GLENN LUKOS ASSOCIATES

Transcription

1 GLENN LUKOS ASSOCIATES Regulatory Services San Vicente Boulevard Suite 200 Los Angeles, California SUBJECT: Jurisdictional Delineation for Ponte Vista Project, City of Los Angeles, Los Angeles County, California Dear Mr. Carnachan: This letter report summarizes our preliminary findings of U.S. Army Corps of Engineers (Corps) and California Department of Fish and Game (CDFG) jurisdiction for the above-referenced property. The Ponte Vista Project Site in the City of Los Angeles, Los Angeles County [Exhibit 1], comprises approximately 61.5 acres and contains no blue-line drainages (as depicted on the U.S. Geological Survey (USGS) topographic map Torrance, California [dated 1964 and photorevised in 1981]) [Exhibit 2]. The Site is bounded by Western Avenue on the west, a U.S Naval Reservation on the north and east, and existing residential development on the south. On August 31, 2009 and January 20, 2011 regulatory specialists of Glenn Lukos Associates, Inc. (GLA) examined the project site to determine the limits of (1) Corps jurisdiction pursuant to Section 404 of the Clean Water Act, (2) RWQCB jurisdiction pursuant to Section 401 of the Clean Water Act, and (3) CDFG jurisdiction pursuant to Division 2, Chapter 6, Section 1600 of the Fish and Game Code. Enclosed is a 200-scale map [Exhibit 3] that depicts the areas of Corps, RWQCB, and CDFG jurisdiction. Photographs to document the topography, vegetative communities, and general widths of the waters on site as of August 31, 2009, are provided as Exhibit 4. A Corps Preliminary Jurisdictional Determination Form in accordance with the guidance outlined in Regulatory Guidance Letter is attached as Appendix B. Corps jurisdiction associated with the open channel at the southwest corner of the site totals approximately 0.25 acre of ephemeral drainage. From where it enters the site, the drainage extends for 913 feet to where it exits the site. No jurisdictional wetlands are associated with the channel. 29 Orchard Lake Forest California Telephone: (949) Facsimile: (949)

2 Page 2 RWQCB jurisdiction at the site totals approximately 0.25 acre and is coincident with Corps jurisdiction. CDFG Jurisdiction at the site totals 0.86 acre of which 0.37 acre consists of native riparian species associated with the bed, banks, and terraces of the open channel. I. METHODOLOGY The jurisdictional wetland determination included two phases: review of existing materials/information ( Background Review ) and field data collection for plants with a wetland indicator status, hydric soils and hydrology ( Field Procedures ). A. Soil Map Review Prior to beginning the field delineation a 200-scale aerial photograph and 100-scale base topographic map of the property and the Natural Resources Conservation Service (NRCS) soil map for the area 1 were evaluated to determine potential areas of wetlands as defined by the Corps. C. Delineation Field Procedures Suspected jurisdictional areas were field checked for the presence of wetland vegetation, hydric soils and wetland hydrology using the methodology set forth in the U.S. Army Corps of Engineers 1987 Wetland Delineation Manual 2 (Wetland Manual) and the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Arid West Supplement). 3. While in the field, locations where vegetation, soils, and hydrology data were collected were recorded onto a 100-scale base topographic map using visible landmarks or recorded using a hand-held GPS unit, and areas that exhibited potential wetland characteristics were also mapped using GPS. Site-specific data regarding vegetation, soils and hydrology were recorded onto wetland data sheets [Attached as Appendix A] Environmental Laboratory Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. 3 U.S. Army Corps of Engineers. September Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Supplement Version 2.0. Ed. J.S. Wakeley, R.W. Lichevar, and C.V. Noble. ERDC/EL TR Vicksburg, MS: U.S. Army Engineer Research and Development Center.

3 Page 3 In the absence of wetlands, the limits or Corps jurisdiction pursuant to Section 404 extend laterally to the Ordinary High Water Mark (OHWM) of the channel, which is defined at 33 CFR 328.3(e) as:...that line on the shore established by the fluctuation 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. While in the field, the physical characteristics were used to define the presence of an OHWM which in turn defines the lateral extent of Corps jurisdiction where adjacent wetlands were not present. 1. Hydrophytic Vegetation The presence of wetland indictor plant species was determined based on The National List of Plant Species that Occur in Wetlands. 4 The indicator lists categorize plants according to their affinity for occurrence in wetlands summarized as follows: Obligate Wetland Plants (OBL) are associated with wetlands 99-percent of the time Facultative Wetland Plants (FACW) occur in wetlands between 67- and 99-percent of the time Facultative species (FAC) occur in wetlands between 34- and 66-percent of the time Facultative Upland (FACU) species occur in wetlands only 1- to 33-percent of the time (meaning they occur in uplands from 67- to 99-percent of the time Upland (UPL) species occur in wetlands less than one-percent of the time 2. Hydric Soils The presence/absence of hydric soils was determined in accordance with the 1987 Manual and the Arid West Supplement, which in turn has largely adopted Field Indicators of Hydric Soils in the United States v Reed, P.B., Jr National List of Plant Species that Occur in Wetlands. U.S. Fish and Wildlife Service Biological Report 88(26.10). 5 USDA, NRCS Field Indicators of Hydric Soils in the United States v G.W. Hurt, G.M Vasilas (eds). USDA, NRCS in cooperation with the National Technical Committee for Hydric Soils, Fort Worth TX.

4 Page 4 The Soil Conservation Service (SCS) 6 has mapped the following soil types as occurring in the general vicinity of the project site: 7 Ramona Placentia association, 5 to 9 percent slopes Ramona Soils are over 60 inches deep and are well drained, and have moderately low subsoil permeability. They are characterized by brown slightly acid, coarse sandy loam and sandy loam surface layers about 20 inches thick. The subsoil is brown, slightly acid to neutral, loam, heavy loam and sandy clay loam about 44 inches thick. The Ramona Soils occur are mapped as occurring within the open channel that traverses the southern extent of the property. Altamont Diablo association, 30 to 50 percent slopes, eroded Altamont soils are 24 to 36 inches deep, are well drained, and have slow subsoil permeability. Elevations range from sea level to 1,300 feet. The average annual rainfall is 12 to 18 inches, mean annual air temperature is 62F to 64F. A standard strata includes 0-12 inches of neutral clay surface, inches of calcareous clay subsoil, and calcareous soft shale or sandstone below 24 inches. Altamont soils are mapped as occurring within upland areas that are located adjacent to the open channel. Neither of these soil units are identified as hydric in the NRCS publication, Hydric Soils of the United States 8. III. JURISDICTION A. Army Corps of Engineers Pursuant to Section 404 of the Clean Water Act, the Corps regulates the discharge of dredged and/or fill material into waters of the United States. The term "waters of the United States" is defined in Corps regulations at 33 CFR Part 328.3(a) as: 6 SCS is now known as the National Resource Conservation Service or NRCS. 7 United States Department of Agriculture, Soil Conservation Service Report and General Soil Map, Los Angeles County, California. Foldout map accompanying report is dated United States Department of Agriculture, Soil Conservation Service Hydric Soils of the United States, 3rd Edition, Miscellaneous Publication Number (In cooperation with the National Technical Committee for Hydric Soils.)

5 Page 5 (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 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 shell fish are or could be taken and sold in interstate or foreign commerce; or (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 (m) which also meet the criteria of this definition) are not waters of the United States. (8) Waters of the United States do not include prior converted cropland. 9 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. 9 The term prior converted cropland is defined in the Corps Regulatory Guidance Letter 90-7 (dated September 26, 1990) as wetlands which were both manipulated (drained or otherwise physically altered to remove excess water from the land) and cropped before 23 December 1985, to the extent that they no longer exhibit important wetland values. Specifically, prior converted cropland is inundated for no more than 14 consecutive days during the growing season. [Emphasis added.]

6 Page 6 As noted under Methodology above, in the absence of wetlands, the limits of Corps jurisdiction in non-tidal waters, such as intermittent streams, extend to the OHWM. B. California Department of Fish and Game Pursuant to Division 2, Chapter 6, Section 1602 of the California Fish and Game Code, the CDFG regulates all diversions, obstructions, or changes to the natural flow or bed, channel, or bank of any river, stream, or lake which supports fish or wildlife. CDFG defines a "stream" (including creeks and rivers) as "a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life. This includes watercourses having surface or subsurface flow that supports or has supported riparian vegetation." CDFG's definition of "lake" includes "natural lakes or man-made reservoirs." CDFG jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and wildlife. CDFG Legal Advisor has prepared the following opinion: Natural waterways that have been subsequently modified and which have the potential to contain fish, aquatic insects and riparian vegetation will be treated like natural waterways... Artificial waterways that have acquired the physical attributes of natural stream courses and which have been viewed by the community as natural stream courses, should be treated by [CDFG] as natural waterways... Artificial waterways without the attributes of natural waterways should generally not be subject to Fish and Game Code provisions... Thus, CDFG jurisdictional limits closely mirror those of the Corps. Exceptions are CDFG's exclusion of isolated wetlands (those not associated with a river, stream, or lake), the addition of artificial stock ponds and irrigation ditches constructed on uplands, and the addition of riparian habitat supported by a river, stream, or lake regardless of the riparian area's federal wetland status. IV. RESULTS A. Corps Jurisdiction

7 Page 7 Corps jurisdiction associated with the 61.5-acre Study Area totals approximately 0.25 acre of waters of the United States, none of which consists of jurisdictional wetlands. All areas of Corps jurisdiction are associated with an open water channel that traverses the southwest corner of the site. The boundaries of Corps jurisdictional waters are depicted on Exhibit 3 and are summarized in Table 1 below. 1. Open Channel Discharge that enters the open channel originates offsite beneath Western Avenue from an eightfoot wide concrete culvert and extends for approximately 913 feet from the southeast to the northwest across the site to where it enters a 12-foot concrete culvert. The open channel contains a soft bottom consisting of sand, gravel and limited cobble. The northern bank is armored with concrete, which covers the upper half of the bank. The presence of an OHWM was indicated by debris wrack and shelving on the terrace immediately above the low-flow channel. The OHWM ranges between 5 and 20 feet in width. Below the OHWM, the low flow channel ranged between two and four feet and exhibited discharge in the upper portions as a result of off site nuisance flows. The banks and terraces associated with the open channel supports patches of Southern Willow Riparian Forest interspersed with a predominance of non-native ornamental trees and shrubs ranging between 25 to 50 feet in height along its entire length. The Southern Willow Riparian Forest is dominated by arroyo willow (Salix lasiolepis, FACW), but also includes Goodding s black willow (Salix gooddingii, OBL), red willow (Salix laevigata, FACW), and Mexian fan palm (Washingtonia robusta, FAC 10 ). The non-native ornamental tree species are primarily comprised of Shemel ash (Franinus uhdei, UPL), but also includes Fig (Ficus carica, UPL) and English walnut (Juglans regia, UPL). The understory is very limited and consists of mule fat (Baccharis salicifolia, FACW), Mexican fan palm, Pampass grass (Cortaderia selloana, UPL), and fountain grass (Pennisetum setaceum,upl). Adjacent upland areas are vegetated with sweet fennel (Foeniculum vulgare, FACU), non-native grasses and various non-native ornamental tree and shrub species. This open channel is designed to convey urban runoff and flows only when receiving storm runoff or dry-season urban discharge, with no groundwater component. Therefore, while surface water is present at least intermittently in the upper area, before it dissipates, the channel best fits the definition of an ephemeral stream. 10 Mexican fan palm is not listed in Reed (1988) and would therefore be assumed to be an upland species. However, based on numerous observations in wetlands, GLA believes this species should be designated as FAC.

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9 Page 9 B. Regional Water Quality Control Board Jurisdiction The channel described above was not determined to be intrastate/isolated waters outside of Corps jurisdiction. The boundaries of RWQCB jurisdiction under Section 401 are the same as depicted for Corps jurisdiction under Section 404. C. CDFG Jurisdiction CDFG jurisdiction associated with the 61.5-acre Study Area total acre of jurisdictional waters, of which 0.37 acre consists of native riparian species associated with the bed, banks and terraces of the open channel. The boundaries of CDFG jurisdiction are depicted on the enclosed delineation map [Exhibit 3] and CDFG jurisdiction is summarized in Table 1 below. 1. Open Channel Discharge that enters the open channel originates offsite beneath Western Avenue from an eightfoot wide concrete culvert and extends for approximately 913 feet from the southeast to the northwest across the site to where it enters a 12-foot concrete culvert. The open channel contains a soft bottom consisting of sand, gravel and limited cobble. The northern bank is armored with concrete, which covers the upper half of the bank. The banks and terraces associated with the open channel supports patches of Southern Willow Riparian Forest interspersed with a predominance of non-native ornamental trees and shrubs that are not included within CDFG jurisdiction. The Southern Willow Riparian Forest is dominated by arroyo willow (Salix lasiolepis, FACW), but also includes Goodding s black willow (Salix gooddingii, OBL), red willow (Salix laevigata, FACW), and Mexian fan palm (Washingtonia robusta, FAC 11 ). The non-native ornamental tree species are primarily comprised of Shemel ash (Franinus uhdei, UPL), but also includes Fig (Ficus carica, UPL) and English walnut (Juglans regia, UPL). The understory is very limited and consists of mule fat (Baccharis salicifolia, FACW), Mexican fan palm, Pampass grass (Cortaderia selloana, UPL), and fountain grass (Pennisetum setaceum,upl). 11 Mexican fan palm is not listed in Reed (1988) and would therefore be assumed to be an upland species. However, based on numerous observations in wetlands, GLA believes this species should be designated as FAC.

10 Page 10 TABLE 1 JURISDICTIONAL TABLE (IN ACRES) Jurisdictional Corps Wetlands CDFG Riparian Habitat Feature Jurisdiction Jurisdiction Open Channel Totals IV. DISCUSSION A. Impact Analysis 1. Corps and Regional Board Jurisdiction The project proposes to retain a drainage feature on the project site; however, due to the degraded condition of the existing channel, it will be necessary to impact the entire channel resulting in the discharge of fill material into 0.25 acre of waters of the United States, none of which consists of jurisdictional wetlands. However, a new drainage channel will be constructed immediately to the south of the current location resulting in no-net-loss of Corps jurisdiction as well as Regional Board jurisdiction pursuant to Section 401 of the Clean Water Act. 2. CDFG Jurisdiction As noted, because of the highly degraded character of the channel, the project as proposed will impact the entire channel resulting in the alteration of 0.86 acre CDFG jurisdictional Streambed of which 0.37 acre consists of native riparian habitat. The streambed will be relocated to the south and will be constructed to ensure no-net-loss of CDFG riparian habitat; however, it may not be possible to fully mitigate the loss of all 0.86 acre of CDFG jurisdiction in the immediate vicinity requiring mitigation to be performed at other locations on site or through participation in an approved mitigation bank within the region.. B. Mitigation Impacts to both Corps and Regional Board jurisdiction as well as CDFG jurisdiction would be fully mitigated through a combination of potential measures including creation of a new drainage course, immediately to the south of the current degraded channel, creation of other wetland/riparian mitigation on the site and/or participation of a mitigation bank within the Los Angeles Basin. 1. Corps and Regional Board Jurisdiction

11 Page 11 In order to ensure no-net-loss of waters of U.S., a new drainage channel would be constructed and would include a minimum of 0.25 acre of channel that would exhibit indicators for an OHMW that would also support areas of native riparian habitat typical of coastal Los Angeles County. Because of the highly degraded character of the existing channel, the re-created channel will exhibit higher levels of wetland functions, resulting in a net increase in aquatic functions on the site. With the proposed mitigation, the proposed impacts to waters regulation under Sections 404 and 401 of the federal Clean Water Act would be less than significant. 2. CDFG Jurisdiction In order to ensure no-net-loss of waters of the state, a new drainage channel would be constructed that is expected to provide for creation of approximately 0.50 acre of channel, channel banks and associated riparian habitat that incorporates native riparian habitat typical of coastal Los Angeles County. Because of the highly degraded character of the existing channel, the re-created channel, channel banks and riparian habitat will exhibit higher levels of aquatic function, resulting in a net increase in aquatic functions on the site. Nevertheless, in order to ensure full replacement of the 0.86 acre of streambed and associated riparian and additional 0.36 acre (or the amount to ensure 1:1 mitigation) will be provided onsite as additional habitat creation or offsite either through habitat creation or purchase of credits in an approved mitigation bank in the Los Angeles Basin. If you have any questions about this letter report, please contact either Tony Bomkamp at (949) Sincerely, GLENN LUKOS ASSOCIATES, INC. Tony Bomkamp Regulatory Specialist s:0967a_jd_ doc

12 Adapted from USGS Los Angeles quadrangle NORTH PROJECT LOCATION MILES 6 PONTE VISTA Exhibit 1 Regional Map

13 PONTE VISTA Vicinity Map PROJECT LOCATION Exhibit 2 Adapted from USGS Torrance, CA quadrangle NORTH 0 1,000 2,000 3,000 FEET

14 20 / /2 5 e n ue n Av / 17 Jo hn 30 Wes ter 4 / /3 2 /3 13 /3 10 M on tg o 4 / /3 m er y Dr iv e 5 2 7/ 4 1 5/ 0 / / Legend Corps Jurisdiction OHWM CDFG Jurisdiction Black Willow Red Willow Arroyo Willow Sycamore Arroyo/Black Willow Unvegetated or Non-Native Trees within Channel or on Terraces Arroyo/Red Willow 0 ± 35 PONTE VISTA Jurisdictional Delineation Map 70 Feet Exhibit 3 X:\0363-THE REST\ PONT\967-1GIS\DelineationGIS\967-1Delineation.mxd March 28, 2011

15 EXHIBIT 4 Site Photographs Photograph 4: Photograph looking west near the terminus of the oniste channel depicting the concrete northern bank. PONTE VISTA Photograph 3: Photograph looking at nuisannce flows within the concrete lined channel.

16 EXHIBIT 4 Site Photographs Photograph 2: Photograph looking northwest depicting the native and nonnative habitat associated with the open channel. PONTE VISTA Photograph 1: Photograph looking west at an approximate eight foot wide culvert located beneath Western Avenue where nuisance flows discharge to the open channel.