HomeMy WebLinkAboutPA2008-040_MASTER PLAN DRAFTPA2008-040 Master Plan Draft
August 27, 2009
RECEIVED BY
PLANNING DEPARTMLINT
NONE
PENN
lman Associates
Fresno
559.497.0310
Jonna D. Engel, Ph.D., Ecologist AUG 2 8 2009 714.508.4100ine
California Coastal Commission
89 S. California Street, Suite 200 Palm spru,gs
47
Ventura, CA 93001-2801 CITYOFNEWPORTBEACH 760.322.88
Sacramento
Subject: Marina Park Master Plan — Draft Jurisdictional Delineation 916.447.1100
San Bernardino
Dear Ms Engel 909.884.2255
San Ramon
On behalf of the City of Newport Beach (the City), and Michael Brandman Associates (MBA), I wanted to 925.830.2733
thank you for all your guidance in preparing the Jurisdictional Delineation (JD) for the proposed Marina
Park project site (Site) in Newport Beach, Orange County, California.
The JD provides an assessment using both federal (United States Army Corps of Engineers, USACE) and
California Coastal Commission (CCC, Commission) regulations and guidance. Because some provisions of
the regulations and guidance lend themselves to broad interpretation with potentially divergent outcome,
the City would appreciate it if the Coastal Commission staff would review and provide written comments on
the draft document for consistency with current coastal policy. The City hopes to finalize the report by
September 17, 2009.
To this end, I have provided one hard -copy version of the JD for your review. if you would like an electronic
version and/or additional hard copies, please do not hesitate to email me at pmead@brandman.com or
call me at 909.884.2255.
Respectfully,
Paul Mead, Senior Regulatory Project Manager
Michael Brandman Associates
621 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408
Enc: Draft Jurisdictional Delineation
Cc. Rosalinh Ung, Associate Planner, City of Newport Beach
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ENVBRONMENTAL SERVICES • PLANNiNG a NATURAL RESoURcEs MANAGEMENT
v, w.brandman.com
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Draft
Delineation of Jurisdictional Waters and Wetlands
' Marina Park Project, City of Newport Beach
Orange County, California
' Newport Beach OES USGS 7.5-minute Topographic Quadrangle
Section 33, Township 6 South, Range 10 West
Prepared for:
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, California 92658-8915
Contact: Rosalinh Ung, Associate Planner
Prepared by:
Paul Mead, Esq., Regulatory Project Manager
Michael Brandman Associates
621 E. Carnegie Drive, Suite 100
San Bernardino, California 92408
909.884.2255
Contact: Mike Houlihan, Project Manager
Surveys Conducted By: Paul Mead
Surveys Conducted: July 10, 2009
Report Date: August 17, 2009
RECEIVED BY
PLANNING DEPART11 WT
AIjG G 8 i009
CITY OF NFWPQRT 111$ACK
' City of Newport Beach, Marina Park Project
Delineadon of Jurisdictional Waters and Wetlands Table of Contents
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TABLE OF CONTENTS
'
Section1: Summary ............................................................................................................1
1.1 - Introduction........................................................................................................1
1.2 - Project Description.............................................................................................2
1.3 - Summary of Jurisdictional Findings...................................................................2
'
Section 2: Jurisdictional Methodology.........................................................................3
2.1 - Methodology Statement............................................................................. ......3
2.2 - Pre -Survey Investigation....................................................................................3
2.3 - Field Investigation..............................................................................................4
'
Section 3: Environmental Setting......................................................................................6
3.1 - Location of the Property.....................................................................................6
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3.1.1 -Directions to the Property....................................................................6
3.2 - Land Uses.........................................................................................................6
3.2.1 - Land Uses...........................................................................................6
3.2.2 - Surrounding Land-Uses....................................................................10
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3.2.3 - Activities Relating to Interstate or Foreign Commerce .......................10
3.3 - Topography.....................................................................................................10
3.4 - Hydrology........................................................................................................10
3.4.1 -Watershed Description......................................................................10
3.4.2 - Beneficial Uses.................................................................................10
3.4.3 - Flood Data........................................................................................11
3.4.4 - Seasonal Climate Variation...............................................................11
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3.4.5 - Field Conditions at time of Field Investigation...................................12
3.5 - Soils................................................................................................................13
'
3.6 - Biological Resources.......................................................................................13
3.6.1 - Biological Resources Surveys and Reports.......................................13
3.6.2 - Plant Communities / Land Use Acreages / Flora / Fauna ..................13
3.6.3 - Evaluation of Special Status Species (Terrestrial) .............................15
3.6.4 - Evaluation of Special Status Species (Marine)..................................15
3.6.5 - Listed Species / Critical Habitat — Moderate to High Potential ...........18
3.7 - Historical Properties.........................................................................................19
3.8 - Coastal Zone Evaluation..................................................................................19
3.9 - Environmental Documentation.........................................................................19
3.10 - USAGE District Considerations — Los Angeles District...................................20
'
Section 4: Jurisdictional Delineation Results.................................................................25
4.1 - Summary of Jurisdictional Areas......................................................................25
4.2 - USAGE Jurisdictional Determination - Rationale..............................................25
4.2.1 - Lower Newport Bay...........................................................................25
4.2.2 - intertidal Wetlands — Field Analysis...................................................26
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4.2.3 - Intertidal Wetlands — USAGE Jurisdictional Determination ................28
4.3 - CCC Wetland Determination - Rationale..........................................................28
' Section 5: References.......................................................................................................35
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Table of Contents
APPENDICES
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Appendix A: Regulatory Compliance
Appendix B: Jurisdictional Wetlands and Significant Nexus Determination
Appendix C: Glossary of Terms
Appendix D: Site Photographs
'
Appendix E: Jurisdictional Determination Forms
Appendix F: Wetlands Data Sheets
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Appendix G: Supporting Data
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Table of Contents
LIST OF TABLES
Table1: Water Shed Data - Size.........................................................................................10
Table2: Beneficial Uses......................................................................................................11
Table3: Climate Data..........................................................................................................12
Table 4: Plant Community/Land Use Acreages...................................................................14
Table 5: Special Status Species Potentially Present in the Marina Park Project Area .......... 16
Table 6: Summary of Jurisdictional Areas...........................................................................25
Table 7: Functions and Values of Wetlands........................................................................30
LIST OF EXHIBITS
Exhibit 1: Regional Location Map..........................................................................................7
Exhibit 2: Local Vicinity USGS Topographic Map..................................................................8
Exhibit 3: Local Vicinity Aerial Map........................................................................................9
Exhibit 4: Watershed / Drainage Map..................................................................................21
Exhibit 5: FEMA Flood Map.................................................................................................22
Exhibit6: USDA Soils Map..................................................................................................23
Exhibit 7: Plant Communities Map.......................................................................................24
Exhibit 8: Jurisdictional Determination (Aerial).....................................................................32
Exhibit 9: Jurisdictional Determination (Cross-section)........................................................33
Exhibit 10: Jurisdictional Determination (Photo Cross-section)............................................34
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Summary
SECTIO " 1; S A
Applicant Name:
City of Newport Beach
Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658-8915
Contact: Rosalinh Ung, Associate Planner
1.1 - Introduction
Agent Name:
Michael Brandman Associates (MBA)
621 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408
Phone: 909.884.2255
Contact: Paul Mead, Senior Regulatory Specialist
Email: pmead@brandman.com
At the request of City of Newport Beach, Michael Brandman Associates (MBA) conducted a
Jurisdictional Determination of the 10-acrew Marine Park Property, hereafter referred to as the
project site or site, located in the City of Newport Beach, Orange County, California.
The project site was evaluated to determine the presence and extent of jurisdictional of waters of the
United States (U.S.) and waters of the State. [11 These waters include all rivers, streams, lakes, ponds
and coastal resources including wetlands.
Wetlands were evaluated using criteria established by the United States Army Corps of Engineers
(USACE) (See Section 2). Similarly, because the project is located within the coastal zone (as
defined by the California Coastal Act), the project was also evaluated using criteria employed by the
California Coastal Commission (CCC). (2]
This report delineates waters and wetlands, and also provides a summary of ancillary information
needed for processing regulatory permits with the USACE and other Regulatory Agencies.
Regulatory permits are required for potential impacts to Waters of U.S. as set forth in Section 404 of
' the Clean Water Act (CWA) and/or Section 10 of the Rivers and Harbors Act of 1899. Impacts to
waters of the U.S. will also require CWA section 401 permitting with the Regional Water Quality
' Control Board (RWQCB). Similarly, because the project lies within the coastal zone, authorization
will also be required from the CCC.
' The project site is not subject to California Department of Fish & Game (CDFG) Jurisdiction under
Fish & Game Code section 1600-1616 because the project site does not contain lake or streambed.
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Impacts and proposed mitigation will be assessed in a separate mitigation plan and are not provided in
this report.
[1] Waters if the U.S areas defined by the Section 404 of the Clean Water Act, and Section 10 of the Rivers
and Harbors Act of 1899.
[2] The California Coast Act is set forth in Public Resources Code, Section 30000-30900.
Michael Brandman Associates
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' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Summary
1.2 - Project Description
' The proposed Marina Park Project (Project) includes the Multi -Purpose Building at the Balboa Center
Complex (0.23 acres), Sailing Program Building at the Balboa Center Complex (0.25 acre), the Girl
' Scout House (0.16 acre), marina services building (0.03 acre), parking areas (1.47 acres), park
(4.89 acres), beach (1.75 acres), and marina basin (1.67 acres).
'
1.3 - Summary of Jurisdictional Findings
'
The project site includes 0.76 acre of Newport Bay, which are navigable waters of the U.S. and
subject to federal jurisdiction under Section 10 of the Rivers and Harbors Act of 1899. The on -site
portions of the Bay are also subject to RWQCB jurisdiction under Section 401 of the CWA.
'
As defined using USACE criteria, no adjacent wetlands were determined to be found on the project
site because the project site does not exhibit a dominance of hydrophytic vegetation, or hydric
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(anaerobic) soils.
Applying the California Coastal Commission one -parameter rule, the maximum potential extent of
'
wetlands is defined as lands "covered periodically or permanently with shallow water ... ". [3] The
delineation determined this area of periodic inundation to extend from the lowest (historically)
observed water level (LOWL) to the high ride line (HTL), including 1.81 acres. However, because
'
this area contains neither hydric soils nor a dominance of hydrophytic vegetation it does not possess
sufficient wetland indicia to be determined a CCC wetland. [4] Furthermore, the project site lacks
sufficient functional capacity to be considered a wetland (or even degraded wetlands). No California
Coastal Commission wetlands are present at the site.
'
Because no wetlands are present (even in a degraded state), proposed activities in the surveyed area
should not result in loss of wetland functional capacity in the Lower Newport Bay.
'
A comprehensive discussion of the rationale for these jurisdictional determinations is provided in
Section 4 of this document.
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[3]Public Resources Code, Section 30121; wetlands
[41 "CCC Wetland Delineation Rationale - Method", John Dixon, Senior Ecologist, California Coastal
'
Commission.
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City of Newport Beach, Marina Park Project
Delineatfon of Jurisdictional Waters and Wetlands Jurisdictional Methodology
S 'CTION 2• JUR SDICTI'ONAL'MS RODOLO'GY'
2.1 - Methodology Statement
This Jurisdictional Delineation (JD) was conducted in accordance with regulations set forth in 33
CFR part 328 and the USACE guidance documents referenced below:
• USACE Wetlands Research Program Technical Report Y-87-1 (on-line edition), Wetlands
Delineation Manual, Environmental Laboratory, 1987 (Wetland Manual).
• USACE Guidelines for Jurisdictional Determinations for Waters of the United States in the
Arid Southwest, 2001 (Arid Southwest Guidelines).
• USACE Minimum Standardsfor Acceptance ofPreliminary Wetlands Delineations,
November 30, 2001 (Minimum Standards).
• USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual. -
Arid West Region, December 2006 (Arid West Supplement).
• USACE Jurisdictional Determination Form Instructional Guidebook, May 30, 2007 (JD Form
Guidebook).
• USACE A Field Guide to the Identification of the Ordinary Hitigh Water Mark (OHWM) in the
Arid West Region of the Western United States, August 2008 (Delineation Manual).
• California Coastal Commission, Procedural Guidance for the Review of Wetlands Projects in
California's Coastal Zone, June 15, 1994.
2.2 - Pre -Survey Investigation
Prior to the field visit, a 200-scale (1 inch = 200 feet) aerial photograph of the Site was procured and
compared with the Newport Beach, California, U.S. Geological Survey (USGS) 7.5-minute
topographic quadrangle map to identify drainage features within the survey area as indicated from
topographic changes or visible drainage patterns. The National Wetland Inventory was also reviewed
to determine whether any wetland areas had been documented within the vicinity of the site. The
United States Department of Agriculture (USDA) Soil Survey Map was reviewed to identify the soil
series that occur on the Site.
Tidal data was accessed from the National Oceanic and Atmospheric Administration (NOAA). These
tidal data include information gathered over a 19-year period as set forth in the last National Tidal
Datum Epoch (1983-2001). These data were combined with topographic data provided by the City of
Michael Brandman Associates
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Jurisdictional Methodology
Newport Beach and aerial imagery to create contours for the referenced tidal datum in the surveyed
area.
Because topographic data was based on 1-foot intervals, slope intercept calculations were used to
extrapolate and approximate tidal datum contours to sub -foot accuracy.
Three transects were established for field evaluation and confirmation. These transects located in the
west, central and eastern segments of the beach portion of the project site. (See transects in Exhibit 8)
These transects were used to create cross-section reference graphics (See Exhibits 9 and 10)
2.3 - Field Investigation
A field investigation was performed by MBA Senior Regulatory Project Manager, Paul Mead, on
July 10, 2009. Materials used included, transect markers, a 50-meter tape measure, shovel, and
Munsell color chart. Data was collected using a Magellan Explorist 210 GPS with an accuracy of
' ±12 feet.
' Three transects were evaluated (See Exhibit 8). Seven soil pits were excavated along transect 3 to a
minimum depth of 18". These pits were used to evaluate soil profiles for indications of anaerobic and
redoximorphic (hydric) conditions in the subsurface.
The survey was conducted on foot. Potential jurisdictional features were systematically inspected to
record existing conditions and to determine the jurisdictional limits. The site was carefully assessed
' for surface flow (inundation) indicators (presence of hydrophytic vegetation, staining, cracked soil,
pending, etc). The apparent flow regimes and corresponding hydrogeomorphic features were
' subsequently identified. The lateral extent of USACE jurisdiction was measured at the Ordinary High
Watermark (OHWM) or at the Mean High Water (MHW) mark.
'
Wetland areas were assessed to the outer reach of the applicable vegetative community (the Sandy
Beach), or if hydrophytes were present then to the transition to upland species. Depressions/ponded
areas where water appears likely to collect were also evaluated. Ponded features are assessed to the
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natural topographical rim of the depressional feature or to the outer drip mark of vegetative layer
(whichever was greater). Features previously indicated on aerial photographs (dark/saturated areas,
associated riparian vegetation, etc.) were field verified during the site visit. Similarly, U.S.
'
Department of Agriculture/Natural Resources Conservation Service (USDA/NRCS) soils records for
Orange County were also field confirmed. Plant species for each vegetative community were
identified and given an indicator status as prescribed in the National List of Vascular Plant Species
'
that Occur in Wetlands (1996). As needed, data collected were recorded on wetland data forms and
evaluated using the 2006 USACE Arid West Regional Guidance.
CCC jurisdiction includes coastal wetlands, as defined in the Coastal Act, and corresponding
regulations and guidance. Based on Coastal Commission criteria, the maximum extent of CCC
Michael Brandman Associates
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Jurisdictional Methodology
wetlands may extend from the lowest observed water level (Historical) to the high tide line. This area
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is also shown in the corresponding transect data.
Measurements were entered into Geographical Information System (GIS) Arcview software to
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identify the location and dimensions of jurisdictional areas. The Arcview application was then used
to compute federal and state jurisdiction in acres. Acreage computations were verified using a 200-
scale aerial photograph and field data.
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Environmental Setting
s ETIAN 3- ENUIR NM NTd'L SETTING
3.1 - Location of the Property
The project is located in the southwestern portion of the City of Newport Beach in Orange County,
California (see Exhibits 1-3). The project site encompasses approximately 10.45 acres and is located
between Balboa Boulevard and Newport Bay and between 15s' Street on the east and 19s` Street on
the west. Major arterial access is provided along Balboa Boulevard with secondary access to the
project site along 15'h Street, 18s` Street, and 19th Street. Regional freeway access to the site is
provided by the Costa Mesa Freeway (SR 55) and the San Joaquin Hills Transportation Corridor
(SR 73).
The central point of the property was determined to have a latitude/longitude corresponding to
33.608503°N and --117.923843°W (Decimal degrees)
3.1.1 - Directions to the Property
From Downtown Los Angeles, take the Santa Ana Freeway (5) south to the Newport/Costa Mesa
Freeway (55). Then southwest to Newport Boulevard, which begins at the southern terminus of the
55. Follow Newport Blvd. past Pacific Coast Highway (1) onto the Newport Peninsula until it
transitions to West Balboa Boulevard (Balboa). Continue on Balboa until 18tb Street. Turn left on
18'h street and proceed to the parking lot adjacent to the project site.
3.2 - Land Uses
3.2.1 - Land Uses
The project site encompasses approximately 10.45 acres and presently supports the Marina Park
mobile home park (3.83 acres), Girl Scout House (0.34 acre), community center (0.50 acre),
Las Arenas Park (1.50 acres), the Southern California Edison parcel (0.14 acre), Veteran's Park
(0.47 acre), alley, sidewalk, and 19'" Street restroom (0.97 acre), beach (2.16 acres), and the portion
of the project site within Newport Bay (0.54 acre).
Mlchael Brandman Assoclates
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Pacific Ocean
El Toro
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Source: Census 2000 Data, The CaSIL, MBA GIS 2008.
1INNI8N 5 2.5 0 5 Exhibit 1
❑❑N❑ _� Miles Regional Location Map
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00640022 •0712009 i 7_regionaLmxd CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
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DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Environmental Setting
3.2.2 - Surrounding Land -Uses
The property is bound in the north by Newport Harbor. Marinas are located immediately to the east
and west of the surveyed area. The site is bound in the west Balboa Blvd. and existing residential
development to the south.
3.2.3 - Activities Relating to Interstate or Foreign Commerce
In addition to being a navigable water, Newport Bay (including on -site portions) is used for recreation
(swimming) including likely use by interstate or foreign travelers. Onsite resources (Newport Bay)
may also be used for fishing with potential sale in interstate or foreign commerce. However, the land
is not currently used for industry, agriculture or other like activities operating in interstate or foreign
commerce.
3.3 - Topography
The Project Site has varied topography with an elevation ranging from approximately -2.35 Feet
below Mean lower Low Water (MLLW) to approximately 10 feet above MLLW. The public beach
slopes at an approximate grade of 7.2 degrees to the water.
3.4. Hydrology
3.4.1 - Watershed Description
The project is located within the Newport Bay Watershed (USGS cataloging unit 18070204) and
Newport Bay hydrologic sub -area (801.14).
Table 1: Water Shed Data - Size
Hydrologicdnformatiori
Description
Acres
Sq.iW,
1% of Watershecl
Hydrologic Area
Lower Santa Ana
309,681
483.9
NA
].fiver
Hydrologic (Cataloging)
Newport Bay
100,343
156.8
100
Unit
(18070204)
Hydrologic Sub -Area
Newport Bay
1,610
2.5
1.6%
(801.14)
3.4.2 - Beneficial Uses
The Basin Plan for the Santa Ana Regional Water Quality Control Board (SARWQCB) has
established the beneficial uses surface waters in the area. For purposes of noting beneficial uses, the
project site is located within the "Lower Newport Bay" (See Table 2, below).
Michael Brandman Associates 10
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' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Environmental Setting
Table 2: Beneficial Uses
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" Beneficial Uses
Upper
Newport'Bay
(Lower ',
Newport;Bay
Facinc
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Municipal/Domestic Water Supply (MUN)
Agricultural Supply AGR)
Industrial Service Supply (IND)
Yes
Industrial Process Supply (PROC)
Groundwater Recharge (GWR)
Navigation (NAV)
Yes
Yes
Hydropower Generation (POW)
Water Contact Recreation (REC 1)
Yes
Yes
Yes
Non -Contact Water Recreation (REC 2)
Yes
Yes
Yes
Commercial and Sports fishing (COMM)
Yes
Yes
Warm Freshwater Habitat (WARM)
Yes
Limited Wane Freshwater Habitat (LWRM)
Cold Freshwater Habitat (COLD)
Preservation of Biological Habitats of Special
Significance (BIOL)
Yes
Wildlife Habitat (WILD)
Yes
Yes
Yes
Rare, Threatened or Endangered Species (RARE)
Yes
Yes
Yes
Spawning, Reproduction, and Development (SPWN)
Yes
Yes
Yes
Marine Habitat (MAR)
Yes
Yes
Yes
Shellfish Harvesting (SHEL)
Yes
Yes
Yes
Estuarine Habitat (EST)
Yes
* NOTE: Reach of the Santa Ana River extends from Prado Dam to Mission Blvd. in Riverside..
' 3.4.3 - Flood Data
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The Federal Emergency Management Agency (FEMA) has an assigned flood Zone classification for
the project area. The bulk of landward side of the property is within FEMA zone "X500". The
"X500" designation establishes that the annual probability of flooding is between 0.2 percent and
one percent (100-500 year flood). A small portion of the seaward side of the property is within
FEMA designated zone "A', which corresponds to an annual; probability of flooding of one percent
or greater (>_100 year flood) (See Exhibit 5).
3.4.4 - Seasonal Climate Variation
NRCS has recorded and compiled climate data for Newport Beach Harbor (CA 6175).
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Wafers and Wetlands Environmental Setting
Table 3: Climate Data
Climate 'Parameter Value
Units,
Month,(Year)
Temperature: Average Daily Minimum
48.0
OF
December
Temperature: Average Daily Maximum
72.9
OF
August/Sept
Rainfall: Lowest Monthly Average
0.02
Inches
July
Rainfall: Peak Monthly Average
2.60
Inches
January
Precipitation: Lowest Annual (1935-2002)
2.95
Inches
(1989)
Precipitation: Highest Annual (1935-2002)
25.55
Inches
(1983)
Precipitation: Average Annual (1935-2002)
11.72
Inches
NA
Snowfall: Peak Monthly Average
0.0
Inches
NA
Growing Season Dates tables suggest a 50 percent probability that the growing season will last year
round (365 Days 28°F or higher)(WETS Station Data).
Precipitation is typically greatest in the winter months January through March, reaching peak average
rainfall in January (2.60 inches). Average precipitation is lowest in July (0.02 inch). Snowfall is not
typical in the area. The WETS tables indicate average annual precipitation for the area is
11.72 inches, with 0.0 inches of snowfall. Total average precipitation may vary greatly between
drought and flood years. Between the survey years 1935 and 2002, annual precipitation was lowest in
1989 (2.95 inches) and highest in 1983 (25.55) (WETS Station Data). The highest recorded historical
high tide corresponds to a storm surge in 1983.
Precipitation within the Chino (Split) hydrologic sub -area (801.21) indicates annual precipitation
within the watershed at 18.2 inches.
3.4.5 - Field Conditions at time of Field Investigation
The field survey was conducted on July 10, 2009 from 05:40 am to 09:00 am. The weather was
generally warm with a morning marina layer proving slight cloud cover throughout most of the
survey. Sunrise was at 5:50 am, sunset at 8:48 pm.
The field survey was scheduled to coincide with the low -low ride for the area at 05:57 am. Low tide
corresponded to a height of -0.2 feet measured from MLLW. Higher High tide for the survey date
was +5.1 measured from MLLW at 11:20 pm.
During the survey periods, the Palmer Drought Severity Index (PDSI) indicated severe drought
conditions in the area, crop moisture index for the time period was at -2.43.
Michael Brandman Associates 12
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City of Newport Beach, Marina Park Project
Dellneatton ofJurisdictlonal Waters and Wetlands Environmental Setting
'
3.5 - Soils
'
The Project Site does not contain named soil series. A soil series is a group of soils with similar
profiles. These profiles include major horizons with similar thickness, arrangement, and other
'
important characteristics. The USDA soil survey identifies the soil profiles in the area as "Beaches"
and "Water" (United States Department of Agriculture Soil Survey, Orange County Area, California
'
2008) (Exhibit 6).
Sandy Beaches includes unvegetated coastal area comprised exclusively of sand. Sandy Beach can be
subject to high-energy wave action. However, within protected bays such as Newport Harbor,
beaches are sheltered resulting in low energy wave action. Sandy beaches are areas of extremely
rapid percolation with virtually no run-off.
'
3.6 - Biological Resources
3.6.1 - Biological Resources Surveys and Reports
'
Two biological assessments have been prepared fro this project and are cited/referenced in this report.
• Coastal Resources Management, October 15, 2008 (Revised 02/25/2009); Marine Biological
'
Impact Assessment, Marina Park Project, Newport Beach, California.
' • MBA, November 18, 2008; Terrestrial Biological Resources Assessment, Marina Park
Project, Newport Beach, Orange County CA.
'
3.6.2 - Plant Communities / Land Use Acreages / Flora / Fauna
The Terrestrial Biological Resources Assessment for the project (MBA 2008), establishes the
'
following Plant community/land uses for the project site (See Table 4, below).
With respect to the delineation of jurisdictional waters and wetlands, the biological assessment of the
'
Sandy Beach and Intertidal Coastal Wetlands are most pertinent.
Sandy Beach and Intertidal Area
'
While most of the shoreline of Newport Harbor is dredged for boat slips and lined with bulkheads, a
few sandy beaches are scattered throughout the harbor. The sandy beach area on the project site
provides the public with recreation opportunities and also provides 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
'
13
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Delineation of Jurisdictional Waters and Wetlands Environmental Setting
shorebirds to the mid and low intertidal elevations of the beach that utilize these invertebrates as their
food source (Coastal Resources Management, Inc. at page 15, citing Quammen 1980).
A hedge of ornamental shrubs is also present, separating the public beach from the adjoining mobile
home park. A line of ornamental palm trees also lines the sidewalk that borders the public beach.
These individual trees and landscaped areas of ornamental vegetation are not associated with any
native vegetation and provide only limited habitat value, primarily as cover and perching areas for
birds and common terrestrial wildlife that are normally found in and associated with developed areas.
The scattered ornamental landscaping covers a total of approximately 0.7-acre of non-native
vegetation (MBA, 2008).
Table 4: Plant Community/Land Use Acreages
Plant,Community '
Approximate Area (acres)
Disturbed/Developed
7.05
Ornamental
0.70
Turf
0.40
Sandy Beach
1.00
Intertidal Coastal Wetland (CCC)
1.20
Total
10.35
The plant communities discussed above provide marginally suitable foraging habitat for a few local
terrestrial wildlife species, all of which are urban -adapted, and no sensitive wildlife or suitable habitat
for sensitive wildlife are present on the site. (MBA, 2008)
Invertebrates observed within the project site include sand fleas (insects in the family
Ceratopogonidae), beached moon jellies (Aurelia aurita), and sand crabs (Enierita talpoida).
Barnacles (Balanus glandula) were also found in the mid to high intertidal area attached to piers,
docks, walls and bay mussel (Mytilus galloprovinvialis).
The project site contains shallow marine habitat that provides potentially suitable habitat for several
marine fish. Fish were observed breaching the water during the early morning hours, 20 or more feet
offshore from the observed low tide. Positive identification was elusive, but the size and color
suggest white seapearch (Phanerodon furcatus, Silver, 32 cm in length). The Marine Resource
Assessment for the project asserts that over 75 species of fish are known to be present in Newport
Bay (CRM, 2009).
Michael Brandman Associates
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The site lacks suitable habitat for amphibians or reptile species and none were observed during the
filed survey.
During the delineation several avian species were noted, these included small feeding groups of
marbled godwit (limosa fedoa) in the low inter -tidal area, and also California gull (Larus californicus)
and mallard duck (Anas platyrhynchos). In addition to those species observed during the delineation,
the terrestrial biological assessment of the area also recorded the presence of several urban -adapted
avian species, including the house sparrow (Passer domesticus), house finch (Carpodacus
mexicanus), American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura). The
snowy egret (Egretta thula), brown pelican (Pelecanus occidentalis), and gull -billed tern (Sterna
nilotica) may also occur on site (MBA, 2008).
Other than domesticated cats and dogs, no mammals were observed during the field survey.
Opossums may also be expected to occur on the site (MBA, 2008)
3.6.3 - Evaluation of Special Status Species (Terrestrial)
The following federally or state listed species are reported to occur within the vicinity of the site and
were evaluated for their potential to occur on -site: light-footed clapper rail (Rallus longirostris
levipes), California least tern (Sternula antillarum browni), coastal California gnatcatcher (Polioptila
californica californica) (CAGN), western snowy plover (Charadrlus alexandrinus nivosus), southern
tarplant (Centromadia parryi ssp. Australis), Coulter's saltbush (Atriplex coulteri), Davidson's
saltscale (Atriplex serenana var. davidsonii), estuary seablite (Suaeda esteroa), mud nama (Nama
stenocarpum), chaparral sand -verbena (Abronia villosa var. aurita) (MBA, 2008).
None of the listed terrestrial special status species were found or are expected to occur on site. (MBA,
2008)
3.6.4 - Evaluation of Special Status Species (Marine)
The following federally or state listed species are reported to occur within the vicinity of the site and
were evaluated for their potential to occur on Site (CRM, 2009).
Michael Brandman Associates 15
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'
Table 5: Special Status Species Potentially Present in the Marina Park Project Area
'
Scientific Name
Common
USFWS.Status
CDFG
Habitat
Po£entlahto
'Name
or NMF§,Status
,Status �
Occyr
Plants
Phyllospadix
surfgrass
Habitat Area of
—
Nearshore rocky
none
torreyi
Particular Concern
intertidal/rocky
(HAPC)) for
subtidal
'
Fisheries Management
Plan (FM?) Species
under the Magnuson -
Stevens Fishery
Conservation and
Management Act
Zostera marina
eelgrass
Habitat Area of
—
Bays, harbors,
Not observed at
'
Particular Concern
shallow near
the project in
(HAPC) for Fisheries
shore water
2003, 2004,
Management Plan
sediments
2005, and 2008
(FMP) Species under
'
the Magnuson -Stevens
Fishery Conservation
and Management Act
'
Fishes
Eucyclogobius
Tidewater
FE
—
Shallow marine
No potential,
newber yi
goby
waters, lower
extirpated from
reaches of
Orange County
streams
Leuresthes tenuis
California
grunion
—
—
Spawns on local
open coastal
No potential to
occur at the
beaches
project site
'
None in West
Hypsypops
California
Protected under
California
Subtidal rocky
Newport Bay;
rubicundus
garibaldi
commercial and sport
State
reef habitat;
does occur near
fish regulations
Marine
resident and
the harbor
Fish ,
territorial
entrance channel
Assembly
species in
in rocky subtidal
Bill
shallow subtidal
environment
'
AB77,
rocky habitats
1995
Paralichthys
California
—
—
Shallow coastal
High potential
'
californicus
halibut
waters, open
ocean
'
18
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Delineation ofJurlsdlctional Waters and Wetlands Envlronmentaf Setting
Table 5: Special Status Species Potentially Present in the Marina Park Project Area (Cont.)
Scientiflc,Name
Common
USFWS Status
CDFG
Habitat
PotentlaUto
Name
or NMFS;Status
Status
, Occur
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' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Environmental Setting
Table 5: Special Status Species Potentially Present in the Marina Park Project Area (Cont.)
F
u
SdientlfidN'ame
Common
USFWS.Status, CDFG
Potentiallta "
Habitat
Name
or NMFS Status Status
Qccur
Mammals
Zalophus
California sea
MMA
Near shore and
Moderate-to-
californianus
lion
open ocean
high potential for
waters,
individuals to be
occasionally
present in West
enters
Newport Bay.
bays/harbors
Locally
becoming more
abundant in
Newport Harbor,
and in the
vicinity of
vessels moored
offshore of Lido
Peninsula
Phoca vitulina
Harbor seat
MMA
Nearshore and
Low potential to
open ocean,
be present in
occasionally
West Newport
enters
Bay.
bays/harbors
Tursiops
Bottlenose
MMA
Nearshore and
Rare visitor to
truncates
dolphin
open ocean
Newport Harbor
waters
Eschrichthis
California
MMA
Near shore and
Rare visitor to
robustus
gray whale
open ocean
Newport Harbor
waters
FE— Federal Endangered; FT —Federal Threatened; MMA — Protected under Marine Mammal Act
California Department of Fish and Game
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)
' 3.6.5 - Listed Species / Critical Habitat — Moderate to High Potential
As part of the USACE permitting program, Nationwide Permit General Condition 17 (GC 17)
requires compliance with the Endangered Species Act (ESA). Pursuant to the ESA and GC 17, no
' activity is authorized under any Nationwide Permit (NWP) which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
' identified (under the ESA), or which will destroy or adversely modify the critical habitat of such
species. Similarly no activity is authorized under any NWP which "may affect' a listed species or
' Michael Brandman Associates 18
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City of Newport Beach, Marina Park Project
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critical habitat, unless a Section 7 consultation addressing the effects of the proposed activity has
been completed.
The following federally listed species have moderate to high potential to occur on the project site:
• California brown pelican (Pelecanus occidentalis);
• California least tern (Sterna antillarum browni); and
• California halibut (Paralichthys californicus).
In addition, the California sea lion (Zalophus californianus) is protected under the Marine Mammal
Act (MMA) and may require special consideration during permitting.
The proposed project is not anticipated to detrimentally impact, or otherwise result in the direct or
indirect take of listed species (See CRC, Marine Biological Impact Assessment, 2009).
No other federally or state listed species are present on the site, and no suitable habitat for any
federally or state listed species is present on the site, therefore, no further action is required pursuant
to the ESA or the California Endangered Species Act (CESA). Additionally, no species or habitat
protected under the Orange County Coastal -Central Natural Community Conservation
Planning/Habitat Conservation Plan (NCCP/HCP) are present on the site, therefore, no father action
is required pursuant to the NCCP/HCP. Therefore, implementation of the proposed project will not
have significant impacts on any special status or sensitive plant communities, special status or
sensitive plants, or special status or sensitive species (MBA, 2008).
3.7 - Historical Properties
An assessment of onsite historic properties is required by USACE in administering the Section 404
permitting program. According to General Condition No. 12 of the USACE Nationwide Permit
Program, pursuant to the federal National Historic Preservation Act (NHPA), the presence of
significant cultural resources must be determined prior to submittal of the Section 404 application.
3.8 - Coastal Zone Evaluation
The project site is within the coastal zone as defined by the California Coastal Act. As such, a
Coastal Zone Management Act consistency determination is required.
As of July 1, 2008 the Local Coastal Plan (LCP) for the South Coast Area, identified an "effectively
certified" Land Use Plan (LUP) for the City of Newport Beach.
3.9 - Environmental Documentation
Pursuant to the California Environmental Quality Act (CEQA) a Draft Environmental Impact Report
(DEIR) will be prepared for the Property and proposed project.
Michael Brandman Associates 19
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Delineation of Jurisdictional Waters and Wetlands Environmental Setting
The DEIR will evaluate the projects environmental effects/impacts. Final CEQA documents are
required before water quality certification (CWA Section 401) will be authorized. Similarly, a CDFG
Section 1602 streambed alteration agreement will not be considered finalized until final CEQA
documents have been issued.
3.10 - USACE District Considerations — Los Angeles District
' None of the USACE Los Angeles District regional conditions applies to the subject property.
' Michael Brandman Associates
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00640022. 07/200915 FI00d.mxd
Exhibit 5
FEMA Flood Map
CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
0 Project Site
Soil Classifications
115 - Beaches
227 - Water
Earth Pro
115
it
s ` 1 Imo_
.. x
JJJJq -. rr�nl v
ca678 soils (2008).
200 10D 0 200
Feet
227
rr Ho
`j
Exhibit 6
USDA Soils Map
00640022 -0712009 16_Soils. and CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
low
Newport Bay
I -imfjf. %A:
,17
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
S CTION 4: JURtSDICT O AL DELINEATI N RESULTS ��
The following section provides a detailed discussion of jurisdictional and non jurisdictional areas on
the property, incorporating findings related to vegetative communities, topography, soils, hydrology,
and wetlands for each of the geomorphic features.
4.1 - Summary of Jurisdictional Areas
The only potential jurisdictional feature(s) on the project site are the Lower Newport Bay and the
adjacent Beach, which was evaluated for presence of potential wetlands.
Table 6: Summary of Jurisdictional Areas
California CoastaPCommisslori Jurisdiction
USACE Jurisdiction
Maximum"
Wetladds
Hydrogeomorphic
Waters of U.S.
Adjacent
Wetland
Dee Water
P
Extent of
Periodic
based on
presence of
Feature
acres,(linear,
waters
acres
Innundatlon
Hydrophytes
feet)
(acres)
(acres)
or Hydric
HTLAHOWL'
Soiis,(acro),'
Lower Newport
0.76 (1,378)
NA
0.22
1.8 / 2.20
0.0
Bq, Beach (from
16 to 19" Street)
* HTL = Ogh Tide Line HOWL=ffi estObservedWater fimc(See discussion below)
4.2 - USACE Jurisdictional Determination - Rationale
A detailed discussion of the rationale for supporting the jurisdictional determination for each type of
geomorphic feature found on the site is as follows.
4.2.1 - Lower Newport Bay
The term "Waters of the United States" as it applies to the jurisdictional limits of authority of the
USACE under the CWA, is defined in 33 CFR Part 328.3(a). These regulations establish CWA
jurisdiction of"all waters which are currently used, or were used in the past, or may be susceptible to
use in interstate commerce, including all waters which are subject to the ebb and flow of the tide".
(5] Typically, waters which meet the regulatory definition for "navigability" (33 CFR 329) have
sufficient commerce nexus to be considered waters of the U.S., thus the presence of recreational craft
and access to the ocean or any navigable bodies of water linking other states or nations is sufficient to
[5] 33 CFR 328.3(a)(1).
Michael Brandman Associates 25
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
establish jurisdiction. [6] A determination of navigability, once made, applies laterally over the entire
surface of the waterbody. [7]
The project site includes portions of the Lower Newport Bay extending from 10 Street westward to
19'b Street. The onsite reach is located at the junction of the Rhine Channel, Lido Peninsula Channel,
and Mid Channel in the southwestern portion of bay. Existing Marinas are located immediately to the
east and west of the project site. Similarly, boat moorings can be observed in the mid -channel from
the project site. Boat traffic is regularly seen in the waters extending outward from the project site,
and the beach is sometimes used as a launching point for small recreational watercraft such as kayaks,
canoes, and catamaran. Furthermore, the Lower Newport Bay is directly connected to the Pacific
Ocean, and regularly facilitates recreational boating/sailing to other states and foreign waters such as
the territorial waters of Mexico.
In its Basin Plan, the Santa Ana Regional Water Quality Control Board (SARWQCB) has identified
beneficial uses for the Lower Newport Bay, which also support a nexus to interstate commerce.
These uses include, navigability, water contact recreation, commercial and sports fishing, marine
habitat and shellfish harvesting.
Because the waters are susceptible to the ebb and flow of ride, are navigable and support interstate
commerce, CWA jurisdiction will apply to the Lower Newport Bay.
In bays and estuaries the shoreward limit of federal jurisdiction extends to the MHW. [8] Following
procedures set -forth in section 2 of this determination, the MHW was delineated across the entire
reach of the bay extending from 16s' to 19s' Street (See Exhibit 8). The MHW for the area was
determined to be 4.67 feet, above MLLW. The Mean Range of Tide (MN), (the difference in height
between mean high water (4.671) and mean low water (0.915')) was calculated to be 3.755 feet.
4.2.2 - Intertidal Wetlands — Field Analysis
The USACE will assert federal jurisdiction over wetlands, which are adjacent to other (non -wetland)
waters of the United States.
The portion of bay within the project site includes 0.76 (1,378 linear feet) of Jurisdictional waters of
the U.S. [9] Wetlands are defined as, "those areas that are inundated or saturated by surface of
groundwater at a frequency and duration sufficient to support, and under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swaps marshes, bogs and similar areas." [10]
The USACE definition is often referred to as a "three parameter definition". Accordingly, the project
site was surveyed for the presence of wetland hydrology, vegetation (hydrophytes), and hydric soils.
[6133 CFR 329.6(a) & (b).
(7133 CFR 329.4
[8133 CFR 329.12(b)
[9133 CFR 328.3(a)(7)
[10133 CFR328.3(b)
Michael Brandman Associates 26
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Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
Wetland Hydrology:
'
Generally, wetland hydrology is assumed to extend to the line encompassing spring high tides and
other high tides that occur with periodic frequency but not including storm surges in which there is a
departure from normal or predicted reach of the tide caused by strong winds and storm surges. [11 ]
Often the area of inundation is clearly demarcated by deposition of fine shell, debris soil or scum,
seaweed and vegetation. However, on beaches, which are regularly maintained, raked and cleaned,
this inundation may be more difficult to demarcate, particularly given variation in tidal reach over an
annual period.
L
I
D
During the field visit, the area of tidal influence could visually be determined by a change in the
compaction of the beach sand. This line corresponded to a point 5.96 feet above MLLW. Suggesting
that the area of frequent inundation extends beyond the mean high water line. However, given the
disturbed nature of beach, which is susceptible to regular maintenance it is assumed that the area of
periodic tidal influence (inter -tidal zone) extends to the HTL.
HTL data is not provided in the available data from NOAA, a precise HTL is over the National Tidal
Datum Epoch is not known. However, (predicted) tidal data for the bay was reviewed over the three-
month period extending from July 1 to October 13. During this period, HTL is anticipated to extend
to 7.2 feet above MLLW.
Though wetland hydrology is assumed to extend to the HTL, it is probably of insufficient frequency r l�
and duration to facilitate a change in soil morphology and establishment of wetland plant i' pO
communities within the inter -tidal area. Similarly, the grade of the beach (Slope = 7.2) results in drlk.
rapid retreat of water within the great diurnal range, further limiting duration of inundation (or
saturation).
Barnacles and mussels, which are typically found in the mid to high inter -tidal area, were observed on
the existing sea-wall/marina adjacent to the project site. During the field visit, these invertebrates did
not appear to extend beyond the mean high water line (+4.67'). These data suggest that the frequency
and duration of inundation is progressively diminished beyond the MHW.
Vegetation (Hydrophytes):
Hydrophytic vegetation is present when the plant community is dominated by species that can tolerate
prolonged inundation or soil saturation during the growing season. [12] Hydrophytes typically
include obligates, and facultative species (FACW, FAQ which may include many coastal halophytes.
In the Newport area, the growing season extends year round. However, during the time of the survey
no vegetation was observed within the surveyed area. Particularly within the HTL, the absence of
vegetation may be due to insufficient periodic inundation (see above), but may also result from the
disturbed beach habitat which is periodically raked and cleaned of debris.
[11] 33 CFR 328.3(d): Defining High Tide Line.
[12] USACE, Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West
Region, December 2006. at page 12.
Michael Brandmen Associates 27
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Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
Hydrophytes are not present in the surveyed area.
'
Soils (Hydric Soil):
At lower low ride (0.2 feet below MLLW) on the survey date, soil was examined along the length of
'
the easternmost survey transect (Transect 3). Soil pits were excavated at the MLW, the mean tide
level (MTL), the MHW, the mean higher high water (MHHW), the field observed high water mark,
'
the high tide line, and the highest historically observed water level (HOWL). All pits were dug to a
minimum depth of 18 inches. The soil profiles of all pits were similar in that they revealed a
consistent sandy matrix with no evidence of organic streaking, muck, peat, discoloration or any
redoximorphic features that might indicate the presence of hydric soil. The only inter -pit variation
'
was the depth to saturation, which expectedly became deeper moving up the slope. Saturated
soil/sand was not observed in monitoring pits excavated above the field observed high water mark.
'
Hydric soils are not present in the surveyed area.
L
I
4.2.3 - Intertidal Wetlands — USACE Jurisdictional Determination
Based on the field analysis, the surveyed area may provide sufficient wetland hydrology within some
portions of the intertidal area extending to the HTL; however, inundation is of insufficient frequency
and duration to facilitate the formation of hydric soils and/or establishment of hydrophytic vegetative
communities. As such, the area does not meet the USACE regulatory standard for wetlands.
4.3 - CCC Wetland Determination - Rationale
Wetlands in California's Coastal Zone are regulated under the CCA of 1976, which is administered
by the CCC. Section 30121 of the CCA defines "wetlands" as "lands within the coastal zone which
may be covered periodically orpermanently with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. "
Subsequently, the term wetland was further and more explicitly defined in Title 14 California Code of
Regulations Section 13577(b):
... land where the water table is at, near, or above the land surface long enough to promote
theformation of hydric soils or to support the growth of hdrophytes, and shall also include
those types of wetlands where vegetation is lacking and soil is poorly developed or absent as
a result offreguent and drastic fluctuations of surface water levels, wave action, waterflow,
turbidity or high concentrations of salts or other substances in the substrate. Such wetlands
can be recognized by the presence of surface water or saturated soil at some time during
each year and their location within, or adjacent to, vegetated wetland or deepwater habitats.
[13]
On the basis of the above definitions, the CCC considers a wetland to be any area that is sufficiently
wet for a long enough period of time to promote the formation of hydric soils or a predominance of
[13] Guidance: "CCC Wetland Delineation Rationale — Method" at section 2.1
Michael Brandman Associates 26
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Jurisdlctidnal Delineation Results
hydrophytic vegetation. Title 14 CCR Section 13577 designates the following features to define the
upper limits of wetlands: [141
1. The boundary between land with predominantly hydrophytic cover and land with
predominantly mesophytic or xerophytic cover;
2. The boundary between soil that is predominantly hydric and soil that is predominantly
non hydric; or
3. In the case of wetlands without vegetation or soil, the boundary between land that is
flooded or saturated at some time each year and land that is not.
The Coastal Commission requires wetland identification and delineation to be based on the definition
within its regulation. A one parameter approach must be followed to identify and delineate the
geographic extent of wetland boundaries. The parameter used can be either (1) conditions that
promote the formation of hydric soils, which are generally demonstrated by field indicators of hydric
soils, or (2) the presence of a predominance of hydrophytes. [15]
Based on CCC regulations and guidance, the presence of wetlands within the surveyed area is not
dispositive because neither hydric soils nor hydrophytic vegetation are present on site, suggesting that
the period of inundation is insufficient to form indicia of wetland conditions. Survey results were as
follow:
Vegetation (Hydrophytes):
As set forth in section 4.2.2 above, the surveyed area does not support a dominance of hydrophytic
vegetation.
Soils (Hydric Soil):
As set forth in section 4.2.2 above, no hydric soils were determined to be present in the surveyed area.
Wetland Hydrology: (Shallow Water - Area of Periodic/Permanent Innundation)
Coastal Commission Wetlands may occur in areas that are periodically or permanently covered with
shallow water. In most cases, the extent of (periodic/permanent) "shallow water" will define the
maximum extent of the area of potential wetlands. According to CCC guidance the demarcation
between "shallow water" and "deep -water habitat" is the "the lowest historic tide recorded on the
nearest available tidal benchmark established by the U.S. National Ocean Survey" (Lowest Observed
Water Level, LOWL). However the guidance does not define the upper limit of shallow water. [161
At a maximum, the upper limit of shallow water may extend to the highest (historically) observed
water level (HOWL, 7.67 feet above MLLW on 01/28/1983). However, this tidal point may represent
[14) Guidance: "CCC Wetland Delineation Rationale — Method" at section 2.1
(15] Guidance: "CCC Wetland Delineation Rationale —Method" at section 2.2
(16] Generally see; California Coastal Commission (06/15/1994): Procedural Cnddance for the review of
Wetland Projects in California's Coastal Zone; Appendix A: Statewide Interpretive Guidelines for Wetlands
and Other Wet Environmental Sensitive Habitat.
Michael Brandman Associates 29
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Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
influence (storm surge) from extreme storm events and not reflect a meaningful periodic value. As
' such, the high tide line provides a closer approximation of the boundary between land that is flooded
or saturated at some time each year and land that is not.
Based on these data, the maximum potential extent of CCC inter -tidal wetlands extends from the
Lowest observed water level (-2.35 feet) and the highest observed water level (7.67 feet)
encompassing 2.2 acres within the project area. However, applying the HTL as the upper limit of
periodic inundation, the project site includes only 1.81 acres of shallow water.
The project site also includes 0.22-acre of deep -water below the LOWL. (Exhibits 8, 9, and 10
provide graphical representation of both USACE and CCC jurisdictional areas.)
Function and Value of Surveyed Area:
Functions of wetlands can be defined broadly as all processes and manifestations of processes that
occur in wetlands. [17] Most functions fall into three broad categories including (1) hydrologic, (2)
biogeochemical, and (3) maintenance of habitat food webs. These functions can also be related to
certain defined societal values. These functions and values are set forth in Table 7 (below) which
also denotes whether indicators of wetland function are present on site. [18]
Table 7: Functions and Values of Wetlands
/),P/- `
Function Effects
SocietaPVaiue
Indicator
Jifdlcatof
'Present?
Hydrologic
Short-term surface
Reduced downstream
Reduced damage
Presence of floodplain
No
waer storage
flood peaks
from floodwaters
along river corridor (or
Estuarine area)
Long term surface
Maintenance of base
Maintenance of fish
Topographic relief on
No
water storage
flows, seasonal flow
Habitat during dry
floodplain (or estuarine
distribution
periods
area)
Maintenance of
Maintenance of
Maintenance of
Presence of Hydrophytes
No
high water table
hydrophytic
biodiversity
community
Blogeochemical
Transformation,
Maintenance of
Wood production
Tree growth
No
cycling of elements
nutrient stocks within
wetland
[17] National Research Council, Committee on Characterization of Wetlands (1995), Wetlands Characteristics
and Boundaries.
[18] Table 6 is adapted from: National Research Council, Committee on Characterization of Wetlands (1995),
Wetlands Characteristics and Boundaries. See Page 28 Table 2.2.
Michael Brandman Associates 30
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Delineation of Jurisdictional Waters and Wetlands Jurisdictional Delineation Results
Table 7: Functions and Values of Wetlands (Cont.)
'Function Effects
Societal Value
Indicator
Preyet�nt?
ires,
Biogeochemical
Retentions,
Reduced transport of
Maintenance of
Nutrient outflow lower
No
removal of
nutrients downstream
water quality
than inflow
dissolved
substances
Accumulation of
Retention of nutrients.
Maintenance of
Increase in depth of peat
No
peat
Metals, other
water quality
substances
Accumulation of
Retention of
Maintenance of
Increase in depth of
No
inorganic
sediments, some
water quality
sediment
sediments
nutrients
Habitat and Food Web Support
Maintenance of
Food, nesting, cover
Support for
Mature wetland vegetation
No
characteristic plant
for animals
furbearers, waterfowl
communities
Maintenance of
Support for
Mainenance of
High diversity of
No
characteristic
populations of
biodiversity
vertebrates.
energy flow
vertebrates
For projects conducted in the Coastal Zone maintaining the functional capacity of wetlands means
maintaining the same level and number of species, biological productivity and maintain the same
relative size and number of habitats. [19] the Coastal commission defines "marginal wetlands" as
resources that may be less important because of their location (eg. small isolated areas) reduced
species diversity, or reduced habitat complexity. A marginal wetland may or may not qualify as a
"degraded wetland" (as per Coastal Act Section 30411). However even degraded or marginal
wetlands may be of special significance if they do provide important function and values such as
providing unique or rare habitat for threatened or endangered species.
However, as reflected in Table 7 (above) the surveyed area does not presently provide any indicia of
either hydrologic, biogeochemical or habitat and food web support typically associated with wetlands.
Furthermore, the surveyed are does not provide unique wetland resources upon which federal/state
listed species may depend. As such the site does not presently provide even the limited functional
capacity associated with a marginal or degraded wetland.
Because no wetlands are present (even in a degraded state), proposed activities in the surveyed area
should not result in loss of wetland functional capacity in the Lower Newport Bay.
[19]Califomia Coastal Commission (06/15/1994): Procedural Guidance for the review of Wetland Projects in
California's Coastal Zone; Appendix A: Statewide Interpretive Guidelines for Wetlands and Other Wet
Environmental Sensitive Habitat. At Section VI (page 25)
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n:\Clienl\Oo64CYyofNewpod Bewb006400??_Memo rack 1D_(Drwl p$1709) doc
Source: Google Earth Pro, NOAA Tides and Currents Datum (2009), MBA GIS (2009).
90 as 0 90 Exhibit 8
Feet Jurisdictional Determinations
• 08/200918_JD.inxd
CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
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LJ
Transact 3 Distance
Elevation
Elevation
From Reference
(meters)
(feet)
Point 3 (feet)
Highest Observed Water Level (01128/1983)
2.337
7.67
40.3
High Tide Line (HTL)
2,195
7.20
52.1
Field Observed High Water Mark
1.817
5.96
68.0
Mean Higher High Water (MHHW)
1.649
5.41
73,7
Mean High Water (MHW)
1.424
4.67
78.8
Mean Tide Level (MITI-)
0.852
2.80
92.2
Mean Sea Level (MSL)
0.845
2.77
92.4
Mean Low Water (MLW)
0.279
0.915
105.1
North American Vertical Datum-1988 (NAVD)
0.055
0.180
110.1
Mean Lower Low Water(MLLW)
0.000
O.D00
111.7
Lowest Observed Water Level 10112011988)
.0.717
-2.35
125.9
Vertical Elevation
(In Feet)
�1 �I
le
R
7.67 ee
7'
1 rILI
l
�c
7.20 Feet
6'
5.96 Feet
5'
5.41 Feet
4.67 Feet
4'
3'
2.80 Feet
--
2.77 Feet
2'
p
0.915 Feet
-
High Tide
9
Highest Observed
0.180 Fee
�\
Line (HTL)
Water Level
0'
0.000 Feet
(01/28/1983)
1,
nh
rH,
Water
-y
-2.35
Feet
(MHHW) i
-3'
Mean Tide
Level (MTL)
- - -
Mean High Field Observed
Mean Lower Low Mean Low
Water (MHW) High Water Mark
Water (MLUN) Water (MLW)
Mean Sea
1
Level (MSL)
I
Lowest Observed
North American
I
Water Level
Vertical
(0112011988)
Datum-1988
1
I
1
(NAVD)
I
I
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CCC Area of Periodic Inundation
I
Extent of USACE Jurisdiction
Distance From
Reference Point 3
(In Feet)
130
120' 110, 100,
90,
BO' 70' 60'
50,
40' 30,
20'
10, 0'
m
co
N
06
ooume. iw D,vuio Lcvua).
ININNN X^ Exhibit 9
Dada z Not To Scale Michael Cross Section (Transect 3)
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00640022 •0812009 1 9_Cross_Section.ai CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
Exhibit 10
❑❑NA Photographic Cross Section
Michael B=dmm Associates
00640022 •07/2009 110_Photo_Ref.mxd CITY OF NEWPORT BEACH • MARINA PARK PROJECT
DELINEATION OF JURISDICTIONAL WATERS AND WETLANDS
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands References
S�CTilO'N 5: REFERENCES
California Coastal Commission (CCC), 1994 (June 15). Procedural Guidance for the Review of
Wetland Projects in California's Coastal Zone
California, State of. 1989. Fish And Game Code.
Coastal Resources Management, Inc. 2009 (Revision February 25); Marine Biological Impact
Assessment, Marina Park Project, Newport Beach, CA.
Department of Army. 1986 (Nov 13). 33 CFR Parts 320 Through 330, Regulatory Programs of the
Corps of Engineers; Final Rule. Federal Register. 51(219): 41206-260.
Department of Army. 1993 (Aug 25). 33 CFR Parts 320 Through 330, Regulatory Programs of the
Corps of Engineers; Final Rule. Federal Register. Vol. 58 : 45036.
Department of Army. 1999 (Mar 9). 33 CFR Parts 320 Through 330, Regulatory Programs of the
Corps of Engineers; Final Rule. Federal Register. Vol. 65 No. 47: 12818-899.
Department of Army. 2002 (Jan 15). 33 CFR Parts 320 Through 330, Regulatory Programs of the
Corps of Engineers; Final Rule. Federal Register. Vol. 67 No. 10: 2020-2095.
Department of Army -South Pacific Division 2001 (June). Guidelines for Jurisdictional Delineations
for Waters of the United States In the Arid Southwest.
ESRI. ArcView. Version 9.1
Federal Interagency Committee For Wetland Delineation. 1989. Federal Manual For Identifying and
Delineating Jurisdictional Wetlands. United States Army Corps of Engineers, United States.
Environmental Protection Agency, United States Fish and Wildlife Services, and USDA Soil
Conservation Service. Washington, D.C. Cooperative Technical Publication.
Kollmorgen Corporation. 1975. Munsell Soil Color Charts. Macbeth Division of Kollmorgen
Corporation, Baltimore, Md.
Michael Brandman Associates (MBA), 2008 (November 18); Terrestrial Biological Resources
Assessment, Marina Park Project, Newport Beach, Orange County, CA.
United States Army Corps of Engineers (USACE), December 2006: Interim Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Arid West Region (Arid West
Supplement).
United States Army Corps of Engineers (USACE), May 30, 2007: Jurisdictional Determination Form
Instructional Guidebook (JD Form Guidebook, Rapanos Guidance).
United States Army Corps of Engineers (USACE), August 2008. Field Guide to the Identification of
the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United
States (Delineation Manual). ERDC/CRREL TR-08-12.
United States Department of Agriculture (USDA), Soil Conservation Service. 1998. Field Office
Michael Brandman Associates 35
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City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands References
Official List of Hydric Soil Map Units for Orange County, California.
United States Department of Agriculture (USDA), Soil Conservation Service. 1987. Hydric Soils of
the United States. In cooperation with the National Technical Committee for Hydric Soils.
U.S.D.A. Soil Conservation Service. Washington, D.C.
United States Department of Agriculture (USDA), Soil Conservation Service. 1980. Soil Survey of
Orange County, California.
United States Fish And Wildlife Service (USFWS). 1988 (May). National List of Plant Species that
Occur in Wetlands: California (Region 0). Biological Report 88(26.10). Washington, D.C.:
USFWS.
United States Fish and Wildlife Service (USFWS). National Wetlands Inventory.
http://wetiands.fws.gov
United States Geological Survey (USGS). 1980. Newport Beach, California. 7.5-minute
topographic map.
United States Geological Survey (USGS), Hydrologic Unit Maps, U.S. Geological Survey Water -
Supply Paper 2294 (1994), by Paul R. Seaber, F. Paul Kapinos, and George L Knapp.
Michael Brandman Associates 36
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Appendix A:
Regulatory Compliance
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Delineation of Jurisdictional Waters and Wetlands Append&A
REGULATORY COMPLIANCE
Regulatory permitting for dredge and fill activities involves a compliance framework requiring
interaction with federal, state and local agencies, often involving a diverse number of statutes and
regulations.
FEDERAL STATUTES AND REGULATIONS - USACE
Clean Water Act Section 404
Pursuant to Section 404 of the Clean Water Act, the USACE regulates the discharge of dredged or fill
material into waters of the U.S. Regulated activities include but are not limited to, grading, placing of
riprap for erosion control, pouring concrete, laying sod, and stockpiling excavated material. In
general, any activity, which proposes to cant' out an activity, which will temporarily or permanently
affect areas delineated as waters of the US, including wetlands, typically requires prior authorization
from the USACE, pursuant to Section 404 of the Clean Water Act (CWA). Successful applications
will put forth projects with a valid purpose, which generally comply with the avoidance, minimization
and mitigation ("no net loss") goals of the USACE.
Nationwide Permits v. Individual Permits
Nationwide permits (NWPs) are a type of general permit issued by the Chief of Engineers and are
designed to expedite the regulatory process for those types of projects/activities expected to have
minimal impacts on jurisdictional areas.
The nationwide permitting program is reauthorized every five years. The current NWP program
became effective on March 19, 2007 and includes 49 different nationwide permit categories including
"Linear Transportation Projects" (NWP 14), "Residential Developments" (NWP 29), "Commercial
and Institutional Developments" (NWP 39) and "StormwaterManagement Facilities" (NWP 43)
among others. Each NWP establishes thresholds, which trigger the need for submitting a pre -
construction notification (PCN) to the Corps and which set upper limits to accepted impacts based on
the total acreage and/or linear feet of impacts, which result from project. Exceeding these limits will
require processing an Individual Permit (IP), which may involve a significantly longer processing
time.
Federal Jurisdiction over Waters and Wetlands
The USACE will assertjurisdiction over waters that are presently used, or have been used in the past,
or may be susceptible for use to transport interstate or foreign commerce. The definition of "Waters
of the U.S.," are set forth in the Code of Federal Regulations (CFR) 328.3. The term "waters of the
United States" means:
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Delineation of Jurisdictional Waters and Wetlands AppendIxA
(1) All waters which are currently used, or were used in the past, or may be susceptible to use
in interstate or foreign commerce, including all waters, which are subject to the ebb and
flow of the tide,
(2) All interstate waters including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or
natural ponds, the use, degradation or destruction of which could affect interstate or foreign
commerce including any such waters:
(i) Which are or could be used by interstate or foreign travelers for recreational or
other purposes;
(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; and
(iii) Which are used or could be used for industrial purpose by industries in interstate
commerce.
(4) All impoundments of waters otherwise defined as waters of the United States under the
definition;
(5) Tributaries of waters identified in paragraphs (a) (1)-(4) of this section;
(6) The territorial seas;
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) (1)-(6) of this section. (Waste treatment systems, including treatment ponds
or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined
in 40 CFR 123.11(m) which also meet the criteria of this definition) are not waters of the
United States), and
(8) Waters of the United States do not include prior converted cropland. Notwithstanding the
determination of an area's status as prior converted cropland by any other federal agency,
for the purposes of the Clean Water Act, the final authority regarding Clean Water Act
jurisdiction remains with the EPA.
Subsequent to the U.S. Supreme Court decision in Rapanos, et al v. United States (2006) the
Environmental Protection Agency (EPA) and the USACE (the agencies) issued a joint memorandum
(Clean Water Act Jurisdiction Following Rapanos v. United States, (June 5, 2007)), which integrates
the Rapanos standards with the process presented in 33 CFR 328.3(a).
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Delineation of Jurisdictional Waters and Wetlands AppendbrA
Pursuant to the memorandum, federal jurisdiction will be asserted over the following categories of
water bodies:
• (TNWs): TNW, including territorial seas;
• Wetlands adjacent to TNWs;
• (RPW S): Non- navigable tributaries of TNWs with relatively permanent water flow that are
flow directly or indirectly to TNWs. "Relatively permanent' means water flowing for at least
three months of the year. (Usually, perennial streams and some intermittent streams); and
• Wetlands directly abutting RPWs that flow directly or indirectly into TNWs.
In addition, the agencies will assertjurisdiction over the following categories of water bodies only if,
based on fact -specific analysis, the water body is determined to have a significant nexus with a TNW:
• (Non-RPWs): Non -navigable tributaries that do not have relatively permanent water flow that
flow directly or indirectly into TNWs (Usually ephemeral and some intermittent streams);
• Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs; and
• Wetlands adjacent to, but not directly abutting RPWs that flow directly or indirectly into
TNWs.
"A significant nexus exists if the tributary, in combination with all of its adjacent wetlands has more
than a speculative or an insubstantial effect on the chemical, physical, and/or biological integrity of a
TNW "
The agencies will not assert jurisdiction over the following geomorphic features:
• "Swales or erosional features (e.g., gullies small washes characterized by low volume,
infrequent or short duration flows)," and
• "Ditches (including roadsides ditches) excavated wholly in and draining only uplands that do
not carry relatively permanent water flows."
The agencies now require that all determinations for non -navigable waters, isolated -waters and/or
wetlands be evaluated by the USACE and EPA before making a final jurisdictional determination.
In the absence of wetlands the lateral extent of federal jurisdiction over non -tidal waters of the U.S. is
defined by the ordinary high water mark (OHWM). The OHWM is defined in 33 CFR 328.3, as "that
line on the shore established by the fluctuations of water and indicated by physical characteristics
such as a clear, natural line impressed on the bank shelving, changes in the character ofsoil,
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Delineation of Jurisdictional Waters and Wetlands AppendixA
destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that
consider the characteristics of the surrounding areas."
In June 2001, the USACE South Pacific Division issued Guidelinesfor Jurisdictional Delineations
for Waters of the United States in the Arid Southivest. The purpose of this document was to aid
delineators in assessing the physical characteristics of dry land drainage systems in the Arid West.
With respect to jurisdictional determinations, the factors for determining waters of the U.S include
evaluating the flow regime geomorphic feature, and general indicators of flow. These methods are
consistent with the criteria set forth in 328.3(a) and 328.3(e), but are also subject to guidance set forth
in the Rapanos guidance, including "significant nexus determinations," as appropriate.
Subject to Rapanos limitations, Federal Jurisdiction will extend to "adjacent" wetlands. "Adjacent"
means "bordering contiguous or neighboring." According to the USACE Wetlands Delineation
Manual, Technical Report, (1987) three criteria must be satisfied to classify an area as a jurisdictional
wetland:
1. A predominance of plant life that is adapted to life in wet conditions (hydrophytic
vegetation);
2. Soils that saturate, flood, or pond long enough during the growing season to develop
anaerobic conditions in the upper part (hydric soils); and
3. Permanent or periodic inundation or soils saturation, at least seasonally (wetland hydrology).
The USACE has established regional guidance to address specific regional variations in wetlands
determinations. These regional guidance documents supplement the 1987 manual. The Interim
Regional Supplement for the Arid West was published in December 2006. Similarly Draft guidance
for Western Mountains, Valleys and Coast Regions" was published in April, 2007. In performing its
delineations, MBA applies these supplemental guidance as appropriate.
Resulting from the 2001 US Supreme Court in Solid Waste Agency of North Cook County v. USACE
(SWANCC) case, federal jurisdiction will not reach wholly intra-state wetlands, which are not
"adjacent" to a jurisdictional stream course. Similarly, as previously established, the Rapanos
decision may further limit jurisdiction, on a case -specific basis, where a significant nexus
determination is required.
Primary General Conditions (GC) of 404 Permits
GC # 4: Compliance with the Migratory Bird Treaty Act
The MBTA protects all common wild birds found in the US except the house sparrow, starling, feral
pigeon, and resident game birds such as pheasant, grouse, quail, and wild turkey. Resident game
birds are managed separately by each state. The MBTA makes it unlawful for anyone to kill, capture,
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Delineation of Jurisdictional Waters and Wetlands AppendixA
collect, possess, buy, sell, trade, ship, import, or export any migratory bird including feathers, parts,
'
nests, or eggs.
The primary responsibility for complying with the Migratory Bird Treaty Act (MBTA) is that of the
'
project proponent (permittee) and is independent of Department of the Army permitting processes
(404). It should be noted, however, that the nationwide permitting program (General Condition 4)
'
does require that breeding areas for migratory birds in waters of the United States must be avoided to
the maximum extent practicable.
' GC # 17: Compliance with Federal Endangered Species Act
' In administering the Section 404 permitting program, the USACE is required to abide by Section 7(a)
(2) of the Federal Endangered Species Act (ESA), which requires federal agencies to consult with the
United States Fish and Wildlife Service (USFWS) "to ensure that they are not undertaking, funding,
' permitting, or authorizing actions likely to jeopardize the continued existence of listed species or
destroy or adversely modify designated critical habitat." As a result, the presence of federally listed
species must be determined prior to submittal of the Section 404 application. In the nationwide
' permitting program compliance with the ESA is set forth in general condition (GC 17)
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The USFWS administers the Federal Endangered Species Act. The ESA provides a process for
listing species as either threatened or endangered, and methods of protecting listed species. The ESA
defines as "endangered" any plant or animal species that is in danger of extinction throughout all or a
significant portion of its known geographic range. A "threatened" species is a species that is likely to
become endangered. A "proposed" species is one that has been officially proposed by the USFWS
for addition to the federal threatened and endangered species list.
Section 9 of the ESA prohibits "take" of threatened or endangered species. The term "take" means to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such
conduct. Take can include disturbance to habitats used by a threatened or endangered species during
any portion of its life history. The presence of any federally threatened or endangered species in a
project area generally imposes severe constraints on development, particularly if development would
result in take of the species or its habitat. Under the regulations of the ESA, the USFWS may
authorize take when it is incidental to, but not the purpose of, an otherwise lawful act.
GC # 18: Compliance with National Historic Preservation Act
In processing a Section 404 permit, the USACE is required to comply with section 106 of the
National Historic Preservation Act (NHPA). Section 106 consultation is triggered when historic or
archaeological sites are potentially affected by the proposed project. In the nationwide permitting
program compliance with the NHPA is set forth in general condition (GC 18). The USACE will
initiate section 106 consultation with the appropriate state agency (SHPO in California) with federal
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Delineation of Jurisdictional Waters and Wetlands AppendlxA
oversite (ACHP). The process usually requires one month from the date the USACE triggers
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consultation with the state agency.
GC # 21: Compliance with Section 401 of the Clean Water Act
'
In connection with notification to the USACE under Section 404 of the Clean Water Act (CWA),
pursuant to 33 CFR Part 330, a written request for Section 401 water quality certification must be
'
submitted to the RWQCB to ensure that no degradation of water quality will result from the proposed
project. Subject to CWA section 401(a)(1), the Army Corps of Engineers cannot issue a section 404
'
dredge/fill permit until such time as a CWA section 401 Water Quality Certification (WQC) has been
the
approved by the applicable RWQCB. In the nationwide permitting program compliance with
Section 401 is set forth in general condition (GC 21).
'
In order to meet the requirements of the RWQCB for issuance of a 401-water quality certification, the
project proponent must provide assurances that the project will not adversely affect the water quality
'
of receiving water bodies. A written request for 401 water quality certification must be prepared and
submitted to the RWQCB for review. The request will include a detailed project description, a
'
description of proposed impacts, identification and discussion of beneficial uses of affected receiving
waters (as described within the appropriate Basin Plan), a water quality plan identifying project -
specific Best Management practices (BMPs), discussion of other approvals and certifications being
'
obtained, a conceptual restoration plan, and a completed notification form.
CEQA Compliance: Pursuant to Title 23, Section 3856(f) of the California Code of Regulations
(CCR), the Regional Water Quality Control Board (RWQCB) may not issue a Clean Water Act
(Section 401) Water Quality Certification (WQC) for a project before being provided with (and
'
having had ample time to review) a copy of the final CEQA documentation prepared for the project.
be forthcoming 90-120
Upon formal request for certification, water quality certification should within
days of completion of the CEQA process.
'
Fee Structure: Subject to California Code of Regulations (CCR), Title 23, §3833, a section 401
application must be accompanied by an initial deposit of not less than $500.00. If the initial deposit
'
does not cover the agency's application review costs, the RWQCB may require an additional (one-
time) amount using the calculus set forth in section 2200(e), Title 23, of the California Code of
tRegulations.
GC # 22: Compliance with the Coastal Zone Management Act
'
In administering the Section 404 permitting program, the USACE is required to abide by Section
307(c)(1) of the Coastal Zone Management Act (CZMA). This requirement is set forth in General
'
Condition No. 22 of the NWP (2007) program and detailed in 33 CFR 330.4(d). This condition
to the
requires the USACE to provide a consistency determination and receive state agreement prior
authorization of activities affecting land, water, or natural resources within the coastal zone.
'
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The California "Coastal zone" means that land and water area within the State extending seaward to
' the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally
1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and
recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from
the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally
extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the
' San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2
(commencing with Section 66600) of the Government Code, nor any area contiguous thereto,
' including any river, stream, tributary, creek, or flood control or drainage channel flowing into such
area.
I
STATE STATUES AND REGULATIONS — RWQC13
The State of California has concurrent jurisdiction with the Federal government over §401 Water
Quality Certification over jurisdictional waters and wetlands of the United States. Where isolated
waters and wetlands (not subject to federal jurisdiction) are involved, the State will exert independent
jurisdiction via the Porter Cologne Water Quality Act.
Porter -Cologne Water Quality Act
Section 13260(a) of the California Water Code ("Water Code", or "Porter Cologne") requires that any
person discharging waste or proposing to discharge waste within any region, other than to a
community sewer system, which could affect the quality of the waters of the State, file a report of
waste discharge (ROWD). The discharge of dredged or fill material may constitute a discharge of
waste that could affect the quality of waters of the State (Defined in Water Code § 13050(e)).
'
Typically, the State of California relies upon its authority under section 401 of the Federal Clean
Water Act (CWA (33 U.S.C. §1341) to regulate discharges of dredged or fill material to California
waters that are also within the jurisdiction of the United States Army Corps of Engineers (USACE).
'
Given the water quality certification (WQC) process employed under section 401, waste discharge
requirements under Porter Cologne are typically waived for those projects requiring a water quality
certification. In 2001 the U.S. Supreme decision in Sold Waste Agency of Northern Cook County v.
'
U.S. Arnly Corps of Engineers , 531 U.S. 159 (2001) ("SWANCC") invalidated the Army Corp's use
of the "Migratory Bird Rule" to establish federal jurisdiction over isolated waters. Since 2001, the
'
State of California has reasserted its authority under state law to assertjurisdiction over isolated
waters for water quality purposes by requiring a ROWD.
' Regulation of Isolated Waters
Dredging, filling, or excavation of "isolated" waters constitutes a discharge of waste to waters of the
' State, and prospective dischargers are required to submit a report of waste discharge to the RWQCB
and comply with other requirements of the State Porter Cologne Water Quality Act (Water Code).
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Scone of Regulation: With respect to isolated waters, discharges and/or dredging of wetlands, active
' channels or beds of waterbodies are regulated. Discharges to riparian or areas in proximity to a
waterbody are regulated when such activity will directly or indirectly result a change to water quality.
' Such changes may include discharge of stormwater pollutants and runoff; change in the nature of
vegetation that could affect water quality (e.g., affecting pollutant removal, stream shading or bank
stability); or change to the hydrological or geomorphic characteristics of the waterbody.
' Application of Regulation: Whenever the USACE issues a jurisdictional disclaimer (concurs with a
finding of no federal jurisdiction), the respective RWQCB is notified of the disclaimer. Typically, the
' RWQCB will issue a letter notifying the project proponent that a ROWD must be filed. A ROWD
must be submitted in one of two forms, depending on the anticipated impacts.
(1) General Waste Discharge Requirement (GWDR): The GWDR program is substantively set
'
forth in SWRCB Water Quality Order No. 2004-0004-DWQ. GWDRs are generally prescribed for a
category of discharges (either temporary or permanent) involving earth, rock, or similar solid
'
materials if the discharge will not be greater than 0.2 acres and 400 linear feet (for fill or excavation)
or 50 cubic yards (for dredging). The type of projects that may be covered under these General
WDRs include land development, detention basins, disposal of dredged material, bank stabilization,
'
revetment, channelization, and other similar projects. GWDRs do not apply to discharges that
adversely impact, either directly or through habitat modification, any plants or animals identified as
candidate, sensitive, or special status species in local or regional plans, or by the CDFG (including
'
NCCPs), or USFWS (including HCPs). Similarly, GWDRs do not apply to discharges impacting
significant historical, archaeological or paleontological resources.
' Requirements: The GWDR typically requires submittal of the following items: (1) A Notice of
Intent (NOI), (2) Any CEQA documents that have been prepared for the project, (3) A fee pursuant to
' Title 23, section 2200 of the CCR, (4) A Mitigation Plan demonstrating that the discharger will
sequentially avoid, minimize, and compensate for the adverse impacts to the affected water bodies,
and beneficial uses (as set forth in the applicable Basin Plan), and (5) Any other relevant information
' requested by the SWRCB or RWQCB. A copy of the application must be submitted to both the
applicable RWQCB and to the SWANC-ROWD, Water Quality Certification Unit in Sacramento.
' Timing: Pursuant to the requirements of the California Permit Streamlining Act, RWQCB has
30 days to deem the application complete. Upon receipt of a complete submittal, the RWQCB has
45 days in which to issue a Notice of Applicability (NOA) (authorizing the activity) or a Notice of
' Exclusion (NOE) (denying authorization. The discharge activity is operationally authorized if no
NOE is issued within the 45-day evaluation period, provided that the proposed activity is not a
1
prohibited activity.
(2) Individual Waste Discharge Requirements (IWDR): Projects not qualifying for the GWDRs
will need to satisfy individual waste discharge requirements, typically requiring submittal of 401
Water Quality Certification forms and supporting documentation as set forth by the respective
RWQCB. Such submittals are subject to fees as set forth in California Code of Regulations Title 23
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Section 2200(a)(2). Pursuant to the Water Code the project proponent is required to file with the
' appropriate Regional Water Quality Control Board (RWQCB) a Report of Waste Discharge
describing the proposed discharge at least 140 days before it occurs (Water Code §§ 13260, 13264).
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Delineation of Jurisdictional Waters and Wetlands AppendixA
STATE STATUTES AND REGULATIONS - CDFG
Code
Section 160OM602 of the California Fish and Game
In the public interest of protection and conservation of fish and wildlife resources of the state (§ 1600),
'
Fish and Game Code Section 1602 requires any person, state or local governmental agency, or public
utility to notify the CDFG before beginning any activity that will do one or more of the following:
'
(1) substantially obstruct or divert the natural flow of a river, stream, or lake; (2) substantially change
or use any material from the bed, channel, or bank of a river, stream, or lake; or (3) deposit or dispose
of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass
'
into a river, stream, or lake. CDFG's jurisdiction includes ephemeral, intermittent, and perennial
watercourses, including dry washes, characterized by:
'
1 The presence of hydrophytic vegetation.
2. The location of definable bed and banks.
t3.
The presence of existing fish or wildlife resources.
'
Furthermore, CDFG jurisdiction is often extended to habitats adjacent to watercourses, such as oak
woodlands in canyon bottoms or willow woodlands that function as part of the riparian system.
'
Historic court cases have further extended CDFG jurisdiction to include watercourses that seemingly
disappear, but re-emerge elsewhere. Under the CDFG definition, a watercourse need not exhibit
evidence of an OHWM to be claimed as jurisdictional. However, CDFG does not regulate isolated
wetlands; that is, those that are not associated with a river, stream, or lake.
CDFG Regulated Activities
'
The CDFG regulates activities that involve diversions, obstruction, or changes to the natural flow or
bed, channel, or bank of any river, stream, or lake that supports fish or wildlife resources. When a
project requires such activities, a Section 1602 Streambed Alteration Notification will be prepared
'
and submitted to the CDFG for review. The request will include a detailed project description, a
description of proposed impacts, a conceptual mitigation plan, and completed notification forms.
'
Typically, CDFG will be able to complete the agreement within 60-90 days of the completion of the
CEQA process.
'
CEOA Compliance: It should be noted that CDFG must also comply with the California
Environmental Quality Act (CEQA) (Pub. Resources Code, §21000, et seq.) before it may issue a
final Lake or Streambed Alteration Agreement. Issuance of a final Lake or Streambed Alteration
'
Agreement occurs after the Department receives a draft Lake or Streambed Alteration Agreement
from the applicant and the Department signs it. In many instances, the Department will receive a
signed draft Lake or Streambed Alteration Agreement from an applicant before the lead agency has
'
fully complied with CEQA. In those instances, the Department must wait for the lead agency to fully
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comply with CEQA before it may sign the draft Lake or Streambed Alteration Agreement, thereby
making it final.
Fee Structure: Pursuant to California Code of Regulations (CCR), Title 14 §699.3, CDFG assesses a
fee to cover the cost of reviewing § 1602 applications. The fee calculus is based on the sum cost of the
proposed activities within the streambed or riparian community.
Sensitive Plant and Wildlife Species
Sensitive species are native species that have been accorded special legal or management protection
because of concern for their continued existence. There are several categories of protection at both
federal and state levels, depending on the magnitude of threat to continued existence and existing
knowledge of population levels.
California Endangered Species Act
The CDFG administers the California Endangered Species Act (CESA). The State of California
considers an "endangered" species one whose prospects of survival and reproduction are in
immediate jeopardy. A "threatened" species is one present in such small numbers throughout its
range that it is likely to become an endangered species in the near future in the absence of special
protection or management. A "raze" species is one present in such small numbers throughout its
portion of its known geographic range that it may become endangered if its present environment
worsens. The rare species designation applies to California native plants. State threatened and
endangered species are fully protected against take, as defined above. The term "species of special
concern" is an informal designation used by CDFG for some declining wildlife species that are not
state candidates for listing. This designation does not provide legal protection under CESA, but
signifies that these species are recognized as sensitive by CDFG.
California Native Plant Society
The CNPS is a California resource conservation organization that has developed and inventory of
California's sensitive plant species (Tibor 2001). This inventory summarizes information on the
distribution, rarity, and endangerment of California's vascular plants. The inventory is divided into
four lists based on the rarity of the species. In addition, the CNPS provides an inventory of plant
communities that are considered sensitive by the state and federal resource agencies, academic
institutions, and various conservation groups. Determination of the level of sensitivity is based on the
number and size of remaining occurrences as well as recognized threats.
Section 3503 and 3511 of the California Fish and Game Code
The CDFG administers the California Fish and Game Code. Code 3503 makes it illegal to destroy
any birds' nest or any birds' eggs that are protected under the META. Code 3503.5 further protects
all birds in the orders Falconiformes and Strigiformes (birds of prey, such as hawks and owls) and
their eggs and nests from any form of take. Section 3511 of the Code lists fully protected bird
species, where the CDFG is unable to authorize the issuance of permits or licenses to take these
species.
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Jurisdictional Wetlands and Significant Nexus
Determination
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'
CRITERIA FOR WETLAND DETERMINATIONS
USACE
'
As defined in 33 CFR part 328.3(a)(7) and as established by current case law, the USACE will
currently assert jurisdiction over wetlands adjacent to waters of the U.S., except for those wetlands
'
adjacent to other wetlands.
The term "wetlands" means those areas that are inundated or saturated by surface or groundwater at a
'
frequency and duration sufficient to support, and under normal circumstances do support, a
prevalence or vegetation typically adapted for life in saturated soil conditions. Wetlands generally
'
include swamps, marshes , bogs, and similar areas (33 CFR part 328.3(b)).
Typically, the term "adjacent' means bordering, contiguous, or neighboring. Wetlands separated from
'
other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like
are also adjacent (33 CFR part 328.3(c)). Similarly, the wetland must be adjacent to either a navigable
in -fact water way or tributary thereof. Where "adjacency" cannot be established, the wetlands will be
'
determined to be an "isolated" non jurisdictional feature unless an independent nexus to interstate or
foreign commerce can be established as per 33 CFR part 328.3(a)(3). (Also see SWANCC v. US,
'
2001).
Based on the standards established in Rapanos v. U.S., the USACE will not assert jurisdiction over
'
wetlands where: (1) the wetlands are adjacent to non -navigable tributaries that lack relatively
permanent flows, or (2) wetlands are adjacent to but not abutting non -navigable tributaries with
relatively permanent water, unless in both cases the relevant portion (reach) of the drainage, together
'
with all of its wetlands, have a significant nexus to a TNW.
According to the USACE Wetlands Delineation Manual, Technical Report (1987), three criteria must
'
be satisfied to classify an area as a jurisdictional wetland:
1. Hvdrophytic Vegetation: A predominance of plant life that is adapted to life in wet
'
conditions (hydrophytic vegetation);
2. Hvdric Soils: Soils that saturate, flood, or pond long enough during the growing season to
'
develop anaerobic conditions in the upper part (hydric soils), and
3. Wetland Hydrology: Permanent or periodic inundation or soils saturation, at least seasonally
' (wetland hydrology).
The USACE has established regional guidance to address specific regional variations in wetlands
' determinations. These regional guidance documents supplement the 1987 manual The Interim
Regional Supplement for the Arid West, that was published in December 2006. Similarly, Draft
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guidance for Western Mountains, Valleys and Coast Regions" was published in April, 2007. In
'
performing its delineations, MBA applies these supplemental guidance as appropriate.
As established in both the USACE 87 Manual and the "Arid West" regional guidance, the following
'
criteria apply.
Hydrophytic Vegetation
'
Hydrophytic vegetation is defined as plant life growing in water, soil, or substrate that is at least
periodically deficient in oxygen because of excessive water content. The USFWS has published the
'
National List of Vascular Plant Species That Occur in Wetlands, (1996 National Summary, hereafter
NLVPS) divided into 5 based on their "wetland indicator status:"
and plants groups
'
1. Obligate wetland plants (OBL) that occur almost always in wetlands under natural
conditions;
'
2. Facultative wetland plants (FACW) that usually occur in wetlands but occasionally are
found in upland areas;
' 3. Facultative plants (FAC) that are equally likely to occur in wetlands as well as upland;
4. Facultative upland plants (FACU) that usually occur in upland areas but occasionally
' are found in wetlands; and
5. Upland plants (UPL) that occur almost always in upland areas under natural conditions.
' Plus (+) and minus (-) values, used in identifying indicator status in the NLVPS are not applied when
' evaluating plants in the and west region. In the and west, an area is deemed to have hydrophytic
vegetation when either it: (1) passes the dominance test; (2) has a prevalence index:53;
(3) morphological adaptations are present; or (4) the area is a "problem area." (See, Interim Regional
' Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, December
2006.)
'
Dominance Test. An area has hydrophytic vegetation when, under normal circumstances, more than
50 percent of the composition of dominant plant species (using the 50/20 rule) from all strata are
obligate wetland (OBL), facultative wetland (FACW) and/or facultative species (FAC). If the plant
'
community passes the dominance test, then the vegetation is hydrophytic and no further vegetation
analysis is required. If the plant community fails the dominance test, and indicators of hydric soil
'
and/or wetland are absent then hydrophytic vegetation is absent unless the site meets requirements for
a problematic wetland situation.
' Prevalence Test: hi areas failing the dominance test yet having indicators of hydric soil and wetland
hydrology, the vegetation must be re-evaluated using the "prevalence index" (PI). The prevalence
' index takes into account all plant species in the community, not just a few dominants. The index is a
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weighted -average wetland indicator status of all plant species in the sampling plot, where each
indicator status category is a given a numeric code (OBL =1, FACW =2, FAC = 3, FACU = 4, and
UPL = 5) and weighting is by abundance (percent cover). The sum of the weighted indicator values
are then divided by the sum of the percent cover values for each indicator type. Where the PI value is
<_3, the area is considered positive for hydrophytic vegetation. Generally, the index is a more
comprehensive analysis of the hydrophytic status of the community than one based on just a few
dominant species. The index is particularly useful: (1) in communities only one or two dominants;
(2) in highly diverse communities where many species may be present at roughly equal coverage; and
(3) when strata differ greatly in total plant cover. The prevalence index is used on sites where
indicators of hydric soil and wetland hydrology are present but the vegetation initially fails the
dominance test.
Morphological Adaptations: In areas failing both the dominance test and prevalence test, yet having
indicators of hydric soil and wetland hydrology, hydrophytic vegetation will still be deemed present
when the morphological adaptations are present. In the and west the most common morphological
adaptations are adventitious roots and shallow root systems developed on or near the soil surface on
FACU species. If more than 50 percent of the FACU species have morphological adaptations, then
these species are classified as FAC species and the dominance test and/or prevalence index are
recalculated. The vegetation is hydrophytic if either test is positive.
Hydric Soils
Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the upper part. "Long enough" generally means
1 week during the growing season and soils that are saturated for this period usually support
hydrophytic vegetation. The criteria for establishing the presence of hydric soils vary among
different types of soils and between normal circumstances, disturbed areas, and problem areas. Due
to their wetness during the growing season, hydric soils usually develop certain morphological
properties that can be readily observed in the field. Prolonged anaerobic soil conditions typically
lower the soil redox potential, causing a chemical reduction of some soil components, mainly iron
oxides and manganese oxides. This reduction is typically reflected by the presence of iron or
manganese concretions, gleying or mottling. Other field indicators of hydric soils include the
presence of sulfidic material, an aquic or peraquic moisture regime, or a spodic horizon. (All organic
soils, with the exception of Folists, are classified as hydric soils.)
Wetland Hydrology
'
Wetland hydrology is permanent or periodic inundation, or soil saturation for a significant period
during the growing season. Numerous factors influence the wetness of an area, including
precipitation, stratigraphy, topography, soil permeability, and plant cover. At certain times of the
year in most wetlands, and in certain types of wetlands at most times, wetland hydrology is quite
evident, since surface water or saturated soils may be observed. Yet, in many instances, especially
'
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along the uppermost boundary of wetlands, hydrology is not readily apparent. Despite this limitation,
' hydrologic indicators can be useful for confirming that a site with hydrophytic vegetation and hydric
soils still exhibits wetland hydrology. While hydrologic indicators are sometimes diagnostic of the
' presence of wetlands, they are generally either operationally impracticable (e.g. in the case of
recorded data) or technically inaccurate (e.g., in the case of some field indicators) for delineating
wetland boundaries.
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The following hydrologic indicators, while not necessarily indicative of hydrologic events during the
growing season or in wetlands alone, do provide evidence that inundation or soil saturation has
occurred at some time: visual observation of inundation, visual observation of soil saturation,
oxidized channels (rhizospheres) associated with living roots and rhizomes, water marks, drift lines,
waterborne sediment deposits, water -stained leaves, surface scoured areas, morphological plant
adaptations, and hydric soil characteristics.
Problem Areas and Atypical Situations
In the and west some wetlands may periodically lack indicators of hydrophytic vegetation, hydric
soils or wetland hydrology due to normal (natural) seasonal or annual variability. Similarly, indicators
in some areas may be affected by atypical situations brought about by recent human activities or
unusual natural events. The Arid West Regional Guidance sets forth a number of procedures to
identify and analyze problems areas. Examples of problem areas and atypical situations may include:
Problematic Vegetation:
• Temporal Shifts in Vegetation: plant communities in playas, venal pools, seepas and springs
change in response to seasonal climatic fluctuations. These changes may result from:
- Seasonal shifts in plant communities between normal wettdry season
- Drought Conditions lasting more than one growing season.
• Sparse and Patchy Vegetation: A seasonal pond must have at least 5 percent plant cover to be
considered vegetated. To be considered jurisdictional, unvegetated areas maybe considered as
other waters of the U.S. if they exhibit Ordinary High Water (OHW) indicators as set forth in
33 CFR 328.3
• Riparian Areas: Where there is high variability in wetland vegetation indicator status between
the different strata. (Usually the tree strata has wetter indicator status than other strata.)
• Areas Affected by Grazing:
• Managed Plant Communities: horticulture, tilling/disking.
• Areas Affected by Fires, Floods and Other Natural Disturbances:
• Vigor and Stress Response to Wetland Conditions: horticulture is either robust or impeded by
hydric soils, and/or wetland hydrology.
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Problematic Hydric Soils:
• Moderately to Very Strong Alkaline Soils: Redox concentrations and depletions are not always
evident in soils with pH of 7.9 or higher.
• Volcanic Ash: Soils of volcanic origin are high in silica content and low in redoximorphic
minerals such as iron, manganese, and sulfur.
• Vegetated Sand and Gravel Bars within Flood Plains: Flood plains may lack hydric soil
indicators because seasonal flooding deposits new layers of soil material or the deposited
material may lack redoximorphic minerals.
• Recently Developed Wetlands: may include mitigation sites, wetland management areas,
unintentionally produced wetlands (flood irrigation, leaking water pipes, etc).
• Seasonally Ponded Soils: depressional wetlands, usually with perched systems above a
restrictive soil layer (hardpan or clay) where the saturation depth or saline conditions prohibit
hydric soil indicators.
• Soils with Relict or Induced hydric Soil Indicators: in some areas redoximorphic features in
hydric soils were formed in the recent or distant past when conditions were substantially wetter
than at present. Hydric soil indicators may persist in low land areas which were historically
flooded (such as in California's Central Valley) even though the area has been drained for
agricultural purposes. Alternatively, hydric soils indicators in upland areas may have formed
historically from flood irrigation or like agricultural activities which no longer persist.
Problematic Wetland Hydrology:
• Site Visits During the Dry Season: Hydrophytic vegetation may be absent or diminished during
the dry -season (when evapo-transpiration exceeds precipitation). When possible the site should
be visited (or re -visited) during the normal wet season.
• Periods with Below Normal Rainfall: Rainfall in the 3-month period prior to the site visit
should be compared to historical averages from the National Water and Climate Center
(NRCS). Rainfall should be between the high and low 30 percent probability values.
• Drought Years: Areas subject to drought conditions particularly lasting several years may
affect wetland hydrology indicators. The Palmer Drought Severity Index (PDSI) (known
operationally as the Palmer Drought Index (PDI)) attempts to measure the duration and
intensity of the long-term drought -inducing circulation patterns. Long-term drought is
'
cumulative, so the intensity of drought during the current month is dependent on the current
weather patterns plus the cumulative patterns of previous months. Since weather patterns can
change almost literally overnight from a long-term drought pattern to a long-term wet pattern,
'
the PDSI (PDI) can respond fairly rapidly. PDSI values range between -6 and +6 with negative
values indicating dry periods and positive values indicating wet periods:
'
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- (-4 to -6) - Extreme Drought;
- (-3) -Severe Drought;
- (-2) - Moderate Drought; and
- (4) - Mild Drought.
• Years with Unusually Low Winter Snowpack: the hydrology of areas with water -sheds in
adjacent mountain regions may be affected by annual variability in the liquid equivalent of the
snow pack.
• Reference Sites: If indicators of hydric soil and hydrophytic vegetation are present on a site that
lacks wetland hydrology indicators, the site maybe considered to be. a wetland if the landscape
setting, topography, soils, and vegetation are substantially the same as those on nearby
reference areas.
• Hydrology Tools: A collection of methods can be used to determine whether wetland
hydrology is present on a potential wetland site that lacks indicators due to disturbances or
other reasons (particularly in agricultural areas).
• Long-term Hydrological Monitoring: Areas maybe monitored overlong periods of time.
CALIFORNIA DEPARTMENT OF FISH & GAME:
' The California Wildlife Protection Act as codified in the Fish & Game code defines "wetlands" as
"lands which may be covered periodically or permanently with shallow water and which include
' saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats,
fens, and vernal pools." (Fish & Game Code §2785(g))
SIGNIFICANT NEXUS DETERMINATION:
A significant nexus determination is required when the following water bodies are present:
(1) Non -navigable tributaries that do not have relatively permanent water flow that flow directly or
indirectly into TNWs (usually ephemeral and some intermittent streams); (2) Wetlands adjacent to
non-RPWs that flow directly or indirectly into TNWs; or (3) Wetlands adjacent to, but not directly
abuttine RPWs that flow directly or indirectly into TNWs.
The determination begins by first identifying the relative reach of the applicable tributary. With
respect to "significant nexus determinations," the "relevant reach" will include all tributary waters of
the same order. Typically this will include the tributary and all adjacent wetlands reaching down
stream from the project site to the confluence with the next tributary, and upstream to any a similar
confluence.
To have a significant nexus a tributary and its adjacent wetlands must have more than a speculative or
insubstantial effect on the chemical, physical and/or biological integrity of a TNW. A significant
nexus determination requires evaluation of hydrological and ecological factors, which may contribute
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to the maintenance of water quality, aquatic life, commerce, navigation, recreation, and public health
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in the TNW.
• Hydrological Factors:
'
- Volume, duration, and frequency of flow: including consideration of certain
characteristics of the tributary, including historic records of flow, flood predictions,
gauge data and personal observations (OHWM, Shelving, water staining, sediment
'
sorting and scouring);
- Proximity to the TNW: If a tributary is too far from the TNW it's remoteness is more
'
likely to make the impact on the TNW speculative;
- Contextual hydrological factors: including (1) size of the watershed, (2) average annual
'
rainfall, and (3) average annual snow pack, and
- The presence of tributary or wetland within the flood plain: It should be noted, however
that a significant nexus determination cannot be based solely on presence of the water
'
body within or outside the flood plain.
• Ecological Factors:
- The ability of the tributary and its adjacent wetlands (if any) to carry pollutants and
flood waters to TNW;
- The Ability of the tributary and its adjacent wetlands (if any) to provide aquatic habitat
'
that supports biota of a TNW;
- The ability of adjacent wetlands to trap and filter pollutants or store flood water, and
- The ability to maintain water quality.
COASTALZONE
'
Jurisdictional assessments in the California coastal zone must also evaluate potential wetland areas
using the criteria established in the California Coastal Act and set forth in the California Code of
'
Regulations.
The California "Coastal zone" means that land and water area within the State extending seaward to
the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally
1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and
recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from
the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally
extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the
San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2
(commencing with Section 66600) of the Government Code, nor any area contiguous thereto,
including any river, stream, tributary, creek, or flood control or drainage channel flowing into such
'
area.
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Delineation of Jurisdictional Waters and Wetlands Appendix B
The California Coast Act section 30121 defines the term `(wetland" as, "Lands within the coastal zone
which be covered periodically or permanently with shallow water and includes saltwater marshes,
freshwater marshes, open or closed brackish water marshes, swamps, mud flats, and fens. "
The Coastal Act is administered in the State by the California Coastal Commission (CCC). Coastal
Commission regulations (California Code of Regulations Title 14 (14CCR)) establish a "one
parameter definition" that only requires evidence of a single parameter to establish wetland
conditions:
"Wetland shall be defined as land where the water table is at, near, or above the land surface
long enough to promote the formation of hydric soils or to support the growth of hydrophytes,
and shall also include types of wetlands where vegetation is lacking and soil is poorly
developed or absent as a result offreguent drastic fluctuations ofsurface water levels, wave
action, waterflow, turbidity or high concentration ofsalts or other substances in the
substrate. Such wetlands can be recognized by the presence ofsurface water or saturated
substrate at some during each year and their location within, or adjacent to vegetated
wetland or deepwater habitats." (14 CCR 13577)
The Commission's one parameter definition is similar to the USFWS wetlands classification system,
which states that wetlands must have one or more of the following three attributes: (1) at least
periodically the land supports predominantly hydrophytes; (2) the substrate is predominantly
un-drained hydric soil; and (3) the substrate is non -soil and is saturated with water or covered by
shallow water at some time during the growing season of each year.
SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
JURISDICTION
Within the area of San Francisco Bay Conservation and Development Commission (BCDC) CCC
jurisdictional criteria does not apply, however USACE wetland determination criteria will apply.
It is also noted that the primary State law governing the BCDC, the McAteer-Petris Act, does not
define wetlands but does outline the BCDC's jurisdiction respective of wetlands.
"Managed wetlands consisting of all areas which have been diked offfrom the bay and have
been maintained during the three years immediately preceding the effective date of the
amendment of this section during the 1969 Regular Session of the Legislature as a duck
huntingpreserve, game refuge orfor agriculture." (Gov. Code §66610(b))
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Appendix C:
Glossary of Terms
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Delineation of Jurisdictional Waters and Wetlands Appendix C
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GLOSSARY OF TERMS
Term
Source
Page
Definition
Clean Water Act
NA
NA
Section 402 National Pollutant Discharge Elimination Program
(CWA) §402
(NPDES): This program established a permitting system to
regulate point source discharges of pollutants (other than
dredged or fill material) into waters of the United States.
Clean Water Act
NA
NA
Section 404 Dredged and Fill Material Permit Program: This
(CWA) §404
program established a permitting system to regulate discharges
of dredged or fill material into waters of the United States.
Compensatory
4
11196
The restoration, establishment (creation), enhancement, or
Mitigation
reservation of aquatic resources for the purpose of
compensating for unavoidable adverse impacts which remain
after all appropriate and practicable avoidance and minimization
has been achieved.
Currently
4
11196
Useable as is or with some maintenance, but not so degraded as
Serviceable
to essentially require reconstruction.
Discharge
4
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The term "discharge" means any discharge of dredged or fill
material and any activity that causes or results in such a
discharge.
Diurnal Tide
9
NA
The arithmetic mean of mean higher high water and mean lower
Level
low water.
Enhancement
4
11196
The manipulation of the physical, chemical, or biological
characteristics of an aquatic resource to heighten, intensify, or
improve a specific aquatic resource function(s). Enhancement
results in the gain of selected aquatic resource function(s), but
may also lead to a decline in other aquatic resource function(s).
Enhancement does not result in a gain in aquatic resource area.
Ephemeral
4
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An ephemeral stream has flowing water only during, and for a
Stream
short duration after, precipitation events in a typical year.
Ephemeral stream beds are located above the water table
year-round. Groundwater is not a source of water for the stream.
Runoff from rainfall is the primary source of water for stream
flow.
Establishment
4
11196
The manipulation of the physical, chemical, or biological
(Creation)
characteristics present to develop an aquatic resource that did
not previously exist at an upland site. Establishment results in a
gain in aquatic resource area.
Facultative
1
14
Plants with a similar likelihood (estimated probability of
Plants (FAQ
33 percent to 67 percent) of occurring in both wetlands and
non -wetlands.
Facultative
1
14
Plants that occur usually (estimated probability >67 percent to
Wetland Plants
99 percent) in wetlands, but also occur (estimated probability
(FA CW)
1 percent to 33 percent) in non -wetlands.
Facultative
1
14
Plants that occur sometimes (estimated probability 1 percent to
Upland Plants
<33 percent) in wetlands, but occur more often (estimated
(FACU)
probability>67 percent to 99 percent) in non -wetlands.
Great Diurnal
9
NA
The difference in height between mean higher high water and
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'
GLOSSARY OF TERMS
'
Term
'Source
Page
Definition
Range (GI)
mean lower low water.
'
Greenwich High
9
NA
The average interval (in hours) between the moon's transit over
Water Interval
the Greenwich meridian and the following high water at a
(HWI)
location.
'
Greenwich Low
9
NA
The average interval (in hours) between the moon's transit over
Waterinterval
the Greenwich meridian and the following low water at a
(LWV
location.
'
High tide line
7
NIA
The term "high tide line" means the line of intersection of the
(HTL)
land with the water's surface at the maximum height reached by
a rising tide. The high tide line may be determined, in the
absence of actual data, by a line of oil or scum along shore
'
objects, a more or less continuous deposit of fine shell or debris
on the foreshore or bean, other physical markings or
characteristics, vegetation lines, tidal gages, or other suitable
'
means that delineate the general height reached by a rising tide.
The line encompasses spring high tides and other high tides that
�--
occur with periodic frequency but does not include storm surges
in which there is a departure from the normal or predicted reach
'
of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense
storm.
'
Historic Property
4
11196
Any prehistoric or historic district, site (including
archaeological site), building, structure, or other object included
in, or eligible for inclusion in, the National Register of Historic
Places maintained by the Secretary of the Interior. This term
'
includes artifacts, records, and remains that are related to and
located within such properties. The term includes properties of
traditional religious and cultural importance to an Indian tribe or
'
Native Hawaiian organization which meet the National Register
criteria (36 CFR part 60).
Hydrological
8
1-3
As prescribed by the USGS, refers to the four levels of
Units
subdivisions, used for the collection and organization of
'
hydrological data. The hierarchy of hydrological units include:
(1) Regions (2) Subregions (3) Accounting Units, and
(4) Cataloging Units. The identifying codes associated with
these units are "hydrological unit codes."
Hydrological
8
3
The first level of USGS hydrological classification, which
Units —
divides the Nation into 21 Major geographic areas. These
'
"Regions"
geographic areas (hydrologic areas based on surface
topography) contain either the drainage area of a major river, or
the combined drainage areas of a series of rivers. Most of
'
California is located within region "18". Notable exceptions
include the Tahoe basin ("Great Basin Region 16") and the
Colorado River ("Lower Colorado Region 15' ). All smaller
hydrological units with the region begin with the region number
(18).
'
Hydrological
8
3
The second level of USGS hydrological classification, divides
Units —
the 21 regions into 222 subregions (nationally). A subregion
'
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GLOSSARY OF TERMS
Term
Source
iPage
Definition
"Subregions"
includes the area drained by a river system a reach of a river and
its tributaries in that reach, a closed basin(s), or a group of
streams forming a coastal drainage area. Within Region 18, the
state of California includes 10 sub -regions.
Hydrological
8
3
The third level of USGS hydrological classification, subdivides
Units —
many of the subregions in accounting units. These
"Accounting
352 hydrologic accounting units nest within, or are equivalent
Units"
to, the subregions. The accounting units are used by the
Geological Survey for designing and managing the National
Water Data Network. Within Region 18, the state of California
includes 16 Accounting Units.
Hydrological
8
3
The fourth level of USGS hydrological classification is the
Units —
cataloging unit, the smallest element in the bierarcy of
"Cataloging
hydrologic units. A cataloging unit is a geographic area
Units"
representing part of all of a surface drainage basin, a
combination of drainage basins, or a distinct hydrological
feature. There are 2,150 cataloging units in the United States.
Within Region 18, the state of California includes
135 cataloging units.
Independent
4
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A test to determine what constitutes a single and complete
utility
project in the Corps regulatory program. A project is
considered to have independent utility if it would be constructed
absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases
of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were
not built can be considered as separate single and complete
projects with independent utility.
Intermittent
4
11196
An intermittent stream has flowing water during certain times of
stream
the year, when groundwater provides water for stream flow.
During dry periods, intermittent streams may not have flowing
water. Runoff from rainfall is a supplemental source of water
for stream flow.
Loss of Waters of
4
11196
Waters of the United States that are permanently adversely
the United States
affected by filling, flooding, excavation, or drainage because of
the regulated activity. Permanent adverse effects include
permanent discharges of dredged or fill material that change an
aquatic area to dry land, increase the bottom elevation of a
water body, or change the use of a water body. The acreage of
loss of waters of the United States is a threshold measurement
of the impact to jurisdictional waters for determining whether a
project may qualify for an Nationwide Permit (NWP); it is not a
net threshold that is calculated after considering compensatory
mitigation that may be used to offset losses of aquatic functions
and services. The loss of stream bed includes the linear feet of
stream bed that is filled or excavated. Waters of the United
States temporarily filled, flooded, excavated, or drained, but
restored to pre -construction contours and elevations after
construction, are not included in the measurement of loss of
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GLOSSARY OF TERMS
Term
Source Page
I Definition
waters of the United States. Impacts resulting from activities
eligible for exemptions under Section 404(f) of the Clean Water
Act are not considered when calculating the loss of waters of
the United States.
Mean Diurnal
9
NA
The difference in height of the two low waters of each tidal day
High Water
for a mixed or semidiurnal tide.
Inequality (DLQ)
Mean Diurnal
9
NA
The difference in height of the two high waters of each tidal day
High Water
for a mixed or semidiurnal tide.
Inequality (DHQ)
Mean Lower Low
9
NA
The average of the lower low water height of each tidal day
Water (MLLIf)
observed over the National Tidal Datum Epoch. For stations
with shorter series, comparison of simultaneous observations
with a control tide station is made in order to derive the
equivalent datum of the National Tidal Datum Epoch.
Mean Low Water
9
NA
The average of all the low water heights observed over the
X 99
National Tidal Datum Epoch. For stations with shorter series,
comparison of simultaneous observations with a control tide
station is made in order to derive the equivalent datum of the
National Tidal Datum Epoch.
Mean Higher
9
NA
The average of the higher high water height of each tidal day
High Water
observed over the National Tidal Datum Epoch. For stations
(MHH99
with shorter series, comparison of simultaneous observations
with a control tide station is made in order to derive the
equivalent datum of the National Tidal Datum Epoch.
Mean High
9
NA
The average of all the high water heights observed over the
Water (MH61j
National Tidal Datum Epoch. For stations with shorter series,
comparison of simultaneous observations with a control tide
station is made in order to derive the equivalent datum of the
National Tidal Datum Epoch.
Mean Range of
9
NA
The difference in height between mean high water and mean
Tide (MN)
low water.
Mean Sea Level
9
NA
The arithmetic mean of hourly heights observed over the
(MSL)
National Tidal Datum Epoch. Shorter series are specified in the
name; e.g. monthly mean sea level and yearly mean sea level.
Mean Tide Level
9
NA
The arithmetic mean of mean high water and mean low water.
(MTL)
Non -tidal
4
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A non -tidal wetland is a wetland that is not subject to the ebb
wetland
and flow of tidal waters. The definition of a wetland can be
found at 33 CFR 328.3(b). Non -tidal wetlands contiguous to
tidal waters are located landward of the high tide line (i.e.,
spring high tide line).
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Delineation of Jurisdictional Waters and Wetlands Appendix
GLOSSARY OF TERMS
Term
'Source
Page
Definition,
National Tidal
9
NA
The specific 19-year period adopted by the National Ocean
Datum Epoch
Service as the official time segment over which tide
observations are taken and reduced to obtain mean values (e.g.,
mean lower low water, etc) for tidal datums. It is necessary for
standardization because of periodic and apparent secular trends
in sea level. The present NTDE is 1983 through 2001 and is
actively considered for revision every 20-25 years. Tidal datums
in certain regions with anomolous sea level changes (Alaska,
Gulf of Mexico) are calculated on a Modified 5-Year Epoch.
Obligate Wetland
1
14
Plants that occur almost always (estimated probability
Plants (OBL)
>99 percent) in wetlands under natural conditions, but which
may also occur rarely (estimated probability <1 percent) in
non -wetlands.
Obligate Upland
1
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Plants that occur rarely (estimated probability <1 percent) in
Plants (UPL)
wetlands, but occur almost always (estimated probability
>99 percent) in non -wetlands under natural conditions.
Open Water
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For purposes of the NWPs, an open water is any area that in a
year with normal patterns of precipitation has water flowing or
standing above ground to the extent that an ordinary high water
mark can be determined. Aquatic vegetation within the area of
standing or flowing water is either non -emergent, sparse, or
absent. Vegetated shallows are considered to be open waters.
Examples of "open waters" include rivers, streams, lakes, and
ponds.
Ordinary High
7
N/A
The term 'ordinary high water mark" means that line on the
Water Mark
shore established by the fluctuations of water and indicated by
physical characteristics such as clear, natural line impressed on
the bank, shelving, changes in the character of soil, destruction
of terrestrial vegetation, the presence of litter and debris, or
other appropriate means that consider the characteristics of the
surrounding areas.
OrdinaryHigh
4
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An ordinary high water mark is a line on the shore established
Water Mark
by the fluctuations of water and indicated by physical
characteristics, or by other appropriate means that consider the
characteristics of the surrounding areas (see 33 CFR 328.3(e)).
Perennial Stream
4
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A perennial stream has flowing water year-round during a
typical year. The water table is located above the stream bed for
most of the year. Groundwater is the primary source of water
for stream flow. Runoff from rainfall is a supplemental source
of water for stream flow.
Practicable
4
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Available and capable of being done after taking into
consideration cost, existing technology, and logistics in light of
overall project purposes.
Pre -construction
4
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A request submitted by the project proponent to the USACE for
notification
confirmation that a particular activity is authorized by a NWP.
The request may be a permit application, letter, or similar
document that includes information about the proposed work
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GLOSSARY OF TERMS
'
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Source
Page
Definition
and its anticipated environmental effects. Pre -construction
notification may be required by the terms and conditions of a
NWT, or by regional conditions. A pre -construction notification
may be voluntarily submitted in cases where pre -construction
notification is not required and the project proponent wants
'
confirmation that the activity is authorized by a NWP.
Preservation
4
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The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This
term includes activities commonly associated with the
protection and maintenance of aquatic resources through the
implementation of appropriate legal and physical mechanisms.
Preservation does not result in a gain of aquatic resource area or
'
functions.
Re-establishment
4
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The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning
natural/historic functions to a former aquatic resource.
Re-establishment results in rebuilding a former aquatic resource
and results in a gain in aquatic resource area.
'
Rehabilitation
4
11197
The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing
natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but
'
does not result in a gain in aquatic resource area.
Relatively
5,
5,69
In the context of CWA jurisdiction post-Rapm)os, a water body
Permanent Water
is "relatively permanent" if it flows year round or its flow is
(RPY1)
continuous at least "seasonally," (e.g., typically 3 months).
Wetlands adjacent to a `relatively permanent" tributary are also
jurisdictional if those wetlands directly abut such a tributary.
'
Relevant Reach
6
40
With respect to "significant nexus determinations," the
"relevant reach" will include all tributary waters of the same
order. Typically this will include the tributary and all adjacent
wetlands reaching down stream from the project site to the
confluence with the next tributary or upstream to a similar
confluence.
Restoration
4
11197
The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning
natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic
resource area, restoration is divided into two categories:
re-establishment and rehabilitation.
Riffle and pool
4
11197
Riffle and pool complexes are special aquatic sites under the
'
complex
CWA Section 404(b)(1) Guidelines. Riffle and pool complexes
sometimes characterize steep gradient sections of streams. Such
stream sections are recognizable by their hydraulic
characteristics. The rapid movement of water over a course
t
substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper
areas associated with riffles. Pools are characterized by a
'
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Delineation of Jurisdictional Waters and Wetlands Appendix C
GLOSSARY OF TERMS
'
Term
Source
Page
Defiriition
'
slower stream velocity, a streaming flow, a smooth surface, and
a finer substrate.
Riparian area
4
11197
Riparian areas are lands adjacent to streams, lakes, and
estuarine -marine shorelines. Riparian areas are transitional
'
between terrestrial and aquatic ecosystems, through which
surface and subsurface hydrology connects water bodies with
their adjacent uplands. Riparian areas provide a variety of
ecological functions and services and help improve or maintain
'
local water quality. (See general condition 20, in the NWP.)
River Miles
6
53
The flowing distance between the water bodies in question.
'
Typically not a straight line; rather, the measurement is based
on how far the water will travel from water body A to water
body B. For example, the water in a meandering tributary will
flow further than water flowing in a channelized tributary
provided the two water bodies are the same distance apart in the
'
landscape.
Shellfish seeding
4
11197
The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of
'
immature individual shellfish or individual shellfish attached to
shells or shell fragments (i.e., spat on shell). Suitable substrate
may consist of shellfish shells, shell fragments, or other
'
appropriate materials placed into waters for shellfish habitat.
Significant Nextis
5
40
In the context of CWA jurisdiction post-Rapanos, a water body
is considered to have a "significant nexus" with a traditional
navigable water if its flow characteristics and functions in
combination with the ecological and hydrological functions
performed by all wetlands adjacent to such a tributary, affect the
chemical, physical, and biological integrity of a downstream
'
traditional navigable water.
Single and
4
11197
The term "single and complete project' is defined at 33 CFR
complete project
330.2(i) as the total project proposed or accomplished by one
owner/developer or partnership or other association of
'
owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a
"single and complete project' is all crossings of a single water
'
of the United States (i.e., a single water body) at a specific
location. For linear projects crossing a single water body
several times at separate and distant locations, each crossing is
considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a
large, irregularly shaped wetland or lake, etc., are not separate
water bodies, and crossings of such features cannot be
'
considered separately.
Station Datum
9
NA
A fixed base elevation at a tide station to which all water level
measurements are referred. The datum is unique to each station
and is established at a lower elevation than the water is ever
'
expected to reach. It is referenced to the primary bench mark at
the station and is held constant regardless of changes to the
water level gauge or tide staff: The datum of tabulation is most
'
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GLOSSARY OF TERMS
'
Term
Sburce
Page
Definition
often at the zero of the first tide staff installed.
'
Stormwater
4
11197
Stormwater management is the mechanism for controlling
management
stormwater runoff for the purposes of reducing downstream
erosion, water quality degradation, and flooding and mitigating
'
the adverse effects of changes in land use on the aquatic
environment.
Stormwater
4
11197
Stormwater management facilities are those facilities, including
management
but not limited to, stormwater retention and detention ponds and
facilities
best management practices, which retain water for a period of
time to control runoff and/or improve the quality (i.e., by
'
reducing the concentration of nutrients, sediments, hazardous
substances and other pollutants) of stormwater runoff.
Stream bed
4
11197
The substrate of the stream channel between the ordinary high
water marks. The substrate may be bedrock or inorganic
'
particles that range in size from clay to boulders. Wetlands
contiguous to the streambed, but outside of the ordinary high
water marks, are not considered part of the streambed.
'
Stream
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11197
The manipulation of a stream's course, condition, capacity, or
clrannelization
location that causes more than minimal interruption of normal
stream processes. A channelized stream remains a water of the
United States.
'
NA
NA
A numbering streams as of a drainage basin
Stream Order
method of part
network. The smallest unbranched mapped tributary is called
first order, the stream receiving the tributary is called second
'
order, and so on.
Structure
4
11197
An object that is arranged in a definite pattern of organization.
Examples of structures include, without limitation, any pier,
boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater,
bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent mooring structure, power transmission line,
permanently moored floating vessel, piling, aid to navigation, or
'
any other manmade obstacle or obstruction.
Tidal waters
7
N/A
The term "tidal waters" means those waters that rise and fall in
'
a predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where
the rise and fall of the water surface can no longer be practically
measured in a predictable rhythm due to masking by hydrologic,
wind, or other effects.
Tidal wetland
7
N/A
A tidal wetland is a wetland (i.e., water of the United States)
that is inundated by tidal waters. The definitions of a wetland
and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR
'
328.3(1), respectively. Tidal waters rise and fall in a predictable
and measurable rhythm or cycle due to the gravitational pulls of
the moon and sun. Tidal waters end where the rise and fall of
the water surface can no longer be practically measured in a
'
predictable rhythm due to masking by other waters, wind, or
other effects. Tidal wetlands are located channel -ward of the
'
C-9
Michael Brandman Associates
IL1Chwt10064.City orNewpon Bwch00640%o_Wn Pak K_(D,aR061709) doc
' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Appendix
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GLOSSARY OF TERMS
Term
Source
Page
Definition
high ride line, which is defined at 33 CFR 328.3(d).
Traditional
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A "traditional navigable water" includes all the "navigable
Navigable
waters of the United States," defines in 33 CFR §329, and by
Waters (TNW)
numerous decisions of the Federal courts, plus all other waters
that are navigable -in -fact. Per 33 CFR §329: Navigable waters
of the United States are those waters that are subject to the ebb
and flow of the tide and/or are presently used, or have been used
in the past, or may be susceptible for use to transport interstate
or foreign commerce. A determination of navigability, once
made, applies laterally over the entire surface of the waterbody,
and is not extinguished by later actions or events which impede
or destroy navigable capacity. The USACE is currently drafting
new regulations defining TNWs.
Tributary
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A "tributary," as defined in the Rapanos guidance document,
means a natural, man -altered, or man-made water body that
carries directly or indirectly into a traditional navigable water.
For the purposes of determining significant nexus with a
traditional navigable water, a "tributary" is the entire reach of
the stream that is of the same order (i.e., from the point of
confluence, where two lower order streams meet to form the
tributary, downstream to the point such tributary enters a higher
order stream).
Upland Plants
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Plants that occur rarely (estimated probability <1 percent) in
(UPL)
wetlands, but occur almost always (estimated probability
>99 percent) in non -wetlands under natural conditions.
Vegetated
4
11197
Vegetated shallows are special aquatic sites under the CWA
shallows
Section 404(b)(1) Guidelines. They are areas that are
permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as sea grasses in marine and
estuarine systems and a variety of vascular rooted plants in
freshwater systems.
Waterbody
4
11197
For purposes of the NWPs, a waterbody is a jurisdictional water
of the United States that, during a year with normal patterns of
precipitation, has water flowing or standing above ground to the
extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any
wetland area (see 33 CFR 328.3(b)). If a jurisdictional wetland
is adjacent --meaning bordering, contiguous, or neighboring --to
a jurisdictional waterbody displaying an OHWM or other
indicators of jurisdiction, that waterbody and its adjacent
wetlands are considered together as a single aquatic unit (see
33 CFR 328.4(c)(2)). Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
Waters ofYhe
7
N/A
The term "waters of the United States" means:
United States
(1) All waters which are currently used, or were used in the
past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb
and flow of the tide,
(2) All interstate waters including interstate wetlands;
Michael Brandman A
MC11m1\0064COofN-Von
' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Appendix C
' GLOSSARY OF TERMS
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' Term Source Page Definition
(3) All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds, the use, degradation or destruction
of which could affect interstate or foreign commerce
including any such waters:
(i) Which are or could be used by interstate or foreign
travelers for recreational or other purposes; or
(ii) From which fish or shellfish are or could be taken and
sold in interstate or foreign commerce; or
(iu) Which are used or could be used for industrial purpose
by industries in interstate commerce;
(4) All impoundments of waters otherwise defined as waters of
the United States under the definition;
(5) Tributaries of waters identified in paragraphs (a)(1){4) of
this section;
(6) The territorial seas;
(7) Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in paragraphs (a)(1)-(6) of
this section, (Waste treatment systems, including treatment
ponds or lagoons designed to meet the requirements of
CWA [other than cooling ponds as defined in 40 CFR
123.11(m) which also meet the criteria of this definition]
are not waters of the United States.) and
(8) Waters of the United States do not include prior converted
cropland. Notwithstanding the determination of an area's
status as prior converted cropland by any other federal
agency, for the purposes of the CWA, the final authori
' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands Appendix C
GLOSSARY OF TERMS
Term I Source Page Definition
Paul Kapinos, and George L Knapp.
9. Center for Operational Oceanographic Products and Services.
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H1CIIcut10064.Cdy ofNewpun acwhOO6400I2 hfmiu Psic_m_(Dma_OB1709),doc
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Delineation of Jurisdictional Waters and Wetlands
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Michael Brandman Associates
HAC0mA0004-Cdy ofNewpod epch00640022—Mariam Puk_le_(Dmd_081709) dac
Appendix D:
Site Photographs
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(PHOTO 11 (Facing East: View of the project from the west property boundary and shows most of project site, which is
bound by a marina on the eastern boundary (At the approximate location of the furthest palm tree towards the left of the
photograph). The photo was taken at 05:59 am at lower low tide (-0.2 feet) at 05:59 am.
i,
` f''1i -
own_. a ub°
[PHOTO 21 (Facing West): View of the project site looking toward the western property boundary. A dock and marina is
located immediately west of the project site. The view is at lower low tide (-0.2 feet). A marbled godwit (limosa fedoa) is
present in the center foreground.
Source: Michael Brandman Associates, 2007
Michael Rraadmaa Associates
Appendix D: Site Photographs
City of Newport Beach — Marina Park Project
APPENDIX D - Sitel Photographs.doc
Jurisdictional Determination
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[PHOTO 31 (Facing North) Photo taken during lower low tide. A sign indicates the presence of a storm drain outlet.
Recreational craft are visible across the channel on Lido Island (to the left) and also moored within the channel (to the right).
rPHOTO 41 (Facing East) the Eastern property boundary is demarcated by a sea wall (center) which separates the beach
(project site) from an existing off -site marina. Also visible in the photograph are the tmnsect markers used to field verify tidal
datum. The markers are faintly visible in the foreground as which stakes with red numbered headers. Exhibit 10 was
generated by overlaying tidal datum on this photograph.
ININININ
DTV7
Michael Drandman Associates
Appendix D: Site Photographs
City of Newport Beach — Marina Park Project
APPENDIX D- Silel Photographs.doc Jurisdictional Determination
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(PHOTO 51 (Facing North) A Close view of the transact markers (Transect 3) which were used to confine tidal datum
from a fixed reference point. Recreational boats present are anchored/moored in the far ground.
(PHOTO 61 (Facing East): A concrete pilon located in the west section of the project site. Mobile homes are border the
beach to the right. A catamaran is also visible in the center far -right of the photograph.
Source: Michael Brandman Associates, 2007
NNNN
0a91]
Michael Brandmaa Associates
Appendix D: Site Photographs
City of Newport Beach — Marina Park Project
APPENDIXD- Sitel Photographs.doc Jurisdictional Determination
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[PHOTO 71. (Facing Southeast) Barnacle and clams attached to the concrete wall marking the eastern property
boundary. Invertebrates mostly occurred at or bellow the mean high water mark.
WHOTO 81. (Facing South) A small depression is located along the "stem property boundary. The soil profile within the
depression was consistent with other soil -pits examined on the project, revealing a consists sandy matrix with no hydric
soil indicators.
Da90
Michael Brandmsn Associates
APPENDIX D -Sitel Photographs.doc
Appendix D: Site Photographs
City of Newport Beach — Marina Park Project
Jurisdictional Determination
Il
' City of Newport Beach, Marina Park Project
Delineation of Jurisdictional Waters and Wetlands
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Appendix E:
Jurisdictional Determination Forms
Michael Brandman Associates
HACIiemWD69-Cny UNrnport Bmc6UD690022 Mad Lu Pk JD_(enR_081709) doc
11
' APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
' This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
' B. DISTRICT OFFICE, FILE NAME, AND NUMBER: _
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Property Adiacent to "Lower Newport Bay"
' • The project is located in the southwestern portion of the City of Newport Beach in Orange County, California (see Exhibits 1-3). The
project site encompasses approximately 10.45 acres and is located between Balboa Boulevard and Newport Bay and between 15th Street
on the east and 19th Street on the west. Major arterial access is provided along Balboa Boulevard with secondary access to the project
site along 15th Street,l8th Street, and 19th Street. Regional freeway access to the site is provided by the Costa Mesa Freeway (SR 55)
' and the San Joaquin Hills Transportation Corridor (SR 73).
• The portion of the property immediately adjacent to Lower Newport Bay is presently a public beach.
• Lower Newport Bay.is immediately is a nvaigable water with direct connectivtiy to the Pacific Ocean.
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State: CA County/parish/borough: Orange City: Newport Beach
Center coordinates of site (lat/long in degree decimal format): 33.608503°N and-117.9238430W.
Universal Transverse Mercator:
Name of nearest waterbody: Lower Newport Bay, Pacific Ocean
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Lower Newport Bay. Pacific Ocean
Name of watershed or Hydrologic Unit Code (HUQ: IRIC =Newport Bay Waershed (18070204) HSA=Newoort Bay (801 14)
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk)Determination. Date:
Field Determination. Date(s): _
SECTION IT: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "Are" "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
Waters subject to the ebb and flow of the fide.
Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
The project site includes portions of the Lower Newport Bay extending from 16th Street extending westward to 19th Street. The
onsite reach is located at thejunetion of the Rhine Channel, Lido Peninsula Channel, and Mid Channel in the southwestern
portion of bay. Existing Marinas are located immediately to the East and west of the project site. Similarly, boat moorings can be
observed in the mid -channel from the project site. Boat traffic is regularly seen in the waters extending outward from the project
site, and the beach is sometimes used as a launching point for small recreational water craft such as kayaks, canoes, and
catamaran. Furthermore, the Lower Newport Bay is directly connected to the Pacific Ocean, and regularly facilitates recreational
boating/sailing to other states and foreign waters such as the territorial waters of Mexico.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There "Are" `waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. (Required)
1. Waters of the U.S.
a Indicate presence of waters of U.S. in review area (check all that apply): r
TNWs, including territorial seas
+• Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Nan-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non.RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
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b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 1 378 linear feet width _ (ft) and/or 0.76 acres.
Wetlands: none acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (ifkmown): _ Feet.
2. Non -regulated waters/weflands (check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TOTNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HLAA and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2
and Section I MA.; otherwise, see Section HIM below.
1. TNW
Identify TNW:
Lower Newport Bay
Summarize rationale supporting determination:
See section B(a)
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
The adjacent sandy beach does not meet USACE criteria for wetlands because it lacks both the presence of hydric soils and
hydrophytes.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and It helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, sldp to Section I1110.2. If the aquatic resource Is a wetland directly abutting a tributary with perennial flow,
skip to Section M.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include In the record any available Information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding Is not required as a matter of law.
If the waterbody° Is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary In combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of Its adjacent wetlands is used whether the review area identified in the JD request Is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for
the tributary, SectionHLB.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite
and offsitc. The determination whether a significant nexus exists is determined in Section HLC below.
1. Characteristics of non-TNWs that flow directly or indirectly Into TNW
(i) General Area Conditions:
Watershed size (Acres):
Drainage area (Acres): _
Average annual rainfall (Inches): _
Average annual snowfall (Inches): _
3 Supporting documentation is presented in Section III F.
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West. 2
' (11) Physical Characteristics:
(a) Relationship with TNW:
' ❑ Tributary flows directly into TNW.
❑ Tributary flows through 1 tributaries before entering TNW.
Project waters are _ (or less) river miles from TNW ( ).
' Project waters are _ (or less) river miles from RPW ( ).
Project waters are _ (or less) aerial (straight) miles from TNW ( ).
Project waters are _ (or less) aerial (straight) miles from RPW ( ).
Project waters cross or serve as state boundaries. Explain:
' Identify flow route to TNW:
' Tributary stream order, ifknown: .
(b) General Tributary Characteristics (check all that aonivl:
' Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
' Tributary properties with respect to top of bank (estimate):
Average width: _feet
Average depth: _ feet
Average side slopes:
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. .
' ❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. _ Explain:
' Tributary geometry: _
Tributary gradient (approximate average slope): _
(c) Flow:
' Tributary provides for:
Estimate average number of flow events in review area/year:
Describe flow regime:
' Other information on duration and volume%
Surface flow is: _.
Characteristics:
' Subsurface flow: . Explain findings:
❑ Dye (or other) test performed:
' Tributary has (check all that apply):
❑ Bed and banks
❑ OHW816 (check all indicators that apply):
❑ clear, natural line impressed on the bank ❑ the presence of litter and debris
' ❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away ❑ scour
' ❑ sediment deposition ❑ multiple observed or predicted flow events
❑ water staining ❑ abrupt change in plant community
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
' °A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break is the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
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' ❑ other (list):
❑ Discontinuous OHWM.' Explain:
' If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (cheek all that apply):
E, High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
' ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list): _
I(ill) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
' Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
' ❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for.
❑ Federally Listed species. Explain findings:
' ❑ Fish/spawn areas. Explain findings: _
❑ Other environmentally -sensitive species. Explain findings: _
❑ Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: _ acres
Wetland type: _ Explain:
Wetland quality: _ Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TPIW:
Flow is: _ . Explain.
Surface flow is:
Characteristics:
Subsurface flow: _. Explain findings:
❑ Dye (or other) test performed:.
(c) Wetland AdjacencyDetermination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain: _
❑ Separated byberm/barrier. Explain:_
(d) Proximity (Relationship)
to TNW
Project wetlands are _
river miles from TNW.
Project waters are _
aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the floodplain.
(it) Chemical Characteristics:
' Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
'
Identify specific pollutants, if known:
(III) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
'
❑ Vegetation type/percent cover. Explain:
❑ Habitat for.
❑ Federally Listed species. Explain findings:
'
❑ Fish/spawn areas. Explain findings: _
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatictwildlife diversity. Explain findings: _
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3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately ( acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Description (of Wetland) Directly abuts? (YM Size (in acres)
Summarize overall biological, chemical and physical functions being performed: .
C. SIGNIFICANT NEXUS
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological Integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of Its adjacent
wetlands, bus more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and Its adjacent wetland or between a tributary and the TNWj. Similarly, the fact an adjacent wetland lies within or
outside of a floodplain Is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does die tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount ofpollutauts or floodwaters reaching a TNW? _
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? _
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrityof the TNW? _
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IH.D:
2. Significant nexus findings for non-RPW and Its adjacent wetlands, where the non-RPW flows directly or Indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section HI.D:
I
' 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
tD. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
' 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: — linear feet, width — (ft), Or, — acres.
Wetlands adjacent to TNWs: _ acres.
' 2. RM that flow directly or Indirectly Into TNWs.
Q Tributaries of TNWs where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that
tributary is perennial:
t] Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
' Tributary waters: _ linear feet, width— (ft).
Other non -wetland waters: _ acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or Indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
' TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
[{ Tributary waters: _ linear feet,width: — (ft).
' q Other non -wetland waters: —acres.
Identify type(s) of waters: .
Linear feet Size i
Description Tvoe width ft acres
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
' [ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
i.W Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: .
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
' abutting anRPW:.
Provide acreage estimates for jurisdictional wetlands in the review area: — acres.
' 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
' and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: — acres.
' 'See Footnote #3.
E
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
' Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: _ acres.
7. Impoundments of jurisdictional watere
As a general rule, the impoundment ofa jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
' E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):
' t which are or could be used by interstate or foreign travelers for recreational or other purposes.
.= from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain: _
" Other factors. Explain:_
Identify water body and summarize rationale supporting determination: .
' Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: _ linear feet, width _ (ft).
Other non -wetland waters: acres.
Identify type(s) of waters: _
tQ Wetlands: _ acres.
F. NON4UR[SDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
Ifpotential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based os I& on the
' "Migmtory Bird Rule" (NOR).
Waters do not meet the "Significant Nexus" standard, where such a fording is required for jurisdiction. Explain:
p Other. (explain, if not covered above):
' Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
S ' Non -wetland waters (i.e., rivers, streams): —linear feet— width (ft). Lakes/ponds: _ acres.
r. Other non -wetland waters: _ acres. List type of aquatic resource:
Wetlands: _ acres.
1
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): _ linear feet, width _ (ft).
Lakestponds: _ acres.
Other non -wetland waters: _ acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
0 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook
10 Prior to asserting or destining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described In the CorpsTPA Memorandum Regarding CWA Act Jurisdiction FollmvingRapanos.
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A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDANatuml Resources Conservation Service Soil Survey.
Citation: USDA NRCS m678 Soils (2008)
National wetlands inventory map(s). Cite name:_
State'Local wetland inventory map(s):
FEMA/FBtM maps:.
100-yearFloodplamElevation is•
Photographs: ® Aerial (Name 8
or ❑ Other (Name &
Previous determination(s). File i
Applicable/supporting case law:.
Applicabletsupporting scientific
Other information (please specif.
B. ADDITIONAL COMMENTS TO St
I
' City of Newport Beach, Marina Park Project
Dellneatlon ofJurlsdlctlonal Waters and Wetlands
1
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' MlchaelBrandmanAssoclates
H TIIcm1006461ty ofNnvpon Bcwh00640022_MarirR-Pa ID_(D=f 061709)&C
Appendix F:
Wetlands Data Sheets
F
'
WETLAND DETERMINATION DATA FORM - Arid West Region
Project Site: Marina Park
City/County: Newport Beach/Orange Sampling Date: 7/10/2009
'
Appllcanl/Owner: City of Newport Beach
State: CA Sampling Point: Transact 3
Investigator(s): Paul Mead
Section, Township, Range: Newport S33, T6S, R10W
Landform (hillslope, terrace,elc): Beasch / Hillslope (7.2%)
Local relief (concave, canvas, none): slope Slope (%) 7.2
'
Subregion (LRR): LRR C Let:
33.608503 N Long:-117.923843 W Datum:
Soil Map Unit Name: Sandy Beach
NWI Classification:
'
Are Climatic / hydrological conditions on the site typical this time of Year?
Yes: ❑ No: ❑ (If no, explain in Remarks.)
Are: Vegetation: ❑ Soil: ❑ or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 2 No ❑
(If needed, explain any answers in remarks)
Vegetation: ❑ Soil: ❑ or Hydrology ❑ naturally problematic?
'Are:
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
Hydrophytic Vegetation Present? Yes ❑ No ❑
'
❑ 21
Is the Sampled Area
Yes ❑ No El
Hydric Soil Present? Yes No
within a Wetland?
Hydrology Present? Yes 0 No ❑
'Wetland
Remarks:
Transact 3 Includes seven soil pit samples marking the following tidal datum collected at Lower low tide (-0.2' below MLLW) on 07/11/2009. (1) MLW (2) MTL (3)
MHW (4) MW WH, (5) Field Observed high watermark, (6) HTL, (7) HOWL. (See Exhibit 10). No wetlan
'
VEGETATION
Dominance Testworksheet:
Absolute %
Dominant Indicator
'
Tree Slmtum (Use scientific names) Cover
1.
Species? Status
Number of Dominant Species
That are OBL FACW, or FAC: (A)
2.
Total Number of Dominant
Species Across all Strata: (B)
4•
Percent of Dominant Species
Total Cover:
That are OBL, FACW, or FAC: (A/B)
Prevalence Index worksheet:
Sapling/Shrub Stratum
'
1
Total % Cover of: Multiply by
2
OBL species x 1 =
FACW species x 2 =
t3
4
FAC species x 3 =
5
FACU species x 4 =
Total Cover.
UPL species x 5 =
'
Herb Stratum
Column Totals: (A) (B)
1.
2
Prevalence Index = B/A =
3.
Hydrophytic Vegetation Indicators:
4
❑ Dominance Test is >50%
'S
❑ Prevalence index is 53.0'
6
❑ Morphological Adaptations' (Provide supporting
7.
in Remarks or on a separate sheet)
'data
8.
Total Cover:
❑ Problematic HydrophytlG Vegetation' (Explain)
Woody Vine Stratum
'Indicator if hydric sell and wetland hydrology must be
present.
'1
2.
Hydrophytic
Total Cover:
Vegetation
'
%Bare Ground in Herb Stratum: °k Cover of Biotic Crust:
Present? Yes ❑ No na
ffation was present on the surveyed area (Sandy Beach)
'
11-1-2000
US Any Corps of Engineers
Add West -Version
' SOIL Sampling Point: Transact 3
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
'
(Inches) Color (moist) %s Color (moist) %" Type Loc % Texture Remarks
0-18"+ NA NA Sand Sand
'
Type: C=Concentration, D=Depletion, RM=Reduced Matrix S Location: PL=Pore Lining, RC=Root Channel, M=Matdxc
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted) Indicators for Problematic Hydric Bolles:
'❑
Hlstosol (Al) ❑ Sandy Redox (S5) ❑ 1 cm Muck (A9) (LRR C)
❑ Hlstic Epipedon (A2) ❑ Stripped Matrix (S6) ❑ 2 cm Muck (A10) (LRR B)
❑ Black Hislic (A3) ❑ Loamy Mucky Mineral (F1) ❑ Reduced Vertic (F18)
Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Red Parent Material (TF2)
'❑
❑ Stratified Layers (A5) (LRR C) ❑ Depleted Matrix (F3) ❑ Other (Explain in Remarks)
❑ 1 cm Muck (A9) (LRR D) ❑ Redox Dark Surface (F6)
Depleted Below Dark Surface (Al1) ❑ Depleted Dark Surface (F7)
'❑
❑ Thick Dark Surface (Al2) ❑ Redox Depresssions (178)
❑ Sandy Mucky Mineral (S1) ❑ Vernal Pools (F9) sindicators of hydrophytic vegetation and
❑ Sandy Gleyed Matrix (84) wetland hydrology must be present.
'
Restrictive Layer (If present):
Type: Hydric Soil
❑ No ❑�
(Inches): Present? Yes
'Depth
Remark
Sand. No evidence of hydric Indicators
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (any one Indicator is sufficient) Secondary Indicators (2 or more is required)
'
Surface Water (Al) Aquatic Invertebrates (B11) Water Marks (131) (Riverine)
❑ High Water Table (A2) ❑ Crayfish Burows (B12) ❑ Sediment Deposits (B2) (Riverine)
❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drift Deposits (133) (Riverine)
❑ Water Marks (B1) (Nonriverine) ❑ Oxidized Rhizospheres on Living Roots (C2) ❑ Drainage Patterns (139)
❑ Sediment Deposits (132) (Nonriverine) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C3)
❑ Drift Deposits (B3) (Nonriverine) ❑ Recent Iron Reduction In Plowed Soil (C6) ❑ Salt Depostis (C5)
Surface Soil Cracks (136) ❑ Muck Surface (C7) ❑ Mud Casts (C9)
'❑
❑ inundation on Aerial Imagery (137) ❑ Saturation on Aerial Imagery (C8) ❑ FAC-Neutral Test (D7)
❑ Water -stained Leaves (BB) ❑ Shallow Aqultard (D4)
Biotic Crust (1310) Q Other (Explain In Remarks)
'❑
Field Observations:
Surface Water Present? Yes ❑ No Q Depth (inches):
'Water
Table Present? Yes ❑ No ❑ Depth (Inches): Wetland Hydrology
Saturation Present? Yes Q No ❑ Depth (Inches): 4-18" Present? Yes ❑� No ❑
(Includes capillary (doge)
Describe Recorded Data (stream qua -go monitorinp well aerial photos previous inspections) if available:
'
The evaluation was made using datum from NOAA
Remarks:
Seven soil pits were excavated along a transact marked with respect to establhsed tidal Datum.
'
'
US Any Corps of Engineers Add West- Version 11-1-2006
' City of Newport Beach, Marina Park Project
Delineation of Jurlsdlctlonal Waters and Wetlands
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Mlchael Brandman Assoclates
H•1ChcntWO64-CttyofNnvpo9 13wL00640022Mariw Puk_ID_(Drad_081909) doe
Appendix G:
Supporting Data
II
Tides for Newport Bay Entrance, Corona del Mar starting with July 1, 2009.
Day
High
Tide
Height
Sunrise
Moon
Time
% Moon
/Low
Time
Feet
Sunset
Visible
7/1
W
1
Low
12:29
AM
0.7
5:45
AM
Set
1:18
AM
64
1
High
6:37
AM
3.0
8:06
PM
Rise
3:29
PM
1
Low
11:04
AM
2.1
1
High
5:58
PM
5.5
7/2
Th
2
Low
1:28
AM
0.2
5:46
AM
Set
1:53
AM
74
2
High
7:59
AM
3.1
8:06
PM
Rise
4:29
PM
2
Low
12:02
PM
2.4
2
High
6:43
PM
5.6
7/3
F
3
Low
2:15
AM
-0.2
5:46
AM
Set
2:32
AM
82
3
High
8:57
AM
3.3
8:06
PM
Rise
5:27
PM
3
Low
12:54
PM
2.5
3
High
7:24
PM
5.7
7/4
Sa
4
Low
2:54
AM
-0.4
5:47
AM
Set
3:17
AM
89
4
High
9:39
AM
3.4
8:05
PM
Rise
6:22
PM
4
Low
1:40
PM
2.5
4
High
8:02
PM
5.8
7/5
Su
5
Low
3:29
AM
-0.6
5:47
AM
Set
4:06
AM
94
5
High
10:11
AM
3.5
8:05
PM
Rise
7:11
PM
5
Low
2:19
PM
2.5
5
High
8:37
PM
5.9
7/6
M
6
Low
4:01
AM
-0.6
5:48
AM
Set
5:00
AM
97
6
High
10:40
AM
3.6
8:05
PM
Rise
7:56
PM
6
Low
2:54
PM
2.5
6
High
9:11
PM
5.9
7/7
Tu
7
Low
4:31
AM
-0.6
5:48
AM
Set
5:56
AM
99
7
High
11:07
AM
3.7
8:05
PM
Rise
8:34
PM
7
Low
3:29
PM
2.4
7
High
9:43
PM
5.9
7/8
W
8
Low
5:00
AM
-0.6
5:49
AM
Set
6:54
AM
99
8
High
11:34
AM
3.7
8:05
PM
Rise
9:08
PM
8
Low
4:04
PM
2.4
8
High
10:15
PM
5.7
7/9
Th
9
Low
5:29
AM
-0.4
5:49
AM
Set
7:51
AM
97
9
High
12:03
PM
3.8
8:04
PM
Rise
9:38
PM
9
Low
4:41
PM
2.4
9
High
10:47
PM
5.5
7/10
(SURVEY DATE)
F
10
Low
5:57
AM
-0.2
5:50
AM
Set
8:48
AM
94
10
High
12:33
PM
3.9
8:04
PM
Rise
10:05
PM
10
Low
5:22
PM
2.4
10
High
11:20
PM
5.1a
7/11
Sa
11
Low
6:24
AM
0.1
5:50
AM
Set
9:44
AM
89
11
High
1:04
PM
4.0
8:04
PM
Rise
10:31
PM
1
11
11
7/12
Su 12
12
12
7/13
M 13
13
13
13
7/14
Tu 14
14
14
14
7/15
W 15
15
15
15
7/16
Th 16
16
16
7/17
F 17
17
17
17
7/18
Sa 18
18
18
18
7/19
Su 19
19
19
19
7/20
M 20
20
20
20
7/21
Tu 21
21
21
21
7/22
W 22
22
22
22
7/23
Th 23
23
Low 6:10 PM
High 11:56 PM
Low 6:52 AM
High 1:38 PM
Low 7:08 PM
High 12:38 AM
Low 7:20 AM
High 2:14 PM
Low 8:24 PM
High 1:36 AM
Low 7:50 AM
High 2:57 PM
Low 9:57 PM
High 3:11 AM
Low 8:28 AM
High 3:48 PM
Low 11:28 PM
High 5:28 AM
Low 9:23 AM
High 4:44 PM
Low 12:36 AM
High 7:14 AM
Low 10:40 AM
High 5:42 PM
Low 1:29 AM
High 8:14 AM
Low 11:58 AM
High 6:39 PM
Low 2:15 AM
High 8:56 AM
Low 1:04 PM
High 7:32 PM
Low 2:59 AM
High 9:34 AM
Low 2:01 PM
High 8:22 PM
Low 3:40 AM
High 10:11 AM
Low 2:55 PM
High 9:11 PM
Low 4:21 AM
High 10:49 AM
Low 3:47 PM
High 9:59 PM
Low 5:00 AM
High 11:27 AM
2.4
4.6
0.5 5:51 AM
4.2 8:03 PM
2.4
4.0 5:51 AM
0.9 8:03 PM
4.4
2.3
3.4 5:52 AM
1.4 8:03 PM
4.6
1.9
2.8 5:53 AM
1.9 8:02 PM
4.9
1.3
2.6 5:53 AM
2.3 8:02 PM
5.3
0.6 5:54 AM
2.8 8:01 PM
2.5
5.8
-0.2 5:54 AM
3.2 8:01 PM
2.5
6.3
-0.8 5:55 AM
3.5 8:00 PM
2.4
6.7
-1.3 5:56 AM
3.8 8:00 PM
2.2
7.1
-1.6 5:56 AM
4.1 7:59 PM
1.9
7.2
-1.6 5:57 AM
4.4 7:59 PM
1.6
7.0
-1.4 5:58 AM
4.7 7:58 PM
Set 10:40 AM
Rise 10:57 PM
Set 11:37 AM
Rise 11:25 PM
74
Set
12:37
PM 65
Rise
11:54
PM
Set
1:40
PM 55
Rise
12:28
AM 45
Set
2:46
PM
Rise 1:09 AM
Set 3:54 PM
Rise 1:58 AM
Set 5:03 PM
Rise 2:57 AM
Set 6:07 PM
Rise 4:05 AM
Set 7:05 PM
Rise 5:19 AM
Set 7:55 PM
Rise 6:35 AM
Set 8:37 PM
Rise 7:49 AM
Set 9:13 PM
34
24
14
7
2
0
0
%],
23
23
7/24
F 24
24
24
24
7/25
Sa 25
25
25
7/26
Su 26
26
26
26
7/27
M 27
27
27
27
7/28
Tu 28
28
28
28
7/29
W 29
29
29
7/30
Th 30
30
30
30
7/31
F 31
31
31
31
8/1
Sa 1
1
1
1
8/2
Su 2
2
2
2
8/3
M 3
3
3
3
8/4
Tu 4
4
Low 4:40 PM
High 10:47 PM
Low 5:39 AM
High 12:07 PM
Low 5:36 PM
High 11:37 PM
Low 6:17 AM
High 12:48 PM
Low 6:37 PM
High 12:29 AM
Low 6:54 AM
High 1:32 PM
Low 7:47 PM
High 1:30 AM
Low 7:32 AM
High 2:21 PM
Low 9:11 PM
High 2:52 AM
Low 8:13 AM
High 3:17 PM
Low 10:47 PM
High 4:58 AM
Low 9:04 AM
High 4:20 PM
Low 12:13 AM
High 7:10 AM
Low 10:24 AM
High 5:25 PM
Low 1:15 AM
High 8:19 AM
Low 11:51 AM
High 6:23 PM
Low 2:01 AM
High 8:56 AM
Low 12:54 PM
High 7:11 PM
Low 2:38 AM
High 9:23 AM
Low 1:39 PM
High 7:51 PM
Low 3:09 AM
High 9:45 AM
Low 2:16 PM
High 8:26 PM
Low 3:37 AM
High 10:05 AM
1.4
6.5
-1.0 5:58 AM
4.9 7:57 PM
1.4
5.8
-0.4 5:59 AM
5.0 7:57 PM
1.4
5.0
6:00
AM
0.3
7:56
PM
5.1
1.4
4.0
6:01
AM
1.1
7:55
PM
5.1
1.4
3.2 6:01 AM
1.8 7:55 PM
5.1
1.2
2.8
6:02
AM
2.4
7:54
PM
5.1
0.8
6:03
AM
3.0
7:53
PM
2.7
5.2
0.4
6:03
AM
3.3
7:52
PM
2.9
5.3
0.0
6:04
AM
3.5
7:51
PM
2.8
5.5
-0.2
6:05
AM
3.7
7:50
PM
2.6
5.7
-0.3
6:05
AM
3.8
7:50
PM
2.5
5.8
-0.4 6:06 AM
3.9 7:49 PM
Rise 9:00 AM
Set 9:46 PM
Rise 10:08 AM
Set 10:17 PM
Rise 11:14 AM
Set 10:47 PM
Rise 12:18 PM
Set 11:19 PM
Rise 1:21 PM
Set 11:53 PM
Rise 2:22 PM
Set 12:31 AM
Rise 3:21 PM
Set 1:14 AM
Rise 4:17 PM
Set 2:02 AM
Rise 5:09 PM
Set 2:55 AM
Rise 5:54 PM
Set 3:50 AM
Rise 6:35 PM
Set 4:47 AM
Rise 7:10 PM
4
11
1F
29
39
50
39
m
in
m.
91
95
3
4
4
8/5
W 5
5
5
5
8/6
Th 6
6
6
6
8/7
F 7
7
7
7
8/8
Sa 8
8
8
8
8/9
Su 9
9
9
9
8/10
M 10
10
10
8/11
Tu 11
11
11
11
8/12
W 12
12
12
12
8/13
Th 13
13
13
13
8/14
F 14
14
8/15
Sa 15
15
15
15
8/16
Su 16
16
Low
2:48
PM
High
8:59
PM
Low
4:02
AM
High
10:26
AM
Low
3:21
PM
High
9:29
PM
Low
4:26
AM
High
10:48
AM
Low
3:54
PM
High
10:00
PM
Low
4:50
AM
High
11:11
AM
Low
4:29
PM
High
10:31
PM
Low
5:13
AM
High
11:35
AM
Low
5:07
PM
High
11:04
PM
Low
5:36
AM
High
12:01
PM
Low
5:50
PM
High
11:40
PM
Low
5:58
AM
High
12:29
PM
Low
6:41
PM
High
12:23
AM
Low
6:21
AM
High
1:04
PM
Low
7:48
PM
High
1:24
AM
Low
6:45
AM
High
1:48
PM
Low
9:21
PM
High
3:18
AM
Low
7:13
AM
High
2:49
PM
Low
11:03
PM
High 4:07 PM
Low
12:20
AM
High
7:32
AM
Low
10:32
AM
High
5:23
PM
Low 1:14 AM
High 8:05 AM
2.3
5.9
-0.4
6:07
AM
4.1
7:48
PM
2.1
5.9
-0.3
6:08
AM
4.2
7:47
PM
1.9
5.7
-0.1
6:08
AM
4.4
7:46
PM
1.8
5.4
0.2
6:09
AM
4.5
7:45
PM
1.8
5.0
0.5
6: 10
AM
4.7
7 : 4 4
PM
1.7
4.5
1.0
6:10
AM
4.8
7:43
PM
1.7
3.8
6:11
AM
1.4
7:42
PM
4.9
1.7
3.2
6: 12
AM
1.9
7:41
PM
5.0
1.5
2.7
6:13
AM
2.4
7:40
PM
5.1
1.0
5.3
6:13
AM
7:39
PM
0.4
6:14
AM
3.1
7:38
PM
2.9
5.7
-0.2 6:15 AM
3.5 7:36 PM
Set 5:45 AM
Rise 7:41 PM
Set 6:42 AM
Rise 8:09 PM
Set 7:38 AM
Rise 8:36 PM
Set 8:35 AM
Rise 9:02 PM
Set 9:32 AM
Rise 9:29 PM
Set 10:31 AM
Rise 9:57 PM
Set 11:31 AM
Rise 10:29 PM
Set 12:35 PM
Rise 11:06 PM
Set 1:41 PM
Rise 11:50 PM
Set 2:47 PM
Rise 12:43 AM
Set 3:52 PM
Rise 1:44 AM
Set 4:51 PM
98
99
99
96
92
86
78
69
59
49
37
27
n
16
16
8/17
M 17
17
17
17
8/18
Tu 18
18
18
18
8/19
W 19
19
19
19
8/20
Th 20
20
20
20
8/21
F 21
21
21
21
8/22
Sa 22
22
22
22
8/23
Su 23
23
23
8/24
M 24
24
24
24
8/25
Tu 25
25
25
25
8/26
W 26
26
26
26
8/27
Th 27
27
27
27
8/28
F 28
28
Low 12:05 PM
High 6:28 PM
Low 1:59 AM
High 8:35 AM
Low 1:10 PM
High 7:24 PM
Low 2:39 AM
High 9:05 AM
Low 2:04 PM
High 8:15 PM
Low 3:16 AM
High 9:37 AM
Low 2:54 PM
High 9:02 PM
Low 3:52 AM
High 10:09 AM
Low 3:42 PM
High 9:49 PM
Low 4:27 AM
High 10:43 AM
Low 4:31 PM
High 10:35 PM
Low 5:01 AM
High 11:18 AM
Low 5:22 PM
High 11:22 PM
Low 5:33 AM
High 11:54 AM
Low 6:16 PM
High 12:14 AM
Low 6:05 AM
High 12:32 PM
Low 7:18 PM
High 1:15 AM
Low 6:36 AM
High 1:15 PM
Low 8:35 PM
High 2:47 AM
Low 7:05 AM
High 2:10 PM
Low 10:12 PM
High 5:42 AM
Low 7:46 AM
High 3:26 PM
Low 11:45 PM
High 7:37 AM
Low 10:13 AM
2.6
6.2
-0.7 6:15 AM
3.9 7:35 PM
2.3
6.6
-1.1
6:16 AM
4.3
7:34
PM
1.8
6.9
-1.2
6:17
AM
4.7
7:33
PM
1.3
6.9
-1.1
6:18
AM
5.1
7:32
PM
0.9
6.6
-0.7
6:18
AM
5.4
7:31
PM
0.7
6.0
-0.2
6:19
AM
5.5
7:29
PM
0.7
5.3
0.4
6:20
AM
5.6
7:28
PM
0.7
4.5
6:20
AM
1.2
7:27
PM
5.5
0.9
3.7
6:21
AM
1.9
7:26
PM
5.3
1.1
3.1
6:22
AM
2.5
7:24
PM
5.0
1.1
3.0
6:22
AM
2.9
7:23
PM
4.8
0.9
3.3
6:23
AM
3.2
7:22
PM
Rise 2:54 AM
Set 5:43 PM
Rise 4:08 AM
Set 6:27 PM
Rise 5:22 AM
Set 7:06 PM
Rise 6:35 AM
Set 7:41 PM
Rise 7:45 AM
Set 8:13 PM
Rise 8:53 AM
Set 8:45 PM
Rise 10:00 AM
Set 9:17 PM
Rise 11:06 AM
Set 9:51 PM
Rise 12:10 PM
Set 10:29 PM
Rise 1:12 PM
Set 11:11 PM
Rise 2:10 PM
Set 11:58 PM
Rise 3:04 PM
17
W
3
0
U
3
0
15
24
34
44
54
5
28
8/29
Sa 29
29
29
29
8/30
Su 30
30
30
30
8/31
M 31
31
31
31
9/1
Tu 1
1
1
1
9/2
W 2
2
2
2
9/3
Th 3
3
3
3
9/4
F 4
4
4
4
9/5
Sa 5
5
5
5
9/6
Su 6
6
6
6
9/7
M 7
7
7
7
9/8
Tu 8
8
8
9/9
W 9
9
High 4:54 PM
Low 12:49 AM
High 8:06 AM
Low 12:00 PM
High 6:04 PM
Low 1:33 AM
High 8:26 AM
Low 12:55 PM
High 6:55 PM
Low 2:07 AM
High 8:44 AM
Low 1:33 PM
High 7:35 PM
Low 2:34 AM
High 9:01 AM
Low 2:06 PM
High 8:09 PM
Low 2:59 AM
High 9:19 AM
Low 2:36 PM
High 8:41 PM
Low 3:22 AM
High 9:37 AM
Low 3:07 PM
High 9:12 PM
Low 3:43 AM
High 9:57 AM
Low 3:40 PM
High 9:44 PM
Low 4:05 AM
High 10:18 AM
Low 4:14 PM
High 10:17 PM
Low 4:27 AM
High 10:41 AM
Low 4:51 PM
High 10:53 PM
Low 4:48 AM
High 11:06 AM
Low 5:33 PM
High 11:34 PM
Low 5:10 AM
High 11:35 AM
Low 6:24 PM
High 12:26 AM
Low 5:31 AM
9,
0.6 6:24 AM
3.6 7:21 PM
3.1
5.0
0.3 6:24 AM
3.8 7:19 PM
2.8
5.2
0.1 6:25 AM
4.0 7:18 PM
2.5
5.4
0.0 6:26 AM
4.2 7:17 PM
2.2
5.6
0.0 6:26 AM
4.4 7:15 PM
1.8
5.7
0.1 6:27 AM
4.6 7:14 PM
1.5
5.6
0.2 6:28 AM
4.8 7:13 PM
1.3
5.4
0.4 6:29 AM
5.1 7:11 PM
1.1
5.1
0.7 6:29 AM
5.2 7:10 PM
0.9
4.7
1.1 6: 30 AM
5.4 7:09 PM
0.9
4.1
1.6 6:31 AM
5.4 7:07 PM
0.9
3.5 6:31 AM
2.0 7:06 PM
Set 12:49 AM
Rise 3:52 PM
Set 1:44 AM
Rise 4:34 PM
Set 2:40 AM
Rise 5:10 PM
Set 3:37 AM
Rise 5:43 PM
Set 4:35 AM
Rise 6:12 PM
Set 5:31 AM
Rise 6:40 PM
Set 6:28 AM
Rise 7:06 PM
Set 7:26 AM
Rise 7:33 PM
Set 8:24 AM
Rise 8:01 PM
Set 9:25 AM
Rise 8:32 PM
Set 10:28 AM
Rise 9:07 PM
Set 11:33 AM
Rise 9:48 PM
63
72
ME
m
93
97
m
m
W,
94
m
W
9
9
9/10
Th 10
10
10
10
9/11
F 11
11
9/12
Sa 12
12
9/13
Su 13
13
13
9/14
M 14
14
14
14
9/15
Tu 15
15
15
15
9/16
W 16
16
16
16
9/17
Th 17
17
17
17
9/18
F 18
18
18
18
9/19
Sa 19
19
19
19
9/20
Su 20
20
20
20
9/21
M 21
21
High 12:11 PM
Low 7:30 PM
High 1:44 AM
Low 5:53 AM
High 12:59 PM
Low 9:00 PM
High 2:10 PM
Low 10:40 PM
High 3:46 PM
Low 11:54 PM
High 7:10 AM
Low 10:59 AM
High 5:14 PM
Low 12:47 AM
High 7:35 AM
Low 12:17 PM
High 6:22 PM
Low 1:30 AM
High 8:02 AM
Low 1:14 PM
High 7:18 PM
Low 2:07 AM
High 8:31 AM
Low 2:03 PM
High 8:08 PM
Low 2:42 AM
High 9:00 AM
Low 2:49 PM
High 8:55 PM
Low 3:15 AM
High 9:30 AM
Low 3:34 PM
High 9:41 PM
Low 3:47 AM
High 10:01 AM
Low 4:19 PM
High 10:27 PM
Low
4:17
AM
High
10:32
AM
Low
5:05
PM
High
11:14
PM
Low 4:46 AM
High 11:04 AM
5.4
1.0
3.0
6:32
AM
2.5
7:05
PM
5.3
1.0
5.2
6:33
AM
0.7
7:03
PM
5.2
6:33
AM
0.3
7:02
PM
3.6
6:34
AM
3.0
7:00
PM
5.5
-0.2
6:35
AM
4.0
6:59
PM
2.5
5.9
-0.5
6:35
AM
4.5
6:58
PM
1.9
6.1
-0.6
6:36
AM
5.0
6:56
PM
1.2
6.2
-0.5
6:37
AM
5.4
6:55
PM
0.7
6.1
-0.2
6:37
AM
5.8
6:54
PM
0.2
5.8
0.2
6:38
AM
6.0
6:52
PM
0.0
5.3
0.8 6:39 AM
6.1 6:51 PM
0.0
4.7
1.4 6:39 AM
6.0 6:49 PM
Set 12:38 PM
Rise 10:37 PM
Set 1:42 PM
Rise 11:34 PM
Set 2:41 PM
Rise 12:39 AM
Set 3:34 PM
Rise 1:49 AM
Set 4:20 PM
Rise 3:01 AM
Set 5:00 PM
Rise 4:12 AM
Set 5:36 PM
Rise 5:22 AM
Set 6:09 PM
Rise 6:30 AM
Set 6:40 PM
Rise 7:38 AM
Set 7:13 PM
Rise 8:45 AM
Set 7:47 PM
Rise 9:51 AM
Set 8:24 PM
73
63
52
41
30
19
11
4
1
0
1
5
7
21
9/22
Tu 22
22
22
22
09/23
W 23
23
23
23
09/24
Th 24
24
24
24
09/25
F 25
25
09/26
Sa 26
26
26
09/27
Su 27
27
27
27
09/28
M 28
28
28
28
09/29
Tu 29
29
29
29
09/30
W 30
30
30
30
10/01
Th 1
1
1
1
10/02
F 2
2
2
2
10/03
Sa 3
3
Low 5:54 PM
High 12:06 AM
Low 5:14 AM
High 11:38 AM
Low 6:48 PM
High 1:11 AM
Low 5:39 AM
High 12:15 PM
Low 7:56 PM
High 2:55 AM
Low 5:59 AM
High 1:03 PM
Low 9:25 PM
High 2:20 PM
Low 10:57 PM
High 7:13 AM
Low 10:17 AM
High 4:08 PM
Low 12:02 AM
High 7:25 AM
Low 11:55 AM
High 5:30 PM
Low 12:47 AM
High 7:40 AM
Low 12:42 PM
High 6:25 PM
Low 1:20 AM
High 7:55 AM
Low 1:18 PM
High 7:08 PM
Low 1:47 AM
High 8:11 AM
Low 1:49 PM
High 7:45 PM
Low 2:11 AM
High 8:28 AM
Low 2:20 PM
High 8:20 PM
Low
2:33
AM
High
8:47
AM
Low
2:52
PM
High
8:55
PM
Low 2:56 AM
High 9:07 AM
0.2
4.0 6:40 AM
1.9 6:48 PM
5.7
0.5
3.5 6:41 AM
2.5 6:47 PM
5.3
0.8
3.1 6:41 AM
2.9 6:45 PM
4.9
1.0
4.5 6:42 AM
1.0 6:44 PM
3.6 6:43 AM
3.4 6:42 PM
4.4
0.8 6:43 AM
3.8 6:41 PM
3.1
4.5
0.6 6:44 AM
4.1 6:40 PM
2.6
4.8
0.5 6 : 4 5 AM
4.3 6:38 PM
2.3
5.0
0.5 6:46 AM
4.6 6:37 PM
1.8
5.1
0.5 6:46 AM
4.9 6:36 PM
1.3
5.1
0.6 6:47 AM
5.2 6:34 PM
0.9
5.0
0.8 6:48 AM
5.5 6:33 PM
Rise 10:56 AM
Set 9:05 PM
Rise 11:57 AM
Set 9:51 PM
Rise 12:54 PM
Set 10:41 PM
Rise 1:45 PM
Set 11:36 PM
Rise 2:30 PM
Set 12:32 AM
Rise 3:09 PM
Set 1:29 AM
Rise 3:43 PM
Set 2:25 AM
Rise 4:13 PM
Set 3:22 AM
Rise 4:41 PM
Set 4:19 AM
Rise 5:08 PM
Set 5:16 AM
Rise 5:35 PM
Set 6:14 AM
Rise 6:03 PM
11
19
W.
37
47
56
65
74
82
m
94
WI:
3
3
10/04
Su 4
4
4
4
10/05
M 5
5
5
5
10/06
Tu 6
6
6
6
10/07
W 7
7
7
10/08
Th 8
8
8
8
10/09
F 9
9
9
9
10/10
Sa 10
10
10
10
10/11
Su 11
11
11
11
10/12
M 12
12
12
10/13
Tu 13
13
13
13
Low 3:25 PM
High 9:31 PM
Low 3:18 AM
High 9:30 AM
Low 4:00 PM
High 10:10 PM
Low 3:42 AM
High 9:55 AM
Low 4:39 PM
High 10:52 PM
Low 4:06 AM
High 10:24 AM
Low 5:24 PM
High 11:42 PM
Low 4:31 AM
High 10:58 AM
Low 6:16 PM
High 12:46 AM
Low 4:59 AM
High 11:39 AM
Low 7:22 PM
High 2:25 AM
Low 5:32 AM
High 12:33 PM
Low 8:44 PM
High 4:46 AM
Low 6:45 AM
High 1:52 PM
Low 10:09 PM
High 5:52 AM
Low 9:28 AM
High 3:32 PM
Low 11:18 PM
High 6:26 AM
Low 11:15 AM
High 5:02 PM
Low 12:10 AM
High 6:55 AM
Low 12:22 PM
High 6:12 PM
0.5
4.8
1.1 6:48 AM
5.8 6:32 PM
0.3
4.6
1.4 6:49 AM
5.9 6:30 PM
0.1
4.2
1.8 6:50 AM
6.0 6:29 PM
0.1
3.8
2.1 6:51 AM
6.0 6:28 PM
0.1
3.4 6:51 AM
2.5 6:26 PM
5.8
0.3
3.1 6:52 AM
2.8 6:25 PM
5.5
0.4
3.3 6:53 AM
3.2 6:24 PM
5.2
0.3
3.7 6:54 AM
3.2 6:23 PM
5.0
0.2
4.1 6:54 AM
2.7 6:21 PM
5.1
0.0 6:55 AM
4.6 6:20 PM
2.1
5.2
Set 7:15 AM
Rise 6:34 PM
Set 8:18 AM
Rise 7:08 PM
Set 9:23 AM
Rise 7:48 PM
Set 10:30 AM
Rise 8:35 PM
Set 11:35 AM
Rise 9:30 PM
Set 12:36 PM
Rise 10:32 PM
m
97
92
m
76
Set
1:30
PM 66
Rise
11:39
PM
Set
2:17
PM 55
Rise
12:49
AM 44
Set
2:58
PM
Rise 1:58 AM
Set 3:34 PM
OF
0