FINAL ENVIRONMENTAL ASSESSMENT LYTTON RESIDENTIAL DEVELOPMENT VOLUME II

MAY 2011

Lead Agency: U.S. Department of the Interior Bureau of Indian Affairs Pacific Region Office 2800 Cottage Way, Room W-2820 Sacramento, CA 95825-1846 FINAL ENVIRONMENTAL ASSESSMENT LYTTON RESIDENTIAL DEVELOPMENT VOLUME II

MAY 2011

Lead Agency: U.S. Department of the Interior Bureau of Indian Affairs Pacific Region Office 2800 Cottage Way, Room W-2820 Sacramento, CA 95825-1846

Prepared By: Analytical Environmental Services 1801 7th Street, Suite 100 Sacramento, CA 95811 (916) 447-3479 www.analyticalcorp.com TABLE OF CONTENTS LYTTON RESIDENTIAL DEVELOPMENT – VOLUME II FINAL ENVIRONMENTAL ASSESSMENT

REVISED EA

Executive Summary ...... ES-1

1.0 INTRODUCTION 1.1 Introduction ...... 1-1 1.2 Location and Setting ...... 1-1 1.3 Purpose and Need for the Proposed Action ...... 1-6 1.4 Overview of the Environmental Process ...... 1-7 1.5 Environmental Issues Addressed ...... 1-7 1.6 Regulatory Requirements and Approvals ...... 1-8

2.0 PROPOSED PROJECT AND ALTERNATIVES 2.1 Alternative A – Proposed Project ...... 2-1 2.2 Alternative B – Onsite Water and Wastewater ...... 2-10 2.3 Alternative C – Reduced Intensity with Onsite Water and Wastewater ...... 2-14 2.4 Alternative D – No Action Alternative ...... 2-17 2.5 Comparision of the Proposed Project and Alternatives ...... 2-17

3.0 DESCRIPTION OF AFFECTED ENVIRONMENT 3.1 Land Resources ...... 3-1 3.2 Water Resources ...... 3-8 3.3 Air Quality ...... 3-15 3.4 Biological Resources ...... 3-24 3.5 Cultural Resources ...... 3-49 3.6 Socioeconomic Conditions / Environmental Justice ...... 3-59 3.7 Transportation and Circulation ...... 3-63 3.8 Land Use ...... 3-66 3.9 Public Services ...... 3-74 3.10 Noise ...... 3-79 3.11 Hazardous Materials ...... 3-82 3.12 Visual Resources ...... 3-85

4.0 ENVIRONMENTAL CONSEQUENCES 4.1 Alternative A – Proposed Project ...... 4-1 4.2 Alternative B – Onsite Water and Wastewater ...... 4-27 4.3 Alternative C – Reduced Intensity with Onsite Water and Wastewater ...... 4-42 4.4 Alternative D – No Action Alternative ...... 4-53 4.5 Cumulative Effects ...... 4-55 4.6 Indirect and Growth-Inducing Effects ...... 4-63

Analytical Environmental Services i Lytton Property Residential Development May 2011 Final Environmental Assessment

5.0 MITIGATION MEASURES 5.1 Land Resources ...... 5-1 5.2 Water Resources ...... 5-2 5.3 Air Quality ...... 5-3 5.4 Biological Resources ...... 5-6 5.5 Cultural Resources ...... 5-10 5.6 Socioeconomic Conditions / Environmental Justice ...... 5-11 5.7 Transportation and Circulation ...... 5-11 5.8 Land Use ...... 5-11 5.9 Public Services ...... 5-12 5.10 Noise ...... 5-13 5.11 Hazardous Materials ...... 5-13 5.12 Visual Resources ...... 5-14

6.0 CONSULTATION, COORDINATION AND LIST OF PREPARERS 6.1 Federal Agencies Consulted ...... 6-1 6.2 State Agencies Consulted ...... 6-1 6.3 Tribes Consulted ...... 6-1 6.4 Local Agencies Consulted ...... 6-2 6.5 Preparers of Environmental Assessment ...... 6-2

7.0 BIBLIOGRAPHY ...... 7-1

LIST OF TABLES

ES-1 Summary of Potential Impacts, Mitigation Measures and Signficance ...... ES-11 1-1 Assessor’s Parcel Numbers within the Project Site (New Table) ...... 1-5 2-1 Summary of Development Alternatives ...... 2-2 2-2 Tribal Community Development – Onsite Facilities ...... 2-5 3-1 Project Site Soils (Revised) ...... 3-2 3-2 Water Quality Objectives of Inland Surface Waters ...... 3-12 3-3 Water Quality Objectives for the Russian River (Revised) ...... 3-13 3-4 Mark West Creek Flow Data (Revised) ...... 3-14 3-5 National Ambient Air Quality Standards (Revised) ...... 3-22 3-6 Exceedances of NAAQS in the SFBAAB (Revised) ...... 3-23 3-7 Summary of Habitat Types Within the Project Site (Revised) ...... 3-35 3-8 Summary of Arbor Survey Results (Revised)...... 3-41 3-9 Federal Special Status Species with Potential to Occur in Project Site (New Table) .... 3-42 3-10 Regionally Occurring Non-Federal Special Status Species (Revised) ...... 3-42 3-11 Sonoma County Population 2000-2008 ...... 3-60 3-12 Lytton Rancheria Population and Labor Force Estimates ...... 3-60 3-13 Level of Service for Signalized Intersection ...... 3-64 3-14 Level of Service for Unsignalized Intersections ...... 3-64 3-15 Existing Level of Service and Average Delay of Study Intersections (Revised)...... 3-65 3-16 Public Schools ...... 3-78 3-17 Noise Level Performance Standards ...... 3-81 4-1 Water Demand for the Proposed Project ...... 4-4 4-2 Summary of Influent Flow and Load Projections (Revised) ...... 4-4

Analytical Environmental Services ii Lytton Property Residential Development May 2011 Final Environmental Assessment 4-3 Mitigated (Unmitigated) Construction Emissions – Alternatives A and B (Revised) ..... 4-7 4-4 Unmitigated Operational Emissions – Alternatives A and B (Revised) ...... 4-7 4-5 Greenhouse Gas CO2 Equivalent (New Table) ...... 4-8 4-6 Alternatives A and B GHG Emissions (New Table) ...... 4-9 4-7 Anticipated Impacts to Habitat Types – Alternative A (Revised) ...... 4-11 4-8 Tree Impact Summary for Each Project Alternative (Revised) ...... 4-12 4-9 Proposed Project Trip Generation Estimates ...... 4-17 4-10 Level of Service Summary for Background Plus Project Conditions (Revised) ...... 4-19 4-11 Typical Construction Noise Levels ...... 4-25 4-12 Effluent Storage and Irrigation Estimates (New Table) ...... 4-31 4-13 Anticipated Impacts to Habitat Types – Alternative B (New Table) ...... 4-36 4-14 Alternative B Trip Generation Estimate ...... 4-37 4-15 Mitigated (Unmitigated) Construction Emissions- Alternative C (Revised) ...... 4-44 4-16 Mitigated (Unmitigated) Operational Emissions: Reduced Intensity Alternative (Revised) ...... 4-45 4-17 Alternative C GHG Emissions (New Table) ...... 4-46 4-18 Anticipated Impacts to Habitat Types- Alternative C (New Table) ...... 4-47 4-19 Reduced-Intensity Alternative Trip Generation Estimate ...... 4-48 4-20 Alternatives A, B, and C Cumulative Emissions ...... 4-58 4-21 Level of Service Summary for Cumulative Plus Project Conditions (Revised) ...... 4-61 5-1 Estimated GHG Emissions and Quantification of Mitigation Reductions (New Table) . 5-5 5-2 Summary of Mitigation Ratios for the Federally Listed Plants of the Santa Rosa Plain ...... 5-9

LIST OF FIGURES

1-1 Regional Location ...... 1-2 1-2 Site and Vicinity ...... 1-3 1-3 Aerial Parcel Map ...... 1-4 2-1 Site Plan – Alternative A ...... 2-3 2-2 Site Plan – Alternative B ...... 2-11 2-3 Site Plan – Alternative C ...... 2-15 3-1 Regional Fault Map ...... 3-3 3-2 Ground Shaking Intensities Along the Healdsburg-Rodgers Creek Faults ...... 3-4 3-3 Soils Map ...... 3-5 3-4 FEMA Flood Zones ...... 3-11 3-5 Air Management District Boundaries (New Figure) ...... 3-16 3-6 Sonoma County Land Use and Zoning Map ...... 3-67 3-7 Town of Windsor Land Use Designations ...... 3-69 3-8 Williamson Act Map ...... 3-71 3-9 Farmland Mapping & Monitoring Program (FMMP) Designations ...... 3-73 3-10 Site Photographs ...... 3-87

Analytical Environmental Services iii Lytton Property Residential Development May 2011 Final Environmental Assessment EXECUTIVE SUMMARY LYTTON RESIDENTIAL DEVELOPMENT – FINAL ENVIRONMENTAL ASSESSMENT

ES.1 INTRODUCTION

The Environmental Assessment (EA) for the proposed Lytton Rancheria of California Fee-to- Trust and Residential Development Project, dated July 2009 (SCH #2009074006) was submitted to the State Clearinghouse and released for public and agency review for a 30-day comment period beginning on July 30, 2009 and ending on August 31, 2009. Additional extensions to the 30-day comment period were granted by the U.S. Bureau of Indian Affairs (BIA). This Final EA has been prepared for the BIA to support an application from the Lytton Rancheria of California (Tribe) for land to be placed into federal trust (Proposed Action). The BIA is the federal agency that is charged with reviewing and approving tribal applications to take land into federal trust status. This three-volume Final EA includes responses to comments received on the EA (Volume I), and a revised version of the EA to reflect the responses to comments received, with revised text shown in underline/strikeout format (Volume II) and supporting Appendices (Volume III). Note that the following Executive Summary is not shown in underline/strikeout format as it is a new section, unlike the remainder of Volume II.

Since the public comment period, the Tribe has purchased an additional 32.12 acres (seven parcels) discussed in further detail in Section 1.0. These seven parcels were added to the fee-to- trust application and housing project site plan alternatives (Section 2.0) to provide additional flexibility for reclaimed water reuse and mitigation of potential impacts in response to comments and concerns raised during the EA public comment period. The project site consists of approximately 124.12 acres in Sonoma County, California, which is intended to be used for residential housing, a community center, and associated facilities by the Tribe. The BIA will use this EA to determine if the Proposed Action would result in significant effects to the environment.

This Final EA has been completed in accordance with the requirements set out in the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. §4321 et seq.), the Council on Environmental Quality (CEQ) Guidelines for Implementing NEPA, and the BIA’s NEPA handbook (59 IAM 3-H). This document provides a detailed description of the Proposed Action and an analysis of the potential environmental consequences associated with the action. This document also includes a discussion of alternatives, impact avoidance, and mitigation measures. Consistent with the requirements of NEPA, the BIA will review and analyze the environmental

Analytical Environmental Services ES-1 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

consequences associated with the Proposed Action, and either determine that a Finding of No Significant Impact (FONSI) is appropriate, or request that an Environmental Impact Statement (EIS) be prepared. Volume II of this Final EA contains the full text of the original EA, with appropriate alterations based on comments received. New text is shown by underlining, with deletions shown in strikeout format. New tables in the Final are designated in the table name as “New Table;” revised tables are designated as “Revised” and new Appendices as “Added.” Volume III consists of supporting Appendices A through N. Appendices A through H and J were revised for the Final EA. Appendix F (Cultural Resources Study and Addendum) is a confidential appendix bound under separate cover. Appendices K through N have been added with the Final EA, and Appendix I (Cooperative Fire Agreement) remains unchanged.

ES.2 PURPOSE AND NEED

Following the passage of the Rancheria Act (the Act of August 18, 1958, PL. 85-671, 72 Stat. 619), the federal government terminated the Lytton Rancheria and distributed the tribal trust lands, which were located within the Alexander Valley, to individual members of the Lytton Rancheria. The Rancheria Act and distribution plan called for the federal government to provide certain improvements to the properties to make them habitable for the individuals to whom the property was distributed. The federal government failed to meet these obligations, however, and the Lytton Rancheria was restored as a tribe in 1991 through a stipulated judgment which acknowledged that the tribe was never legally terminated. There after, the Lytton Rancheria was again listed in the Federal Register as an Indian entity which is recognized and eligible to receive services from the BIA. Since then, the Tribe has attempted to secure land to re-establish a unified community in the vicinity of the Alexander Valley. Since the release of the EA for public review, the Tribe has purchased an additional 32.12 acres (seven parcels) of land proposed for trust status and revised housing alternatives analyzed for environmental impacts under the Final EA. The Tribe’s purpose for taking the 124.12 acres of land into trust is to provide additional flexibility for reclaimed water reuse and mitigation of potential impacts in response to comments and concerns raised during the EA public comment period and for the development of a residential community, a community center, and associated Tribal facilities. The construction of these facilities is important to the Tribe and provides a basis for taking the land into trust pursuant to 25 C.F.R. Part 151. Management and protection of the land and its natural resources, as well as the provision of social services to Tribal members, are essential functions of Tribal government. The Lytton Tribe consists of approximately 270 Tribal members, governed by a tribal council. Tribal members are currently dispersed throughout the County and State and do not have an identifiable physical community of their own. The proposed acquisition would bring together Tribal members into a unified location by providing adequate housing and associated facilities to improve the quality of life of the Tribal members. Taking the property into trust will allow the Tribe to foster their cultural identity, spiritual values, and traditional religion through construction of the roundhouse, retreat and community center. Providing housing in the fee-to-trust lands will

Analytical Environmental Services ES-2 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

limit the geographic dispersion of Tribal members. Acceptance of the subject parcels into federal trust would assist the Tribe in meeting a long-term, viable, and sustainable solution to the Tribe’s lack of a tribal land base and provide a place to congregate for governmental, cultural, and social purposes.

ES.3 ALTERNATIVES

This document describes and analyzes four development alternatives plus the No Action Alternative. Three of the development alternatives include placing land into Federal trust. Development alternatives have been selected which potentially meet the Purpose and Need, although at varying degrees for each. The alternatives are described in detail in Section 2.0 of the Final EA and are summarized below. Section 3.0 of the Final EA provides relevant information about existing resources and other values that may be affected by the Proposed Action and alternatives. Section 4.0 of the EA describes environmental consequences associated with the Proposed Action and alternatives, while Section 5.0 presents mitigation measures. The alternatives are summarized below.

ALTERNATIVE A – PROPOSED PROJECT

Alternative A consists of two components: The first is the fee simple conveyance of the approximately 124.14-acre site (fourteen Assessor’s Parcel Numbers [APNs]) into federal trust for the benefit of the Tribe:

Original fee-to-trust parcels: New parcels added: 066-300-028 066-300-023 066-300-031 066-300-017 066-300-033 066-191-016 066-191-017 066-191-019 066-191-018 066-191-021 066-191-020 066-050-040 066-191-022 066-050-047 The second component is the construction of 147 residential units and associated community facilities. The trust action would shift civil regulatory jurisdiction over the 124.14 acres from the State of California and Sonoma County to the Tribe and the federal government; the State and County would continue to exercise criminal jurisdiction under 18 U.S.C. §1162 and other federal laws pertaining to jurisdiction in Indian country.

The Tribe would develop the project site to provide approximately 147 residential units. A site plan for Alternative A is shown in Figure 2-1. The residential units would include 95 single- family detached houses, 24 cottage-style houses, and 28 high-density housing units. A Tribal community center, retreat, and a roundhouse would be included as part of the project. The community center would be approximately 19,000 square feet (sf) in size and located in the

Analytical Environmental Services ES-3 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

central southern portion of the project site. It would include a lounge area, bathroom facilities, and administrative offices. The roundhouse would be situated west of the community center and would include approximately 2,500 sf. The retreat would be located northwest of the roundhouse and would consist of approximately 2,700 sf. Signage would be included for all community facilities.

The Town of Windsor’s Police Department (WPD) contracts with the Sonoma County Sheriff’s Department (SCSD) for law enforcement services. Both the WPD and the SCSD would serve the project site. Pursuant to the Cooperative Fire Protection Agreement between the BIA and State of California Department of Forestry and Fire Protection (CalFire), CalFire would provide fire protection and emergency medical services. Electric, telephone, and cable services would be extended to the site through contracts with the appropriate agency, if required. Water would be supplied from the Town of Windsor’s public water supply system, under an agreement to be negotiated between the parties. The primary water supply for the Windsor water system is wells located near the Russian River, northwest of the project site. Two large diameter water transmission mains transport water from the well field to the town for distribution. One of the two transmission mains is an 18-inch diameter main that parallels Windsor River Road, immediately north of the project site. Two connections would be made to this water main to serve the site. Each of these connections would include a meter and backflow prevention facilities, if required. The Tribe would install an onsite water distribution system and water quality standards would be adopted by the Tribe that would be no less stringent than Federal water quality and Federal Safe Drinking Water Act standards. Inspections of the water supply system and water quality by the United States Environmental Protection Agency (USEPA) would ensure compliance with applicable safe drinking water standards.

Under this alternative, the Tribe would enter into an agreement with the Town of Windsor for sewer service. The Town is responsible for the treatment, storage, and disposal of the Town’s wastewater. A sewage lift station and approximately 3,200 feet of force main would be constructed to pump the wastewater from the proposed Tribal community to a manhole located near the intersection of Windsor River Road and Starr Road (approximately a half mile from site). The existing Windsor Wastewater Treatment, Reclamation, and Disposal Facility would have sufficient treatment and disposal capacity to serve the Proposed Project. The Tribe would adhere to local regulations for extending sewer mainlines to the project site, including the Town’s Sanitary Sewer Management Plan.

Rural roadways would be constructed to provide access to onsite residences and facilities. Three main project access driveways from Windsor River Road are proposed. Stop signs would be installed at these three project access driveways. The rural roadways would be 24-feet wide two- lane asphalt travel ways, with gravel shoulders consistent with Sonoma County Subdivision and Fire Safe Standards. Signage would be provided for the new roadways.

Analytical Environmental Services ES-4 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

The project components would be constructed after the 124.12-acre property has been placed into federal trust. Construction would involve earthwork, placement of concrete foundations, steel and wood structural framing, masonry, electrical and mechanical work, building finishing, and paving, among other construction trades. A worksite safety plan would be prepared for construction.

ALTERNATIVE B – ONSITE WATER AND WASTEWATER

As with Alternative A, Alternative B would include placing the 124.14-acre site into federal trust status for the benefit of the Tribe; however under Alternative B, onsite water, wastewater and reclamation facilities would be built. The Tribe would develop the site to provide 147 residential units including 95 single-family houses, 24 cottage style houses, and 28 high-density housing units, identical to Alternative A (Table 2-1). Alternative B would include the same associated community facilities as Alternative A. As with Alternative A, the same rural roadways would be constructed to provide access to the residences and community facilities. Signage would also be provided for streets and community facilities. With the exception of water and wastewater services, public service providers under Alternative B would be the same as those presented for Alternative A.

Alternative B would include an onsite water supply obtained from the development of groundwater production wells. The primary production well would be located near the water storage tank located northwest of the roundhouse. Alternative B includes an onsite wastewater treatment and reclamation facility (WTRF) and is further broken into two options:  Under the first option, Alternative B would treat wastewater through the WTRF and reclaim treated water to the extent feasible within the site, then discharge any remaining treated effluent to local drainages at one of two proposed onsite locations. The WTRF would be located either in the northwest corner of the site (location #1) or in the southeast corner of the site (location #2) (Figure 2-2 of the Final EA). For wastewater treatment facility location #1, treated effluent would be discharged into an onsite drainage that flows into the roadside drainage ditch along Windsor River Road, which then flows to a former gravel pit adjacent to the Russian River. For wastewater treatment facility location #2, treated effluent would be discharged into an unnamed tributary located along the eastern boundary of the project site, which flows into Windsor Creek south of the project site. Windsor Creek connects to Mark West Creek, which eventually connects to the Russian River. Treated effluent would be used for irrigation during the summer and discharged during the winter pursuant to a National Pollutant Discharge Elimination System (NPDES) permit that would be issued by the USEPA.  Under the second option, Alternative B would utilize the WTRF and complete on-site effluent storage during winter and spring and summer and fall reclamation. This option under

Analytical Environmental Services ES-5 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

Alternative B would utilize a storage basin for winter storage of recycled water and approximately 42 acres of landscaped area and sprayfields for recycled water irrigation during summer months.

ALTERNATIVE C – REDUCED INTENSITY WITH ONSITE WATER AND WASTEWATER

Alternative C would include placing the 124.14-acre site into federal trust status for the benefit of the Tribe, as discussed under Alternative A. The Tribe would develop the site to provide 55 residential units including 35 single-family homes, 12 cottage-style houses, and eight high- density housing units (Figure 2-3). As with the other development alternatives, onsite features would include a community center, roundhouse, and retreat facilities. A breakdown of each community facility with the components and approximate sizes of each structure is included in Table 2-1. Alternative C would include the majority of the rural roadways proposed with Alternative A to provide access to the residences and community facilities. The water supply system would include similar facilities as described for Alternative B. Wastewater generated on the site would be treated at the Wastewater Treatment and Reclamation Facility (WTRF) described in Section 2.2, which would be located in the central southern portion of the project site. All treated effluent would be disposed of onsite using a combination of landscape irrigation and storage basins. No treated effluent would be discharged into surface water.

ALTERNATIVE D – NO ACTION

Under the No-Action Alternative, the 124.12-acre site would not be placed into trust for the benefit of the Tribe and would not be developed as identified under the Proposed Project. Jurisdiction of the property would remain within Sonoma County. Ultimately, the 124.12-acre site could be developed by the Tribe with the property owned in fee, or by a private party, consistent with local zoning. However, for the purposes of the environmental analysis in this EA, it is assumed that the property would remain as rural residences and oak woodland habitat and would not be further developed.

ES.4 COMPARISON OF THE PROPOSED PROJECT AND ALTERNATIVES

Among the project alternatives evaluated in Section 4.0, the Proposed Project and Alternative B both include 147 housing units and the same associated community facilities. However, Alternative B would include onsite water and wastewater facilities (WTRF), whereas the Proposed Project (Alternative A) would connect to municipal water and sewer services. Alternative C would result in construction of only 55 housing units, with the same community facilities as the other two project alternatives, as well as a proportionally smaller on-site water

Analytical Environmental Services ES-6 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

and wastewater facilities (WTRF). Under Alternative D, the No-Action Alternative, no development would occur on the property for the foreseeable future.

Impacts to land resources would be proportionally greatest under Alternative B, due to the larger project footprint needed for construction of the WTRF. This would require additional site grading compared to the Proposed Project. Alternative C would require slightly less grading than the Proposed Project and substantially less than Alternative B. The No-Action Alternative would have no effect on land resources.

Water resources would likewise potentially be impacted the most by Alternative B. This alternative would result in a greater area of impermeable surfaces than either the Proposed Project or Alternative C. Alternative B would have water demands identical to the Proposed Project; however, this alternative would obtain water from the local aquifer. Alternative C would also use groundwater, but the quantities would be substantially less due to the reduced number of housing units. The Proposed Project would use no groundwater.

Under the first option for Alternative B, treated effluent would be used for irrigation during the summer and discharged to surface water during the winter, which would require a NPDES permit from USEPA. Under the second option for Alternative B, on-site treated wastewater storage and irrigation would occur year-round. Alternatives B and C require varying amounts of land to dispose of the effluent generated by these alternatives under varying climatic conditions. Because of the substantially reduced quantity of effluent that would result under Alternative C, all effluent would be utilized for on-site irrigation during summer and stored in a basin during the winter; therefore, a NPDES discharge permit would not be required. Potential impacts to groundwater and surface water quality associated with on-site effluent disposal would be proportionally greater for the second option for Alternative B than Alternative C, and much less for the first option of Alternative B (seasonal storage only). The Proposed Project, the second option under Alternative B and Alternative C would need no NPDES discharge permit, and would result in no impacts to surface water or groundwater quality due to on-site effluent discharge. No impacts to water resources would result from Alternative D.

Construction and operational emissions of criteria air pollutants and greenhouse gases would be similar under both the Proposed Project and Alternative B; however, these emissions would be proportionally lower under Alternative C due to the reduced amount of construction and the reduction in residential vehicle trips generated. Operation of the WTRF under Alternatives B or C could result in objectionable odors; the Proposed Project would have no such potential effect. Under Alternative D, no impacts to air quality would occur.

Due to the larger development footprint of Alternative B, as well as the operation of the WTRF, potential impacts to biological resources would be greatest under this alternative. Impacts to

Analytical Environmental Services ES-7 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

sensitive habitats, potential jurisdictional waters of the U.S., native trees, and special-status species would all be slightly lessened under the Proposed Project, and would be proportionately less under the substantially reduced development area of Alternative C. No impacts to biological resources would occur under Alternative D.

Potential impacts to cultural resources resulting from inadvertent discovery of previously unknown subsurface archaeological or paleontological sites would increase proportionally to the amount of ground disturbance; therefore, Alternative B would have the greatest potential for effects to cultural resources. The Proposed Project would involve less ground-disturbing construction work, thereby reducing the potential for these impacts. Alternative C has the smallest construction footprint, and would consequently have the least potential to affect cultural resources of the three project alternatives. The No-Action Alternative would not result in impacts to cultural resources.

No significant impacts to socioeconomic conditions and environmental justice outside of the Tribe would result from the Proposed Project or Alternatives B, C, or D. The Tribe would benefit from creation of housing and associated facilities proposed under Alternatives A, B and C; however to the greatest extent under Alternatives A and B.

Alternatives A and B would generate the same number of vehicle trips, due to the identical number of housing units. Impacts to the local transportation network from these two alternatives would therefore be similar. Alternative C includes fewer housing units and would therefore generate fewer vehicle trips. Impacts to the transportation system would be proportionally lessened under this alternative. Alternative D would generate no vehicle trips, and would therefore cause no impacts to transportation and circulation.

Buildout of Alternatives A, B, and C would result in the construction of residences, a community center, a roundhouse, and a retreat. Alternatives B and C also include the addition of two groundwater wells and a WTRF. All three alternatives are compatible with the surrounding land uses, and similar residential densities currently occur in the project vicinity. Alternative C would have the least effect on land use as it would result in the lowest residential density. Alternative D would have no impact on local land use.

Alternatives A and B would have equal impacts on solid waste, electricity, natural gas, telecommunications, law enforcement, fire protection and emergency medical services, public schools, and parks and recreation. Alternative C would have proportionally less impact on these services because of the reduced number of residents requiring these utilities and services. Alternative D would have no impact on public services and utilities.

Analytical Environmental Services ES-8 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

Alternative A would have the greatest impact on municipal water supply and wastewater treatment facilities, as it is the only alternative that would connect to these facilities. This alternative would result in an increase of potable water demand and municipal wastewater treatment. Alternatives B, C, and D would not result in an increase in demand for municipal water supply or wastewater treatment.

Impacts related to construction noise would be greatest under Alternative B, due to the larger development footprint. Alternative A would have a slightly lessened noise impact, as construction would take place in a somewhat smaller area and for a shorter duration of time. Operational noise would be similar under these two alternatives. Under Alternative C, construction activity would be reduced in duration and/or intensity when compared with Alternative A and B, and operational noise would be lessened due to the smaller number of residents. No noise-related impacts would occur under Alternative D.

Impacts related to hazardous materials would be greatest under Alternatives B and C, due to the storage of hazardous materials (sodium hypochlorite, caustic soda and/ or citric acid) for the onsite wastewater facilities, whereas the Proposed Project would connect to the municipal water and sewer services and would not require the use of these chemicals. No hazardous material impacts would occur under Alternative D.

Visual resource impacts would be greatest under Alternative B, due to the on-site water and wastewater facilities and maximum number of housing units. The Proposed Project would include an equal number of houses, but would not include the on-site water and wastewater facilities. Alternative C would include the on-site WTRF; however, it would include fewer than half of the housing units. No visual impacts would occur under Alternative D.

While both Alternatives A and B meet the Tribe’s objectives of providing a cohesive residential community large enough to accommodate its members, Alternative A would result in fewer potential environmental impacts associated with the proposed development activities. Alternative C would result in proportionally fewer environmental impacts than the Proposed Project and Alternative B, but would not meet the project objectives since it would include fewer than half of the housing units, when compared to the two other development alternatives. While the No- Action alternative would not result in any of the environmental effects identified for the Proposed Project or Alternatives B and C, this alternative would not meet the Tribe’s objectives of providing a sufficient number of housing units for Tribal members, or community facilities for Tribal functions.

Analytical Environmental Services ES-9 Lytton Property Residential Development May 2011 Final Environmental Assessment Executive Summary

ES.5 ENVIRONMENTAL CONSEQUENCES, MITIGATION, AND SIGNIFICANCE CONCLUSIONS SUMMARY

The environmental consequences of the alternatives analyzed within the Final EA are summarized in Table ES-1. Table ES-1 also serves to provide a brief, but comprehensive comparison of the environmental impacts of each Alternative. These measures and significance conclusions are summarized in Table ES-1. Abbreviations for alternatives and significance are identified at the bottom of the table. In the table, the level of significance of each environmental impact is indicated both before and after implementation of the recommended mitigation measure(s). Mitigation measures identified in the design process have been incorporated into the project description. Mitigation measures have been identified where feasible to address specific effects regardless of whether they are considered “significant.” In addition, measures have been identified to mitigate specific effects identified during the preparation of the Final EA. No new significant impacts that could not be mitigated to a less than significant level were identified, nor were substantial increases in the severity of environmental impacts identified as a result of comments received on the Draft EA.

Analytical Environmental Services ES-10 Lytton Property Residential Development May 2011 Final Environmental Assessment TABLE ES-1 SUMMARY OF POTENTIAL ENVIRONMENTAL IMPACTS, MITIGATION MEASURES, AND SIGNIFICANCE

IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE 5.1 LAND RESOURCES Implementation of the PS A. All site preparation and earthwork construction in the field shall be A, B & C During LTS Proposed Project could performed by licensed contractors. Construction increase the potential for soil B. Suitability of earth and construction materials shall be determined A, B & C Prior to LTS erosion due to soil content by a licensed professional employing geotechnical/soils laboratory Construction and construction activities. testing standards according to standard engineering practice. C. All grading plans, subsurface investigations, and slope stability and A, B & C Prior to and LTS seismic design calculations as well as all foundation, paving, and During Construction building design parameters shall be produced under the supervision of appropriate licensed professionals. D. Construction on expansive soil shall be mitigated by using A, B & C During LTS specialized grading techniques or designing structural foundations Construction to withstand expansion pressures. E. The effects of soil movement shall be mitigated by strengthening the A, B & C During LTS soils during grading and/or designing and constructing satisfactory Construction foundation support. F. Prior to finalization of the grading and development plans for the A, B & C Prior to and LTS property, design-level geotechnical specifications addressing the During Construction specific grading and development plans shall be developed. The specifications should include, but not be limited to, the following:

1. Site, building and facility-specific grading recommendations regarding site preparation, clearing and grubbing. 2. Select grading procedures, remedial grading procedures, material suitability and compaction criteria. 3. Cut and fill slope stability analyses, recommended slope configurations and inclinations. 4. Evaluation of soil expansion and corrosion potential. 5. Building-specific foundation design parameters. 6. Site-specific seismic design parameters. 7. Lateral earth pressure parameters for retaining wall design,

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-11 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE if any. 8. Pavement design specifications. 5.2 WATER RESOURCES Construction of the Project PS A. The Tribe shall obtain a National Pollutant Discharge Elimination A, B & C Prior to LTS would result in disturbance System permit (NPDES General Permit) from the USEPA for Construction of the ground surface, which construction site runoff during the construction phase in compliance could lead to increased with the Clean Water Act (CWA). A Storm Water Pollution and levels of erosion during Prevention Plan (SWPPP) shall be prepared, implemented, and storm events and a related maintained throughout the construction phase of the development, decline in surface water consistent with General Permit requirements. The SWPPP would quality. detail the BMPs to be implemented during construction and post- construction operation of the Proposed Project. The BMPs may Operation of the Project include, but are not limited to, the following: could result in water quality impacts from the disposal of 1. Straw wattle placement on cut and fill slopes. wastewater. 2. Straw wattle check dam installation within drainage swales. 3. Covering disturbed areas with plastic, hydro-seed applications, or straw. 4. Construction entrance installation to reduce off-site sediment transport. 5. Revegetation following construction activities. B. If Alternative B or C is chosen, the Tribe shall construct a tertiary B & C During LTS wastewater treatment plant as described in Appendix B of the Final Construction EA. Salt-based chemicals shall not be used whenever feasible in the wastewater treatment process. Water softeners that dispose of salt into the wastewater system shall be prohibited C. Should Alternative B be chosen, the Tribe shall obtain a NPDES B Prior to LTS permit for surface discharge of treated effluent. An energy Construction dissipater that does not result in any fill of waters of the U.S. shall be installed at the effluent discharge outfall. D. Should Alternative B or C be chosen, wastewater effluent discharge B & C Design and LTS shall be reduced or eliminated, if possible, during the issuance of a Operation, Ongoing Urban and Small Streams Flood Advisory by the National Weather Service for the receiving waters into which project effluent is discharged.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-12 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE E. Community Education programming will be conducted to educate A, B & C Ongoing LTS residents of the importance of reducing chemical product use and disposal in the home and minimizing release of medicines and other contaminants into wastewater. F. Should Alternative B or C be chosen, all effluent discharge basins A, B & C Design and LTS shall maintain a minimum vertical distance of two feet freeboard Operation, Ongoing between the high water level and pond levee crowns. Storage basins will also be gated to restrict access. All basins shall also be equipped with draining systems and level monitors. G. Should Alternative B or C be chosen, spray drift from the spray B &C Ongoing LTS disposal irrigation areas would be monitored daily during operation by qualified personnel. Spray drift shall not be allowed to migrate outside the irrigation area. Spray irrigation would cease when winds exceed 30 miles per hour. H. Should Alternative B or C be chosen, the Tribe would adopt B &C Design and LTS standards equivalent to the landscape irrigation standards Operation, Ongoing contained in the State Water Resources Control Board (SWRCB) Recycled Water Policy (as referenced in Resolution No. 2009-0011. I. Should Alternative B or C be chosen, a wastewater contingency B &C Design and LTS plan shall be developed that ensures untreated wastewater is not Operation, Ongoing discharged to the environment in the event of WTRF failure or malfunction. Potential drawdown of LTS J. The nested monitoring well constructed for the hydrogeologic B & C During LTS groundwater levels in the investigation shall be maintained and used for groundwater-level Construction Ongoing vicinity of the project site is monitoring. not assumed to occur with implementation of Alternative B or Alternative C due to the current aquifer thickness and the distance to the nearest well. 5.3 AIR QUALITY Construction of the Proposed PS A. Construction vehicles, delivery, and commercial vehicles shall not A, B & C During LTS Project would result in the idle for more than five minutes. Construction emission of criteria air B. The Tribe shall designate an onsite Air Quality Construction BMP A, B & C During LTS

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-13 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE pollutants from construction Manager (AQCBM) who shall be responsible for directing Construction machinery, construction compliance with BMPs for the project construction heavy-duty worker automobiles, and equipment. physical land disturbance. C. Heavy, diesel-powered equipment idling shall be limited to two A, B & C During LTS minutes. Construction D. The Tribe shall use heavy duty construction equipment equipped A, B & C During LTS with a diesel particulate matter filter. Construction E. The Tribe shall fully fund a program to encourage and facilitate the A, B & C During LTS use of ‘carpools’ by construction workers, including providing an off- Construction site location for construction workers to park their vehicles and meet to carpool. F. If possible, the Tribe shall use heavy duty construction equipment, A, B & C During LTS which meets California Air Resources Board’s most recent Construction certification standards. G. The Tribe shall provide a storage area for recyclables and green A, B & C During LTS waste during construction. Construction H. The Tribe shall recycle 50 percent or more of construction waste. A, B & C During LTS Construction I. The Tribe shall use environmentally preferable materials to the A, B & C During LTS extent practical for construction of facilities. Buildings will be Construction designed to meet LEED or equivalent certification standards, except with respect to indoor smoking allowed in certain restricted areas. J. The AQCBM shall be responsible for directing compliance with the A, B & C During LTS following BMPs for fugitive dust control practices during project Construction construction: 1. For any earth moving which is more than 100 feet from all property lines, conduct watering as necessary to prevent visible dust emissions from exceeding 100 feet in length in any direction. 2. For all disturbed surface areas apply dust suppression in a sufficient quantity and frequency to maintain a stabilized surface; any areas, which cannot be stabilized, as evidenced by wind driven dust, must have an application of water at least twice per day to at least 80 percent of the unstabilized area.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-14 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE 3. Establish a vegetative ground cover as soon as feasible after active operations have ceased. 4. For all unpaved roads either water all roads used for any vehicular traffic as often as necessary to minimize dust; or apply chemical stabilizer to all unpaved road surfaces in sufficient quantity and frequency to maintain a stabilized surface. 5. Provide track-out control to minimize tracking of soil onto neighboring roadways. 6. For all off site haul vehicles, cover loads. 7. Grading activities shall not occur when winds exceed 25 miles per hour (mph). 8. Speed on unpaved roads shall be limited to 15 mph. The Proposed Project could PS K. For operation of the proposed project, the Tribe shall institute and A, B & C Design and LTS result in an increase in GHG fund an on-site waste composting program. Waste composting Operation emissions. reduces GHG emissions from landfills. This mitigation measure would reduce GHG emissions from mobile sources by one percent. L. For operation of the proposed project, the Tribe shall plant trees and A, B & C Design and LTS other carbon-sequestering vegetation (as part of the Mitigation Operation Measure outlined for native oak trees specified in Section 5.4.2 of the Final EA). The addition of photosynthesizing plants would

reduce atmospheric carbon dioxide (CO2) because plants use CO2 for elemental carbon and energy production. Trees planted near buildings would result in additional benefits by providing shade to the buildings, reducing heat absorption and the need for air conditioning. According to the BAAQMD, implementation of this mitigation measure would reduce the project’s electricity consumption, thus lowering indirect GHG emissions in the residential air conditioning sector by up to 30 percent (per Table 5-1 of the Final EA). M. The Tribe shall use solar hot water heaters where possible for all A, B & C Design and LTS project components. The use of solar hot water heaters would Operation reduce project’s energy usage, thus lowering indirect related GHG emissions by reducing natural gas and electricity usage. According to the BAAQMD, implementation of this mitigation measure would

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-15 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE reduce the project’s indirect GHG emissions in the residential natural gas water heating sector by up to 70 percent (per Table 5-1 of the Final EA). N. The Tribe shall seal all residential and other buildings heating, A, B & C Design and LTS ventilation, and air conditioning ducts. According to the BAAQMD, Operation implementation of this mitigation measure would reduce the project’s electricity consumption, thus lowering indirect GHG emissions in the residential air conditioning sector by up to 30 percent (per Table 5-1 of the Final EA). O. If necessary, purchase GHG emissions credits in the amount A, B & C During LTS specified in Table 5-1 on the Final EA in order to reduce the GHG Construction emissions to below the BAAQMD threshold. 5.4 BIOLOGICAL RESOURCES Significant impacts could PS A. A 50-foot setback, where possible, shall be established around each A, B & C Design and LTS occur to aquatic habitat and of the potentially jurisdictional wetland features within the project Prior to Construction jurisdictional waters of the US. development and no development shall occur within the setback areas. B. These wetland avoidance setbacks shall be established around A, B & C Prior to LTS jurisdictional wetland features using high-visibility fencing. A Construction qualified biologist shall be present during construction activities that ensue within the vicinity of the wetland avoidance buffer zones. The qualified biologist shall monitor during construction to make sure that the fencing remains intact and that construction activities do not penetrate the wetland avoidance buffer zones. When project development is completed, the high-visibility fencing may be removed. C. Temporary fencing shall be installed around riparian habitats. A, B & C Prior to LTS Fencing shall be in place prior to the initiation of any construction Construction activities and no encroachment into the fenced areas shall be permitted. Fencing shall remain in place until all construction activities have ceased. D. Any proposed construction activities that would occur within 50 feet A, B & C Design and LTS of jurisdictional waters of the U.S. shall be conducted during the dry Prior to Construction season (i.e., April 15 through October 15) to further reduce sedimentation within the watershed.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-16 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE E. If complete avoidance of waters of the U.S. is not possible and A, B & C Prior to LTS impacts to wetland features cannot be avoided, authorization from Construction the USACE is required. A Section 404 CWA permit shall be obtained from the USACE and mitigation ratios defined within the permit conditions shall be implemented. Typical Nationwide Permits (NWP) mitigation occurs at a ratio of 1:1 acres created versus impacted and 2:1 acres preserved versus impacted. Individual permit conditions may vary. A CWA Section 401 Water Quality Certification permit from the U.S. EPA would also be required. The Proposed Project is likely PS F. Trees of notable size (i.e. heritage trees exceeding 33 inches in A, B & C Design and LTS to result in direct and/or diameter at breast height) shall be preserved to the greatest extent Planning indirect impacts (i.e., feasible. development) to native oak G. Impacts to valley oak trees within the Valley Oak Habitat Combining A, B & C Design and LTS trees and oak habitats onsite. District shall be avoided to the maximum extent feasible. Planning, Prior to Construction H. Protection of tree crowns and root zones shall be required for all A, B & C Prior to and LTS trees planned for retention in the vicinity of the construction During Construction footprint. I. Native oak trees permanently removed as a result of project A, B & C During LTS construction will be mitigated through re-planting of removed trees Construction and at a 1:1 ratio as detailed below, or alternatively, preserving an Ongoing equivalent area of oak woodland. 1. Replacement oak trees will be planted on Tribally owned land and/or other parcels in the vicinity of the project site. 2. Oak trees may be established by planting in replacement areas trees salvaged from construction impact zones, 15 gallon-sized trees, 24-inch boxes, 26-inch boxes, saplings, propagated seedlings, acorns, or any combination of these sizes or stages. 3. To ensure the success of planted oak trees, the trees shall be monitored annually by a qualified biologist for a period of five years, with a survival target goal of 60 percent by the third year. If it is determined after the third year of monitoring that the 60 percent survival rate is not being met, additional trees shall be planted to meet a 80 percent Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-17 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE survival goal near the end of five years. 4. Trees removed for construction shall be assessed by a qualified biologist to see if removed trees would be suitable for relocation in replacement areas. The Proposed Project has the PS J. The remaining floristic surveys for Sonoma sunshine, Sebastopol A, B & C Prior to LTS potential to result in direct meadowfoam, Burke’s goldfields, and many-flowered navarretia Construction impacts to special-status plant shall be conducted within the required areas of the project site in species should they occur accordance with the Santa Rosa Plain Conservation Strategy within the project site. The protocol prior to groundbreaking on those parcels. Proposed Project could also K. If the protocol-level floristic survey results are positive, then formal A, B & C Prior to LTS result in indirect impacts to consultation with USFWS must be initiated. Upon consultation, an Construction special-status plant species appropriate course of action shall be established. through loss of suitable L. Prior to the onset of construction activities, an avoidance plan must A, B & C Prior to LTS habitat. be formulated, submitted, and approved by the USFWS. It is likely Construction to entail the following basic principles: 1. Prior to the onset of construction activities the areas where the plants occur shall be delineated with avoidance buffers via high visibility fencing. The avoidance buffers may be 50 feet in width, unless otherwise specified by USFWS. 2. A qualified botanist shall be present during construction activities that ensue within the vicinity of the special-status plant avoidance buffer zones and monitored to ensure that the fencing remains intact and that construction activities do not penetrate the special-status plant avoidance buffer zones. 3. When project development is completed, the high-visibility fencing may be removed. However, future development shall not occur within the setback buffer areas. M. If complete avoidance of the Santa Rosa Plain special-status plants A, B & C Prior to and LTS is not feasible, the Tribe shall mitigate for impacts to the plants During Construction according to the mitigation ratios in Table 5-1 of the Final EA, which are outlined in the Programmatic Consultation for USACE 404 Permitted Projects that May Affect Four Endangered Plant Species on the Santa Rosa Plain, California (File Number 223420N) (USFWS, 2007).

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-18 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE The Proposed Project has PS N. If any construction activities are scheduled to occur during the A, B & C Prior to LTS potential to impact migratory nesting season (February 15 – August 31), pre-construction bird Construction nesting birds if construction surveys shall be conducted. Pre-construction surveys for any activities occur during the nesting bird species shall be conducted by a qualified wildlife nesting season (March 1 biologist, throughout all areas of suitable trees and habitat that are through September 15). within 500 feet of any proposed construction activity, including oak trees slated for removal. The surveys shall occur no more than 14 days prior to the scheduled onset of construction activities. If construction is delayed or halted for more than 14 days, another pre-construction survey for nesting bird species shall be conducted. If no nesting birds are detected during the pre-construction surveys no additional surveys or mitigation measures are required. O. If migratory nesting bird species are observed within 500 feet of the A, B & C Prior to and LTS construction area during the surveys, appropriate avoidance During Construction setbacks shall be established by the qualified biologist. The size and scale of nesting bird avoidance setbacks is dependent upon the species of nesting bird observed and the habitat that the nest occurs. Avoidance setbacks shall be established around all active nest locations via stakes and high visibility fencing. The nesting bird setbacks shall be completely avoided during the duration of construction activities and the fencing must remain intact. The qualified biologist shall also determine an appropriate monitoring plan and shall decide if construction monitoring is necessary during the duration of construction activities. Again, monitoring requirements are dependent upon the species of nesting birds observed, the habitat in which the nests are contained, and the number of nests observed. The setback fencing may be removed when the qualified biologist confirms that the nest(s) are no longer occupied and all young have fledged. P. If impacts (i.e., take) to migratory nesting bird species are A, B & C Ongoing LTS unavoidable, consultation with USFWS shall be initiated. Through consultation, an appropriate and acceptable course of action shall be established. 5.5 CULTURAL RESOURCES The Proposed Project may PS A. Should any buried cultural materials (archaeological or A, B & C During LTS

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-19 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE adversely affect previously paleontological) be uncovered during ground-disturbing project Construction unknown subsurface activities, such activities shall cease within 100 feet of the find. prehistoric or historic Prehistoric archaeological indicators include: obsidian or chert archaeological resources, flaked-stone tools and waste flakes (debitage) resulting from the tool including human remains. making process; bedrock outcrops and boulders with mortar cups; ground stone implements (grinding slabs, mortars and pestles); and locally darkened midden soils containing any of the previously listed items plus fragments of faunal bone or shell, fire-affected rocks, and/or unusual amounts of charcoal. Historic period site indicators generally include: fragments of glass, ceramic and metal objects; milled and split lumber; and structural and feature remnants such as building foundations, privy pits, wells, irrigation ditches, and refuse dumps; and old trails. The Lytton Rancheria shall be notified of the discovery and a professional archeologist (or paleontologist, as appropriate) shall be retained to evaluate the find and recommend appropriate treatment measures in consultation with the Lytton Rancheria. Project-related activities shall not resume within 100 feet of the find until all mitigation measures have been approved and completed. B. If suspected human remains are encountered, work should halt in A, B & C During LTS the vicinity and the Sonoma County Coroner should be notified Construction immediately. At the same time, the Lead Agency and a qualified archaeologist should be contacted to evaluate the find. If human remains are determined to be of Native American origin, the Coroner must notify the NAHC within 24 hours of this identification. Construction activities shall not resume within 100 feet of the find until the NAHC-designated Most Likely Descendant (MLD) and the Tribe approves and implements a strategy for the appropriate disposition of the remains. C. Should paleontological resources be unearthed, a paleontological A, B & C During LTS resource impact mitigation plan (PRIMP) shall be created prior to Construction further earthmoving in the vicinity of the find. The PRIMP shall detail the procedures for collecting and preserving the discovered fossils. Any fossils discovered during construction shall be accessioned in an accredited scientific institution for future study.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-20 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE 5.6 SOCIOECONOMIC CONDITIONS The project would not result in LTS None warranted. A, B & C - LTS any significant negative impacts to school districts or environmental justice issues. 5.7 TRANSPORTATION AND CIRCULATION The Proposed Project could PS A. The Tribe shall pay a proportionate share for necessary intersection A, B & C Ongoing LTS result in increased traffic at improvements at the intersection of Windsor River Road and Bell the intersection of Windsor Road (Intersection #6). The improvements shall include, but not River Road and Bell Road. limited to, installation of a traffic signal if and when the Town of Windsor determines a signal is warranted. The Proposed Project could PS B. The Tribe shall pay a proportionate share for intersection A, B & C Ongoing LTS potentially result in increased improvements at the intersection of Old Redwood Highway and the traffic at the intersection of Northbound U.S. 101 Off-Ramp at Lakewood Drive (Intersection Old Redwood Highway and #9). Improvements would include the construction of an additional Northbound U.S. 101 off-ramp southbound left turn lane, an additional southbound right-turn lane, at Lakewood Drive. and restriping the northbound approach to include a shared through-left lane. It is assumed that the project’s equitable share of any planned improvements at this intersection would be calculated based on the methodology set forth in Appendix “B” of the California Department of Transportation “Guide for the Preparation of Traffic Impact Studies”. It is also assumed this will be determined in consultation with Sonoma County, the Town of Windsor and the Tribe. 5.8 LAND USE AND AGRICULTURE The project would not result in LTS None warranted. A, B & C - LTS any significant impacts to land use and agriculture. 5.9 PUBLIC SERVICES Implementation of the PS A. To minimize the risk of fire and the need for fire protection services A, B & C During LTS Proposed Project could during construction, any construction equipment that normally Construction potentially result in an includes a spark arrester shall be equipped with a spark arrester in increased risk for wildfires. good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws. B. During construction, staging areas, welding areas, or areas slated A, B & C During LTS

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-21 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE for development using spark-producing equipment would be Construction cleared of dried vegetation or other material that could serve as fire fuel. To the extent feasible, the contractor would keep these areas clear of combustible materials in order to maintain a firebreak C. Fire extinguishers shall be maintained onsite and inspected on a A, B & C During LTS regular basis. Construction D. An evacuation plan shall be developed for the proposed A, B & C Design and LTS development in the event of a fire emergency. Operation E. Fire hydrants shall be spaced no less than 500-feet apart A, B & C Design and LTS throughout the developed portions of the site. Operation F. Fire alarm and suppression systems installed shall conform to A, B & C Design and LTS design standards equivalent to the requirements of the California Operation Building and Fire Codes as amended and adopted by Sonoma County. G. On-site development shall be consistent with Sonoma County Fire A, B & C During LTS Safe Standards Sections 13-54 through 13-59. Construction H. A vegetation management plan shall be prepared by a qualified A, B & C Design and LTS professional prior to occupation of any residences. The plan shall Operation, include, at a minimum, defensible space zones, identification of Ongoing vegetation types, replacement of non-native flammable vegetation with fire resistive vegetation, and a maintenance program for all vegetation. The Tribe shall approve the plan and pass a resolution that requires that it will be implemented and maintained. Prior to approving the plan, the Tribe shall submit it to the County Fire Chief for review. I. The Tribe shall arrange and coordinate with local law enforcement A, B & C Ongoing LTS and emergency services if needed to assist with large events held at the proposed Community Center. J. The Tribe and the Town of Windsor shall enter into a mutually A Design and LTS agreeable binding service contract for the provision of water and Operation sewer service to the project. 5.10 NOISE Implementation of the PS A. The Tribe shall restrict construction activities to normal daytime A, B & C During LTS Proposed Project could hours (7 a.m. to 7 p.m.), Monday through Saturday, with no work Construction potentially result in increased performed on Sundays.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-22 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE levels on noise in the vicinity B. The Tribe shall ensure that construction equipment used at the A, B & C During LTS of the project site during project site shall be equipped with the best available noise Construction construction of project reduction technology feasible, including the use of mufflers on components and operation of motorized equipment according to the manufacturer’s the water reclamation facility. specifications. C. All existing residences within 200 feet of the project site shall be A, B & C During LTS notified at least one day in advance of construction that is proposed Construction to take place within 300 feet of the residence. D. Stationary noise-producing equipment such as compressors and A, B & C Design and LTS generators shall be placed as far as practical from homes, and Operation, shielding shall be provided between any such equipment and During homes when it is necessary to operate the equipment closer than Construction 200 feet from a home. E. On-site water reclamation facility equipment shall be shielded or B & C Design and LTS enclosed. Operation 5.11 HAZARDOUS MATERIALS Hazardous materials, such as PS A. Potentially hazardous materials, including fuels, shall be stored A, B & C During LTS gasoline, diesel fuel, and away from drainages and secondary containment shall be provided Construction hydraulic fluid, would be for all hazardous materials during construction. brought on site during the B. A spill prevention and countermeasure plan shall be developed A, B & C During LTS construction phase. The which shall identify proper storage, collection, and disposal Construction storage of these hazardous measures for potential pollutants (such as fuel storage tanks) used materials on-site is therefore onsite, as well as the proper procedures for cleaning up and considered a potentially reporting of any spills. significant impact. C. Vehicles and equipment used during construction shall be provided A, B & C During LTS proper and timely maintenance to reduce potential for mechanical Construction breakdowns leading to a spill of materials into water bodies. Maintenance and fueling shall be conducted in an area that meets the criteria set forth in the spill prevention plan. D. Before the parcels are taken into trust, all items of non-hazardous A, B & C Prior to LTS debris shall be removed for the site and properly disposed of or Construction recycled an appropriate off-site facility. E. A hazardous materials storage and disposal plan shall be prepared A, B & C Prior to LTS that contains an inventory of hazardous materials stored and used Construction on site, maintains an emergency response plan for a release and

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-23 Lytton Property Residential Development May 2011 Final Environmental Assessment IMPACT LEVEL OF IDENTIFIED MITIGATION RESIDUAL STATEMENT SIGNIFICANCE MITIGATION MEASURE APPLICABLE TIMING LEVEL OF ALTERNATIVE(S) SIGNIFICANCE disposal of unused hazardous materials, and provides provisions specifying employee training in safety and emergency response procedures. 5.12 VISUAL RESOURCES The project will not result in LTS None warranted. A, B & C - LTS any significant impacts to visual resources.

Less than Significant = LTS Potentially Significant = PS No Impact = NI Alternative A = A Alternative B = B Alternative C = C Analytical Environmental Services ES-24 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 1.0 INTRODUCTION SECTION 1.0 INTRODUCTION

1.1 INTRODUCTION

This Environmental Assessment (EA) has been prepared for the U.S. Bureau of Indian Affairs (BIA) to support an application from the Lytton Rancheria of California (hereafter, “Tribe”) for land to be placed into federal trust (Proposed Action). The BIA is the federal agency that is charged with reviewing and approving tribal applications to take land into federal trust status. This land, known as the “Lytton Property,” consists of approximately 92 124.12 acres in Sonoma County, California, which is intended to be used for residential housing, a community center, and associated facilities by the Tribe. The BIA will use this EA to determine if the Proposed Action would result in adverse effects to the environment.

This document has been completed in accordance with the requirements set out in the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. §4321 et seq.); the Council on Environmental Quality (CEQ) Guidelines for Implementing NEPA; and the BIA’s NEPA handbook (59 IAM 3-H). This document provides a detailed description of the Proposed Action and an analysis of the potential environmental consequences associated with the development of this project. This document also includes a discussion of alternatives, impact avoidance, and mitigation measures. Consistent with the requirements of NEPA, the BIA will review and analyze the environmental consequences associated with the Proposed Action, and either determine that a Finding of No Significant Impact (FONSI) is appropriate, or request that an Environmental Impact Statement (EIS) be prepared.

1.2 LOCATION AND SETTING

The proposed trust parcels addressed in this EA are located approximately two miles west of Highway 101 near the Town of Windsor, California, one mile east of the Russian River, and approximately ten miles north of the City of Santa Rosa. The project site is within the “Healdsburg and Environs” sub-County Planning Area of Sonoma County and occurs in Sections 14, 15, and unsectioned areas of Molinos, Township 8 North, Range 9 West, on the “Healdsburg,” California U.S. Geological Survey (USGS) 7.5-Minute Topographic Quadrangle (USGS, 1993). Figure 1-1 shows the regional vicinity and Figure 1-2 shows the project site vicinity and location. Figure 1-3 shows an aerial photograph of the entire project site, which

Analytical Environmental Services 1-1 Lytton Property Residential Development May 2011 Final Environmental Assessment £¤101 SCALE Lower Lake Project Site Miles ^_ Mendocino County Sonoma County Cobb 0 3 6 UV29 UV175 ^_ Lake County Cloverdale Hidden Valley Lake

Middletown

UV29 UV128 Healdsburg

Calistoga PROJECT SITE Napa County UV29 ^_Windsor Deer Park

GuernevilleSonoma County St. Helena

Forestville Monte Rio UV12 Santa Rosa UV116 Graton

Roseland

Occidental Sebastopol £¤101 UV12

116 UV Glen Ellen Rohnert Park UV1 Eldridge Bodega Bay Cotati Boyes Hot Springs El Verano Sonoma

12 Tomales Temelec UV Dillon Beach Petaluma UV116 Marin County UV121

Lytton Residential Development Final EA / 207513 SOURCE: StreetMap North America, 2009; AES 2011 Figure 1-1 Regional Location Los Amigos Rd Grapevine Ln

Arata Ln

Ashley Dr HerbRd ¤£101 Rio Ruso Dr Old Redwood Hwy Gumview Rd

Fontana Rd Starr View Dr

RUSSIAN RIVER RUSSIAN

Rockstrech Rd

Erika Dr

Windsor River Rd

Starr Rd

Eastside Rd Windsor Rd

Kloer Rd Richardson Rd

Reiman Ln

Oak Way LEGEND Cooper Way Russian River Gravel Company Rd Project Site Boundary

Windsor Sphere of Influence Jones Rd Windsor Urban Growth

Windsor City Limits

Feet H RT NO ¢Ð ! 0 990 1,980

Lytton Residential Development Final EA / 207513 SOURCE: "Healdsburg, CA” USGS 7.5 Topographic Quadrangle, T8N, R9W, Sections 14, 15, and unsectioned areas of Molinos, Mt. Diablo Baseline & Merdian; Sonoma County GIS, 2/9/2007; Figure 1-2 AES, 2011 Site and Vicinity APN 066-050-040 (9.86ac) APN 066-050-047 (10.14ac)

APN 066-300-023 (1.22ac)

Windso r River Rd APN APN APN APN 066-300-017 066-300-033 066-191-021 066-300-028 (3.60ac) (12.51 Acres) (1.248ac) (5.0 Acres) APN 066-191-019 (2.28ac)

APN APN 066-191-016 066-191-020 (4.11 Acres) (2.45 Acres)

APN 066-300-031 APN (50.47 Acres)

EastsideR d 066-191-022 APN (11.96 Acres) 066-191-018 (0.002 Acres) APN LEGEND 066-191-017 (9.27 Acres) New Proposed Trust Parcels Original Proposed Trust Parcels

Feet H RT NO ¢Ð ! 0 250 500

Lytton Residential Development Final EA / 207513 SOURCE: AEX Aerial Photograph, 11/1/2008; AES, 2011 Figure 1-3 Aerial Parcel Map 1.0 Introduction

consists of seven fourteen separate parcels totaling approximately 92 124.12 acres, all owned in fee by the Tribe. The seven fourteen parcels are identified by the following Assessor Parcel Numbers (APNs) in Table 1-1.

TABLE 1-1 (NEW TABLE) ASSESSOR’S PARCEL NUMBERS WITHIN THE PROJECT SITE Sonoma County Zoning/ APN Acreage Town of Windsor Land Use 066-300-028 5.00 N/A AR/ RR 066-300-033 12.51 N/A AR/ RR 066-300-031 50.47 N/A AR/ RR 066-300-023 a 1.22 N/A AR/ RR 066-300-017 a 3.60 N/A AR/ RR 066-191-016 a 4.11 N/A AR/ RR 066-191-019 a 2.28 N/A AR/ RR 066-191-021 a 1.25 N/A AR/ RR 066-191-020 2.45 N/A AR/ RR 066-191-022 11.96 LDR/ E AR/ RR 066-191-018 0.002 LDR AR/ RR 066-191-017 9.27 LDR/ E AR/ RR 066-050-040 a 9.86 LDR/ E AR/ RR 066-050-047 a b 10.14 LDR AR/ RR Total 124.12 Town of Windsor: N/A: Not applicable; parcels located outside Town of Windsor Sphere of Influence/ Urban Growth Boundary LDR (Zoning): Low-Density Residential E (Land Use): Special Planning Area E a Parcel added to fee-to-trust application and site plan alternatives under this Final EA. b Parcel located within Town of Windsor limits

Sonoma County: AR (Zoning): Agriculture and Residential District RR (Land Use): Rural Residential

SOURCE: Sonoma County Permit and Resource Planning Department, 2010: Town of Windsor, 2005. . 066-300-028 (5.0 acres) . 066-300-031 (50.47 acres) . 066-300-033 (12.51 acres) . 066-191-017 (9.27 acres) . 066-191-018 (0.002 acres) . 066-191-020 (2.45 acres) . 066-191-022 (11.96 acres)

Except for parcel APN 066-050-047, which falls within the limits of the Town of Windsor, The the site is located approximately 150 feet south of the Windsor city town limits (Figure 1-2). APNs 066-191-017, 066-191-018, 066-050-040, 066-050-047 and 066-191-022 are

Analytical Environmental Services 1-5 Lytton Property Residential Development May 2011 Final Environmental Assessment 1.0 Introduction

locatedcomprise approximately 41.23 acres within the Town of Windsor’s Sphere of Influence, Urban Growth Boundary, and all fall within Special Planning Area E except parcel 066-050-047.

Regional access is provided by Highway 101, which runs in a general north-south direction and is located approximately two miles to the east of the project site. Local access to the Proposed Project site from Highway 101 is provided by the Old Redwood Highway/Windsor River Road exit, which to the westeast of Highway 101 is a two-lane road that runs adjacent to the north side of the project site. The only other roadway in the immediate vicinity is Eastside Road, which runs perpendicular to Windsor River Road and is west of the project site (Figure 1-3). A partially unpaved road is located between APNs 066-300-031 and 066-191-017, which leads to agricultural fields to the south of the project site. Another partially paved road is located between 066-191-022 and 066-191-020, which leads to an existing residence.

SixTwelve existing single-family homes are located within the project site’s boundaries. Two homes are located on APNs 066-300-028 and 066-050-040. Each of the following four eight parcels contains existing residences: APNs 066-300-017, 066-191-016, 066-191-019, 066-191- 021, 066-300-033, 066-300-031, 066-191-0187, and 066-191-020. Surrounding land uses include private residential, agricultural, and undeveloped parcels.

The majority of the project site is undeveloped and uncultivated over a gently rolling terrain, comprised of five vegetation community types: mixed oak woodland, annual grassland, oak savannah, mixed riparian, and pasture. Access to all residences is from Windsor River Road. The topography of the site ranges in elevations of 100 to 200 feet above mean sea level.

1.3 PURPOSE AND NEED FOR THE PROPOSED ACTION

Following the passage of the Rancheria Act (the Act of August 18, 1958, PL. 85-671, 72 Stat. 619), the federal government terminated the Lytton Rancheria and distributed the tribal trust lands, which were located within the Alexander Valley, to individual members of the Lytton Rancheria. The Rancheria Act and distribution plan called for the federal government to provide certain improvements to the properties to make them habitable for the individuals to whom the property was distributed. The federal government failed to meet these obligations, however, and the Lytton Rancheria was restored as a tribe in 1991 through a stipulated judgment which acknowledged that the tribe was never legally terminated. There after, the Lytton Rancheria was again listed in the Federal Register as an Indian entity which is recognized and eligible to receive services from the United States Bureau of Indian Affairs. Since then, the Tribe has attempted to secure land to re-establish a unified community in the vicinity of the Alexander Valley. The Tribe’s purpose for taking the 124.1292 acres of land into trust is for the development of a residential community, a community center, and associated Tribal facilities. The construction of these facilities is important to the Tribe and provides a basis for taking the land into trust pursuant

Analytical Environmental Services 1-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 1.0 Introduction

to 25 C.F.R. Part 151. Management and protection of the land and its natural resources, as well as the provision of social services to Tribal members, are essential functions of Tribal government. The Lytton Tribe consists of approximately 270 Tribal members, governed by a tribal council of five members. Tribal members are currently dispersed throughout the County and State and do not have an identifiable physical community of their own. The proposed acquisition would bring together Tribal members into a unified community location by providing adequate housing and associated facilities to improve the quality of life of the Tribal members. Taking the property into trust will allow the Tribe to foster its cultural identity, spiritual values, and traditional religion through construction of the roundhouse, retreat and community center. Providing housing in the fee-to-trust lands will limit the geographic dispersion of Tribal members. Acceptance of the subject parcels into federal trust would assist the Tribe in meeting a long-term, viable, and sustainable solution to the Tribe’s lack of a tribal land base and provide a place to congregate for governmental, cultural, and social purposes.

1.4 OVERVIEW OF THE ENVIRONMENTAL PROCESS

The BIA and the Tribe will use the EA to determine whether the Proposed Action will result in adverse effects on the environment and whether a Finding of No Significant Impact (FONSI) or an Environmental Impact Statement should be prepared, pursuant to NEPA and the BIA’s NEPA Handbook (59 IAM 3-H; BIA, 2005).

The EA is first released for a 30-day comment period. Comments will be considered by the BIA, and either a FONSI will be prepared, or additional environmental analysis will be conducted. After the NEPA process is complete, the BIA may issue a determination on the Tribe’s fee-to- trust application.

1.5 ENVIRONMENTAL ISSUES ADDRESSED

In accordance with NEPA, and based on a review of the 124.1292-acre project site, the following environmental issue areas are evaluated in this EA:

. Land Resources; . Water Resources; . Air Quality; . Biological Resources; . Cultural Resources; . Socioeconomic Conditions/Environmental Justice; . Transportation and Circulation; . Land Use; . Public Services;

Analytical Environmental Services 1-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 1.0 Introduction

. Noise; . Hazardous Materials; and . Visual Resources.

1.6 REGULATORY REQUIREMENTS AND APPROVALS

The following direct and indirect approvals and actions may occur as a result of the Proposed Action:

. Transfer of the 124.1292-acre site into Federal trust status for the Tribe by the Secretary of the Interior. . Compliance with the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity. . NPDES permit for discharge of treated effluent into waters of the U.S., if the seasonal surface water discharge option for Alternative B is chosen. . Consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the Federal Endangered Species Act (FESA), if endangered species may be impacted by the Proposed Action. . Consultation with the State Historic Preservation Office (SHPO) under Section 106 of the National Historic Preservation Act (NHPA), if historic properties may be impacted by the project. . Consultation with the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA), if any waters of the U.S. may be impacted by the project. . Encroachment permit for construction of offsite water and wastewater infrastructure and associated pipeline, if Alternative A is chosen.

Analytical Environmental Services 1-8 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 2.0 PROPOSED PROJECT AND ALTERNATIVES SECTION 2.0 PROPOSED PROJECT AND ALTERNATIVES

The Proposed Project and project alternatives are described in this section. This section also summarizes the potential environmental consequences associated with each alternative as well as the protective measures and Best Management Practices (BMPs) incorporated into the project to reduce potential adverse impacts to environmental resources. A summary of each development alternative and associated components is included in Table 2-1. The project alternatives evaluated in the Environmental Assessment (EA) include:

. Alternative A - 147 residences and community facilities with municipal water and wastewater service from the Town of Windsor (Proposed Project); . Alternative B - 147 residences and community facilities with onsite water supply and wastewater treatment under one of two options; o Under the first option, effluent storage/ reclamation on-site to the extent feasible, and surface water discharge of any remaining treated effluent during winter, or o Under the second option, complete on-site effluent storage/ reclamation (storage during winter and spring) and subsequent reclamation during drier months; . Alternative C - 55 residences and community facilities with onsite water supply and wastewater treatment with effluent storage/ reclamation; and . Alternative D - No-Action Alternative.

2.1 ALTERNATIVE A - PROPOSED PROJECT

Alternative A consists of two main components: (1) placing seven fourteen parcels that roughly total 92 124.14 acres (APNs 066-300-028, 066-300-031, 066-300-023, 066-300-017, 066-300- 033, 066-191-016, 066-191-017, 066-191-019, 066-191-018, 066-191-020, 066-191-020, 066- 050-040, 066-050-047 and 066-191-022) into Federal trust status for the Tribe, and (2) construction of 147 residential units and associated facilities. Alternative A is described in more detail below.

Analytical Environmental Services 2-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

TABLE 2-1 (REVISED) SUMMARY OF DEVELOPMENT ALTERNATIVES Alternatives Project Components A B C Single-family (low-density) 95 95 35 houses Cottages (Townhouses) 24 24 12 High-density units 28 28 8 Total Units 147 147 55 Community Center 18,809 SF 18,809 SF 18,809 SF Roundhouse 2,500 SF 2,500 SF 2,500 SF Retreat 2,707 SF 2,707 SF 2,707 SF Water Source Municipal Onsite wells Onsite wells Onsite wastewater treatment and reclamation facility (WTRF), seasonal Onsite wastewater Wastewater Option Municipal reclamation and surface water treatment plant, onsite disposal (first option) or all-year on- reclamation site reclamation (second option) Note: Square Feet (SF) SOURCE: Williams and Paddon, 2009; Eco:Logic, 2010a

2.1.1 LAND TRUST ACTION

Alternative A consists of the fee simple conveyance of the approximately 92124.14-acre site into Federal trust status for the benefit of the Tribe. This trust action would shift civil regulatory jurisdiction over the 124.1492 acres from the State of California and Sonoma County to the Tribe and the federal government; the State and County would continue to exercise criminal jurisdiction under 18 U.S.C. §1162 and other federal laws pertaining to jurisdiction in Indian country.

2.1.2 RESIDENTIAL COMPONENT

The Tribe would develop the project site to provide approximately 147 residential units. A site plan for Alternative A is shown in Figure 2-1. The residential units would include 95 single- family detached houses, 24 cottage-style houses, and 28 high-density housing units (Table 2-1). Rural roadways would be constructed to provide access to the residences. Sample design features for the single-family residential houses, including sample floorplans and a demonstration of green-building features is contained in Appendix K.

2.1.3 ASSOCIATED FACILITIES

As shown in Figure 2-1, a Tribal community center, retreat, and a roundhouse would be included as part of the proposed development. These facilities would be open only to Tribal members and their guests for tribal events, functions, and ceremonies. The facilities would also be open to Tribal residents of the site as a gathering place for socializing and recreation. The facilities

Analytical Environmental Services 2-2 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Property Boundaries Cottage Housing Proposed Ceremonial Dance Circle

Proposed Trail High Density Housing Proposed Community Center

Low Density Housing Proposed Park

Parking Proposed Roadway E Feet L C H Proposed Backup Well - Primary Water Storage Proposed Roundhouse IR

RT C

N NO ¢Ð ! O 0 175 350 Proposed Retreat Facility T

G

N

I

L

L

E

W

E

N A

Proposed Retreat Facility L

N

O

T

G

N

I

S

N E

WINDSOR RIVER ROAD K

D A

O Proposed Backup Well R

Primary Water Storage Tank

E

D

I

S

T

S A

E Proposed Park Proposed Roundhouse

Proposed Ceremonial Dance Circle

Proposed Community Center

SOURCE: Adobe Associates, 2010; Aerial Express aerial photograph, 11/2008; AES, 2011 Lytton Residential Development Final EA / 207513 Figure 2-1 Site Plan - Alternative A 2.0 Proposed Project and Alternatives

would not be open to the public for the purposes of hosting business meetings, conferences, events, or gaming. The community center would be approximately 19,000 square feet (sf) in size and located in the central southern portion of the project site. It would include a lounge area, bathroom facilities, and administrative offices. The roundhouse would be situated west of the community center and would include approximately 2,500 sf. The retreat would be located northwest of the roundhouse and would consist of approximately 2,700 sf. Signage would be included for all community facilities. A detailed breakdown of each facility, including the components and approximate sizes of each facility, are displayed in Table 2-2. An architectural rendition of the community center and retreat is contained in Appendix K.

2.1.4 PUBLIC SERVICES

The Town of Windsor’s Police Department (WPD) contracts with the Sonoma County Sheriff’s Department Office (SCSOD) for law enforcement services. Both the WPD and the SCSOD would serve the project site. Pursuant to the Cooperative Fire Protection Agreement (Appendix I) between the Bureau of Indian Affairs (BIA) and State of California Department of Forestry and Fire Protection (CAL alFIREire), CAL alFIREire would provide fire protection and emergency medical services. Electric, telephone, and cable services would be extended to the site through contracts with the appropriate agency, if required.

2.1.5 WATER SUPPLY

Water would be supplied from the Town of Windsor’s public water supply system, under an agreement to be negotiated between the parties. The primary water supply for the Windsor water system is wells located near the Russian River, northwest of the project site. Two large diameter water transmission mains transport water from the well field to the town for distribution. One of the two transmission mains is an 18-inch diameter main that parallels Windsor River Road, immediately north of the project site. Two connections would be made to this water main to serve the site. Each of these connections would include a meter and backflow prevention facilities, if required. Common area landscaping areas are proposed to be irrigated with reclaimed water supplied by the Town of Windsor. The closest reclaimed water pipeline is located at the intersection of Windsor River Road and Windsor Road, approximately 6,000 feet east of proposed landscaped areas under Alternative A. The Tribe would install an onsite water distribution system and water quality standards would be adopted by the Tribe that would be no less stringent than Federal water quality and Federal Safe Drinking Water Act standards. Inspections of the water supply system and water quality by the U.S. Environmental Protection Agency (USEPA) would ensure compliance with applicable safe drinking water standards. The proposed water connection is discussed in more detail in Appendix B.

Analytical Environmental Services 2-4 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

TABLE 2-2 TRIBAL COMMUNITY DEVELOPMENT — ONSITE FACILITIES Structure Usage Room Square Footage (sf) Community Social Entry Lobby 400 Center Banquet Pre-function 750 Banquet Hall 4,250 Catering Kitchen 450 Banquet Storage 250 Multi-Purpose (3 room each at 625 sq ft) 1,875 Restrooms 480 Electrical and Telephones 250 Janitorial 75 Subtotal 8,780 Administrative Entry/Reception 175 Private Offices (15 rooms each at 144 sq ft) 2,160 Open Office 750 Work Room 200 Break Room 200 Conference Room 375 Storage 250 Restrooms 350 Subtotal 4,460 Wellness Entry/Reception 200 Treatment Room (3 rooms each at 120 sq ft) 360 Private Office 144 Work Room 225 Storage 150 Restrooms 150 Subtotal 1,229 Amenity Subtotal 14,469 Circulation, Misc. at 30% 4,340 Total Community Subtotal 18,809 Roundhouse Spiritual Round House Ceremonial Space 2,500 Retreat Social Entry Lobby 150 Pre-function Lounge 350 Banquet Room 1,000 Catering Kitchen 250 Restrooms 250 Storage 100 Subtotal 2,100 Circulation, Misc. at 30% 607 Total Retreat Subtotal 2,707 Combined Total of Amenities 24,016 sq ft Source: Williams and Paddon, 2009

Analytical Environmental Services 2-5 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

2.1.6 WASTEWATER TREATMENT AND DISPOSAL

Under this alternative, the Tribe would enter into an agreement with the Town of Windsor for sewer service. The Town is responsible for the treatment, storage, and disposal of the Town’s wastewater. A sewage lift station and approximately 3,200 feet of force main would be constructed to pump the wastewater from the proposed Tribal community to a manhole located near the intersection of Windsor River Road and Starr Road (approximately a half mile from site). The existing Windsor Wastewater Treatment, Reclamation, and Disposal Facility would have sufficient treatment and disposal capacity to serve the Proposed Project (ECO:Logic, 2010a: Appendix B). The Tribe would adhere to local regulations for extending sewer mainlines to the project site, including the Town’s Sanitary Sewer Management Plan.

2.1.7 ROADWAYS

As shown in Figure 2-1, rural roadways would be constructed to provide access to onsite residences and facilities. Three main project access driveways from Windsor River Road are proposed. Stop signs would be installed at these three project access driveways. The rural roadways would be 24-feet wide two-lane asphalt travel ways, with gravel shoulders consistent with Sonoma County Subdivision and Fire Safe Standards. Signage would be provided for the new roadways.

2.1.8 PROJECT CONSTRUCTION

The project components would be constructed after the 92-acre propertyproject site has been placed into federal trust. Construction would involve earthwork, placement of concrete foundations, steel and wood structural framing, masonry, electrical and mechanical work, building finishing, and paving, among other construction trades. Construction of the project is anticipated to begin in 20120 and end in 20153. A worksite safety plan would be prepared for construction.

2.1.9 PROTECTIVE MEASURES AND BEST MANAGEMENT PRACTICES

Protective measures and BMPs have been incorporated into the project design to eliminate or substantially reduce environmental impacts from the project. These measures and BMPs are discussed below.

Land Resources . All structures would meet design standards equivalent to the California Building Code (CBC) requirements for the site, including the seismic design criteria of the most recent edition of the Uniform Building Code (UBC) for Seismic Zone 4. . Protective coatings for buried steel facilities would be used for construction on corrosive soil.

Analytical Environmental Services 2-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

Water Resources . Areas outside of buildings and roads would be kept as permeable surfaces to the extent practicable; either as vegetation or high infiltration cover, such as mulch, gravel, or turf block. Pedestrian pathways would use a permeable surface where possible, such as crushed aggregate or stone with sufficient permeable joints (areas between stone or brick if used). . Existing native vegetation would be retained where possible. . Roof down spouts would be directed to splash blocks and not to underground stormdrain systems. . Runoff from rooftops, and other impervious areas would be directed to vegetated areas to help treat and infiltrate stormwater prior to leaving the site. . Runoff from roadways would filter though rock-lined swales and bio-swales. . All storm drains would be equipped with silt and grease traps to remove oils, debris, and other pollutants. Storm drain inlets would also be labeled “No Dumping – Drains to Streams and Rivers.” . Permanent energy dissipaters would be included for drainage outlets. . Rock rip-rap energy dissipaters would be installed at the point of release of concentrated flow. . High water-demand plants would be minimized in landscaping plans. Native and drought-tolerant plant species (trees, shrubs, and ground cover) landscaping would be emphasized. . Water-efficient fixtures and appliances would be installed in residences and community facilities. . Water conservation standards at least equivalent to Sonoma County design standards would be implemented in the residential and community buildings. . Implementation of check dams, rain gardens, and bio-swales would be used to reduce stormwater velocities as recommended in the preliminary drainage plan in Appendix A.

Air Quality The following measures would reduce project related greenhouse gas emissions related to climate change: . Buildings would be sited to take advantage of aspect, shade, prevailing winds, and sun screens to reduce energy use. . Buildings would be designed to include efficient lighting and lighting control systems. . Energy efficient heating and cooling systems as well as appliances would be installed in residences and community facilities. . Solar or wind power systems would be utilized where feasible.

Analytical Environmental Services 2-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

Biological Resources . All identified heritage trees would be preserved to the maximum extent feasible. . Native trees with greater than nine inches diameter at breast height (DBH) within the Sonoma County valley oak habitat (VOH) Combining District would be preserved to the maximum extent feasible. . Native trees with greater than nine inches DBH within mixed riparian habitats would be preserved to the maximum extent feasible. . Avoidance of mixed riparian habitat, as well as wetlands and drainages to the maximum extent feasible.

Public Services . Structural fire protection would be provided through compliance with Uniform Fire Code requirements for commercial structures of this size. The Tribe would ensure that appropriate water supply and pressure is available for emergency fire flows. . The community center would be equipped with an early detection system that ensures an initial response to any fire alarm (automatic, local, or report). This would rely on automatic sprinkler systems in the occupied areas and smoke detection, along with automatic sprinkler systems, in the areas of the facility that are normally unoccupied, such as storerooms and mechanical areas. . All structures would be constructed in accordance with design standards equivalent to all Uniform Building Codes, as adopted or supplemented by Sonoma County.

Noise . Houses would be designed to locate outdoor spaces away from the sound path of travel in order to minimize noise levels for existing offsite houses in the vicinity of the project site.

Visual Resources . Signage for all streets and community facilities would be subtly incorporated into the landscape. . Lighting would only occur at street intersections and parking areas for the community facilities. The lighting would consist of pole mounted lights limited to 18 feet and would be required to have cut-off lenses.

Green Building The Tribe proposes to incorporate the “Build it Green” 2005 Green Building Guidelines for New Home Construction along with the Leadership in Energy and Environmental Design (LEED) for Homes criteria for all the residential units on the project site (U.S. Green Building Council, 2010). In addition, LEED certification is proposed for the community center and retreat

Analytical Environmental Services 2-8 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

buildings. The above-noted BMPs and protective measures would aid the Tribe in achieving these standards. In addition, the following measures would be implemented:

. Roadways will be generally designed as narrow country lanes with surface runoff diverted into vegetated bioswales. . Individual homes would have limited personal planting areas with a portion of the watering needs satisfied from captured rainwater or reclaimed water. . Indoor plumbing would use the highest efficiency fixtures and fittings available. . All homes would be designed for efficient use of energy and natural resources and would be sized below the median standard based on the LEED for Homes rating system. Each plan would be oriented to maximize access to solar energy and natural daylight. Operable windows would be placed to provide efficient natural ventilation, taking advantage of prevailing breezes. . All appliances and heating, ventilation, and air conditioning (HVAC) equipment would be Energy Star Certified for optimal performance. . During construction, all waste material would be separated and sorted into individual bins for recycling. . Upon completion, the community center would have trash enclosures for separation of recyclable materials and newspapers. . The communal buildings would meet all Americans with Disabilities Act (ADA) accessibility requirements. Pathways would meet required slopes and roadway crossings would include textured paving and indicators for the visually impaired. . At least 75 percent of the residences built would be single story to minimize visual effects. . The single story retreat building would be located on the site of an existing two-story home. . Building envelopes would be designed to maximize performance of HVAC, lighting, and other energy systems. Equipment and appliances would meet or exceed California state, Title 24 energy requirements. . HVAC equipment would have no chlorofluorocarbon (CFC) refrigerants. . To the extent possible, building materials with recycled content would be specified for use during construction. . Building and landscape elements would be designed to give preference to materials that are produced regionally or with in 500 miles of the project. . Wood materials and products used in construction would be specified to be Forest Stewardship Council (FSC) certified from suppliers who practice responsible and sustainable forest management. . During construction, on-site absorptive materials would be protected from moisture damage.

Analytical Environmental Services 2-9 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

. All paints, coatings, adhesives and sealants used on the interiors of buildings would have a low Volatile Organic Compound (VOC) limits to reduce odor and harmful indoor air contaminants. . Carpets, cabinets, and other interior finishes would be selected, in part, on minimizing their potential to off-gas or adversely affect indoor air quality.

2.2 ALTERNATIVE B - ONSITE WATER AND WASTEWATER

As with Alternative A, Alternative B would include placing the 92124.14-acre site into federal trust status for the benefit of the Tribe; however under Alternative B, an onsite water and, wastewater and reclamation facilities facility would be built. The Tribe would develop the site to provide 147 residential units including 95 single-family houses, 24 cottage style houses, and 28 high-density housing units, identical to Alternative A (Table 2-1). Alternative B would include the same associated community facilities as Alternative A. These facilities include a Tribal community center, roundhouse, and retreat facility (Figure 2-2). A detailed breakdown of each facility, including the components and approximate sizes of each facility, are displayed in Table 2-2. As with Alternative A, the same rural roadways would be constructed to provide access to the residences and community facilities. Signage would also be provided for streets and community facilities. With the construction of an onsite water, wastewater and reclamation facility, Alternative B includes two options. Under the first option, Alternative B would involve on-site tertiary treatment and seasonal reclamation with surface water discharge to one of two locations (described in Section 2.2.3) when permitted (October 1-May 14), or when waste discharge flows is greater than one percent of the receiving stream’s flow. Under the second option for Alternative B, complete on-site tertiary treatment and reclamation would occur.

2.2.1 PUBLIC SERVICES

Public service providers under Alternative B would be the same as those presented for Alternative A, with the exception of water and wastewater services, which would be provided onsite.

2.2.2 WATER SUPPLY

Alternative B would include an onsite water supply obtained from the development of groundwater production wells. The primary production well would be located southeast of the planned retreat facility, as shown in Figure 2-2. A secondary well would be located near the water storage tank located northwest of the roundhouse (Figure 2-2). A small groundwater treatment plant with a capacity greater than the maximum day system demand would be located near the water storage tank, which would have a 400,000-gallon capacity for emergency fire flows. The treatment plant would ensure concentrations of arsenic and manganese are treated to levels at least meeting Federal Safe Drinking Water Act standards.

Analytical Environmental Services 2-10 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Property Boundaries Cottage Housing, 24 units Proposed Effluent Storage Basin

R! Primary Well Location High Density Housing, 28 units Proposed Optional Wastewater Treatment Facilities

Proposed Trail Low Density Housing, 95 units Proposed Park

Proposed Backup Well - Primary Water Storage Tank Proposed Parking E Feet L C H Proposed Retreat Facility Proposed Roadway IR

RT C

N NO ¢Ð ! 0 175 350 Proposed Ceremonial Dance Circle Proposed Roundhouse O T

G

N

Proposed Community Center I L

Proposed Effluent Storage Basin L

E

W

N

L

S

K

A

O

R

E

E V

Primary Well Location I

N

R A

Proposed Retreat Facility L

N

O

T G

Proposed Optional Wastewater N I

Treatment Facilities Location 1 S

N E WINDSOR RIVER ROAD K

R!

D A

O Proposed Backup Well R

Primary Water Storage Tank

E

D

I

S

T

S A

E Proposed Park Proposed Roundhouse

Proposed Ceremonial Dance Circle

Proposed Proposed Wastewater Community Center Treatment Facilities Location 2

Lytton Residential Development Final EA / 207513 SOURCE: Adobe Associates, 2010; Aerial Express aerial photograph, 11/2008; AES, 2011 Figure 2-2 Site Plan - Alternative B 2.0 Proposed Project and Alternatives

2.2.3 WASTEWATER TREATMENT AND DISPOSAL

Under the first option of Alternative B, includes an onsite wastewater treatment and reclamation facility and approximately 30 11.75 acres of landscaped or other areas for recycled water irrigation (spray fields) would be used during summer months (May 15-September 30) or when surface water discharge is not feasible. Treated water would otherwise be disposed of via discharge to one of two drainage locations, as shown in Figure 2-2. Under the second option of Alternative B, the wastewater treatment and reclamation facility would be used for year-round reclamation and approximately 42.1 acres of landscaped or other area for year-round recycled water irrigation would be required.

As shown in Figure 2-2, the treatment plant for Alternative B would be located either in the northwest corner of the site (option location #1) or in the southeast corner of the site (option location #2). Under the first option for Alternative B, Ttreated effluent would be used for irrigation during the summer and discharged during the winter pursuant to an National Pollutant Discharge Elimination System (NPDES) permit that would be issued by the USEPA. For wastewater treatment facility option location #1, treated effluent would be discharged into an onsite drainage that flows into the roadside drainage ditch along Windsor River Road, which then flows to a former gravel pit adjacent to the Russian River (Figure 5 of Appendix EAppendix L). For wastewater treatment facility option location #2, treated effluent would be discharged into an unnamed tributary located along the eastern boundary of the project site, which flows into Windsor Creek south of the project site. Windsor Creek connects to Mark West Creek, which eventually connects to the Russian River.

Wastewater Treatment and Reclamation Facility (WTRF) The proposed wastewater treatment and reclamation facility (WTRF) for Alternatives B and C would treat wastewater to or exceeding tertiary standards under Chapter 3, Division 4, Title 22, California Code of Regulations (CCR), Section 60304, et seq. (Title 22). Treated effluent would be utilized for irrigation of landscaping and crops (reclamation) during dry periods and stored during wet periods when irrigation is not needed. Between one and 2.5 acres of land would be required for construction of the WTRF in one of the two locations under Alternative B (Figure 2- 2) and in the southeastern location for Alternative C (Figure 2-3). Planned WTRF features include the following: . Headworks components to remove particulate matter larger than two millimeters from incoming wastewater; . Influent flow equalization and emergency storage facilities, . Biological treatment and filtration facilities by membrane bioreactor (MBR) or other similar treatment methods, . Ultra-violet (UV) disinfection system, and

Analytical Environmental Services 2-12 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

. Supporting systems such as chemical storage systems, plant water systems, stormwater detention, biosolids handling system and emergency power generator.

Effluent Storage Facilities Effluent storage amount is dependent on monthly irrigation needs under typical and worst-case design conditions. The 100-year rainfall scenario is modeled for worst-case design. The 100- year rainfall design conditions for effluent storage are 1.01 million gallons (Mgal) (under the first option for Alternative B) and 23.49 Mgal (under the second option for Alternative B) (ECO:Logic, 2010a: Appendix B). The first option of Alternative B will utilize winter surface water disposal of treated wastewater, with summer storage in a closed tank or in an effluent storage basin in the northern parcels, north of Windsor River Road (Figure 2-2). The second option for Alternative B would utilize one or more open-topped, earthen basins designed to hold effluent and 100-year event precipitation. All reservoirs would be lined with 60 millimeter high density polyethylene (HDPE) liner to prevent effluent percolation.

2.2.4 ROADWAYS

As with Alternative A, rural roadways would be constructed to provide access to onsite residences and facilities (Figure 2-2). If wastewater treatment facilityWTRF option location #1 is chosen, access to the facility would be provided from a nearby existing driveway off Windsor River Road.

2.2.5 PROJECT CONSTRUCTION

Project construction measures would be similar to those described for Alternative A.

2.2.6 PROTECTIVE MEASURES AND BEST MANAGEMENT PRACTICES

Protective measures and BMPs would be similar to those described for Alternative A. However, the following additional measures to accommodate for the WTRF reclamation and surface water discharge would be implemented: . Sodium hypochlorite, caustic soda and/or citric acid would be stored in the chemical room of the wastewater treatment facilityWTRF. The storage and metering facilities would be located inside a chemical spill containment area, sized to contain 150 percent of the storage volume in case of an unintentional release. . The sodium hypochlorite would be stored in a 55-gallon drum and the citric acid would be stored as dry material and then in a 50-gallon mixing tank when needed. . The wastewater treatment facilityWTRF would incorporate an active odor control system, consisting of a packaged biofilter with an active carbon absorption unit. . All treated effluent storage dimensions have been calculated to hold 100-year rainfall event precipitation amounts, which is approximately 1.5 times greater than that estimated to be required for normal rainfall years.

Analytical Environmental Services 2-13 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

ƒ Spray drift from the spray disposal irrigation areas would be monitored daily during operation by qualified personnel. Spray drift shall not be allowed to migrate outside of the irrigation area. ƒ Spray irrigation would cease when winds exceed 30 miles per hour. ƒ Disposal of treated wastewater to irrigation areas shall be adjusted based on weather conditions in order to prevent surface runoff. ƒ The Tribe would adopt standards equivalent to the landscape irrigation standards in the State Water Resources Control Board Recycled Water Policy (as referenced in Resolution No. 2009-0011). ƒ Potential groundwater impacts from irrigation and effluent storage will be minimized through treatment of effluent through nitrogen and salinity reduction processes. ƒ Operation and maintenance of the wastewater utility from house service laterals, through the wastewater and effluent system, to treatment and disposal will be by the Tribe utilizing contract services. Individual residents will have no responsibility regarding operation and maintenance of any aspect of the wastewater treatment and conveyance systems. The residents’ sole responsibility would be to follow Tribal guidance on what should and should not be flushed down sinks and toilets. Community education shall be promoted to reduce needless contaminants to wastewater. ƒ The effluent storage basins and irrigation areas would be located and designed so that they are well-drained and readily accessible. ƒ Implementation of the following measures would be incorporated during design and operation of the wastewater and effluent system to minimize chances of system failures: o Solvent welded plastic house services; o Above grade cleanouts; o Dual (redundant) discharge pumps; o High water alarms; o Adherence to recommended septic tank pump-out frequency; o Maintaining records of pumping, inspections, and other maintenance activities; o Flushing of solvent, paint, paper towels, diapers, feminine hygiene products, cigarette butts, pesticides, and fertilizer would be discouraged by recurring outreach notices to the residents. The frequency of the noticing would be based on the results of ongoing system inspections.

2.3 ALTERNATIVE C - REDUCED INTENSITY WITH ONSITE WATER AND WASTEWATER Alternative C would include placing the 92124.14-acre site into federal trust status for the benefit of the Tribe, as discussed under Alternative A. The Tribe would develop the site to provide 55 residential units including 35 single-family homes, 12 cottage-style houses, and eight high- density housing units (Figure 2-3). As with the other development alternatives, onsite features

Analytical Environmental Services 2-14 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Property Boundaries Cottage Housing, 12 units Proposed Optional Wastewater Treatment Facilities

!R Primary Well Location High Density Housing, 8 units Proposed Park

Proposed Trail Low Density Housing, 35 units Proposed Parking

Proposed Backup Well Proposed Playfields E Feet Water Storage Tank L C H Proposed Roadway IR

RT C Proposed Retreat Facility N NO ¢Ð ! 0 175 350 Proposed Roundhouse O Proposed Ceremonial T Dance Circle G N

Proposed Winter I L

Storage Basin L

Proposed Community Center E W

Proposed Detention Basin

Primary Well Location E

N A

Proposed Retreat Facility L

N

O

T

G

N

I

S

N E WINDSOR RIVER ROAD K !R

Proposed Park

D A

O Proposed Backup Well R

Primary Water Storage Tank

E

D

I

S

T

S

A E Proposed Roundhouse

Proposed Playfields Proposed Ceremonial Proposed Winter Dance Circle Storage Basin

Proposed Proposed Wastewater Community Center Treatment Facilities Location

SOURCE: Adobe Associates, 2010; Aerial Express aerial photograph, 11/2008; AES, 2011 Lytton Residential Development Final EA / 207513 Figure 2-3 Site Plan - Alternative C 2.0 Proposed Project and Alternatives

would include a community center, roundhouse, and retreat facilities. A breakdown of each community facility with the components and approximate sizes of each structure is included in Table 2-1. Alternative C would include the majority of the same rural roadways to provide access to the residences and community facilities. The water supply system would include similar facilities as described for Alternative B. Wastewater generated on the site would be treated at an onsite water reclamation facility (WRF) the WTRF described in Section 2.2, which would be located in the central southern southeastern portion of the project site (Figure 2-3). All treated effluent would be disposed of onsite using a combination of landscape irrigation and storage basins. No treated effluent would be discharged into surface water.

2.3.1 PUBLIC SERVICES

Public service providers under Alternative C would be similar to those presented for Alternative A.

2.3.2 WATER SUPPLY

Alternative C would include a similar but proportionately smaller water supply system as Alternative B. The water supply system would be located in the same location as for Alternative B.

2.3.3 WASTEWATER FACILITIES

As with Alternative B, wastewater would be treated at an onsite wastewater treatment facilitythe WTRF; however, under Alternative C, only 11.717.6 acres of irrigation land is required, and a large treated effluent storage basin would be constructed (Figure 2-3). As with the second option for Alternative B, all treated effluent would be disposed of onsite using a combination of landscape irrigation and storage basins. No surface water discharge would occur under this alternative. The treatment plant would be located in the central southeast portion of the project site and the storage basin would be located in the southeast corner of the project site. During the winter months, treated effluent would be stored in the storage basin; while in the summer months, treated effluent would be used for landscape irrigation throughout the property.

2.3.4 ROADWAYS

As with Alternative A, rural roadways would be constructed to provide access to onsite residences and facilities. Three main project access driveways from Windsor River Road are proposed, as shown in Figure 2-3.

2.3.5 PROJECT CONSTRUCTION

Project construction would be similar to what is described for the Alternative A.

Analytical Environmental Services 2-16 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

2.3.6 PROTECTIVE MEASURES AND BEST MANAGEMENT PRACTICES

Protective measures and BMPs would be similar to those described for Alternatives A and B. However, the following additional measures for the effluent storage basin would be implemented:

. The storage basin would be lined using 60 millimeter high density polyethylene HDPE liner, equipped with draining systems and level monitors. . The storage basin would be fenced and gated for vehicular access. . A minimum of two feet would be maintained between the high groundwater level and the basin bottom.

2.4 ALTERNATIVE D - NO-ACTION ALTERNATIVE

Under the No-Action Alternative, the 92124.12-acre site would not be placed into trust for the benefit of the Tribe and would not be developed as identified under the Proposed Project. Jurisdiction of the property would remain within Sonoma County. Ultimately, the 92124.12-acre site could be developed by the Tribe with the property owned in fee, or by a private party, consistent with local zoning. However, for the purposes of the environmental analysis in this EA, it is assumed that the property would remain as rural residences and oak woodland habitat and would not be further developed.

2.5 COMPARISON OF THE PROPOSED PROJECT AND ALTERNATIVES

Among the project alternatives evaluated in Section 4.0, the Proposed Project and Alternative B both include 147 housing units and the same associated community facilities. However, Alternative B would include onsite water and wastewater facilities, whereas the Proposed Project (Alternative A) would connect to municipal water and sewer services. Alternative C would result in construction of only 55 housing units, with the same community facilities as the other two project alternatives, as well as proportionally smaller on-site water and wastewater facilities (WTRF). Under Alternative D, the No-Action Alternative, no development would occur on the property for the foreseeable future.

Impacts to land resources would be proportionally greatest under Alternative B, due to the larger project footprint needed for construction of the water and wastewater facilities. This would require additional site grading compared to the Proposed Project. Alternative C would require slightly less grading than the Proposed Project, and substantially less than Alternative B. The No-Action Alternative would have no effect on land resources.

Water resources would likewise be impacted the most by Alternative B. This alternative would result in a greater area of impermeable surfaces than either the Proposed Project or Alternative C.

Analytical Environmental Services 2-17 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

Alternative B would have water demands identical to the Proposed Project; however, this alternative would obtain water from the local aquifer. Alternative C would also use groundwater, but the quantities would be substantially less due to the reduced number of housing units. The Proposed Project would use no groundwater.

Under the first option for Alternative B, treated effluent would be used for irrigation during the summer and discharged to surface water during the winter, which would require a NPDES permit from USEPA. Under the second option for Alternative B, on-site treated wastewater storage and irrigation would occur year-round. Alternatives B and C require varying amounts of land to dispose of the effluent generated by these alternatives under varying climatic conditions. Because of the substantially reduced quantity of effluent that would result under Alternative C, all effluent would be utilized for on-site irrigation during summer and stored in a basin during the winter; therefore, a NPDES discharge permit would not be required. Potential impacts to groundwater and surface water quality associated with on-site effluent disposal would be proportionally greater for the second option for Alternative B than Alternative C, and much less for the first option of Alternative B (seasonal storage only). The Proposed Project, the second option under Alternative B and Alternative C would need no NPDES discharge permit, and would result in no impacts to surface water or groundwater quality due to on-site effluent discharge. No impacts to water resources would result from Alternative D.

Construction and operational emissions of criteria air pollutants and greenhouse gases would be similar under both the Proposed Project and Alternative B; however, these emissions would be proportionally lower under Alternative C due to the reduced amount of construction and the reduction in residential vehicle trips generated. Operation of the WTRF under Alternatives B or C could result in objectionable odors; the Proposed Project would have no such potential effect. Under Alternative D, no impacts to air quality would occur.

Due to the larger development footprint of Alternative B, as well as the operation of the WTtRF, potential impacts to biological resources would be greatest under this alternative. Impacts to sensitive habitats, potential jurisdictional waters of the U.S., native trees, and special-status species would all be slightly lessened under the Proposed Project, and would be proportionately less still under the substantially reduced development area of Alternative C. No impacts to biological resources would occur under Alternative D.

Potential impacts to cultural resources resulting from inadvertent discovery of previously unknown subsurface archaeological or paleontological sites would increase proportionally to the amount of ground disturbance; therefore, Alternative B would have the greatest potential for adverse effects to cultural resources. The Proposed Project would involve less ground-disturbing construction work, thereby reducing the potential for these impacts. Alternative C has the smallest construction footprint, and would consequently have the least potential to affect cultural

Analytical Environmental Services 2-18 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

resources of the three project alternatives. The No-Action Alternative would not result in impacts to cultural resources.

No significant impacts to socioeconomic conditions and environmental justice outside of the Tribe would result from the Proposed Project or Alternatives B, C, or D. The Tribe would benefit from creation of housing and associated facilities proposed under Alternatives A, B and C; however to the greatest extent under Alternatives A and B.

Alternatives A and B would generate the same number of vehicle trips, due to the identical number of housing units. Impacts to the local transportation network from these two alternatives would therefore be similar. Alternative C includes fewer housing units and would therefore generate fewer vehicle trips. Impacts to the transportation system would be proportionally lessened under this alternative. Alternative D would generate no vehicle trips, and would therefore cause no impacts to transportation and circulation.

Buildout of Alternatives A, B, and C would result in the construction of residences, a community center, a roundhouse, and a retreat. Alternatives B and C also include the addition of two groundwater wells and a wastewater treatment facilityWTRF. All three alternatives are compatible with the surrounding land uses, and similar residential densities currently occur in the project vicinity. Alternative C would have the least effect on land use as it would result in the lowest residential density. Alternative D would have no impact on local land use.

Alternatives A and B would have equal impacts on solid waste, electricity, natural gas, telecommunications, law enforcement, fire protection and emergency medical services, public schools, and parks and recreation. Alternative C would have proportionally less impact on these services because of the reduced number of residents requiring these utilities and services. Alternative D would have no impact on public services and utilities.

Alternative A would have the greatest impact on municipal water supply and wastewater treatment facilities, as it is the only alternative that would connect to these facilities. This alternative would result in an increase of potable water demand and municipal wastewater treatment. Alternatives B, C, and D would not result in an increase in demand for municipal water supply or wastewater treatment.

Impacts related to construction noise would be greatest under Alternative B, due to the larger development footprint. Alternative A would have a slightly lessened noise impact, as construction would take place in a somewhat smaller area and for a shorter duration of time. Operational noise would be similar under these two alternatives. Under Alternative C, construction activity would be reduced in duration and/or intensity when compared with

Analytical Environmental Services 2-19 Lytton Property Residential Development May 2011 Final Environmental Assessment 2.0 Proposed Project and Alternatives

Alternative A and B, and operational noise would be lessened due to the smaller number of residents. No noise-related impacts would occur under Alternative D.

Impacts related to hazardous materials would be greatest under Alternatives B and C, due to the storage of hazardous materials (sodium hypochlorite, caustic soda and/ or citric acid) for the onsite wastewater facilities, whereas the Proposed Project would connect to the municipal water and sewer services and would not require the use of these chemicals. No hazardous material impacts would occur under Alternative D.

Visual resource impacts would be greatest under Alternative B, due to the on-site water and wastewater facilities and maximum number of housing units, which would be partially visible to local sensitive receptors and drivers on Eastside and Windsor River Roads. The Proposed Project would include an equal number of houses, but would not include the on-site water and wastewater facilities. Alternative C would include the on-site water and wastewater facilitiesWTRF; however, it would include fewer than half of the housing units. No visual impacts would occur under Alternative D.

While both Alternatives A and B meet the Tribe’s objectives of providing a cohesive residential community large enough to accommodate its members, Alternative A would result in fewer potential environmental impacts associated with the proposed development activities. Alternative C would result in proportionally fewer environmental impacts than the Proposed Project and Alternative B, but would not meet the project objectives since it would include fewer than half of the housing units, when compared to the two other development alternatives. While the No- Action alternative would not result in any of the environmental effects identified for the Proposed Project or Alternatives B and C, this alternative would not meet the Tribe’s objectives of providing a sufficient number of housing units for Tribal members, or community facilities for Tribal functions.

Analytical Environmental Services 2-20 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 3.0 AFFECTED ENVIRONMENT SECTION 3.0 DESCRIPTION OF AFFECTED ENVIRONMENT

This section presents relevant information about existing resources and other values that may be affected by the Proposed Project and alternatives. In accordance with the National Environmental Policy Act (NEPA) and the Bureau of Indian Affairs’ (BIA) implementing guidelines (59 IAM 3- H), the existing conditions described herein provide the base line for determining the environmental effects identified in Section 4.0. Descriptions include the following resource and issue areas:

. Land Resources . Water Resources . Air Quality . Biological Resources . Cultural Resources . Socioeconomic Conditions / Environmental Justice . Transportation and Circulation . Land Use . Public Services . Noise . Hazardous Materials . Visual Resources

3.1 LAND RESOURCES

3.1.1 GEOLOGICAL SETTING

The project site is located within the California Coast Range geologic region. Extensive folding and thrust faulting during the late Cretaceous through early Tertiary geologic time created the geologically complex region consisting of northwest-trending faults and mountain ranges that characterize the California Coast Range. The property is underlain by quaternary age Pleistocene alluvial fan deposits comprised of materials that include claystone, siltstone, lithic sandstone, and pebbly mudstone and sandstone (RGH Consultants, 2008).

3.1.2 TOPOGRAPHY

The topography of the project site consists of rolling hills covered with grasses and is characterized by mixed oak woodland habitat. Slopes within the project site range between five and thirty percent. The eastern half of the property has a moderately sloped terrain, while the

Analytical Environmental Services 3-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment western half consists of steep hills which flatten out in the northwest corner of the site. Elevations on the project site range between approximately 100 and 200 feet above mean sea level (amsl). A topographic map of the project site is provided in Figure 1-2.

3.1.3 SEISMIC CONDITIONS

Three fault zones classified by the California Division of Mines and Geology transect the general region of the Town of Windsor. These include the Healdsburg-Rodgers Creek Fault, the San Andreas Fault, and the Maacama Fault. The closest of the three faults to the project site is the Healdsburg-Rodgers Creek Fault, which runs in a general north-south direction, approximately two and a half miles east of the project site (U.S. Geological Survey [USGS], 2007). Figure 3-1 shows regionally active faults and their relative distances to the project site.

As shown in Figure 3-2, a portion of the project site is within the area associated with the Healdsburg-Rodgers Creek Fault Modified Mercalli Intensity (MMI) rating of VIII. This MMI rating indicates the potential for slight damage to specially designed structures; considerable damage to ordinary substantial buildings; immense damage to poorly built structures; the collapse of chimneys, factory stacks, columns, monuments, and walls; and the overturning of heavy furniture (USGS, 1989).

3.1.4 SOIL TYPES AND CHARACTERISTICS

The 124.1292-acre project site contains six seven well drained soils that are derived from either a form of alluvium or residuum (Natural Resources Conservation Service [NRCS], 2008a, 2010). Table 3-1 summarizes the characteristics for each soil type, while Figure 3-3 shows the location of each soil type on the project site.

TABLE 3-1 (REVISED) PROJECT SITE SOILS Percent of Map Unit Slope Hydraulic Map Unit Name Erosion Hazard Project Symbol Range Conductivity Class Site AeA Alluval Land, Clayey 0-2% Very High Slight 1.7% Arbuckle gravelly AgE 15-30% Moderately High Moderate 10.0% sandy loam CgC Clough gravelly loam 2-9% Moderately High Slight 0.4% Felta very gravelly FaD 5-15% Moderately High Slight 29.1% loam Felta very gravelly FaF 30-50% Moderately High Severe 3.5% loam HtC Huichica loam 2-9% Moderately High Slight 31.5% SkD Spreckels loam 9-15% Moderately High Moderate 23.8% Source: NCRS, 2008a, 2010

Analytical Environmental Services 3-2 Lytton Property Residential Development May 2011 Final Environmental Assessment Cross Spring fault zone

Maacama fault zone, southern section

Hu ntin g C re Clearlake ek Big Valley fault -B e rr Clearlake Highlands ye ss LEGEND a

fa u lt s y s te Historic Wight Way fault m , Lower Lake W Mendocino il so n

<15,000 - latest Quaternary C se o c l t County la io y n o m i <100,000 - late Quaternary fa u lt zo n <1.600,000 Quaternary e Chianti fault Hobergs Lake Other Faults Cobb County Other Quaternary Faults Maacama fault zone, southern section Cloverdale Hidden Valley Lake Miles G ey ser 29 Pea UV k fau lt zone 0 3 6 Chianti fault

Middletown "

A " le Maacama fault zone, southern sectionG x " a ey nd s e er P r- eak Hu R fa nt ed u ing w lt C o z re od o ek H n -B ill e e fau rr lt zo Geyserville ye H ne ss e a a ld fa sb u u l rg t s fa ys ul te t m , W ils o n Lytton s ec tio n

¤£101 UV128

Healdsburg Healdsburg fault Pope Valley

M Napa R a o a d c g a e m r a County s fa C ult Sonoma r z e on Calistoga Project Site e e Angwin k ,

f s

a ou

u t County " l h " t e rn s e

" c 1.73 Miles 1.99 Miles t

i o " " " n

" " 2.65 Miles Windsor Deer Park

Guerneville Saint Helena 3.21 Miles

"

17.52 Miles San Andreas fault zone, North Coast section Forestville Monte Rio Jenner San Andreas fault zone, North Coast section Graton Santa Rosa Roseland 12 UV UV29 1 Occidental 116 South Santa Rosa UV UV Sebastopol Bennett Valley fault zone

Joy Woods fault " Glen Ellen Rohnert Park Eldridge Bl oom fie Cotati Bodega Bay ld Agua Caliente fa u lt Boyes Hot Springs Americano Creek fault El Verano UV1 Sonoma Marin County Temelec Dillon Beach Petaluma Rodgers Creek fault

Lytton Residential Development Final EA / 207513 SOURCE: USGS Earthquake Hazards Program, 2007; AES 2011 Figure 3-1 Regional Fault Map Figure 3-2 Figure

reek fault Rodgers C

Healdsburg fault Lytton Residential Development Final EA / 207513 Residential Development Final EA Lytton

ers Creek fault Rodg Ground Shaking Intensities Along the Healdsburg-Rodgers Creek Faults Along the Healdsburg-Rodgers Ground Shaking Intensities Feet LEGEND Property Boundary 0 1,500 3,000 SOURCE: Town of Windsor, 1995; AES, 2011 1995; Windsor, of Town SOURCE: SOIL TYPES

Approximate Property Boundary

Soil Types

PROJECT AREA SOILS

AeA - ALLUVIAL LAND, CLAYEY AgE - ARBUCKLE GRAVELLY SANDY LOAM, 15 TO 30 PERCENT SLOPES CgC - CLOUGH GRAVELLY LO AM, 2 TO 9 PERCENT SLOPES FaD - FELTA VERY GRAVELLY LOAM, 5 TO 15 PERCENT SLOPES FaF - FELTA VERY GRAVELLY LOAM, 30 TO 50 PERCENT SLOPES HtC - HUICHICA LOAM, 2 TO 9 PERCENT SLOPES SkD - SPRECKELS LOAM, 9 TO 15 PERCENT SLOPES Feet HtC

H

T

R

O

Ð !¢N 0 250 500

CgC

Windsor River Rd HtC AgE FaF AeA SkD

HtC SkD FaD Eastside Rd

AgE AgE

FaF

Lytton Residential Development Final EA / 207513 SOURCE:USDA Natural Resources Conservation Service, 12/13/2006; DigitalGlobe Aerial Photograph, 9/20/2003; AES, 2011 Figure 3-3 Soils Map 3.0 Affected Environment

A description of the six seven soil types is included below:

. Alluvial land, clayey soils (AeA) – These soils are found at elevations between 200 to 800 feet. AeA has moderate shrink-swell potential. No information on the depth to restrictive feature or water table is reported by NRCS; however, the landform is classified as floodplains. Although not corrosive to concrete, AeA is highly corrosive to steel (NRCS, 2008a)

. Arbuckle gravelly sandy loam (AgE) – This soil type commonly occurs in elevations between 100 and 1,600 feet amsl and is located on both hills and terraces. Parent material for AgE is alluvium derived from sedimentary rock. The depth restrictive feature and water table for this soil is more than 80 inches. AgE is characterized as moderately corrosive to concrete and steel (NRCS, 2008a).

. Clough gravelly loam (CgC) – This soil type commonly occurs in elevations between 200 and 1,000 feet amsl and is located on both terraces and slightly sloped areas (generally two to nine percent slopes). Parent material for CgC is gravelly alluvium derived from sedimentary rock. The depth restrictive feature and water table for the soil is more than 80 inches. CgC is characterized as highly corrosive to concrete and steel (NRCS, 2010).

. Two types of Felta loams are found within the project site: FaD and FaF - Both Felta soils typically occur in elevations between 100 and 1,500 feet amsl and are commonly found on terraces. The parent material for Felta soils is alluvium derived from igneous, metamorphic, and sedimentary rock. The depth to restrictive feature and water table of this type of soil is more than 80 inches. Both FaD and FaF are characterized as moderately corrosive to concrete and steel (NRCS, 2008a).

. Huichica loam (HtC) - occurs in elevations between 100 and 300 feet amsl and is found on terraces. The parent material of HtC is alluvium, which was derived from igneous, metamorphic, and sedimentary rock. This soil type has a restrictive feature at a depth of 20-40 inches. The depth to the water table is greater than 80 inches. HtC is characterized as highly corrosive to both concrete and steel (NRCS, 2008a).

. Spreckels loam (SkD) – This soil typically occurs at elevations between 100 and 800 feet amsl and is commonly located on hillsides. The parent material for SkD soils is residuum weathered from metavolcanics. As with the other soils, the depth to the water table is also greater than 80 inches. SkD is characterized as moderately corrosive to concrete and steel with moderate shrink-swell potential (NRCS, 2008a).

Analytical Environmental Services 3-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

SOIL HAZARDS Soil Erosion Soil erosion is the wearing and removal of soil materials from the ground surface and the transportation of these soil materials resulting in deposition elsewhere. Mechanisms of soil erosion include storm water runoff and wind, as well as human activities, such as changes in drainage patterns and removal of vegetation. Factors that influence erosion include physical properties of the soil, topography (slope), and annual rainfall and peak intensity. The United States Department of Agriculture (USDA) rates the erosion potential of a map unit by taking all of the above into consideration. The ratings range from “slight” to “very severe.” The erosion ratings of the six seven soils within the project site are provided in Table 3-1. All of the soils on the project site are considered to have “moderately high” to “very high” hydraulic conductivity (Table 3-1). The hydraulic conductivity class describes the rate at which water flows though the soil; a high hydraulic conductivity refers to soils that can absorb a lot of water quickly, fast enough that only a moderate percentage of storm water becomes runoff.

Liquefaction Liquefaction involves soils that become highly saturated and lose their cohesive strength and subsequently act as a liquid, rather than a solid mass. Soils comprised of sands and inland fill in areas with high groundwater tables or rainfall are subject to liquefaction during intense seismic shaking events. The project site has a low percentage of sandy soils, making the risk of liquefaction minimal.

Landslides Areas susceptible to landslides are comprised of weak soils on sloping terrain. Landslides can be induced by weather, such as heavy rains or strong seismic shaking events. The majority of the project site is located within an area designated as having low incidence of landslides (USGS, 1982). The western portion of the project site has relatively unstable rock and soil units, with slopes greater than 15 percent, containing abundant landslides. Two landslides were observed during the geotechnical study (RGH Consultants, 2008). One landslide, located on the northern edge of APN 066-300-033 is characterized as a recently active earthflow with an estimated thickness of landslide deposits of 5 five to 20 feet. The second landslide, located near the existing well on APN 066-300-033, is characterized as a recently active earthflow with an estimated landslide deposit thickness of less than 5 five feet.

3.1.5 MINERAL RESOURCES

The most predominantly mined mineral in Sonoma County is aggregate for the processing of rock, sand, and earth products used for landscaping purposes (Sonoma County, 2008). In California, local agencies must adopt a mineral management plan that recognizes important mineral resources to the State and assist in the management of such resources. Sonoma County

Analytical Environmental Services 3-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment has adopted the Aggregate Resources Management (ARM) Plan, which recognizes aggregate resources classified as Mineral Resource Zone 2 (MRZ-2) by State geologists (Draft 187). According to the Sonoma County General Plan 2020 (General Plan; Sonoma County, 2008), there are no mineral resources located within the project site boundaries. However, such aggregate mineral resources inherent to the County are located approximately one mile to the west along the edges of the Russian River.

3.2 WATER RESOURCES

The following section describes the existing surface water, drainage, flooding, water supply, groundwater, water quality, and wastewater treatment and disposal conditions in the area surrounding the project site.

3.2.1 SURFACE WATER, DRAINAGE, AND FLOODING Watersheds and Hydrology The project site is located within the Russian Watershed, Hydrologic Unit Code #18010110 (USGS, 1978) and is bisected from north to south by the Guerneville and Mark West Hydrologic Sub Areas (HSA). The project site is located within the Russian River Basin (Basin), Hydrologic Unit Code No. 18010110, and is split between the Guerneville and Mark West sub basins. The Russian River Basin follows the Russian River from initiates approximately 16 miles north of Ukiah and drains to the Pacific Ocean, draining an area of 1,485 square miles. Altitudes in the Basin range from approximately 4,500 feet in the north to sea level in the southwest. Over 95 percent of the total precipitation in the Russian River Basin occurs during November through April. Precipitation in the Basin is highly variable by year and location; precipitation in general can range in amount from 15 to 85 inches and in addition coastal precipitation is greater than inland precipitation (RRWC, 2006b).

The Russian River is located approximately one mile west of the project site. The principal tributaries to the Russian River include East Fork, Sulphur Creek, Maacama Creek, Dry Creek, and Mark West Creek (RRWC, 2006a). A natural hydrologic break runs north to south down the center of the projects boundary. While the unnamed stream tributary to Windsor Creek along the eastern boundary is located within the Lower Russian River hydrologic area (HA), the unnamed stream tributary to the Russian River located in the northwest corner of the project site is part of the Middle Russian River HA. Eventually, most surface waters onsite drain to the Russian River. Drainage on the west of the project site occurs via drainage ditches that are part of the Town of Windsor’s roadside stormwater drainage system, which flow to an old gravel quarry that is adjacent to the Russian River. Drainage on the east of the project site occurs via an ephemeral drainage that outlets into an unnamed tributary to Windsor Creek and flows to Mark West Creek before joining the Russian River.

Analytical Environmental Services 3-8 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Over 95 percent of the total precipitation in the Russian River Basin occurs during November through April. Precipitation in the Basin is highly variable by year and location; precipitation in general can range in amount from 15 to 85 inches and in addition coastal precipitation is greater than inland precipitation (RRWC, 2006b).

Drainage Slopes on the project site range from 2 two to 50 percent. The Guerneville hydrologic sub area (HSA) drains the western portion of the property, while the Mark West HSA drains the eastern portion. Runoff from the western portion of the project site runs northeast into an unnamed drainage channel that flows west along Windsor River Road. This water (proposed discharge location #1 under Alternative B, Figure 2-2) crosses under Eastside Road and continues to flow south along the roadside drainage prior to terminating in the large abandoned gravel quarry adjacent the Russian River located west of the project site. The average width of the unnamed drainage channel is 2.4 meters while the average maximum depth is 15 centimeters. The unnamed drainage is only influenced by one ephemeral drainage from the project site and one other drainage to the north. The two drainages meet where the onsite drainage enters the roadside ditch along Windsor River Road. Bank stability is weak at this point, but improves at the location where the flow is culverted under the residential driveway downstream of the Windsor River Road crossing. As it reaches the point where it flows west into a large abandoned gravel quarry, the drainage becomes choked with emergent wetland species and transitions into a seasonal wetland. Once in the quarry, water evaporates or exchanges through underflow influence with the Russian River (AES, 2009b2010b; Stream Characterization: Appendix L). The path of the unnamed drainage channel is shown on Figure 5 of Appendix E and photographs of the drainage are provided in Figure 13 of Appendix EAppendix L.

Surface runoff from the eastern half of the property collects in one significant ephemeral channel that flows west to east, initiating flow in the roadside drainage ditch along Windsor River Road. The average width of the unnamed tributary drainage is 2.0 meters, while the average maximum depth is 18 centimeters. This drainage cuts southeast from Windsor River road and then meanders east as it slowly transitions into a seasonal wetland through the annual grasslandspasture onsite. This drainage enters a drop inlet which connects to the storm drain system from the housing development to the north. This storm drainage system flows directly into the unnamed tributary to Windsor Creek (proposed discharge location #2 under Alternative B, Figure 2-2). The exit point of this storm drainage system is just west of the stream channel, along the eastern property boundary. Two large concrete storm drain culverts empty into the unnamed tributary from this location. From this point downstream, the hydrology of the channel is significantly altered since the influence from point source storm drainage flows during heavy runoff events has evidently altered the character of the channel as noted in the channel dimensions at the southern property boundary (AES, 20092010b; Appendix L). The path of the unnamed tributary to Windsor Creek is shown on Figure 5 4 of Appendix EL, while

Analytical Environmental Services 3-9 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment photographs are provided in Figures 12 6 and 14 7 of Appendix EL.

A number of other ephemeral drainages and seasonal wetlands are located on the project site. These are discussed in Section 3.4 as well as the Biological Assessment, included as Appendix E.

Flooding Executive Order 11988 pertaining to floodplain management states that each federal agency shall “provide leadership and shall take action to reduce the risk of flood loss.” In order for each agency to carry out its responsibility, the order requires that each agency determine whether a project is located within a floodplain and consider alternatives to a project’s location within a floodplain. If the project must reside on a floodplain, the agency must minimize any potential impacts.

The Federal Emergency Management Agency (FEMA) is responsible for predicting the potential for flooding in most areas. FEMA routinely performs this function through the update and issuance of Flood Insurance Rate Maps (FIRMs), which depict various levels of predicted inundation. Map numbers 06097C0561E and 06097C0562E show that the majority of the project site is classified as Zone X. Zone X is designated for those lands that are outside the 100-year floodplains (FEMA, 2008). As shown in Figure 3-4, a small portion of the project site, located in the northwest corner of APN 066-300-028, is within the 500 year floodplain of the Russian River. In the vicinity of the project site, the nearest areas in the 100-year flood zone are approximately one mile west of the project site (Figure 3-4).

3.2.2 GROUNDWATER

The project site is located within the Santa Rosa Plain ground water sub basin (sub basin). The California Department of Water Resources’ (DWR) Bulletin 118 (2004) describes the sub basin as part of the larger Santa Rosa Valley Basin, which occupies the southern part of the Coast Ranges of Northern California. The sub basin has a surface area of 80,000 acres and is drained principally by Santa Rosa and Mark West Creeks, which flow westward into the Laguna de Santa Rosa. The principal aquifer in the vicinity of the project site is the Glen Ellen Formation. The Glen Ellen Formation overlies the Merced Formation in most places and the two formations are continuous in some locations (DWR, 2004). On average, wells drilled in the Glen Ellen Formation yield between one and 140 gallons per minute (gpm) (ECO:Logic, 2009a2010a,; 20- 092010b; Appendix C).

Analytical Environmental Services 3-10 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Project Boundary

FEMA FLOOD ZONES Feet H

100 Year Flood Zone RT NO !¢Ð 0 500 1,000 Outside of Flood Zone

500 Year Flood Zone Starr Rd Starr Rd Springfield Ct

Sirius Dr

EastsideRd EastsideRd

Starr Rd

Starr Rd

RUSSIAN RIVER

Stellar CtStellar Stellar CtStellar Windsor River Rd Windsor River Rd

Dorthea Ct

Ventnor Ave

IndianaIndiana AveAve

Starr Rd

Starr Rd

WINDSOR RIVER

Starr Rd Richardson Rd Starr Rd

A St

Lytton Residential Development Final EA / 207513 SOURCE: FEMA Q3 Flood Data, 1996; AES 2011 Figure 3-4 FEMA Flood Zones 3.0 Affected Environment

Pumping tests were completed in December 2008 for a test well located on APN 066-300-033. The results of these tests are included in the Hydrogeologic Investigation Report (ECO:Logic, 2010b) in Appendix C. The step test was completed at rates up to 272 gpm, while the constant discharge test was completed at 150.3 gpm. Analysis of the test data indicates that a production well could sustain a continuous pumping rate of 75 gpm without excessive drawdown. Based on the test well program the aquifer is approximately 300 feet thick in the vicinity of the project site (ECO:Logic, 2009a2010a; , 2009b2010b; Appendix C).

3.2.4 WATER QUALITY Surface Water Quality Section 303(d) of the Clean Water Act (CWA) requires that each State identify those waters within its boundaries that do not meet the water quality standards that have been set for them. Impaired water bodies occur where industrial and technological waste limits, or other legal mechanisms for pollution control, are not enough to meet water quality standards. When identified, a priority schedule for the development of total maximum daily loads (TMDLs) for each contaminant or “stressor” impacting the water body. Both the Mark West Creek and Guerneville HSAs are listed as impaired by the United States Environmental Protection Agency (USEPA). The Mark West Creek HSA is impaired due to sedimentation/siltation and temperature; the TMDL is scheduled to be completed in 2019 (USEPA, 2008a). The Guerneville HSA is impaired due to pathogens, pH, sedimentation/siltation, and temperature; the TMDL for pathogens was scheduled to be completed September 2008 while the others are scheduled to be completed by 2019 (USEPA, 2008b).

The 2008 2007 Water Quality Control Plan for the North Coast Region (Basin Plan) provides water quality objectives of inland surface waters for the North Coast Region, including the Basin. Table 3-2 lists the general water quality objectives by parameter according to the Basin Plan. Specific water quality objectives are listed for certain water bodies, including the Russian River (Table 3-3).

TABLE 3-2 WATER QUALITY OBJECTIVES OF INLAND SURFACE WATERS Parameter Description

Waters shall be free of coloration that causes nuisance or adversely affects beneficial Color uses Waters shall not contain taste or odor producing substances in concentrations that Tastes and impart undesirable tastes or odors to fish flesh or other edible products of aquatic Odors origin, or that cause nuisance of adversely affect beneficial uses. Waters shall not contain floating material in concentrations that could cause nuisance Floating Material or adversely affect beneficial uses. Suspended and Waters shall not contain suspended or settleable material in concentrations that could Settleable cause nuisance or adversely affect beneficial uses. Material

Analytical Environmental Services 3-12 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Parameter Description

Waters shall not contain oils, greases, waxes, or other materials in concentrations Oil and Grease that result in a visible film or coating on the surface of the water or on objects in the water, that cause nuisance, or that otherwise adversely affect beneficial uses. Waters shall not contain biostimulatroy substances in concentrations that promote Biostimulatory aquatic growths to the extent that such growths cause nuisance or adversely affect Substances beneficial uses. Turbidity shall not be increased more than 20 percent above naturally occurring background levels. Allowable zones of dilution within which higher percentages can Turbidity be tolerated may be defined for specific discharges upon the issuance of discharge permits or waiver thereof. Some waters have specific pH limits listed within the Basin Plan. For waters not pH listed, the pH shall not be reduced below 6.5 nor raised above 8.5. Some waters have specific dissolved oxygen concentrations listed within the Basin Dissolved Plan. For waters not listed, dissolved oxygen concentration limitations are based on Oxygen the water’s designation. The Bacteriological quality of waters of the North Coast Region shall not be degraded beyond natural background levels. Specific limits have been set for coliform in Bacteria waters designated for contact recreation or where shellfish may be harvested for human consumption. The natural receiving water temperature of intrastate waters shall not be altered Temperature unless it can be demonstrated to the satisfaction of the Regional Water Board that such alteration in temperature does not adversely affect beneficial uses. All waters shall be maintained free of toxic substances in concentrations that are toxic Toxicity to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. No individual pesticide or combination of pesticides shall be present in concentrations Pesticides that adversely affect beneficial uses. There shall be no bioaccumulation of pesticide concentrations found in bottom sediments or aquatic life. Radionuclides shall not be present in concentrations which are deleterious to human, plant, animal or aquatic life nor which result in the accumulation of radionuclides in Radio Activity the food web to an extent which presents a hazard to human, plant, animal, or indigenous aquatic life. Source: NCRWQCB, 2007a

TABLE 3-3 (REVISED) WATER QUALITY OBJECTIVES FOR THE RUSSIAN RIVER CND (micromhos) TDS (mg/l) DO (mg/l) pH 90% 50% 90% 50% 90% 50% Russian River Upper Upper Upper Upper Min Lower Lower Max Min Limit3 Limit4 Limit3 Limit4 Limit3 Limit4 Upstream1 320 250 170 150 7 7.5 10 8.5 6.5 Downstream2 375 286 200 170 7 7.5 10 8.5 6.5 Notes: CND= Conductivity TDS = Total Dissolved Solids DO= Dissolved oxygen 1=Upstream of Laguna De Santa Rosa 2=Downstream of Laguna De Santa Rosa 3=90% upper and lower limits represent the 90 percentile values for a calendar year. 4=50% upper and lower limits represent the 50 percentile values of the monthly means for a calendar year. Source: NCRWQCB, 2007a

Analytical Environmental Services 3-13 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

The Russian River watershed is listed under Section 303(d) as sediment and temperature impaired waterbody. In addition, two sections of the Russian River are listed as impaired for pathogen contamination. The segments are from Fifes Creed in Guerneville to Dutch Bill Creek in Monte Rio and upstream from Healdsburg Memorial Beach to Highway 101. TMDLs regarding temperature and sediment are scheduled to be completed by 2010. The North Coast Regional Water Quality Control Board (NCRWQCB), in cooperation with researchers at the University of California, Davis, has begun initial studies of the Russian River in order to establish a TMDL for pathogens (NCWQCB, 2007b). TMDLs regarding temperature and sediment are scheduled to be completed by 2019 (USEPA, 2008b). The Basin Plan places limitations on wastewater discharge into the Russian River and its tributaries. Wastewater discharge is prohibited during the period between May 15 and September 30 and all other periods when the wastewater discharge flow is greater than one percent of the receiving stream’s flow. Discharge during October 1 through May 14 must be advanced treated wastewater in accordance with effluent limitations contained in National Pollutant Discharge Elimination System (NPDES) permits for each affected discharger, and must meet a median coliform level of 2.2 mpn/100 ml2 (NCWQCB, 2007a). USGS gauging station #11466800 11464000 near Healdsburg has measuredrecorded the stream flow of the Russian RiverMark West Creek since 1939from October 2005 to October 2008. Table 3-4 shows the mean monthly flow as well as one percent of the mean monthly flow, average from October 2005 to September 20081939 to September 2007, and mean daily flow for 2006.

TABLE 3-4 (REVISED) MARK WEST CREEK FLOW DATA Mark West Creek Gauge #11466800, discharge (cfs) Monthly mean in cfs (Calculation Period: 2005-10-01 to 2008-09-30) Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2005 ~ ~ ~ ~ ~ ~ ~ ~ ~ 14.1 37.1 1,516 2006 1,317 486.6 1,585 1,282 82.6 28.7 11.8 7.02 4.33 9.65 51.7 315.4 2007 71.8 814.6 194 88.3 34.9 9.44 3.13 2.12 1.76 25.8 16.3 159 2008 1,369 719 100.9 35.2 13.5 4.98 1.6 0.444 0.16 ~ ~ ~ Mean 919 673 627 469 44 14 5.5 3.2 2.1 17 35 663 Notes: Cfs = Cubic Feet per Second ** No Incomplete data have been used for statistical calculation Source: USGS, 2010

The NPDES program established pursuant to the Clean Water Act (33 USC §§ 1251 to 1387) is a national program for regulating and administering permits for discharges to receiving waters. Under the Federal Clean Water Act, Indian Tribes can be treated as states for the purposes of the NPDES program [33 USC § 1377(e)]. However, the USEPA maintains regulatory authority over discharges to surface waters on Tribal lands. The Town of Windsor has a NPDES permit that allows discharge for treated municipal wastewater from the Windsor Wastewater Treatment, Reclamation, and Disposal Facility (WWTRDF) into Mark West Creek (USEPA, 2008c). The location of the discharge is shown on Figure 5 4 of Appendix EL. Because Mark West Creek is

Analytical Environmental Services 3-14 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment a tributary of the Russian River, discharge is prohibited during the summer months or anytime where the discharge would exceed one percent of river flows. In addition, no more than 17 µg/L of copper is allowed to be discharged monthly (NPDES permit No. CA0023345; USEPA 2007d). The WWTRDF is discussed in more detail in Section 3.9.2.

Groundwater Quality In order to protect drinking water supplies under the mandate of the Safe Drinking Water Act of 1974, the USEPA defines National Primary Drinking Water Regulations (primary standards). These are legally enforceable standards that apply to public water systems. These standards are established to protect human health by limiting the levels of contaminants in drinking water. The USEPA also defines National Secondary Drinking Water Regulations (secondary standards).

Near the Town of Windsor, magnesium chloride is present in the aquifer to a depth of approximately 100 feet. Many private well owners in the area have complained about the color and/or taste of the water. However, the overall quality of the groundwater in the Santa Rosa Plain is good (DWR, 2004).

A water quality analysis was completed from a sample of water taken from the test well on the project site. The results of the analysis show that the total dissolved solids (TDS) concentrations were 270 mg/L. The analysis also found levels of arsenic and manganese that did not meet California or Federal drinking water standards, therefore on-site treatment of groundwater will be required (ECO:Logic, 2009a2010a; 2009b2010b: Appendix C).

3.3 AIR QUALITY

3.3.1 PROJECT AREA AND VICINITY

The project area is located largely in the Bay Area Air Quality Management District (BAAQMD), which includes Marin, San Francisco, San Mateo, Santa Clara, Alameda, Contra Costa, Napa, and part of Sonoma and Solano counties. A small western portion of the project site is located within the Northern Sonoma Air Pollution Control District (NSAPCD )Coast Unified Air Quality Management District (NCUAQMD), which includes northern Sonoma County. The NSAPCD is part of the North Coast Air Basin (NCAB), along withwhich includes northern Sonoma, Del Norte, Humboldt, Trinity and Mendocino counties. The smaller western portion of the project site is located within the North Coast Air Basin (NCAB), while the larger eastern portion of the project site is located in the San Francisco Bay Area Air Basin (SFBAAB) (Figure 3-5). The residential development, community center, and related Tribal facilities will be primarily located on the larger eastern portion of the project site; therefore, impacts will be analyzed in Section 4.0 using information from the SFBAAB and the BAAQMD.

Analytical Environmental Services 3-15 Lytton Property Residential Development May 2011 Final Environmental Assessment Eastside Rd Arata Ln

£¤101

Los Amigos Rd Old Redwood Hwy

North Coast Air Basin

Windsor River Rd

Windsor Rd

San Francisco Bay Area Air Basin

LEGEND

Property Boundaries

Air Basin Boundary

Air Quality Management District

Northern Sonoma

San Francisco Bay Area

Feet H Shiloh Rd RT NO !¢Ð 0 1,000 2,000

Lytton Residential Development Final EA / 207513 SOURCE: State of California, Air Resources Board, 2010; AES, 2011 Figure 3-5 Air Management District Boundaries 3.0 Affected Environment

Marine winds and coastal fogs characterize the regional climate of the project site. Temperature inversions (warm air trapping cooler air near the ground surface) occur frequently in the region, particularly during fall and winter seasons. Winds typically originate from the south during spring, summer, and fall, and out of the northwest during winter. Wind speeds are highest during spring and lowest during fall. The regional temperature averages in the low 70s (degrees Fahrenheit) for highs and the mid-40s for lows. Precipitation averaged approximately 30 inches per year during the period between 1931 and 2005 [(Western Regional Climate Center (WRCC), 2008]).

3.3.2 REGULATORY CONTEXT

The Federal Clean Air Act (CAA) was enacted for the purposes of protecting and enhancing the quality of the nation’s air resources to benefit public health, welfare, and productivity. Basic components of the CAA and its amendments include national ambient air quality standards (NAAQS) for major air pollutants and state implementation plans (SIPs) to ensure these standards are met. Regulation of air pollution is achieved through both the NAAQS and emission limits for individual sources of air pollutants. The USEPA is the federal agency responsible for identifying criteria air pollutants (CAPs), establishing NAAQS, and approving and overseeing SIPs as they relate to the CAA.

3.3.3 CLIMATE CHANGE Federal In 1997 the Council on Environmental Quality (CEQ) circulated an internal draft memorandum (CEQ, 1997a) on how global climate change should be treated for the purposes of NEPA. The CEQ draft memorandum advised federal lead agencies to consider how proposed actions subject to NEPA would affect sources and sinks of green house gases (GHGs). During the same year, CEQ released guidance on the assessment of cumulative effects in NEPA documents (CEQ, 1997b). Consistent with the CEQ draft memorandum, climate change impacts were offered as one example of a cumulative effect.

The following are recent regulatory actions taken by the USEPA:

 On July 23, 2009, USEPA published a rule which proposes to establish the criteria for including sources or sites in a Registry of Recoverable Waste Energy Sources (Registry), as required by Energy Independence and Security Act of 2007. Waste energy can be used to produce clean electricity. The clean electricity produced by waste energy would reduce the need for non-renewable forms of electricity production; thus, reducing GHG emissions.

Analytical Environmental Services 3-17 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

 On September 15, 2009, USEPA and the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) proposed a new national program that would reduce greenhouse gas emissions and improve fuel economy for all new cars and trucks sold in the United States. USEPA proposed the first-ever national greenhouse gas (GHG) emissions standards under the Clean Air Act, and NHTSA proposed an increase in the Corporate Average Fuel Economy (CAFE) standards under the Energy Policy and Conservation Act.  In response to the Fiscal Year 2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110–161), USEPA has issued the Final Mandatory Reporting of Greenhouse Gases Rule. Signed by the Administrator on September 22, 2009, the rule requires in general that suppliers of fossil fuels and industrial GHGs, manufacturers of vehicles and engines outside of the light duty sector, and facilities that emit 25,000 metric tons or more of GHGs per year to submit annual reports to USEPA. The rule is intended to collect accurate and timely emissions data to guide future policy decisions on climate change.  On September 30, 2009 USEPA proposed new thresholds for GHG emissions that define when CAA permits under the New Source Review and title V operating permits programs would be required.

State California has been a leader among the states in outlining and aggressively implementing a comprehensive climate change strategy that is designed to result in a substantial reduction in total statewide GHG emissions in the future. California’s climate change strategy is multifaceted and involves a number of state agencies implementing a variety of state laws and policies. These laws and policies are briefly summarized below.

Assembly Bill 1493 (AB 1493) Signed by the Governor in 2002, AB 1493 requires that the CARB adopt regulations requiring a reduction in GHG emissions emitted by cars in the state. AB 1493 is intended to apply to 2009 and later vehicles. On June 30, 2009 the USEPA granted a CAA waiver, which the state needs in order to implement AB 1493.

Executive Order S-3-05 (EO S-3-05) EO S-3-05 was signed by the Governor on June 1, 2005. EO S-3-05 established the following statewide emission reduction targets:

 Reduce GHG emissions to 2000 levels by 2010,  Reduce GHG emissions to 1990 levels by 2020, and  Reduce GHG emissions to 80 percent below 1990 levels by 2050.

Analytical Environmental Services 3-18 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Assembly Bill 32 (AB 32) Signed by the Governor on September 27, 2006, AB 32 codifies a key requirement of EO S-3-05, specifically the requirement to reduce statewide GHG emissions to 1990 levels by 2020. AB 32 tasks CARB with monitoring state sources of GHGs and designing emission reduction measures to comply with the law’s emission reduction requirements. .

AB 32 required that CARB prepare a comprehensive “scoping plan” that identifies all strategies necessary to fully achieve the required 2020 emissions reductions. Consequently in early December 2008 CARB released its scoping plan to the public and approved by CARB board on December 12, 2008.

The scoping plan calls for an achievable reduction in California’s carbon footprint. Reduction of GHGs emissions to 1990 levels are proposed, which equates to cutting approximately 30 percent from “business-as-usual GHG emission levels projected for 2020, or about 15 percent from today’s levels. The scoping plan relies on existing technologies and improving energy efficiency to achieve the 30 percent reduction in GHG emission levels by 2020. The scoping plan provides the following key recommendation to reduce GHG emissions:

 Expanding and strengthening existing energy efficiency programs as well as building and appliance standards:  Achieving a statewide renewable energy mix of 33 percent;  Developing a California cap-and-trade program that links with other Western Climate Initiative partner programs to create a regional market system;  Establishing targets for transportation-related GHG emissions for regions throughout California, and pursuing policies and incentives to achieve those targets;  Adopting and implementing measures pursuant to existing State laws and policies, including California’s clean car standards, goods movement measures, and the Low Carbon Fuel Standard; and  Creating targeted fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State’s long term commitment to AB 32 implementation.

Executive Order S-01-07 (EO S-01-07) EO S-01-07 was signed by the Governor on January 18, 2007. It mandates a statewide goal to reduce the carbon intensity of transportation fuels by at least 10 percent by 2020.

Senate Bill 97 Signed by the governor on August 24, 2007, Senate Bill (SB) 97 required that the Governor’s Office of Planning and Research (OPR) prepare California Environmental Quality Act (CEQA)

Analytical Environmental Services 3-19 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment guidelines for evaluating the effects of GHG emissions and for mitigating such effects. The Natural Resources Agency adopted these guidelines on December 31, 2009.

The Governor’s Office of Planning and Research (OPR) released a Technical Advisory on June 19, 2008, titled CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act Review. The Technical Advisory provides informal, interim guidance for analyzing climate change impacts in advance of comprehensive amendments to the CEQA Guidelines to be prepared pursuant to SB 97. The CEQA Guidelines was released to the public on July 3, 2009. The Technical Advisory provides the following guidance when providing climate change analyses in a CEQA document:

 Each lead agency needs to develop its own approach to performing climate change analyses.  Lead agencies should determine whether GHGs are generated by the project and, if they are, they must be quantified.  A project’s impact can either be cumulatively or individually significant, but climate change is "ultimately a cumulative issue."  A lead agency must provide mitigation measures to avoid, reduce, or otherwise mitigate the impacts of GHG emissions.  There is no standard format for including the analysis in a CEQA document.  A less than significant impact can be presented using mitigation measures.  The Technical Advisory outlines mitigation measures.

In April 2009, OPR released the CEQA Guidelines Section Proposed to be Added or Amended, which included guidelines for evaluating the effects of GHG emissions and for mitigating such effects. On December 31, 2009, the Natural Resources Agency delivered its rulemaking package to the Office of Administrative Law for their review pursuant to the Administrative Procedure Act. The Adopted Amendments will not become effective until after the Office of Administrative Law completes its review of the Adopted Amendments and rulemaking file, and transmits the Adopted Amendments to the Secretary of State for inclusion in the California Code of Regulations. The CEQA Guidelines Section Proposed to be Added or Amended provides the following direction for consideration of climate change impacts in a CEQA document:

 The determination of significance of GHG emissions calls for a careful judgment by the lead agency.  A model or methodology shall be used to quantify GHG emissions resulting from a CEQA project.  Significance may rely on qualitative analysis or performance based standards.  The CEQA document shall discuss regional and/or local GHG reduction plans.  A CEQA document shall analyze GHG emissions if they are cumulatively considerable.

Analytical Environmental Services 3-20 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

 A description of the effects of climate change on the environment shall be included in CEQA documents.  A CEQA document shall contain mitigation measures, which feasibly reduce GHG emissions.  GHG analysis in a CEQA document may be Tiered or Streamlined.

Senate Bill 375 SB 375 was approved by the Governor on September 30, 2008. SB 375 provides for the creation of a new regional planning document called a “sustainable communities strategy” (SCS). An SCS is a blueprint for regional transportation infrastructure and development that is designed to reduce GHG emission from cars and light trucks to target levels that will be set by CARB for 18 regions throughout California. Each of the various metropolitan planning organizations and the Association of Bay Area Governments (ABAG) must prepare an SCS and include it in that region’s regional transportation plan. The SCS would influence transportation, housing, and land use planning. CARB will determine whether the SCS will achieve the region’s GHG emissions reduction goals. CARB has not approved any SCS plans as of January 28, 2010. Under SB 375 certain qualifying in-fill residential and mixed-use projects would be eligible for streamlined CEQA review.

Local Bay Area Air Quality Management District CEQA Guidelines The current approved BAAQMD CEQA Guidelines were released in December, 1999; it does not include any guidance for the evaluation of GHG project-level emissions, GHG threshold recommendations, or recommendation for the determination of significance of project-level GHG emissions. On October 9, 2009 the BAAQMD released its draft CEQA thresholds, which included thresholds for criteria pollutants and GHGs (BAAQMD, 2009). On November 9, 2009 the BAAQMD released new draft CEQA guidelines, which included the October 9, 2009 draft CEQA threshold. Revised draft CEQA guidelines were issued on December 9, 2009. The BAAQMD adopted the 2009 draft guidelines on June 2, 2010. All GHG thresholds and methodologies from the draft guidelines were adopted without change. In 1997 the Council on Environmental Quality (CEQ) circulated an internal draft memorandum (CEQ, 1997a) on how global climate change should be treated for the purposes of NEPA. The CEQ draft memorandum advised federal lead agencies to consider how proposed actions subject to NEPA would affect sources and sinks of green house gases (GHGs). During the same year, CEQ released guidance on the assessment of cumulative effects in NEPA documents (CEQ, 1997b). Consistent with the CEQ draft memorandum, climate change impacts were offered as one example of a cumulative effect.

Analytical Environmental Services 3-21 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.3.4 POLLUTANTS OF CONCERN

The USEPA has identified six CAPs that are both common and detrimental to human health. These CAPs are used as indicators of regional air quality. The six CAPs include: ozone (O3), carbon monoxide (CO), particulate matter ≤ 10 microns and ≤ 2.5 microns in diameter (PM10 and

PM2.5), nitrogen dioxide (NO2), and sulfur dioxide (SO2). Pollutants of concern are CAPs that are present in quantities exceeding the NAAQS in the applicable air quality management district. In the area monitored by the BAAQMD, ozone has been designated as a pollutant of concern. Because the District has exceeded the NAAQS for ozone on more than three days within three consecutive years, the BAAQMD is said to be in nonattainment for this CAP (see Table 3-5).

TABLE 3-5 (REVISED) NATIONAL AMBIENT AIR QUALITY STANDARDS NAAQS Averaging SFBAAB Pollutant Standard in Standard in Time parts per micrograms per cubic Violation Criteria Attainment Status million (ppm) meter (µg/m3) If exceeded on more O 8 hours 0.075 157 Nonattainment 3 than 3 days in 3 years

If exceeded on more CO 8 hours 9 10,000 Attainment than 1 day per year

If exceeded on more PM 24-hour N/A 150 Unclassified 10 than 1 day per year

If exceeded on more PM 24-hour N/A 35 Nonattainment1 2.5 than 1 day per year

NO2 Annual N/A 100 If exceeded Attainment

If exceeded on more SO 1-hour 0.03 80 Attainment 2 than 1 day per year 1 On October 8, 2009 the SFBAAB was redesignated nonattainment by the EPA for PM2.5, this designation takes effect 90 days after noticed of the redesignation appears in the Federal Registry. Source: CARB, 2008a, BAAQMD, 2008

Ozone The largest source of ground-level ozone is the incomplete combustion of fossil fuels, which results in emissions of reactive organic gases (ROG) and oxides of nitrogen (NOX). These ozone precursors react in the atmosphere in the presence of sunlight to form ozone. Because the rate of this photochemical reaction depends on air temperature and the intensity of ultraviolet light, ozone is primarily a summer air pollution problem. Often the effects of the emitted ROG and

NOX are observed at a distance downwind of the emission sources. Ozone is subsequently considered a regional pollutant, as the reactions forming it take place over time and downwind from the sources of the emissions. As a photochemical pollutant, ozone is formed only during daylight hours under appropriate conditions, but is destroyed throughout the day and night. Thus,

Analytical Environmental Services 3-22 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment ozone concentrations vary depending upon both time of day and location.

Particulate Matter (PM2.5) Particle pollution is a mixture of microscopic solids and liquid droplets suspended in air. This pollution, also known as particulate matter, is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, soil or dust particles, and allergens (such as fragments of pollen or mold spores). The size of particles is directly linked to their potential for causing health problems. Particulate matter less 2.5 m in diameter (PM2.5) pose the greatest public health concerns, because they are small enough to enter the bloodstream.

Hazardous Air Pollutants In addition to the criteria air pollutants, another group of airborne substances, called Hazardous Air Pollutants (HAPs) are known to be hazardous to human health. HAPs are airborne substances capable of causing short-term (acute) and/or long-term (chronic or carcinogenic) adverse human health effects. HAPs can be emitted from a variety of common sources, including fueling stations, vehicles, dry cleaners, industrial operations, and painting operations. Farms, construction sites, and residential areas can also potentially contribute to toxic air emissions. HAPs are regulated under the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations.

3.3.5 MONITORING DATA

Monitors that collect air quality data are located at stations throughout the SFBAAB and California. Some monitoring stations collect data on all six federal CAPs, while others are specialized and only collect data for certain CAPs. Table 3-6 shows data on the BAAQMD pollutant of concern (ozone) collected at the Santa Rosa-5th Street Monitoring Station, which is the closest monitoring station to the project site.

TABLE 3-6 (REVISED) EXCEEDANCES OF NAAQS IN THE SFBAAB Pollutant 2007 2008 2009 Ozone (8-hour averaging time)1 Highest (ppm) 0.059 0.064 0.065 Days >0.075 ppm 0 0 0 PM2.5 (24-hour) Highest (µg/m3) 36.6 48.5 * Days >35 µg/m3 0 0 0 1 Data provided by the Santa Rosa-5th Street monitoring station. * There was insufficient (or no) data available to determine the value. Source: CARB, 2008c.

3.3.6 SENSITIVE RECEPTORS

Sensitive receptors are generally defined as land uses that house or attract people who are

Analytical Environmental Services 3-23 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment susceptible to experience adverse impacts from air pollution emissions and, as such, should be given special consideration when evaluating air quality impacts from projects. Sensitive receptors include facilities that house or attract children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Hospitals, schools, convalescent homes, parks and recreational facilities, and residential areas are examples of sensitive receptors.

Sensitive receptors in the vicinity of the project site primarily include primarily nearby residences. The closest of these are located approximately 50100 feet east north of APN 066- 191-01622 and approximately 100 feet east west of APN 066-191-01920. AnOother nearby residences is are located approximately 50 feet north of APN 066-300-017 south of Windsor River Road and 150 feet north of APN 066-300-031, on the north side of Windsor River Road. Approximately seven fifteen residences are located on large individual parcels within 0.25 miles of the proposed project site. A high-density residential development is located directly north of APN 066-191-022 and east of APN 066-050-047; approximately 10 35 houses in this development are located along Windsor River Road in the vicinity of the Proposed Project’s northeast corner (bordering APNs066-050-047, 0666-191-021 and 066-191-022). The nearest schools are the Windsor Cooperative Nursery and the Cali Calmecac Charter School, both of which are located approximately 0.50 miles from the project site.

3.4 BIOLOGICAL RESOURCES

This section describes the existing biological resources that occur within the project site and general vicinity. The assessment of the existing biological resources is based upon the results of biological field surveys, which were conducted to document the existing habitat types onsite and to assess the potential for occurrence and/or presence of federally listed species and/or their habitats. The following discussion of existing biological resources provides the basis from which potential environmental consequences were identified and measured. More detailed information is provided in the Biological Assessment (AES, 2009b2010a) included as Appendix E.

3.4.1 ENVIRONMENTAL SETTING

The project site is located in central Sonoma County, within the Russian River Valley. Sonoma County has a Mediterranean climate regime characterized by hot, dry, sunny summers and cool, rainy winters. Offshore winds and fog from the Pacific Ocean are common and these factors tend to moderate the climate in Sonoma County. Evening temperatures are frequently much cooler than midday temperatures and mornings are prone to coastal fog. The mean annual temperature range near the Town of Healdsburg is approximately 46 to 74 Fahrenheit (F). The average annual precipitation near the Town of Healdsburg is approximately 42 inches, with a maximum of approximately 8.81 inches during the month of January. This climate data was collected from 1931 to 2007 (WRCC, 2007).

Analytical Environmental Services 3-24 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

The project site is composed of gently rolling terrain and is situated at elevations that range from approximately 95 feet to 220 feet (29 to 67 meters) above mean sea level. An unnamed tributary to Windsor Creek is located along the eastern boundary and the Russian River is located approximately 1,071 meters (3,515 feet) west of the project site. The Russian River Valley falls within climate Zone 14 “Ocean-influenced Northern and Central California.” Climate Zone 14 includes inland areas with oceanic or other cold air influence. This climate zone is a linear region that runs from Humboldt County to Santa Barbara County. The local and regional geology is within the Outer North Coast Range (NCoRO) geomorphic province, and is characterized by redwood, mixed-evergreen, and mixed-hardwood forests and by very high rainfall. This geomorphic province occurs within the greater California Floristic Province (Ca-FP), thus is equivalent to “cismontane” as often cited in other scientific texts (Hickman, 1993).

The project site is situated in a rural residential/agricultural setting near the Town of Windsor, approximately one mile west of the town center. APNs 066-191-017, 066-191-018, 066-191-022, 066-050-040 and 066-050-047, which comprise approximately 41.23 acres of the project site, are within the sphere of influence of the Town of Windsor (Table 1-1). Specific surrounding land uses include rural residences, agriculture (vineyards and pastures), and undeveloped parcels. The project site is predominantly undeveloped and uncultivated. However, several abandoned and/or occupied residences and associated structures are located on-site. Twelve existing residences and other associated buildings are located within APNs 066-300-031, 066-300-028, 066-191-020, 066-191-017, 066-300-023, 066-300-017, 066-191-016, 066-191-019, 066-191-021 and 066-050- 040. The project site is situated within the North Coast Ranges, on the west side of State Highway 101, just west of the Town of Windsor and south of the Town of Healdsburg, in Sonoma County, California. It is located within the Russian Watershed, Hydrologic Unit Code #18010110 (USGS, 1978). The majority of the project site is currently undeveloped and uncultivated.

The Russian River Valley falls within climate Zone 14 “Ocean-influenced Northern and Central California.” Climate Zone 14 includes inland areas with oceanic or other cold air influence. This climate zone is a linear region that runs from Humboldt County to Santa Barbara County (Hickman 1993). The local and regional geology is within the Outer North Coast Range (NCoRo) geographic subdivision of California. The NCoRo is characterized by redwood, mixed- ever-green, and mixed-hardwood forests and by very high rainfall. The NCoRo subdivision is part of the larger Northwestern (NW) geographic division, which is a component of the larger California Floristic Province (Ca-FP); thus is equivalent to “cismontane” as often cited in other scientific texts (Hickman, 1993).

Analytical Environmental Services 3-25 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.4.2 REGULATORY SETTING Federal Endangered Species Act The United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) implement the Federal Endangered Species Act (FESA) of 1973 (16 USC Section 1531 et seq.). Under the FESA, threatened and endangered species on the federal list and their habitats (50 CFR Subsection 17.11, 17.12) are protected from “take” (i.e., activities that harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect) as well as any attempt to engage in any such conduct, unless a Section 10 Permit is granted to an individual or a Section 7 consultation and a Biological Opinion with incidental take provisions are rendered from the lead federal agency. Pursuant to the requirements of FESA, an agency reviewing a Proposed Project within its jurisdiction must determine whether any federally listed species may be present within the project site and vicinity and determine whether the Proposed Project will have a potentially significant impact upon such species. Under FESA, habitat loss is considered to be an impact to the species. In addition, the agency is required to determine whether the project is likely to jeopardize the continued existence of any species proposed to be listed under FESA or result in the destruction or adverse modification of critical habitat proposed to be designated for such species (16 USC Section 1536[3], [4]). Therefore, project-related impacts to these species, or their habitats, would be considered significant and require mitigation.

Under FESA, critical habitat may be designated by the Secretary of the Interior for any listed species. The term "critical habitat" for a threatened or endangered species refers to the following: specific areas within the geographical range of the species at the time it is listed that contain suitable habitat for the species, which may require special management considerations or protection; and specific areas outside the geographical range of the species at the time it is listed that contain suitable habitat for the species and is determined to be essential for the conservation of the species. Under Section 7 of the FESA, all federal agencies (including USFWS and NMFS) are required to ensure that any action they authorize, fund, or carry out will not likely jeopardize the continued existence of a listed species or modify their critical habitat.

Santa Rosa Plain Conservation Strategy The USFWS, in cooperation with the USEPA, U.S. Army Corps of Engineers (USACE), California Department of Fish and Game (CDFG), North Coast Regional Water Quality Control Board (NC-RWQCB), and other local jurisdictions and interests, has developed a strategy to conserve and contribute to the recovery of several federally-listed species of the Santa Rosa Plain and their habitats. This document is titled The Santa Rosa Plain Conservation Strategy (Conservation Strategy) and identifies potential habitat and survey guidelines for the five listed species that are known to occur within the Santa Rosa Plain area that reaches from the City of Cotati north to the Town of Windsor (and encompasses the project site) (USFWS, 2005a). These species include the federally endangered California Tiger Salamander (CTS) (Ambystoma

Analytical Environmental Services 3-26 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment californiense), federally endangered Sonoma sunshine (Blennosperma bakeri), federally endangered Burke’s goldfields (Lasthenia burkei), federally endangered Sebastopol meadowfoam (Limnanthes vinculans), and federally endangered many-flowered navarretia (Navarretia leucocephala ssp. plieantha).

The project site falls outside the known range of CTS (USFWS, 2005a). However, it is within the range of the four listed plant species that are known to occur on the Santa Rosa Plain (four listed plant species). As such, determinant-level protocol surveys are required. In order to substantiate negative findings for the four listed plant species, the Conservation Strategy requires a minimum of two years of negative protocol survey results for future permitted actions. The protocol requires that at least three separate floristic surveys be conducted during the duration of the growing season within the project site for two consecutive years and that each one of these three floristic surveys be conducted at a time when at least one of the four listed plant species is identifiable (i.e., blooming) at a local reference site. Should these criteria not be met, USFWS will assume presence for all four listed plant species.

Additional information regarding permitting requirements is available in a Programmatic Consultation for USACE 404 Permitted Projects that May Affect Four Endangered Plant Species on the Santa Rosa Plain, California (File Number 223420N) (USFWS, 2007). USFWS requires mitigation for impacted aquatic features that constitute suitable habitat for the four listed plant species (i.e., wetland features that are not occupied by the four listed plant species) and the mitigation ratios vary according to whether or not presence of these plant species is documented, assumed, or substantiated-negative. By definition, suitable habitat for the four listed plant species includes suitable vegetative conditions in combination with specified topographic and hydrologic conditions. The following vegetative conditions must be present: areas that support vernal pool indicator species and seasonal wetland areas where weedy grasses contribute less than 90 percent of the relative vegetation cover (CH2M Hill, 1998). The vegetative conditions must occur in combination with one or more of the following topographic and hydrologic conditions: the wetland area has not been entirely filled such that the wetland no longer floods or ponds and the original topography no longer exists, the wetland has an outlet barrier or occurs in depressional terrain, or the wetland contains surface water during the rainy season in a normal rainfall year for seven or more consecutive days (CH2M Hill, 1998).

Migratory Bird Treaty Act Most bird species, (especially those that are breeding, migrating, or of limited distribution) are protected under federal and/or state regulations. Under the Migratory Bird Treaty Act of 1918 (16 USC Subsection 703-712), migratory bird species, their nests, and their eggs are protected from injury or death, and any project-related disturbances during the nesting cycle. As such, project-related disturbances must be reduced or eliminated during the nesting cycle.

Analytical Environmental Services 3-27 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Bald and Golden Eagle Protection Act The Bald Eagle Protection Act was originally enacted in 1940 to protect bald eagles and was later amended to include golden eagles (16 USC Subsection 668-668). This act prohibits the taking or possession of and commerce in bald and golden eagles, parts, feathers, nests, or eggs with limited exceptions. The definition of take includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb. Bald eagles may not be taken for any purpose unless a permit is issued prior to the taking. Activities which can be authorized by permit are: scientific collecting/research, exhibition, tribal religious, depredation, falconry, and the taking of inactive golden eagle nests, which interfere with resource development or recovery operations. The statute imposes criminal and civil sanctions as well as an enhanced penalty provision for subsequent offenses.

Wetlands and Waters of the U.S. The USACE has primary federal responsibility for administering regulations that concern Waters of the U.S. (including wetlands), under Section 404 of the Clean Water Act (CWA). Section 404 of the CWA regulates the discharge of dredged or fill material into waters of the U.S. The USACE requires that a permit be obtained if a project proposes the placement of structures within, over, or under navigable waters and/or discharging dredged or fill material into waters below the ordinary high-water mark (OHWM). The USACE has established a series of nationwide permits (NWP) that authorize certain activities in waters of the U.S.

Waters of the U.S. are defined as “All waters used in interstate or foreign commerce; all interstate waters including interstate wetlands; all other waters such as intrastate lakes, rivers, streams (including intermittent and ephemeral streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds, where the use, degradation, or destruction of which could affect interstate commerce; impoundments of these waters; tributaries of these waters; or wetlands adjacent to these waters” (Section 404 of the CWA; 33 CFR Part 328). The limit of USACE jurisdiction for non-tidal waters (including non-tidal perennial and intermittent watercourses and tributaries to such watercourses) in the absence of adjacent wetlands is defined by the OHWM.

The OHWM is defined as “The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas” (Section 404 of the CWA; 33 CFR Part 328).

Wetlands are defined as “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions”

Analytical Environmental Services 3-28 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

(Section 404 of the CWA; 33 CFR Part 328).

In addition, a Section 401 Water Quality Certification Permit was established to comply with CWA Sections 301, 302, 303, 306 and 307 and is typically regulated by the Regional Water Quality Control Board (RWQCB). Anyone that proposes to conduct a project that may result in a discharge to U.S. surface wasters and/or “waters of the state” including wetlands (all types) year round and seasonal streams, lakes and all other surface waters would require a federal permit. At a minimum, any beneficial uses lost must be replaced by a mitigation project of at least equal function, value and area. Waste Discharge Requirements Permits are required pursuant to California Water Code Section 13260 for any persons discharging or proposing to discharge waste, including dredge/fill, that could affect the quality of the waters of the state.

Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Fishery Conservation and Management Act (MSFA) conserves and manages the fishery resources found off the coasts of the United States, the anadromous species, and the Continental Shelf fishery resources of the United States, including the conservation and management of highly migratory species through the implementation and enforcement of international fishery agreements. The NMFS enforces the MSFA and regulates commercial and recreational fishing and the management of fisheries resources. The Sustainable Fisheries Act of 1996 amended the MSFA to include new fisheries conservation provisions by emphasizing the importance of fish habitat in regards to the overall productivity and sustainability of U.S. marine fisheries (Public Law 104-267).

Under the MSFA, NMFS identifies, conserves, and enhances Essential Fish Habitat (EFH) for those species regulated under a federal Fisheries Management Plan (FMP). EFH is defined as “those waters and substrates necessary to fish for spawning, breeding, feeding, or growth to maturity.” The EFH Regulatory Guidelines (50 CFR 600.110) further interpret this definition as:

 Waters include aquatic areas and their associated physical, chemical, and biological properties that are used by fish and may include aquatic areas historically used by fish where appropriate.  Substrate includes sediment, hard bottom, structures underlying the waters, and associated biological communities.  Necessary means the habitat required to support a sustainable fishery and the managed species’ contribution to a healthy ecosystem.  “Spawning, breeding, feeding, or growth to maturity” covers a species’ full life cycle.

Federal agencies are required to consult with NMFS on all actions or proposed actions authorized, funded, or undertaken by the agency, which may adversely affect EFH (MSFA 305.b.2). Adverse affects are any impacts that reduce the quality and/or quantity of EFH.

Analytical Environmental Services 3-29 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Adverse affects can include direct (e.g., contamination or physical disruption), indirect (e.g., loss of prey or reduction in species fecundity), site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions (50 CFR 600.810).

There are four FMPs in California, Oregon, and Washington that identify EFH for groundfish, coastal pelagic species, Pacific salmon, and Pacific highly migratory fisheries. The Pacific Coast groundfish FMP manages over 82 species (e.g., rockfish, sablefish, flatfish, and Pacific whiting). Species considered pursuant under this FMP often, though not exclusively, occur on or near the ocean floor or other structures. The coastal pelagic species FMP manages finfish such as sardine, mackerel, anchovy, and the market squid. Species addressed in this FMP tend to occur nearer to the surface and EFH for these species is based on temperature range, life history cycles, and geographic distributions of these species. The Pacific salmon FMP includes both marine and freshwater EFH because of the unique biology of these species. As such, lakes, rivers, streams, ponds, wetlands, and other bodies of water that were historically accessible to salmon are considered EFH, including certain areas above artificial barriers. The FMP for highly migratory species manages mobile fishes such as tuna, swordfish, and sharks. EFH identified in this FMP is highly variable. It typically is defined in terms of area, depth, temperature, salinity, oxygen levels, currents, and topography.

Sonoma County Tree Ordinance State and local laws and ordinances addressing the protection of oaks and other trees are not applicable to trust lands, however, the standards and recommended requirements for tree preservation within the Sonoma County Tree Ordinance (Article 02: §26-02-140, Article 67: §26-67-005 through §26-67-050, and Article 88: §26-88-010 and §26-88-140) have been considered. The trees within the project site are not protected under federal law. The Sonoma County Code provides a level of protection for several native tree species, including: big leaf maple (Acer macrophyllum), black oak (Quercus kelloggii), blue oak (Quercus douglasii), coast live oak (Quercus agrifolia), interior live oak (Quercus wislizenii), madrone (Arbutus menziesii), oracle oak (Quercus morehus), Oregon oak (Quercus garryana), redwood (Sequoia sempervirens), valley oak (Quercus lobata), California bay (Umbellularia california), and their hybrids with DBH greater than nine inches. In addition, the Sonoma County Tree Ordinance (Ordinance) mandates additional protection for valley oak trees and valley oak woodlands that occur within a designated Valley Oak Habitat (VOH) Combining District as defined in the Open Space and Resource Conservation Element in the Sonoma County General Plan 2020 (Policy OSRC-7m: Sonoma County, 2008). The Ordinance requires that valley oak trees within the VOH Combining District with single trunks over 20 inches diameter at breast height (DBH), or multiple trunks with cumulative DBH exceed 60 inches be preserved to the maximum extent feasible and replaced if preservation is not feasible.

Analytical Environmental Services 3-30 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Tertiary Treated Discharge The proposed wastewater treatment and reclamation facilities facility (WTRF) and potential surface water discharge points locations for the first option under Alternative B (Figure 2-2) would be on trust land under the jurisdiction of the USEPA, which would require a USEPA Region 9 issued NPDES permit. Although the jurisdiction and regulatory obligations fall under federal authority for this project, the general Basin Plan water quality standards and beneficial use designations that have been established by the RWQCB would be considered by the USEPA. Beneficial uses specific to water bodies within Sonoma County are identified within the Water Quality Control Plan, North Coast Region (Basin Plan; (NCWQCB, 2007a). The Basin Plan identifies beneficial uses specific to the Guerneville and Mark West Creek HSAs of the Russian River Watershed. Each beneficial use requires different chemical or physical criteria for its protection.

The following have been designated by the NCWQCB (2007a) as existing beneficial uses for the Guerneville* and Mark West Creek HSAs:  Municipal and Domestic Supply  Agricultural Supply  Industrial Service Supply  Groundwater Recharge  Freshwater Replenishment  Navigation  Water Contact Recreation  Non-Water Contact Recreation  Commercial and Sport Fishing  Warm Freshwater Habitat  Cold Freshwater Habitat  Wildlife Habitat  Rare, Threatened, or Endangered Species  Migration of Aquatic Organisms  Spawning, Reproduction, and/or Early Development  Estuarine*(Guerneville HSA only)

3.4.3 METHODOLOGY Preliminary Research and Data Gathering Prior to conducting the biological field surveys AES staff reviewed the following resources:

. Aerial photographs of the project site, . USGS “Healdsburg, CA” 7.5-minute topographic quadrangle (USGS, 1993), . Online Soil Survey of Sonoma County, California (NRCS, 2008, 2010),

Analytical Environmental Services 3-31 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

. A USFWS list of federally listed special-status species with potential to occur within Sonoma County and the “Healdsburg, CA” 7.5-minute topographic quadrangle and within the eight surrounding quadrangles (“Jimtown,” “Mount Saint Helena,” “Mark West Springs,” “Santa Rosa,” “Sebastopol,” “Camp Meeker,” “Guerneville,” and “Geyserville”)Sonoma County (USFWS, 2009; query date December 24, 2009), . A California Natural Diversity Database (CNDDB) list of state and federally listed special-status species with potential to occur within the “Healdsburg, CA” 7.5-minute topographic quadrangle and the surrounding eight quadrangles (Jimtown, Mount Saint Helena, Mark West Springs, Santa Rosa, Sebastopol, Camp Meeker, Guerneville, and Geyserville) (CDFG, 2003; query date December 24, 2009), . A CNDDB map of state and federally listed special-status species that have been documented within a five-mile radius of the project site (CDFG, 2003; mapped June 2010), . A California Native Plant Society (CNPS) list of special-status plant species with potential to occur within the “Healdsburg, CA” 7.5-minute topographic quadrangle and the surrounding eight quadrangles (CNPS, 2009; query date December 24, 2009), and . A search of CDFG Anadromous Fish Passage Database (Cal Fish, 2009CDFG, 2010).

State and/or CNPS-listed species typically do not receive specific protection on Indian trust lands and are not necessarily afforded protection under the FESA. However, State and CNPS listed species were evaluated in terms of their overall contribution to the biodiversity of the project site and for the purpose of providing general information that is pertinent to the Proposed Project. The USFWS, CNDDB, and CNPS database research lists of regionally occurring special-status species are included for reference purposes in Appendix E.

A complete list of all of the regionally occurring special-status species reported in the scientific database queries was compiled for the project site (Attachment B to Appendix E). An analysis to determine which of these special-status species have the potential to occur within the project site was conducted. The habitat requirements for each regionally occurring special-status species were assessed and compared to the type and quality of habitats observed onsite during the field surveys. Several regionally occurring special-status species were eliminated due to lack of suitable habitat within the project site, elevation range, lack of suitable soil/substrate, and/or distribution. The analysis was also based on reviews of resource agency materials, pertinent scientific literature, aerial photography of the project site, topographic maps of the project site, and other local information. Special-status species determined to have the potential to occur within the project site are discussed in Section 3.4.5.

Biological Field Surveys AES staff conducted numerous biological field surveys throughout the project site over a period of several years. These surveys were conducted on April 5 and 30, May 1 and 30, July 31,

Analytical Environmental Services 3-32 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

August 1, November 27, 2007 and March 3, 4, 5, and 27, April 18, May 23, May 27, and October 16 and 17, 2008. Additional surveys were conducted on March 11 and 24, April 20, May 14, and June 29, 2009 and April 9, May 10, June 8, 14 and July 8, 2010. The surveys were conducted on foot and the entire project site has been evaluated extensively. During the surveys, the habitat types onsite were classified and further evaluated for the occurrence of and the overall potential to support special-status plant and animal species. Habitat classification was based on the classification systems presented in A Manual of California Vegetation (MCV) (Sawyer and Keeler-Wolf, 19952009), Preliminary Descriptions of the Terrestrial Communities of California (Holland, 1986), and A Guide to Wildlife Habitats of California (Mayer and Laudenslayer, Jr., 1988), but have been modified to reflect the existing site conditions. All visible plant and wildlife species were noted and identified to the lowest possible taxonomic level, which is required for accurate identification and reporting. All tracks, scat, etc. observed onsite were also noted. Plant species identification, nomenclature, and taxonomy followed The Jepson Manual: Higher Plants of California (Hickman, 1993) and A Flora of Sonoma County (Best et al[ed]., 1996). Wildlife identification, nomenclature, and taxonomy followed standard reference texts including: Sibley Field Guide to Birds of Western North America (Sibley, 2003), Field Guide to Western Reptiles and Amphibians (Stebbins, 2003), and Mammals of California (Jameson and Peeters, 2004).

These visits also included in-depth surveys for the species considered under the Conservation Strategy. The floristic survey efforts were conducted according to the Conservation Strategy protocol (USFWS, 2005a) and occurred within the appropriate bloom periods for all potentially occurring special-status plant species (AES, 2009g2010c; Attachment E to Appendix E).

AES staff conducted a formal wetland delineation within the project site to identify potentially jurisdictional waters of the U.S (AES, 2009f2010d). The wetland delineation survey efforts were conducted in accordance with the Sacramento District of the USACE’s Minimum Standards for Acceptance of Preliminary Wetland Delineations (USACE, 2001), the Corps of Engineers Wetland Delineation Manual (Wetland Training Institute, Inc., 1995), and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE, 2008).Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Arid West Region Supplement) (USACE, 2006). A stream characterization was conducted for the perennial drainage bordering the eastern edge of the property using the methods outlined in the RWQCB’s Surface Water Ambient Monitoring Programs 2007 Bioassessment Protocol Manual (Ode, 2007); a modified version of the physical habitat methodology was also used to characterize the unnamed drainage along the northwestern corner of the property (Appendix L, summarized in Appendix E).

In addition, AES staff conducted an arbor survey of the project site, and used the collected data to estimate the total number of native oak and other trees onsite (AES, 2009a2010e).

Analytical Environmental Services 3-33 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.4.4 RESULTS

This section summarizes the results of the field surveys that were conducted within the project site and provides further analysis of the data collected in the field.

Habitat Types The project site contains a variety of terrestrial and aquatic habitat types. Six terrestrial habitats were identified onsite: annual grassland, mixed oak woodland, oak savannah, mixed riparian, pasture, and ruderal/developed. Five Six aquatic habitat types were observed onsite: ephemeral drainage, perennial drainage, isolated pit, seasonal wetland, and seasonal wetland swale. A summary of the terrestrial and aquatic habitat types identified within the project site and the approximate acreages of each type is provided in Table 3-7. A map that illustrates terrestrial and aquatic habitat types within the project site is presented as Figure 8 of Appendix E and representative photographs of each habitat type are shown in Figures 9 and 10 of Appendix E.

TERRESTRIAL HABITATS Annual Grassland Approximately 5.488 acres of annual grassland habitat was mapped within the project site, which represents approximately 4.416.1 percent. Annual grassland habitat is scattered in small patches throughout the mixed oak woodland and oak savannah habitats on the project site, as well as a grassy hillside within APN 066-300-023 of approximately one acre. Trees are largely absent within this community type and it is generally dominated by non-native annual grasses and forbs. Native grasses found commonly in these areas included California oatgrass (Danthonia californica), blue wildrye (Elymus glaucus), and purple needlegrass (Nassella pulchra). Non- native grasses common within this habitat type included vernal grass (Anthoxanthum aristatum), wild oat (Avena fatua), quaking grass (Briza maxima), hedgehog dog-tail grass (Cynosurus echinatus), annual rabbit-foot grass (Polypogon monspeliensis), small patches of medusa-head grass (Taeniatherum caput-medusae), and rat-tail vulpia (Vulpia myuros). Non-native brome grasses (Bromus species) were notably uncommon in these areas. Native forbs commonly observed were harvest brodiaea (Brodiaea elegans), soap plant (Chlorogalum pomeridianum var. pomeridianum), blue dicks (Dichelostemma capitatum), plantain (Plantago erecta), mules ears (Wyethia glabra), Ithuriel’s spear (Triteleia laxa), sun cup (Camissonia ovata), buttercup (Ranunculus californicus) and butter and eggs (Triphysaria eriantha). Non-native forbs commonly observed were bur chervil (Anthriscus caucalis), filaree (Erodium botrys), Klamath weed (Hypericum perforatum), sanicle (Sanicula crassicaulis), common sow thistle (Sonchus oleraceous), torilis (Torilis arvensis), and vetch species (Vicia sativa and V. villosa). Small patches of this habitat type are scattered throughout the mixed oak woodland habitat onsite. Areas classified as annual grassland habitat within the project site are simply openings within the mixed oak woodland habitat. Trees are largely absent within this community type and it is dominated by non-native annual grasses and forbs. Plant species observed within this habitat

Analytical Environmental Services 3-34 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment type include: annual vernal grass, ripgut brome, soft brome, medusa-head grass, rat-tail vulpia (Vulpia myuros), blue dicks (Dichelostemma capitatum), mules ears (Wyethia glabra), Ithuriel’s spear (Triteleia laxa), sun cup (Camissonia ovata), winter vetch (Vicia villosa), and buttercup (Ranunculus californicus).

TABLE 3-7 (REVISED) SUMMARY OF HABITAT TYPES WITHIN THE PROJECT SITE Habitat Type Acres Percent Area

Terrestrial Habitats Annual Grassland 5.48 4.41 Mixed Oak Woodland 53.59 43.14 Oak Savannah 8.21 6.61 Mixed Riparian 1.56 1.26 Pasture 36.78 29.61 Ruderal/Developed 16.99 13.68 Aquatic Habitats Ephemeral Drainage 0.379 0.31 Isolated Pit 0.022 0.02 Seasonal Wetland 0.624 0.50 Seasonal Wetland Swale 0.273 0.22 Stock Pond 0.266 0.21

Perennial Drainage 0.036 0.03 TOTAL 124.12 100% Source: AES 2010a (Appendix E)

Mixed Oak Woodland Approximately 50.45153.59 acres of mixed oak woodland habitat was mapped within the project site, which represents approximately 56.043.14 percent of the total property. The overstory of this community is composed of mature trees species including: Blue oak (Quercus douglasii), black oak (Quercus kellogii), coast live oak (Quercus agrifolia), and madrone (Arbutus menziesii). More specifically, Black Oak Forest Alliance (Sawyer et al., 2009) is found on ridgetops and slopes in the northwest quadrant of APN 066-300-031, as well as APNs 066-300- 033 and 066-300-028. The Black Oak Forest Alliance is dominated by black oak (> 50 percent) in the canopy, with madrone and coast live oak as subdominants. Non-riparian woodlands elsewhere on the project site are Blue Oak Woodland Alliance (Sawyer et al., 2009), where blue oak is dominant (> 50 percent) in the tree canopy, with coast live oak subdominant. Shrub and vine species observed within the oak woodlands on the project site include: poison oak (Toxicodendron diversilobum), Himalayan blackberry (Rubus armeniacus), coyote brush (Baccharis pilularis), scotch broom (Cytisus scoparius), pipevine (Aristolochia californica), and honeysuckle (Lonicera hispidula). The understory of this community is dominated by annual grasses and forbs, observed species included annual vernal grass, wild oat, quaking grass, hedgehog dog-tail grass, soap plant, filaree (Erodium botrys), Klamath weed, skunkweed (Navarretia squarrosa), blue-eyed grass (Sisyrinchium bellum), torilis, rose clover (Trifolium hirtum), and bird’s beak (Cordylanthus pilosus). Shrub and vine species observed within the mixed oak woodland habitat onsite include: poison oak (Toxicodendron diversilobum),

Analytical Environmental Services 3-35 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Himalayan blackberry (Rubus armeniacus), manzanita (Arctostaphylos sp.), coyote brush (Baccharis pilularis), scotch broom (Cytisus scoparius), pipevine (Aristolochia californica), and honeysuckle (Lonicera sp.). The understory of this community is dominated by annual grasses and forbs including annual vernal grass (Anthoxanthum aristatum), ripgut brome (Bromus diandrus), soft brome (Bromus hordeaceus), cheat grass (Bromus tectorum), medusa-head grass (Taeniatherum caput-medusae), quaking grass (Briza maxima), ryegrass (Lolium multiflorum), wild oat (Avena fatua), hedgehog dog-tail grass (Cynosurus echinatus), soap plant (Chlorogalum pomeridianum), filaree (Erodium botrys), Klamath weed (Hypericum perforatum), skunkweed (Navarretia squarrosa), blue-eyed grass (Sisyrinchium bellum), torilis (Torilis arvensis), rose clover (Trifolium hirtum), and bird’s beak (Cordylanthus pilosus). This habitat is considered a sensitive biological community by the State of California and Sonoma County. The majority of the woodland stands within the mixed oak woodland habitat consist of a monoculture of trees that appear to have become established within the same time period, probably following a clearing event within the project site. It appears that the woodland stands on site have not been managed, thinned, or otherwise altered in any way and this lack of management has resulted in severe overcrowding, competition, and a majority of specimens with multiple suppressed boles. Circumstances of this nature often result in dead limbs, higher rates of disease, insect infestation, parasites, build-up of woody debris (i.e., fuel), and a thick, jagged, and impenetrable overstory. This is the case within some sections of the project site. The overall lack of management has resulted in severe fuel build-up, and such extreme overcrowding poses a dangerous fire threat.

Oak Savannah Approximately 8.019 21 acres of oak savannah habitat was mapped within the project site, which represents approximately 8.96.61 percent. The mixed oak savannah habitat type within the project site is very similar to the mixed oak woodland habitat type, except for the density of trees within it. The mixed oak savannah habitat type has fewer trees within it and they are spaced at much greater distances. The plant species composition is the same as described for mixed oak woodland above, with the exception of the shrub/vine layer. This The shrub/vine stratum is largely absent within this community.

Mixed Riparian Approximately 1.205 56 acres of mixed riparian habitat was mapped within the project site, which represents approximately 1.3 26 percent. Mixed riparian habitat occurs along several of the drainages that were mapped within the project site. Plant species observed in the tree layer of this community include Valley oak (Quercus lobata), willows (Salix sp.), and Fremont’s cottonwood (Populus fremontii). The dominant plant species observed within the shrub/vine layer of this community are Himalayan blackberry and poison oak. Other plant species observed within the herbaceous layer of this community include: ryegrass, little quaking grass (Briza minor), and blue wild-rye (Elymus glaucus).

Analytical Environmental Services 3-36 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Pasture Pasture and developed areas dominate the eastern portion of the project site. Approximately 13.60536.78 acres of pasture habitat occurs within the southeastern region of the project site, which represents approximately 15.129.61 percent. Pasture south of Windsor River Road appears to be used primarily for horses, and pasture north of Windsor Road has been used primarily for cattle in recent years. Trees and shrubs are sparse within this community, although, remnant stands of blue oak woodland persist and there are a few stands of planted non-native shade trees. Pasture differs from annual grassland habitat in overall plant species composition and the distribution of native species, which reflects more intensive management through periodic plowing and seeding. Occasional natives observed on-site included California oatgrass and purple needlegrass in pastures on the north side of Windsor River Road. Pastures on the south side of Windsor River Road contained a greater cover of weedy forbs and non-native grasses. Dominant non-native grasses included: wild oat, quaking grass, ripgut brome, soft brome, barley (Hordeum murinum), ryegrass, medusa-head grass, and rat-tail vulpia. Non-native forbs that were common in the pasture included filaree, bur chervil, torilis, prickly sow thistle (Sonchus asper), Shamrock clover (Trifolium dubium), rose clover, vicia species, pineapple weed (Chamomilla suaveolens), field mustard (Brassica rapa), black mustard (Brassica nigra), Shepard’s purse (Capsella bursa-pastoris), bindweed/morning glory (Convolvulus arvensis), cut- leaved geranium (Geranium dissectum), shortpod mustard (Hirschfeldia incana), perennial/rough cat’s ear (Hypochaeris radicata), Spanish clover (Lotus purshianus), yellow wild radish (Raphanus raphanistrum) and sheep sorrel (Rumex acetosella). The following native forbs observed within pasture habitat include: soap plant, buttercup, sun cup, butter and eggs (Triphysaria eriantha), dove weed (Eremocarpus setigerus), bicolored lupine (Lupinus bicolor), and bracted popcorn flower (Plagiobothrys bracteatus). Various sections of the pasture habitat on-site are fenced and horses were observed within this habitat type during the field surveys. Trees and shrubs are largely absent within this community and it is dominated by non-native annual grasses and forbs. Plant species observed within this habitat type include: soap plant, buttercup, sun cup, filaree, yellow wild radish (Raphanus raphanistrum), ripgut brome, soft brome, medusa-head grass, rat-tail vulpia, and barley (Hordeum murinum).

Ruderal/Developed Approximately 10.40316.99 acres of ruderal/developed habitat was mapped within the project site, which represents approximately 11.513.68 percent. The areas classified as ruderal/developed habitat within the project site include all existing buildings and structures, any landscaped areas, roads, and parking areas, and otherwise disturbed regions. Non-native landscape plants observed in these areas included English walnut (Juglans regia), London plane tree (Platanus x acerifolia), Eucalyptus (Eucalytpus species), fig (Ficus carica), pomegranate (Punica granatum), apple (Malus species), plum (Prunus species), heavenly bamboo (Nandina domestica), periwinkle (Vinca major), and English ivy (Hedera helix). Most of the species

Analytical Environmental Services 3-37 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment observed within this habitat type are weedy, non-native species including fennel (Foeniculum vulgare), bindweed, mayweed (Anthemis cotula), morning glory (Convolvulus arvense), bristly oxtongue (Picris echioides), shortpod mustard (Hirschfeldia incana), bur clover (Medicago polymorpha), filaree, English plantain (Plantago lanceolata), prostrate knotweed (Polygonum arenastrum), ripgut brome, wild oat, and harding grass (Phalaris aquatica) and various lawn grasses.

AQUATIC HABITATS

Approximately 1.297 acres of wetlands and waters that were mapped within the project site are likely to be considered jurisdictional features by the USACE pursuant to the CWA. These include one stock pond, five seasonal wetlands, two seasonal wetland swales, nine ephemeral drainages and one perennial drainage (AES, 2010d). All the remaining wetlands and waters that were mapped within the project site are likely to be considered non-jurisdictional features by the USACE. One stock pond, two seasonal wetlands, one seasonal wetland swale and two isolated pits within the project site are likely to be considered non-jurisdictional pursuant to the Rapanos and Solid Waste Agency of Northern Cook County (SWANCC) decisions (totaling 0.287 acres) (AES, 2010d).

Ephemeral Drainage Ephemeral drainages are linear features that exhibit an ordinary high water mark (OHWM). They are seasonal features that typically convey rainwater and surface runoff flows seasonally and for short time periods. Unlike intermittent drainages, ephemeral drainages are not typically influenced by groundwater. Nine ephemeral drainages (approximately 0.167 379 acre or 3,618.738,270.10 linear feet) were mapped within the project site and this habitat type composes approximately 0.2 31 percent of the habitats on-site (AES, 2009b2010d). A few plant species were observed within the ephemeral drainages. However, they were predominantly unvegetated due to the scouring effects of flowing water. If plants do occur within ephemeral drainages, they tend to occur within the upper limits of the drainage or in areas where sediment has deposited that can function as a plant substrate. This habitat type comprises approximately 0.31 percent of the habitats on-site. Plant species observed within these feature types include: blue oak, coast live oak, madrone, ryegrass, torilis, tall flatsedge (Cyperus eragrostis), pennyroyal (Mentha pulegium), poverty rush (Juncus tenuis), ryegrass, fiddle dock (Rumex pulcher), sedge (Carex densa), torilis, Klamath weed, hedge nettle (Stachys ajugoides) and shortpod mustard (Hirschfeldia incana).

Isolated Pit The isolated pits within the project site are relatively deep manmade holes that were excavated within uplands. These constructed features are round to rectangular in shape and the excavated dirt is piled right beside them. Two isolated pits (approximately 0.022 acre) were mapped within

Analytical Environmental Services 3-38 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment the project site (AES, 2009b2010d). This habitat type comprises approximately 0.02 percent of the habitats on-site. The two isolated pits may have functioned as watering holes for cattle, test percolation pits, or potential sites for trash disposal. Creeping spikerush (Eleocharis macrostachya) was the dominant plant species observed within the isolated pits on-site.

Seasonal Wetland Seasonal wetlands are typically closed, depressional features that are ephemerally wet due to the accumulation of surface runoff and rainwater collection within low-lying areas. The length of inundation tends to be relatively short and seasonal wetlands are typically dominated by non- native, hydrophytic plant species. Six Seven seasonal wetlands (approximately 0.476 624 acre) were mapped within the project site and this habitat type composes approximately 0.5 percent of the habitats on-site (AES, 2009b2010d). Plant species observed within the seasonal wetlands include blue oak, ryegrass, fiddle dock, quaking grass, poverty rush, hedgehog dog-tail grass, pennyroyal, tall flatsedge, Bermuda grass (Cynodon dactylon), annual vernal grass, curly dock (Rumex crispus), soft brome, Mediterranean barley (Hordeum marinum), white water buttercup (Ranunculus aquatilis),and little quaking grass.

Seasonal Wetland Swale Seasonal wetland swales are typically linear-shaped features that lack a clearly defined bed and bank and do not exhibit an OHWM. The length of inundation within seasonal wetland swales is relatively short and seasonal. These features primarily carry surface runoff and rainwater from areas of higher elevation to areas of lower elevation. Two Three seasonal wetland swales (0.260 273 acre) were mapped within the project site and this habitat type composes approximately 0.3 22 percent of the habitats on-site (AES, 2009b2010d). Plant species observed within these seasonal wetland swales include: Valley oak, pennyroyal, tall flatsedge, ryegrass, cut-leaved geranium (Geranium dissectum), and curly dock.

Stock Pond Stock ponds are typically man-made pond features which usually have a clearly defined bed and bank and OHWM. Two stock ponds (approximately 0.266 acre) occur within the northern two parcels of the project site (AES, 2010d). This habitat type comprises approximately 0.21 percent of the habitats on-site. Dominant plant species observed within the stock ponds include spikerush and semaphore grass (Pleuropogon californicus); rye grass and wild oats were dominant along upland slopes.

Perennial Drainage Perennial drainages are linear features that exhibit an OHWM, have a clearly defined bed and bank, are typically inundated year-round, and have some degree of ground water contribution. A single perennial drainage (approximately 0.036 acre) was mapped within the project site for a

Analytical Environmental Services 3-39 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment total of 0.040 acre along the eastern boundary. This feature is an unnamed tributary to Windsor Creek and is shown as a blue-line stream on the “Healdsburg, CA” USGS quad (Figure 2, Appendix E). An OHWM was observed along the entire reach and this feature was inundated during the field surveys. Mixed riparian habitat surrounds the perennial drainage and the density and width of this corridor varies. Plant species observed within the riparian corridor associated with the perennial drainage on-site include Valley oak, blue oak, black oak, willows, Himalayan blackberry and poison oak. Plant species were largely absent within the actual channel due to the scouring effect of flowing water. A representative photograph of the perennial drainage is shown in Figure 12, Photo 1 of Appendix E.

Waters of the U.S. A formal wetland delineation of the project site was conducted (Figure 11, Appendix E). The wetland delineation report identified a total of 0.9651.297 acre of potentially jurisdictional wetland features onsite (AES, 2009f2010d). Of this acreage, it is likely that Another 0.109 287 acre of wetland features (i.e., one stock pond, two seasonal wetlands, one ephemeral drainageseasonal wetland swale and the two isolated pits) will not be considered jurisdictional waters of the U.S. This wetland delineation is subject to USACE verification under Section 404 of the CWA. If the USACE agrees that the previously mentioned features are not jurisdictional, then 0.8561.297 acres of wetlands and waters within the project site would be subject to USACE jurisdiction under the CWA. The wetland features are also depicted on the habitat map (Figure 8, Appendix E).

Total Number of Trees Within The Project Site Although none of the trees present on the site are protected under federal law, an arbor survey was conducted within the project site (AES, 2009a2010e). A total of 4,123 528 native trees are estimated to occur within the project site. The species composition of the native trees onsite includes (in order of abundance): blue oak, black oak, madrone, blue oak, Valley oakcoast live oak, madrone, and coast live oak Valley oak. Table 3-8 summarizes the results of the arbor survey (AES, 2009a2010e).

Plant and Wildlife Observed Within the Project Site A variety of wildlife species were observed within the project site during the field surveys (AES, 2009bAppendix E). Several of the species observed onsite include: pipevine swallowtail (Battus philenor), bullfrog (Rana catesbiana), Pacific chorus frog (Pseudacris regilla), gopher snake (Pituophis catenifer), ring-necked snake (Diadophis punctatus), western fence lizard (Sceloporus occidentalis), red-shouldered hawk (Buteo lineatus), turkey vulture (Cathartes aura), mourning dove (Zenaida macroura), violet-green swallow (Tachycineta thalassina), and black-tailed deer (Odocoileus hemionus). A complete list of wildlife species observed within the project site is included in Appendix E.

Analytical Environmental Services 3-40 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

TABLE 3-8 (REVISED) SUMMARY OF ARBOR SURVEY RESULTS Percentage of Number of Surveyed Number of Trees in Size Class Surveyed Trees in Trees in Each Size Class Each Size Class Each Size Class A 381 65.24% 2,954 6 ≤ DBH < 24 B 132 22.60% 1,023 24 ≤ DBH < 36 C 71 12.16% 550 DBH ≥ 36 Total 584 100% 4,528 Source: AES, 2010e.

Fisheries As detailed in the BA (Appendix E) and Stream Characterization (Appendix L) reports, the aquatic habitats onsite do not provide enough habitat complexity to support a diverse assemblage of aquatic organisms. In addition, the upper limit to anadromy lies downstream, south of the project site, at the confluence of Mark West Creek and Windsor Creek (Figure 5 4 of Appendix EL).

Special-Status Species For the purposes of this assessment, special-status has been defined to include those species that are listed as endangered or threatened under the FESA (or formally proposed and/or candidates for listing). While other state and/or CNPS-listed species may have potential to occur within the project site and its vicinity (and have been included in the baseline research that was conducted for the Proposed Project), these species generally receive no specific protection on Tribal trust land and are not necessarily afforded protection by the FESA. As discussed in Section 3.4.3, the results of the USFWS, CNDDB, and CNPS database research queries of regionally occurring species are included in Appendix E.

An analysis was conducted to determine which of these regionally occurring species has the potential to occur within the project site. As shown in Table 3-9, 14 six federal special-status plant species were determined to have potential to occur within the project site. An additional 19 non-federal species were identified as having potential to occur within the project site. The name, regulatory status, distribution, habitat requirements, and period of identification for all of these species are identified in Tables 3-9 and 3-10. No federal special-status animal species were found to have potential to occur within the project site. Of the 14 species identified as having potential to occur within the project site, only six of them are listed as threatened or endangered under the FESA. None of these the federal special-status plant species have been observed on the project site during years of surveys, as outlined in the Technical Memorandum (Attachment E to Appendix E). However, two CNPS List 4 species have been observed within the wetlands of the project site (Harlequin lotus and Lobb’s aquatic buttercup; see Attachment E to Appendix E).

Analytical Environmental Services 3-41 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

More detailed descriptions of these six federally-listed species (identified as having potential to occur within the project site) are provided under Species Descriptions below. Federal or other species determined to have no potential to occur within the project site are not further discussed within this document.

TABLE 3-9 (NEW TABLE) FEDERAL SPECIAL-STATUS PLANTS WITH POTENTIAL TO OCCUR IN PROJECT SITE SCIENTIFIC FEDERAL/ NAME, STATE/ HABITAT PERIOD OF DISTRIBUTION COMMON CNPS REQUIREMENTS IDENTIFICATION NAME STATUS Alopecurus FE/--/1B Known to occur in Marin and Sonoma Occurs in marshes and May-July aequalis var. counties. swamps (freshwater) and sonomensis Riparian scrub. Elevations; 5-365 meters. Sonoma alopecurus Blennosperma FE/CE/1B Known to occur in Sonoma County. Occurs in Valley and foothill March-May bakeri grassland (mesic) and vernal pools. Elevations; Sonoma 10-110 meters. sunshine * Lasthenia FE/CE/1B Known to occur in Lake, Mendocino, Occurs in meadows and April-June burkei Napa, and Sonoma counties. seeps (mesic) and vernal pools. Elevations; 15-600 Burke’s meters. goldfields * Lilium FE/CE/1B Known to occur in Sonoma County. Cismontane woodland, June - July pardalinum meadows and seeps, and ssp. pitkinense marshes and swamps (freshwater, mesic, sandy). Pitkin Marsh Elevations: 35-65 meters. lily Limnanthes FE/CE/1B Known to occur in Napa and Sonoma Occurs in meadows and April-May vinculans counties. seeps, Valley and foothill grassland, and vernal pools Sebastopol (vernally mesic). meadowfoam * Elevations; 15-305 meters. Navarretia FE/CE/1B Known to occur in Lake and Sonoma Occurs in vernal pools May-June leucocephala counties. (volcanic ash flow). ssp. plieantha Elevations; 30-950 meters. many-flowered navarretia * * denotes Species covered under the Santa Rosa Plain Conservation Strategy (USFWS, 2005a)

TABLE 3-109 (REVISED) REGIONALLY OCCURRING NON-FEDERAL SPECIAL STATUS SPECIES SCIENTIFIC FEDERAL/ NAME, STATE/ HABITAT PERIOD OF DISTRIBUTION COMMON CNPS REQUIREMENTS IDENTIFICATION NAME STATUS Plants Castilleja --/--/4.21 Known to occur in Alameda, Contra Costa, Coastal bluff scrub, coastal March - August ambigua ssp. Del Norte, Humboldt, Mendocino, Marin, prairie, coastal scrub, ambigua Napa, Santa Cruz , San Francisco marshes and swamps, (unverified), San Luis Obispo, San Mateo, Valley and foothill Johnny-nip Sonoma, as well as Oregon and grassland, vernal pool Washington. margins. Elevations: 0 to 435 meters.

Analytical Environmental Services 3-42 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

SCIENTIFIC FEDERAL/ NAME, STATE/ HABITAT PERIOD OF DISTRIBUTION COMMON CNPS REQUIREMENTS IDENTIFICATION NAME STATUS Centromadia --/--/1B.2 Known to occur in Butte, Colusa, Glenn, Chaparral, coastal prairie, May - November parryi ssp. Lake, Napa, San Mateo, Solano, and meadows and seeps, parryi Sonoma counties. marshes and swamps (coastal salt), and Valley pappose and foothill grassland tarplant (vernally mesic/often alkaline). Elevations: 2 to 420 meters. Downingia --/--/2.2 Known to occur in Fresno, Merced, Napa, Occurs in Valley and foothill March-May pusilla Placer, Sacramento, San Joaquin, Solano, grassland (mesic) and Sonoma, Stanislaus, Tehama, and Yuba vernal pools. Elevations: 1- dwarf counties. Also occurs in South America. 445 meters. downingia 1 Elymus --/--/4.3 Known to occur in Marin, Santa Cruz, San Broadleaf upland forest, May - August californicus Mateo, Sonoma counties. cismontane woodland, North Coast coniferous California forest, riparian woodland. bottlebrush Elevations: 15 to 470 grass meters. Fritillaria --/--/1B.2 Known to occur in Alameda, Contra Costa, Occurs in cismontane February-April liliacea Monterey, Marin, San Benito, Santa Clara, woodland, coastal prairie, San Francisco, San Mateo, Solano, and coastal scrub, and Valley fragrant Sonoma counties. and foothill grassland/often fritillary serpentinite. Elevations; : 3-410 meters. Hemizonia --/--/1B.2 Known to occur in Marin, Mendocino, San Valley and foothill April - November congesta ssp. Francisco, and Sonoma counties. grasslands (sometimes congesta roadsides). Elevations: 20-560 meters. seaside tarplant/pale yellow hayfield tarplant Legenere --/--/1B.1 Known to occur in Alameda, Lake, Napa, Vernal pools, sloughs April - June limosa Placer, Sacramento, Santa Clara, Shasta, ephemeral stock ponds San Joaquin, San Mateo, Solano, (CDFG, 2003). Elevations: Legenere Sonoma, Stanislaus Tehama, and Yuba 1 to 880 meters. counties. Leptosiphon --/--/4.21 Known to occur in Alameda, Butte, Contra Chaparral, cismontane April - July acicularis Costa (unverified), Fresno, Humboldt, woodland, coastal prairie, Lake, Mendocino, Marin, Napa, Santa and Valley and foothill Bristly Clara, San Mateo, and Sonoma counties. grassland. Elevations: 55 to leptosiphon 1,500 meters. 1 Lilium --/--/4.2 Known to occur in Del Norte, Glenn, Broadleaf upland forest, April - August rubescens Humboldt, Lake, Mendocino, Napa, Santa chaparral, lower montane Cruz*, Shasta, Siskiyou, Sonoma, and coniferous forest, North Redwood lily Trinity counties. Coast coniferous forest, upper montane coniferous forest/sometimes serpentinite, sometimes roadsides. Elevations: 30 to 1,750 meters.

Analytical Environmental Services 3-43 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

SCIENTIFIC FEDERAL/ NAME, STATE/ HABITAT PERIOD OF DISTRIBUTION COMMON CNPS REQUIREMENTS IDENTIFICATION NAME STATUS 1 Lotus --/--/4.2 Known to occur in Del Norte, Humboldt, Broadleaf upland forest, March - July formosissimus Mendocino, Monterey, Marin, San Benito, coastal bluff scrub, closed Santa Cruz, San Francisco, San Luis cone coniferous forest, Harlequin lotus Obispo, San Mateo, and Sonoma cismontane woodland, counties, as well as Oregon and coastal prairie, coastal Washington. scrub, meadows and seeps, marshes and swamps, North Coast coniferous forest, Valley and foothill grassland/wetlands, roadsides. Elevations: 0 to 700 meters. This species was observed within a wetland area of parcels surveyed prior to 2010. Microseris --/--/1B.2 Known to occur in Mendocino, Monterey, Occurs in closed-cone April-June (July) paludosa Marin, San Benito, Santa Cruz, San coniferous forest, Francisco (though may be extirpated), San cismontane woodland, marsh Luis Obispo, San Mateo (though may be coastal scrub, and Valley microseris extirpated), and Sonoma counties. and foothill grassland. Elevations; : 5-300 meters. Navarretia --/--/1B.2 Known to occur in Colusa, Glenn, Lake, Occurs in cismontane April-July leucocephala Mendocino, Marin, Napa, Solano, woodland, lower montane ssp. bakeri Sonoma, Sutter, Tehama, and Yolo coniferous forest, meadows Counties. and seeps, Valley and Baker’s foothill grassland, and navarretia vernal pools (mesic). Elevations: 5-1,740 meters. 1 Perideridia --/--/4.2 Known to occur in Contra Costa , Kern, Broadleaf upland forest, June - October gairdneri ssp. Los Angeles (may be extirpated), chaparral, coastal prairie, gairdneri Mendocino, Monterey, Marin, Napa, Valley and foothill Orange (may be extirpated), San Benito, grassland, vernal pools/ Gairdner’s Santa Clara, Santa Cruz, San Diego (may vernally mesic areas. perideridia be extirpated), San Luis Obispo, San Elevations: 0 to 365 Mateo (may be extirpated)(unverified), meters. Solano, and Sonoma counties. 1 Ranunculus --/--/4.2 Known to occur in Alameda, Contra Cismontane woodland, February - May lobbii Costa, Mendocino, Marin, Napa, Santa North Coast coniferous Cruz (may be extirpated)(unverified), San forest, Valley and foothill Lobb’s aquatic Mateo (may be extirpated)(unverified), grassland, Vernal buttercup Solano, and Sonoma counties, as well as pools/mesic areas. Oregon Elevations: 15 to 470 meters. This species was observed within a wetland area of parcels surveyed prior to 2010. Reptiles Actinemys --/CSC/-- In California, primarily north of the San Ponds, marshes, rivers, March - October marmorata Francisco Bay Area and west of the Sierra streams, and irrigation marmorata Nevada Range. ditches with aquatic vegetation. Requires northwestern basking sites and suitable pond turtle upland habitat for egg laying. Nest sites most often characterized as having gentle slopes (<15%) with little vegetation or sandy banks. Elevations range from 0 to approximately 1,525 meters. Birds

Analytical Environmental Services 3-44 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

SCIENTIFIC FEDERAL/ NAME, STATE/ HABITAT PERIOD OF DISTRIBUTION COMMON CNPS REQUIREMENTS IDENTIFICATION NAME STATUS Ardea --/--/-- Range extends from Alaska through Shallow estuaries, ponds, Year round herodias Canada and into northern South America. roadside ditches, fresh and In California, occurs in northern, central saline emergent wetlands great blue and southern counties across the state. and other wetland areas. heron Less common along riverine and rocky marine shores, in croplands, pastures, and in mountains above foothills. Elanus --/CFP/-- Permanent resident of coastal and valley Habitats include savannahh, Year round leucurus lowlands. open woodland, marshes, partially cleared lands and white-tailed cultivated fields, mostly in kite lowland situations. Nesting occurs in trees. Mammals Antrozous --/CSC/-- Locally common species at low elevations. Habitats occupied include Year Round pallidus It occurs throughout California except for grasslands, shrublands, the high Sierra Nevada from Shasta to woodlands, and forests from pallid bat Kern cos., and the northwestern corner of sea level up through mixed the state from Del Norte and western conifer forests, generally Siskiyou cos. to northern Mendocino Co. below 2,000 meters. The species is most common in open, dry habitats with rocky areas for roosting. Roosts also include cliffs, abandoned buildings, bird boxes, and under bridges. Taxidea taxus --/CSC/-- Found throughout most of California in Suitable habitat occurs in Year Round American suitable habitat. the drier open stages of badger most shrub, forest, and herbaceous habitats with friable soils. Badgers are generally associated with treeless regions, prairies, parklands, and cold desert areas. Cultivated lands have been reported to provide little usable habitat for this species. 1This species is not documented within the CNDDB because it is not listed pursuant through the CEQA review process. Though it is not required for the NEPA review process, CNPS recommends that List 3 and List 4 plant species also be considered. AES considered CNPS List 3 and 4 species during plant surveys; see Appendix E for more detail.

STATUS CODES

FEDERAL: United States Fish and Wildlife Service FE Federally Endangered

STATE: California Department of Fish and Game CE California Listed Endangered CSC California Species of Special Concern CFP California Fully Protected Species

CNPS: California Native Plant Society List 1B Plants Rare, Threatened, or Endangered in California and Elsewhere List 2 Plants Rare, Threatened, or Endangered in California (But More Common Elsewhere) List 3 Plants About Which More Information is Needed List 4 Plants of limited distribution

Months in parenthesis are uncommon. SOURCE: USFWS, 2009; CDFG 2003; CNPS, 2009.

Analytical Environmental Services 3-45 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

SPECIES DESCRIPTIONS Sonoma Alopecurus (Alopecurus aequalis var. sonomensis) Poaceae Family Federal Status – Endangered State Status – None Other – CNPS List 1B

Sonoma alopecurus is a perennial grass that occurs in freshwater marshes and swamps and riparian scrub habitats. This species occurs at elevations that range from five to 365 meters above mean sea level. Sonoma alopecurus blooms from May through July. The known range of this species includes Marin and Sonoma counties. This species is known for having spikelets (excluding the awns) that are less than four millimeters (mm) long and straight (as opposed to bent) awns that barely exceed the body of the lemmas by zero to two mm. Critical habitat has not been designated for this species and it does not have a recovery plan. The nearest documented occurrence of this species is located 4.85 miles southwest of the site (CDFG, 2003). The aquatic features and the mixed riparian habitat within the project site were considered marginally suitable habitat for this species. Sonoma alopecurus was not observed onsite during the floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom period for this species.

Sonoma Sunshine (Blennosperma bakeri) Asteraceae Family Federal Status – Endangered State Status – Endangered Other – CNPS List 1B

Sonoma sunshine is an annual herb that occurs in mesic areas within Valley and foothill grassland and vernal pool habitats at elevations that range from ten to 110 meters above mean sea level. In the northern portions of the Santa Rosa Plain (i.e., north of Highway 12), this species is known to occur on soils within the Huichica loam series. In the southern portions of the Santa Rosa Plain (i.e., south of Highway 12), Sonoma sunshine is likely to occur on soils within the Wright loam or Clear Lake clay series (USFWS, 2007). This species blooms from March through May. Sonoma sunshine is endemic to Sonoma County and this is the only region where this species occurs. It is known for having entire lower leaves, one to three lobed upper leaves, and ray flowers that have dark red stigmas. Critical habitat has not been designated for this species and it does not have a recovery plan. The nearest documented occurrence of this species is located 4.91 miles southeast of the project site (CDFG, 2003). Prior to conducting the floristic surveys, a reference population of this species was observed at the Todd Road location (Attachment E to Appendix E). The aquatic features and the annual grassland habitat within the project site were considered suitable habitat for this species. Sonoma sunshine was not observed onsite during the

Analytical Environmental Services 3-46 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom window for this species.

Burke’s Goldfields (Lasthenia burkei) Asteraceae Family Federal Status – Endangered State Status – Endangered Other – CNPS List 1B

Burke’s goldfields are annual herbs that occur in a variety of mesic habitats including meadows, seeps, swales, and vernal pools at elevations that range from 15 to 600 meters above mean sea level. In the northern portions of the Santa Rosa Plain (i.e., north of Highway 12), this species is known to occur on soils within the Huichica loam series. In the southern portions of the Santa Rosa Plain (i.e., south of Highway 12), Burke’s goldfields are likely to occur on soils within the Wright loam or Clear Lake clay series (USFWS, 2007). This species blooms from April through June. The known range of Burke’s goldfields includes Lake, Mendocino, Napa, and Sonoma counties. This species is known for having an unusual pappus that is composed of one long awn and several short scales. Critical habitat has not been designated for this species and it does not have a recovery plan. The nearest documented occurrence of this species is located 0.09 mile east of the project site (CDFG, 2003). Prior to conducting the floristic surveys, a reference population of this species was observed at the Alton Road Vernal Pool Preserve (Attachment E to Appendix E). The aquatic features within the project site are considered suitable habitat for this species. Burke’s goldfields were not observed onsite during the floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom period for this species.

Pitkin Marsh lily (Lilium pardalinum ssp. pitkinense) Liliaceae Family Federal Status – Endangered Stat Status – Endangered Other – CNPS List 1B

Pitkin Marsh lily is a bulbiferous herb that occurs in cismontane woodland, meadows and seeps, and in freshwater marshes and swamps on substrates that are mesic and sandy. It is found in elevations ranging from 35 to 65 meters above mean sea level. The Pitkin Marsh lily blooms from June through July. Its known range is restricted to Sonoma County. This species is known for having a pendant, nodding inflorescence, whorled leaves, and for occurring in moist habitats. It has two-toned perianth segments that are typically yellow toward the center and darker red at the tips. The anthers tend to be between six and 11 mm long and magenta colored and the pollen is red or brownish-orange. The bulb scales of this species typically have two segments. Critical habitat has not been designated for this species but it will be included in the recovery plan for coastal plants, which is under development. The nearest documented occurrence of this species is

Analytical Environmental Services 3-47 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment located 3.02 miles from the project site (CDFG, 2003). Prior to conducting the floristic surveys, a reference population was observed (Attachment E to Appendix E). The cismontane woodland and aquatic features within the project site are suitable habitat for this species. Pitkin Marsh lily was not observed within the project site during floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom period for this species.

Sebastopol Meadowfoam (Limnanthes vinculans) Limnanthaceae Family Federal Status – Endangered State Status – Endangered Other – CNPS List 1B

Sebastopol meadowfoam is an annual herb that occurs in meadows and seeps, Valley and foothill grassland, vernal pools, and other mesic areas at elevations that range from 15 to 305 meters above mean sea level. Most of the known occurrences of Sebastopol meadowfoam within the Santa Rosa Plain occur on Wright loam or Clear Lake clay soil series. A few other documented occurrences of this species within the Santa Rosa Plain are on other soil types including: Pajaro clay loam, Cotati fine sandy loam, Haire clay loam, and Blucher fine sandy loam series (USFWS, 2007). Sebastopol meadowfoam blooms from April through May. The known range of Sebastopol meadowfoam includes Napa and Sonoma counties. However, the occurrence and status of this species within Napa County is considered uncertain. Sebastopol meadowfoam is differentiated from other species in the genus by its stamens, petals, and leaflets. The stamens of this species are approximately five to eight millimeters long and the petals are approximately ten to 18 millimeters long. The petals of this species reflex (i.e., fall out as opposed to in) as the fruit matures. Sebastopol meadowfoam tends to have between three to five leaflets that are entire (as opposed to toothed or lobed). Critical habitat has not been designated for this species and it does not have a recovery plan. The nearest documented occurrence of this species is located approximately 2.15 miles southeast of the project site (CDFG, 2003). Prior to conducting the floristic surveys, a reference population of this species was observed at both the Todd Road site and the Alton Road Vernal Pool Preserve (Attachment E to Appendix E). The aquatic features and the annual grassland within the project site are considered suitable habitats for this species. Sebastopol meadowfoam was not observed within the project site during the floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom period for this species.

Many-flowered Navarretia (Navarretia leucocephala ssp. plieantha) Polemoniaceae Family Federal Status – Endangered State Status – Endangered Other – CNPS List 1B

Analytical Environmental Services 3-48 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Many flowered navarretia is an annual herb that occurs in vernal pool habitats. This species has an affinity for substrates that originated from volcanic ash flows. It occurs at elevations that range from approximately 30 to 650 meters above mean sea level and it blooms from May through June. Many-flowered navarretia (like Baker’s navarretia) is differentiated from the other subspecies because it has a corolla that is greater than or equal to the calyx and calyx lobes that are generally entire (as opposed to toothed). However, this species (ssp. plieantha) has low, spreading branches (as opposed to erect and ascending), and blue-tinged corollas. Critical habitat has not been designated for this species. However, it is included in the Recovery Plan for Vernal Pool Ecosystems of California and Oregon (USFWS, 2005b). The nearest documented occurrence of this species is located 2.04 miles southeast of the project site (CDFG, 2003). The aquatic features (i.e., seasonal wetlands) within the project site are considered marginally suitable habitat for this species. Many-flowered navarretia was not observed within the project site during the floristic surveys between 2007 and 2010, which were conducted within the appropriate bloom period for this species (Attachment E to Appendix E).

3.5 CULTURAL RESOURCES

An archaeological survey of APN 066-300-031 was conducted by AES in August 2007. Additional surveys of the remainder of the project site were conducted in October 2008 and, March 2009, July 2010, and October 2010. The cultural resources study and addendum (AES, 2009c 2009a and 2010f) is are bound under separate cover as Confidential Appendix F. The cultural resources study and addendum included a literature search, field surveys, and Native American consultation to identify and evaluate any prehistoric and historic-period resources within or adjacent to the project site that may be impacted by the proposed undertaking. Following is a summary of applicable sections of the cultural resources study.

3.5.1 REGULATORY SETTING National Historic Preservation Act Section 106 of the National Historic Preservation Act (NHPA) as amended, and its implementing regulations found in 36 Code of Federal Regulations (CFR) Part 800, require federal agencies to identify cultural resources that may be affected by actions involving federal lands, funds, or permitting. The significance of the resources must be evaluated using established criteria outlined 36 CFR 60.4, as described below.

If a resource is determined to be a historic property, Section 106 of the NHPA requires that effects of the development on the resource be determined. A historic property is defined as: “…any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in the National Register of Historic Places, including artifacts, records, and material remains related to such a property.” (NHPA Sec. 301[5]).

Analytical Environmental Services 3-49 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

The criteria for listing on the National Register of Historic Places (NRHP), defined in 36 CFR 60.4, are as follows:

The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, association, and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; B. That are associated with the lives of persons significant in our past; C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded, or may be likely to yield, information important to prehistory or history. Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.

National Environmental Policy Act (NEPA) NEPA requires that federal agencies take all practical measures to “preserve important historic, cultural, and natural aspects of our national heritage” (NHPA, Section 800.8(a)). NEPA’s mandate for considering the impacts of a federal project on important historic and cultural resources is similar to that of Section 106 of the NHPA, and the two processes are generally coordinated when applicable. Section 800.8(a) of NHPA’s implementing regulations provides guidance on coordination with NEPA.

Antiquities Act Passed in 1906, the Antiquities Act prohibits the collection, destruction, injury, or excavation of “any historic or prehistoric ruin or monument, or any object of antiquity” that is situated on federal land without permission of the appropriate land management agency. The Antiquities Act also provides for the criminal prosecution, including fines and imprisonment, for individuals who commit one or more of the acts described above.

3.5.2 CULTURAL RESOURCES SETTING The following discussion of the cultural setting of the project area is condensed from the information presented in the cultural resources study (AES, 2009e) and addendum (AES, 2010f), provided referenced as Appendix F of this document.

Analytical Environmental Services 3-50 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Prehistory An analytic framework for the interpretation of central Sonoma County prehistory is provided by Frederickson (1974), who divided human history in California into three broad periods: the Paleo- Indian period, the Archaic period and the Emergent period. This scheme used sociopolitical complexity, trade networks, population, and the introduction and variations of artifact types to differentiate between cultural units; the scheme remains the dominant framework for this region’s prehistoric archaeological research.

The Paleo-Indian period (10,000-6,000 BC) was characterized by small, highly mobile groups occupying broad geographic areas. During the Archaic period, consisting of the Lower Archaic period (6,000-3,000 BC), Middle Archaic period (3,000-1,000 BC) and Upper Archaic period (1,000 BC–AD 500), geographic mobility may have continued, although groups began to establish longer-term base camps in localities from which a more diverse range of resources could be exploited. By the Upper Archaic, mobility was being replaced by a more sedentary adaptation in the development of numerous small villages, and the beginnings of a more complex society and economy began to emerge. During the Emergent period (AD 500-1,800), social complexity developed toward the ethnographic pattern of large, central villages where political leaders resided, with associated hamlets and specialized activity sites.

Ethnography Ethnographic literature indicates that at the time of historic contact, the project area was within the territory of Southern Pomo-speaking people (Bean and Theodoratus, 1978:289; Kroeber, 1976:222). According to Kroeber, the greater Pomo were the second most populous ethnohistoric group in California, having about 1,200 people as of the 1910 census, but it has been estimated that pre-contact population estimates may have been as many as 8,000 (Kroeber, 1976:237). Pomo communities were scattered across the landscape from the present-day City of Willits in northern Mendocino County, to the south near the present-day city of Santa Rosa in Sonoma County, and from the coastal shorelines in the west to the eastern shores of Clear Lake in Lake County. Ethnographic literature indicates that at the time of historic contact, the project area was part of lands of the Southern Pomo-speaking tribelet, or village, community of tsōlika’wiī, which occupied the area near the Russian River at a point about one-half mile east of “old Windsor” (Barrett, 1908:222; McLendon and Oswalt, 1978:284).

The Pomo economy was based on a seasonal round of fishing, hunting, and the collection of a variety of plants for food, tools, structures and trade (Barrett, 1908; Kroeber, 1953; Powers, 1877). Beads (also called Po or Pol) were also an important part of the Pomo economy. They were made from magnesite and could be 1-3 inches long. The beads were of such high value that they were traded individually rather than in a necklace like the Pomo did with the clamshell coins they made. The Pomo were also known for their expertise in basket making (Kroeber, 1976).

Analytical Environmental Services 3-51 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Typical weapons used in hunting were the bow and arrow for larger game, club for bear, and spears for sea lions and seals. Smaller animals were captured with low brush fences, nets, snares and basketry traps. Lake, stream, and ocean fish were caught in traps, with lines or weirs. The traditional mortar and pestle were used for processing of acorns, Buckeye nuts and other seeds, grasses, and roots (Powers, 1877). The stone mortars were natural shapes and were used with bottomless basketry hoppers. Knives were made from obsidian or chert and could be attached to handles and used as axes. Bone was not used often for tools and was most notably used for awls and fishhooks (Bean and Theodoratus, 1978:291).

History Many of the traditional lifeways and land-use patterns that served the Pomoan peoples for centuries changed abruptly with the establishment of the Spanish missions in the Bay Area. Native Americans were brought into the missions, both willingly and by force, to be converted to Christianity, to learn farming and other “civilized” skills, and to serve as laborers. Large numbers of the mission inhabitants died of diseases introduced by foreign settlers and from malnutrition. By the mid-1800s, settlement within the Sonoma County region had not only displaced the native people from their villages and land-based resources, but had also disrupted culturally and economically significant seasonal gathering strategies and trade (McLendon and Oswalt 1978:279, 414).

The project area is sited on lands that once were part of the Rancho El Molino, granted in 1834 to Juan Bautista Rogers Cooper, brother-in-law of Mariano Vallejo, after the secularization of the mission system in 1833. Rancho El Molino had been sold and parceled by 1851 when the first residents of what would become the Town of Windsor arrived. The project area is located on land that belonged to J.W. Calhoun, one of the area’s first settlers. He and his descendents maintained approximately 360 acres from at least 1867 through 1939.

The town of Windsor was officially laid out in 1858, and continued to grow (Alley et al., 1880: 360-361). By the end of the nineteenth century, a foundry, two brickyards, a distillery, six saloons, seven wineries, three grocery stores, three livery stables, one blacksmith, three hotels, a photo shop, a drugstore, a barber shop, two wheelwrights, an undertaker, and dance and lodge halls, had been built to the west—all a result of the 1872 extension of the California Northwestern Railroad (CNRR) west of the town (Beedie, 1978: 50; Fray, 2004: 39; Robertson, 1998: 90-91). The outskirts of the Town of Windsor remained much the same throughout all these changes. The rural area was predominately agricultural, primarily growing hops, wine grapes, prunes, pears, apples, and hay. In the early 1900s, poultry farming was popular in the area, with about twenty ranches with flocks averaging 4,000 hens (Fray, 2004: 70). While the housing boom of the 1980s and the town’s incorporation in 1992 sped the growth and expansion of the urban areas, the surrounding area, including the project area, remains largely rural.

Analytical Environmental Services 3-52 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.5.3 RESULTS OF CULTURAL STUDIES Documentation of cultural resources within the project site was achieved through review of pertinent anthropological literature, historic documents and maps, a records search at the Northwest Information Center (NWIC), Native American consultation, and a field examination of the project site by archaeologists who meet the Secretary of the Interior’s professional standards.

Records and Literature Search A records search for the project area was conducted by AES staff at the NWIC of the California Historical Resources Information System in July of 2007 (NWIC File #07-0075). The record search area included all the additional parcels that were added to the project area subsequent to 2007. The records search and literature review were done to: (1) determine whether known cultural resources had been recorded within or adjacent to the study area and to determine if the project site was subject to cultural resources surveys in the past; (2) assess the likelihood of unrecorded cultural resources based on archaeological, ethnographic, and historical documents and literature; and (3) to review the distribution of nearby archaeological sites in relation to their environmental setting.

The records search found that no prehistoric or historic cultural resources have been recorded within the project area, and no previous archaeological surveys have been conducted within its boundaries. However, the records search did identify two prehistoric archaeological resources and seven previous archaeological surveys located within approximately ¼ mile of the project boundaries.

Native American Consultation On March 5, 2007, the State of California Native American Heritage Commission (NAHC) was asked to review the Sacred Lands file for information on Native American cultural resources on the project site (see Appendix F). On March 23, 2007, the NAHC responded indicating that they have no knowledge of Native American resources within the project site. A second review was requested on October 7, 2008. On October 17, 2008, the NAHC responded again indicating they had no knowledge of Native American resources within or adjacent to the project site. However, they did provide a list of individuals and groups to further consult with. Consultation letters to these individuals and groups were sent on October 17, 2008. The BIA will consult with these individuals and the State Historical Preservation Officer (SHPO), pursuant to Section 106 of the NHPA, prior to approval of the proposed action.

Field Surveys Damon Haydu, AES archaeologist conducted a cultural resources field survey of APN 066-300- 028 on August 16, 2007, on October 9, 2008, and March 6, 2009. Additional surveys of the remaining project parcels were conducted by Melinda McCrary, MA on June 24, 2010 and July 6

Analytical Environmental Services 3-53 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment and 8, 2010. These studies included an on-foot intensive survey in 10-to-15-meter-wide transects within the proposed APE. Surface visibility varied between little or no visible ground surface due to dense grasses (undeveloped areas), to complete surface visibility in areas of bare soil. The ground surface was examined for archaeological remains. In addition rodent burrow backdirt piles, cutbanks along seasonal drainages, and road cuts were examined for indicators of buried archaeological deposits. Additionally, AES architectural historian Laura Brown, M.A. visited the project area on October 26, 2010 to inspect several historical structures. As a result of the field surveys, three five historic-period residential structures were identified, recorded, mapped, and photographed. These resources are described below. Completed State of California Department of Parks and Recreation (DPR) Site Forms are provided in Appendix F.

9624 Eastside Road. APN 066-300-028 contains two residential structures. The primary residence was built in 1910, and a secondary residence was built after 1982. The primary structure is a single-story, single-family residence with modest Craftsman elements. The secondary structure is a two-story single-family barn style residence, and does not meet the age criteria for consideration as a historic property. Both houses are currently vacant.

The single story primary residence is wood framed with a basement. Wood shingles clad the exterior walls and a low-pitched cross-gabled roof with gabled dormers caps the building. Wide concrete steps set into the hillside lead up to the entrance where they meet a raised wood porch accessed by wood steps enclosed by a wood railing with close-set balusters. Three entrances are located along the porch including a wood and glass door with decorative detailing sheltered by the porch roof, a wood framed glass door, and a paneled wood door. Bay windows extend from both the east and west sides and multi-light ribbon window spans the enclosed porch on the south side of the residence. A front-gabled detached garage clad with vertical wood panels sits north of, and adjacent to, the residence.

Review of historical maps, aerial photographs, record search materials, and a thorough literature review failed to indicate a connection between the parcel and any events or individuals important in history (criteria A and B). The primary residence appears to meet the minimum age requirements, but does not embody distinctive characteristics of a type, represent the work of a master, or possess high artistic values (criterion C). Furthermore, the site has not yielded, and is not likely to yield, information important to prehistory or history (criterion D). With regard to integrity, the primary residence has been visibly altered over the past ninety years. Many of the Craftsman-inspired elements of the residence have been altered, changing the appearance of the building: the porch on the south side of the residence has been enclosed, the majority of the windows and doors have been replaced, and additional living space has been added to the residence on the northeast side. With the above considerations in mind, it is recommended that the historic building at 9624 Eastside Road is ineligible for listing on the NRHP.

Analytical Environmental Services 3-54 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

1290 Windsor River Road. APN 066-191-017 contains a primary residence and barn built in 1935. The primary structure is a single story residence with Hall-and-Parlor Family and simple Folk farmhouse elements. The secondary structure is a single-story barn. The residence is currently occupied.

The single story primary residence is wood framed with one bedroom and one bathroom. Wooden horizontal-channeled board-and-batten clad the exterior walls and a low-pitched side- gabled roof slightly overhung with brackets caps the building. Contemporary wood steps lead up to the entrance and a raised one –story, full width wood porch enclosed by wood railing and metal screening is located on the north side of the structure. The centrally placed brick fireplace has had its top replaced with modern metal stove pipe materials. The roof was originally simple wood shingles which has been replaced with composite tar paper sheets. The windows have been replaced with modern single-hung metal windows and the front door appears to be a modern as well. The south side of the structure has witnessed the addition of a laundry room and car port.

Review of historical maps, aerial photographs, record search materials, and a thorough literature review failed to indicate a connection between the parcel and any events or individuals important in history (criteria A and B). Built in 1935, the primary structure and associated barn meet the minimum age requirements, but do not embody distinctive characteristics of a type, represent the work of a master, or possess high artistic values (criterion C). The simple vernacular architectural style is common throughout Sonoma County and has been significantly altered since its initial construction. Furthermore, the site has not yielded, and is not likely to yield, information important to prehistory or history (criterion D). While the primary structure under consideration at 1290 Windsor River Road retains the general form recognizable as Hall-and- Parlor Family simple Folk vernacular architecture, it has undergone extensive modifications, which have severely diminished the architectural integrity of the structure. With the above considerations in mind, it is recommended that the house at 1290 Windsor River Road is ineligible for listing on the NRHP.

1296 Windsor River Road. APN 066-191-020 contains a primary residence built in 1961. The structure is a single story, single family residence with contemporary ranch-style elements (McAlester and McAlester, 2002). The structure includes an attached garage and concrete foundation. The low pitch, side gabled structure is clad with a lapped board-on-board siding. The roof is clad in modern composite shingles and the windows are a mix of contemporary sliding two-pane and single pane fixed lights. Built in 1961, this residence will reach the minimum age requirements for listing on the NRHP in 2011, and therefore is evaluated in the following section.

Review of historical maps, aerial photographs, record search materials, and a thorough literature review failed to indicate a connection between the parcel and any events or individuals important in history (criteria A and B). Moreover, it does not embody distinctive characteristics of a type,

Analytical Environmental Services 3-55 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment represent the work of a master, or possess high artistic values (criterion C). Finally, the site has not yielded, and is not likely to yield, information important to prehistory or history (criterion D). The residence at 1296 Windsor River Road is a common example of the contemporary Ranch design. The Ranch style was originated in California in the mid 1930s and became the dominate style of architecture around the country by the 1960s (McAlisterMcAlester and McAlisterMcAlester, 2002). Though this residence appears to retain most of its original elements, therefore retaining sufficient integrity, it is one of the most ubiquitous styles of architecture in California and grander examples of the Ranch style can be found throughout Sonoma County. With the above considerations in mind, it is recommended that the house at 1296 Windsor River Road is ineligible for listing on the NRHP.

1390 Windsor River Road The historical ranch complex located at 1390 Windsor River Road (APN 066-191-016) includes a main residence, barn and carport, and shed. The main residence is classified as a simplified Queen Anne (McAlester and McAlester, 2009). Likely built in the late nineteenth century, this residence meets the minimum age requirements for listing on the NRHP in 2010.

Review of historical maps, aerial photographs, archival records, and a thorough literature review failed to indicate a connection between the parcel and any events or individuals important in history (criteria A and B). The Queen Anne and vernacular architectural styles are common throughout Sonoma County. These particular structures do not embody distinctive characteristics of a type, represent the work of a master, or possess high artistic values, nor are these structures the best example of a Queen Anne style residence in Sonoma County (criterion C). There were no observations made during the pedestrian survey that the ranch complex will yield or is likely to yield, information important to prehistory or history (criterion D). Therefore, the historical ranch complex Windsor River Road is ineligible for listing on the CRHR or NRHP.

1270 Windsor River Road The extant structures located at 1270 Windsor River road (APN 066-191-021) are described as a water tower and Contemporary Folk style residence (McAlester and McAlester, 2009). The structures are depicted on the 1955 “Healdsburg, California”. USGS topographic map and therefore meet the minimum age requirement for listing on the CRHR or NRHP.

Review of historical maps, aerial photographs, archival records, and a thorough literature review failed to indicate a connection between the parcel and any events or individuals important in history (criteria A and B). Contemporary folk and vernacular architectural styles are common throughout Sonoma County and these particular structures do not embody distinctive characteristics of a type, represent the work of a master, or possess high artistic values, nor are these structures the best example of a Contemporary folk or vernacular utilitarian architecture in Sonoma County (criterion C). There were no observations made during the pedestrian survey

Analytical Environmental Services 3-56 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment that the residence and water tower will yield, or are likely to yield, information important to prehistory or history (criterion D). Therefore, the residence and water tower at 1270 Windsor River Road is ineligible for listing on the CRHR or NRHP.

3.5.4 PALEONTOLOGICAL SETTING Paleontological resources are defined as the traces or remains of prehistoric plants and animals. Such remains often appear as fossilized or petrified skeletal matter, imprints or endocasts, and reside in sedimentary rock layers. Fossils are important resources, due to their scientific and educational value. Fossil resources are non-renewable.

This section presents documentation on reported paleontological deposits on the Lytton property and surrounding region, as well as an analysis on the potential for unreported paleontological resources to be present on the project site.

Regulatory Background The Antiquities Act of 1906 (PL 59-209; 16 United States Code 431 et seq.; 34 Stat. 225) calls for the protection of historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest on Federal land. While neither the Antiquities Act nor its implementing regulations (found at 43 CFR 3) explicitly mention fossils or paleontology, the inclusion of “object[s] of antiquity” in the Act has been interpreted to extend to paleontological resources by many federal agencies. As such, projects involving federal lands require permits for paleontological resource evaluation and mitigation efforts that involve excavation, collection, etc. Additional provisions appear in the Archaeological and Historic Data Preservation Act of 1974, as amended, for the survey, recovery, and preservation of significant scientific, prehistoric, historic, archaeological, or paleontological data, in such cases wherein this type of data might be otherwise destroyed or irrecoverably lost as a result of Federal projects.

Typologies and Formation Processes The processes involved in the preservation of paleontological resources result in several types of remains. It is noted that only a small percentage of ancient life forms and their traces have been exposed to conditions favorable to preservation. Factors affecting the persistence of paleontological resources vary between species, and broadly include geological formation processes, climate, soil and rock chemistry, and organism morphology. Paleontological resources are discussed here as fossil remains, although other types of remains occur elsewhere.

Fossils are the remains of plants and animals embedded in layers of rock, which have retained some degree of their original characteristics over a long period of time. Remains are buried under layers of sediment, which under building pressure become sedimentary rock. Paleontological remains can be those of organism structure, such as skeletal parts, shell, tree trunks, pollen,

Analytical Environmental Services 3-57 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment endocasts or imprints, or they can be remnants of activity, such as footprints or tunnels of burrowing organisms. Soft tissues are less frequently fossilized, because they usually decay before fossilization processes take place. Since fossil remains occur in sedimentary rock formations, they tend to persist unless the rock has undergone significant changes. Fossils, therefore, do not occur in metamorphic rock formations.

Fossils of considerable age may be subject to varying degrees of mineralization, at times resulting in the total replacement of original, organic matter by minerals. The agents of mineralization are most commonly comprised of calcium carbonates, such as calcite and aragonite, and silicates, such as quartz, opal and chalcedony. Less common materials are iron disulfides such as pyrite and marcasite; limonite; sulphates such as gypsum; phosphates such as calcium phosphate and vivianite; and glauconite. These minerals are typically transported in minute quantities by seeping water, with aggregation over time.

Plant fossils, shell fossils, pollen and microfossils are generally more frequent than fossils of vertebrates. Thus, vertebrate fossils are considered significant. Invertebrate fossils are considered significant if they are scarce or diagnostic of date range, or if they constitute a segment of a unique paleoenvironmental framework. Paleontologists may additionally determine significance on a case-by case basis.

All surficial geologic deposits on the Lytton property are Pleistocene to Recent in age. Weaver (1949) completed initial mapping of these deposits. He classified all deposits as Quaternary alluvium. Chapman and Bishop (1988) mapped almost the entire Windsor area as younger Quaternary alluvium and Miller (1972) mapped this alluvium as Yolo Silt Loam overlying the Franciscan Formation. Weaver (1949) and Chapman and Bishop (1988) mention no fossil localities in these deposits.

A search of the University of California Museum of Paleontology (UCMP) database indicates that 503 paleontological specimens have been reported in Sonoma County (UCMP, 2008). Areas along the eastern edge of the Russian River Valley and adjacent North Coast Range have the highest frequency of fossils in the County. Within Sonoma County, the vast majority of fossil specimens have been documented within five major geologic formations, none of which occur in proximity to the project site. These formations include: Merced, Gualala, Glen Ellen, Petaluma, and Sonoma Tuff (UCMP, 2008). The project area is underlain by the Glen Ellen formation (RGH Consultants, 2008). Regionally, significant fossil discoveries have been made within the Sonoma Tuff formation in the eastern hills of the North Coast Range near Calistoga. Of particular importance is the Calistoga Petrified Forest I and II localities, located roughly 13 miles east of the project area.

Analytical Environmental Services 3-58 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Potential for Fossil Discovery The depositional environments of the sediments underlying the Lytton property were alluvial fans and marshes associated with the Russian River drainage. Fossil occurrences are not usually common in alluvial fan deposits because of the high probability of reworking and damage of any skeletal and plant material as it is transported and deposited.

In addition, indicators of significant paleontological resources within the project site and immediate vicinity are absent in the sources consulted, and no such resources were observed in the course of surface reconnaissance surveys by AES in 2007, 2008, and 2009between 2007 and 2010. The geologic formation upon which the project site is located has not produced significant paleontological specimens of scientific consequence and is unlikely to do so in the future.

3.6 SOCIOECONOMIC CONDITIONS / ENVIRONMENTAL JUSTICE

3.6.1 SONOMA COUNTY Demographics Sonoma County is located 35 miles from the San Francisco Bay Area and lies in the North Coast Ranges of northwestern California. Additionally, Sonoma County is adjacent to Marin, Mendocino, Lake, Napa, Solano and Contra Costa counties. Sonoma County is home to nine incorporated cities and to seventeen unincorporated areas. As shown in Table 3-1011, the county had an estimated population of 485,000 people in 2008. The largest city in Sonoma County is Santa Rosa. The cities of Petaluma and Rohnert Park are the next most populated. The Sonoma County General Plan assumes that 73 percent of the population growth experienced in the County through the year 2020 will be directed to incorporated cities and 27 percent will be absorbed in the unincorporated area (Sonoma County, 2008).

Community of Windsor Demographic data for the Windsor area (zip code 95492) is representative of the population within the project area. As shown in Table 3-1011, the estimated 2008 population of Windsor was approximately 26,564 persons.

The 2000 U.S. Census reported that there were roughly 8,060 housing units in the community of Windsor with approximately 7,872 units occupied (U.S. Census Bureau, 2000a). Owner- occupied housing units made up 79.6 percent (6,266 units) of the housing stock and renter- occupied housing 20.4 percent (1,606 units), with a 2.3 percent vacancy rate (U.S. Census Bureau, 2000b). The existing residences in the area consist of single-family rural residential homes. However, high density and multi-familylow density residential zoning designations are identified for areas northeast of the project site. As such, it is anticipated that residential

Analytical Environmental Services 3-59 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

development will increase near the project site.

TABLE 3-1011 SONOMA COUNTY POPULATION 2000-2008 Sonoma 2000 2001 2002 2003 2004 2005 2006 2007 2008 County 458,614 464,543 468,501 470,829 473,521 475,461 476,956 479,668 484,470 Cloverdale 6,831 7,082 7,333 7,481 7,959 8,197 8,412 8,479 8,577 Cotati 6,471 6,612 6,816 6,850 7,042 7,300 7,348 7,503 7,532 Healdsburg 10,915 11,378 11,640 11,616 11,631 11,651 11,648 11,654 11,706 Petaluma 54,550 55,435 55,730 55,804 56,057 56,337 56,455 56,743 57,418 Rohnert Park 42,236 42,272 42,198 42,412 42,256 42,229 42,824 42,772 43,062 Santa Rosa 147,595 149,520 151,933 153,879 154,855 155,471 156,407 157,319 159,981 Sebastopol 7,774 7,799 7,809 7,783 7,765 7,756 7,718 7,727 7,714 Sonoma 9,275 9,498 9,474 9,569 9,714 9,783 9,844 9,898 9,943 Windsor 22,744 23,533 24,112 24,403 24,855 25,342 25,887 26,315 26,564 Unincorp- 150,223 151,414 151,456 151,032 151,387 151,395 150,413 151,258 151,973 orated County Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, 2001-2008, with 2000 Benchmark, Sacramento, CA, May 2008

3.6.2 THE LYTTON RANCHERIA

Statistical information for the Lytton Rancheria was obtained from the Bureau of Indian Affairs’ Population and Labor Force Report, 2005 (U.S. Department of the Interior, 2005). As shown in Table 3-1112, the total Tribal enrollment for the Lytton Rancheria in 2005 was approximately 273 members. Of this total, approximately 150 Tribal members were over the age of 16.

TABLE 3-11 12 LYTTON RANCHERIA POPULATION AND LABOR FORCE ESTIMATES Tribe Population Factor Members Enrollment 273 Total Eligible for Services 273 Under age 16 123 Age 16 through 64 145 At age 65 and over 5 Not available for work 16 Available for work (total workforce) 134 Employed 59 Not employed 75 Source: U.S. Department of the Interior, 2005

3.6.3 ECONOMY

Sonoma County had an estimated median household income of $53,645 in 2004, which was seven percent higher than the state average. The 2000 median household income in Windsor was $62,781, which was approximately 13 percent higher than Sonoma County. The Bay Area real median household income was the highest in the state (California Center for Leadership, 2007).

Analytical Environmental Services 3-60 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.6.4 ENVIRONMENTAL JUSTICE FOR MINORITY AND LOW INCOME POPULATIONS

The project site is located adjacent to the Town of Windsor within incorporated Sonoma County. Land uses surrounding the project site consist of undeveloped land, agricultural fields, and sparse residential development. Residential development is primarily located within clusters of housing communities developed northeast of the project site adjacent to Windsor River Road.

All projects involving a federal action (funding, permit, or land) must comply with Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, as amended, which directs federal agencies to take the appropriate and necessary steps to identify and address disproportionately high and adverse effects of federal projects on the health or environment of minority, low-income, and Native American populations to the greatest extent practicable and permitted by law. Low income is defined based on U.S. Census Bureau established poverty thresholds and is discussed further below.

The following six principles are provided as guidance for the analysis of impacts under NEPA (CEQ, 1997:9c):

. Agencies should consider the composition of the affected area, to determine whether minority populations, low-income populations, or Indian tribes are present in the area affected by the proposed action.

. Agencies should consider relevant public health data and industry data concerning the potential for multiple or cumulative exposure to human health or environmental hazards in the affected population and historical patterns of exposure to environmental hazards.

. Agencies should recognize the interrelated cultural, social, occupational, historical, or economic factors that may amplify the natural and physical environmental effects of the proposed agency action.

. Agencies should, as appropriate, acknowledge and seek to overcome linguistic, cultural, institutional, geographic, and other barriers to meaningful participation, and should incorporate active outreach to affected groups.

. Agencies should assure meaningful community representation in the process.

. Agencies should seek tribal representation in the process.

The USEPA.S. Environmental Protection Agency’s Final Guidance for Incorporating

Analytical Environmental Services 3-61 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Environmental Justice Concerns in the EPA’s NEPA Compliance Analysis, (April 1998) provides the following guidance for defining and assessing impacts to minority and/or low-income populations:

. A minority population may be present if the minority population percentage of the affected area is ‘meaningfully greater’ than the minority population percentage in the general population or other ‘appropriate unit of geographic analysis’.

. The NEPA analysis should also make every effort to identify the presence of distinct minority communities residing both within, and in close proximity to, the Proposed Project, and to identify those minority groups which utilize or are dependent upon natural resources that could be potentially affected by the Proposed Project.

. Pursuant to the CEQ guidance, low-income populations in an affected area (that area in which the Proposed Project will or may have an effect) should be identified with the statistical poverty thresholds from the U.S. Census Bureau on Income and Poverty.

. In identifying low-income populations, agencies may consider as a community a group of individuals living in geographic proximity to one another or set of individuals (such as migrant workers or Native Americans) where either type of group experiences common conditions of environmental exposure.

In 2000 the estimated population of Windsor area was approximately 23,688 persons, with the following ethnic breakdown of minority populations as defined in the Executive Order Section 101 (1-101) (U.S. Census Bureau, 2000a):

. White 79.2 percent (18,763 people); . Hispanic 23.5 percent (5,555 people); . Native American or Alaska Native 1.5 percent (348 people); . Asian 2.2 percent (530 people); . African American 0.8 percent (186 people); and . Native Hawaiian and Other Pacific Islander 0.1 percent (32 people).

In 2000, the Sonoma County total population was 458,614 people, with the following ethnic breakdown (U.S. Census Bureau, 2000b):

. White 81.6 percent (374,209 people); . Hispanic 17.3 percent (79,511 people); . Native American or Alaska Native 1.2 percent (5,389 people); . Asian 3.1 percent (14,098 people) ;

Analytical Environmental Services 3-62 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

. African American 1.4 percent (6,522 people); and . Native Hawaiian and Other Pacific Islander 0.2 percent (934 people).

U.S. Census data for the year 2000 reported the average household size in Windsor as 2.99 persons, which results in a federal poverty threshold of $13,874 (U.S. Census Bureau, 2000c). As identified above, the 2000 median household income in Windsor was $62,781. Since the median household income level is $48,907 above the poverty threshold, Windsor is not defined as a low- income community. Pursuant to the CEQ and USEPA guidance on environmental justice analysis, there are no low-income populations identified in the project area.

3.7 TRANSPORTATION AND CIRCULATION

3.7.1 TRANSPORTATION NETWORKS This section describes the existing intersections in the vicinity of the project site. A more detailed description and analysis is included in the Traffic Impact Study, which was updated in early 2010 (Abrams Associates, 20092010) (Appendix G).

INTERSECTIONS

The Traffic Impact Study (Abrams Associates, 20092010) (Appendix G) evaluated the following ten intersections:

. Eastside Road and Windsor River Road; . Windsor River Road and Proposed Project Entrance (#1); . Windsor River Road and River Oak Lane -Proposed Project Entrance (#3); . Windsor River Road and Starr Road; . Windsor River Road and Windsor Road; . Windsor River Road and Bell Road; . Windsor River Road and Old Redwood Highway/Conde Lane; . Windsor River RoadOld Redwood Highway and South Bound Highway 101 Ramps; . Windsor River RoadOld Redwood Highway and North Bound Highway 101 Ramp – Lakeside Road; and . Windsor River RoadOld Redwood Highway and Project Entrance (#32).

Intersections were selected for analysis by Abrams Associates, Inc, based on their proximity to the site, Town of Windsor, Sonoma County, and Caltrans guidelines, and their potential to be impacted by the Proposed Project. All intersections were analyzed for the AM peak hour (7:30 – 8:30 AM), and the PM commute peak hour (5:00-6:00 PM).

Analytical Environmental Services 3-63 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

METHODOLOGY Level of Service Level of Service (LOS) is a qualitative measure reflecting the traffic operation of the intersection, with LOS A representing best performance, and LOS F the worst. LOS describes the traffic conditions in terms of such factors as speed, travel time, delays, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Table 3-12 13 shows the corresponding average total delay per vehicle and a description of vehicular conditions at signalized intersections for each LOS category from A to F. These intersections are evaluated based upon the 2000 Highway Capacity Manual (HCM) methodologies. Table 3-13 14 provides similar information for unsignalized intersections.

TABLE 3-1213 LEVEL OF SERVICE FOR SIGNALIZED INTERSECTION Level-of-Service Description LOS “A” Free flow. If signalized, conditions are such that no V/C Range1 0.0 – 0.60 vehicle phase is fully utilized and no vehicle waits Average Stop Delay (seconds) 0.0 – 10.0 through more than one red indication. Very slight or no delay. LOS “B” Stable flow. If signalized, an occasional approach V/C Range 0.61 – 0.70 phase is fully utilized; vehicle platoons are formed. Average Stop Delay (seconds) 10.1 – 20.0 Slight delay. LOS “C” Stable flow or operation. Drivers occasionally may V/C Range 0.71 – 0.80 have to wait through more than one red phase. Average Stop Delay (seconds) 20.1 – 35.0 Acceptable delay. LOS “D” Approaching unstable flow or operation; queues V/C Range 0.81 – 0.90 develop but quickly clear. Tolerable delay. Average Stop Delay (seconds) 35.1 – 55.0 LOS “E” Unstable flow or operation; the intersection has V/C Range 0.91 – 1.00 reached capacity. Congestion and intolerable delay. Average Stop Delay (seconds) 55.1 – 80.0 LOS “F” Forced flow or operation. Intersection operates V/C Range2 1.00 or less below capacity. Jammed. - Measured 1.01 or more Average Stop Delay (seconds) >80 NOTES: 1 The “V/C” ratio is the ratio of the traffic volume to the roadway capacity (both in vehicles per hour) 2 While forecast demands can exceed maximum capacity, actual measured volumes theoretically cannot. Since traffic intersections arise at capacity demand conditions, the calculated V/C ratios for LOS “F” conditions can be substantially below a V/C of 1.00. Source: Abrams Associates, 20092010

TABLE 3-1314 LEVEL OF SERVICE FOR UNSIGNALIZED INTERSECTIONS Average Total Delay Level of Service Traffic Condition (seconds/vehicle) A <10 No Delay B >10 – 15 Short Delay C >15 – 25 Moderate Delay D >25 – 35 Long Delay E >35 – 50 Very Long Delay F >50 Volume > Capacity Source: Abrams Associates, 20092010

Analytical Environmental Services 3-64 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Existing Intersection Traffic Volumes and Levels of Service Table 3-14 15 summarizes the existing a.m. and p.m. peak-hour LOS at each study intersection, with the exception of intersection #2 (future stop sign). Eight out of nine study intersections currently operate at LOS D or better during both the a.m. and p.m. peak hours. Intersection #9 (Windsor River Road and NB Highway 101 Off-Ramp-Lakeside Road) currently operates at LOS E+.

Existing Bicycle and Pedestrian System Existing sidewalks and developed bike lanes along Windsor River Road terminate east of the project site near the Town of Windsor. The designated Class II lanes within the Town of Windsor are on-road lanes with designated striping and signage, whereas the Class III lanes closer to the project site are on-road with no designated lanes. The Sonoma County Transportation Authority Countywide Bicycle and Pedestrian Master Plan indicates that bike lanes along unincorporated Windsor River Road are expected to be designated as Class II (Sonoma County Transportation Authority, 2008). Observations of the road indicate that pedestrian and bicycle activities are low.

TABLE 3-1415 (REVISED) EXISTING LEVEL OF SERVICE AND AVERAGE DELAY OF STUDY INTERSECTIONS AM Peak PM Peak Traffic Intersection Average Average Control LOS LOS Delay (sec) Delay (sec) #1. Eastside Road and Stop Sign B 10.1 B 10.0 Windsor River Road (Future) #3. Windsor River Road and Stop Sign A 9.7 A 9.5 Project Entrance (#3) (Future) #4. Windsor River Road and All-Way Stop B 11.2 A 9.6 Starr Road #5. Windsor River Road and Traffic Signal D 37.4 C+ 30.4 Windsor Road #6. Windsor River Road and Stop Sign C 19.9 C 21.6 Bell Road #7. Windsor River Road and Old Redwood Hwy/Conde Traffic Signal D 39.2 D 36.9 Lane #8. Old Redwood Highway Traffic Signal B 12.5 B 14.4 and SB Hwy 101 Ramps #9. Old Redwood Highway and NB Hwy 101 Off-Ramp – Traffic Signal C- 33.4 E+ 60.9 Lakeside Road #10. Old Redwood Highway Stop Sign A 9.7 A 9.5 and Project Entrance #2 Source: Abrams Associates, 2010

Transit Service Sonoma County Transit provides bus services to Sonoma County, and surrounding communities, including the Town of Windsor. Route 60 provides regional service between Cloverdale and

Analytical Environmental Services 3-65 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Santa Rosa and operates on Windsor River Road and Starr Road on one-hour headways. Route 66 (Windsor Shuttle) provides local service through the Town of Windsor with headways of just over an hour.

3.8 LAND USE

NEPA requires an assessment of a project’s effect on adopted land use plans as well as plans that have been formally proposed and are being actively pursued by officials of the jurisdiction. Accordingly, adopted and proposed land use regulations are discussed below.

Land uses on the 92124.12-acre project site include six twelve single-family residences and their ancillary structures as well as undeveloped oak woodland habitat. The site is located in unincorporated Sonoma County near the urban/rural community of Windsor, California, which is located approximately 150 feet north of the project site. As shown in Figure 3-56, APNs 066- 191-017, 066-191-018, 066-050-040, 066-050-047 and 066-191-022 are located within the Town of Windsor Sphere of Influence and Urban Growth Boundary (UGB). Only APN 066-050-047 is located within Town of Windsor limits; the remaining 13 parcels are outside town limits. Land between the project site and the Town of Windsor is comprised of rural residences, agriculture, and open space. Although the Town of Windsor includes land use designations for parcels within its Sphere of Influence, Sonoma County retains jurisdiction over land outside of the city limits.

3.8.1 SONOMA COUNTY GENERAL PLAN (2020)

According to the Sonoma County General Plan, APNs 066-300-028 and 066-300-033 have a land use designation of “Resources and Rural Development” (RRD), which protects lands used for timber, geothermal, and mineral resources production and for natural resource conservation (Figure 3-56). Under this designation, single-family homes/dwellings are permitted at low densities, between 20 and 320 acres per dwelling. These parcels are also zoned as “RRD” with the “Scenic Resources” combining district (Figure 3-56). RRD-zoned parcels may contain houses at the same densities allowed in RRD land use areas (Sonoma County Zoning Code [SCZC], 1993b).

The remaining six twelve parcels within the project site have a land use designation of “Rural Residential” (RR) (Figure 3-56). The primary permitted use of RR is detached single-family homes, with other permitted uses including attached dwellings, farming, small scale animal husbandry, small scale home care and group care facilities, and other uses incidental to and compatible with the primary use. Condominiums are a secondary and allowable building type within Rural Residential areas. Densities for development in RR areas range from 1 to 20 acres per dwelling (SCZC, 1993a). According to the Sonoma County General Plan map, allowable densities for RR areas within the project site are generally one dwelling unit per five acres (Sonoma County, 2008).

Analytical Environmental Services 3-66 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Approximate Property Boundary

Town of Windsor Sphere of Influence/Urban Growth Boundary

ZONING DESIGNATIONS Land Intensive Agriculture

AR Agriculture and Residential District

Springfield Ct

Starr Rd RRD Resources and Rural Development Starr Rd

LAND USE DESIGNATIONS Sirius Dr

EastsideRd Land Intensive Agriculture EastsideRd

RR Rural Residential

RRD Resources and Rural Development

Starr Rd

Starr Rd

Feet NO

T R

Stellar CtStellar Stellar CtStellar H

¢Ð ! 0 500 1,000 Windsor River Rd

Ventnor Ave

IndianaIndiana AveAve

Starr Rd

Starr Rd

Richardson Rd

Lytton Residential Development Final EA / 207513 SOURCE: Healdsburg, CA” USGS 7.5 Topographic Quadrangle, Section 15, T8N, R8W & R9W, Mt. Diablo Baseline & Merdian; Sonoma County Permit Resource Planning Dept, 2004; AES 2011 Figure 3-6 Sonoma County Land Use and Zoning Map 3.0 Affected Environment

Land uses surrounding the project site include RRD land use designations to the northwest, west, and south. Further wWest, along of the Russian River, land is designated as “Land Intensive Agriculture.” Lands to the northeast, east, and southeast have “Agricultural and Residential District” (AR) zoning designations (Figure 3-56). The twelve eastern parcels are also zoned as AR. AR-zoned parcels may contain houses at the same densities allowed in RR land use areas (SCZC, 1993a).

3.8.2 TOWN OF WINDSOR GENERAL PLAN (2015)

APNs 066-191-017, 066-191-018, 066-050-040, 066-050-047 and 066-191-022 are located within the Town of Windsor Sphere of Influence, UGB and Special Planning Area E (Figure 3- 67). APN 066-050-047 is the only parcel within Town of Windsor limits. According to the Town of Windsor General Plan Map, these parcels have a land use designation of “Estate Residential/Low Density Residential” (ER). Under this designation single-family homes are permitted at densities from 0.2-3 dwelling units/acre or 0.6-8.6 persons/acre.

As shown in Figure 3-67, an agricultural buffer area is located on portions of APNs 066-191- 017, 066-191-018, and 066-191-022. Agricultural buffers are meant to protect the continued viability of neighboring agricultural operations. The Town of Windsor General Plan (2015; Town of Windsor, 2005) indicates that if the existing agricultural property lies outside the UGB, then the agricultural buffer should be permanent. Currently, the area contains several structures and a road; no permanent buffer is located in the agricultural buffer area.

APNs 066-191-017, 066-191-018, 066-050-040 and 066-191-022 are located within Special Planning Area E. Items to be studied within Area E include an interconnected street system to provide a connection between Windsor River Road and Gumview Road and/or Windsor River Road and Starr View Road; area drainage and the use of detention points; biotic resources, the rural atmosphere, an appropriate density within the Estate Residential range, the community edge, and the Town’s western gateway. Policies specific to this planning area include:

. New residences in this area should be compatible with the existing low density, dispersed development pattern. . Special attention should be accorded to natural resources preservation because the area contains both oaks and riparian habitat. . Because of the site’s natural amenities and location at the periphery of the Urban Growth Boundary, the Town should encourage the use of landscaped setbacks and trails to help define the edge for the neighborhood and the boundary for the Town’s urban limits.

Analytical Environmental Services 3-68 Lytton Property Residential Development May 2011 Final Environmental Assessment Springfield Ct

EastsideRd

EastsideRd

Stellar Ct Stellar Stellar Ct Stellar Windsor River Rd

Dorthea Ct

Ventnor Ave

IndianaIndiana AveAve

LEGEND

Approximate Property Boundary

Town of Windsor Sphere of Influence/Urban Growth Boundary

Town of Windsor City Limit

CITY OF WINDSOR LAND USE DESIGNATIONS Special Planning Area E

Agricultural Buffer

Low Density Residential

Starr Starr Rd Low-Medium Density Residential Starr Rd

Open Space Feet Richardson Rd Parks NORTH

¢Ð ! 0 400 800 Public/Quasi-Public

Lytton Residential Development Final EA / 207513 SOURCE: Town of Windsor, 2005; Brelje & Race Civil Engineers, 2005; AES, 2011 Figure 3-7 Town of Windsor Land Use Designations 3.0 Affected Environment

. In conjunction with discretionary review for development proposals in this area, the use of onsite detention ponds to reduce stormwater peak flows off-site shall be included in the environmental analysis and required if determined to reduce stormwater peak flow downstream.

3.8.3 AGRICULTURE

REGULATORY SETTING Williamson Act The California Land Conservation Act of 1965, better known as the Williamson Act, enables local governments to enter contracts with private land owners to maintain agricultural or open space use on their properties in exchange for lower property tax assessments. These contracts have a term of no less than 10 years and are automatically renewed unless a notice of cancelation or nonrenewal is given (California Department of Conservation ([CDC], 2008). The project site is not under an active Williamson Act Contract, although several parcels in the vicinity, including a parcel immediately south of the site, are under a Williamson Act Contract (Figure 3-78).

Farmland Protection Policy Act The Agriculture and Food Act of 1981 (Public Law 97-98) contained the Farmland Protection Policy Act (FPPA) (Subtitle I of Title XV, Section 1539-1549). The purpose of the FPPA is to minimize the impact of Federal programs on the unnecessary and irreversible conversion of farmland to nonagricultural uses. The Farmland Mapping and Monitoring Program (FMMP), within the California Department of Conservation (CDC), maps activity from the U.S. Department of Agriculture (USDA) on a continuing basis. The FMMP produces maps and statistical data used for analyzing impacts on California’s agricultural resources (CDC, 2004).

The FPPA created the farmland classification system which consists of five specific farmland categories, all of which are found in the County. These categories include:

Prime Agriculture Land: Soils which have the best combinations of physical and chemical characteristics for the production of crops. The land must have been used for the production of irrigated crops at sometime during the two updated cycles prior to the mapping date (7 U.S.C. 4201(c)(1)(A)).

Unique Farmland: Soils other than prime farmland that are used for the production of specific high value food and fiber crops. These soils have a special combination of physical and chemical characteristics for the production of high quality or high yields of specific crops when treated and managed according to acceptable farming methods (7 U.S.C. 4201(c)(1)(B)).

Analytical Environmental Services 3-70 Lytton Property Residential Development May 2011 Final Environmental Assessment LEGEND

Appromximate Property Boundary Feet H

Sonoma County Parcels RT NO !¢Ð Williiamson Act Prime Agricultural Land 0 400 800 Starr Starr Rd Springfield Ct Starr Rd

EastsideRd

EastsideRd

Stellar Ct Stellar Stellar Ct Stellar Windsor River Rd

Dorthea Ct

Ventnor Ave

IndianaIndiana AveAve

Starr Starr Rd

Starr Starr Rd

Lytton Residential Development Final EA / 207513 SOURCE: Sonoma County Permit Resource Planning Dept, 2004; AES, 2011 Figure 3-8 Williamson Act Map 3.0 Affected Environment

Important Farmland: Soils other than prime or unique farmland that is of statewide or local importance for the production of crops. The appropriate State or local government determines the important farmland with concurrence from the State Conservationist. In some localities, farmlands of statewide and local importance may include tracts of land that have been designated for agriculture by state law or local ordinance (7 U.S.C. 4201(c)(1)(C)).

Grazing Land: Defined in Government Code § 65570(b)(3) as: “…land on which the existing vegetation, whether grown naturally or through management, is suitable for grazing or browsing of livestock.

The project site consists of three four FMMP land classifications, farmland of local importance, grazing land, and other land, and urban and built-up land. The classification of other land is given to lands which are not included in any other mapping category. Examples of lands classified as other land include low density rural developments, brush, timber, wetland, and riparian areas not suitable for livestock (CDC, 2006). A map of the project site’s classifications is represented in Figure 3-89. The land to the west, across Eastside Road, is classified as prime agricultural land. The land to the north, south, and east is a mixture of farmland of local and statewide importance, prime farmland, and grazing land. A single winery is located immediately south of APN 066-300-031, within extensive associated vineyards.

The National Resource Conservation Service (NRCS), an agency of the Department of Agriculture (DOAUSDA), fulfills the directives of the Soil and Water Conservation Act (16 USC § 2001-2009) by identifying significant areas of concern for the protection of our resources. NRCS uses a land evaluation and site assessment (LESA) system to establish a Farmland Conversion Impact Rating (FCIR) score. The FCIR is completed on form AD-1006 (NRCS, 2008b). The FCIR form has two components: land evaluation, which rates soil quality up to 100 points, and the site assessment, which measures other factors that affect the farm’s viability up to 160 points.

The total FCIR score is used as an indicator for the project’s sponsor to consider alternative sites if the potential adverse impacts on the farmland exceed the allowable level. Sites receiving a combined score of less than 160 (out of 260 possible points) do not require further evaluation; alternative project locations should be considered for sites with a combined score greater than 160 points. An FCIR form was completed for the project site (Appendix H). The 124.12-acre project site received a total of 923 points; as this score is less than 160 points, no further evaluation is needed.

Sonoma County Right to Farm Ordinance The Sonoma County Right to Farm Ordinance was adopted in 1999 by the Board of Supervisors to support County policies regarding the conservation and enhancement of agricultural operations

Analytical Environmental Services 3-72 Lytton Property Residential Development May 2011 Final Environmental Assessment Los Amigos Rd

Mcclish Rd H onsa R

d Petersen Rd

Mcclish Rd Ward Rd Rizzo Rd

d Hillview Rd s R Prune Acre n L ne Rizzo Rd Mari e le Kabutts Rd

l Brooks Rd on P ult Arata Ln F Alexis St Gertrude Dr eh o m Rd B Wilc o r Pollard Way x D R so N Herb Rd d u a R Redwood Hwy Jane Dr Frost Rd Kidd Rd Rio t alie Dr Gumview Rd Old Redwood Hwy Foothill Dr Wilderhold Rd Starburst Ct ontana Lord Dr F Rd Starr View Dr Colle e Gemini Dr n D Pulteney Pl r Bond Pl ton Cir ing ll Foxwood Dr e Bark St ood W w Dr Buckingham Dr Ramp e

k

R Wild Oak Dr a E BrooksRd L

Hozz Rd Bell St

V Windsor River Rd

I R

3Rd St N

A

I Old Oak Rd S Conde Ln

Woody Creek Ln Windsor Rd S

EastsideRd U Bluebird Dr WestsideRd R Richardson Rd Plant Rd A St

StarrRd L St U St

t Will o w S

H St C St K S l A o Bell Rd t e S St r Rd PSt Reiman Ln y Armando Rd a e r PineSt W b R BSt Am id g k e a W O ay Windsor Creek Wilson Ln Cooper Way G Eagle Dr olf C our se ones Rd D

J r Russian River Gravel Company Rd

Shiloh Rd

P o o l C r e e k

Knecht Rd Day Day Rd Sanders Rd Ballard Rd LEGEND

Property Boundary Prime Farmland Windsor Creek Farmland of Local Potential

Water Bodies Farmland of Statewide Importance Grazing Land

Unique Farmland Other Land Silk Rd Irrigated Farmland Urban and Built-Up Land Feet Windsor Creek H Nonirrigated Farmland Water Area RT Mark West Station Rd irport Blvd A NO ¢Ð ! Farmland of Local Importance Out of Survey Area 0 1,500 3,000

Old Vine Ln

Lytton Residential Development Final EA / 207513 SOURCE: State of California FMMP, 2006; Sonoma County GIS Data, 2/9/2007; AES, 2011 Figure 3-9 Farmland Mapping & Monitoring Program (FMMP) Designations 3.0 Affected Environment in unincorporated County lands. The stated purpose and intent of the Right to Farm Ordinance is to reduce impacts to County agricultural resources “by limiting the circumstances under which properly conducted agricultural operations on agricultural land may be considered a nuisance.” The ordinance promotes a good-neighbor policy by requiring that users of property adjacent to or near agricultural operations be notified of the inherent potential problems associated with being located near such operations, including noise, odors, dust, operation of machinery, application of fertilizers, soil amendments, seeds and pesticides and other potential effects. Through annual notification through a notice included with their annual tax bill, it is intended that property owners will better understand the potential consequences of being located near agricultural operations. The ordinance states that attendant conditions from properly conducted agricultural operations shall not be considered a nuisance to adjacent property owners and shall be accepted as being a normal and necessary aspect of being located in a rural area (Sonoma County, 1999).

According to the 2007 Sonoma County Crop Report the value of agricultural production for the County was approximately $635,055,700. The majority of that value, $416, 549, 600, was from the cultivation of wine grapes. Wine grape cultivation covers approximately 60,000 acres of Sonoma County. Other crops include livestock and poultry, nursery plants, vegetables, apples, and oat hay.

3.9 PUBLIC SERVICES

3.9.1 WATER SUPPLY

APN 066-300-028 has an existing connection to the local municipal water provider for the area, the Windsor Water District (WWD). The WWD primarily collects and distributes water from a collection of groundwater wells located near the Russian River; one of these wells is located to the northwest of the project site across Eastside Road. Water is supplied to the Town of Windsor through two large transmission mains, one of which parallels the northern boundary of the project site, along Windsor River Road. The other four ten residences located on the project site, as well as neighboring residences and vineyards, currently utilize potable water from groundwater wells in the area. The two existing residences on APN 066-050-040 utilize a well with a septic and spray field system; approximately six other wells on different parcels provide water to existing residences within the 124.12-acre site. The principal aquifer in the region and vicinity of the project site is the Glen Ellen Formation. As discussed in Section 3.2.2 the groundwater yields in the Glen Ellen Formation are highly variable, as the hydraulic properties vary over small distances and the permeability is generally low.

Due to an approved voter initiative in 1998, which was later incorporated into the Town of Windsor General Plan, areas outside of the Town Boundary are not to be served with water supply or sewer services by the municipality.

Analytical Environmental Services 3-74 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.9.2 WASTEWATER SERVICE

The Windsor Wastewater Treatment, Reclamation, and Disposal Facility (WWTRDF), located at 8400 Windsor Road, includes biological secondary treatment and advanced wastewater treatment (AWT). The WWTRDF is capable of treating 2.25 million gallons per day (mgd), average dry weather flow and 7.2 mgd, peak weekly wet weather flow. Treated and UV (ultra violet) disinfected effluent is reclaimed on Town-owned and private landscapes. Advanced treated effluent that is not reclaimed is discharged to Mark West Creek during the allowed discharge period (NCWQCB, 2007c). The point of discharge is shown on Figure 5 4 of Appendix LE.

The project site is not currently developed for a direct connection to the municipal wastewater service system in the area. The existing, onsite residences are currently served by septic systems, as are other nearby residences. The WWTRDF is responsible for the proper treatment, storage, and disposal of wastewater in the Town of Windsor. As with the municipal water supply system, wastewater services for residences outside Town of Windsor City Limits are not provided by the municipality.

3.9.3 SOLID WASTE

Management of non-hazardous solid waste in Sonoma County is mandated by Assembly Bill (AB) 939, the California Integrated Waste Management Act. The purpose of AB 939 is to reduce, recycle, and reuse solid waste generated in the State to the maximum extent feasible; improve regulation of existing solid waste landfills; ensure that new solid waste landfills are environmentally sound; streamline permitting procedures for solid waste management facilities; and specify the responsibilities of local governments to develop and implement integrated waste management programs.

AB 939 set forth policies and mandated requirements for the State and local governments. Among them is a hierarchy of preferred waste management practices. The highest priority is to reduce the amount of waste generated at its source (source reduction). Second in the hierarchy is to reuse, by extending the life of existing products and recycling those wastes that can be reused as components or feed stock for the manufacture of new products, and by composting organic materials. Source reduction, reuse, recycling and composting are jointly referred to as waste diversion methods because they divert waste from disposal. Third and lowest in the hierarchy is disposal by environmentally safe transformation in a landfill. AB 939 and California Public Resources Code 41780 enforce this prioritization by requiring that all local jurisdictions, cities, and counties divert 50 percent of the total waste stream from landfill disposal by the year 2000 and each year thereafter (using 1990 as the base year). Each local jurisdiction must demonstrate compliance by instituting source reduction programs. The County’s waste diversion rate for 2006 was 64 percent. Waste that is not diverted for recycling is currently hauled out of the county to one of four private landfills (Sonoma County, 2008).

Analytical Environmental Services 3-75 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

The project site is located in an area served by Windsor Refuse and Recycling, subsidiary to North Bay Corporation, which is a private contractor serving Sonoma County with solid waste services. Residents are provided with three roll out bins for garbage, organic wastes, and recyclables. Recyclables include glass, paper, plastic, and cardboards with a CRV 1-7 rating.

3.9.4 ELECTRICITY, NATURAL GAS, AND TELECOMMUNICATIONS

Pacific Gas & Electric (PG&E) provides electrical and natural gas services to the Town of Windsor. Some rural areas do not have access to natural gas service due to lack of infrastructure. The majority of existing homes on the project site use individual propane tanks for a gas source. Propane providers in the area include Ferrell Gas and Americas Propane Inc. Natural gas for the private residence on APN 066-191-020 is provided by PG&E. AT&T provides the telecommunication services to the project area through transmission lines running parallel to Windsor River Road, north of the project site. AT&T also has internet, wireless phone, and long distance phone services. A variety of providers offer cellular and cable service in the County.

3.9.5 LAW ENFORCEMENT

California is a Public Law 280 state that allows for state criminal law enforcement jurisdiction on Tribal trust lands; however, this jurisdiction does not include regulatory civil law authority. Depending on the crime (pursuant to Public Law 280 and the Major Crimes Act), the U.S. Marshals may provide support in specified situations. Law enforcement services for the unincorporated portions of the County are provided by the Sonoma County Sheriff’s Department Office (Office) headquartered in Santa Rosa. The Department Office is also under contract to provide law enforcement services to the Town of Windsor and the City of Sonoma. The Windsor Police Department (WPD) and Sonoma Police Department (SPD) are staffed by Sheriff’s Department Office employees and receive the same services as the unincorporated portions of the County. These services include but are not limited to: a helicopter unit, canine (K9) unit, crime scene investigation team, narcotics unit, special operations unit, bomb unit, and coroner unit (Sonoma County Sheriff’s Office [SCSDSCSO], 2009).

In the 2007-2008 fiscal year, the Department Office had 1.17 sworn officers per 1,000 civilians and received approximately 18,114 incident calls for the Town of Windsor (SCSDSCSO, 2009). The Windsor Police Department is the closest Sheriff’s Office’s station and is located approximately 0.96 miles northeast of the project site.

3.9.6 FIRE PROTECTION AND EMERGENCY MEDICAL

The Windsor Fire Protection District (WFPD) provides fire suppression and emergency medical services to the Town of Windsor and some surrounding unincorporated areas, which include the project site. As a fire protection district, WFPD is governed by an elected five-person Board of

Analytical Environmental Services 3-76 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Directors and is funded through taxes and donations. The WFPD has 10 paid employees and 31 volunteers to serve 30,000 people in 30 square miles (5 square miles of Town of Windsor; 25 square miles surrounding unincorporated area). WFPD staffs two fire stations: Station 1, located at 8200 Old Redwood Highway, and a new Station 2, which recently completed construction to replace the older station located at 444 Windsor River Road. Station 1 is open 24 hours a day 7 days a week and is staffed with two fire captains, two fire engineers, and at least one fire fighter. Station 2 is staffed with volunteers from 10 a.m. – 6 p.m. dailya captain and engineer (WFPD, 2011). Due to the population increase over the last decade, the WFPD is currently constructing aThe new Station 2 at 8600 Windsor Road completed construction in September 2009 (WFPD, 20082011). The new existing Station 2 is the closest station, located approximately 1 1.3 miles from the project site. However, when Station 2 is closed, Station 1, located approximately 2.5 miles southeast, would serve the site. Response time to the project site ranges between 5-12 minutes (WFPD, 2004).

The California Department of Forestry and Fire Protection (CAL FIRE) aids local fire departments in wildfire situations. It maintains the most resources in the fire season from late May to early October. CAL FIRE has a responsibility to provide wildland fire services to the project site, as is located in a State Responsibility Area that has a moderate wildfire threat (Fire and Resource Assessment Program [FRAP], 2007). The nearest CAL FIRE station is located at 1745 Redwood Drive in Healdsburg, approximately 5.5 miles north of the project site. This station is open seasonally during fire season. The closest year round station is located at 1001 South Cloverdale Boulevard, approximately 22 miles north in Cloverdale. The Sonoma Air Attack Base (SAAB), located at the Sonoma County Airport, is one of 13 CAL FIRE Air Attack Bases statewide. The SAAB responds to an average of 300 calls per year both in and out of its immediate response area, which covers 4,000 square miles (CAL FIRE, 2005).

According to the Coastal Valley Emergency Medical Services (EMS) Agency (2008), Redwood Empire Dispatch Communications Authority (REDCOM) is a joint powers authority (JPA), which operates the Sonoma County EMS Dispatch Center. REDCOM provides Emergency Medical Dispatch and pre-arrival instructions to the County’s Public Safety Answering Points. Ambulance services or emergency medical services are dispatched through 911 and are provided by several companies, including nine ground ambulance providers and two helicopter providers. The response time for the project site depends on which provider is available and where they are located. The nearest hospital emergency room is Healdsburg District Hospital, located at 1375 University St in Healdsburg, California.

3.9.7 PUBLIC SCHOOLS

The project site is located within the Windsor Unified School District (WUSD). Sonoma County is divided into 40 school districts for kindergarten through twelfth-grade (K-12) educational services, including: 31 elementary, three high school, and six unified districts (Office of

Analytical Environmental Services 3-77 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Education, 2010). Sonoma State University, part of the California State University system, and Santa Rosa Junior College are located in Sonoma County and offer higher education opportunities. Unified school districts operate both elementary and secondary schools for the students residing within their boundaries. The Lytton property lies within the boundary of the Windsor Unified School District (WUSD). Schools within approximately one mile of the site that are part of the WUSD are Cali Calmecac Charter School, Windsor High School, Windsor Oaks Academy, and Windsor Creek Elementary. Table 3-15 16 shows the location, grade range, and 2007-2008 enrollment for each of the schools.

TABLE 3-1516 PUBLIC SCHOOLS School Location Grade Range 2007-2008 Enrollment Cali Calmecac 9491 Starr Rd. K-8 980 Windsor High School 8695 Windsor Rd. 9-12 1,608 Windsor Oaks Academy 8681 Windsor Rd. 10-12 82 Windsor Creek 8955 Conde Lane 2-3 521 Elementary Source: WUSD, 2007

WUSD covers an area of approximately 31 square miles and serves students from the Town of Windsor, a portion of Healdsburg, and unincorporated areas of Sonoma County along the Highway 101 corridor north of Santa Rosa (Piper Jaffray, 2010). WUSD operates five elementary schools, one middle school, two high schools, and one continuation school (Ed-Data, 2010). For the 2008/2009 school year, WUSD had a K-12 enrollment of approximately 5,301 students and employed approximately 256.2 full-time equivalent teachers (Ed-Data, 2010).

Enrollment in the WUSD has increased by 30 percent over the past decade from 4,250 students in 2000/2001 to 5,515 students in 2008/2009. The average class size in the WUSD has decreased over the past decade from 25.1 in 2000/2001 to 21.5 in 2008/2009, a 3.6 percent decrease. The student to teacher ratio for the 2008/2009 school year, 21.5:1, was slightly greater than that of California (20.9:1) (Ed-Data, 2010). Approximately 31.0 percent of the enrolled students receive free or reduced meals. Developer fees within Windsor contribute to funding for permanent classroom facilities. Other financial burdens of WUSD due to growth are met primarily through property taxes and tax increment funds from the Redevelopment Agency (Town of Windsor, 2010).

Other schools in the vicinity, not associated with the WUSD, include the Windsor Cooperative Nursery, Grace Academy, and Santa Rosa Junior College Public Safety Training Center. According to the Windsor General Plan (Town of Windsor, 2005), a future 40-acre high school will be designed within Windsor by 2015.

Analytical Environmental Services 3-78 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

3.9.8 PARKS AND RECREATION

The Austin Creek State Recreation Area (SRA) and the Armstrong Red Woods State Natural Reserve (SNR) are located approximately 10 miles west of the project site. The SRA offers campsites specific to bikers and hikers, campers, and families. The 5,583-acre SRA also boasts numerous trails for hiking and horseback riding that scale the park’s rugged topography, with elevations ranging from 150-1500 feet (California State Parks [CSP], 2008a). The SNR borders the SRA to the south and is accessible thought the same entrance. The 805-acre park does not have campsites, but it does have trails for hikers, horseback riders, and nature lovers throughout the redwood grove. There is a visiting center with information on the exhibits and programs available in the SNR (CSP, 2008b). The Windsor Golf Club is located approximately 1.5 miles southeast of the project site.

3.10 NOISE

3.10.1 NOISE EXPOSURE AND COMMUNITY NOISE

Noise is generally defined as unwanted sound. Sound, traveling in the form of waves from a source, exerts a sound pressure level (referred to as sound level) which is measured in decibels (dB), with zero dB corresponding roughly to the threshold of human hearing and 120 to 140 dB corresponding to the threshold of pain.

Environmental noise is typically measured in A-weighted decibels (dBA). A dBA is a dB corrected for the variation in frequency response of the typical human ear at commonly encountered noise levels. In general, A-weighting of environmental sound consists of evaluating all of the frequencies of a sound, taking into account the fact that human hearing is less sensitive at low frequencies and extremely high frequencies than in the frequency mid-range.

An individual’s noise exposure is a measure of noise over a period of time. A noise level is a measure of noise at a given instant in time. However, community noise varies continuously over a period of time with respect to the contributing sound sources in the community noise environment. What makes community noise constantly variable throughout a day is the addition of short duration single event noise sources such as aircraft flyovers, vehicle pass-bys, sirens, etc., which are readily identifiable to the individual. These successive additions of sound to the community noise environment varies the community noise level from instant to instant, requiring the measurement of noise exposure over a period of time to legitimately characterize a community noise environment and evaluate cumulative noise impacts. This time-varying characteristic of environmental noise is described using statistical noise descriptors such as Leq,

Ldn, and Community Noise Equivalent Level (CNEL), which averages noise over a specified number of hours.

Analytical Environmental Services 3-79 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

Part of community noise level is construction noise. Construction noise is dominated by heavy equipment and is discussed further in Section 4.11. In general, noise emitted from construction projects is intermittent and short-term in nature and will generally occur during the daytime hours.

Generally, the noise environment in a community is dominated by traffic noise. Typically it takes an additional 200 vehicles per hour to increase the ambient noise levels in an area (Traffic Noise Calculator, 2007).

3.10.2 REGULATORY SETTING

The Department of Housing and Urban Development and the Federal Highway Administration (FHWA), Federal agencies, consider outdoor day-night noise exposure up to 65 dBA, Ldn as acceptable under most circumstances. The FHWA considers 75 dBA as acceptable during construction, if construction is conducted between the hours of 7 am and 6 pm (FHWA, 2006).

Sonoma County General Plan The Sonoma County general General plan Plan policies are listed for the purpose of analyzing off-reservation impact from traffic noise. Policies contained within the Sonoma County General Plan, 1989 (General PlanSonoma County, 2008) provide standards for ambient noise levels. The following Goal and Objectives are applicable:

Noise level performance standards in Table NE-2 (shown as Table 3-1617) below are to be applied as performance standards for noise producing land uses which may affect noise sensitive land uses and vice versa. Infrequent single events such as passage of a train, truck, or airplane may interfere with adjacent uses even though the cumulative noise exposure is within acceptable limits. These events call for a single event noise standard. The potential for sleep disturbance is often the main concern in these cases.

Goal NE-1.1: Protect people from the harmful effects of exposure to excessive noise and to achieve an environment in which people and land uses may function without impairment from noise.

Objective NE-2.1: Protect the present noise environment and prevent intrusion of new noise sources which would substantially alter the noise environment.

Analytical Environmental Services 3-80 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

TABLE 3-16 17 NOISE LEVEL PERFORMANCE STANDARDS Maximum Exterior Noise Level Standards, dBA Cumulative Duration of Noise Daytime 7 a.m. Nighttime10 p.m. Category Event in any one-hour period to 10 p.m. to 7 a.m. 1 30-60 Minutes 50 45 2 15-30 " 55 50 3 5-15 " 60 55 4 1-5 " 65 60 5 0-1 " 70 65 Source: Sonoma County, 2008

The following policies shall be used to achieve the above objective:

NE-2a: Designate areas within Sonoma County as noise impacted if they are exposed to existing or projected exterior noise levels exceeding 60 dB Ldn, 60 dB CNEL, or the performance standards of Table NE-2 (Shown as Table 3-16).

NE-2b: Avoid noise sensitive land use development in noise impacted areas unless effective measures are included to reduce noise levels. For noise due to traffic on public roadways, railroads and airports, reduce exterior noise to 60 dB Ldn or less in outdoor activity areas and interior noise levels to 45 dB Ldn or less with windows and doors closed. Where it is not possible to meet this 60 dB Ldn standard using a practical application of the best available noise reduction technology, a maximum level of up to 65 dB Ldn may be allowed but interior noise level shall be maintained so as not to exceed 45 dB Ldn.

3.10.3 SENSITIVE RECEPTORS

Some land uses are considered more sensitive to noise than others due to the amount of noise exposure (in terms of both exposure duration and insulation from noise) and the types of activities typically involved. Residences, motels and hotels, schools, libraries, churches, hospitals, nursing homes, auditoriums, and parks and other outdoor recreation areas generally are more sensitive to noise than are commercial and industrial land uses. A sensitive receptor is defined as any living entity or aggregate of entities whose comfort, health, or well-being could be impaired or endangered by the existence of the criteria pollutant, whether it is emissions or noise, in the atmosphere.

Sensitive receptors in the vicinity of the project site primarily include primarily nearby residences. The closest of these are located approximately 100 50 feet north of APN 066-191- 016east of APN 066-191-022 and approximately 100 feet east of APN 066-191-020. Another nearby residence is located approximately 150 feet north of APN 066-300-031, on the north side of Windsor River Road. Approximately eight 15 residences are located on large individual parcels within 0.25 miles of the proposed project. The closest of these are located approximately

Analytical Environmental Services 3-81 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

50 feet north of APN 066-191-016 and approximately 100 feet west of APN 066-191-019. Other nearby residences are located approximately 50 feet north of APN 066-300-017 south of Windsor River Road and 150 feet north of APN 066-300-031, on the north side of Windsor River Road. A high-density residential development is located directly north of APN 066-191-022 and east of APN 066-050-047; approximately 10 35 houses in this development are located along Windsor River Road in the vicinity of the Proposed Project’s northeast corner. The nearest schools are the Windsor Cooperative Nursery and the Cali Calmecac Charter School, both of which are located approximately 0.50 miles from the project site.

3.10.4 EXISTING NOISE SOURCES

The noise environment surrounding the project site is influenced primarily by vehicle noise traveling on Windsor River Road. The surrounding area is mainly populated with single-family residences. Therefore, the area is characterized as rural suburban and is assumed to have a typical ambient noise level of 55 dBA during the day and 45 dBA or less at night.

3.11 HAZARDOUS MATERIALS

Two A total of seven Phase I Environmental Site Assessments (ESA) and three supplemental Phase I ESAs were conducted for the 92124.12-acre project site (fourteen parcels) to determine if any Recognized Environmental Conditions (RECs) exist (Appendix J). RECs refer to the presence or likely presence of conditions on a property that indicate an existing release, a past release, or a material threat of release of any hazardous substances or petroleum products on the property or into the ground, groundwater, or surface water of the property. This includes hazardous substances and petroleum products. All Phase I ESAs were prepared in accordance with the BIA Guidelines (602 DM Chapter 2) and the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05. The ESAs included site reconnaissance, review of federal and state regulatory agency records and databases, interviews with local officials and property owners and review of historical aerial photographs of the 92124.12-acre project site. Following is a summary of the site reconnaissance for each parcel.

APN 066-191-017 includes one single-story house, one mobile home and a detached barn. The remaining land consists of pasture and open space. The house is supplied with water by an on- site domestic well and is equipped with a septic system. A 500-gallon propane tank, two tires, water trough, and a pile of non-hazardous debris were observed on the parcel (AES, 2009d2009b; Appendix J).

APN 066-191-018 includes one pole mounted transformer (AES, 2009d2009b; Appendix J).

APN 066-191-020 includes one single-story 1,800 square foot house. The remaining land consists of pasture and open space. The house is supplied with water by an on-site domestic well.

Analytical Environmental Services 3-82 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment

The house is equipped with a septic system located in the driveway with visible inspection covers. Two 55-gallon drums of bio diesel (non-petroleum) and other non-hazardous debris were observed. Although the two 55-gallon drums were not in secondary containment, no leaks or visible stains were observed (AES, 2009e2009c; Appendix J).

APN 066-191-022 includes four chicken coops which are used for storage, while an additional coop is overgrown with berry bushes. The remaining land consists of pasture and open space (AES, 2009d2009b; Appendix J).

APN 066-300-028 includes two two-story houses and one storage shed. The remaining land consists of undeveloped oak woodland. The houses are supplied with water by the Town of Windsor. Each house has a 325-gallon propane tank and septic system (AES, 2008a; Appendix J).

APN 066-300-031 includes a two-story house and a shop/carport. The remaining land consists of undeveloped oak woodland. The house is supplied with water by an on-site domestic well. The house is equipped with a septic system. Containers of anti-freeze, motor oil, brake fluid, and gasoline were observed in the shop/carport area. None of the chemicals were in bulk quantity and all were stored within approved commercial containers. No unusual chemical odors or surface staining were observed on any portion of the parcel (AES, 2007a; Appendix J).

APN 066-300-033 consists primarily of undeveloped oak woodland. Non-hazardous debris was observed, including appliances, an automobile, two camper shells, an empty 55-gallon drum and several piles of wood debris (AES, 2007b; Appendix J).

APN 066-191-019 consists of partially developed land and pasture. A residential structure with associated storage facilities, workshop, chicken coop, bee keeping facilities, landscaping, and garden are located in the northern half of the parcel. The southern half of the property consists of a horse barn, with a second story apartment, as well as horse pasture. Several transformers attached to power poles are located adjacent to the parcel. Storage facilities contained various chemicals and pesticides stored in approved commercial containers with no sign of surface staining or odor inside or outside the facilities (AES 2009e; Appendix J).

APN 066-191-021 consists of mostly developed land. The northern third of the parcel is planted in walnut orchard, while the remainder of the parcel consists of a residential unit, two-story aged storage structure, two-car garage and single-story storage units. A water well is located behind the residential storage shed, which houses a pressurized water tank and water softener. Several bags of unopened salt pellets were observed within the shed. No sign of surface staining or odor was observed within outside the shed. Four piles of non-hazardous debris were observed on the parcel, and a few spent fire extinguishers and four open cans of latex paint were observed in one

Analytical Environmental Services 3-83 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment of the piles. These cans of paint are considered de minimus conditions, and therefore do not constitute a REC (AES, 2009d; Appendix J).

APN 066-300-023 consists primarily of pasture and small vineyard, a private residence and a storage shed. The storage shed contained various chemicals including pesticides, paint, gasoline, and landscape/gardening materials which were all stored in approved commercial containers. No surface staining or leaks were observed outside the shed (AES, 2010g; Appendix J).

APN 066-300-017 consists primarily of a private residence, a domestic well and associated water treatment structures, a single story barn and a two-car garage. The barn contained a tractor, various tools for winemaking, and a wine cellar with barrels of wine. One electric transformer was observed, and several others were observed attached to power poles outside this parcel (AES, 2010g; Appendix J).

APN 066-191-016 consists primarily of undeveloped pasture, as well as a two-story private residence, three-car carport, barn, and associated storage structures. A water well was observed in the service area behind the southern portion of the residence. Individual containers of various pesticide, plant nutrients and paint were observed in the storage structures. All chemicals were stored within approved commercial containers and no surface staining or odor was observed inside or outside the structures. Various lawn and gardening equipment was stored in the barn. An electric service line from a transformer across the Windsor River Road connected to a power pole near the storage shed and a pole near the residence (AES, 2010h; Appendix J).

APN 066-050-040 consists of mostly undeveloped land, with two single-story residences, a three- car carport, old barn, and associated storage structures. A water well was observed between the residence and Windsor River Road. Both residences are linked to a septic tank and leachfield system, located north of the two residences. Several paint cans and containers of chemicals were observed within the storage structures, with the majority stored with approved commercial lids. No sign of surface staining or odors near this structure was observed. Multiple empty 55-gallon drums were found along the parcel, with no sign of surface staining in the vicinity of these barrels (AES, 2010i; Appendix J).

APN 066-050-047 consists of undeveloped pasture with some oak trees. An electric power line extends from a transformer along Windsor River Road to the residences on the adjacent parcel (AES, 2010i; Appendix J).

Database searches were conducted for records of known storage tank sites and known sites of hazardous materials generation, storage, or contamination. Databases were searched for sites and listings up to 1.5 miles from a point roughly equivalent to the center of the 92124.12-acre property. Environmental Data Resources, Inc (EDR) indicated a total of two sites within a 0.5-

Analytical Environmental Services 3-84 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment mile radius of all parcels. The first site is the Windsor Prisoner of War Camp (POW) located approximately 0.40 miles north of the project site. No address is given for the former POW site. Historically, the site was used by the U.S. Department of AgricultureUSDA as a camp for migrant farm workers and later as a POW labor camp during World War II. There are no records of hazardous material being released on the site. No potential hazards related to Department of Defense activity have been located at this site. Based on the current regulatory status and lack of violations reported, this site is not considered to represent a likely past, present, or material threat of release on the property (AES, 2009d2009b). The second site is the Eff Waugh site which is located approximately 0.44 miles southwest of the project site at 9228 Eastside Road, Healdsburg, California. The site is listed on the Leaking Underground Storage Tank (LUST) and the California State Hazardous Wastes and Substances Sites (Cortese) databases for the release of gasoline into the groundwater. Preliminary site assessments are underway and affected soils were being excavated and removed to an approved site during the time the Phase I site assessments were being conducted (AES, 2007a).

Based on the site reconnaissance of the parcels, review of federal and state regulatory agency records and databases, interviews with local officials and property owners and review of historical aerial photographs, the Phase I ESAs did not identify any Recognized Environmental ConditionsRECs on the parcels.

3.12 VISUAL RESOURCES

The visual characteristics of the project site and surrounding areas are similar to the rest of the Town of Windsor and typical of rural Sonoma County. The Sonoma County General Plan designates the project site as Resources and Rural Development, which allows low-density development as well as resource management and enhancement activities, including but not limited to the management of timber, geothermal and aggregate resources, fish and wildlife habitat, and watershed. APNs 066-300-028 and 066-300-033 are located within the Eastside Road Scenic Landscape Unit, which require the uses and intensities of any land development to be consistent with preservation of important scenic features (Sonoma County, 2008). Specific objectives related to scenic resources in the Open Space and Resource Conservation Element of the Sonoma County General Plan (Sonoma County, 2008) call for the retention of the rural, scenic character of Scenic Landscape Units by permitting very low density uses, minimizing cuts and fills of ridges and hills, and protecting ridges and crests of prominent hills from the silhouetting of structures against the sky.

The project site is sparsely developed with six twelve single-family houses, three barns, and four chicken coops located throughout the property. The site is primarily comprised of gently sloping to hilly mixed oak woodland habitat, with mature trees found throughout the 92 124.12 acres. Highway 101 is located approximately two miles to the east and is not visible from the project

Analytical Environmental Services 3-85 Lytton Property Residential Development May 2011 Final Environmental Assessment 3.0 Affected Environment site. Main access is provided by Windsor River Road, which is a two-lane rural collector road with a speed limit of 45 mph and paved shoulders. Regular street lamps are not provided along Windsor River Road or Eastside Road, and most local residences use limited outdoor lighting. Photographs of the surrounding visual setting and some of the nearest sensitive visual receptors are provided in Figure 3-910.

Visual resources surrounding the project site include views of Windsor River Road (Photo 1, Figure 3-910), Eastside Road, commercial vineyards, and mostly low-density rural residential development. Surrounding areas have limited views of the project site due to screening from hilly terrain and extensive vegetation around and within the project site.

Sensitive visual receptors are limited to nearby residences. The closest of these are located approximately 50 feet north of APN 066-191-016, 100 feet west of APN 066-191-019, and 100 feet east of APN 066-191-022 (Photo 2, Figure 3-910) and, approximately 100 feet east of APN 066-191-020 (Photo 3, Figure 3-910). Another nearby residence is located approximately 50 feet north of APN 066-300-017 south of Windsor River Road and 150 feet north of APN 066-300- 031, on the north side of Windsor River Road (Photo 4, Figure 3-910). Approximately eight fifteen residences are located on large (>1greater than one acre) individual parcels within 0.25 miles of the proposed project. A high-density residential development is located directly north of APN 066-191-022; approximately 10 35 houses in this development are located along Windsor River Road in the vicinity of the Proposed Project’s northeast corner (bordering APNs 066-050- 047, 0666-191-021 and 066-191-022). However, this neighborhood has an eight-foot high fence bordering Windsor River Road that effectively screens views to and from the project site (Photo 5, Figure 3-910). A single winery is located immediately south of APN 066-300-031, within extensive associated vineyards (Photo 6, Figure 3-910).

Analytical Environmental Services 3-86 Lytton Property Residential Development May 2011 Final Environmental Assessment PHOTO 1 PHOTO 2 View of Windsor River Road facing west. View of residence located east of APN 066-191-022.

PHOTO 3 PHOTO 4 View of residence located east of APN 066-191-020. View of residence located north of APN 066-300-031.

PHOTO 5 PHOTO 6 View of a residential development located north of APN 066-191-022. View of vineyards and winery located south of APN 066-300-031.

Lytton Residential Development Final EA / 207513 SOURCE: AES, 2011 Figure 3-10 Site Photographs SECTION 4.0 ENVIRONMENTAL CONSEQUENCES SECTION 4.0 ENVIRONMENTAL CONSEQUENCES

In this section, environmental consequences are described for Alternative A (Proposed Project), Alternative B (Onsite Water and Wastewater with two options: summer treated wastewater reclamation and winter surface water discharge, or all-year on-site reclamation of wastewater), Alternative C (Reduced Intensity with Onsite Water and Wastewater), and Alternative D (No- Action). Areas that are analyzed include direct and indirect impacts to land resources, water resources, air quality, biological resources, cultural resources, socioeconomic conditions and environmental justice, transportation and circulation, land use, public services, noise, hazardous materials, and visual resources. The Council on Environmental Quality (CEQ) regulations state that direct impacts are those that are caused by the action and occur at the same time and place, while indirect impacts are caused by the action and occur later in time or further in distance, but are still reasonably foreseeable (CEQ 1508.8). Cumulative and growth-inducing effects of the Proposed Action are also assessed for each of these issue areas. Note that, consistent with the CEQ’s NEPA Regulations Section 1508.8, the term “effects” is used synonymously with the term “impacts.”

4.1 ALTERNATIVE A - PROPOSED PROJECT

4.1.1 LAND RESOURCES Topography The housing community was designed to avoid constructing on slopes greater than 20 percent. This design will reduce the amount of grading and other earthwork necessary for the construction of the project features (i.e., housing, community center, etc.). Architectural designs accommodate the topography in order to preserve the natural aesthetics of the project site. This alternative would require approximately 7,050 cubic yards (cy) of cut material, and 7,200 cy of fill material for result in approximately 1,800150 cy of excess soil that would either be used on site along roadways by strategic dispersion or disposed of in an approved off-site location (Adobe Associates, 2010; Appendix A). Alternative A would not result in significant impacts related to topography.

Geologic Setting and Seismicity The projected earthquake magnitudes for the region indicate that the project site could potentially be exposed to future seismic shaking (RGH Consultants, 2008). Construction of Alternative A

Analytical Environmental Services 4-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

would adhere to design standards equivalent to requirements in to the California Building Code (CBC), as described in Section 2.0. Use of the CBC design and construction standards for Seismic Zone 4 would allow ground shaking-related hazards to be managed from a geologic, geotechnical, and structural standpoint such that risks to the health or safety of workers or members of the public would be reduced to a less than significant level.

Soils The soil types located on the site are characterized by steep slopes and moderately high permeability rates. All but one of the soil types has an erosion hazard rating of slight or moderate. Due to the woody vegetation, substantial groundcover and minimized grading in these areas, erosion hazards would be less than significant. Felta very gravelly loam (FaF) has an erosion hazard rating of severe (NRCS, 2008a). During construction the exposure of soil increases the risk of erosion. The ceremonial dance circle and existing building pad are the proposed developments in the location of this soil type. Nonetheless, pProtective measures are listed under Section 5.0.

The soils found on the site appear hard and strong when dry but will lose strength rapidly and settle under the stresses of construction (RGH Consultants, 2008). The moisture content of the soils can increase as the result of rainfall, irrigation, or condensation of water vapor under fills, foundations, pavement, and slabs. Mitigation measures for reducing impacts related to these soil properties are listed under Section 5.0.

The soils on the project site are characterized as moderately to highly corrosive to steel (NRCS, 2008a, 2010). The protective measure listed under Section 2.0 1.9 would be implemented if any steel is used in the construction of Alternative A.

With the implementation of the protective measures listed in Section 2.0 1.9 and the mitigation measures listed in Section 5.01, impacts to land resources would be less than significant. No additional mitigation measures would be warranted.

Mineral Resources As stated in Section 3.1.5, there are no known mineral resources within the project area. Although areas along the Russian River are known to contain extensive mineral resources, the project site is located outside the valley in a region where significant mineral resources are not likely to occur. Construction of the Proposed Project would not result in the loss of mineral resources. No mitigation is warranted.

Analytical Environmental Services 4-2 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.1.2 WATER RESOURCES Surface Water, Drainage, and Flooding Alternative A (Figure 2-1) has been designed to avoid the majority of wetlands, drainages and water resources located on the site. A Two small, man-made isolated pits, an isolated seasonal wetland and an isolated seasonal wetland swale cwould be filled or otherwise impacted; however, this pitthese features is are not considered a jurisdictional features to the U.S. Army Corps of Engineers (USACE) pursuant to the Clean Water Act (CWA) and filling it in them would not result in a significant impact (Section 3.4.4; AES, 2010d). As mentioned in Section 2.03.4.4, the isolated pits within the project site are man-made holes that may have functioned as watering holes for cattle, test percolation pits, or potential sites for trash disposal. Further discussion of the surface waters found on the site is included in the Biological Assessment (BA) included inprovided as Appendix E.

Alternative A would increase impervious surfaces on the site through the construction of roads, houses, community buildings, and sidewalks. It is estimated that the construction of the project would increase impervious areas by approximately 18.636.26 acres. Increased impervious surfaces would result in increased peak flows and increased total discharge from the project site during wet weather events, which if not properly dealt with, could add increased stormwater flow to the area’s drainage systems and result in localized flooding. To reduce this impact, preparation of a drainage plan, including vegetated swales and the use of permeable surfaces, has been incorporated into the project design, as discussed in Section 2.01.9. The use of permeable surfaces in the project design would further minimize runoff and ensure that no significant impacts occur.

All buildings, roadways, and other proposed amenities would be constructed outside the Federal Emergency Management Agency (FEMA)-designated 100-year flood zone. No significant impacts related to flooding would occur.

Water Supply and Groundwater Under Alternative A, water would be supplied through a pipeline extension to the municipal water system of the Town of Windsor, under an agreement to be negotiated between the parties. An 18-inch diameter water main runs along Windsor River Road, bordering the project site to the north. As described in Section 2.1.5, two connections equipped with meters and backflow prevention facilities, if required, would be constructed into the project from the existing 18-inch main. It is anticipated that the existing municipal system would be able to accommodate the water demands of the project. Water demands are summarized in Table 4-1 and discussed in further detail in the water and wastewater feasibility study provided in Appendix B. The projected average daily demand (ADD) of the Proposed Project is 82,300 gallons per day (gpd) or 57 gallons per minute (gpm) (ECO:Logic, 2009a2010a) (Appendix B).

Analytical Environmental Services 4-3 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-1 WATER DEMAND FOR THE PROPOSED PROJECT Description Average Day Demand (gpd) Single-family houses 59,850 Cottages 9,600 High-density units 11,200 Community Center 1,200 Retreat 400 Roundhouse 0 Total Water Demand 82,300 Source: ECO:Logic, 2009a2010a

The Department of Water Resources (DWR) monitors the levels of groundwater in the Santa Rosa Basin. Readings from a monitoring well located in the Town of Windsor, approximately one mile east of the project site, show a seasonal rising and falling of the groundwater table. However, the general trend from 1976 to 2002 (the most recent date of measurement) indicates a rising of the groundwater table (DWR, 2008). This can be inferred as an increase in the amount of water held in the groundwater basin. Another well, located approximately 0.66 miles east of the Russian River and one mile southwest of the project site, has been monitored by the DWR from 1989 to 2008. Readings from this well show an annual rise and fall of the groundwater level. However, the general trend for this well shows a constant groundwater level since 1992. These data indicate that, the closer a well is to the Russian River, the more likely it will be able to maintain a constant water supply. Due to the proximity to the Russian River and the positive trends in groundwater levels, it is anticipated that the additional water demand from the Proposed Project from the Windsor water system would cause a less than significant impact to the Santa Rosa Basin.

Wastewater Treatment and Disposal Estimated wastewater flows and loads from the Proposed Project and alternatives are summarized in Table 4-2. The Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Total Kjeldahl Nitrogen (TKN) loads are estimated using typical literature values. The loads are also based on wastewater flow estimates with 100-year inflow and infiltration rates and the assumption that a Septic Tank Effluent Pumping (STEP) pressure sewer system would be utilized. The STEP system is comprised of a pretreatment tank and a small submersible pump with a control panel located on each house (ECO:Logic, 2009a2010a).

TABLE 4-2 (REVISED) SUMMARY OF INFLUENT FLOW AND LOAD PROJECTIONS Parameter Alternative A Alternative B Alternative C Flows (gallons per day) 80,000 80,000 31,300 BOD (pounds per day) 127 127 50 TSS (pounds per day) 140 140 55 TKN (pounds per day) 27 27 10 Source: ECO:Logic, 2010a

Analytical Environmental Services 4-4 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

The existing Windsor Wastewater Treatment, Reclamation, and Disposal Facility (WWTRDF) is located approximately three miles southeast of the project site. The processes used by the WWTRDF are described in Section 3.09.2. A sewage lift station and approximately 3,200 feet of force main would be constructed to pump the wastewater from the housing community to a manhole located near the intersection of Windsor River Road and Starr Road. Treated effluent from the WWTRDF is either reclaimed and used for irrigation on public and private landscapes or discharged into Mark West Creek, which eventually flows into the Russian River (Figure 4 of Appendix L). The potential impacts to the surface water and groundwater quality are discussed below.

Surface Water Quality The effluent from the WWTRDF that is not used for irrigation is discharged into Mark West Creek. The WWTRDF must comply with the provisions described in Section 3.2.4. According the WWTRDF’s National Pollutant Discharge Elimination System (NPDES) Permit Renewal, the WWTRDF has an excellent compliance history, with only five minor effluent limitation violations over the five-year lifespan of its permit. The additional discharge that would result from Alternative A would be approximately three percent of the existing WWTRDF daily capacity. This would not result in significant impacts to Mark West Creek or the Russian River.

Runoff from residential and community facility areas could transport debris, oil, sediments, and grease into adjoining surface waters, potentially affecting surface water quality. Increased runoff could create scouring and could impact riparian and aquatic habitats. The Tribe is required to adhere to the provisions of the Clean Water Act (CWA). To reduce the effects of increased surface runoff volume and associated pollutants, the Tribe will comply with the terms of the General Construction NPDES permit and ensure that Best Management Practices (BMPs), such as those listed in Section 2.0 1.9 and Section 5.02, are used to reduce the risk of soil erosion and polluted discharge. Construction activities could increase the potential for erosion to occur, which would increase silt loads of the Russian River. The recommended BMPs would significantly reduce erosion and minimize off-site sediment transport. The Tribe will prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) that will include practices that reduce potential surface water contamination during storm events. As discussed in Section 5.02, BMPs would be implemented through the SWPPP to reduce potential construction-related adverse impacts to surface waters to a minimal level.

Groundwater Quality The treated effluent from the WWTRDF that is used for irrigation receives biological secondary treatment and ultraviolet (UV) disinfection. This has been deemed acceptable in the WWTRDF’s NPDES permit. The additional discharge resulting from Alternative A would be approximately three percent of the existing WWTRDF daily capacity. This would not result in significant

Analytical Environmental Services 4-5 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

impacts to groundwater quality, because it is believed that the WWTRDF has sufficient treatment and disposal capacity to serve the Proposed Project (ECO:Logic, 20092010a).

4.1.3 AIR QUALITY Significance Criteria A significant impact would occur if the project construction or operational emissions of the ozone precursors nitrogen oxide (NOx) or reactive organic gases (ROG) were to exceed de minimis levels as provided in Federal Conformity Regulations found at 40 CFR 93. Conformity de minimis levels for NOx and ROG are 100 tons per year (tpy). All other federal criteria air pollutants (CAPs) have attainment status in the San Francisco Bay Area Air Basin (SFBAAB). Under the Federal Conformity Regulations, project emissions of these CAPs would have a less- than-significant impact on regional air quality, as demonstrated below.

Methodology Construction and operational emissions for Alternative A were estimated using URBEMIS 9.2.4, which is the latest air quality model approved by the California Air Resource Board (CARB) and the United States Environmental Protection Agency (USEPA). Construction and operational emissions were then compared to de minimis levels. A construction period of three four years was assumed, with construction expected to begin in 2010 2012. URBEMIS operational defaults were used. Trip generation rates used by the URBEMIS modeling program to determine air quality impacts were derived from the Institute of Transportation Engineers’ (ITE) Trip Generation Manual (ITE, 20072008). The Trip generation rates used in the air quality analysis are consistent with the Traffic Impact Analysis (Abrams Associates, 20092010) (Appendix G).

Anticipated Air Quality Impacts Construction Impacts Construction of the Proposed Project would generate emissions of the six federal CAPs described in Section 3.3.4. Alternative A construction emissions were modeled using URBEMIS with the results presented in Table 4-3; URBEMIS output files are provided in Appendix D. The URBEMIS default construction equipment inventory was used, which is based on typical residential development construction. Construction assumptions include a maximum disturbance of 2.4 acres per day for site grading. Other construction assumptions include the implementation of construction BMPs to reduce emissions, as described in Section 5.03.

Analytical Environmental Services 4-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-3 (REVISED) MITIGATED (UNMITIGATED) CONSTRUCTION EMISSIONS – ALTERNATIVES A AND B

ROG NOx PM2.5 Construction Year tons per year 2012 1.20 (1.30) 6.40 (7.47) 0.16 (2.05) 2013 1.74 (2.63) 5.88 (6.82) 0.07 (0.48) 2014 1.63 (2.52) 5.51 (6.40) 0.06 (0.44) 2015 1.29 (2.16) 4.29 (4.98) 0.05 (0.35) Maximum Annual Emissions 1.74 (2.63) 6.40 (7.47) 0.16 (2.05) De Minimis Level 100 100 100 Significant No No No Source: URBEMIS, 2007; AES, 2011

The generation of construction-related emissions is considered a short-term impact with a high nuisance potential, especially in regard to fugitive dust generation. The Proposed Project has been designed with BMPs that will reduce the potential for short-term dust impacts, as per the mitigation measures listed in Section 5.03. Short-term construction impacts would be less than significant even without the implementation of these measures; however, they are included to reduce impacts by the maximum amount feasible.

Operational Emissions Operational emissions would primarily be associated with residential motor vehicle use. Area source emissions associated with landscaping maintenance equipment, space heaters, and water heaters would contribute to operational emissions and are included in Table 4-4 under Area Sources. Based on residential trip generation rates and defaults for trip length, average trip speeds, and vehicle fleet composition as contained in the URBEMIS 9.2.4 modeling program, operational emissions were estimated for a build-out year of 20132015. Table 4-4 summarizes the total operation emissions, which would not exceed the federal de minimis levels. Therefore, this impact would be less than significant, and no mitigation is warranted. URBEMIS output files are provided in Appendix D.

TABLE 4-4 (REVISED) UNMITIGATED OPERATIONAL EMISSIONS – ALTERNATIVES A AND B ROG NOx PM Sources 2.5 tons per year Area 1.83 0.35 0.00 Mobile 1.67 2.20 0.89 Total Emissions 3.50 2.55 0.89 De Minimis Levels 100 100 100 Significant No No No Source: URBEMIS, 2007; AES, 2011.

Climate Change Climate change would not only have global impacts, such as more erratic weather patterns, more frequent droughts, and rising sea level, but climate change would cause regional and local

Analytical Environmental Services 4-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

impacts as well. Climate change has the potential to reduce the snow pack in the mountain regions, increase drought periods, reduce water tables, potentially directly affecting the project site (Climate ChangeIntergovernmental Panel on Climate Change, 2007).

Development of Alternatives A, B, and C would result in an increase in GHG related to mobile sources (trips generated), area sources (components of the Proposed Project that directly emit GHG), and indirect sources related to electrical power generation, water conveyance, and wastewater treatment.

Methodology Project-related GHG emissions were quantified using the guidance from the BAAQMD guidelines (BAAQMD, 2009 2010). Specifically, direct construction, mobile, and area GHG emissions were quantified using the USEPA and CARB approved air quality modeling program URBEMIS 2007 and Local Government Operations Protocol, 2008 (LGOP) emission factors. Indirect GHG emissions from electricity usage, water conveyance, and wastewater treatment were quantified using emission factors from the LGOP. Indirect and direct emissions were totaled and compared to the BAAQMD recommended significance threshold (BAAQMD, 2010).

Carbon Dioxide Equivalent

Carbon dioxide equivalent (CO2e) is a method by which GHGs other than CO2 are converted to a

CO2-like emission value based on a heat-capturing ratio. As shown in Table 4-5, CO2 is used as the base and is given a value of one. Methane (CH4) has the ability to capture 21 times more heat than CO2; therefore, CH4 is given a CO2e value of 21. Emissions are multiplied by the CO2e value to achieve one GHG emission value. By providing and common measurement, CO2e provides a means for presenting the relative overall effectiveness of emission reduction measures for various GHGs in reducing project contributions to global climate change.

TABLE 4-5 (NEW TABLE) GREENHOUSE GAS CO2 EQUIVALENT

Gas CO2e Value

CO2 1 CH4 21 N2O 310 HFCs/PFCs1 6,500 1 SF6 23,900 Notes: CO2ee= carbon dioxide equivalent CH4 = methane; N2O = nitrous oxide HFCs/PFCs = Hydroflourocarbons/ perflourocarbons SF6 = sulfur hexafluoride 1 High-global warming potential pollutants Source: BAAQMD, 2006 Emission Estimates

Alternative A construction year 2014 would emit 1,169.56 MT per year of CO2, which is the year with the greatest GHG emissions. Using the BAAQMD threshold of 1,100 MT per year, GHG

Analytical Environmental Services 4-8 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

emissions from construction activities would be considered potentially significant. Total construction emissions for Alternative A are estimated at 4,236.45 MT of CO2e.

Table 4-6 shows the estimated operational emissions and project-related reductions. Once construction is completed, the project would emit approximately 2,708 MT of CO2e from mobile and area sources. CH4 and N2O emissions from mobile sources were estimated using emission factors from the Local Government Operations Protocol, 2008 (LGOP) and converted to CO2e. Indirect emissions, electricity use, water conveyance, and wastewater treatment as required under the BAAQMD CEQA guidelines, 2009 were estimated using LGOP emission factors and are estimated at 236 MT of CO2e. Total annual emissions are estimated at 2,944 MT of CO2e.

Alternative A’s contribution to cumulative global climate change is greater than the BAAQMD threshold of 1,100 MT per year of GHG emissions; therefore, this is considered a potentially significant impact. Mitigation measures to reduce GHG emissions are provided Section 5.3, which would reduce project-related GHG emissions below 1,100 MT per year, resulting in a less- than-significant impact to climate change.

TABLE 4-6 (NEW TABLE) ALTERNATIVES A AND B GHG EMISSIONS

CO2e Conversion GHG Alternative A and B GHGs Emissions Factor Emissions in (ST) (ST/MT) CO2e (MT) Direct2 Mobile CO2 2,533.96 0.91 2,305.90 Mobile CH4/N2O 11.49 0.91 10.46 Area CO2 430.08 0.91 391.37 Indirect3 Electricity Usage CO2 212.75 Electricity Usage CH4/N2O 1.88 Water Conveyance CO2e 9.01 Water Conveyance CH4/N2O 0.08 Wastewater Treatment CO2e 12.00 Wastewater Treatment CH4/N2O 0.11 Total Baseline Project-Related GHG Emissions 2,943.56 Notes: ST = short tons; MT = metric tons; CO2e = carbon dioxide equivalent 1 Project-related GHG emissions were estimated using protocols from the BAAQMD CEQA Guidelines 2 GHG emissions estimated using URBEMIS air modeling program. 3 GHG emissions estimated using Local Government Operations Protocol, September, 2008 emission factors. Source: BAAQMD, 2010; AES, 2011 The Proposed Project would emit greenhouse gases during construction and operation. Carbon dioxide (CO2) is the most prevalent greenhouse gas and is used as a measurement standard (CO2 equivalent) for other greenhouses gases such as methane. For this project significance will be determined by compliance with applicable mitigation measures set forth by the California

Attorney General. Mobile source CO2 equivalent emissions were estimated at 4,657 tpy for

Analytical Environmental Services 4-9 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

construction and 2,967 tpy during operation of Alternative A. Mobile construction and operational CO2 emissions were estimated using URBEMIS; output files are provided in

Appendix D. N2O and CH4 emissions from mobile sources were estimated using emission factors from the Climate Action Registry (CAR). Area source emissions for operation were estimated using CAR emission factors; operational emissions were estimated at 68 tpy of CO2 equivalent. Total estimated project GHG CO2 equivalent emission in the first year of construction and operation would be 7,624 tpy. Thereafter, project-related GHG emissions would be 2,967 tpy. Project-related emissions would be reduced by implementing the protective measures provided in Section 2.0. These measures include applicable mitigation measures provided by the California Attorney General. With implementation of the measures provided in Section 2.0 and Section 5.0, there would be a less-than-significant impact to climate change.

4.1.4 BIOLOGICAL RESOURCES Significance Criteria Significant impacts to biological resources would occur if implementation of the Proposed Project would result in direct or indirect take of any federally protected species, including the destruction or degradation of any identified sensitive habitat.

Methodology The analysis of potential impacts is based on the existing biological setting, which is discussed in Section 3.4. The evaluation of biological resources impacts is based on a comprehensive examination of the existing project site and the anticipated extent of habitats, potentially jurisdictional waters of the U.S., native trees, and the presence/absence or potential occurrence of special-status species that would be impacted by each of the proposed alternatives.

Anticipated Impacts to Biological Resources Habitats The Proposed Project is likely to result in direct and/or indirect impacts (i.e., development) to the annual grassland, mixed oak woodland, oak savannah, ruderal/ developed, pasture and mixed riparian habitats onsite. Of these habitat types, oak woodland, oak savannah, and mixed riparian are generally considered sensitive. To the maximum extent possible, the Proposed Project has incorporated the mixed oak woodland, oak savannah, and riparian woodland habitats into the site design to minimize impacts to these habitats by adjusting the locations of lots and structures, utilize existing roadways and cleared areas to avoid more pristine stands of woodlands and exceptionally large individual trees (heritage trees), maintain woodland corridors, and establish aesthetic woodland buffer regions around development areas. Potential impacts to these habitats (i.e., woodlands) are more specifically addressed below in the native tree section. Recommended protective measures described within Section 2.0 1.9 as well as mitigation measures presented in

Analytical Environmental Services 4-10 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Section 5.4 would reduce potential impacts to the mixed oak woodland and oak savannah habitats onsite to less than significant levels.

The Proposed Project is likely tocould result in direct and/or indirect impacts to the aquatic habitats (e.g., perennial drainage, ephemeral drainages, seasonal wetlands, and seasonal wetland swale) within the project site. Although the mixed riparian habitat is considered a terrestrial habitat, it is associated with the aquatic habitats because it surrounds two of the ephemeral drainages and the perennial drainage onsite (see Figure 8 of Appendix E; AES, 2010d). Project design incorporates avoidance and setbacks from mixed riparian habitat as well as identified wetlands and drainages, as discussed in Section 2.1.9. The recommended mitigation measures for waters of the U.S. under jurisdiction of USACE within Section 5.0 4 would minimize the potential for direct and indirect impacts to the aquatic habitats, including the mixed riparian habitat, to less than significant levels.

The Proposed Project would also impact areas of ruderal/developed and pasturine pasture habitat onsite. However, these habitat types are of little biological value because they are disturbed areas that provide minimal resources for native plant and wildlife species, given that they are already notably altered and/or developed. Thus impacts to the ruderal/developed and pasturine habitats within the project site are considered insignificant. Table 4-5 7 provides a summary of the acreages of the habitat types impacted by the maximum build-out AlternativeProposed Project (Alternative BA). No impacts to mixed riparian habitat would occur as a result of the Proposed Project. Anticipated impacts for Alternative A are less than the table summarized below due to the smaller footprint of development in Alternative A (see Section 2.0).

TABLE 4-75 (REVISED) ANTICIPATED IMPACTS TO HABITAT TYPES - ALTERNATIVE A Total Acres Within Acreage Percentage of Habitat Type Project Site Affected Habitat Affected Terrestrial Habitats Annual Grassland 5.48 1.88 34.31 Mixed Oak Woodland 53.59 17.04 31.80 Oak Savannah 8.21 3.94 48.00 Mixed Riparian 1.56 0 0 Pasture 36.78 13.75 37.38 Ruderal/Developed 16.99 4.81 28.31 Aquatic Habitats Ephemeral Drainage 0.379 0.0155 4.09 Isolated Pit 0.022 0.00831 37.77 Seasonal Wetland 0.624 0.0159 2.55 Seasonal Wetland Swale 0.273 0 0 Stock Pond 0.266 0 0 Perennial Drainage 0.034 0 0 TOTAL 124.12 41.49 33.43% Source: AES, 2010a (Appendix E).

Analytical Environmental Services 4-11 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Upon implementation of the protective measures and recommended mitigation measures provided in Sections 2.0 and 5.04, anticipated impacts to sensitive habitat types within the project site would be less than significant.

Waters of the U.S. The Proposed Project has the potential to result in direct and/or indirect impacts to the potentially jurisdictional waters of the U.S. within the project site. Direct impacts would include fill and/or discharge and indirect impacts would include sedimentation and/or modification of existing water quality. As discussed in Section 3.4.4, a formal wetland delineation has been conducted within the project site (AES, 2010d). The wetland delineation identified 0.8561.6 acres of potential waters and of these, 1.297 acres of potentially jurisdictional wetland features within the project site; this delineation is subject to USACE verification (AES, 2009f2010d). To the maximum extent feasible, the Proposed Project has been designed to eliminate direct impacts to waters of the U.S. by situating lots and structures away from wetland features (Table 4-7). Two small, man-made isolated pits, an isolated seasonal wetland and an isolated seasonal wetland swale could be filled or otherwise impacted; however, these features are not considered jurisdictional features to the USACE pursuant to the CWA and filling them would not result in a significant impact (Section 3.4.4; AES, 2010d). Upon implementation of the recommended mitigation measures described in Section 5.04, potential impacts to waters of the U.S., including the sensitive mixed riparian habitat, would be reduced to less-than-significant levels.

Native Trees The Proposed Project has the potential to result in direct impacts (i.e., removal or damage) to oak and other native trees within the sensitive mixed oak woodland and oak savannah habitats onsite. Table 4-6 8 estimates the total number of trees greater than nine inches DBH that would be directly impacted by each of the project alternatives, as well as the number and percentage of trees that would be preserved (AES, 2010e). The majority of the identified valley oaks within the Valley Oak Habitat (VOH) Combining District shall be preserved owing to project design and avoidance of these trees. The development of the proposed project would preserve large, existing blocks of mixed oak woodland, particularly along sensitive areas of drainages and wetlands.

TABLE 4-68 (REVISED) TREE IMPACT SUMMARY FOR EACH PROJECT ALTERNATIVE Approximate Approximate Percentage of Alternative Number of Trees Number of Trees Trees Preserved Impacted Preserved A 1,669 2,858 63.12% B (Option 1) 1,717 2,811 62.08% B (Option 2) 1,701 2,827 62.43% C 1,364 3,164 69.88% D 0 4,528 100% Source: AES, 2010e.

Analytical Environmental Services 4-12 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Native trees within the mixed oak woodland and oak savannah se two habitat types could also be indirectly impacted by construction activities because development practices often result in stress factors that leave native trees susceptible to further damage, limb and/or trunk failure, disease, decay, and increased susceptibility to insect infestations. Examples of indirect impacts to native trees caused by development practices include root death caused by oxygen deficiency in compacted or waterlogged soils, root death caused by soil changes associated with implementation of new structures or pavement, weakened resistance to disease, insect infestation from associated stress factors, and introduction of pathogens and insects to the habitat. Overcrowding of trees in the mixed oak woodland habitat on site has resulted in stressed growing conditions, which increases the potential for these indirect impacts, as well as creating a fire hazard. Upon implementation of the protective measures in Section 2.0 1.9 and additional mitigation measures in Section 5.04, potential impacts to native trees would be reduced to less- than-significant levels.

Special-Status SpeciesAnimals As described in Section 3.4.4, six plant species were the only federal species determined to have the potential to occur within the project site (described in following paragraph). Another 14 state and CNPS- listed plant species could occur within the project site, and were considered during focused botanical surveys conducted within the project site (Attachment E to the BA: Appendix E). Two CNPS List 4 species were identified during focused botanical surveys within the project site: Lobb’s aquatic buttercup and harlequin lotus. As described in Attachment E of Appendix E, these two species would be avoided in their wetland habitats owing to project design, therefore no impacts would occur. Five non-federal animal species have the potential to occur within the project site: northwestern pond turtle, great blue heron, white-tailed kite, pallid bat and American badger (Table 3-10). Suitable habitat for the northwestern pond turtle would be avoided by project design, owing to avoidance of wetland habitats. The project site provides only foraging habitat for pallid bat, primarily over waters and wetlands (which would be avoided by project design). While there is only marginally suitable habitat for American badger, no badgers were observed during years of field surveys.

Special-Status Plants As previously discussed in Section 3.4.4, several federally listed plant species have potential to occur within the project site; however, none have actually been identified on the property despite years of repeated surveys. Listed species include Sonoma alopecurus, Sonoma sunshine, Burke’s goldfields, Sebastopol meadowfoam, Pitkin Marsh lily, and many-flowered navarretia. All of these plant species, except Sonoma alopecurus and Pitkin Marsh lily, are addressed in the Santa Rosa Plain Conservation Strategy (Conservation Strategy: USFWS, 2005a). The Proposed Project has the potential to result in direct impacts to special-status plant species should they occur within the project site. The Proposed Project could also result in indirect impacts to special-status plant species through loss of suitable habitat. Habitat loss is considered a

Analytical Environmental Services 4-13 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

significant impact to special-status plant species within the Santa Rosa Plain because a persistent seed bank may be present even if the special-status plant species has not been detected. Determinant-level floristic surveys for potentially occurring special-status plant species (i.e., federal, state, and CNPS) have been conducted within the majority entirety of the project site for at least one year (majority for two years) and no special-status plant species were observed (AES, 2009g2010e; Attachment E to Appendix E). In addition, the floristic survey efforts were conducted in accordance with the Conservation Strategy protocol and occurred within the appropriate bloom periods for all potentially occurring special-status plant species. As previously mentioned, the Conservation Strategy protocol requires that three separate floristic surveys be conducted within the project site, when at least one local reference population of the target special-status plant species is blooming, for two consecutive years (USFWS, 2005a). This requirement has been met for half of the parcels for the project site (APNs 066-300-031 and , 066-300-033, 066-300-028, 066-191-018, 066-191-017, 066-191-020 and 066-191-022) since two consecutive years of floristic surveys, substantiating negative results, have been completed. One year of floristic surveys, substantiating negative results, has been completed on APNs 066- 300-028023, 066-191300-017, 066-191-0168, 066-191-020021, and 066-191-022019, 066-050- 040 and 066-050-047. Floristic surveys for these five seven project parcels will be totally completed by the end of the blooming period in 20102011 or by early 2012. Completely substantiated negative results are anticipated.

UAs mentioned above, under the Conservation Strategy, loss of any potential habitat for Sonoma sunshine, Burke’s goldfields, Sebastopol meadowfoam, and many-flowered navarretia would be considered a significant impact. Implementation of the recommended mitigation measures outlined in Section 5.0 4.3 would reduce potential impacts (i.e., loss of potential habitat) to special-status plant species within the Santa Rosa Plain to a less-than-significant level. If special- status plant species are observed within the project site during the floristic surveys yet to be conducted, implementation of the additional recommended mitigation measures would reduce any potential impacts to special-status plant species to a less-than-significant level.

Nesting Migratory Birds The Proposed Project has potential to impact migratory nesting birds if construction activities occur during the nesting season (MarchFebruary 15 through September 15). Activities associated with the Proposed Project, such as ground disturbance and vegetation removal, could impact nesting birds if their nests are located within development areas. Likewise, increased human activity and traffic, elevated noise levels, and operation of machinery could also impact nesting birds if their nests are located within the vicinity of development areas. Disturbance of this nature that occurs within 500 feet of an active nest could cause nest abandonment or premature fledging of the young. This would be a potentially significant impact. Upon implementation of the recommended mitigation measures in Section 5.04.4, potential impacts to migratory nesting birds would be reduced to a less than significant level.

Analytical Environmental Services 4-14 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.1.5 CULTURAL RESOURCES

This section identifies direct and indirect impacts to cultural and paleontological resources that would result from implementation of the Proposed Project.

Archaeological Resources For historic properties, a significant adverse impact would result if implementation of the undertaking resulted in one of the following effects to cultural resources that are listed, or eligible for listing, on the National Register of Historic Places (NRHP):

. Physical destruction of or damage to all or part of the resource. . Alteration of a resource. . Removal of the resource from its historic location. . Change of the character of the resource’s use or of physical features within the resource’s setting that contribute to its historic significance. . Introduction of visual, atmospheric, or audible elements that diminish the integrity of the resource’s significant historic features; . Neglect of a resource that causes its deterioration. . Transfer, lease, or sale of the property.

As part of the cultural resources study, a literature review, records search, Native American consultation, and pedestrian surveys for the presence of cultural resources were conducted within the project site. No potentially significant cultural resources were identified as a result of that effort. While five three residences meeting the minimum age requirement for the NRHP are located within the project site, they do not rise to the level of significance necessary for consideration as historic properties. Therefore, no impacts to known historic properties would occur as a result of the undertaking.

There is always a possibility, however remote, that significant subsurface cultural resources may exist in the project site, as archaeological sites may be buried with no surface manifestation. In addition, there is a remote possibility that an unanticipated discovery of human remains could occur. Development proposed as a part of this undertaking may adversely affect previously unknown subsurface prehistoric or historic archaeological resources, including human remains. This would be a potentially significant impact.

Mitigation measures are presented in Section 5.0 5 for the protection and treatment of unanticipated discoveries of archaeological resources and/or human remains. Implementation of these mitigation measures would reduce impacts to cultural resources to a less-than-significant level.

Analytical Environmental Services 4-15 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Paleontological Resources With respect to paleontological resources, an impact would be considered significant if it would directly or indirectly destroy such resources. As described in Section 3.5.4, indicators of paleontological resources within the project site are absent in the sources consulted, and no such resources were observed in the course of site reconnaissance visits between 2007 and 2010 in 2007, 2008, and 2009 by AES staffarchaeologists. Geologic formations that underlie the project site have a low probability of containing paleontological resources. Therefore, no impacts are expected.

There is always the possibility, however slight, that previously unknown paleontological resources could be encountered during construction activities. Mitigation measures are presented in Section 5.0 5 for the protection and preservation of unanticipated discoveries of paleontological resources. Implementation of these mitigation measures would reduce impacts to paleontological resources to a less-than-significant level.

4.1.6 SOCIOECONOMIC CONDITIONS / ENVIRONMENTAL JUSTICE

Alternative A would remove the seven project parcels totaling 92 124.12 acres from the County’s property tax rolls, which would result in a loss of tax revenues. For the 2008-2009 tax year, the property taxes for the seven fourteen proposed trust parcels total $59,956.80167,777.22. Property taxes for individual parcels for the 20082009-2009 2010 tax year are listed below (Sonoma County, 2010):

. APN 066-191-017: $2,095.2826,152.24 . APN 066-191-018: $0.0023.32 . APN 066-191-020: $5,040.148,006.70 . APN 066-191-022: $1,294.5231,207.70 . APN 066-300-028: $7,474.6618,678.94 . APN 066-300-031: $27,834.5629,094.74 . APN 066-300-033: $16,217.6416,941.14 . APN 066-300-023: $1,421.30 . APN 066-300-017: $7,839.02 . APN 066-191-016: $2,545.06 . APN 066-191-019: $11,785.00 . APN 066-191-021: $10,579.72 . APN 066-050-040: $3,303.46 . APN 066-050-47: $1,198.88

The Sonoma County Tax Collector collected approximately $690.6681.6 million in property taxes for the 2008-20092009-2010 year. The tax on the project parcels was approximately 0.009

Analytical Environmental Services 4-16 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

0.02 percent of the county’s total tax revenue. In determining impacts to the County’s tax base, the 0.009 02 percent loss in property taxes is de minimisdiminutive, would not lead to any adverse physical effects, and therefore would not be significant under NEPA. Because the Proposed Project would include the development of only 147 housing units, and because most of the children expected to live in these homes already live within Sonoma County, there would be no significant net increase in enrollment in local schools. Therefore, no adverse impacts to local school districts would occur, and no mitigation measures are warranted.

Environmental Justice This environmental justice analysis was prepared using guidance from the CEQ for compliance with Executive Order 12898. The intent of this evaluation is to determine whether the Proposed Project or alternatives would impose disproportionately high and adverse human health or environmental effects of (BIA’s) programs, policies, and activities on minority populations and low-income populations.

The project site is located in a rural area with increased development occurring near the project site and no low-income or minority populations are located adjacent to or near the project site. The identified Native American population would not be subjected to disproportionately high or adverse human health or environmental impacts. The Proposed Project is not anticipated to create any adverse impacts with regard to environmental justice, and no mitigation measures are warranted.

4.1.7 TRANSPORTATION AND CIRCULATION Transportation Networks The Traffic Impact Study (Abrams Associates, 20092010; Appendix G) was conducted for both existing and cumulative conditions. For both conditions the peak-hour trip generation of the Proposed Project was estimated based on information published in Trip Generation (Institute of Transportation Engineers, 2003). Table 4-7 9 summarizes the estimated a.m. and p.m. peak-hour trip generation of the Proposed Project.

TABLE 4-79 PROPOSED PROJECT TRIP GENERATION ESTIMATES AM Peak-Hour Trips PM Peak-Hour Trips Land Use Size In Out Total In Out Total Single Family 147 Residential Units 28 82 110 94 54 148 NET TOTAL 28 82 110 94 54 148 Source: Institute of Transportation Engineers, 20032008; Abrams Associates, 201009

The Proposed Project is estimated to generate a gross total of approximately 110 a.m. peak-hour trips (28 inbound and 82 outbound) and 148 p.m. peak-hour trips (94 inbound and 54 outbound).

Analytical Environmental Services 4-17 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Based on the standards in the Caltrans’ Guide to the Preparation of Traffic Impact Studies (State Department of Transportation, 2002), additional analysis of roadway segments and freeway facilities is not required. Caltrans requirements state that an environmental review should include any State Highway facility where more than 100 trips would be added or any State Highway facility operating at LOS C or LOS D where more than 50 trips would be added. Based on the trip generation for the Proposed Project, the project would add fewer than 50 trips to any one freeway segment. In addition, the intersection level of service (LOS) analysis indicates that the project would not cause any roadway segments to exceed capacity (Appendix G).

Trip Distribution The distribution of project traffic for the Proposed Project was determined based on existing travel patterns and the nature of the roadway system serving the project site (Appendix G).

Significance Criteria The Town of Windsor General Plan 2015 established the LOS standards for intersections within the Town limits. A LOS of D is the standard that applies to all intersections with the exception of the Project Intersection #9, which is identified as an intersection with an acceptable LOS of E (Town of Windsor, 19962005). Sonoma County designates LOS D as a standard for intersection within their jurisdiction. Thus, each intersection operates acceptably according to the Town’s and County’s LOS standards. None of the project intersections warrant installation of a traffic signal under existing conditions according to Caltrans standards.

Background Plus Project Intersection Levels of Service Traffic generated by the Proposed Project was added to the background a.m. and p.m. peak-hour volumes based on the distribution percentages described above. Table 4-8 10 summarizes the a.m. and p.m. peak-hour level of service (LOS) at each study intersection under background plus Proposed Project conditions. All project intersections are projected to continue to operate at LOS D or better, with the exception of the Windsor River RoadOld Redwood Highway/NB US 101 Off-ramp-Lakeview Road intersection (Project Intersection #9), which is identified as an intersection with an acceptable LOS of E (Town of Windsor, 19962005). Since the traffic generated by the Proposed Project would not deteriorate the LOS at current intersections in the vicinity of the project site to unacceptable Sonoma County or Town of Windsor standards, a less- than-significant impact to local intersections would result. No mitigation measures would be warranted.

Analytical Environmental Services 4-18 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-810 (REVISED) LEVEL OF SERVICE SUMMARY FOR BACKGROUND PLUS PROJECT CONDITIONS Background Background plus Project Traffic AM Peak PM Peak AM Peak PM Peak Intersection Average Average Average Average Control LOS LOS LOS LOS Delay Delay Delay Delay #1. Eastside Road Stop and Windsor River Sign B 10.1 B 10.1 B 10.2 B 10.2 Road (Future) #2. Windsor River Stop Road and Project Sign N/A N/A N/A N/A B 10.1 A 10.0 Entrance #1 (Future) #3. Windsor River Stop Road and Project A 9.7 A 9.5 B 10.8 B 10.9 Sign Entrance #3 #4. Windsor River All-Way Road and Starr B 11.4 A 9.6 B 12.1 B 10.3 Stop Road #5. Windsor River Traffic Road and Windsor D 38.1 C 31.5 D 39.4 C 31.5 Signal Road #6. Windsor River Stop C 21.7 C 22.9 C 23.8 D 26.2 Road and Bell Road Sign #7. Windsor River Road and Old Traffic D 39.1 D 36.7 D 39.6 D 38.0 Redwood Signal Hwy/Conde Lane #8. Old Redwood Traffic Hwy and SB Hwy B 16.9 B 15.7 B 17.7 B 16.8 Signal 101 Ramps #9. Old Redwood Hwy and NB Hwy Traffic C 33.7 D- 61.6 D 36.1 E 62.2 101 Off-Ramp – Signal Lakeside Road #10. Old Redwood Stop Hwy and Project N/A N/A N/A N/A A 9.4 A 9.4 Sign Entrance #2 Note: LOS- Level-of-Service; all average delay times in seconds Source: Abrams Associates, 2010

Bicycle, Pedestrian, and Transit Networks

The project would not generate a large number of new pedestrian trips, bicycling activity, or transit riders along Windsor River Road or the other public roads in the area. Existing non- vehicular networks would not be affected by the predicted LOS levels. Thus, no significant impacts are projected to these networks as a result of the Proposed Project.

Construction Traffic

Traffic impacts resulting during the construction of the Proposed Project would be temporary in nature. These construction trips are not anticipated to occur during peak hour and they are would be less in number than those trips anticipated after construction has completed (Table 4-9). Construction worker arrival would peak between 6:30 AM and 7:30 AM, and departure would

Analytical Environmental Services 4-19 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

peak between 4:00 PM and 5:00 PM. The AM peak is prior to the area wide commute peak of 7:30 AM to 8:30 AM. In the evening, there would be a period of overlap in the employee commute peak and the area wide commute peak of 4:30 PM to 5:30 PM.

The delivery and removal of heavy equipment to the site would happen only a few times during the construction duration, as large construction vehicles would stay on-site during the grading phase of construction. When transport of these vehicles occurs, all trucks would comply with applicable Department of Transportation load limits to reduce potential road degradation.

Therefore, due to the temporary nature of construction traffic, the limited number of trips expected, and the timing of these trips, construction trips on study intersections or roadways would result in a less than significant traffic impact.

4.1.8 LAND USE

The Proposed Project would result in the construction of 147 housesresidence units, a community center, a roundhouse, and a retreat. The development would be compatible with surrounding residential land uses, including a housing community located northeast of the site.

Once the 92124.12-acre site is brought into federal trust, the Sonoma County General Plan (2020) and Town of Windsor General Plan (2015) land use policies and standards would no longer apply to the project site. Overall consistency with of the proposed project with the County and Town of Windsor land use and zoning designations would require productive agriculture and/ or lower density of dwelling units. According to Sonoma County and Windsor zoning regulations (using Windsor zoning for parcels within the Town’s Sphere of Influence), 143 housing units would be allowable on the project site. This is substantially similar to Alternative A’s proposed 147 housing units. The nature of the proposed housing development with associated community facilities is similar to the rural housing use that the Town Windsor would most likely develop for the parcels within the urban growth boundary (should the land not be taken into trust). Therefore, Alternative A is generally compatible with the existing land use designations and zoning. As similar uses currently occur in the surrounding area (such as the residential subdivision northeast of the project site), and no significant land use conflicts would occur (such as a restriction in access) effects to land use would be less than significant.

Coastal Zone The project site is located outside of the Coastal Zone. There are no activities that would affect coastal resources. Measures proposed in Section 2.0 1.9 and Section 5.0 2 for management of stormwater runoff would reduce potential off-site impacts to a less than significant level.

Analytical Environmental Services 4-20 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Agriculture The area proposed for the development of the housing community is located adjacent to agricultural operations. Proximity to agricultural operations could result in potential impacts associated with noise from farm equipment, dust, irrigation overspray, and other effects. However, the Sonoma County Right-to-Farm Ordinance would continue to protect neighboring farmers from potential nuisance suits.

Development of the project site would result in a loss of agricultural grazing land and farmland of local importance, as defined by the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS). However, this land is currently wooded, nonirrigated and not in agricultural production. As discussed in Section 3.8.3, the project site did not receive a Farmland Conversion Impact Rating (FCIR) of 160 or above (Appendix H). Therefore, the impact to agriculture would be less than significant.

4.1.9 PUBLIC SERVICES Water Supply The estimated ADD for Alternative A is 57 gpm for an annual average supply of 92 acre-feet per year (ECO:Logic, 2009a2010a; Appendix B). Alternative A would obtain water through a connection with the Town of Windsor’s public water supply system. As discussed in Section 2.01.5, the Town of Windsor maintains a water transmission main that parallels Windsor River Road (ECO:Logic, 2009a2010a).

In order to connect to the existing municipal system, minimal facilities would be required. Two connections would be constructed into the project site from the existing 18-inch diameter water main in Windsor River Road. The meter at each connection would allow the Town of Windsor to account for usage by the private water system. It is likely that there is sufficient flow and pressure in the existing water transmission main to supply water for both potable water service and fire protection (ECO:Logic, 2009a2010a). No Less than significant impacts would occur to the Windsor public water supply system, therefore no mitigation measures are warranted.

Wastewater Service Wastewater from the Proposed Project would be conveyed to the Town of Windsor Wastewater Treatment, Reclamation, and Disposal Facility (WWTRDF) through the existing municipal sewer collection system. A sewage lift station and approximately 3,200 feet of force main would be constructed to pump the wastewater from the community to a manhole located near the intersection of Windsor River Road and Starr Road. The connection to the municipal wastewater system from the Proposed Project would result in the increase of wastewater treated by the WWTRDF by 63,600 gpd. The WWTRDF has sufficient treatment and disposal capacity to serve the Proposed Project. The Tribe would adhere to the local regulations, including the Town’s

Analytical Environmental Services 4-21 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Sanitary Sewer Management Plan, when planning and constructing sewer collection systems for the project site (ECO:Logic, 2009a2010a). The WWTRDF would not experience any adverse impacts from the connection of the Proposed Project. No mitigation measures are warranted.

Solid Waste Potential solid waste streams from construction would include paper, wood, glass, aluminum and plastics from packing materials; waste lumber; insulation; empty non-hazardous chemical containers; concrete; metal, including steel from welding/cutting operations; and electrical wiring. This impact is considered temporary and less than significant. Solid waste and recycling from the residences on the project site would be collected by Windsor Refuse and Recycling, or another similar company.

Assuming a disposal rate of 2.53 lbs/person/day (USEPA, 2007c), and 147 residences with an average household size of 2.61 persons (U.S. Census Bureau, 2006), approximately 971 lbs of solid waste per day would be generated. As described in Section 2.1, the community center will house administrative offices with space for approximately 12 full-time equivalent employees. Public administration facilities typically dispose of 0.4 tons of solid waste per employee per year (California Integrated Waste Management Board [CIWMB], 2007c); therefore, the community center would generate approximately 49.2 tons of waste per year. The retreat and roundhouse will only be used by the community’s residents on occasion; their contribution to solid waste is therefore minimal. Because most Tribal members that would be project residents and employees already live within the County, their net impact to the four private landfills used by Windsor Refuse and Recycling would not change and impacts would be less than significant.

Electricity, Natural Gas, and Telecommunications Electrical and telephone infrastructure facilities are currently located on and near the project site. The Tribe will coordinate with Pacific Gas & Electric (PG&E) and AT&T regarding the extension of services to the project site. The project would use propane rather than natural gas, which it would contract directly from local supply companies in the area. No adverse utility service impacts would occur.

Law Enforcement Under Public Law 280, 18 U.S.C. §1162, the State of California and other local law enforcement agencies have criminal enforcement authority on Tribal lands. The Sonoma County Sheriff’s Department Office would provide law enforcement services to the project site. The planned facilities would result in a negligible increase in demands on the Department. Calls for service would not be disproportionate to other residential or commercial development in the County; therefore, no significant impacts would occur.

Analytical Environmental Services 4-22 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Fire Protection and Emergency Medical Services Construction-related impacts include the potential fire threat associated with equipment and vehicles coming into contact with wildland areas. Construction vehicles and equipment such as welders, torches, and grinders may accidentally spark and ignite vegetation or building materials. The increased risk of fire during the construction of the proposed facilities would be similar to that found at other construction sites. Since the project site is in an area classified as a High Wildland Fire Zone, construction related impacts are considered potentially significant. With the implementation of the protective measures and mitigation measures described in Section 2.0 1.9 and Section 5.09, respectively, impacts would be less than significant.

Design standards equivalent to cCurrent building and fire codes would be adhered to in relation to fire safety. Use of the site for residential purposes would create additional demand for fire protection, and require more frequent responses from local fire-fighting agencies. The project site is located in a State Responsibility Area, and the California Department of Forestry and Fire Protection (CAL FIRE) would be reimbursed for wildland protection services as specified in the Statewide Annual Operating Plan between the BIA and CAL FIRE, as provided for in the Cooperative Wildland Fire Management and Stafford Act Response Agreement (Appendix I). The Cooperative Agreement commenced in December 2007 and is active through December 2012. During periods of higher fire danger, normally occurring in the region during the summer months, the Healdsburg CAL FIRE station, located approximately 5.5 miles north of the project site would be staffed. Impacts related to fire protection services would be less than significant.

Increased emergency calls to 911 as a result of the Proposed Project may result in slight delays in response times or result in the need for ambulances to be dispatched from more distant locations. Because several ambulance companies provide services in the area, and because new demands would be minimal owing to the fact that most potential residents of the Proposed Project already live within the County, the increased demand for emergency medical services would not create a significant impact.

Public Schools Residents that relocate to Windsor under the Proposed Project would increase the number of kindergarten through 12th grade students enrolled in the Windsor Unified School District (WUSD). As discussed in Section 3.9.7, enrollment in the WUSD has increased by 30 percent over the past decade from 4,250 students in 2000/2001 to 5,515 students in 2008/2009 (Ed-Data, 2010). The average class size in the WUSD has decreased over the past decade from 25.1 in 2000/2001 to 21.5 in 2008/2009, a 3.6 percent decrease (Ed-Data, 2010). As stated in Section 2.0, construction of the Proposed Project is anticipated to be completed in 2015. Based on historical trends in WUSD enrollment and teacher employment, WUSD would have a 2012/2013 enrollment of 6,077 and a 2013/2014 enrollment of 6,215. If teacher employment rates remain consistent with past trends, the average class size in the WUSD would be 21.2 in the 2012/2013

Analytical Environmental Services 4-23 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

school year, and 21.1 in the 2013/2014 school year. The proportion of occupied Windsor housing units to students enrolled in WUSD is determined by taking the 2008/2009 WUSD enrollment (5,515 students) and dividing by the total number of households in Windsor as of January 1, 2009 (9,147 units; CA Department of Finance, 2009), which is equivalent to 60.2 percent of households with one child enrolled in a local school.

An impact to local schools could occur as a result of the development of 147 housing units under the Proposed Project if the schools lack capacity and staff to serve the additional students. Assuming that residents of the Proposed Project would retain the same proportion of students as observed within the Town of Windsor, Alternative A is projected to result in approximately 89 new students requiring enrollment in WUSD upon completion of the project in 2015; however because some of the residents may be relocating from within the Town of Windsor, this is considered a worst-case estimate of potential impacts to enrollment. Given that any anticipated new students would be distributed across all grade levels between kindergarten through the continuation school; 89 new students would be considered a nominal impact to WUSD. The Windsor Unified School District (WUSD) is located within the Healdsburg Planning Area (HPA) of the Sonoma County General Plan (2020). The General Plan projects that the baseline number of students (K-12) within the HPA will increase by 2.5 percent to 2,845 by the 2020 Plan year. New students entering the WUSD as a result of the Proposed Project would be negligible because most potential residents of the project site currently live within the County. In addition, Title VIII of the U.S. Elementary and Secondary Education Act of 1965 avoids significant impacts to school districts impacted by federal acquisition of land by providing special funding from the U.S. Department of Education to school districts impacted by federal acquisition of land where certain thresholds are met. The potential increase in enrollment would not be anticipated to significantly affect the ability of WUSD to provide education services at existing levels; therefore, no significant impact would occur.

Parks and Recreation The Proposed Project would include recreation areas, parks, and multi-use trails for use by Tribal members. No adverse impacts would occur to local parks or recreational facilities.

4.1.10 NOISE Construction Noise Grading and construction activities associated with the Proposed Project would be intermittent and temporary in nature. The closest sensitive receptors that would be exposed to noise during project construction are is the private residences located approximately 2500 feet or more east north of APN 066-191-016 and others located greater than 100 feet northeast of where the proposed construction activities would occur.

Analytical Environmental Services 4-24 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Construction noise levels at and near the Project Site would fluctuate depending on the particular type, number, and duration of uses of various pieces of construction equipment. Construction- related material haul trips would raise ambient noise levels along haul routes, depending on the number of haul trips made and types of vehicles used. Table 4-9 11 shows typical noise levels 50 feet from the sources during different construction stages.

TABLE 4-911 TYPICAL CONSTRUCTION NOISE LEVELS * Construction Phase Noise Level (dBA, Leq) Ground Clearing 84 Excavation 89 Foundations 78 Erection 85 Finishing 89 Notes: * Average noise levels correspond to a distance of 50 feet from the noisiest piece of equipment associated with a given phase of construction and 200 feet from the rest of the equipment associated with that phase. Leq: the equivalent sound level is used to describe noise over a specified period of time, typically one hour, in terms of a single numerical value. The Leq is the constant sound level which would contain the same acoustic energy as the varying sound level, during the same time period (i.e., the average noise exposure level for the given time period).

Source: Bolt, Baranek, and Newman, 1971

Stationary point sources of noise attenuate (lessen) at a rate of 6 to 7.5 dBA per doubling of distance from the source, depending on environmental conditions (i.e., atmospheric conditions, topography and type of ground surfaces, noise barriers, etc.). The nearest sensitive receptors to construction noise are residences located approximately 20050 feet from where construction activities would occur. The maximum construction noise would be 89 dBA at 50 feet, 82.5 dBA at 100 feet and 75 dBA at 200 feet. Construction noise impacts would be temporary, intermittent, and would occur between the hours of 7 a.m. and 6 p.m. It is important to note that the project site encompasses a large area and construction activities would be phased, and would not occur throughout the entire project site or all at once. According to the Federal Highway Administration (FHWA) guidelines, a 75 dBA noise level is acceptable during construction (FHWA, 2006). A few houses would be located closer than 200 feet to the construction area and would therefore be exposed to noise levels greater than 75 dBA for short periods of time during the day; therefore, noise from construction activities would be less than significantpotentially significant at these houses. It is important to note that the Project Site encompasses a large area and construction activities would not occur throughout the entire project site or all at once. Further reduction of construction noise impacts would occur with tThe implementation of measures outlined in Section 5.0 10 would ensure noise impacts during construction are less than significant.

Operation Noise The primary source of noise in the area is generated by traffic. As discussed in Section 3.10, an increase of 200 peak hour vehicle trips on a roadway would be necessary to cause a noticeable

Analytical Environmental Services 4-25 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

increase in the ambient noise level (FHWA, 2006). According to the traffic impact analysis (Abrams Associates, 20092010) (Appendix G) and the discussion in Section 4.1.7, the Proposed Project would result in an increase of a maximum of 148 cars per peak hour on local roadways. Therefore, no audible increase in the ambient noise level would occur. The Proposed Project would not increase the existing ambient noise level (55 dBA) beyond the FHWA guideline of 65 dBA (Section 3.10). In addition, as discussed in Section 2.01.9, outdoor spaces of houses associated with the Proposed Project will be oriented to minimize noise levels for offsite residents in the vicinity of the project site. Consequently, there would be a less-than-significant impact resulting from noise during operation of the Proposed Project.

4.1.11 HAZARDOUS MATERIALS

No hazardous materials have been identified on site or within a distance that would affect the Proposed Project (AES, 2007a, 2007b; 2008a; 2009d2009b-ee; 2010g-i; Appendix J). As discussed in Section 5.011, the removal of all non-hazardous debris on the seven fourteen parcels will be completed before development begins on the project sitethe parcels are placed into trust.

During grading and construction, it is possible that hazardous substances such as gasoline, diesel fuel, and hydraulic fluid, would be transported to the site. Temporary bulk aboveground storage tanks as well as storage sheds/trailers would likely be used by various contractors for fueling and maintenance purposes. As with any liquid and solid, there is potential for an accidental release exists during handling and transfer from one container to another. Depending on the relative hazard of the material, the accidental release could pose both a hazard to construction employees as well as the environment. Although typical construction management practices limit and often eliminate the impact of such accidental releases, the potential exists with the temporary onsite storage of hazardous materials that a significant release could occur. This impact would be potentially significant. Mitigation measures are listed in Section 5.11 that would reduce the impact to a less-than-significant level.

4.1.12 VISUAL RESOURCES

Impacts related to visual resources would be considered significant if the Proposed Project were to substantially alter or interrupt locally important scenic vistas, introduce visual elements that would conflict with the County’s Rural Character Design Guidelines (Sonoma County, 2008), or create sources of inappropriate or excessive glare or nighttime illumination.

The Proposed Project would result in the construction of a mixed-density residential development, community center, retreat, and roundhouse, as well as community infrastructure and amenities such as roads and bicycle/pedestrian pathways, and open space/parkland areas. Development of the project site would be completed in general conformance with Sonoma

Analytical Environmental Services 4-26 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

County’s Rural Design Guidelines, and would complement existing rural residential development in the project vicinity. The project would leave natural open space areas along Windsor River Road and Eastside Road in order to provide a transition between the development and other nearby rural and agricultural uses. Existing oak woodland vegetation and the topography of the site would minimize the visual prominence of the proposed housing and other buildings. The project would not be visible to travelers on Highway 101.

Single-family homes would be one to two stories, and would be located to take advantage of the natural site topography, exposure, and vegetation. Cottage homes would be smaller, attached (duplex) one-story buildings, also sited to preserve vegetation and minimize cuts/fill along slopes. Multi-family housing units would be two stories, with central shared “motor court” areas to maximize use of space while requiring minimum grading and paving. The higher-density areas of housing would be located toward the southern side of the property, away from public roadways and public view, as would the community center and roundhouse facilities. Single-family houses would primarily be oriented toward the interior of the property, so that limited development would be visible to local residents or travelers on Eastside Road and Windsor River Road.

The Proposed Project would incorporate understated signage and safety lighting within public areas. All lighting at roadway intersections and in parking lots for the community center/roundhouse would be downcast and shielded, in accordance with “dark sky” principles. As stated indescribed by the protective measures in Section 2.01.9, light poles would be no more than 18 feet high and will be required to have cut-off lenses.

The Proposed Project would not interrupt or substantially alter local views, or create any sources of glare or excessive nighttime illumination. Development would generally conform to the appropriate Rural Design Guidelines, although once the property is taken into federal trust, the Sonoma County General Plan goals, objectives, and policies of the Open Space Element would no longer apply. Visual impacts would be less than significant and no mitigation measures would be warranted.

4.2 ALTERNATIVE B - ONSITE WATER AND WASTEWATER

4.2.1 LAND RESOURCES

Impacts related to soils under Alternative B would be similar to those described for Alternative A (Section 4.1.1). However, nominal additional grading and leveling would be needed to accommodate construction of the wastewater treatment and reclamation facility (WTRF) that would be located in the northwest or southeast corner of the site (location 1 or 2) with the first option under Alternative B. With the gentle slopes in this area, grading will result in less than significant impacts to topography. Approximately 3,000150 cy of surplus fill would be generated

Analytical Environmental Services 4-27 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

by the project and would need to be disposed of along roadways or by strategic dispersion either on site or off site (Adobe Associates, 2010). With the implementation of the protective measures listed in Section 2.0 1.9 and the mitigation measures listed in Section 5.0, impacts to land resources would be less than significant.

4.2.2 WATER RESOURCES Surface Water, Drainage, and Flooding Alternative B (Figure 2-2) has been designed to avoid the majority of wetlands, drainages and water resources located on the site. As in with the Proposed Project (Alternative A), a two small man-made isolated pits, an isolated seasonal wetland and isolated seasonal wetlands swale would could be filled or otherwise impacted. However, this pitthese features is are not considered a jurisdictional features pursuant to the CWA and filling them it in would not result in a significant impact. Discussion of the surface waters found on the site is included in the Biological Assessment (Appendix E) and a stream characterization discussing potential effects of surface water disposal (locations 1 and 2) is provided as Appendix L.

Alternative B would create approximately 21.426.80 acres of impervious servicessurfaces. As in the Proposed Project, increased impervious surfaces would result in increased peak flows and increased total discharge from the project site during wet weather events, which if not properly dealt with, has the potential to add increased stormwater flow to the area’s drainage systems and result in localized flooding. To reduce this impact, preparation of a drainage plan, including vegetated swales and the use of permeable surfaces combined with planned areas for reclamation of tertiary treated water, has been incorporated into the project design, as discussed in Section 2.1.9. The use of permeable surfaces in the project design would further minimize runoff and ensure that no significant impacts occur.

All of the proposed structures and facilities would be located outside of the Federal Emergency Management Agency (FEMA) 100-year floodplain; therefore, there would be no significant impacts due to flooding as a result of the Proposed Project.

Water Supply and Groundwater Because the number and size of residences and community buildings are equal to Alternative A, the projected water demands are equal to those summarized in Table 4-1. The projected ADD of this alternative Alternative B is 82,300 gpd or 57 gpm. Under this alternative, water would be supplied through the development of on-site groundwater wells. Analysis of the test well results shows that a production well could sustain a continuous pumping rate of 75 gpm and could meet peak pumping rates of 150 gpm (ECO:Logic, 2010b; Appendix C).

Analytical Environmental Services 4-28 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

The water supply system would consist of at least two groundwater production wells, a water treatment facility sized to treat the maximum day demand design flow (WTRF), a 400,000-gallon ground level storage tank with a booster pump station, and a backup power generator. This tank size would provide 300,000 gallons for fire flow storage and an additional 100,000 gallons for operational storage. Detailed descriptions of these facilities are provided in Section 2.4.2 of Appendix B. Both wells and associated facilities would be located in the northwestern portion of the project site as shown in Figure 2-2 (ECO:Logic, 2009a2010a).

As discussed in Section 4.1.2, the results from the DWR groundwater monitoring show that the basin has the overall capacity to accommodate the water demand generated by the proposed development. However, groundwater exploitation has the possible impact of lowering the water table. During the December 2008 well testing, two additional wells were used to monitor the impact of the test on wells in the vicinity. Analysis of the results from these monitoring wells shows that after continuously pumping a hypothetical production well for one year at a rate of 57 gpm, interference drawdown at the nearest existing well (located approximately 700 feet to the east) would be approximately 8.5 feet. This was calculated assuming that the existing well derives groundwater from the same strata as the test well, that there are no hydrologic boundaries present that would isolate the existing well from the test well site, and that there is no recharge to the aquifer. At a distance of approximately 2,000 feet, drawdown was calculated to be approximately three feet. Assuming an aquifer thickness of 300 feet, the calculated drawdown represents only one to three percent of available drawdown. Estimated overall impacts to the aquifer as a result of Alternative B would not be significant (ECO:Logic, 2009a2010a; 2009b2010b), and impacts to neighboring wells would not occur.

Wastewater Treatment and Disposal As summarized in Table 4-2, estimated wastewater flows and loads from Alternative B are equal to the Proposed Project. The wastewater will be conveyed to an onsite wastewater treatment and reclamation facility (WTRF) in either the northwest or southeast corner of the project site, where under the first option for Alternative B it will go through treatment before being discharged into either (location 1) an onsite drainage ditch along Windsor River Road that terminates at an abandoned quarry in the northwest corner of the project site or (location 2) an onsite unnamed stream tributary of to Windsor Creek (thence Russian River) which runs along the southeastern border of the project site (Figure 2-2). During the periods when surface water discharge is prohibited, the treated wastewater would be used for irrigation throughout the site.

Under both discharge locations/discharge options, the approximately one to 2.5-acre WTRF would include: flow measurement, influent pumping, fine screening, equalization and emergency storage, secondary and tertiary treatment with membrane bioreactors (MBRs), UV disinfection, effluent pumping, onsite stormwater detention, solids handling facilities, and effluent disposal facilities. Detailed descriptions of these facilities are included in Appendix B. The onsite

Analytical Environmental Services 4-29 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

storage facility would be designed to hold a minimal amount of reclaimed water during irrigation season to achieve sufficient supply of reclaimed water.

As discussed in Section 3.2.4, no waters are allowed to be discharged into the Russian River or its tributaries between May 15 and September 30 or periods when the waste discharge flow is greater than one percent of the receiving stream’s flow. Based on the monthly means shown in Table 3-4, the WTRF under the first option for Alternative B would be permitted to discharge between November and May 14. The flows in October have, on average, been too low to allow for discharge by the WTRF. The discharge of treated effluent from the WTRF would be treated to tertiary standards under Chapter 3, Division 4, Title 22, California Code of Regulations (CCR), Section 60304, et seq. (Title 22) and would not significantly impact the flows of the Russian River or its tributaries.

Under Alternative B, effluent would be stored seasonally (under the first option) or year-round (under the second option). The 100-year rainfall design conditions for effluent storage are shown in Table 4-12 below. The first option will utilize winter surface water disposal of treated wastewater, with summer storage in a closed tank or in a detention basin in the north end of the project site, north of Windsor River Road (Figure 2-2). The second option would utilize this open-topped, earthen basin designed to hold effluent and 100-year event precipitation, estimated to be 23.49 million gallons (Mgal) (Table 4-12). Synthesized 100-year rainfall data was used to estimate the maximum effluent and rainfall collected in storage basins, based on basin area. As discussed in Section 2.2.3, this accounts for the worst-case scenario. The irrigation land requirement is estimated to be 11.75 and 42.1 acres for the first and second options under Alternative B, respectively. Areas proposed for irrigation include landscaped areas such as parks, yards, and residential and communal structure landscaping. Additional irrigation areas include approximately 14 acres within the two parcels north of Windsor River Road (Figure 2-2). APN 066-050-040 has an existing spray field system in place, which will be expanded on under the second option under Alternative B (Section 3.9.1). During years of average rainfall, the amount of land required for irrigation would be much lower (Table 4-12).

Surface Water Quality Under this alternative, the WTRF would be located in either the northwestern (location 1) or southeastern (location 2) portion of the site (Figure 2-2). The WTRF would produce disinfected tertiary recycled water, which is allowed under Title 22 regulations to irrigate residential landscapes and parks. The proposed state-of-the-art WTRF would use a three-step process that includes physical screening, MBR processing, and ultraviolet disinfection (Section 2.2.3). MBR combines the biological and membrane filtration steps, in which organic and inorganic contaminants and nutrients present in the sewer water will be removed using microorganisms. The effluent is then filtered through the membrane filtration units. Effluent from the MBR would be exposed to UV light to inactivate pathogenic microbes including viruses. The exact

Analytical Environmental Services 4-30 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

mineralogical and chemical composition of the effluent is not yet known and would depend primarily on the mineral and chemical makeup of the potable water supply and the mineral and chemical use practices of future residents (ECO:Logic, 2009a2010a).

TABLE 4-12 (NEW TABLE) EFFLUENT STORAGE AND IRRIGATION ESTIMATES Alternative Parameter B (Option 1) B (Option 2) C Annual Effluent Flowrate (with infiltration and inflow), gpd 80,000 80,000 31,300 Annual Effluent Flowrate (without infiltration and inflow), gpd 64,000 64,000 25,000 Yearly effluent generation (Mgal) 29.21 29.21 11.4 100-Year Precipitation 2 Storage Need (Mgal) 1.011 23.491 10.271 Irrigation Need (acres) 11.75 42.1 17.6 Normal Year Precipitation Storage Need (Mgal) 0.76 13.61 6.23 Irrigation Need (acres) 11 25.9 10.4 Open-topped Open-topped Proposed Storage type Closed tank basin basin Notes: 1 80% of basin surface area was utilized to estimate water loss due to evaporation. 2 Synthesized 100-year rainfall data was used to estimate the maximum effluent and rainfall collected in storage basins, based on basin area. Source: ECO:Logic, 2010a (Appendix B)

Effluent from the WTRF would be totally completely safe for landscape irrigation, other non- potable uses, and accidental exposures, in compliance with Title 22 regulations. Under Alternative B, WTRF effluent would be utilized for irrigating common areas, front yards, parks, and playgrounds. Effluent not used for irrigation in winter would be discharged to either of the onsite drainages mentioned above, depending on the final location of the WTRF. A stream characterization report that analyzes the two surface water disposal locations is attached as Appendix L.

A NPDES permit would be obtained prior to any discharge of tertiary treated effluent into a tributary of the Russian River, as described in Section 5.02. As conditions of this permit, effluent would be monitored for various chemical and physical constituents prior to discharge, including ammonia, biological oxygen demand, nitrate, total dissolved and suspended solids, pH, dissolved oxygen, total coliform bacteria, oil and grease, and whole effluent toxicity (ECO:Logic, 2009a2010a). The Tribe would fully comply with the terms and conditions of the NPDES permit; therefore, the water quality impacts to the Russian River and its tributaries would be less than significant.

Groundwater Quality During the summer, treated effluent would be used for landscape irrigation, which could increase the concentrations of nitrogen and salinity in the localized groundwater, if the irrigation water is not properly treated and applied.

Analytical Environmental Services 4-31 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

The proposed WTRF includes a nitrogen-reduction process that would reduce the average nitrogen concentration in its effluent to less than than 10 milligrams per liter (mg/l). Under this alternativethe first option for Alternative B, up to 23 11.6 million gallons (Mgal) of effluent would be applied annually to 30 11 acres of land on the project site under normal rainfall conditions. Under the second option for Alternative B, up to 27.3 Mgal would be applied annually to 25.9 acres of land on the project site under normal rainfall conditions. This would result in a nitrogen application rate not exceeding 8865 pounds per acre per year (lbs/ac/year), which is 200 to 300 lbs/acre/year less than the typical nitrogen fertilization rate for turf grass. Degradation of groundwater from nitrogen would not result from the use of effluent to irrigate the project site (ECO:Logic, 2009a2010a).

The preliminary estimate of salinity of the reclaimed water from the WTRF (as applied to the land) is approximately 550 468 mg/L total dissolved solids (TDS). This estimation takes into account the salinity of the source water, the estimated added salinity from the consumptive use of the water, and the estimated added salinity from the treatment and storage of the water. The expected overall average percolate salinity under the first option for Alternative B is 308 mg/L and 475 under the second option for Alternative B (Appendix B). Although no total maximum daily loads (TMDLs) have been set by the North Coast Regional Water Quality Control Board (NCRWQCB) or the USEPA with regard to TDS for the Santa Rosa Plain groundwater sub-basin (NCRWQCB, 2007), degradation of groundwater from increased salinity could result from the use of effluent to irrigate the project site. The project design protective measures in Section 2.1.9 and recommended mitigation measures in Section 5.0 2 would reduce this potential impact to a less-than-significant level.

Concentrations of arsenic (0.058 mg/L) and manganese (0.015 mg/L) in water from the on-site test well do not meet California or Federal drinking water standards. The water treatment plantWTRF ,(also described in Section 2.4.2 of Appendix B), would treat these two constituents such that there would be no public health impact associated with consumption of this groundwater.

4.2.3 AIR QUALITY

Under Alternative B, the significance criteria and methodology used to analyze impacts to air quality are the same as those used for Alternative A. Project components of Alternative B that would result in emissions of CAPs and greenhouse gases would be same as Alternative A (Table 4-6). Both construction and operational emissions under Alternative A are considerably less than de minimis levels; these emissions would be similar under the construction and operation of Alternative B. Therefore, impacts to air quality under Alternative B would be less than significant.

Analytical Environmental Services 4-32 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Alternative B includes a wastewater treatment and reclamation facility, which has the potential to emit odors. The wastewater treatment facility would incorporate an active odor control system, consisting of a packaged biofilter with an active carbon absorption unit, as described in Section 2.02.6. In general, the odor control system will vacuum air off the headworks and blow it through the biofilter and carbon absorption unit before exhausting the treated air (refer to Wastewater Feasibility Study provided asECO:Logic, 2010a: Appendix B). The result of the active odor control system would be the minimal release of odors; therefore, a less than significant impact would occur due to odor.

Alternative B has the potential to emit GHGs during construction and operation. Construction and operational emissions are similar to Alternative A GHG emissions, as shown in Table 4-5. Thus, as with Alternative A, a potentially significant impact would result for Alternative B. Mitigation measures to reduce GHG emissions are provided Section 5.3, which would reduce project-related GHG emissions below 1,100 MT per year, resulting in a less-than-significant impact to climate change.

4.2.4 BIOLOGICAL RESOURCES

Under Alternative B, the significance criteria and methodology used to analyze impacts to biological resources are the same as those utilized for Alternative A.

Anticipated Impacts to Biological Resources Impacts to biological resources under Alternative B would be similar to those described for the Proposed Project, Alternative A. However, under Alternative B, treated effluent from the onsite wastewater treatment facilityWTRF (in locations 1 or 2) would be used for irrigation during the summer and discharged during the winter pursuant to a NPDES permit that would be issued by the USEPA. The Tribe would fully comply with the terms and conditions of the permit.

Treated effluent would either be discharged into an onsite drainage that flows into the roadside drainage ditch along Windsor River Road (location 1) or into an unnamed tributary located along the eastern boundary of the project site (location 2), which flows into Windsor Creek south of the project site.

Waters of the U.S. Alternative B has the potential to result in direct and/or indirect impacts to the potentially jurisdictional waters of the U.S. within the project site. Potential impacts are the same as those described for Alternative A in Section 4.1.4. To the maximum extent feasible, Alternative B has been designed to eliminate direct impacts to waters of the U.S. by situating lots and structures away from wetland features and providing wetland setbacks (Table 4-7). As with the Proposed

Analytical Environmental Services 4-33 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Project (Alternative A), two small man-made isolated pits, an isolated seasonal wetland and isolated seasonal wetlands swale could be filled or otherwise impacted. However, these features are not considered jurisdictional features pursuant to the CWA and filling them would not result in a significant impact. Discussion of the surface waters found on the site is included in the Biological Assessment (Appendix E) and a stream characterization discussing potential effects of surface water disposal (locations 1 and 2) is provided as Appendix L. Upon implementation of the recommended mitigation measures described in Section 5.4, potential impacts to waters of the U.S., including the sensitive mixed riparian habitat, would be reduced to less-than-significant levels.

Surface Water Disposal The habitat quality observed in the unnamed tributary to Windsor Creek (proposed WTRF and disposal location 2; Figure 2-2) is minimally suitable for a suite of regionally occurring common and sensitive freshwater species typically found within the Russian River hydrologic unit (AES, 2009b2010b;) (Appendix EL). Many of the streams tributary to and associated with the lower Russian River have the potential to support special status species such as steelhead trout, Chinook salmon, and Coho salmon. As shown in Figure 5 4 of Appendix EL, the documented natural limit to anadromy is just above the Trenton Healdsburg Bridge crossing on Mark West Creek, far downstream of the potential discharge point and near the Town of Windsor’s existing wastewater effluent discharge point. Migratory fish species have no potential to occur on or within the vicinity of project site and any fish in the lower reaches of Mark West Creek would not be significantly impacted by treated effluent from the project site. The unnamed stream was dominated by fine sediments and contained no large substrates. It supported no diversity in flow regime habitat as the gradient was below 1one % percent and the reach was saturated by both fine and course particulate organic decomposing matter. This has created a very anoxic and narrow niche for macroinvertebrates, leading to low species richness. Very few invertebrates other than mosquito larvae were observed during the survey. Species richness is an indicator of relative stream health and niche availability, and can be the basis for a multitude of biological assumptions and hypotheses. Overall, the biological suitability for this stream unnamed tributary to Windsor Creek is lacking. Additionally, there are potential water quality impacts to the unnamed tributary from the residential development to the north. Stormwater from the residential development is assumed to flow into the unnamed tributary through the culverts. A tertiary treated effluent wastewater discharge could potentially benefit the water quality in this stream (AES, 2009bAppendix L).

The unnamed drainage channel that extends from the northwest corner of the property proposed WTRF and disposal location 1; Figure 2-2) to the abandoned quarry is best characterized as a roadside ditch. Although this channel initiates flow from two ephemeral drainages and supports a dominant gravel substrate base, it does not contain the habitat suitability, surficial connection, vegetative cover, or flow duration that would support a significant number of commonly

Analytical Environmental Services 4-34 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

occurring local aquatic species. It receives flashy roadside runoff during rain events that may contribute petroleum based pollutants due to this influence. No aquatic species were observed during the survey. Potential impacts from a tertiary treated effluent wastewater discharge would be negligible in this drainage channel (AES, 2009bAppendix L).

Native Trees As indicated in Table 4-68, the first option under Alternative B would result in impacts to 2,009 approximately 1,717 native trees exceeding nine inches DBH. The second option under Alternative B would result in impacts to approximately 1,701 native trees. As with Alternative A, the majority of valley oaks identified within the VOH Combining District would be preserved with project design (Section 4.1.4). Mitigation measures described in Section 5.4.2 would ensure potential impacts are less than significant.

Habitats It As with Alternative A, construction of Alternative B would could also result in potentially significant impacts to special-status plants or their annual grassland, mixed oak woodland, oak savannah and pasture habitats on-site during to ground disturbance during construction., and nesting migratory birds. Potential direct impacts from ground disturbance to habitats within the project site from construction of Alternative B are shown in Table 4-13. As described in Section 2.2.3, approximately 11.75 and 42.1 acres of land would be required for irrigation of treated wastewater under the 100-year precipitation event (worst case scenario) under the first and second options for Alternative B, respectively. During years of average rainfall, the amount of land required for irrigation would be much lower (Table 4-12). Areas proposed for irrigation include landscaped areas such as parks, yards, and residential and communal structure landscaping. Additional irrigation areas include approximately 14 acres within the two parcels north of Windsor River Road (Figure 2-2). The irrigation of landscaped areas would have no impact on habitats. However, irrigation of the currently unirrigated pasture north of Windsor River Road could cause a shift in the species composition of this area. Irrigation could lead to higher concentrations of non-native species within irrigated areas, which could be a benefit to some species and a detriment to others. Since no special status species are known to occur on the project site, and the habitats within the project site are common throughout the region, irrigation of this area would not constitute a significant impact.

Special-Status Species and Migratory Birds Potential impacts to special-status plants, non-federal special-status species and nesting migratory birds are similar as those described for Alternative A in Section 4.1.4. Implementation of all the protective measures listed in Section 2.0 2.6 and the recommended mitigation measures in Section 5.0 4 would reduce significant these impacts to all of the potentially affected biological resources within the project site to less-than-significant levels.

Analytical Environmental Services 4-35 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-13 (NEW TABLE) ANTICIPATED IMPACTS TO HABITAT TYPES - ALTERNATIVE B Alt B1 - Alt B2 - Total Acres Within Percent Percent Habitat Type Acreage Acreage Project Site affected affected Affected Affected Terrestrial Habitats Annual Grassland 5.48 1.88 34.31 1.88 34.31 Mixed Oak Woodland 53.59 17.51 32.67 17.04 31.79 Oak Savannah 8.21 3.94 48.00 5.11 62.24 Mixed Riparian 1.56 0.01 0.64 0 0 Pasture 36.78 13.75 37.38 13.75 37.38 Ruderal/Developed 16.99 5.47 32.19 4.81 28.31 Aquatic Habitats Ephemeral Drainage 0.379 0.0155 4.09 0.0155 4.09 Isolated Pit 0.022 0.00831 37.77 0.00831 37.77 Seasonal Wetland 0.624 0.0159 2.55 0.0159 2.55 Seasonal Wetland Swale 0.273 0.05 18.32 0 0 Stock Pond 0.266 0 0 0 0 Perennial Drainage 0.034 0 0 0 0 TOTAL 124.12 42.68 34.39% 42.66 34.37% Alt B1 – First option under Alternative B Alt B2 – Second option under Alternative B Source: AES, 2010a (Appendix E).

4.2.5 CULTURAL RESOURCES

Alternative B would be similar to the Proposed Project. However, associated water and wastewater facilities (WTRF) would be constructed. Because there are no known cultural resources on site, the only potential impacts would be to unknown archaeological and paleontological resources which may be unearthed during the construction process. Mitigation recommended in Section 5.0 5 would apply to Alternative B, to reduce these potential impacts to a less-than-significant level.

4.2.6 SOCIOECONOMIC CONDITIONS/ ENVIRONMENTAL JUSTICE

Alternative B is similar to the Proposed Project with the exception of the on-site WTRF. Under this alternative the socio-economic benefits to the Tribe would be equal, when compared with the to those of the Proposed Project. Overall theThe Tribe would benefit from taking the 124.12 acres of land into trust and the construction of 147 residences and associated facilities. Sonoma County would lose minor approximately $168,777.22 of its tax roll revenue from property taxes for the 2009-2010 fiscal year after the site project site is taken into federal trust (as described for the Proposed Project in Section 4.1.6). This loss of revenue would beis a small fraction percentage (0.02 percent) of total County tax revenues, would not lead to any adverse physical effects, and therefore would not be significant under NEPA.

Analytical Environmental Services 4-36 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Environmental Justice The impacts to low-income and minority populations for Alternative B are the same as for the Proposed Project. No adverse health or environmental impacts to low-income and minority populations would occur as a result of Alternative B. Low income and minority populations would not be disproportionately adversely affected and there would be no effect with regards to environmental justice for adjacent and close-proximity residents. Alternative B would not create any adverse impacts with regard to environmental justice.

4.2.7 TRANSPORTATION AND CIRCULATION Trip Generation and Distribution The a.m. and p.m. peak-hour trip generation for Alternative B was estimated using factors from the ITE Trip Generation manual (ITE, 2008). The trip generation figures are summarized in Table 4-1014. As shown, this alternative will generate an estimated total of 110 trips in the a.m. peak hour (28 inbound and 82 outbound) and 148 trips in the p.m. peak hour (94 inbound and 54 outbound). Project-related trips were assigned to the local roadway network as described in Appendix G.

TABLE 4-1014 ALTERNATIVE B TRIP GENERATION ESTIMATE AM Peak-Hour Trips PM Peak-Hour Trips Land Use Size In Out Total In Out Total Single Family 147 Units 28 82 110 94 54 148 Residential NET TOTAL 28 82 110 94 54 148 Source: Abrams Associates, 201009

Significance Criteria The significance criteria would be the same as described under the Proposed Project, described Section 4.1.7.

Background Plus Project Intersection Levels of Service The a.m. and p.m. peak-hour traffic volumes generated by Alternative B are the same as those expected under the Proposed Project. It is assumed that, as under the Proposed Project scenario, all intersections would continue to operate at acceptable LOS D (Table 4-810) with the exception of the Windsor River RoadOld Redwood Highway/NB US 101 Off-ramp-Lakeview Road intersection, which is defined as an exception under Town of Windsor General Plan 2015. Therefore, this impact would be less than significant.

Analytical Environmental Services 4-37 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Bicycle, Pedestrian, and Transit Networks

Alternative B would not generate substantial increases in bicycling activity, pedestrian activity, or transit riders. Impacts in these areas would be less than significant. Alternative B would not affect any planned pedestrian or bicycling networks.

Construction Traffic

Traffic impacts resulting during the construction of the Alternative B would be temporary in nature. These construction trips are not anticipated to occur during peak hour and they are anticipated to be less in number than those trips anticipated after construction has completed (Table 4-9). Construction worker arrival would peak between 6:30 AM and 7:30 AM, and departure would peak between 4:00 PM and 5:00 PM. The AM peak is prior to the area wide commute peak of 7:30 AM to 8:30 AM. In the evening, there would be a period of overlap in the employee commute peak and the area wide commute peak of 4:30 PM to 5:30 PM.

The delivery and removal of heavy equipment to the site would happen only a few times during the construction duration, as large construction vehicles would stay on-site during the grading phase of construction. When transport of these vehicles occurs, all trucks would comply with applicable Department of Transportation load limits to reduce potential road degradation.

Therefore, due to the temporary nature of construction traffic, the limited number of trips expected, and the timing of these trips, Alternative B construction trips on study intersections or roadways would result in a less than significant traffic impact.

4.2.8 LAND USE

Development of Alternative B would include 147 residences, community buildings, and associated water and wastewater facilities. Remaining land would be preserved as open space. The development would be compatible with surrounding land uses in that there are residential, agricultural, and commercial uses near the project site. As similar, existing uses occur in the vicinity, effects to land use from this alternative would be less than significant.

Coastal Zone The project site is located outside of the Coastal Zone. Similar to the Proposed Project, there are no activities that would affect coastal resources.

Agriculture

Implementation of Alternative B would not result in any significant agricultural resource impacts, similar toas described for the Proposed Project (Alternative A).

Analytical Environmental Services 4-38 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.2.9 PUBLIC SERVICES Water Supply Under Alternative B the project site would obtain water through the development of onsite groundwater sources. This option would have no impact on municipal water supplies. The water demands and potential effects to other groundwater wells are discussed in Section 4.2.2.

Wastewater Service Under this the first option for Alternative B, wastewater would be treated onsite at the proposed treatment plant and discharged to (location 1) a drainage ditch along Windsor River Road that terminates at an abandoned quarry or (location 2) an unnamed tributary of Windsor Creek which runs along the eastern border of the project site (see Figure 2-2). During the periods when surface water discharge is prohibited, the water would be used for irrigation throughout the site (Section 4.2.2). Because an NPDES permit would be obtained prior to any discharge of tertiary treated effluent into a tributary of the Russian River, and because the Tribe would fully comply with the terms and conditions of the permit, the impacts to the Russian River and its tributaries would be less than significant. The construction and operation of the onsite WRFWTRF would not impact existing municipal treatment facilities.

Solid Waste Construction waste would be generated and would consist of the same materials described previously under the Proposed Project. This impact would be temporary and less than significant. Solid waste and recycling from the residences on the project site would be collected by Windsor Refuse and Recycling, or another similar company. Generation rates are essentially equal to those of the Proposed Project; impacts to solid waste would be less than significant.

Electricity, Natural Gas, and Telecommunications Electrical, natural gas, and telephone services are the same as those described for the Proposed Project. The Tribe will coordinate with PG&E and AT&T regarding the extension of services to the project site. The project would use propane rather than natural gas, which would be contracted directly from local supply companies in the area. No adverse utility service impacts would occur under Alternative B.

Law Enforcement Under Public Law 280, the State of California and other local law enforcement agencies have criminal enforcement authority on Tribal lands. The Sonoma County Sheriff’s Department Office would provide law enforcement services to the project site. Calls for service would not be disproportionate to other residential or commercial development in the County. No significant impacts to law enforcement services would occur from implementation of Alternative B.

Analytical Environmental Services 4-39 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Fire Protection and Emergency Medical Services The increased risk of fire during the construction of the proposed facilities would be similar to that found at other construction sites. Because the project site is in an area classified as a High Wildland Fire Zone, construction-related impacts would be potentially significant. With the implementation of the protective measures listed in Section 2.0 1.9 and the mitigation measures listed in Section 5.09, impacts to fire protection and emergency medical services would be less than significant.

CDesign standards equivalent to current building and fire codes will be adhered to in relation to fire safety. The additional demand for fire protection and emergency medical services under Alternative B would be similar to that of the Proposed Project. Due to the existing agreements and availability of emergency medical services, the impact to emergency services would be less than significant.

Public Schools As described in Section 4.1.9, Sonoma County has set forth policies that would accommodate for the minor increase in students within the HPA. No significant impacts to public schools would occur.

Parks and Recreation Alternative B would include recreation areas, parks and multi-use trails for use by Tribal members. No adverse impacts would occur to local parks or recreational facilities.

4.2.10 NOISE

With the implementation of Alternative B, construction activity noise (which is considered intermittent and temporary in nature) would be similar to Alternative A. Although construction noise impacts from Alternative A would be less than significant, implementation of the protective measures presented in Section 2.1.90 would reduce noise impacts by the maximum extent feasible. These same mitigation measures would be applied to Alternative B, ensuring a less- than-significant impact due to construction noise.

The primary source of operational noise generated by Alternative B would be traffic on Windsor River Road and project roadways, as well as occasional and intermittent noise from the proposed WRFWTRF. Vehicle trips generated during the peak AM and PM hours would be the same as those described under Alternative A (maximum of 148 vehicle trips per peak hour). The existing noise environment is approximately 55 decibels (dB). The WRFWTRF operational noise would not be noticeable at any on-site or off-site residences unless operational pumps and generators were not enclosed or shielded. Similar to Alternative A, Alternative B would generate less than a 3 dBA increase in noise, thus impacts to the ambient noise environment would be less than

Analytical Environmental Services 4-40 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

significant with the possible exception of intermittent impacts to sensitive receptors located near the WTRF should it have unshielded pumps or generators. Thus, a potentially significant impact could result. Implementation of the protective measures presented in Section 2.0 .1.9 and mitigation measures in Section 5.10 would further reduce noise impacts to offsite residents in the vicinity of the project siteensure impacts are less than significant.

4.2.11 HAZARDOUS MATERIALS

As discussed in Section 4.1.11, there are no identified hazardous materials on site or within a distance that would affect Alternative B. During construction of any development it is possible that hazardous materials, such as gasoline, diesel fuel, and hydraulic fluid, would be brought on site in temporary aboveground storage tanks. Additionally, the proposed WRFWTRF may use hazardous materials such as sodium hypochlorite and citric acid. The use and storage of hazardous materials is considered potentially significant. Mitigation measures are listed in Section 5.011; implementation of these measures would ensure a less-than-significant impact under Alternative B.

4.2.12 VISUAL RESOURCES

Alternative B would result in the construction of a residential development and community facilities and amenities similar to Alternative A, with the addition of on-site water and wastewater treatment facilities. Development of all facilities on the project site would generally be completed in conformance with Sonoma County’s Rural Design Guidelines, and would complement existing rural residential development in the project area. As described in the analysis of Alternative A (Section 4.1.12), the project would leave natural areas along Windsor River Road in order to provide a transition to the nearby rural and agricultural uses. Topography of the site and oak woodland vegetation would also limit views of the property from the surrounding sensitive visual receptors and travelers on local roadways. The proposed locations for the WTRF are shielded from public view by existing trees and topography, and would be located away from existing residences. Nonetheless, Alternative B would include additional trees, shrubs, and vegetation to further screen views of the proposed wastewater facilities. Lighting from public areas would be the minimum required for safety and security, and would consist of shielded, downcast lights on poles not more than 18 feet high. As with Alternative A, visual impacts would be less than significant.

Analytical Environmental Services 4-41 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.3 ALTERNATIVE C - REDUCED INTENSITY WITH ONSITE WATER AND WASTEWATER

4.3.1 LAND RESOURCES

Environmental consequences under the Reduced-Intensity Alternative would be less than those described for Alternatives A and B. This includes impacts with regard to soils. As discussed in Section 2.3, this Alternative would require approximately 6,000 cy of cut material and will utilize this amount for no net cy of surplus soil (Adobe Associates, 2010: Appendix A)result in 1,700 cy of surplus soil which would be either used onsite or deposited offsite at an approved location. As with Alternatives A and B, Alternative C would not result in significant impacts related to topography. With the implementation of the protective measures listed in Section 2.0 1.9 and the mitigation measures listed in Section 5.01, impacts to land resources would be less than significant.

4.3.2 WATER RESOURCES Surface Water, Drainage, and Flooding Alternative C (Figure 2-3) has been designed to avoid the majority of wetlands, drainages and water resources located on the site. One small, man-made isolated pit may be filled or otherwise impacted; however, this feature is not considered jurisdictional features pursuant to the CWA and filling it would not result in a significant impact (Section 3.4.4, AES, 2010d). No other existing surface waters would be disrupted due to Alternative C.

The Reduced-Intensity Alternative would result in fewer impervious surfaces than the Proposed Project or Alternative B, which would lessen the resulting runoff flow. Housing, community buildings, and roads would create approximately 18.117.74 acres of impervious surfaces. No significant impacts to surface water or drainage would occur. The protective measures and BMPs described in Section 2.0 3.6 would also be implemented for Alternative C.

As with the Proposed Project, the all project components would be located completely outside of the 100-year floodplain. Impacts related to flooding would be less than significant.

Water Supply and Groundwater The ADD for this alternative would be 31,700 gpd or 22 gpm. Under the Reduced-Intensity Alternative water would be supplied though the development of wells similar to those described in Section 4.2.2. Due to the reduced ADD, the impacts to the water basin and neighboring wells would be less than those described for Alternative B.

Analytical Environmental Services 4-42 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Wastewater Treatment and Disposal Estimated wastewater flows and loads for Alternative C are summarized in Table 4-2 and Table 4-12. The WRFWTRF for this alternative would be located in the southern portion of the project site (location 2) and have the same treatment components as described for Alternative B (see Figure 2-3). The WRFWTRF would implement the BMPs listed in Sections 2.0 2.6 and 2.3.6 to improve the quality of effluent being discharged. Depending on the time of year the effluent would either be used for irrigation throughout the site or pumped into a storage basin. Alternative C requires a 4.810.27 Mgal 100-year effluent storage basin and 11.717.6 acres of irrigation land to accommodate 100-year flood flows. The storage facility would be located adjacent to the WRFWTRF in the southeastern half of the project site and possible irrigation areas include landscaping areas for parks and facilities. This effluent disposal method would not be limited by soil types, depths, and slopes on the property.

Surface Water Quality No treated effluent would be discharged into surface waters under this alternative. This alternative would include preparation and implementation of a SWPPP and BMPs, including those listed in Section 2.0, to ensure that impacts to surface waters are minimized. Because no treated effluent would be discharged into surface waters, no NPDES permit would be required, and the impact to surface waters would be less than significant.

Groundwater Quality The WTRF would discharge reclaim effluent by using it for onsite irrigation during the summer months. As described in Section 4.2.2, the possible impacts to groundwater quality would be caused by increased nitrogen and salinity due to irrigating the property with treated effluent generated by Alternative C. Under Alternative C, approximately 10.9 Mgal of effluent would be applied annually to 10.4 acres of vegetated land on the project site during average years of rainfall. The expected overall average percolate salinity for Alternative C is 300 mg/L (Appendix B). Both tThe nitrogen and salinity reduction processes for the WTRF for the Reduced-Intensity Alternative would be the same as for Alternative B, therefore and degradation to groundwater from nitrogen and salinity would not occur. Implementation of the recommended mitigation measures in Section 5.0 2 would reduce significant impacts associated with increased salinity to less-than-significant levels.

4.3.3 AIR QUALITY

Under the Reduced-Intensity Alternative, the significance criteria and methodology used to analyze impacts to air quality would be the same as those used for Alternative A.

Analytical Environmental Services 4-43 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Anticipated Air Quality Impacts Construction Impacts Construction of the Reduced-Intensity Alternative would generate the CAPs described in Section 3.3.4. Construction emissions for Alternative C were modeled using URBEMIS 9.2.4, with the results presented in Table 4-11 15 and URBEMIS output files provided in Appendix D. The URBEMIS default construction equipment list was used, which is based on typical residential construction. Assumptions include a maximum disturbance of 2.4 acres per day for site grading, and other construction assumptions similar to those listed for Alternative A.

TABLE 4-1115 (REVISED) MITIGATED (UNMITIGATED) CONSTRUCTION EMISSIONS – ALTERNATIVE C REDUCED-INTENSITY ALTERNATIVE ROG NOx PM Construction Year 2.5 tons per year 2012 1.15 (1.18) 6.22 (7.29) 0.15 (2.04) 2013 1.42 (1.75) 5.56 (6.50) 0.05 (0.47) 2014 1.32 (1.65) 5.22 (6.11) 0.04 (0.42) 2015 1.03 (1.35) 4.09 (4.79) 0.03 (0.33) Maximum Emission 1.42 (1.75) 6.22 (7.29) 0.15 (2.04) De Minimis Level 100 100 100 Significant No No No Source: URBEMIS, 2007; AES, 2011

The generation of construction-related emissions is considered a short-term impact with a high nuisance potential, especially in regards to fugitive dust generation. The Reduced-Intensity Alternative has been designed with BMPs that will reduce the potential for short-term dust impacts, as per the description in Section 2.05.3. Short-term construction impacts would be less than significant even without the implementation of these measures; however, they are included to reduce impacts by the maximum amount feasible.

Operational Emissions Operational emissions would primarily be associated with residential motor vehicle use. Area source emissions associated with landscaping maintenance equipment, space heaters, and water heaters would contribute to operational emissions; these are included in Table 4-12 16 under Area Sources. Based on residential trip generation rates and defaults for trip length, average trip speeds, and vehicle fleet as presented in the URBEMIS 9.2.4 modeling program, operational emissions were estimated for a build-out year of 20132015. Table 4-12 16 summarizes the operational emissions, which would not exceed the federal de minimis levels. This impact would be less than significant, therefore no mitigation is warranted. URBEMIS output files are provided in Appendix D.

Analytical Environmental Services 4-44 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-1216 (REVISED) UNMITIGATED OPERATIONAL EMISSIONS – ALTERNATIVE C: REDUCED-INTENSITY ALTERNATIVE ROG NO PM Sources x 2.5 tons per year Area 0.68 0.13 0.00 Mobile 0.63 0.82 0.33 Total Emissions 1.31 0.95 0.33 De Minimis Levels 100 100 100 Significant No No No Source: URBEMIS, 2007; AES, 2011

Climate Change Methodology The methodology for Alternative C is the same as Alternative A.

Emission Estimates

Alternative C construction year 2014 would emit 829.40 MT per year of CO2e, which is the year with the greatest GHG emissions. Using the BAAQMD Guidelines threshold of 1,100 MT per year, GHG emissions from construction activities would be less-than-significant. Total construction emissions for Alternative C are estimated at 3,130.64 MT of CO2e.

Table 4-17 shows the estimated operational emissions and project-related reductions. Once construction is completed, the project would emit approximately 1,019.64 MT of CO2e from mobile and area sources. CH4 and N2O emissions from mobile sources were estimated using emission factors from the Local Government Operations Protocol, 2008 (LGOP) and converted to

CO2e. Indirect emissions, electricity use, water conveyance, and wastewater treatment were estimated at 88.48 MT of CO2e. Total annual emissions are estimated at 1,108.12 MT of CO2e.

Alternative C’s contribution to cumulative global climate change is greater than the BAAQMD CEQA threshold of 1,100 MT per year of GHG emissions; therefore, this is considered a potentially significant impact. Mitigation measures to reduce GHG emissions are provided Section 5.3, which would reduce project-related GHG emissions below 1,100 MT per year, resulting in a less-than-significant impact to climate change.

Mobile source CO2 equivalent emissions were estimated at 3,442 tpy for construction and 1,110 tpy for operations (see Appendix D). Area source emissions for operation were estimated using

Climate Action Registry emission factors; these emissions were estimated at 36 tpy of CO2 equivalent. The implementation of protective measures presented in Section 2.0 would reduce project emissions and result in a less-than-significant impact to climate change.

Analytical Environmental Services 4-45 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-17 (NEW TABLE) ALTERNATIVE C GHG EMISSIONS

CO2e Conversion GHG Alternative C GHGs Emissions Factor Emissions in (ST) (ST/MT) CO2e (MT) Direct1

Mobile CO2 948.08 0.91 862.75

Mobile CH4/N2O 11.49 0.91 10.46

Area CO2 160.91 0.91 146.43 Indirect2

Electricity Usage CO2 79.60

Electricity Usage CH4/N2O 0.70 3 Water Conveyance CO2e 3.47 3 Water Conveyance CH4/N2O 0.03 3 Wastewater Treatment CO2e 4.64 3 Wastewater Treatment CH4/N2O 0.04 Total Baseline Project-Related GHG Emissions 1,108.12

Notes: ST = short tons; MT = metric tons; CO2e = carbon dioxide equivalent 1 Project-related GHG emissions were estimated using protocols from the BAAQMD CEQA Guidelines. 2 GHG emissions estimated using URBEMIS air modeling program. 3 GHG emissions estimated using Local Government Operations Protocol, September, 2008 emission factors. Source: BAAQMD, 2010; AES, 2011

Odor Alternative C would incorporate a WRFWTRF similar to Alternative B. The odor control system outlined under Alternative B and included as a protective measure in Section 2.0 2.6 would be incorporated in the WRFWTRF under Alternative C; therefore, a less-than-significant impact would occur due to odor.

4.3.4 BIOLOGICAL RESOURCES

Under the Reduced-Intensity Alternative, the significance criteria and methodology used to analyze impacts to biological resources are the same as those utilized for Alternatives A and B. The project components of Alternative C are similar to Alternative B, although this Alternative contains fewer residential units and has a slightly different overall configuration.

Anticipated Impacts to Biological Resources Environmental consequences under Alternative C would be similar to those described for Alternative B, although Alternative C contains fewer residential units. As such, Alternative C would result in proportionally lessened, but still potentially significant impacts to the mixed oak woodland, oak savannah, mixed riparian, and aquatic habitats (Table 4-18). It would also result innot result in any potentially significant impacts to potential waters of the U.S., One small,

Analytical Environmental Services 4-46 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

man-made isolated pit may be filled or otherwise impacted; however, this feature is not considered jurisdictional features pursuant to the CWA and filling it would not result in a significant impact (Section 3.4.4, AES, 2010d). Approximately 1,564 364 native trees (as per Table 4-68) could be directly impacted by development of Alternative C,. Potential impacts from construction of Alternative C could occur to special-status plants and other species or their habitats, and nesting migratory birds. Implementation of all the protective measures listed in Section 2.0,1.9 as well as the recommended mitigation measures in Section 5.04, would reduce significant impacts to all of the potentially affected biological resources within the project site to less-than-significant levels.

TABLE 4-18 (NEW TABLE) ANTICIPATED IMPACTS TO HABITAT TYPES - ALTERNATIVE C Total Acres Within Acreage Percentage of Habitat Type Project Site Affected Habitat Affected Terrestrial Habitats Annual Grassland 5.48 0.89 16.24 Mixed Oak Woodland 53.59 12.10 22.57 Oak Savannah 8.21 4.94 60.17 Mixed Riparian 1.56 0 0 Pasture 36.78 6.33 17.21 Ruderal/Developed 16.99 2.37 13.95 Aquatic Habitats Ephemeral Drainage 0.379 0.0158 4.17 Isolated Pit 0.022 0.00690 31.36 Seasonal Wetland 0.624 0.00630 1.01 Seasonal Wetland Swale 0.273 0.00260 0.95 Stock Pond 0.266 0 0 Perennial Drainage 0.034 0 0 TOTAL 124.12 26.66 21.48% Source: AES, 2010a (Appendix E).

4.3.5 CULTURAL RESOURCES

Impacts to cultural resources would be the same as in Alternatives A and B. Since there are no known cultural resources on site, the only potential impacts are to unknown sites which may be unearthed during the construction process. Mitigation is recommended in Section 5.0 5 to reduce potential impacts to a less-than-significant level.

4.3.6 SOCIOECONOMIC CONDITIONS / ENVIRONMENTAL JUSTICE

The Reduced-Intensity Alternative is similar to Alternative B; however, it includes 92 fewer housing units. The Tribe would benefit from taking the 124.12 acres of land into trust and the construction of residences and associated facilities. Under this alternative the socio-economic benefits to the tribe would be reduced when compared with the Proposed Project and Alternative B, because there would be less housing available for Tribal members who wish to live in a cohesive community and promote Tribal unity. Overall, however, the Tribe would still benefit

Analytical Environmental Services 4-47 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

from the construction of 55 residences. The County would lose minor revenue from property taxes after the site is taken into trust (Section 4.1.6). This loss of revenue would not lead to any adverse physical effects, and therefore would not be significant under NEPA as per the discussion under Section 4.1.6.

Environmental Justice The impacts to low-income and minority populations from the Reduced-Intensity Alternative would be the same as for Alternative B. No adverse health or environmental impacts to low- income and minority populations would occur as a result of the Reduced-Intensity Alternative. Low income and minority populations will not be disproportionately adversely affected and there would be no effect with regards to environmental justice for adjacent and close-proximity residents. This alternative is not anticipated to create any adverse impacts with regard to environmental justice.

4.3.7 TRANSPORTATION AND CIRCULATION Trip Generation and Distribution The a.m. and p.m. peak-hour trip generation for Reduced-Intensity Alternative was estimated using factors from the Institute of Transportation Engineers (ITE) Trip Generation manual. The trip generation figures are summarized in Table 4-1319. As shown, this alternative would generate an estimated total of 41 trips in the a.m. peak hour (10 inbound and 31 outbound) and 56 trips in the p.m. peak hour (36 inbound and 20 outbound). Reduced-Intensity Alternative traffic would create a minimal addition to local traffic numbers and patterns.

TABLE 4-1319 REDUCED-INTENSITY ALTERNATIVE TRIP GENERATION ESTIMATE AM Peak-Hour Trips PM Peak-Hour Trips Land Use Size In Out Total In Out Total Single Family 55 10 31 41 36 20 56 Residential Units NET TOTAL 10 31 41 36 20 56 Source: Abrams Associates, 201009

The distribution of the trips associated with Reduced-Intensity Alternative is expected to be approximately the same as the distribution calculated for the Proposed Project (Appendix G).

Significance Criteria The significance criteria are the same as described under the Proposed Project (Section 4.1.7).

Background Plus Project Intersection Levels of Service The a.m. and p.m. peak-hour traffic volumes generated by this alternative would be less than those under the Proposed Project. It can be assumed that, as under the Proposed Project, all

Analytical Environmental Services 4-48 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

intersections would continue to operate at acceptable LOS D (Table 4-810) with the exception of the Windsor River RoadOld Redwood Highway/NB US 101 Off-ramp-Lakeview Road intersection, which is defined as an exception under Town of Windsor General Plan. This impact would therefore be less than significant, and no mitigation is warranted.

Bicycle, Pedestrian, and Transit Networks

The Reduced-Intensity Alternative would not generate substantial increases in bicycling activity, pedestrian activity, or transit riders. Impacts in these areas would be less than significant. The Reduced-Intensity Alternative would not affect any planned pedestrian or bicycling networks.

Construction Traffic

Traffic impacts resulting during the construction of the Alternative C would be temporary in nature. These construction trips are not anticipated to occur during peak hour and they are anticipated to be less in number than those trips anticipated after construction has completed (Table 4-9). Construction worker arrival would peak between 6:30 AM and 7:30 AM, and departure would peak between 4:00 PM and 5:00 PM. The AM peak is prior to the area wide commute peak of 7:30 AM to 8:30 AM. In the evening, there would be a period of overlap in the employee commute peak and the area wide commute peak of 4:30 PM to 5:30 PM.

The delivery and removal of heavy equipment to the site would happen only a few times during the construction duration, as large construction vehicles would stay on-site during the grading phase of construction. When transport of these vehicles occurs, all trucks would comply with applicable Department of Transportation load limits to reduce potential road degradation.

Therefore, due to the temporary nature of construction traffic, the limited number of trips expected, and the timing of these trips, Alternative C construction trips on study intersections or roadways would result in a less than significant traffic impact.

4.3.8 LAND USE

Development of the Reduced-Intensity Alternative would include 55 residences, community facilities, and associated water and wastewater facilities. Remaining land would be open space. The development would be compatible with surrounding land uses in that there are residential, agricultural, and commercial uses near the project site. As similar uses occur in the area, effects to land use would be less than significant.

Coastal Zone The project site is located outside of the Coastal Zone. Similar to the Proposed Project, there are no planned activities that would affect coastal resources.

Analytical Environmental Services 4-49 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Agriculture

Implementation of the Reduced-Intensity Alternative would not result in any significant agricultural resource impacts, similar to the Proposed Project.

4.3.9 PUBLIC SERVICES Water Supply The Reduced-Intensity Alternative would obtain water through the development of onsite groundwater wells. This option would have no impact on municipal water supplies. The proposed alternatives, demands, and potential effects to other groundwater wells are discussed in Section 4.2.2.

Wastewater Service Under this alternative, wastewater would be treated onsite at the proposed treatment plant and utilized for landscape irrigation during the dry season. The potential impacts to water quality are discussed in Section 4.2.2. The construction and operation of the onsite WRFWTRF would not impact the existing municipal treatment facilities.

Solid Waste Construction waste would consist of the same materials described previously under the Proposed Project; however, due to the reduced number of residences, less construction waste would be generated under Alternative C. This impact is considered temporary and less than significant. Solid waste and recycling from the residences on the project site would be collected by Windsor Refuse and Recycling, or another similar company.

Assuming a disposal rate of 2.53 lbs/person/day (USEPA, 2007c), and 55 residences with an average household size of 2.61 persons (U.S. Census Bureau, 2006), 363 lbs of solid waste per day would be generated. The amount of solid waste generated by the community buildings would be equal to the Proposed Project. Because most Tribal residents and potential employees already live within the County, and because the solid wastes generated by this development could be taken to any of four landfills used by Windsor Refuse and Recycling, the impact would be less than significant.

Electricity, Natural Gas, and Telecommunications Electrical, natural gas, and telephone services would be the same as those described for the Proposed Project. The Tribe would coordinate with PG&E and AT&T regarding the extension of services to the project site. The project would use propane, rather than natural gas, which it

Analytical Environmental Services 4-50 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

would contract directly from local supply companies in the area. No adverse utility service impacts would occur.

Law Enforcement Under Public Law 280, the State of California and other local law enforcement agencies have criminal enforcement authority on Tribal lands. The Sonoma County Sheriff’s Department Office would provide law enforcement services to the project site. Calls for service would not be disproportionate to other residential or commercial development in the County. No significant impacts to law enforcement services would occur.

Fire Protection and Emergency Medical Services The increased risk of fire during the construction of the proposed facilities would be similar to that found at other construction sites. Because the project site is in an area classified as a High Wildland Fire Zone, construction-related impacts would be potentially significant. With the implementation of the protective measures listed in Section 2.0 1.9 and the mitigation measures listed in Section 5.09, impacts to fire protection and emergency medical services would be reduced to less-than-significant levels.

Current Design standards equivalent to current building and fire codes will be adhered to in relation to fire safety. The additional demand for fire protection and emergency medical services would be similar to that of the Proposed Project. Due to the existing agreements and availability of emergency medical services, the impacts to these services would be less than significant.

Public Schools As described in Section 4.1.9, Sonoma County has set forth policies that would accommodate the minor increase in students within the HPA. No significant impacts to public schools would occur.

Parks and Recreation The Reduced-Intensity Alternative would include multi-use trails and a greater amount of recreational area than Alternatives A or B. No adverse impacts would occur to local parks or recreational facilities.

4.3.10 NOISE

Construction activity noise for the Reduced-Intensity Alternative would be reduced in duration and/or intensity compared with Alternative A. Construction noise is considered intermittent and temporary in nature; the inclusion of the mitigation presented in Section 5.10 would ensure that construction noise impacts from Alternative C would be less than significant.

Analytical Environmental Services 4-51 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

The primary source of area noise that would be generated by the Reduced-Intensity Alternative would be traffic on Windsor River Road, as well as occasional and intermittent noise from the proposed WRFWTRF. Vehicle trips generated during the peak AM and PM hours would be less than those described under Alternative A. The existing noise environment is approximately 55 dB. The WRFWTRF operational noise would not be noticeable at any on-site or off-site residences unless operational pumps and generators were not enclosed or shielded. Similar to Alternatives A and B, Alternative C would generate less than a three dBA increase in noise, thus impacts to the ambient noise environment would be less than significant with the possible exception of intermittent impacts to sensitive receptors located near the WTRF should it have unshielded pumps or generators. Thus, a potentially significant impact could result. Implementation of the protective measures presented in Section 2.1.9 and mitigation measures in Section 5.10 would ensure impacts are less than significant.. The Reduced-Intensity Alternative would generate less than a 3 dB change in noise. In addition, implementation of the protective measures presented in Section 2.0 would reduce noise impacts to offsite residents in the vicinity of the project site. Impacts to the noise environment would be less than significant.

4.3.11 HAZARDOUS MATERIALS

As discussed under the Proposed Project and Alternative B, there are no identified hazardous materials on or near the project site. During construction, it is possible that hazardous materials, such as gasoline, diesel fuel, and hydraulic fluid, would be brought on site in temporary aboveground storage tanks. Additionally, the proposed WRFWTRF may use hazardous materials such as sodium hypochlorite and citric acid. The use and storage of hazardous materials is considered potentially significant. Protective measures are listed in Section 2.0 2.6 to reduce potential impacts to a less-than-significant level.

4.3.12 VISUAL RESOURCES

Alternative C would result in the construction of a lower-density residential development compared with Alternatives A and B, and would include the same community center, retreat, roundhouse, water treatment and wastewater facilities. Development of the Reduced-Intensity Alternative would generally be completed in conformance with the County’s Rural Design Guidelines, and would complement existing rural residential development in the project area. Alternative C would include additional trees and shrubs to screen views of the wastewater facilities. Topography of the site and extensive existing vegetation also limits complete views of the property from the surrounding sensitive visual receptors and travelers on Eastside and Windsor River Roads. The development of Alternative C would not result in any significant impacts to visual resources.

Analytical Environmental Services 4-52 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.4 ALTERNATIVE D - NO-ACTION

4.4.1 LAND RESOURCES

Under the No-Action Alternative, the land would not be taken into trust and the proposed development would not occur. The site would remain as largely undeveloped woodland with a few scattered rural residences. Land resources would not be adversely impacted.

4.4.2 WATER RESOURCES

Under the No-Action Alternative, the proposed residential, commercial, and recreational uses would not be developed. No additional impervious surfaces would be created on the project site. No adverse impacts to water resources would occur under the No-Action Alternative.

4.4.3 AIR QUALITY

Under the No-Action Alternative the site would continue to be undeveloped land and none of the construction or operational air quality impacts identified for Alternatives A, B, or C would occur. The property could ultimately be developed, which would introduce a source of both direct (stationary source) and indirect (mobile source) emissions of pollutants of concern; however, because any development would be required to comply with the Sonoma County General Plan and would incorporate protective measures and BMPs for air quality, these impacts would likely be less than significant.

4.4.4 BIOLOGICAL RESOURCES

Under the No-Action Alternative D, no development would occur within the project site. As such, there would be no significant direct or indirect impacts to the biological resources within or in the vicinity of the project site.

4.4.5 CULTURAL RESOURCES

Under the No-Action Alternative the 92 124.12 acres would remain undeveloped. Therefore, there would be no adverse impacts to any unknown archaeological or paleontological resources on the site. 4.4.6 SOCIOECONOMIC CONDITIONS/ ENVIRONMENTAL JUSTICE

Under the No-Action Alternative, the 92124.12-acre site would not be placed in trust for the benefit of the Tribe and the associated housing, community center, roundhouse, retreat facility, and water and wastewater facilities would not be constructed. The Tribe would not receive any of the socioeconomic benefits associated with the Proposed Project. The seven fourteen parcels comprising the project site would remain on Sonoma County’s property tax rolls.

Analytical Environmental Services 4-53 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.4.7 TRANSPORTATION AND CIRCULATION

Under the No-Action Alternative, there would be no increase in vehicular traffic on project area roadways. None of the traffic impacts identified for the Proposed Project would occur under No- Action Alternative.

4.4.8 LAND USE

Under the No-Action Alternative, the project site would remain under the jurisdiction of Sonoma County. No land use consistency or compatibility impacts would occur under this alternative.

The project site would remain as woodland habitat under this alternative and no loss of agricultural resources or land use conflicts would occur.

4.4.9 PUBLIC SERVICES

The No-Action Alternative would not increase demands on public services. The occupied residence on the project site would continue to utilize the existing groundwater well and septic system. No new utility extensions would be required.

4.4.10 NOISE

Under the No-Action Alternative, the project site would remain undeveloped and largely open space with the exception of the existing houses. Any future development of the project site would be required to meet County design standards. With regard to noise, the project site would not be a source of transportation and/or non-transportation noise. No noise impacts would occur under the No-Action Alternative.

4.4.11 HAZARDOUS MATERIALS No hazardous material impacts would occur under the No-Action Alternative.

4.4.12 VISUAL RESOURCES

Under the No-Action Alternative, the project site would remain undeveloped open space with the exception of the existing six twelve residences. Any future development of the project site would be required to meet County design standards.

Analytical Environmental Services 4-54 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.5 CUMULATIVE EFFECTS

Potential cumulative impacts for each environmental issue area are discussed below. Cumulative impacts are defined in 40 CFR §1508.7 as the impacts:

… on the environment which result from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

Section 3.0 describes the existing conditions for the project site, documenting the current environmental conditions that are the result of past cumulative development. Any previous development within the project site would have occurred consistent with Sonoma County or Town of Windsor land use designations and general plans. As such, historical aerial photos dating back to 1952 indicate that the majority of the project site has undergone little changes in land use and development. Within the project site, individual residences and associated structures have been built on certain parcels. Minor oak woodland conversions primarily occurred on APN 066-191-017, when mixed oak woodland was converted to pasture sometime between 1998 and 2005. Consistent with County land use designations, agricultural operations have occurred on APNs 066-191-016, 066-191-019, 066-191-020, 066-191-021, 066-191-022 and 066-300-023, as evident from aerial photography between 1952 and now. Detailed descriptions of the existing conditions on each parcel are provided in Section 3.11.

Cumulative impacts are considered based on a defined geographical boundary and time frame. For the purposes of this analysis, most potential cumulative effects are considered for the Town of Windsor, located adjacent to the east of the project site, and for Sonoma County on a larger scale. Estimated time frame for cumulative analysis is through 2030, for which information was available based on local general and specific plans. In accordance with CEQ guidelines “Considering Cumulative Effects” and guidance for cumulative analysis under the BIA’s NEPA Handbook (59 IAM 3-H), not all potential cumulative effects are analyzed in this EA; only those considered to be relevant or consequential are discussed in depth below.

The current and reasonably foreseeable future projects in the vicinity of the Proposed Project which have been considered for the cumulative impact analysis include: the Town of Windsor’s Eastside Road Storage Project, development of a retail tractor store (Tractor Supply Company), and the development of a senior citizen community complex (Town of Windsor, 2005).

Analytical Environmental Services 4-55 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Eastside Road Storage Project (Town of Windsor) The proposed Eastside Road Storage Project would include an 18-acre storage pond located near the intersection of Eastside Road and Mark West Station Road approximately 3.5 miles south of the Proposed Project. The storage pond would be used in conjunction with an onsite pump station and pipeline to connect to the existing Town of Windsor recycled water distribution system. A Draft Supplemental Environmental Impact Report (SEIR) was prepared for the Town of Windsor to assess the impacts of the storage facility. The Draft SEIR was released for public and agency review for a 45-day comment period from May 22 to July 7, 2008 (CH2M Hill, 2008a). A Final SEIR including responses to comments was published in October 2008 (CH2M Hill, 2008b). The project was approved by the Town of Windsor in October of 2008. Construction of the storage project may begin in approximately five years, with a completion date unknown at this time.

Tractor Supply Store and Community Complex The development sites for the retail tractor store and senior citizen complex are located approximately three miles southeast of the Proposed Project. The tractor supply store will be located at 1000 American Way. According the Town of Windsor Planning Department, the development of the retail tractor store and senior citizen complex have been preliminarily approved by the Town of Windsor; . The Town of Windsor passed Resolution 564-09 granting a Use Permit request for the tractor supply store in March, 2009; however, no record could be found regarding building permits have been issued for these two developmentsfor the senior citizen complex (Thompson, 2009). The tractor supply store development was determined to be Categorically Exempt from CEQA. The proposed 3.03 acre development consisted of an approximately 23,000 square foot building with another 19,800 +/- square feet of storage (Town of Windsor, 2009). Currently, no other details or documentation on these projects are available.

No known additional projects are currently planned in the vicinity of the Proposed Project.

4.5.1 LAND RESOURCES

Potential project impacts to land resources (topography, soils, seismicity, and mineral resources) are related to measures required to ensure proper design for site conditions. Minimal changes in topography would occur, as cut and fill volumes would largely be utilized on-site. Reasonably foreseeable development projects could result in alterations to land resources to accommodate development in urban areas or areas designated under the Town of Windsor or Sonoma County General Plans. Future developments would be required to be in compliance with local and state building codes and ordinances to ensure buildings are constructed to appropriate seismic standards. Potential cumulative impacts to mineral resources would be less than significant. No potential cumulative impacts would be relevant to this issue area.

Analytical Environmental Services 4-56 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.5.2 WATER RESOURCES

The cumulative water resources analysis includes the Russian River watershed, including its receiving waters, San Pablo Bay thence San Francisco Bay, owing for the potential for water quality to be affected within this geographic region. Potential effects to water resources include sedimentation, pollution, stormwater flows and groundwater hydrology. As the Russian River originates from the Inner North Coast Ranges flowing throughout much of Sonoma County, reaches of the Russian River are already considered impaired as a result of urban runoff, water temperature and pollution.

Developments within the Russian River watershed have the potential to impact existing runoff patterns owing to a decrease in impervious surface area. Future development projects along the Russian River watershed and Bay Area as a whole are expected to gradually increase, increasing the potential for increased runoff and pollution. However, tThe Proposed Project and other cumulative projects that may be constructed in the vicinity would be required to comply with the CWA as it relates to stormwater and point-source discharges. Compliance with USEPA for an NPDES permit and/or State stormwater pollution prevention requirements will prevent off-site development, in combination with the Proposed Project, from causing cumulatively significant stormwater related impacts.

Impacts to the groundwater basin would not be cumulatively significant, as the Proposed Project, in combination with other known projects in the area, would use a relatively small increment of the available groundwater, because none of the cumulative projects would be a major water consumer. Additionally, the Eastside Road Storage Project is located in a separate geologic and hydrogeologic formation, the Wilson Grove Formation, than the Proposed Project (CH2MHill, 2008a). Therefore, no cumulatively significant impact to groundwater would occur.

Wastewater effluent would be required to meet Federal standards. Water for both the Proposed Project and the Eastside Road Storage Project would be treated to tertiary standards, in compliance with California Title 22 standards. As a part of the project Proposed Project design, any onsite wells would include 50-foot sanitary seals for protection of water quality. Impacts to water quality from the Proposed Project and Alternatives are further discussed under Sections 4.1.2, 4.2.2, and 4.3.2. With the implementation of the protective measures listed in Section 2.0 2.6 and the mitigation measures listed in Section 5.02, impacts to groundwater and surface water would be less than significant. Future projects would be required to comply with Town of Windsor and Sonoma County grading and erosion control ordinances. None of the cumulative projects would have an individually significant impact on groundwater quality, and cumulative impacts would also be less than significant.

Analytical Environmental Services 4-57 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

4.5.3 AIR QUALITY

Cumulative impacts to the air basin are addressed within the requirements of the CAA and the General Conformity Rule. Significance levels under the General Conformity Rule are de minimis levels shown in Table 4-1320. The Proposed Project does not reach the de minimis levels or exceed 10 percent of Sonoma County emissions required for Federal conformity (see Table 4- 1420). Therefore the Proposed Project would not result in a change in the basin’s air quality designation. The emission inventory for Sonoma County shows ROG at 9,015.5 tpy and 9,307.5 tpy of NOx (CARB, 2008b). The Proposed Project, Alternative B, and Reduced-Intensity Alternative, when considered in combination with other planned and reasonable foreseeable future actions, would not lead to a cumulatively significant impact to air quality.

TABLE 4-1420 ALTERNATIVES A, B, AND C CUMULATIVE EMISSIONS Alt A and B Alt C CAPs tons per year ROG 2.74 1.02 NOx 1.22 0.46 De Minimis Levels 100 100 10% of County Emission Inventory? No No Significant? No No Source: URBEMIS, 9.2.4, 2007

Please see Sections 4.1.3, 4.2.3, and 4.3.3 for an analysis potential cumulative climate change impacts.

4.5.4 BIOLOGICAL RESOURCES

Potential impacts to biological resources on the project site, including sensitive habitats, potentially jurisdictional waters of the U.S., native trees, riparian habitat, special-status species, and migratory birds, will be reduced to a less-than-significant level through measures incorporated into project construction and design (Section 2.01.9) and mitigation (Section 5.04). Other developments in the vicinity, such as the Eastside Road Storage Project, would have the potential to impact similar habitats, including mixed oak woodland, oak savannah, annual grassland, mixed riparian and related aquatic habitats, and ruderal/developed or pasturine habitats. Any sensitive habitats with the potential to support populations of local endangered species would be protected from developmentthrough mitigation requirements outlined in by the Santa Rosa Plain Conservation Strategy (USFWS, 2005a). Cumulative iImpacts to native trees would be mitigated by compliance with the Sonoma County Tree Ordinance and/or the VOH Combining Design zoning designation, depending on the location of specific cumulative projects. Any cumulative developments affecting jurisdictional waters of the U.S. or special-status species would be required to mitigate according to the applicable provisions of the CWA and the FESA, and migratory birds would be protected from take subject to the MBTA. Owing to the

Analytical Environmental Services 4-58 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

requirement to comply with pertinent local, state and federal regulations, cCumulative impacts to biological resources would be less than significant.

4.5.5 CULTURAL RESOURCES

Cumulative effects to cultural resources typically occur when sites that contain cultural features or artifacts are disturbed by development. As these resources are destroyed or displaced, important information is lost and connections to past events, people and culture is diminished. As the Town of Windsor and Sonoma County continue to grow, resources, including historic buildings and archaeological sites, may be lost. Sonoma County contains extensive cultural resources, including Pomo and Coast Miwok Indian sites and historical sites associated with early ranching, homesteads, and agriculture. Known sites in Sonoma County include Native American archaeological sites with bedrock mortars, village sites, and dance houses or roundhouses; and historic sites, including historic buildings, homes, and churches. Impacts to these cultural resources are likely to occur as residential and commercial growth occurs in Sonoma County, including near the communities of Windsor, Healdsburg and their surrounding cities.

No significant cultural resources were identified within or adjacent to the project site. However, the records search and archival research indicate that the study area is in a region sensitive for both prehistoric/pre-contact resources and historic-period resources. Prehistoric archaeological sites recorded in the general vicinity of the project area include rock alignments, human cremations, habitation areas, trails, and lithic scatters. Historic-period archaeological sites in the general area include wagon roads, trails, homesteads and ranches. Based on this sensitivity, the Proposed Project may impact previously unknown archaeological resources, as these sites may be buried with no surface manifestation. Significant cumulative impacts to unknown cultural resources could occur if sites continued to be lost, damaged, or destroyed without appropriate recordation or data recovery. Mitigation for potential cumulative impacts to unknown cultural resources has been specified in Section 5.0 5 and similar measures are required for all development in Sonoma County to comply with Sonoma County policies, Federal regulations as described in Section 3.5.1, and the California Environmental Quality Act (CEQA). Implementation of these measures would reduce cumulative impacts to a less-than-significant level.

4.5.6 SOCIOECONOMIC CONDITIONS / ENVIRONMENTAL JUSTICE

Potential effects to socioeconomic/ environmental justice conditions include significant increases in crime, dramatic shifts in employment and adverse changes in a town or community’s ability to fund public services. The current trend within Sonoma County and much of the Bay Area is a rising availability of vacant homes, with slight drops in employment in certain areas. The Proposed Project and alternatives, Alternative B, and Reduced-Intensity Alternative when

Analytical Environmental Services 4-59 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

considered in combination with other planned and reasonable foreseeable future actions such as the Eastside Road Storage Project, have the potential to reduce housing vacancy and provide job opportunities for local residents. This could be a potential benefit to Sonoma County and the Town of Windsor, and would not lead to a significant cumulative impact to socioeconomic conditions or environmental justice.

4.5.7 TRANSPORTATION AND CIRCULATION Trip Generation and Distribution

The estimated a.m. and p.m. peak-hour trips under the Proposed Project were added to the cumulative condition volumes, which were developed using information from the Town of Windsor 2015 General Plan (Town of Windsor, 2005). This resulted in the estimated traffic volumes on the study area roadway system under Cumulative plus Proposed Project conditions (Appendix G).

Cumulative Plus Project Intersection Levels of Service

The LOS at the study intersections were evaluated using the estimated a.m. and p.m. peak-hour traffic volumes for Cumulative plus Proposed Project conditions. Table 4-15 21 summarizes the results of this analysis. Intersection #6 (Windsor River Road and Bell Road) is expected to operate at LOS F in the Cumulative scenario; addition of project traffic to this intersection would exacerbate the already unacceptable operating conditions. This would be considered a significant impact.

Improvements are planned for Intersections # 6 and #9 (Windsor River Road and NB 101 Off- ramp). Specifically, the Town of Windsor Traffic Impact Fee Program includes the installation of a traffic signal at Intersection # 6 (Windsor River Road and Bell Road) and improvements at Intersection # 9 (Old Redwood Highway and northbound Hwy 101 Off-Ramp). The programmed improvements at Intersection # 9 include construction of an additional southbound left turn lane, an additional southbound right turn lane, and restriping the northbound approach to include a shared through left lane. It should be noted that Caltrans has also specified the future improvements at this intersection could include a separate right turn pocket for the westbound approach and widening of the northbound 101 off-ramp to allow for an exclusive left turn lane, a shared left through lane, a through lane, and a right turn lane (for a total of four approach lanes). However, full funding for these improvements has not currently been secured, thus they were not assumed to be in place for the cumulative analysis. Therefore, tTraffic generated from the Proposed Project at Intersection # 9 would decrease the operations at this intersection to an unacceptable LOS, creating a potentially significant impact. Implementation of proposed mitigation measures described in Section 5.0 7 would reduce these impacts to less-than- significant levels.

Analytical Environmental Services 4-60 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

TABLE 4-1521 LEVEL OF SERVICE SUMMARY FOR CUMULATIVE PLUS PROJECT CONDITIONS (REVISED) Cumulative Cumulative plus Project Traffic AM Peak PM Peak AM Peak PM Peak Intersection Average Average Average Average Control LOS LOS LOS LOS Delay Delay Delay Delay #1. Eastside Stop Road and Windsor Sign B 10.4 B 10.4 B 10.5 B 10.5 River Road (Future) #2. Windsor River Stop Road and Project Sign A 9.9 A 9.7 B 10.4 B 10.1 Entrance (#1) (Future) #3. Windsor River Stop Road and Project A 10.0 A 9.7 B 11.0 B 11.2 Sign Entrance (#3) #4. Windsor River All-Way Road and Starr B 13.3 B 11.1 B 14.8 B 12.4 Stop Road #5. Windsor River Traffic Road and Windsor D 42.1 C 31.4 D 44.1 C 31.6 Signal Road #6. Windsor River Stop Road and Bell E 46.4 F 62.2 F 54.7 F 82.5 Sign Road #7. Windsor River Road and Old Traffic C 37.1 D 44.8 D 37.8 D 48.8 Redwood Signal Hwy/Conde Lane #8. Old Redwood Traffic Hwy and SB Hwy C 20.1 C 24.8 C 22.4 C 25.7 Signal 101 Ramps #9. Old Redwood Hwy and NB Hwy Traffic C 32.5 D 40.5 C 34.4 D 41.8 101 Off-Ramp – Signal Lakeside Road #10. Old Redwood Hwy and Stop A 9.5 A 9.5 A 9.5 A 9.5 Project Entrance Sign #2 Note: LOS- Level-of-Service Source: Abrams Associates, 2010; Appendix G

Bicycle, Pedestrian, and Transit Networks

The Proposed Project would not result in an increase in bicycling or transit rider activity. Additionally, the project would not adversely affect a pedestrian or bicycle networks under the Cumulative plus Proposed Project conditions. None of the known cumulative scenario projects are expected to affect these networks. No significant cumulative impacts would occur.

4.5.8 LAND USE

Cumulative land use impacts are generally defined for Sonoma County, owing to the project site location and consideration of proposed cumulative impacts within the County, which would be considered negligible outside the County. If taken into Federal trust, the project site would not be

Analytical Environmental Services 4-61 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

subject to City or County jurisdiction regarding land uses. Any surrounding cumulative projects, however, would be subject to local land use regulations. Cumulative impacts would occur if expected growth would conflict with established General Plans or Specific Plans, conflicts with existing land uses, or create impediments to such plans. Since the project alternatives and the Eastside Road Storage Project are generally consistent with the existing and proposed land uses in the vicinity, no cumulative land use impacts would occur.

Agriculture The retention or development of agricultural land is largely a policy consideration for governmental entities. Prime and unique agricultural lands are considered a limited and valuable resource. Impacts to these lands must therefore be analyzed according to NEPA and the Farmland Protection Policy Act (FPPA). All land uses in the region are subject to approval by local government entities. The project site does not contain prime or unique farmland (Appendix H), however the parcel immediately south of the site is designated as prime agricultural land and is currently in vineyard operation. The developers of any nearby projects would be required to comply with local jurisdictional approval. Considering that the proposed project site is not used for agriculture, and no known agricultural conversions are proposed for the area, cumulatively significant impacts to agricultural land would not occur.

4.5.9 PUBLIC SERVICES

Public services for the Proposed Project would be accommodated by existing and planned public services, or would be provided by the Tribe’s own facilities. As development of other areas continues, the combined need for public services may create a cumulative impact. As development occurs within Sonoma County and surrounding the Town of Windsor, demands on community and public services may increase. The County and Town may respond by increasing local taxes and fees to fund law enforcement, fire fighting, water and wastewater facilities to serve the increase demand. Development of the Proposed Project would not be subject to County or Town fees or taxes. However, aAll future land uses in the region would be subject to approval by local governments, and would include provisions for public services. Additionally, the Tribe would enter into service agreements with public service providers in manner that may be mutually compatible. As a result, the Proposed Project combined with future potential developments would not result in significant cumulative impacts to public services.

4.5.10 NOISE

Traffic noise would dominate the noise environment in the area surrounding the project site during cumulative conditions. The impact of the proposed project on the cumulative noise environment would not change during future cumulative conditions and only minimal cumulative development would occur within the vicinity of the project site. Thus, Tthe Proposed Project, in

Analytical Environmental Services 4-62 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

combination with the proposed cumulative projects in the area, would cause a less-than- significant impact with regard to noise.

4.5.11 HAZARDOUS MATERIALS

There is the potential for impacts related to hazardous materials to be discovered during construction of the Proposed Project , which could result in an environmental impact. as well as the oOther cumulative projects and a. Any new developments would be required to adhere to State and municipal regulations regarding the delivery, handling, and storage of hazardous materials, thereby reducing the risk to the public’s health and welfare due to accidental exposure. Therefore, with the implementation of mitigation measures for the Proposed Project described in Section 5.11, there are no significant cumulative hazardous materials impacts associated with the Proposed Project.

4.5.12 VISUAL RESOURCES

The geographic boundary of the cumulative analysis for visual resources is defined as the general viewshed surrounding the project site. Surrounding topography, geographical barrier and physical structures would obscure views of visual resources over a significant distance. Development of the project site under the Proposed Project, Alternative B and the Reduced- Intensity Alternative would be generally consistent with the County’s Rural Design Guidelines, with no significant impacts to scenic views or features. Maintenance of existing native vegetation and planting of new vegetation would provide visual screens in character with the region. Any future development in the vicinity would be subject to County review and approval, and potentially significant impacts to visual resources would require mitigation. Therefore, the Proposed Project, Alternative B, or Reduced-Intensity Alternative, when considered in combination with other planned and reasonably foreseeable future actions, would not lead to a significant cumulative impact to visual resources.

4.6 INDIRECT AND GROWTH-INDUCING EFFECTS

Under NEPA, indirect and growth-inducing effects of a Proposed Project must be analyzed (40 CFR §1508.8[b]). The CEQ Regulations define indirect effects as effects that are caused by the action and are later in time or further removed in distance, but are still reasonably foreseeable. Growth-inducing effects are defined as effects that foster economic or population growth, either directly or indirectly. Direct growth inducement could result, for example, if a project included the construction of a new residential development. Indirect growth inducement could result if a project established substantial new permanent employment opportunities (e.g., new commercial, industrial, or governmental enterprises) or if it removed obstacles to population growth (e.g., expansion of a wastewater treatment plant to increase the service availability). Section 4.6.1

Analytical Environmental Services 4-63 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

assesses the potential for growth inducing effects caused by the alternatives. Section 4.6.2 assesses indirect effects caused by the offsite construction of water and wastewater infrastructure and associated pipeline proposed for Alternative A. Other indirect effects are analyzed in previous sections by issue area.

4.6.1 GROWTH INDUCING EFFECTS

Growth inducement may constitute an adverse impact if the increased growth is not consistent with or accommodated by the land use and growth management plans and policies for the area affected. Local land use plans provide for development patterns and growth policies that allow for orderly development supported by adequate public services and utilities such as water supply, roadway infrastructure, sewer services, and solid waste disposal services. A project that would induce “disorderly” growth (i.e., would conflict with local land use plans) could indirectly cause adverse environmental or public service impacts.

The Proposed Project would include new housing for Lytton Tribal members. Many Tribal members are currently residents of Sonoma County, notably the greater Windsor/Santa Rosa area, and these families and individuals would constitute the majority of the expected residents of the new housing. Few, if any, long-term or permanent employment opportunities would be created. Therefore, it is anticipated that the net direct local population growth resulting from the project would be minimal.

Analyses of the adequacy of local infrastructure and services are included in the discussion of environmental consequences for each proposed Alternative. No significant, unmitigatible impacts have been identified that would result from the Proposed Project. Utility infrastructure would not be significantly improved or expanded to increase service availability to any areas surrounding the project site. Growth-inducing impacts would be less than significant for all of the proposed alternatives.

4.6.2 INDIRECT EFFECTS FROM OFF-SITE WATER AND WASTEWATER IMPROVEMENTS Offsite water and wastewater infrastructure and associated pipeline may be constructed under Alternative A as described in Section 2.1 and Appendix B. Water would be supplied to the project site through a connection to the municipal water system of the Town of Windsor under an agreement to be negotiated between the parties. It is anticipated that the existing municipal system would be able to accommodate the water demands of the project. An existing 18-inch diameter water main associated with the Town of Windsor’s public water supply system is located parallel to Windsor River Road, immediately north of the project site. Two connections would be made to this water main to serve the project site. If required, each of these connections would include a meter and backflow prevention facilities. Wastewater would be conveyed to the

Analytical Environmental Services 4-64 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Town of Windsor WWTRDF through the existing municipal sewer collection system. The Tribe would enter into an agreement with the Town of Windsor for sewer service. It is anticipated that the existing WWTRDF would have sufficient treatment and disposal capacity. In order to connect to the WWTRDF, a sewage lift station and approximately 3,200 feet of force main would be constructed that would connect to a manhole located near the intersection of Windsor River Road and Starr Road. The construction of these improvements would occur primarily along existing disturbed roadways. The following section identifies the potential indirect environmental effects of construction of these improvements.

Land Resources The construction of offsite improvements may require trenching and backfilling/re-paving, which could result in erosion of soils. Applicable local agency requirements, including California Environmental Quality Act (CEQA) review if required, would be satisfied prior to commencement of construction of offsite improvements. If construction of offsite improvements would disturb over one acre in area, a NPDES construction permit would be obtained from the Regional Water Quality Control Board. A SWPPP would be developed that would include soil erosion and sediment control practices to reduce the amount of exposed soil, prevent runoff from flowing across disturbed areas, slow runoff from the site, and remove sediment from the runoff. With standard construction practices and specifications required by the NPDES permit program, the offsite improvements are expected to result in less than significant indirect effects to land resources.

Water Resources The development of offsite improvements could affect water resources due to construction activities. Potential effects include increased erosion that could adversely affect surface water quality due to increases in sediment. As discussed above, a SWPPP would be developed, which includes soil erosion and sediment control practices. With implementation of the soil erosion and sediment control practices identified in the SWPPP, effects to water resources would be less than significant.

Air Quality Construction of offsite water and wastewater infrastructure and associated pipeline would result in short-term construction-related air pollution emissions. The construction phase is anticipated to produce two types of air contaminants: exhaust emissions from construction equipment and fugitive dust generated as a result of demolition and soil movement. Exhaust emissions from construction activities include those associated with the transport of workers and machinery to the site, as well as those produced on site as the equipment is used. Construction of offsite improvements would be limited in scope and duration. Thus a less than significant indirect effect would result. In addition, mitigation measures are typically required by local jurisdictions to

Analytical Environmental Services 4-65 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

reduce construction emissions, often in conjunction with required CEQA review. These include watering the exposed soil to reduce dust, maintaining equipment properly, etc.

Biological Resources Construction of the offsite water and wastewater infrastructure and associated pipeline has the potential to impact vegetation communities and unidentified potential waters of the U.S. Removal of sensitive native vegetation and vegetation that provides habitat for special-status species or supports migratory birds could result in potentially significant effects. The modifications of potential waters of the U.S. and the direct loss or harm to sensitive animal species are also considered potentially significant effects.

Most of the habitat that exists in the offsite improvement area is highly disturbed roadsides or totally disturbed roadways. Due to the degraded condition of the roadway/roadside areas, habitat quality is generally low and it is unlikely that construction would result in a significant effect to sensitive species. However, in order to address potential impacts to biological resources, biological resource surveys may be required to comply with CEQA. The lead agency under CEQA would be required to mitigate any potential impacts to a less than significant level or to issue a finding of fact and statement of overriding considerations if significant impacts could not be mitigated. Due to the limited nature of the offsite improvements along existing roadways, the degraded condition of existing habitat, and the requirements of CEQA to address impacts to biological resources, the effects of extending existing pipelines would be less than significant.

Cultural Resources The construction of offsite improvements has the potential to disturb or destroy historical features and archaeological resources. Trenching to add pipeline may disturb previously unknown sites. Due to prior grading of the existing roadways and occasional traffic on roadsides, it is likely that resources remaining in these areas are highly disturbed and lack integrity, thus diminishing the significance of the remaining resources.

To address potential impacts to cultural resources, cultural resource surveys may be required to comply with CEQA. The lead agency under CEQA would be required to mitigate potential impacts to a less than significant level or to issue a finding of fact and statement of overriding considerations if significant impacts could not be mitigated. Mitigation may include the avoidance of resources, the preservation of key historical features, or the removal, documentation, and curation of cultural resources. Therefore, a less than significant indirect effect to cultural resources would result.

Socioeconomic Conditions/Environmental Justice Construction of offsite improvements could result in short-term inconveniences and minor delays due to constricted traffic movements and possible temporary detouring of traffic. The

Analytical Environmental Services 4-66 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

improvements are not expected to result in long-term disruption of access to surrounding land uses or to minority or low-income populations and would not result in a significant indirect effect related to socioeconomic conditions.

Transportation and Circulation As mentioned previously, construction of offsite improvements could result in minor delays due to constricted traffic movements and possible temporary detouring of traffic. Local agency requirements would be implemented during construction. The improvements are not expected to result in long-term road closures and would not result in a significant indirect effect to transportation and circulation.

Land Use Construction of offsite water and wastewater infrastructure and associated pipeline may require utility easements which would limit future construction. An easement is a right, privilege or interest limited to a specific purpose which one party has in the land of another. Underground utility easements are typically laid out as corridors of sufficient width to give some latitude in locating the actual utility line, and to permit sufficient room for periodic inspection, repair and maintenance. Underground utility easements typically prohibit the construction of building improvements, but may permit the construction of non-structural improvements, such as paved surface parking or landscaping. The force main is anticipated to follow public roads and would not be in an area where a building would normally be built or where an agricultural field would be plowed. Therefore, less than significant indirect impacts to land uses would occur.

Public Services The Tribe would adhere to local regulations for extending water and sewer service to the project site, including the Town’s Sanitary Sewer Management Plan. Construction of offsite improvements could result in a temporary break in water, wastewater, or other services to some homes in the area. However, because these effects are common when upgrading and maintaining utility services, and because potential service breaks would be temporary, these effects would be less than significant. No effects to fire or emergency medical services are expected as access to adjacent homes would be maintained during construction of the improvements.

Noise Construction activities would result in short-term increases in the local ambient noise environments. However, because construction activities would be temporary in nature and are expected to occur during normal daytime hours, a less than significant effect is expected.

Analytical Environmental Services 4-67 Lytton Property Residential Development May 2011 Final Environmental Assessment 4.0 Environmental Consequences

Hazardous Materials The accidental release of hazardous materials used during construction activities could pose a hazard to construction employees and the environment. Additionally, equipment used during construction activities could ignite dry grasses and weeds in construction areas. However, these hazards, which are common to construction activities, would be minimized with adherence to standard operating procedures, such as refueling in designated areas, storing hazardous materials in approved containers, and clearing dried vegetation. These potential hazards are therefore considered to be less than significant.

Visual Resources Because the majority of the proposed offsite water and wastewater infrastructure and associated pipeline would be constructed below ground, visual indirect effects would be less than significant.

Analytical Environmental Services 4-68 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 5.0 MITIGATION MEASURES SECTION 5.0 MITIGATION MEASURES

The Tribe shall pass a resolution requiring full compliance with all of the following mitigation measures. All mitigation that is necessary to reduce significant impacts to a less than significant level will be binding on the Tribe because it is subject to a Tribal resolution, intrinsic to the project, required by federal law, and/or required by agreements between the Tribe and local agencies. The construction contract for the Proposed Project will include applicable mitigation measures, and inspectors shall be retained during construction.

5.1 LAND RESOURCES

Implementation of the protective measures and Best Management Practices (BMPs) described in Section 2.01.9, along with the mitigation measures below shall minimize potential impacts related to soils. These measures are recommended for Alternatives A, B, and C.

. All site preparation and earthwork construction in the field shall be performed by licensed contractors. . Suitability of earth and construction materials shall be determined by a licensed professional employing geotechnical/soils laboratory testing standards according to standard engineering practice. . All grading plans, subsurface investigations, and slope stability and seismic design calculations as well as all foundation, paving, and building design parameters shall be produced under the supervision of appropriate licensed professionals. . Construction on expansive soil shall be mitigated by using specialized grading techniques or designing structural foundations to withstand expansion pressures. . The effects of soil movement shall be mitigated by strengthening the soils during grading and/or designing and constructing satisfactory foundation support. . Prior to finalization of the grading and development plans for the property, design-level geotechnical specifications addressing the specific grading and development plans shall be developed. The specifications should include, but not be limited to, the following:  Site, building and facility-specific grading recommendations regarding site preparation, clearing and grubbing.  Select grading procedures, remedial grading procedures, material suitability and compaction criteria.

Analytical Environmental Services 5-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

 Cut and fill slope stability analyses, recommended slope configurations and inclinations.  Evaluation of soil expansion and corrosion potential.  Building-specific foundation design parameters.  Site-specific seismic design parameters.  Lateral earth pressure parameters for retaining wall design, if any.  Pavement design specifications.

5.2 WATER RESOURCES

Implementation of the protective measures and BMPs described in Section 2.0 1.9 along with the recommended mitigation measures below would minimize potential impacts related to the construction of Alternatives A, B, and C.

. The Tribe shall obtain a National Pollutant Discharge Elimination System permit (NPDES General Permit) from the USEPA for construction site runoff during the construction phase in compliance with the Clean Water Act (CWA). A Storm Water Pollution and Prevention Plan (SWPPP) shall be prepared, implemented, and maintained throughout the construction phase of the development, consistent with General Permit requirements. The SWPPP would detail the BMPs to be implemented during construction and post-construction operation of the Proposed Project. The BMPs may include, but are not limited to, the following:  Straw wattle placement on cut and fill slopes.  Straw wattle check dam installation within drainage swales.  Covering disturbed areas with plastic, hydro-seed applications, or straw.  Construction entrance installation to reduce off-site sediment transport.  Revegetation following construction activities. . If Alternative B or C is chosen, the Tribe shall construct a the tertiary wastewater treatment and reclamation plant facility (WTRF) as described in Appendix B. Salt-based chemicals shall not be used whenever feasible in the wastewater treatment process. Water softeners that dispose of salt into the wastewater system shall be prohibited. . Should Alternative B be chosen, the Tribe shall obtain a NPDES permit for surface discharge of treated effluent. An energy dissipater that does not result in any fill of waters of the U.S. shall be installed at the effluent discharge outfall.

Implementation of the recommended mitigation measure below would minimize potential impacts related to the wastewater effluent discharge from Alternatives B and C.

Analytical Environmental Services 5-2 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

. Wastewater effluent discharge shall be reduced or eliminated, if possible, during the issuance of an Urban and Small Streams Flood Advisory by the National Weather Service for the receiving waters into which project effluent is discharged. . Community education programming will be conducted to educate residents of the importance of reducing chemical product use and disposal in the home and minimizing release of medicines and other contaminants into wastewater. . All effluent discharge basins shall maintain a minimum vertical distance of two feet freeboard between the high water level and pond levee crowns. Storage basins will also be gated to restrict access. All basins shall be equipped with draining systems and level monitors. . Spray drift from the spray disposal irrigation areas would be monitored daily during operation by qualified personnel. Spray drift shall not be allowed to migrate outside of the irrigation area. . Spray irrigation would cease when winds exceed 30 miles per hour. . The Tribe would adopt standards equivalent to the landscape irrigation standards in the State Water Resources Control Board Recycled Water Policy (as referenced in Resolution No. 2009-0011). . A wastewater contingency plan shall be developed that ensures untreated wastewater is not discharged to the environment in the event of WTRF failure or malfunction.

Implementation of the recommended mitigation measure below for Alternatives A, B, and C would assist in regional groundwater monitoring efforts.

. The nested monitoring well constructed for the hydrogeologic investigation shall be maintained and used for groundwater-level monitoring.

5.3 AIR QUALITY

5.3.1 CONSTRUCTION

Implementation of the protective measures and BMPs described in Section 2.0 along with the recommended mitigation measures listed below would minimize potential impacts associated with air quality for Alternatives A, B, and C.

. Construction vehicles, delivery, and commercial vehicles shall not idle for more than five minutes. . The Tribe shall designate an onsite Air Quality Construction BMP Manager (AQCBM), who shall be responsible for directing compliance with BMPs for the project construction heavy-duty equipment. . Heavy, diesel-powered equipment idling shall be limited to two minutes.

Analytical Environmental Services 5-3 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

. The Tribe shall use heavy duty construction equipment equipped with a diesel particulate matter filter. . The Tribe shall fully fund a program to encourage and facilitate the use of ‘carpools’ by construction workers, including providing an off-site location for construction workers to park their vehicles and meet to carpool. . If possible, the Tribe shall use heavy duty construction equipment, which meets CARB’s most recent certification standards. . The Tribe shall provide a storage area for recyclables and green waste during construction. . The Tribe shall recycle 50 percent or more of construction waste. . The Tribe shall use environmentally preferable materials to the extent practical for construction of facilities. Buildings will be designed to meet LEED or equivalent certification standards, except with respect to indoor smoking allowed in certain restricted areas. . The AQCBM shall be responsible for directing compliance with the following BMPs for fugitive dust control practices during project construction:  For any earth moving which is more than 100 feet from all property lines, conduct watering as necessary to prevent visible dust emissions from exceeding 100 feet in length in any direction.  For all disturbed surface areas apply dust suppression in a sufficient quantity and frequency to maintain a stabilized surface; any areas, which cannot be stabilized, as evidenced by wind driven dust, must have an application of water at least twice per day to at least 80 percent of the unstabilized area.  Establish a vegetative ground cover as soon as feasible after active operations have ceased.  For all unpaved roads either water all roads used for any vehicular traffic as often as necessary to minimize dust; or apply chemical stabilizer to all unpaved road surfaces in sufficient quantity and frequency to maintain a stabilized surface.  Provide track-out control to minimize tracking of soil onto neighboring roadways.  For all off site haul vehicles, cover loads.  Grading activities shall not occur when winds exceed 25 miles per hour (mph).  Speed on unpaved roads shall be limited to 15 mph.

5.3.2 CLIMATE CHANGE

Table 5-1 shows the unmitigated, project-related GHG emissions. Implementation of the mitigation measures described in Table 5-1 would reduce all construction and operational-related criteria air pollutants to levels below the BAAQMD thresholds for significance. Thus, the project would result in a less-than-significant cumulative impact from GHG emissions for all alternatives.

Analytical Environmental Services 5-4 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

TABLE 5-1 (NEW TABLE) ESTIMATED GHG EMISSIONS AND QUANITIFICATION OF MITIGATION REDUCTIONS Alternatives Percent CONSTRUCTION A and B C Reduction Metric Tons of CO2e CONSTRUCTION Unmitigated Emissions1 1,169 829 Mitigation Reductions2 Purchase Carbon Credits (refer to MM below) 69 0 GHG Emissions After Mitigation 1,100 829 Significant After Mitigation No No OPERATION Unmitigated Emissions1 2,946 1,109 Mitigation Reductions2 Mobile (refer to Mobile MM below) 1% Mobile 29 11 100% Electricity (refer to Electricity MM below) 215 80 Electricity Subtotal 2,702 1,018 Purchase Carbon Credits (refer to MM below) 1,602 0 Total GHG Reductions 1,846 91 Estimated Project Related GHG Emissions After Mitigation 1,100 1,018 Significant After Mitigation No No Notes: MM = Mitigation measure. 1 Emissions estimates provided by URBEMIS air quality model (Appendix D of EA). 2 Emission reduction provided in the BAAQMD Guidelines. Source: AES, 2010

Mobile . For operation of the proposed project, the Tribe shall institute and fund an on-site waste composting program. Waste composting reduces GHG emissions from landfills. This mitigation measure would reduce GHG emissions from mobile sources by one percent.

Electricity . For operation of the proposed project, the Tribe shall plant trees and other carbon- sequestering vegetation (as part of the Mitigation Measure outlined for native oak trees in Section 5.4.2). The addition of photosynthesizing plants would reduce atmospheric

carbon dioxide (CO2) because plants use CO2 for elemental carbon and energy production. Trees planted near buildings would result in additional benefits by providing shade to the buildings, reducing heat absorption and the need for air conditioning. According to the BAAQMD, implementation of this mitigation measure would reduce the project’s electricity consumption, thus lowering indirect GHG emissions in the residential air conditioning sector by up to 30 percent (Table 5-1). . The Tribe shall use solar hot water heaters where possible for all project components. The use of solar hot water heaters would reduce project’s energy usage, thus lowering

Analytical Environmental Services 5-5 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

indirect related GHG emissions by reducing natural gas and electricity usage. According to the BAAQMD, implementation of this mitigation measure would reduce the project’s indirect GHG emissions in the residential natural gas water heating sector by up to 70 percent (Table 5-1). . The Tribe shall seal all residential and other buildings heating, ventilation, and air conditioning ducts. According to the BAAQMD, implementation of this mitigation measure would reduce the project’s electricity consumption, thus lowering indirect GHG emissions in the residential air conditioning sector by up to 30 percent (Table 5-1).

Implementation of the following mitigation measure (if necessary) for construction of the proposed project would reduce Alternatives A and B project-related GHG emissions to below the BAAQMD threshold.

. Purchase GHG emissions credits in the amount specified in Table 5-1.

5.4 BIOLOGICAL RESOURCES

Implementation of the protective measures and BMPs described in Section 2.0, along with the mitigation measures below, would ensure that impacts to biological resources are less than significant.

5.4.1 WATERS OF THE U.S.

The following mitigation measures are recommended for Alternatives A, B, and C to avoid and/or reduce impacts to waters of the U.S. (including wetlands) within the project site:

. A 50-foot setback, where possible, shall be established around each of the potentially jurisdictional wetland features within the project development and no development shall occur within the setback areas. . Prior to the onset of construction activities, these wetland avoidance setbacks shall be established around jurisdictional wetland features using high-visibility fencing. A qualified biologist shall be present during construction activities that ensue within the vicinity of the wetland avoidance buffer zones. The qualified biologist shall monitor during construction to make sure that the fencing remains intact and that construction activities do not penetrate the wetland avoidance buffer zones. When project development is completed, the high-visibility fencing may be removed. . Temporary fencing shall be installed around riparian habitats. Fencing shall be in place prior to the initiation of any construction activities and no encroachment into the fenced areas shall be permitted. Fencing shall remain in place until all construction activities have ceased.

Analytical Environmental Services 5-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

. Any proposed construction activities that would occur within the vicinity 50 feet of jurisdictional waters of the U.S. shall be conducted during the dry season (i.e., April 15 through October 15) to further reduce sedimentation within the watershed. . If complete avoidance of waters of the U.S. is not possible and impacts to wetland features cannot be avoided, authorization from the USACE is required. A Section 404 CWA permit shall be obtained from the USACE and mitigation ratios defined within the permit conditions shall be implemented. Typical Nationwide Permits (NWP) mitigation occurs at a ratio of 1:1 acres created versus impacted and 2:1 acres preserved versus impacted. Individual permit conditions may vary. A CWA Section 401 Water Quality Certification permit from the U.S. EPA would also be required.

5.4.2 NATIVE TREES

. Trees of notable size (i.e., heritage trees exceeding 33 inches diameter at breast height) shall be preserved to the greatest extent feasible. . Impacts to valley oak trees within the Valley Oak Habitat Combining District shall be avoided to the maximum extent feasible. . Protection of tree crowns and root zones shall be required for all trees planned for retention in the vicinity of the construction footprint. . The highest density areas of mixed oak woodland habitat shall undergo a vigorous thinning regime, such that up to 50 percent of the trees within these areas are removed in order to reduce the intense fire hazard posed by the existing conditions on site. Systematic thinning within the mixed oak woodland habitat on site would facilitate optimal growth and development of the remaining (i.e., preserved) trees on-site, and would reduce susceptibility to disease, insects infestation, and parasites. Upon completion of thinning and project construction, remaining trees within these areas should be trimmed by a certified arborist or forester to remove any dead or injured branches. This recommendation is proposed for all of the alternatives, including the No Action Alternative, and should be applied to trees remaining in the overcrowded areas following project construction. . Native oak trees permanently removed as a result of project construction will be mitigated through re-planting of removed trees at a 1:1 ratio, as detailed below, or alternatively, preserving an equivalent area of oak woodland. o Replacement oak trees will be planted on Tribally-owned land and/or other parcels in the vicinity of the project site. o Oak trees may be established by planting in replacement areas trees salvaged from construction impact zones, 15 gallon-sized trees, 24-inch boxes, 36-inch boxes, saplings, propagated seedlings, acorns or any combination of these sizes or stages. o To ensure the success of planted oak trees, the trees shall be monitored annually by a qualified biologist for a period of five years, with a survival target goal of 60

Analytical Environmental Services 5-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

percent by the third year. If it is determined after the third year of monitoring that the 60 percent survival rate is not being met, additional trees shall be planted to meet a 80 percent survival goal near the end of five years. o Trees removed for construction shall be assessed by a qualified biologist to see if the removed trees would be suitable for relocation in replacement areas.

5.4.3 SPECIAL-STATUS PLANTS

The following mitigation measures are recommended for Alternatives A, B, and C to avoid and/or reduce impacts to any potentially occurring special-status plant species or their habitats within the project site:

. The remaining floristic surveys for Sonoma sunshine, Sebastopol meadowfoam, Burke’s goldfields, and many-flowered navarretia (Section 4.1.4; Attachment E to Appendix E) shall be conducted within the required areas of the project site in accordance with the Santa Rosa Plain Conservation Strategy protocol prior to groundbreaking on those parcels. . If the protocol-level floristic survey results are positive, then formal consultation with USFWS must be initiated. Upon consultation, an appropriate course of action shall be established. . Prior to the onset of construction activities, an avoidance plan must be formulated, submitted, and approved by the USFWS. It is likely entail the following basic principles:  Prior to the onset of construction activities the areas where the plants occur shall be delineated with avoidance buffers via high visibility fencing. The avoidance buffers may be 50 feet in width, unless otherwise specified by USFWS.  A qualified botanist shall be present during construction activities that ensue within the vicinity of the special-status plant avoidance buffer zones and monitored to ensure that the fencing remains intact and that construction activities do not penetrate the special-status plant avoidance buffer zones.  When project development is completed, the high-visibility fencing may be removed. However, future development shall not occur within the setback buffer areas. . If complete avoidance of the Santa Rosa Plain special-status plants is not feasible, the Tribe shall mitigate for impacts to the plants according to the mitigation ratios in Table 5-1, which are outlined in the Programmatic Consultation for USACE 404 Permitted Projects that May Affect Four Endangered Plant Species on the Santa Rosa Plain, California (File Number 223420N) (USFWS, 2007).

Analytical Environmental Services 5-8 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

TABLE 5-21 SUMMARY OF MITIGATION RATIOS FOR THE FEDERALLY LISTED PLANTS OF THE SANTA ROSA PLAIN* Impact to: Occupied Habitat Suitable Habitat Compensation Compensation Burke’s goldfields 3:1 occupied or established 1:1 occupied or established OR habitat (any combination) with habitat (any combination) with Sonoma sunshine success criteria met prior to success criteria met prior to groundbreaking at project site groundbreaking at project site AND 0.5:1 established habitat with success criteria met prior to groundbreaking at project site. Sebastopol meadowfoam 2:1 occupied or established 1:1 occupied or established habitat (any combination) with habitat (any combination) with success criteria met prior to success criteria met prior to groundbreaking at project site groundbreaking at project site AND 0.5:1 established habitat with success criteria met prior to groundbreaking at project site. Source: USFWS, 2007 Note: *According to the USFWS Biological Opinion issued for the 2007 Consultation, “This Programmatic will not cover the many-flowered navarretia because of its limited distribution [on the Santa Rosa Plain].” (USFWS, 2007:4)

5.4.4 NESTING MIGRATORY BIRDS

The following mitigation measures are recommended for Alternatives A, B, and C to avoid and/or reduce impacts to any potentially occurring migratory bird species within the project site:

. If any construction activities are scheduled to occur during the nesting season (February 15 – August 31), pre-construction bird surveys shall be conducted. Pre- construction surveys for any nesting bird species shall be conducted by a qualified wildlife biologist, throughout all areas of suitable trees and habitat that are within 500 feet of any proposed construction activity, including oak trees slated for removal. The surveys shall occur no more than 14 days prior to the scheduled onset of construction activities. If construction is delayed or halted for more than 14 days, another pre- construction survey for nesting bird species shall be conducted. If no nesting birds are detected during the pre-construction surveys no additional surveys or mitigation measures are required. . If migratory nesting bird species are observed within 500 feet of the construction area during the surveys, appropriate avoidance setbacks shall be established by the qualified biologist. The size and scale of nesting bird avoidance setbacks is dependent upon the species of nesting bird observed and the habitat that the nest occurs. Avoidance setbacks shall be established around all active nest locations via stakes and high visibility fencing. The nesting bird setbacks shall be completely avoided during the duration of construction activities and the fencing must remain intact. The qualified biologist shall also determine an appropriate monitoring plan and shall decide if

Analytical Environmental Services 5-9 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

construction monitoring is necessary during the duration of construction activities. Again, monitoring requirements are dependent upon the species of nesting birds observed, the habitat in which the nests are contained, and the number of nests observed. The setback fencing may be removed when the qualified biologist confirms that the nest(s) are no longer occupied and all young have fledged. . If impacts (i.e., take) to migratory nesting bird species are unavoidable, consultation with USFWS shall be initiated. Through consultation, an appropriate and acceptable course of action shall be established.

5.5 CULTURAL RESOURCES

The following mitigation measures are recommended for Alternatives A, B, and C to reduce the potential for significant construction-related impacts to previously unknown cultural resources, including archaeological sites, human remains, and/or paleontological resources:

. Should any buried cultural materials (archaeological or paleontological) be uncovered during ground-disturbing project activities, such activities shall cease within 100 feet of the find. Prehistoric archaeological indicators include: obsidian or chert flaked- stone tools and waste flakes (debitage) resulting from the toolmaking process; bedrock outcrops and boulders with mortar cups; ground stone implements (grinding slabs, mortars and pestles); and locally darkened midden soils containing any of the previously listed items plus fragments of faunal bone or shell, fire-affected rocks, and/or unusual amounts of charcoal. Historic period site indicators generally include: fragments of glass, ceramic and metal objects; milled and split lumber; and structural and feature remnants such as building foundations, privy pits, wells, irrigation ditches, and refuse dumps; and old trails. The Lytton Rancheria shall be notified of the discovery and a professional archeologist (or paleontologist, as appropriate) shall be retained to evaluate the find and recommend appropriate treatment measures in consultation with the Lytton Rancheria. Project-related activities shall not resume within 100 feet of the find until all mitigation measures have been approved and completed. . If suspected human remains are encountered, work should halt in the vicinity and the Sonoma County Coroner should be notified immediately. At the same time, the Lead Agency and a qualified archaeologist should be contacted to evaluate the find. If human remains are determined to be of Native American origin, the Coroner must notify the NAHC within 24 hours of this identification. Construction activities shall not resume within 100 feet of the find until the NAHC-designated Most Likely Descendant (MLD) and the Tribe approves and implements a strategy for the appropriate disposition of the remains.

Analytical Environmental Services 5-10 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

. Should paleontological resources be unearthed, a paleontological resource impact mitigation plan (PRIMP) shall be created prior to further earthmoving in the vicinity of the find. The PRIMP shall detail the procedures for collecting and preserving the discovered fossils. Any fossils discovered during construction shall be accessioned in an accredited scientific institution for future study.

5.6 SOCIOECONOMIC CONDITIONS/ ENVIRONMENTAL JUSTICE

No mitigation is necessary for Alternatives A, B, C, or D.

5.7 TRANSPORTATION AND CIRCULATION

The following mitigation measures shall be implemented for Alternatives A, B, or C due to potential impacts for the cumulative plus project traffic conditions in the Year 2030.

. The Tribe shall pay a proportionate share for necessary intersection improvements at the intersection of Windsor River Road and Bell Road (Intersection #6). The improvements shall include, but not limited to, installation of a traffic signal if and when the Town of Windsor determines a signal is warranted. . The Tribe shall pay a proportionate share for intersection improvements at the intersection of Windsor River RoadOld Redwood Highway and the Northbound U.S. 101 Off-Ramp at Lakewood Drive (Intersection #9). Improvements would include the construction of an additional southbound left turn lane, an additional southbound right- turn lane, and restriping the northbound approach to include a shared through-left lane. It is assumed that the project’s equitable share of any planned improvements at this intersection would be calculated based on the methodology set forth in Appendix “B” of the California Department of Transportation “Guide for the Preparation of Traffic Impact Studies.” It is also assumed this will be determined in consultation with Sonoma County, the Town of Windsor and the Tribe. construction of an additional southbound left and right turn lane and the restriping of the northbound U.S. 101 off- ramp to include a shared through-left lane.

5.8 LAND USE

No mitigation would be necessary for Alternatives A, B, C, or D.

Analytical Environmental Services 5-11 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

5.9 PUBLIC SERVICES

Implementation of the protective measures and BMPs described in Section 2.01.9, along with the mitigation measures below, would ensure that the construction and operation of Alternatives A, B, and C would have a less than significant impact on fire and emergency services.

. To minimize the risk of fire and the need for fire protection services during construction, any construction equipment that normally includes a spark arrester shall be equipped with a spark arrester in good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws. . During construction, staging areas, welding areas, or areas slated for development using spark-producing equipment would be cleared of dried vegetation or other materials that could serve as fire fuel. To the extent feasible, the contractor would keep these areas clear of combustible materials in order to maintain a firebreak. . Fire extinguishers shall be maintained onsite and inspected on a regular basis. . An evacuation plan shall be developed for the proposed development in the event of a fire emergency. . Fire hydrants shall be spaced no less than 500-feet apart throughout the developed portions of the site. . Fire alarm and suppression systems installed shall conform to design standards equivalent to the requirements of the California Building and Fire Codes as amended and adopted by Sonoma County. . On-site development shall be generally consistent with Sonoma County Fire Safe Standards Sections 13-54 through 13-59. . A vegetation management plan shall be prepared by a qualified professional prior to occupation of any residences. The plan shall include, at a minimum, defensible space zones, identification of vegetation types, replacement of non-native flammable vegetation with fire resistive vegetation, and a maintenance program for all vegetation. The Tribe shall approve the plan and pass a resolution that requires that it will be implemented and maintained. Prior to approving the plan, the Tribe shall submit it to the County Fire Chief for review. . The Tribe shall arrange and coordinate with local law enforcement and emergency services if needed to assist with large events held at the proposed community center.

If Alternative A is selected, the Tribe and the Town of Windsor shall enter into a mutually agreeable binding service contract for the provision of water and sewer service to the project.

Analytical Environmental Services 5-12 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

5.10 NOISE

Implementation of the protective measures and BMPs described in Section 2.01.9, along with the mitigation measures below, would ensure that the construction and operation of Alternatives A, B, and C would have a less than significant impact on Noise.

. The Tribe shall restrict construction activities to normal daytime hours (7 a.m. to 7 p.m.), Monday through Saturday, with no work performed on Sundays. . The Tribe shall ensure that construction equipment used at the project site shall be equipped with the best available noise reduction technology feasible, including the use of mufflers on motorized equipment according to the manufacturer’s specifications. . All existing residences within 200 feet of the project site shall be notified at least one day in advance of construction that is proposed to take place within 300 feet of the residence. . Stationary noise-producing equipment such as compressors and generators shall be placed as far as practical from homes, and shielding shall be provided between any such equipment and homes when it is necessary to operate the equipment closer than 200 feet from a home. . On-site water reclamation facility equipment shall be shielded or enclosed.

5.11 HAZARDOUS MATERIALS

The mitigation measures listed below are recommended to reduce potential impacts associated with construction and operation of Alternatives A, B, and C.

. Potentially hazardous materials, including fuels, shall be stored away from drainages and secondary containment shall be provided for all hazardous materials during construction. . A spill prevention and countermeasure plan shall be developed which shall identify proper storage, collection, and disposal measures for potential pollutants (such as fuel storage tanks) used onsite, as well as the proper procedures for cleaning up and reporting of any spills. . Vehicles and equipment used during construction shall be provided proper and timely maintenance to reduce potential for mechanical breakdowns leading to a spill of materials into water bodies. Maintenance and fueling shall be conducted in an area that meets the criteria set forth in the spill prevention plan. . Before development begins on the propertythe parcels are taken into trust, all items of non-hazardous debris shall be removed for the site and properly disposed of or recycled an appropriate off-site facility. . A hazardous materials storage and disposal plan shall be prepared that contains an inventory of hazardous materials stored and used on site, maintains an emergency

Analytical Environmental Services 5-13 Lytton Property Residential Development May 2011 Final Environmental Assessment 5.0 Mitigation Measures

response plan for a release and disposal of unused hazardous materials, and provides provisions specifying employee training in safety and emergency response procedures.

5.12 VISUAL RESOURCES

No mitigation is necessary for Alternatives A, B, or C.

Analytical Environmental Services 5-14 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 6.0 CONSULTATION, COORDINATION, AND LIST OF PREPARERS SECTION 6.0 CONSULTATION, COORDINATION, AND LIST OF PREPARERS

6.1 FEDERAL AGENCIES CONSULTED

United States Department of Interior – Bureau of Indian Affairs John Rydzik, Chief, Division of Environmental, Cultural Resource Management and Safety, Pacific Regional Office Patrick O’Mallan, Environmental Protection Specialist, Pacific Regional Office

United States Environmental Protection Agency, Region 9

David Smith, NPDES Permits Office United States Fish and Wildlife Service Informal consultation, Sacramento Fish and Wildlife Office

Natural Resource Conservation Service Jennifer Gabor

6.2 STATE AGENCIES CONSULTED

California Department of Parks and Recreation, Office of Historic Preservation Wayne Donaldson, State Historic Preservation Officer

California Department of Transportation (CalTrans) Jose Olveda, Local Development, Intergovernmental Review

Native American Heritage Commission Debbie Pilas-Treadway

6.3 TRIBES CONSULTED

Lytton Rancheria Margie Mejia, Chairperson

Mishewal-Wappo Tribe of Alexander Valley Scott Gabaldon, Chairperson

Analytical Environmental Services 6-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 6.0 Consultation and Coordination

Earl Couey, Cultural Resources Manager

Cloverdale Rancheria of Pomo Indians Patricia Hermosillo, Chairperson

Mario Hermosillo Jr., Tribal Environmental Planner

Dry Creek Rancheria of Pomo Indians Harvey Hopkins, Chairperson

The Federated Indians of Graton Rancheria Greg Sarris, Chairperson Gene Buvelot

Frank Ross

Tribal/Individuals Ya-Ka-Ama

Kathleen Smith

6.4 LOCAL AGENCIES CONSULTED

County of Sonoma Planning Department

County of Sonoma Public Works Department County of Sonoma Tax Collector’s Office

Windsor Fire Protection District

Town of Windsor Planning Department Pauletta Cangson, Associate Planner/Code Enforcement

Windsor Unified School District

Steven Herrington, Superintendent Sheryl Feldman

6.5 PREPARERS OF ENVIRONMENTAL ASSESSMENT

Analytical Environmental Services (AES)

Project Director, David Zweig, P.E.

Project Manager, Shelley McGinnis, Chad Broussard Deputy Project Manager, Melissa Oberti, Ona Alminas

Analytical Environmental Services 6-2 Lytton Property Residential Development May 2011 Final Environmental Assessment 6.0 Consultation and Coordination

AES Technical Staff:

Mike Taggart, RPA, Cultural Resources Melinda McCrary, MA, RPA, Cultural Resources

Laura Brown, MS, Cultural Resources (Architectural History)

Damon Haydu, Cultural Resources Jennifer Bowden, Cultural Resources

Shawn Reim, Cultural Resources

Peter Bontadelli, Biological Resources Kristie Haydu, Biological Resources

Kenna Lehmann, Biological Resources

Ben Barker, Biological Resources Ona Alminas, Biological Resources

Adrienne Edwards, PhD, Biological Resources

Jessica Griggs, Biological Resources Bibiana Sparks, Land Resources, Water Resources, Land Use, and Public Services

Melissa Oberti, Socioeconomics, Hazardous Materials, Visual

Ashley Wells, Socioeconomics David Sawyer, Traffic, Agriculture and Land Resources

Erin Quinn, Air Quality and Noise

Dana Hirschberg, GIS, Graphics Glenn Mayfield, GIS, Graphics

Abrams Associates

Stephen Abrams

Adobe Associates, Inc.

David R. Brown, RCE

Tim Schram

Eco:Logic (Stantec)

Steven Beck, P.E.

Mark Hanneman, RG

Analytical Environmental Services 6-3 Lytton Property Residential Development May 2011 Final Environmental Assessment 6.0 Consultation and Coordination

Dale C. Bugenig

Vijay Sundaram, P.E. RGH Consultants, Inc.

Jared J. Pratt, CEG

Eric G. Chase, RPE

Analytical Environmental Services 6-4 Lytton Property Residential Development May 2011 Final Environmental Assessment SECTION 7.0 BIBLIOGRAPHY

SECTION 7.0 BIBLIOGRAPHY

Abrams Associates Traffic Engineering, Inc., 2009. Traffic Impact Study – Windsor Community Sonoma County. May 2009. Walnut Creek, California. Abrams Associates Traffic Engineering, Inc. , 2010. Traffic Impact Study – Windsor Community Sonoma County. Prepared for Analytical Environmental Services. February 2010. Walnut Creek, California.

Adobe Associates, Inc., . 2009. Lytton Residential Development – Preliminary Review and Recommendations. March 2009. Santa Rosa, California.

Adobe Associates, Inc., 2010. Lytton Residential Development – Preliminary Review and Recommendations. FebruaryOctober 2010. Prepared for Analytical Environmental Services. Santa Rosa, California.

Alley, Bowen, & Co. 1880. History of Sonoma County Including Its Geology, Topography, Mountains, Valleys and Streams… Oakland, CA. Republished in 1973 by Charmaine Burdell Veronda, Petaluma, CA.

Analytical Environmental Services (AES). 2007a. Phase I Environmental Site Assessment – Lytton Rancheria Windsor Parcel. May 2007. Sacramento, California.

AES. 2007b. Phase I Environmental Site Assessment for 12.5-Acre Property, Windsor CA. December 2007. Sacramento, California. AES. 2008. Phase I Environmental Site Assessment for 5.0-Acre Property, Windsor, CA. September 2008. Sacramento, California.

AES. 2009a. Cultural Resources Study – Lytton Residential Development. May 2009. Sacramento, California.

AES, 2009b. Phase I Environmental Site Assessment – Lytton Rancheria 22-Acres. January 2009. Sacramento, California.

AES, 2009c. Phase I Environmental Site Assessment for 2.45-Acre Property, Windsor, CA. February 2009. Sacramento, California.

AES. 2009d. Phase I Environmental Site Assessment for 1.25-Acre Property, Windsor, CA. October 2009. Sacramento, California.

AES. 2009e. Phase I Environmental Site Assessment for 2.29-Acre Property, Windsor, CA. October 2009. Sacramento, California.

Analytical Environmental Services 7-1 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

AES. 2010a. Biological Assessment: Lytton Residential Development. Report prepared for Bureau of Indian Affairs. September 2010. Sacramento, California. AES. 2010b. Stream Characterization: Lytton Residential Development Project Site. October 2010. Report prepared for Bureau of Indian Affairs. Sacramento, California

AES. 2010c. Technical Memorandum: Botanical Surveys for the Lytton Residential Development Project Site. Report prepared for Bureau of Indian Affairs. Sacramento, California.

AES. 2010d. Wetland Delineation Report: Lytton Residential Development. Report prepared for the Bureau of Indian Affairs. Sacramento, California.

AES. 2010e. Arbor Survey Report: Lytton Residential Development. Report prepared for Bureau of Indian Affairs. Sacramento, California. AES, 2010f. Cultural Resources Study Addendum: Lytton Residential Development. Report prepared for Bureau of Indian Affairs. October 2010. Sacramento, California.

AES, 2010g. Phase I Environmental Site Assessment – Lytton Rancheria 6.0-Acres. February 2010. Sacramento, California.

AES, 2010h. Phase I Environmental Site Assessment – Lytton Rancheria 4.11-Acres. March 2010. Sacramento, California. AES, 2010i. Phase I Environmental Site Assessment – Lytton Rancheria 20.0-Acres. May 2010. Sacramento, California.

Analytical Environmental Services (AES), 2007a. Phase I Environmental Site Assessment – Lytton Rancheria Windsor Parcel. May 2007. Sacramento, California.

AES, 2007b. Phase I Environmental Site Assessment for 12.5-Acre Property, Windsor CA. December 2007. Sacramento, California. AES, 2008a. Phase I Environmental Site Assessment for 5.0-Acre Property, Windsor, CA. September 2008. Sacramento, California.

AES, 2009a. Arbor Survey – Lytton Residential Development. July 2009. Sacramento, California.

AES, 2009b. Biological Assessment – Lytton Residential Development. July 2009. Sacramento, California.

AES, 2009c. Cultural Resources Study – Lytton Residential Development. May 2009. Sacramento, California.

AES, 2009d. Phase I Environmental Site Assessment – Lytton Rancheria 22-Acres. January 2009. Sacramento, California.

Analytical Environmental Services 7-2 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

AES, 2009e. Phase I Environmental Site Assessment for 2.45-Acre Property, Windsor, CA. February 2009. Sacramento, California. AES, 2009f. Wetland Delineation – Lytton Residential Development. July 2009. Sacramento, California.

AES, 2009g. Technical Memorandum: Botanical Surveys – Lytton Residential Development. July 2009. Sacramento, California.

Barrett, Samuel A. 1908. The Ethnogeography of Pomo and Neighboring Indians. University of California Publications in American Archaeology and Ethnology 6(1):1-332. Berkeley, California.

Bay Area Air Quality Management District (BAAQMD), 2010. CEQA Air Quality Guidelines, Adopted June 2010. BAAQMD. 2008. Ambient air quality standards, last revised: May 29, 2008. Available at: http://www.baaqmd.gov/pln/air_quality/ambient_air_quality.htm. Accessed: October 2008. BAAQMD. 2006. Source Inventory of Greenhouse Gas Emissions, 2006. Available online at: http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/Climate%20Protec tion%20Program/ghg_emission_inventory.ashx. Viewed on: January 25.2010. Bean, L. J. and D. Theodoratus. 1974. Cultural Diversity in Early Central California: A View from the North Coast Ranges. Journal of California Anthropology 1(1):41-53.

Bean, L. J. and D. Theodoratus. 1978. Western Pomo and Northeastern Pomo. In California, edited by Robert F. Heizer, pp 289-305. Handbook of North American Indians, vol. 8, William C. Sturtevart, general editor, Smithsonian Institution, Washington, D.C.

Beedie, William L. 1978. Windsor: History and Happenings. Windsor, CA, Windsor Smithy Press.

Best, Catherine, (ed.). 1996. A Flora of Sonoma County. California Native Plant Society. Sacramento, California.

Bolt, Beranek and Newman. 1971. Noise from Construction Equipment and Operations, Building Equipment and Home Appliances.

Bowers, A. 1867. Map of Sonoma County, California. 2nd edition. A. Bowers.

Bureau of Indian Affairs (BIA). 2005. 59 IAM 3-H: National Environmental Policy Act Handbook. Adopted May 6, 2005.

California Air Resource Board (CARB). 2008a. Ambient Air Quality Standards. Last revised: June 27, 2008. Available at: http://www.arb.ca.gov/research/aaqs/aaqs.htm. Accessed: October 2008.

Analytical Environmental Services 7-3 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

CARB. 2008b. Top 4 Summary. Available at: http://www.arb.ca.gov/adam/cgi- bin/db2www/adamtop4b.d2w/Branch. Accessed: October 2008. CARB. 2008c. Sonoma County – Outer Continental Shelf – 100 Miles Air Basin. Available at: http://www.arb.ca.gov/app/emsinv/emseic1_query.php?F_DIV=-4&F_YR=2006 &F_ SEASON=A&SP=2007&F_COAB=Y&F_AREA=CO&F_CO=49&F_DD=Y. Accessed: October 2008.

California Center for Leadership. 2007. California Regional Progress Report 2007. California Center for Regional Leadership in Partnership with Caltrans, CALCOG, and U.C. Davis. Available at: http://www.calregions.org/regcivic/indicators.html. Accessed: October 2008.

California Department of Conservation (CDC). 2004. A Guide to the Farmland Mapping and Monitoring Program. Available at: http://www.consrv.ca.gov/ dlrp/ fmmp/ Documents/ fmmp_guide_2004.pdf. Accessed: October 2008.

CDC. 2006. Sonoma County Important Farmland 2006. Available at: ftp://ftp.consrv.ca.gov/pub /dlrp/FMMP/2006/. Accessed: February 2009.

CDC. 2008. Williamson Act: Questions and Answers. Available at: http://www.consrv.ca.gov/ dlrp/lca/Documents/WA%20fact%20sheet%2006.pdf. Accessed: October 2008. California Department of Finance. 2010. E-5 Population and Housing Estimates for Cities, Counties and the State, 2001-2009, with 2000 Benchmark. Sacramento, California, May 2010. Available online at: http://www.dof.ca.gov/research/demographic/reports/estimates/e-5/2001-10/. Accessed November 11, 2010.

California Department of Fish and Game (CDFG). 2003. California Natural Diversity Database: RareFind 3, Version 3.0.51. Available at: http://www.dfg.ca.gov/ biogeodata/ cnddb/ rarefind.asp. Accessed: October 2008December 2009. CDFG. 2010. Anadromous Fish and Habitat Data Program. Cal Fish, Passage Assessment Database. Available online at: http://www.calfish.org/DataandMaps/CalFishGeographicData/tabid/91/Default.aspx. Accessed: March 2010. California Department of Forestry and Fire Protection (CALFIRE). 2005. Sonoma Air Attack Base. Available at: http://www.fire.ca.gov/about/downloads/air_attack_bases/ Sonoma.pdf. Accessed: October 2008.

California Integrated Waste Management Board (CIWMB). 2007. Waste Disposal Rates for Business Types. Available at: http://www.ciwmb.ca.gov/WASTECHAR/DispRate.htm. Accessed: October 2008.

Analytical Environmental Services 7-4 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

California Native Plant Society (CNPS). 2009. Inventory of Rare and Endangered Plants- Sacramento, California. Available at: http://cnps.web.aplus.net/cgi- bin/inv/inventory.cgi/Html?item=checkbox_9.htm#q9. Last copyrighted 2008. Last aAccessed: July December 24, 2009.

California Office of Historic Preservation. 1976. California Inventory of Historic Resources. State of California Department of Parks and Recreation, Sacramento.

California Office of Historic Preservation. 1988. Five Views: An Ethnic Historic Site Survey for California. State of California Department of Parks and Recreation, Sacramento. California Office of Historic Preservation. 1990. California Historical Landmarks. State of California Department of Parks and Recreation, Sacramento.

California Office of Historic Preservation. 1992. California Points of Historical Interest. State of California Department of Parks and Recreation, Sacramento.

California Office of Historic Preservation. 2007. Historic Properties Directory, Listing by City through February 2007. State of California Office of Historic Preservation, Sacramento. California State Parks (CSP). 2008a. Austin Creek State Recreation Area. Available at: http://www.parks.ca.gov/default.asp?page_id=452. Accessed: October 2008.

CSP. 2008b. Armstrong Redwoods State Natural Reserve. Available at: http://www.parks.ca.gov/default.asp?page_id=450. Accessed: October 2008.

CalFish. 2009. Anadromous Fish Passage Database. Available at: http://www.calfish.org/ ProgramsandProjects/FishPassageAssessment/tabid/97/Default.aspx. Accessed: February 2009.

Cardwell, G.T., 1958. Geology and Ground Water in Santa Rosa and Petaluma Valley Areas, Sonoma County, California: U.S. Geol. Survey Water-Supply Paper 1427. CH2M Hill. 1998. Final Training Manual to Evaluate Habitat Quality of Vernal Pool Ecosystem Sites in Santa Rosa Plain. Report prepared for the U.S. Army Corps of Engineers.

CH2M Hill. 2008a. Eastside Road Storage Project Draft Supplemental Environmental Impact Report. Prepared for the Town of Windsor. May 2008.

CH2M Hill. 2008b. Eastside Road Storage Project Final Supplemental Environmental Impact Report. State Clearing House number 2007112013. Prepared for the Town of Windsor. October 2008.

Chapman, R.H., and C.C. Bishop. 1988. Bouguer Gravity Map of the Santa Rosa Quadrangle, California, 1:250,000. Regional Geophysical Map Series, Map No. 2B. California Divisions of Mines and Geology, Sacramento.

Analytical Environmental Services 7-5 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Coastal Valley Emergency Medical Services (EMS) Agency. 2008. About the Agency. Available at: http://www.sonoma-county.org/cvrems/About.htm. Accessed: October 2008.

Coleman, Dina, Lorinda Miller, Curt Duke, Loyd Sample, Michael Newland, D. Gadsby, Noelle Storey, Joy Longfellow, and Brian Gassner. 2000. Cultural Resources Survey Report, the Santa Rosa Geysers Recharge Project, Alternative Alignments, Sonoma County, California. Document on file at the Northwest Information Center, Rohnert Park.

Council on Environmental Quality (CEQ). 1997a. Draft memorandum, Guidance Regarding Considering of Global Climatic Changes in Environmental Documents Prepared Pursuant to the National Environmental Policy Act, 1997.

CEQ. 1997b. Considering Cumulative Effects Under the National Environmental Policy Act. Documents Prepared by the Council on Environmental Quality, 1997.

CEQ, 1997c. Environmental Justice Guidance Under the National Environmental Policy Act. Council on Environmental Quality (CEQ). December 10, 1997. Department of Water Resources (DWR). 2004. Bulletin 118. Available at: http://www.dpla2.water.ca.gov/publications/groundwater/bulletin118/basins/pdfs_desc/1- 55.01.pdf. Accessed: October 2008. DWR. 2008. Groundwater Data. Available at: http://wdl.water.ca.gov/gw. Accessed: November 2008.

ECO:LOGIC Engineering. 2009a2010a. Lytton Rancheria Water and Wastewater Feasibility Study. May 2009,Updated October, 2010. Rocklin, California.

ECO:LOGIC Engineering. 2009b2010b. Lytton Rancheria Project – Hydrogeologic Investigation Report. May 2009, Updated September, 2010. Reno, Nevada. Ed-Data. 2010. District Profile: Windsor Unified School District. Available online at: http://www.ed- data.k12.ca.us/Navigation/fsTwoPanel.asp?bottom=/searchpage.asp?searchtype=keyword Accessed November 11, 2010.

Engdahl, Jane M.. n.d. History. Excerpted from The Project Windsor Report with permission from The Windsor Historical Society. Town of Windsor Official Website. Available at: http://www.ci.windsor.ca.is/index.asp?nid=439. Accessed: October 2008.

Federal Emergency Management Agency (FEMA) 2008. Flood Insurance Rate Map (FIRM) Map Number 06097C0561E and 06097C0562E. Effective Date 12/02/2008. Available at: http://msc.fema.gov/webapp/wcs/stores/ servlet/FemaWelcomeView?storeId=10001 &catalogId=10001&langId=-1. Accessed: October 2008.

Analytical Environmental Services 7-6 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Federal Highway Administration (FHWA), 2006. FHWA Highway Construction Noise Handbook. Available at: http://www.fhwa.dot.gov/environment/noise/ handbook/ index.htm. Accessed: October 2008.

Finley, E. 1937. History of Sonoma County, California. Press Democrat, Santa Rosa.

Fire and Resource Assessment Program (FRAP). 2007. Map of Sonoma County’s Proposed Fire Hazards Severity Zones in SRA. Available at: http://www.fire.ca.gov/fire_prevention/ fhsz_maps/fhsz_maps_sonoma.php. Accessed: October 2008.

Fray, Barbara. 2004. Images of America: Windsor. Charleston, SC. Arcadia Publishing. Frederickson, David. 1974. Cultural Diversity in Early Central California: A View from the North Coast Ranges. Journal of California Anthropology 1(1):41-53.

Fredrickson, David. 1984. The North Coastal Region. In California Archaeology, edited by M. Moratto. Academic Press, San Francisco.

Garrison, Barrett A.; otahal, Christopher D.; Triggs, Matthew L. 2002. Age structure and growth of California black oak (Quercus kelloggii) in the central Sierra Nevada, California. In: Standiford, Richard B., et al, tech. editor. Proceedings of the Fifth Symposium on Oak Woodlands: Oaks in California's Challenging Landscape. Gen. Tech. Rep. PSW-GTR- 184, Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture: 665-679

Gerike, Christian, Seana L.S. Gause, Suzanne Stewart, and Katherine Johnson. 1996. Cultural Resources Study for Santa Rosa Subregional Long-term Wastewater Project. Anthropological Studies Center, Sonoma State University Academic Foundation, Inc., Rohnert Park, California. Submitted to Harland Bartholomew and Associates, Inc.

Gerike, Christian, and Sara E.P. Gillies. 2000. Plan for Evaluation of Cultural Resources, Santa Rosa Geysers Recharge Project, Sonoma County, California. Document on file at the Northwest Information Center, Rohnert Park.

Gudde, Erwin G. 1998. California Place Names: The Origin and Etymology of Current Geographical Names. Fourth edition. University of California Press, Berkeley.

Hickman, James C., (ed.). 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, California.

Holland, Robert. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. State of California, The Resource Agency Department of Fish and Game. October 1986. Hoover, M.B., H.E. Rensch, E.G. Rensch, and W.N. Abeloe. 1990. Historic Spots in California. Fourth edition, revised by Douglas E. Kyle. Stanford University Press, Stanford, California.

Analytical Environmental Services 7-7 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Hurtado, Albert L.. 1988 Indian Survival on the California Frontier. Yale University Press, New Haven and London. Institute of Transportation Engineers (ITE). 20032008. Trip Generation, 8th edition. Institute of Traffic Engineers (ITE), 20032008. Intergovernmental Panel on Climate Change (IPCC). 2007. Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Available from http://www.ipcc.ch/ Accessed: October 2010.

Jameson, E. W., Jr. and Peeters, H.J. 2004. Mammals of California, rev. ed. University of California Press, Berkeley, California. Kroeber, Alfred L. 1953. Handbook of the Indians of California: The Pomo. Berkeley: California Book Company.

Kroeber, Alfred L. 1976. Handbook of the Indians of California. Reprinted. Dover, New York. Originally published 1925, Bureau of American Ethnology Bulletin 78. Smithsonian Institution, Washington, D.C.

Longfellow, Joy and Christian Gerike. 2004 Cultural and Paleontological Resources Monitoring 2000-2003, The Geysers Recharge Project, Sonoma County, California. Document on file at the Northwest Information Center, Rohnert Park.

Mayer, Kenneth and Laudenslayer, W. 1988. A Guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection. Sacramento, California.

McAlester, V. and L. McAlester. 2002. A Field Guide to American Houses. Alfred A. Knopf, New York. McLendon, Sally and Robert L. Oswalt. 1978. Pomo. In California, edited by Robert F. Heizer, pp. 274-288. Handbook of North American Indians, vol. 8, William C. Sturtevart, general editor. Smithsonian Institution, Washington, D.C. Meighan, C. 1955. Archaeology of the North Coast Ranges, California. Reports of the University of California Archaeological Survey No. 30. University of California, Berkeley.

Miller, V. 1972 . Soil Survey of Sonoma County, California . U.S. Department of Agriculture in co-operation with the University of California Agricultural Experiment Station.

Milliken, R. 1995. A Time of Little Choice: A Disintegration of Tribal Culture in the San Francisco Bay Area. Ballena Press, Menlo Park, California.

Moratto, Michael, J. 1984 California Archaeology. Second printing 2004. Reprinted with permission of the author by Coyote Press, Salinas, California.

Natural Resources Conservation Service (NRCS). 2003. Field indicators of hydric soils in the United States: Guide for identifying and delineating hydric soils. Version 5.01.Available at: http://www.itc.nl/~rossiter/Docs/NRCS/FieldIndicators_v5_01.pdf.

Analytical Environmental Services 7-8 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

NRCS. 2008a. Custom Soil Resource Report for Sonoma County, California. United States Department of Agriculture. NRCS. 2008b, Farmland Protection Policy Act. Available at: http://www/nrcs.usda.gov/ programs/fppa. Accessed: October 2008. NRCS, 2010. Soil Survey of Sonoma County, California. Available online at: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed: September 2010. Norris, R. M. and Robert Wels. Geology of California. John Wiley and Sons, Inc. Second edition. North Coast Water Quality Control Board (NCWQCB). 2007a. Basin Plan. Available online at: http://www.swrcb.ca.gov/northcoast/water_issues/programs/basin_plan/. Accessed: October 2008. NCWQCB. 2007b. Russian River TMDLs. Available at: http://www.swrcb.ca.gov/ northcoast/water_issues/programs/tmdls/russian_river. Accessed: October 2008.

NCWQCB. 2007c. Executive Officer’s Summary Report for June 14, 2007. Ode, P.R. 2007. Standard Operating Procedures for Collecting Macroinvertebrate Samples and Associated Physical and Chemical Data for Ambient Bioassessments in California. California State Water Resources Control Board Surface Water Ambient Monitoring Program (SWAMP) Bioassessment SOP 001. February, 2007.

Office of Education. 2010. Sonoma County. Windsor Unified School District List of Schools. Available online at: http://www.scoe.org/pub/htdocs/finddistrict.html?district=102. Accessed November 11, 2010.

Origer, T. 1991. An Archaeological Survey for the AT&T Fiber Optics Cable, San Francisco to Point Arena, California. Document on file at the Northwest Information Center, Rohnert Park.

Parmelee, R. 1962. Sonoma Valley Railroad. The Western Railroader, Vol. 25, No. 9. San Mateo.

Piper Jaffray. 2010. Windsor Unified School District (Sonoma County, California) Taxable Direct-Pay: Qualified School Construction General Obligation Bonds. 2008 Election, Series C. Available online at: http://www.nhainc.net/sales/2010/Windsor%20USD/windsorfos.pdf. Accessed November 11, 2010. Page 7.

Powers, Stephen. 1877. Tribes of California. Washington D.C.: U.S. Department of the Interior, Geographical and Geological Survey of the Rocky Mountain Region, Contributions to North American Ethnology, III. (Reprinted 1976 as Tribes of California. Berkeley and Los Angeles: University of California Press.)

Analytical Environmental Services 7-9 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Reynolds, W. and T. Proctor. 1898. Illustrated Atlas of Sonoma County, California. Reynolds and Proctor, Santa Rosa. RGH Consultants, Inc., 2008. Preliminary Geologic/Geotechnical Study Report – Lytton Windsor Residential Development 1650 and 1800 Windsor River Road, Windsor, California. Final. Project Number: 2676.01.01.1. October 2008. Santa Rosa, CA. Rippey, Deborah, and Leslie Jang. 1982. Site Record for CA-SON-1388. Record on file at the Northwest Information Center, Rohnert Park.

Robertson, Donald B. 1998. Encyclopedia of Western Railroad History, Volume IV: California. Caldwell, ID, The Caxton Printers, Ltd.

Roeser, E. 2010. Sonoma County Tax Accounting Manager. Personal communication, October 2010. Russian River Watershed Council (RRWC). 2006a. Hydrology. Available at: http://www.russianriverwatershed.net/Content/10065/Hydrology.html. Accessed: November 2008. RRWC. 2006b. Climate. Available at: http://www.russianriverwatershed.net/ Content/10067/Climate.html. Accessed: November 2008.

Ryan, Patricia A. and Rodger H. Werner. 1990. Cultural Resources Survey of the Proposed Jordan Sparkling Wine Company’s Eastside Road Facility, near Windsor, Sonoma County, California. Document on file at the Northwest Information Center, Rohnert Park. Sacramento Fish and Wildlife Office. 1996. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants. Available at: http://www.fws.gov/sacramento/es/documents/listed_plant_survey_guidelines.htm. Accessed: November 2008. Sawyer, J.O., Keeler-Wolf, T. and J. M. Evans, 2009. A Manual of California Vegetation. Second Edition. California Native Plant Society Press, Sacramento, California. Sawyer, John and Keeler-Wolf, T. 1995. A Manual of California Vegetation. California Native Plant Society. Sacramento, California.

Sibley, D. A. 2003. The Sibley Field Guide to Birds of Western North America. Alfred A. Knopf, Inc., New York, New York.

Snowdon et al., 2002. Terms and Pathways for Assessing and Reporting Forest Carbon Change. Available at: http://www.fao.org/DOCREP/ARTICLE/WFC/XII/0865-B1.HTM. Accessed November 16, 2009.

Analytical Environmental Services 7-10 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Sonoma County Permit and Resource Planning Department, 2010. ActiveMap interactive mapping application for General Plan, land use and zoning. Available from http://www.sonoma-county.org/prmd/activemap/index.htm Accessed: August 2010.

Sonoma County Transportation Authority. 2008. Countywide Bicycle and Pedestrian Maser Plan. Available at: http://www.sctainfo.org/Bike_Main_files/ pdf/countywide_bicycle_ped_masterplan_overview.pdf. Accessed: October 2008.

Sonoma County, . 1999. Sonoma County Municipal Code Ordinance No. 5203 § 5 “Sonoma County Right to Farm.” Adopted in 1999. Available at: http://municipalcodes.lexisnexis.com/codes/sonomaco. Accessed: October 2008.

Sonoma County. 2007. Sonoma County Crop Report. Available at: http://www.sonoma- county.org/agcomm/crop_report.htm. Accessed: February 2009. Sonoma County. 2008. Sonoma County General Plan 2020; updated December 2009. Available at: http://www.sonoma-county.org/prmd/gp2020/adopted/index.htm. Accessed: October 20082010. Sonoma County. 2010. County of Sonoma Treasurer-Tax Collector. Query available from http://www.sonoma-county.org/tax/proptax_pay.htm Accessed: October 2010.

Sonoma County Sheriff’s Department Office (SCSDSCSO). 2009. General information available at : http://www.sonomasheriff.org/. Accessed: February 2009.

Sonoma County Zoning Code (SCZC). 1993a. Article 16: AR Agriculture and Residential District. Available at: http://www.sonoma-county.org/prmd/docs/zoning/article_16.htm. Accessed: October 2008.

Sonoma County Zoning Code (SCZC). 1993b. Article 10. RRD Resources and Rural Development. Available at: http://www.sonoma-county.org/ prmd/docs/ zoning/ article_10.htm. Accessed: October 2008.

State of California, Department of Finance. E-5 Population and Housing Estimates for Cities, Counties and the State, 2001-2008, with 2000 Benchmark. Sacramento, California, May 2008.

State of California, Department of Transportation (CalTrans). 2002. Guide for the Preparation of Traffic Impact Studies, December 2002. Available from http://www.dot.ca.gov/hq/traffops/developserv/operationalsystems/reports/tisguide.pdf Accessed: October, 2010.

State Water Resources Control Board (SWRCB). 2009. SWRCB Resolution No. 2009-0011 – Adoption of Policy for Water Quality Control for Recycled Water. Available from http://www.swrcb.ca.gov/board_decisions/adopted_orders/resolutions/2009/rs2009_0011. pdf Accessed: October 2010.

Analytical Environmental Services 7-11 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Stebbins, R.C. 2003. Western Reptiles and Amphibians, 3rd ed. Houghton Mifflin, Boston, Massachusetts. Thompson, Kevin. 2009. Senior Planner. Personal Correspondence. March 17. 2009.

Thompson, R. 1884. Map of Sonoma County, California. R.A. Thompson, Sonoma.

Thompson, T.H. & Co. 1877. Historical Atlas Map of Sonoma County, California. T.H. Thompson & Co., Oakland, California.

True, D.L. 1975. Archaeological Surveys, Windsor County Water District, Windsor, California. Document on file at the Northwest Information Center, Rohnert Park. Town of Windsor, California. 19962005, . Town of Windsor General Plan, 2015. Last revised: 2005. Available at: http://www.ci.windsor.ca.us/index.asp?NID=385. Accessed: September 20082010. Town of Windsor, California. 2008a. Town of Windsor, California History. Last revised: 2008. Available at: http://www.ci.windsor.ca.us/index.asp?nid=439 . Accessed: September 2008. Town of Windsor, California. 2008. 2007 Consumer Confidence Report: Drinking Water Quality. Available at: http://www.ci.windsor.ca.us/DocumentView.asp?DID=936. Accessed: November 2008. Town of Windsor, California. 2009. Town of Windsor Planning Commission, Minutes from the March 10, 2009 regular meeting.

Town of Windsor, California. 2010. Redevelopment Information. Available online at: http://www.ci.windsor.ca.us/. Accessed November 11, 2010.

Traffic Noise Calculator. 2007. Application to calculate noise from traffic. Available at: http://www.xs4all.nl/~rigolett/ENGELS/vlgcalc.htm. Accessed: January 2009. University of California Museum of Paleontology (UCMP). 2008. Online Collections Database. University of California, Berkeley. Available at: http://ucmpdb.berkeley.edu/. Accessed September 3, 2008

Urban Emissions (URBEMIS). 2007. Air quality emission estimation program, version 9.2.4, Available at: http://www.urbemis.com/.

U.S. Army Corps of Engineers (USACE), Sacramento District. 2001. Minimum Standards for Acceptance of Preliminary Wetland Delineations. Dated November 30, 2001

USACE. 2006. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Ed. J.S. Wakeley, R.W. Lichvar, and C.V. Noble. ERDC/EL TR-06-16. Vicksburg, MS: U.S. Army Engineer Research and Development Center.

Analytical Environmental Services 7-12 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

USACE. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). ed. J.S. Wakeley, R.W. Lichvas, and C.V. Noble. ERDC/EL TR-08-28. Vicksburg, MS: U.S. Army Engineer Research and Development Center.

U.S. Census Bureau, 2000a. Census 2000 Demographic Profile Highlights, Windsor, California. Available at: http://factfinder.census.gov/servlet/ SAFFFacts?_event=Search &geo_id=&_geoContext=&_street=&_county=95492&_cityTown=95492&_state=04000 US06&_zip=95492&_lang=en&_sse=on&pctxt=fph&pgsl=010&show_2003_tab=&redir ect=Y. Accessed: October 2008.

U.S. Census Bureau. 2000b. Census 2000 Demographic Profile Highlights, Sonoma County. Available at: http://factfinder.census.gov/servlet/ACSSAFFFacts?_event= Search&geo_id=&_geoContext=&_street=&_county=sonoma+county&_cityTown=sono ma+county&_state=04000US06&_zip=&_lang=en&_sse=on&pctxt=fph&pgsl=010 Accessed: October 2008.

U.S. Census Bureau, 2000c. Poverty Thresholds: 2000. U.S. Census Bureau. Available at: http://www.census.gov/hhes/www/poverty/threshld/thresh00.html. Accessed October 2008.

U.S. Census Bureau. 2006. American Community Survey. Available at: http://factfinder.census.gov/servlet/ADPTable?_bm=y&-context=adp&- qr_name=ACS_2006_EST_G00_DP2&-ds_name=ACS_2006_EST_G00_&- tree_id=306&-redoLog=false&-_caller=geoselect&-geo_id=01000US&-format=&- _lang=en. Accessed: February 2009. U.S. Department of the Interior. 2005. American Indian Population and Labor Force Report. Available at: http://www.doi.gov/bia/docs/ laborforce/ 2003LaborForce ReportFinalAll.pdf. Accessed: October 2008. U.S. Environmental Protection Agency (USEPA). 1998. Final Guidance for Incorporating Environmental Justice Concerns in EPA’s NEPA Compliance Analyses. April 1998. Available at: http://www.epa.gov/oecaerth/resources/policies/ej/ ej_guidance_nepa_epa0498.pdf. Accessed: October 2008.

USEPA. 2007a. National Pollutant Discharge Elimination System for Dry Creek Rancheria. Available online at: http://www.epa.gov/region09/water/npdes/permits.html#tribalcalif . Accessed: November 2008.

USEPA. 2007b. Statement of Basis for Dry Creek Rancheria. Available online at: http://www.epa.gov/region09/water/npdes/permits.html#tribalcalif . Accessed: November 2008.

Analytical Environmental Services 7-13 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

USEPA. 2007c. Municipal Solid Waste Generation, Recycling, and Disposal in the United States: Facts and Figures for 2006. Available at: http://www.epa.gov/osw/ nonhaz/municipal/pubs/msw06.pdf . Accessed: October 2008. USEPA. 2007d. National Pollutant Discharge Elimination System (NPDES) Permit No. CA0023345 (NCRWQCB Order No. R1-2007-0013) for Wastewater Treatment, Reclamation and Disposal Facility, WDID No. 1B037OSON. Issued May 15, 2007. USEPA. 2008a. Listed Water Information for Russian River HU, Middle Russian River HA, Mark West Creek. Available at: http://iaspub.epa.gov/tmdl_waters10/ enviro.control?p_list_id=CAR1142302119990614151221&p_cycle=2006. Accessed: October 2008.

USEPA. 2008b. Listed Water Information for Russian River HU, Lower Russian River HA, Guerneville HSA. Available at: http://iaspub.epa.gov/tmdl_waters10/ enviro.control?p_list_id=CAR1141104119990614110247&p_cycle=2006. Accessed: October 2007.

USEPA. 2008c. Water Discharge Permit for the Town of Windsor. Available at: http://oaspub.epa.gov/enviro/pcs_det_reports.pcs_tst?npdesid=CA0023345&npvalue=1& npvalue=2&npvalue=3&npvalue=4&npvalue=5&npvalue=6&rvalue=13&npvalue=7&np value=8&npvalue=10&npvalue=11&npvalue=12. Accessed: October 2008. U.S. Fish and Wildlife Service (USFWS). 2005a. Santa Rosa Plain Conservation Strategy. Conservation Strategy Team. Santa Rosa, California.

USFWS. 2005b. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon. Portland, Oregon.

USFWS. 2007. Programmatic Biological Opinion for U.S. Army Corps (Corps) of Engineers Permitted Projects that May Affect California Tiger Salamander and Three Endangered Plant Species on the Santa Rosa Plain, California (Corps File Number 223420N). Sacramento, California.

USFWS. 2009. Sacramento Fish and Wildlife Office, Endangered Species Program. Available online at: http://www.fws.gov/sacramento/es/spp_lists/auto_list.cfm. Accessed: July December 2009.

U.S. Green Building Council (USGBC). 2010. Leadership in Energy and Environmental Design (LEED) Criteria and Resources. Available from http://www.usgbc.org/ Last Accessed October 2010.

U.S. Geologic Survey (USGS). 1978. Hydrologic Unit Map, State of California. Geological Survey. Reston, Virginia.

Analytical Environmental Services 7-14 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

USGS. 1982. Digital Compilation of Landslide Overview Map of the Conterminous United States by Radbruch-Hall, Dortothy, et. all. Available at: http://landslides.usgs.gov/learning/nationalmap/index.php. Accessed: September 2008.

USGS. 1989. The Severity of an Earthquake. Available online at: http://pubs.usgs.gov/gip/earthq4/severitygip.html. Accessed: September 2008.

USGS. Photo-revised 1993 (Photo-revised). “Healdsburg, California” 7.5-minute Quadrangle. Geological Survey. Denver, Colorado.

USGS. 2007. Earthquake Hazards Program. Fault Information. Available from http://earthquake.usgs.gov/ Accessed December 2009.

USGS. 2008. USGS Surface Water Statistics for the Russian River. Available at: http://waterdata.usgs.gov/ca/nwis/monthly?referred_module=sw. Accessed: November 2008.

USGS. 2010. National Water Information System Web Interface: Real-time Streamflow Data for Mark West Creek. Available from http://waterdata.usgs.gov/CA/nwis/current/?type=flow Accessed: September 2010.

Weaver, C.E. 1949. Geology and Mineral Deposits of an Area North of San Francisco Bay, California Division of Mines, Bulletin 149. Western Regional Climate Center (WRCC), 2008. Historical Climate Information. Available at: http://www.wrcc.dri.edu/index.html. Accessed: October 2008

Western Regional Climate Center (WRCC). 2007. Historical Climate Information for Healdsburg, California. Available at: http://www.wrcc.dri.edu/cgi- bin/cliMAIN.pl?camary+nca. Accessed: September 2007.

Wetland Training Institute, Inc. 1995. Field Guide for Wetland Delineation; 1987. Corps of Engineers Manual, Glenwood, New Mexico.

Williams and Paddon. 2009. Lytton Band of Pomo Indians: Windsor Community Site Analysis. March 2009.

Windsor Fire Protection District (WFPD), ). California. 2004. 2004 Calls for Service. Available at: http://www.windsorfire.net/images/pdf/05_staffing_reports/ wfpd%202004%20fh%20response%20time%20data.pdf. Accessed: October 2008.

WFPD, California. 2008. History of the Windsor Fire Protection District. Available at: http://www.windsorfire.net/history.htm. Accessed: October 2008.

WFPD. 2011. WFPD Station 2. Available at http://www.windsorfire.net/station_2.htm Accessed: January 2011.

Analytical Environmental Services 7-15 Lytton Property Residential Development May 2011 Final Environmental Assessment 7.0 Bibliography

Windsor Unified School District (WUSD). 2007. Available at: http://www.wusd.org/. Accessed: November 2008. WUSD. 2010. Facilities Utilization Master Plan: 2011-2015. October 1, 2010. Available online at: www.wusd.org/files/FUMP_PDF_Version.pdf. Accessed on November 15, 2010.

Analytical Environmental Services 7-16 Lytton Property Residential Development May 2011 Final Environmental Assessment