Ventura River Preserve – Rice Creek Re‐Alignment Project Restoration Plan

I. Project Summary The Rice Creek Re‐Alignment Project will return flow to the historic channel of Rice Creek. Rice Creek was channelized and diverted over a cliff through a culvert in the 1920’s, severing its hydrologic connection to the Ventura River. The diversion also de‐watered over 2,900 feet of the stream’s natural course. Subsequently, the land was developed and re‐contoured for the installation of orchard crops. By re‐directing the flow back into a channel along the historic route, the project will create approximately 1,700 linear feet of stream habitats, and re‐wet an additional 1,200 linear feet of remnant channel. The project is expected to increase habitat for birds, wildlife, and amphibians, while maintaining water quality important for steelhead downstream in the Ventura River.

The proposed restoration work is being funded primarily by offsite mitigation funds approved for use on this site by the U.S. Army Corps of Engineers as part of the Ventura River Watershed Habitat Restoration Fund, an approved In‐Lieu Fee program.

II. Project Location

The proposed project is located in the Ventura River Watershed in Ventura County, CA on the Ventura River Preserve (VRP), a property owned by the Ojai Valley Land Conservancy. (Fig. 1). The watershed encompasses 228 square miles, of which slightly less than half lie in the Los Padres National Forest. The river supplies water to the Ojai Valley and the City of Ventura.

The 1600‐acre VRP is located approximately 13 miles upstream of the Ventura River’s estuary. The property is divided into eastern and western sections by the Robles Diversion Water Canal (“Canal”) managed by Casitas Municipal Water District. The western section contains portions of the Santa Ynez Mountains and four small tributary watersheds; Rice, Wills, Olive and Sycamore Creeks. The eastern section of the preserve includes a 64‐acre orange grove as well as the channel, floodplain and alluvial terraces of the Ventura River. Through the VRP, the Ventura River channel and associated floodplains are characterized by sub‐surface summer flows (with a relatively high water table) and intermittent surface flows in the winter including occasional catastrophic floods.

The project site for this application is located on Rice Creek (Fig. 2), an intermittent stream with a watershed of approximately 0.6 sq. mi., and is effectively divided into upper and lower portions by the diversion canal. Currently, the upper portion of Rice Creek, or that which lies to the west of the canal, is in a relatively natural, undisturbed condition and functions as a riparian 1

corridor that provides seasonal stream habitat, riparian canopy cover and connectivity from the upper watershed within Los Padres National Forest to the lower watershed. However, after Rice Creek passes through a 60‐inch culvert under the canal, these functions are greatly diminished. The proposed project will both enhance habitat values and re‐create the hydrologic connection between Rice Creek and the Ventura River.

Figure 1. Regional Location Map

III. Permits Requested

We are requesting authorization for this project under nationwide Permit #27, Stream and Wetland Restoration Activities and Nationwide Permit #33 for Water Diversion. While most of the project will be undertaken in areas that are not now considered Waters of the United States, the structural elements and stream bank modifications necessary for the re‐direction of stream flow from the existing diversion channel does constitute work in jurisdictional waters.

Nationwide Permit #33 is requested because the project will permanently divert the live flow of Rice Creek from its existing channel into the newly restored historic channel. The project work will be undertaken during the summer when there is no surface flow in Rice Creek, so diversion measures do not include temporary diversion of any live flow.

Permits will also be necessary from the Regional Water Quality Control Board (401 Certification), CA Department of Fish and Game (Streambed Alteration Agreement), and Ventura County (Grading Permit). These permits are in process. 3

IV. Project Description

Background and Site Description

The lower portion of Rice Creek was diverted from its historic or natural course in the 1920’s. It was channelized when the orange grove was planted to allow full usage of the acreage for agricultural purposes. The diversion channel was then planted with Arundo donax to stabilize the channel banks. Today, while most of the arundo has been removed, the only native vegetation along the 700‐foot channelized portion includes a few scattered coast live oaks and arroyo willows. At the end of this channel, flows are carried over a grade stabilization structure that creates a 25‐foot drop to the Ventura River floodplain.

Rice Creek’s historic channel was effectively dewatered when the creek was diverted to the man‐made channel. However, a 1,700‐foot long depression along its historic course through the orange grove is visible today and continues to carry surface runoff to a 1,200‐foot section of remnant riparian corridor between the orange grove and Rice Creek’s historic confluence with the Ventura River. Though this remnant section is degraded due to altered hydrology and infestation of Arundo (currently being removed), native riparian vegetation includes large sycamores and willows, as well as coast live oaks.

The project site is a 64‐acre orange grove (Fig. 2) that was abandoned when OVLC took ownership of the property in 2003. It is bounded on the west by the Robles Diversion Water Canal and access road, and on the east by a 15 to 40‐foot high terrace that drops to the floodplain of the Ventura River.

Irrigation of the grove ceased in 2006 and most of Existing culvert outlet on Rice Cr. the orange trees are stressed and dying. Ground cover consists of invasive non‐native plants such as various thistles, mustard and brome grasses.

Currently, Rice Creek and the orange grove provide very little habitat value other than for disturbance‐ adapted species such as ground squirrels. Bird nesting in orange trees is minimal although some bird species do forage in the orange grove area. Within some areas of the orange grove, natural recruitment

of native plant species has occurred to some extent (coast live oak, laurel sumac, toyon, mulefat, coyote brush, California sagebrush, black sage, and pearly everlasting).

In 1992, a small diesel spill occurred where the historic channel of Rice Creek leaves the orange grove and moves into the remnant strip approximately 1,200 ft upstream of where the creek historically joined the Ventura River. In 2008‐2009, OVLC assessed the remaining contaminants with funds from Department of Toxic Substances Control and oversight from Ventura County’s Voluntary Cleanup Program (VCVCP). Results indicate that the remaining concentrations of Total Petroleum Hydrocarbons as Diesel meet the commercial requirements thus Ventura County Voluntary Cleanup Program (VCVCP) will allow OVLC to leave the contaminants in place with assurance that they will not be remobilized by realigning Rice Creek. The project plan accounts for this by re‐locating the confluence of the restored channel and the remnant channel away from the historic spill area.

Earthwork – Excavation and Fill Earthwork for the project will consist of modifications at the upstream and downstream extents of the project site. At the upstream end, the existing channel will be plugged to divert water into the historic channel. It will also be necessary to configure the confluence of the new channel with the remnant historical channel. Two design alternatives were analyzed for diverting the stream from the existing diversion and back into the historic channel (See Alternatives Report). Alternative 2 was chosen because it lengthens the channel and results in a smoother interface between the existing and new channels. It requires some additional grading and fill, but will also preserve some existing oak trees.

A pool structure was added in the upstream reach to help manage water velocity and to create more aquatic habitat. The flow of Rice Creek is being directed into a remnant channel still existing on the site. Therefore, the project does not require excavation of the new channel. This approach was chosen because the historic channel is stable and already stabilized with grasses that will prevent erosion of the new channel. 5

Grading plan details are based on information developed in Attachment A, Rice Creek Restoration: Alternatives and Hydraulic Analysis Report, and the attached Hydrology Appendix. The dimensions of the constructed channel sections have been based on hydrologic modeling using the HEC‐RAS model. Based on model runs, the new channel will be approximately 10 feet wide at the channel bed and bank slopes will be shallow at approximately 3:1. The channel shape will provide stable banks for supporting native riparian plants. The channel route will follow the historic route of the stream as indicated by the existing depression that currently exists on the site, and illustrated on the plan view diagram Figure 3. A typical channel cross‐section of the upstream diversion structure is shown in Figure 4. The downstream road crossing will have a similar cross‐ section, but a portion will be left unplanted for vehicular access.

Armoring will be necessary on 2 sections of the new channel due to higher water velocities. These areas include the initial diversion of the stream into the new channel, and the new confluence area where the new channel joins the historic remnant channel. At the downstream location, an armored road crossing will be constructed as part of the new confluence zone. This will provide seasonal access to portions of the site Figure 4. Cross‐section of diversion structure and will also serve as the gradient control for the downstream end of the project during high flows. The grade control will prevent head‐ cutting of the new channel and prevent sedimentation downstream. The design calls for a low‐water crossing in order to avoid using a new culvert that may change the hydrology on the site and require additional hard structure for energy dissipation. Low seasonal flows will continue to flow through the existing culvert under the road as this route has been stable for a long time and the routing safely conveys water around the historic petroleum spill area without additional excavation.

The confluence zone for the new channel and the historic remnant channel is being moved approximately 50 feet southwest to avoid the area that was affected by a historic petroleum spill and the remaining groundwater monitoring wells being used to monitor the spill. A berm is planned near the spill area to prevent the stream from migrating into the area historically affected by the spill. There is currently no surface expression of the spill and proposed excavation will avoid the spill area and the existing groundwater monitoring wells on the site.

Excavation volumes for the chosen alternative are shown below:

Earthwork (CY) Facing Class Rip Rap (CY)

Alternative Excavation Fill (Berm) Diversion Bend Fair Weather crossing

Alternative 1 186 30 167 181

Alternative 2 213 30 304 181

Only a portion of the fill material described for the “Diversion Bend” will occur in an area currently considered Waters of the United States”.

Earthwork is scheduled for October of 2011. The timing ensures that the site will be dry during construction, limiting potential impacts on aquatic habitats and species.

Erosion Control Protecting the graded portions of the site will require attention to erosion control practices. Preventing erosion is important for both protecting the new channel from water damage, but also for preventing sedimentation of waterways downstream of the project site. The following practices will ensure that erosion is managed effectively.

1. Mulching. All disturbed areas of the worksite will be covered with a layer of wood‐chip mulch to a depth sufficient to prevent erosion. The mulch will be generated on‐site by chipping the remains of orange trees removed from the property to make space for the stream re‐alignment.

2. Bank Protection. The new channel banks between the upstream diversion and downstream confluence are currently covered in grass and will not be disturbed. They will be further protected with a combination of native vegetation and a thicker layer of mulch measuring 3‐4 inches. In some locations, Coir™ netting (Coir material is made from shredded coconut husks, is biodegradable, and chemically inert) may be installed. The channel will remain stable with the installation of native vegetation as flow modeling shows fairly low flow velocities.

3. Revegetation. The entire riparian area will be re‐vegetated using native plant species found growing locally. Because Rice Creek is ephemeral, the plant palette will consist of a mix of riparian and coastal sage scrub species. This mix will ensure live vegetation in a relatively dry area. Plants will be planted at a relatively high density to establish more complete coverage in a shorter time period (see planting plans).

Revegetation Planting Plans Each of the newly stabilized banks on the larger project site will be revegetated using locally sourced native plant stock, with stock coming from Ventura County. Prior to planting, the graded slopes will be 7

covered with 3 inches of wood‐chip mulch and, and if necessary Coir™ netting. This will prevent erosion while new plants become established, as well as retain soil moisture and suppress annual grasses and other weeds. The project does not propose hard channel bank toe protection on the new channel. Modeled water velocities indicate that vegetation should be sufficient to stabilize the new channel banks. This section describes the planting methodologies and proposed monitoring methods.

Planting Methods Plants used in this project will consist of species native to the riparian corridors throughout the Ventura River watershed. Because Rice Creek carries relatively small flows and the site is generally dry in the summer, the plant palette will consist of a mix of riparian species and coastal sage scrub species. As with other smaller drainages in the larger watershed, the dominant tree type will be mostly coast live oak with some sycamores. Willows will be planted to stabilize the channel banks, but will be mixed with mule fat as a backup in case water is insufficient. The listed plants are well suited for restoration purposes and the plant palette represents a common adaptation toward drier climates expected due to global climate change impacts. Substitutions or changes in plant ratios may be made in the plant palette in the event that the listed species are unavailable.

Plant Palette:

Shrubs Common Name Sci Name Percentage Coyote Brush Baccharis pilularis 25% Monkey Flower Mimulus 5% Elderberry Sambucus mexicana 15% Black Sage Salvia melifera 10% Holly-leaved cherry Prunus ilicifolia 5% CA Buckwheat Eriogonum fasciculatum 5% Mule Fat Baccharis salicifolia 10% Mugwort Artemesia douglasiana 10% CA Sagebrush Artemesia californica 10% Holly-leaf Redberry Rhamnus ilicifolia 5% 100% Trees Coast Live Oak Quercus agrifolia 30% CA Sycamore Platanus racemosa 25% Arroyo Willow Salix laseolepsis 30% Laurel Sumac Malosma laurina 15% 100%

Planting densities will be variable on this site. Because Rice Creek is an ephemeral drainage that does not carry water all year, it is not expected to support an expansive riparian corridor. Similar drainages in the area only support a riparian corridor of about 20 feet wide before the soil moisture drops and the habitat types change. The project goal on this site is to establish riparian corridors that are 20 feet wide on each bank (riparian zone) and establish a 10 foot buffer area on each bank to transition the habitats to coastal sage scrub and into native grassland / savanna habitats (Buffer zone). These ecotonal areas will have varying densities.

In the riparian zones, tree species will be planted in an irregular pattern at approximately 10 foot centers and shrubs will be installed at approximately 3 foot centers in a corridor measuring 20 feet wide on each bank of the new channel. The planting density for the buffer zone will be reduced in the outer 10 feet of the planting corridor as the site transitions into the planned native grasslands. In these areas, trees will be planted on 20 ft centers and shrubs on 8 foot centers. Open areas between plants will be seeded with native grasses.

Plants will be installed into holes dug to the depth of a 1 gallon container and diameter 1‐2 inches wider in diameter than the 1 gallon container. The holes will be flooded prior to plant installation and a water well capable of holding 2 or more gallons of water will be created around each plant. Following installation, the plant will be watered to fill the water well. Mulch will surround each plant to a depth of 4 inches in an area measuring 3 feet in diameter. Attachment B contains the planting diagram.

Each species of plant will be planted on the site according to its moisture needs and ecological function. Those plants requiring more water will be planted lower on the slopes and plants requiring less water will be planted higher up the banks.

The total number of plants estimated for the revegetation is approximately 9,000. The plants will be installed in phases, focusing initially on the immediate banks of the new channel (riparian zone). Upland buffer vegetation will be installed once the bank planting is complete. It may take a second season of planting to complete the upland buffer strips. The seeding of open areas in the buffer zones will be done in the second season following a season of management for existing non‐native grasses.

Project Timing and Irrigation: Planting will be undertaken in the fall to best take advantage of coming winter rains. However, rain is unpredictable in this part of the state and contingency plans need to be made for irrigation. It is expected that the project site will require irrigation at some points in the beginning stages to get the plants established. Water is available on‐site from a pipeline that traverses

the property. The OVLC is entitled to a sufficient amount of the water in this pipeline to handle irrigation. There is also an existing water storage tank on the property to assist in water distribution. Irrigation will be done with a combination of direct hand watering with a hose connected to PVC hard line (2 in.), and some overhead irrigation. Soil moisture will be monitored weekly on the site for the first month to ensure that plants are getting adequate water and not being over‐watered. Irrigation will begin on a cycle of once each 10 days and be adjusted based on monitoring and weather conditions.

Project Maintenance Project maintenance will consist primarily of ongoing weed management and irrigation. Weeds in the planting areas will be managed by hand using manual methods. There are no plans to use herbicides in the planted area, although they may be on sections of the existing (to be retired) channel of the stream to manage arundo donax. The site will be inspected at least once each 10 days during the first 7 months to assure that the irrigation system is functioning and that plants are receiving proper care. A visual inspection of weed threats will also be made during these times.

On netted slopes with an underlying mulch layer, weed growth is usually minimal and easily managed. On un‐netted revegetation areas, the weeds will be managed primarily by manual processes.

Monitoring Plans and Performance Standards This section describes the methods used to monitoring the success of the revegetation aspects of the project and sets performance standards that define the relative success of the project.

Vegetation monitoring will make use of line transects and a 1 meter measuring quadrat to measure native plant cover and biodiversity in the revegetation area. The total linear length of the project is 1,700 feet. To ensure that success is measurable over the whole length of the project, monitoring nodes will be established that ensure that measurement is capturing conditions across the site.

Methods:

1. The project site will be divided into 10 monitoring nodes, each measuring 170 feet in length. Within each node, a single random transect will be chosen. A random number chart or digital randomization device will be used to choose a number between 1 and 170. This number will describe the location of the transect.

2. The transect will be oriented perpendicular to the flow of the new channel and will extend a distance of 75 feet (30 feet of planted area for each bank and 15 feet of channel bed). The channel bed itself will be left out of the monitoring protocol as it will not be planted.

3. The monitoring quadrat will be placed along the transect line beginning at the outside edge of the planted area. The percentage cover of all plants and bare ground will be visually estimated within the quadrat. The quadrat will then be moved in increments of 6 feet from the end of the prior placement. For example, the first placement will cover 0‐3 feet. The next placement will begin at 9 feet (9’‐12’), and the remainders will be 18‐21 feet and 27‐30 feet. The measurement

will skip the channel bed and resume on the opposite bank starting at 45 feet. A total of 8 quadrat placements will occur for each transect.

4. The percent cover for each species will total 100% for each quadrat placement. These will be divided into native species, non‐native species, and bare ground for monitoring metrics. The percentages of the metrics will be totaled and divided by 8 to yield the total coverage for each of the 10 transects. These will then be added and divided by 10 to yield performance for the whole site.

5. Biodiversity will be assessed by determining the number of individual native species found in each transect. These numbers will be added up for all 10 transects and divided by 10 to yield the average diversity for the site.

6. Field Log: an informal field log will be filled with entries based on regular site visits undertaken at least once each month for the first year. Items noted will include observations of mortality for installed species. For expired plants, an effort will be made to understand the cause of mortality and log individual species for the purpose of identifying species that are not adapting to the site. If specific species are failing to adapt, these will not be used in any remedial plantings.

7. Photography will be used to assess plant vigor, vertical development, and plant coverage. Permanent photo points will be established prior to planting. The photo points will be located outside of the planted area and established at oblique angles to capture the vigor of the site. Photo points will cover the entire planted area. While none of the performance standards relate to photography, photos can be an excellent way of assessing the general conditions of the site and whether appropriate ecological development is happening.

Performance Standards:

The following standards will be used to asses project success. It is anticipated that several years of work will be required to establish native plants on the site to reach these standards.

1. Native Cover: The project will be considered successful when native plants cover 80% of the planted area.

2. Biodiversity: This metric is difficult to quantify because biodiversity is often a function of seral development on the site. In the early years of a project biodiversity may be limited to the species installed, particularly pioneer species that expand and fill space quickly. Biodiversity may expand as the site begins to recruit native plants from surrounding areas. As the site matures, biodiversity tends to reduce as higher level plants consume more space and shade out pioneer species. For the 5‐year monitoring term, we will consider the project successful if the average transect contains 3 or more species.

3. Vigor: Photography will be used to assess vigor and vertical development. No specific performance standard has been set for vigor, but a general description of site conditions, including a measure of height for pictured areas, will be included with the monitoring report.

Monitoring Schedule:

Annual monitoring of the site is planned for April each year. This is the best time to monitor the site because deciduous plants will have established leaves and annual vegetation is still viable and more easily identified. It is anticipated that monitoring will be ongoing until performance standards are met.

Contingency Measures:

The following steps will be taken if the project is not trending toward meeting of the performance standards. The performance standards apply to the entire site, and it is common for portions of a site to perform better than other portions.

1. Annual monitoring results will be compared to prior years to establish whether a trend is forming that indicates that the site is moving toward meeting the performance standards.

2. If percent cover of native species is not trending toward success, additional plants will be installed to fill gaps in the vegetation.

3. If mortality of any specific species is significant based on the monthly progress logs, then any replanting will be undertaken with another similar species of plant.

4. If plant mortality is caused by lack of water, the irrigation regime will be adjusted to provide additional water.

Special Status Species Considerations and Avoidance Measures According to the California Natural Diversity Database (CNDDB) (Table 1), at least 26 special status species inhabit or utilize the riparian corridor along the Ventura River.

Potentially Affected Species Table 1. Special Status Wildlife and Plant Species of the Ventura River Watershed

Scientific Name Common Name Status1 Habitat

1 FE: federally listed as endangered FT: federally listed as threatened FSC: federally listed species of concern SC: state candidate SE: state listed as endangered SSC: state species of special concern ST: state listed as threatened 12

Scientific Name Common Name Status1 Habitat Mammals Antrozous pallidus Pallid bat SSC Deserts and canyons. Roosts in buildings and crevices, caves, mines, hollow trees, and cliff overhangs.

Eumops perotis californicus Western mastiff bat FSC, SSC Arid to semi-arid habitats including conifer and deciduous woodlands, coastal scrub, grasslands and chaparral. Roosts in crevices in cliff faces, buildings, and trees. Birds Accipiter cooperii Cooper’s Hawk SSC Nests mainly in riparian trees and live oaks in canyon bottoms and river floodplains.

Athene cunicularia Burrowing owl SC, SSC Burrow sites are located on open, dry annual or perennial grasslands, deserts and scrublands and are characterized by low growing vegetation.

Charadrius alexandrinus Western snowy plover FT Sandy beaches, salt pond levees, and shores of large alkali nivosus lakes. Requires sand, gravel or friable soils for nesting.

Dendroica petechia brewsteri Yellow warbler SSC Nests in riparian forests particularly in willows, cottonwoods, sycamores and alders. Also nests in montane shrubbery in open conifer forests.

Empidonax traillii extimus Southwestern willow FE, SE Riparian woodlands in southern California flycatcher

Gymnogyps californianus California condor FE, SE Vast expanses of open savannah, grasslands and foothill chaparral in mountain ranges of moderate altitude. Nests in clefts in rocky walls along deep canyons.

Icteria virens Yellow-breasted chat SSC Summer resident of riparian thickets of willow and other brushy tangles. Nests within 10 ft of ground.

Passerculus sandwichensis Belding’s savannah sparrow SE Inhabits coastal salt marshes. Nests around margins of tidal beldingi flats on Salicornia.

Pelecanus occidentalis California brown pelican FE, SE Colonial nester on coastal islands. californicus

Polioptila californica californica Coastal California FT Obligate, permanent resident of coastal sage scrub below gnatcatcher 2500 ft particularly in arid washes, on mesas and slopes.

Sterna antillarum browni California least tern FE, SE Nests along the coast. Colonial breeder on bare or sparsely vegetated, flat substratum; sand beaches, alkali flats, land fills or paved areas.

Vireo bellii pusillus Least Bell’s vireo FE, SE Summer resident of southern California in low riparian in vicinity of wet or dry river bottoms. Nests placed along margins of bushes usually on willow, or Baccharis. Reptiles Aspidoscelis tigris stejnegeri Coastal western whiptail SSC Found in deserts and semi-arid areas with sparse vegetation and open areas. Also found in woodland and riparian areas. Ground may be firm soil, sandy or rocky.

Emys (=Clemmys) marmorata Southwestern pond turtle SSC Inhabits permanent or nearly permanent bodies of water pallida below 6000 ft. Require basking sites such as partially submerged logs, vegetation mats or open mud banks. Can nest on high dry banks along wetted stream channels.

Thamnophis hammondii Two-striped garter snake SC, SSC Found along coastal California from sea level to 7000 ft. Highly aquatic, found in or near permanent fresh water along streams with rocky beds and riparian growth. Amphibians

SFP: The Fish and Game Codes sections dealing with Fully Protected species state that these species “…may not be taken or possessed at any time and no provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected” species, although take may be authorized for necessary scientific research. 13

Scientific Name Common Name Status1 Habitat

Rana aurora draytonii California red-legged frog FT, SSC Lowlands and foothills in or near permanent sources of water with dense shrubby or emergent riparian vegetation.

Spea hammondii Western spadefoot toad FSC, SSC Occurs primarily in grassland habitat but can be found in valley-foothill hardwood woodlands. Vernal pools are essential for breeding and egg laying.

Taricha taricha torosa Coast range newt SSC Found in coastal drainages. Breeds in ponds, reservoirs and slow moving streams. Fishes Eucyclogobius newberryi Tidewater goby FT, SSC Brackish water habitat along the California coast in shallow lagoons and lower stream reaches. Require still but not stagnant water with high DO levels.

Gila orcutti Arroyo chub SC, SSC Slow water stream sections with mud or sand bottoms. Feed heavily on aquatic vegetation and associated invertebrates.

Oncorhynchus mykiss Southern steelhead trout FE, SSC Anadromous. Over-summer in deep pools with cool clear water and shade cover. Spawn in gravel beds. Plants

Baccharis plummerii Plummer’s baccharis List 4.3 Broadleafed upland forest, chaparral, coastal scrub. 5-425 m

Fritillaria ojaiensis Ojai fritillary List 1B Broadleafed upland forest, chaparral, lower montane coniferous forest. 300-670 m

Malacothamnus davidsonii Davidson’s bush mallow List 1B Coastal scrub, chaparral, riparian woodland on sandy washes. 180-855 m

Mammals

The listed mammals are both bats. Though they may access the site from time to time, the project site does not contain any nesting habitat for these species. It is unlikely that the project would impact either species.

Birds

Federally listed birds that may occupy nearby riparian areas include least Bell’s vireo and southwestern flycatcher. The project site is outside of the current range for coastal CA gnatcatcher and the remaining listed birds are associated with other habitat types. The least Bell’s verio and southwestern willow flycatcher have not been observed on the projects site and a survey by the USFWS as part of a Safe Harbor Agreement covering the project site did not list either of these species as present. The baseline report for the FWS agreement indicates that suitable habitat for these species is not currently found on the project property and no critical habitat designation covers the project site.

It is unlikely that the project will affect birds in general as it will occur outside of the nesting season for most bird species and no mature native trees will be removed. The project goal, however, is to avoid impacts to all birds on the site. Avoidance measures described below offer protections for all bird species.

Reptiles

The only reptile that may be encountered during the project is the southwestern pond turtle. While the site is some distance from any wetted area in the summer, there is a remote possibility of this species finding the construction site. The site will probably be too dry for two‐striped garter snakes as they tend to stay closer to water. When complete, the project may create additional habitat for both species at least seasonally. Avoidance measures describe how potential impacts can be reduced.

Amphibians

Of the listed amphibians, only the CA red‐legged frog, and possibly the coast range newt may be present near the project site. Because the site will be dry, these species are not anticipated during the summer construction season. Because they may possibly be present in the area, however, avoidance measures are proposed to reduce potential impacts. More information regarding CA red‐legged frog habitats can be found in the description of the existing Safe harbor Agreement below.

Fish

There will be no direct impacts to any listed fish species because the project will be constructed when the existing stream channel is dry. The historic channel has no summer flow either, so there will be no fish on site. It is possible that once flow is introduced to the new channel that impacts resulting from sediment mobilization could impact fish in the Ventura River. However, the project design includes elements designed to minimize these temporary construction impacts.

Plants

Of the plants listed above, none are anticipated to be found on the project area. Current vegetation in the project area consist mostly of non‐native plants, including grasses, and remnants of the historic orange orchard. Some native plants are becoming established within the remaining orchard, including coyote brush and coast live oak. The oaks are generally small (Under 3 IBH). Every effort will be made to protect these trees during construction, but some may need to be removed in the grading area. Where practical, these trees may be transplanted. Avoidance measures described below include measures to identify and protect any rare plants found on the site and as many other native plants as possible.

Safe Harbor Agreement (USFWS) The project site is currently covered under a Safe Harbor Agreement (SHA) with the United Stated Fish and Wildlife Service (USFWS), approved in February 2010. The SHA covers the California Red‐Legged Frog (Rana aurora draytonii), Least Bell’s Vireo (Verio bellii pusillus), and Southwestern Willow Flycatcher (Empidonax traillii extimus) (Covered Species) on lands owned by the Ojai Valley Land Conservancy. This project proposal is for work on lands covered by this agreement. The SHA describes baseline conditions for the covered species for each of the covered properties.

For the Ventura River Preserve (VRP), baseline conditions were established for the CA red‐legged frog and include 2.8 acres of aquatic and upland habitat on Sycamore Creek and 2.8 acres of Olive Creek. Rice Creek (Project location), Wills Creek, and the Ventura River were note listed due to the lack of suitable habitat.

For least Bell’s verio, the finding in the SHA was that although they had been observed in the Ventura River area 1.5 miles south of the Ventura River Preserve, they have not be observes on the Preserve and there is currently no suitable habitat for this species within the VRP. The baseline for least Bell’s verio has been set at zero.

For the southwestern willow flycatcher, there are no records of the species on or near the VRP. The nearest observation of this species is 19 miles northwest. The SHA states that there is currently no suitable habitat for this species and the baseline has been set as zero.

Finally, the SHA resulted in the issuance of an Enhancement of Survival Permit under section 10(a)(1)(A) of the Endangered Species Act. Also provided by the SHA is an incidental take authorization for the target species that is specific to individuals and progeny of covered species that are introduced onto the site or increased in numbers or distribution above the baseline numbers. The SHA clearly states that the document does not relieve the holder of the necessity for adhering to existing laws.

Avoidance Measures Most project activity will occur outside of any areas currently supporting riparian or wetland habitats, and the timing of the project avoids the nesting season for listed birds. Both the upstream and downstream extents of the project, however, connect the new Rice Creek channel to riparian type habitats. At the upstream extent, the new channel will interface with the current active channel. During construction, however, this section of the stream will be dry. At the downstream extent, the new channel interfaces with an historic remnant channel that does support riparian plants, yet only has surface flow during storms. Because the project site will be dry, impacts to special status aquatic species are not expected.

While impacts are not expected, there is a remote possibility that some listed species can find the site during construction. Therefore, the following avoidance measures will be implemented during the construction period to reduce the likelihood of impacts to these species.

1. Project Timing. The project site grading will be implemented between September 1, 2011 and October 31, 2011. This period avoids nesting seasons for listed birds and ensures that the project site and adjacent Rice Cr. will be dry. This reduces the probability of impacts to any wetland or riparian species.

2. Protection of Native Vegetation.

a. To protect native vegetation, heavy equipment will be limited on the site to an established and marked work area. Access routes around the project site will be established to avoid driving over native vegetation that is being retained on the site.

b. All mature oak trees will be clearly marked with construction fencing on the work site so they may be avoided. No equipment storage will occur under the drip lines of native trees to reduce soil compaction and prevent potentially harmful leakage from impacting trees.

c. Some native vegetation needs to be removed, but these will be replaced in the revegetation phase of the project. The revegetation project will include approximately 10,000 plants, so any removed vegetation will be mitigated many times over. No mature native trees will be removed or damaged.

d. Competing non‐native vegetation will be removed from the restoration area to enhance the success of native species. Weed removal activities will be concentrated during the spring months and into the early summer. Weed management will primarily consist of manual removal of non‐native plants. For Aruno donax in the immediate work area, a glyphosate herbicide approved for use in aquatic areas, such as AquaMaster™, will be used. Herbicide will be applied using a cut‐stump method where the cane is cut and herbicide is painted on the stock with a specialized applicator. Follow‐up treatments may be necessary. Any surfactants used will be non‐ionic. Any chemical applications will 17

be undertaken by a licensed herbicide applicator and follow all laws and regulations regarding their use. No spray applications will be permitted when wind velocity excludes 5mph. Any chemicals will be stored in secure locations outside of the work site.

3. Removal of Vegetation. Vegetation removed during construction will be placed in a designated location outside of the stream channel. Any temporarily removed vegetation will be cut to ground level with hand tools so it may grow back after construction.

4. Heavy Equipment. All heavy equipment will be washed prior to entering the site to prevent transport of invasive plant species onto the site.

a. All heavy equipment fueling or servicing will occur in a designated staging area that is at least 100 feet from the existing or restored channel of Rice Creek.

5. Biological Monitoring.

a. Prior to construction, field surveys will be conducted for California red‐legged frogs. The surveying biologist will be approved by the U.S. Fish and Wildlife Service (USFWS). If CA red‐legged frogs are present on the work site, they will be moved by an approved biologist following current protocols acceptable to the USFWS. In addition, if CA red‐ legged frogs are found on the site, all project personnel will attend a training presented by an approved biologist on the identification and avoidance of impacts to the species.

b. An approved biological monitor will be on site at least twice each week during construction to observe the site and survey for listed species. If any species is found, it will be relocated to an approved relocation area designated prior to project commencement.

c. Where practical, exclusion fencing may be used to keep listed species from returning to the site.

d. Field notes from the biological monitor will be submitted to relevant agencies upon completion of the project unless listed species are found. If listed species are found, the field notes will be submitted within a week of the occurrence.

6. Stream stabilization. No concrete will be used for any structures on the site.

7. Site Hygiene. Following construction, the site will be cleaned to reduce impacts to the stream.

a. No debris capable of being transported downstream or impacting listed species will be left in the stream channel. Erosion control practices will be installed to prevent erosion of loose soils. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, construction waste, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed off‐ 18

site by rainfall or runoff. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake.

b. At the end of each work day, all trash will be removed from the site. No food remains will be left on the site that might attract predators to listed species.

8. Resource Protection

a. The project will be scheduled to commence after September 1 to prevent impacts to nesting birds.

IV. Attachments

Attachment A – Rice Creek Restoration – Alternatives and Hydraulic Analysis Report; and Hydrology Appendix

Attachment B – Project Site Photography

Attachment C – Grading Plan

Attachment A – Rice Creek Restoration – Alternatives and Hydraulic Analysis Report; and Hydrology Appendix

Attachment B – Project Site Photography

Attachment C – Project Grading Plan

Attachment D – Draft CEQA Document – Categorical Exemption

15333. Small Habitat Restoration Projects. Class 33 consists of projects not to exceed five acres in size to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife provided that:

(a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to section 15065,

(b) There are no hazardous materials at or around the project site that may be disturbed or removed, and

(c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.

(d) Examples of small restoration projects may include, but are not limited to:

(1) revegetation of disturbed areas with native plant species; (2) wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat; (3) stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish; (4) projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment. (5) stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; and (6) culvert replacement conducted in accordance with published guidelines of the Department of Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation.