STAFF REPORT. MEETING DATE: March 4, 2010 AGENDA ITEM: 5. A) Review data, information, and tools to address resource and farmland issues in SB-375

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1 STAFF REPORT SUBJECT: SB-375: Resource and Farmland Issues MEETING DATE: March 4, 2010 AGENDA ITEM: 5 STAFF CONTACT: Brian Bresolin, Michael Powers RECOMMENDATION: A) Review data, information, and tools to address resource and farmland issues in SB-375 B) Discuss options for SBCAG to address resource and farmland issues DISCUSSION: SB-375 requires each metropolitan planning organization is required to prepare a Sustainable Communities Strategy (SCS) that utilizes the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy is also required to gather and consider the best practically available scientific information regarding resource areas and farmland in the region. The SCS may include a narrative description, map, data, or other resources (or any combination thereof), developed in consultation with the appropriate resource agencies including cities and counties, which identifies regional resource areas and farmland. This will be a challenge for SBCAG since we have not engaged in comprehensive resource planning as part of the normal course of our project development and planning activities. SBCAG requests TPAC input in defining the best way for SBCAG to address this broad requirement and add value to the planning process for resource and farmland assessment. While most of the focus for this topic is on the unincorporated County we will also have to address these issues for cities. Open space and recreation areas will be more important issues in cities, vs. farmland in the unincorporated areas. The sections below outline the specific legislative requirements, existing data sources, and current tools, e.g. GIS overlays, to assist SBCAG in addressing this requirement.

2 Legislative requirements These resource and farmland areas are defined in the Government Code Section (Shown in Attachment 1) and include the following. Resource Areas all publicly owned parks and open space; open space or habitat areas protected by natural community conservation plans, habitat conservation plans, and other adopted natural resource protection plans; habitat for species identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies or protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; lands subject to conservation or agricultural easements for conservation or agricultural purposes by local governments, special districts, or nonprofit 501(c)(3) organizations, areas of the state designated by the State Mining and Geology Board as areas of statewide or regional significance pursuant to Section 2790 of the Public Resources Code, and lands under Williamson Act contracts; areas designated for open-space or agricultural uses in adopted open-space elements or agricultural elements of the local general plan or by local ordinance; areas containing biological resources as described in Appendix G of the CEQA Guidelines that may be significantly affected by the sustainable communities strategy or the alternative planning strategy; and an area subject to flooding where a development project would not, at the time of development in the judgment of the agency, meet the requirements of the National Flood Insurance Program or where the area is subject to more protective provisions of state law or local ordinance. Farmland Farmland refers to land that is outside all existing city spheres of influence or city limits as of January 1, 2008, and is one of the following: Classified as prime or unique farmland or farmland of statewide importance. Farmland classified by a local agency in its general plan that meets or exceeds the standards for prime or unique farmland or farmland of statewide importance. The SCS could also identify regional priority areas for conservation and mitigation efforts. Examples of such priority conservation areas include but certainly are not limited to: Areas important for the maintenance of endemic, rare, or imperiled plant and animal species and communities, Areas that provide connectivity between natural habitats, especially in areas with high rates of land use conversion including riparian areas and areas with low levels of fragmentation from human land uses and infrastructure, Natural areas adjacent to existing public or privately protected areas that serve to buffer and improve habitat values, Existing farm and ranch land, Natural areas important for carbon storage and sequestration including forest land, and Areas that can serve to buffer developed areas from natural disturbance such as floodplains or natural fire breaks. 2

3 Additionally, RTP Environmental Considerations contains a planning process mandate that requires the MPO to compare the RTP with available State conservation plans or maps and inventories of natural or historic resources. (Attachment 2) This comparison is facilitated by the requirement to consult as appropriate with State and local agencies responsible for land use management, natural resources, environmental protection, conservation and historic preservation. MPOs may develop a Regional Open Space and Conservation Area Framework, or Greenprint which identifies existing resource areas such as farm and ranchland, parkland, forests and other natural resource areas with high carbon storage, designated conservation areas, as well as those targeted for existing or future protection due to presence of sensitive resources, high value aquatic resources, vernal pools, sensitive habitat, wildlife movement corridors, floodplains, etc. Existing Information Sources and Planning Efforts County Regional Conservation Strategy The objective of the county s project that was initiated by the Board of Supervisors in March of 2006, was to establish a long-term regional conservation strategy (RCS) to improve protection for the California tiger salamander (CTS) and potentially other threatened or endangered species within its habitat range, while simultaneously improving the land development process for landowners within the CTS range in northern Santa Barbara County. Implementation of the plan or strategy would enable the protection of stakeholders (public and private) land use interests, provide predictability and streamlined processes in land use permitting within the CTS range, and provide long-term protection for covered species and their habitat. An advisory committee, the Conservation Steering Committee (CSC), was formed by the Board of Supervisors in April 2007 to advise staff in the development and implementation of the Regional Conservation Strategy draft plan. The CSC represented the various stakeholder interests in the project, including ranchers, farmers, developers, regulatory agencies, and environmental scientists and conservationists. Between April 2007 and February 2008, the CSC brought differing perspectives to the table and engaged discussions regarding endangered species regulation and the various impacts the CTS listing has had on a variety of activities. As a result of this process, information was assembled related to endangered species regulation and CTS issues that would assist property owners in their interactions with Federal and State regulators. On March 25, 2008 the Board of Supervisors voted to discontinue this project due to financial constraints and the significant cost required to prepare and implement a regional conservation strategy. Information is available on the following topics that could be useful in the identification of resource and farmland resources as required in the SCS: Biology of CTS and other protected species that occur within their range The Endangered Species Act Habitat conservation planning Land use within the CTS range The status of agriculture within the CTS range Land use changes within the City of Santa Maria 3

4 Conservation measures, mitigation strategies and best management practices Case study of covered activities included in other jurisdictions Design principles applicable to establishing preserves for mitigation From 1968 to 1998 in the Santa Maria Valley 2,800 acres of mostly prime farmland was converted to urban uses. Agriculture remains the largest industry in the Santa Maria Valley due in part to improved irrigation that increases yields and brings historically marginal sandy lands into production. While crop yields have improved with a major investment in technology, costs have also risen. The loss of prime farmland comes at a time when field crops such as broccoli and strawberries are at their highest income levels ever. The map below shows farmland conversion over 30 years from the County report Land and Population: Farmland Conversion in the Santa Maria Valley,

5 Until recent decades the Goleta Valley was home to family farms and ranches. Beginning in the 60 s and 70 s residential development to serve the new commercial and industrial expansion and the University of California replaced the row crops and lemon groves. Over 1,100 acres of agricultural land have been converted to urban use since Farmland Conversion Goleta Valley,

6 Potential Distribution of Protected Species in Northern Santa Barbara County 6

7 Agricultural Preserves in Northern Santa Barbara County

8 Santa Barbara County Land Statistics From County Long Range Planning million acres in County or 2,550 square miles: 748,000 acres or 46% is controlled by Fed. Gov. Los Padres =650,000 acres; VAFB =98,000 acres 886,000 acres of non-federal lands County =844,000 acres; cities =42,000 acres 75,000 acres of urban area County urban =33,000 acres; city urban =42,000 acres, urban =4.5% of total land in County 761,000 acres of agriculturally zoned land 86% of land under County jurisdiction 555,000 acres in Agricultural Preserve program 73% of Ag land 6% of the State s prime soil is in the central coast: Monterey, San Benito, San Luis Obispo, and Santa Barbara Counties (CDC) From 1984 to 2004, 8,562 acres of land (mostly grazing) was developed: 1% of land under the County s jurisdiction. Source: Conservation Steering Committee, Regional Conservation Strategy. Office of Long Range Planning Nov. 28, 2007

9 Agriculture Statistics for Santa Barbara County Presentation Materials from Agricultural Commissioner August 2007 Total Land in County (excluding Channel Islands) 1,634,393 Acres Total Private Lands 855,000 (approx) Land Zoned Agriculture 760,000 Acres Land in Ag Preserves 550,000 Acres - Stable Prime 50,000 Acres Non-Prime 500,000 Acres Gross Ag Value (2006) $1,016,735,144 Leading Crops Strawberries $231,000,000 Broccoli $129,000,000 Grapes $107,000,000 Head Lettuce $67,000,000 Celery $42,000,000 Avocados $40,000,000 Lemons $14,000,000 Nursery Products (Total) $173,000,000 Production Areas Santa Maria Valley 290,000 acres Vegetables, Wine Grapes, Cattle Lompoc Valley 136,000 acres Vegetables, Seed Crops, Wine Grapes, Cattle Santa Ynez Valley 231,000 acres Wine Grapes, Cattle, Field Crops, vegetables Los Alamos Valley 79,000 acres Vegetables (west), Wine Grapes, Cattle (east) South Coast 106,000 acres Nursery Crops, Avocados, Lemons Gaviota Coast 51,000 acres Avocados, Cattle, Lemons North Gaviota Coast 43,000 acres Cattle Cuyama Valley 113,000 acres Carrots, Alfalfa, Wine Grapes, Cattle

10 Agricultural Practices (From Ag Commission Questionnaires) Irrigation Practices 80% of growers use micro-sprinkler or drip irrigation on Central Coast Pesticide Practices 88% of growers use Integrated Pest Management (IPM) programs Fertilizer Management Practices 75% of growers have some type of crop nutrient/fertilizer management program Trends Higher Land Values $41,000/ acre vegetable land up $10,000/acre since 2003 $50,000/acre for grapes - $20,000/ acre since 2004 $12,500/acre for rangeland Stable over the past year Lower value to Higher Value less grazing, less grain crops Competing with Ranchettes Non Ag - motocross Strawberries increasing High potential return Ventura losing acreage Urbanization VOC requirements New Crops Raspberries Processing Facilities Needed Value Added Wine Grape crushing facilities and wineries Cattle sales all out of county Future Expansion Areas Limited by soils, water, climate, topography Estimate addition 10,000 to 20,000 acres Mostly converting grazing or grain to higher value Mostly along major road corridors

11 Farmland Classification The California Department of Conservation (DOC) administers the Farmland Mapping and Monitoring Program (FMMP), California s statewide agricultural land inventory. Four classifications of farmland, including Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance, are considered valuable, and any conversion of land within these categories is typically considered an adverse impact. Other categories of land that are not protected by the DOC include Grazing Land, Urban and Built Up Land, and Other Land. Farmland is classified according to its ability to support crops or livestock. Topography, climate, soil quality, and available irrigation water all factor into the FMMP farmland classifications. FMMP farmland is described in order of productivity, from the most productive to the least productive. Prime Farmland is land with the best combination of physical and chemical features to sustain long-term production of agricultural crops. These lands have the soil quality, growing season, and moisture supply necessary to produce sustained high yields. Soil must meet the physical and chemical criteria determined by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). Prime Farmland must have been used for production of irrigated crops at some time during the four years prior to the mapping date. Farmland of Statewide Importance is similar to Prime Farmland but with minor differences, such as greater slopes or a lesser ability of the soil to store moisture. Farmland of Statewide Importance must have been used for production of irrigated crops at some time during the four years prior to the 2008 mapping date for the Alameda County Important Farmland Map. Unique Farmland is used for the production of the state s leading agricultural crops but may contain lesser quality soils than Prime Farmland or Farmland of Statewide Importance. These lands are usually irrigated but may include nonirrigated orchards or vineyards found in some climatic zones in California. Unique Farmland must have been used for crops at some time during the four years prior to the mapping date. Farmland of Local Importance holds a different definition within each county in California. 11

12 Santa Barbara County Change by Land Use Category ACREAGE CHANGES (2) TOTAL ACREAGE ACRES ACRES TOTAL NET LAND USE CATEGORY INVENTORIED (1) LOST GAINED ACREAGE ACREAGE (-) (+) CHANGED CHANGED Prime Farmland 67,222 67, , Farmland of Statewide Importance 12,243 12, Unique Farmland 34,438 34, Farmland of Local Importance 20,096 11,108 9, ,890-8,988 IMPORTANT FARMLAND SUBTOTAL 133, ,353 10,605 1,994 12,599-8,611 Grazing Land 584, ,986 11,270 9,259 20,529-2,011 AGRICULTURAL LAND SUBTOTAL 718, ,339 21,875 11,253 33,128-10,622 Urban and Built-up Land 62,215 62, Other Land 254, , ,848 11,191 10,505 Water Area 4,191 4, TOTAL AREA INVENTORIED (1) 1,039,815 1,039,328 22,262 22,262 44,524 0

13 Land Committed to Non-Agricultural Uses TOTAL LAND USE CATEGORY ACREAGE 2008 Prime Farmland 363 Farmland of Statewide Importance 2 Unique Farmland 221 Farmland of Local Importance 31 IMPORTANT FARMLAND SUBTOTAL 617 Grazing Land 215 AGRICULTURAL LAND SUBTOTAL 832 Urban and Built-up Land 0 Other Land 132 Water Area 0 TOTAL ACREAGE REPORTED 964 Land Use Conversion from Farmland of Farmland of Subtotal LAND USE CATEGORY Prime Statewide Unique Local Important Grazing Farmland Importance Farmland Importance Farmland Land Prime Farmland to: Farmland of Statewide Importance to: Unique Farmland to: Farmland of Local Importance (3) to: ,550 IMPORTANT FARMLAND SUBTOTAL ,027 9,137 Grazing Land (4) to: AGRICULTURAL LAND SUBTOTAL ,858 9,137 Urban and Built-up Land to: Other Land to: Water Area to: TOTAL ACREAGE CONVERTED to: ,994 9, County Boundary Adjustment (1) Total Urban and Total LAND USE CATEGORY Agricultural Built-up Other Water Converted To Land Land Land Area Another Use Prime Farmland to: Farmland of Statewide Importance to: Unique Farmland to: Farmland of Local Importance (3) to: 9, ,439 IMPORTANT FARMLAND SUBTOTAL 10, ,605 Grazing Land (4) to: , ,270 AGRICULTURAL LAND SUBTOTAL 10, , ,875 Urban and Built-up Land to: Other Land to: Water Area to: TOTAL ACREAGE CONVERTED to: 11, , , County Boundary Adjustment (1) (1) Total Area Inventoried changed in 2008 due to adoption of updated county boundary file; adjacent counties gained or lost corresponding acreages. Statistics representing this change are shown in shaded cells in Part III of table. (2) Acreage Changes calculates conversions within existing mapped area; county boundary adjustment acreages not included. (3) Conversion to Grazing Land due to non irrigated agricultural areas left fallow for four or more update cycles. (4) Conversion to Other Land largely due to the delineation of oil fields on which grazing is not permitted, including the Cat Canyon, Orcutt and South Cuyama oil fields

14 LAND USE CATEGORY ACREAGE BY CATEGORY (1) NET ACREAGE (3) CHANGED CHANGE Prime Farmland 67,703 67, Farmland of Statewide Importance 4,985 12,299 7, Unique Farmland 21,763 34,777 13, Farmland of Local Importance 33,392 11,108-22, Important Farmland Subtotal 127, ,353-2, Grazing Land 601, ,986-19, Agricultural Land Subtotal 729, ,339-22, Urban and Built-Up Land 53,466 62,332 8, Other Land 252, ,466 12, Water Area 4,218 4, Total Area Inventoried 1,039,815 1,039, (1) Figures are generated from the most current version of the GIS data. Files dating from 1984 through 1992 were reprocessed with a standardized county line in the Albers Equal Area projection, and other boundary improvements. (2) Due to the incorporation of digital soil survey data (SSURGO) in 2002, acreages for farmland, grazing and other land categories may differ from those published in the Farmland Conversion Report. (3) Total Area Inventoried changed in 2008 due to adoption of updated county boundary file; adjacent counties gained or lost corresponding acreages. AVERAGE ANNUAL ACREAGE

15 UCSB Regional Conservation Guide Conception Coast Project The Regional Conservation Guide is a grant-funded project to aid regional planning and conservation. The Conception Coast Project gathered and synthesized over 30 ecological data types including sensitive species, wildlife habitat, ecological subregions, and farmland types. The guide also contains some land use data such as a development footprint, a digital elevation model, land management status, and a trend model prediction for urban outgrowth. This information was synthesized, aiding to identify critical areas for conservation. The guide was developed to assist in efficient and informed decisions towards protecting natural areas. The guide s geographical coverage includes the entire Santa Barbara County area as well as southern San Luis Obispo and northern Ventura County. The guide was developed with the influence of an advisory panel but the primary author is John Gallo of UCSB s Geography Department. The guide was released in September 2005 and can be viewed at the following web address, The guide includes numerous maps depicting natural resources as well as their interface with urban development. The following two tables show data sources and contacts for the conservation guide mapping outputs. Two map examples are also provided. 15

16 GIS Coverage Description and Source 16

17 GIS Coverage Description and Source

18 18

19 Local Jurisdictions Resource Data Availability Resource data is currently available in local jurisdictions that can be applied in the SCS effort. The data may be in a variety of formats. It may be in a digital GIS format or displayed on manually produced maps. It can be in a narrative more qualitative format as well. There will undoubtedly be issues related to compatibility, scale, resolution, format, precision, and timing etc. The metadata describing the data sets would also be useful to help in developing compatible information between jurisdictions. The table below shows some of the resource areas of interest and data availability. TPAC members should provide updates to the table informing staff of their data resources and level of GIS capability/software platform if any.

20 Data and GIS Resources of Local Jurisdictions GIS Sensitive Biological Jurisdiction Software Farmlands Wetlands Parks Open Space Habitats Resources Floodplains South Coast City of Carpinteria City of Santa Barbara City of Goleta Unincoprorated Lompoc Valley City of Lompoc Unincoporated Santa Maria Valley City of Santa Maria City of Guadalupe Unincorporated Santa Ynez Valley City of Solvang City of Buellton Unincorporated ArcView ArcView ArcView ArcView SBCAG Maptitude ArcView Denotes data availability Attachments: 1. January 28, 2010 Discussion Material Resource Areas & Farmland 2. EXCERPT from January 5, 2010 RTP Draft Guidelines, Sections 5.3 & 5.5

21 Attachment 1 California Transportation Commission Regional Transportation Guidelines Update January 28, 2010 Discussion Material Resource Areas & Farmland Proposed Revised Guidance: Addressing Resource Areas and Farmland The SCS is required pursuant to Government Code Section 65080(b)(2)(B)(v) to gather and consider the best practically available scientific information regarding resource areas and farmland in the region (as defined in Government Code Section (a) and (b). Excerpt from January 5, 2010 Draft Guidelines: Addressing Resource Areas and Farmland The SCS is required pursuant to Government Code Section 65080(b)(2)(B)(v) to gather and consider the best practically available scientific information regarding resource areas and farmland in the region (as defined in Government Code Section (a) and (b). The SCS may include a narrative description, map, data, or other resources (or any combination thereof), developed in consultation with the appropriate resource agencies including cities and counties, which identifies regional resource areas and farmland. The SCS could also identify regional priority areas for conservation and mitigation efforts, based upon existing publicly available information and developed in consultation with the appropriate resources agencies including cities and counties. Examples of such priority conservation areas include but certainly are not limited to: Areas important for the maintenance of endemic, rare, or imperiled plant and animal species and communities, Areas that provide connectivity between natural habitats, especially in areas with high rates of land use conversion including riparian areas and areas with low levels of fragmentation from human land uses and infrastructure, Natural areas adjacent to existing public or privately protected areas that serve to buffer and improve habitat values, Existing farm and ranch land, Natural areas important for carbon storage and sequestration including forest land, and Areas that can serve to buffer developed areas from natural disturbance such as floodplains or natural fire breaks. Please refer to Sections 5.3 and 5.5 of the Guidelines for more information regarding best management practices for the consideration of environmental resource areas and farmland in RTP development.

22 Excerpts from SB 375: GC 65080(b)(2)(B) & (a) & (b) 65080(b) (2) (B) Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to utilize the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall... (v) gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section ; SEC. 5. Section is added to the Government Code, to read: The following definitions apply to terms used in Section 65080: (a) Resource areas include (1) all publicly owned parks and open space; (2) open space or habitat areas protected by natural community conservation plans, habitat conservation plans, and other adopted natural resource protection plans; (3) habitat for species identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies or protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plan Protection Act; (4) lands subject to conservation or agricultural easements for conservation or agricultural purposes by local governments, special districts, or nonprofit 501(c)(3) organizations, areas of the state designated by the State Mining and Geology Board as areas of statewide or regional significance pursuant to Section 2790 of the Public Resources Code, and lands under Williamson Act contracts; (5) areas designated for open-space or agricultural uses in adopted open-space elements or agricultural elements of the local general plan or by local ordinance; (6) areas containing biological resources as described in Appendix G of the CEQA Guidelines that may be significantly affected by the sustainable communities strategy or the alternative planning strategy; and (7) an area subject to flooding where a development project would not, at the time of development in the judgment of the agency, meet the requirements of the National Flood Insurance Program or where the area is subject to more protective provisions of state law or local ordinance. (b) Farmland means farmland that is outside all existing city spheres of influence or city limits as of January 1, 2008, and is one of the following: (1) Classified as prime or unique farmland or farmland of statewide importance. (2) Farmland classified by a local agency in its general plan that meets or exceeds the standards for prime or unique farmland or farmland of statewide importance. 22

23 Attachment 2 EXCERPT from January 5, 2010 Draft Guidelines, Sections 5.3 & 5.5 Chapter 5, RTP Environmental Considerations 5.3 SAFETEA-LU Environmental Requirements SAFETEA-LU requirements in section 6001, Metropolitan Transportation Planning, that are intended to enhance the consideration of environmental issues in the transportation planning process. Pursuant to Title 23 CFR , the RTP must provide a discussion of potential environmental mitigation activities and areas, including those mitigation activities that might maintain or restore the environment that is affected by the plan. This mitigation discussion must happen in consultation with Federal, State and Tribal land management and wildlife regulatory agencies. Additionally, SAFETEA-LU contains a planning process mandate that requires the MPO to compare the RTP with available State conservation plans or maps and inventories of natural or historic resources. This comparison is facilitated by the requirement to consult as appropriate with State and local agencies responsible for land use management, natural resources, environmental protection, conservation and historic preservation. Requirements (Shall) Federal: Title 23 CFR Part (f)(7): Requires that the RTP shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the metropolitan transportation plan. The discussion shall be developed in consultation with Federal, State, and Tribal land management, wildlife, and regulatory agencies. Title 23 CFR Part (g)(1) and (2): Requires that the MPO shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of the transportation plan. The consultation shall involve, as appropriate: (1) Comparison of transportation plans with State conservation plans or maps, if available; or (2) Comparison of transportation plans to inventories of natural or historic resources, if available. Title 23 CFR Part (a)(5): Requires that the metropolitan transportation planning process shall be continuous, cooperative, and comprehensive, and provide for consideration and implementation of projects, strategies, and services that will address the following factors Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns. See Section 5.5 for key environmental considerations for best practices as well as best practices described below. State: None Recommendations(Should) Federal: None State: None

24 Best Practices: Advanced mitigation planning to identify areas for mitigation prior to project-byproject discussion is a best practice. Elkhorn Slough Early Mitigation Project and Regional Advanced Mitigation Planning (RAMP) are important examples of such efforts. Coordinating early with agencies responsible for project-level permitting can lead to identification of regional priority conservation areas and to more effective mitigation Key Environmental Considerations for Best Practices The intent of this section is to highlight those environmental resources that typically require avoidance alternatives and mitigation. Taking these environmental resources and laws into account during the transportation planning process can expedite the delivery of the projects that are contained in the RTP. The transportation planning process and the NEPA environmental analysis required during project delivery can work in tandem with the results of the transportation planning process informing the NEPA process. The RTP can identify plan-level environmental constraints and consider potential impacts that could allow projects in the plan to be modified to avoid or minimize impacts. For a more in-depth discussion of potential environmental impact and resource areas, please see Volume 1 of the Standard Environmental Reference at: During project delivery SAFETEA-LU Section 6002, (Efficient Environmental Reviews for Project Decision-making) sets forth a new environmental review process. The first step under Section 6002 is to initiate the environmental review process by notifying FHWA s Secretary of the type of work, termini, length, general location of the project, and a listing of anticipated federal permits. One means of initiating the process is to include the required information in the discussion of each EIS-level project that is contained in the RTP. The resource areas of concern are enumerated below. Wetlands Wetlands and other waters are protected under a number of laws and regulations, including the federal Clean Water Act, federal Executive Order for the Protection of Wetlands (E.O ), and state Porter-Cologne Water Quality Control Act and parts of the state Fish and Game Code. Section 404 of the Clean Water Act establishes a permit program that prohibits any discharge of dredged or fill material into wetlands or other waters of the United States if a practicable alternative exists that is less damaging to the aquatic environment or if the nation s waters would be significantly degraded. The Section 404 permit program is run by the U.S. Army Corps of Engineers (ACOE) with oversight by the U.S. Environmental Protection Agency (U.S. EPA). The Executive Order for the Protection of Wetlands (E.O ) states that a federal agency, such as the Federal Highway Administration, cannot undertake or provide assistance for new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to the construction and the proposed project includes all practicable measures to minimize harm. 24

25 At the state level, primarily the Department of Fish and Game (CDFG) and the Regional Water Quality Control Boards (RWQCB) regulate wetlands and waters. (In certain circumstances, the California Coastal Commission or Bay Conservation and Development Commission may also be involved.) Impacts on wetlands, lakes, streams or rivers may require a Lake or Streambed Alteration agreement with CDFG. The RWQCB issues water quality certifications in compliance with Section 401 of the Clean Water Act. Parks, Refuges, Historic Sites Section 4(f) of the Department of Transportation Act (Title 49 U.S.C. Section 303) states that FHWA and FTA may not approve the use of land from a significant publicly-owned park, recreation area, wildlife and waterfowl refuge, or any significant historic site unless a determination is made that there is no other feasible and prudent alternative to the use of that land. Section 4(f) evaluations require the development of an avoidance alternative, however, if no feasible choices exist, extensive planning must be done to minimize harm to the property resulting from such use. California Coastal Trail (CCT) The CCT is a state mandated trail system pursuant to the passage of SB 908 in AB 1396 in 2007 added Section to the Government Code, which mandates that provision for the CCT be provided in each RTP. More information and guidance relative to the trail CCT can be found in Section 6.12 and at: Floodplains Executive Order (Floodplain Management) directs all federal agencies to refrain from conducting, supporting, or allowing actions in floodplains unless it is the only practicable alternative. Threatened and Endangered Species The primary federal law protecting threatened and endangered species is the federal Endangered Species Act (ESA) (Title 16 USC Section 1531 et seq.). This act provides for the conservation of endangered and threatened species and the ecosystems upon which they depend. Under Section 7 of this act, federal agencies, such as the Federal Highway Administration, are required to consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NOAA Fisheries) to ensure that they are not taking actions likely to jeopardize the continued existence of listed species or destroy or adversely modify critical habitat. California has enacted a similar law at the state level, the California Endangered Species Act (CESA)(Fish and Game Code, 2050, et seq.). CESA emphasizes early consultation to avoid potential impacts to rare, endangered, and threatened species and to develop appropriate planning to offset project caused losses of listed species populations and their essential habitats. 25

26 Cumulative Impacts As defined in CEQA, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. Because the RTP addresses long-range future transportation improvements, cumulative impacts are inherent and need to be fully discussed within the environmental document. Guidance on preparing cumulative impact analysis is available at: Growth-Related Indirect Impacts Growth-related indirect impacts are those impacts associated with a project or plan that would encourage or facilitate development or would change the location, rate, or type, or amount of growth. RTPs typically contain proposed actions that will be built along a new alignment and/or provide new access and those are the types of projects that will typically require a growthrelated impact analysis. Where such impacts are identified, appropriate and reasonable steps to avoid or minimize indirect impacts can be considered early in the process, and incorporated into the RTP and its associated environmental document. Additional guidance on growthrelated indirect impacts is available at: Requirements (Shalls) Federal: Title 23 CFR Part (a)(5) requires that the metropolitan planning process addresses protection and enhancement of the environment, among other planning factors State: Government Code Section 65080(b)(2)(B)(v) requires that MPOs develop a sustainable communities strategy (which is part of the RTP) that shall gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in Subdivisions (a) and (b) of Government Code Section Recommendations (Shoulds) Federal: Title 23 CFR and Appendix A to Part 450 Linking Planning and NEPA describe the steps for streamlining the project delivery process by providing environmental information in the RTP. State: Best Practices: Voluntarily addressing all of the applicable topics noted above during the preparation of the RTP would be considered as a best practice. As a best practice to comply with the requirements of CA Government Code Section 65080(b)(2)(B) as well as Title 23 CFR Parts (f)(7), (g)(1) and (2), MPOs may develop a Regional Open Space and Conservation Area Framework, or Greenprint which identifies existing resource areas such as farm and ranchland, parkland, forests and other natural resource areas with high carbon storage or sequestration capacity, designated conservation areas, as well as those targeted for existing or future protection due to presence of sensitive resources, high value aquatic resources, vernal pools, sensitive habitat, wildlife movement corridors, floodplains, etc. This would support the SAFETEA-LU requirements to include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities as well as supporting sustainable communities. 26