Screening Form Low-Effect Incidental Take Permit Determination and National Environmental Policy Act (NEPA) Environmental Action Statement

I. HCP Information

A. HCP Name: OC Reclamation Low-Effect Habitat Conservation Plan

B. Affected Species: Least Bell’s vireo (Vireo bellii pusillus)

C. HCP Size (in stream miles and/or acres): 14-acre project site and 2 acres of offsite mitigation

D. Brief Project Description (including minimization and mitigation plans):

Chandler Sand and Gravel (applicant) proposes to fill an abandoned open pit mine and grade the site to an elevation level with the surrounding community. The HCP does not address potential development of the site beyond filling and grading.

The project site is generally located northwest of the intersection of East Santiago Canyon Road and Cannon Street in the City of Orange, Orange County, California. Santiago Creek bounds the project site on the north; a vacant lot is located to the east; and roads and buildings are located to the south and west.

Up to two pairs of least Bell’s vireo nest within a 2-acre willow (Salix spp.) thicket at the bottom of the abandoned mine pit. Two pairs of coastal California gnatcatchers also occur within coastal sage scrub habitat on site. The project is within the plan area for the Orange County Central and Coastal Subregion Natural Community Conservation Plan/Habitat Conservation Plan (Central Coastal HCP). Impacts to gnatcatcher will be permitted through the Central Coastal HCP; however, impacts to vireo from this project are not covered in the Central Coastal HCP. Therefore, the applicant has proposed the OC Reclamation Low-Effect HCP to address anticipated impacts to vireo.

The project will occur in two phases. During the first phase, the applicant will clear and grub vegetation and re-contour the property. This phase will be conducted outside the least Bell’s vireo breeding season, when the migratory species is not expected to occur within the project limits. A steep, un-vegetated slope currently descends to the toe of the Santiago Creek bank. This slope will be pulled back from its current location, and an elevated bench will be created to allow for a wider floodplain in Santiago Creek. The clearing and grading effort will last approximately 2 months. Habitat restoration and creation will begin immediately following the grading of the project site. Riparian habitat will be created on the new elevated bench, planted primarily with willows, the vegetation preferred by least Bell’s vireo for breeding and foraging. The bottom of the manufactured slope will be planted with mulefat (Baccharis salicifolia), and the upper portion of the slope will be planted with upland coastal sage scrub vegetation, including duff and topsoil salvaged from native vegetation on the site. Non-native plants will be removed from Santiago Creek throughout the property. The second phase of the project will include depositing fill material into the pit over a 5-year period.

The onsite conservation area (i.e., slope, bench, and creek) is 3.36 acres and is located approximately 300 feet north of the existing habitat that would be removed. The goal for the onsite enhancement and creation effort is to provide suitable vireo nesting habitat along and adjacent to Santiago Creek to replace the 2 acres of habitat that will be impacted. The conservation area will result in 1.48 acres of habitat creation along the elevated bench and 1.88 acres of habitat restoration along the slope and creek. The onsite conservation area will be preserved and managed for vireo in perpetuity.

An additional 2 acres of riparian habitat restoration will occur offsite in an area at the headwaters of Aliso Creek known as Saddle Creek, approximately 14 miles to the southeast. The restoration effort at Saddle Creek will include excavating the creek banks that are currently steeply incised and grading benches and shallow sloped banks. The benches and banks will then be planted with willow and mulefat vegetation to provide suitable foraging habitat for least Bell’s vireo and other migratory birds. Habitat restoration will include the removal of non-native plants and installation of native plant species within areas of riparian habitat and riparian-upland transitional habitat. Least Bell’s vireo do not currently occupy Saddle Creek, but they are nesting 0.5 mile downstream at the confluence with Aliso Creek.

Although willows occur within Saddle Creek, the site is relatively dry and it’s uncertain if the restoration effort will provide suitable nesting conditions for vireo. Nevertheless, restoration in Saddle Creek will contribute to the recovery of vireo by providing enhanced foraging and dispersal habitat for occupied nesting locations nearby. The habitat will be preserved and managed in perpetuity.

II. Does the HCP fit the following Department of Interior and Fish and Wildlife Service categorical-exclusion criteria?

A. Are the effects of the HCP minor or negligible on federally listed, proposed, or candidate species and their habitats covered under the HCP?

Yes. Impacts addressed by the HCP will be limited to impacts to up to 2 pairs of vireo from the destruction of 2 acres of occupied habitat. Habitat will be cleared outside the breeding season; nests will be avoided; and no direct mortality is anticipated. The proposed HCP will create and enhance 3.36 acres of onsite nesting habitat to replace the 2 acres that will be destroyed. The created and enhanced habitat is expected to be suitable for vireo nesting, foraging and dispersal within 5 years. Also, 2.0 additional acres of vireo foraging and dispersal habitat will be restored at an offsite location near occupied nesting habitat. The combined conservation area of 5.36 acres will ensure that the impacts of the project to up to 2 pairs of vireo are fully offset and contribute to the long-term conservation of the species. The acreage loss is minor compared to the overall acreage of willow habitat available for vireo in the region and rangewide. While up to 2 vireo territories exist on the proposed project site, the project is not in a location that supports a core population of vireo or provides a major connection between populations. While a temporary loss in onsite vireo reproduction is expected, these effects will be minor or negligible, and the species will benefit long term from the creation, restoration, preservation, and management of 5.36 acres of riparian habitat.

B. Are the effects of the HCP minor or negligible on all other components of the human environment, including environmental values and environmental resources (e.g. air quality, geology and soils, water quality and quantity, socio-economic, cultural resources, recreation, visual resources, environmental justice, etc.), after implementation of the minimization and mitigation measures?

Yes. Construction of the project will include the use of trucks to deposit fill into the abandoned mine pit. The significant elevation difference between the open pit and surrounding community will act to conceal daily truck traffic noise and activity. Equipment will meet tier 4 air quality standards, the highest and most recent standards.

A school occurs across Santiago Blvd. from the project site (see also Section III.A and III.B). During phase I, construction of the berm, trucks entering the site will only occur for the mobilization of equipment and are expected to be few in number. These deliveries would be scheduled during times that do not conflict with normal drop-off and pick-up times for the school. It is estimated that during phase two of the project, filling the pit, there will be 60 truck trips per day – 30 in and 30 out. Ingress route would be along N. Santiago Blvd and egress route would be onto E. Santiago Canyon Road., minimizing the number of truck trips in front of the school to 30 total per day. Operation hours of the facility would occur outside of drop-off and pick-up times for the school to further minimize effects to the school.

A traffic study prepared for the City of Orange in 2009 identified Average Daily Trips (ADT) values for both roadway segments along the frontage of the property. Most of the City’s traffic flow generally runs in an east to west direction. The following data represents the 24-Hour monitored trips recorded within the listed roadway segments:

Cannon Street From Santiago Canyon Road to Taft – ADT = 22,200

Santiago Canyon Road From Cannon to Hewes – ADT = 21,700

The main intersection adjacent to the proposed project site is Cannon Street and Santiago Canyon Road. Peak hour intersection levels of service collected for this study identified most intersections as operating at LOS D, including the Cannon and Santiago Canyon intersection. By adding only an additional 30 truck trips per day, no significant traffic impacts to the adjacent roadway segments and intersection are expected.

No cultural, recreational, or wetland resources were identified on the project site. Socio- economic impacts are not anticipated from the implementation of the project. Air quality will not be significantly impacted because emissions from construction-related activities will be negligible, temporary, and localized.

Conservation activities include excavating soil to create benches allowing for greater riparian plantings just outside high water mark of Santiago Creek and Saddle Creek; therefore, the conservation work will not impact any waters of the United States, including wetlands. Avoidance and minimization measures (e.g., seasonal restrictions and best management practices to limit erosion and sediment runoff) will ensure that the project will not impact water quality within the creeks.

Implementing the HCP will not result in any substantial impact on any other component of the human environment.

C. Would the incremental impacts of this HCP, considered together with the impacts of other past, present, and reasonably foreseeable future actions (regardless of what agency or person undertakes such other actions) not result, over time, in a cumulative effects to the human environment (the natural and physical environment) which would be considered significant?

Yes. The proposed project is a single action that will allow the applicant to reclaim an abandoned mine in compliance with various regulatory requirements and will have negligible or minor effects to the human environment, as described above. We are not aware of any other past, present, and reasonably foreseeable future actions that would cause this project to result in significant cumulative effects to the human environment.

III. Do any of the exceptions to categorical exclusions (extraordinary circumstances) listed in 43 CFR 46.215 apply to this HCP? No

Would implementation of the HCP:

A. Have significant impacts on public health or safety?

No. The HCP supports the issuance of an incidental take permit for the vireo associated with the implementation of a mine reclamation project. The project site is next to a school, but operation hours of the facility would occur outside of drop-off and pick-up times for the school to minimize potential safety concerns. Therefore, this project is not anticipated to have a significant impact on public health or safety.

B. Have significant impacts on such natural resources and unique geographic characteristics as: historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive Order 11990) or floodplains (Executive Order 11988); national monuments; migratory birds, eagles, or other ecologically significant or critical resources?

No. The project site has been used for mining operations for many years. The mine property does not contain unique geographic characteristics, such as large areas of native habitat; historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands; floodplains; national monuments; or other ecologically significant or critical areas. Clearing of vegetation will occur outside of the breeding season for the vireo, which overlaps with other migratory birds, so the project is not anticipated to kill or injure migratory birds. Further, the proposed restoration and conservation will benefit migratory birds in addition to vireo.

C. Have highly controversial environmental effects (defined at 43 CFR 46.30), or involve unresolved conflicts concerning alternative uses of available resources [see NEPA section 102(2)(E)]?

No. The proposed project is consistent with all applicable zoning laws and regulations. The project would not have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources.

The project proponent has coordinated the proposed activities with the adjacent school and received a letter of support from the school.

D. Have highly uncertain and potentially significant environmental effects, or involve unique or unknown environmental risks?

No. The proposed project and implementation of the HCP would result in well-defined impacts to 2 acres of vireo-occupied riparian habitat, as well as the proposed activities to mitigate these impacts. No uncertain and potentially significant environmental effects or unique or unknown environmental risks are associated with the proposed projects.

E. Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects?

No. The proposed HCP and permit would not establish a precedent for future actions or represent a decision in principle about future actions with potentially significant environmental effects. Future similar actions would be reviewed on their own merits.

F. Have a direct relationship to other actions with individually insignificant but cumulatively significant environmental effects?

No. The proposed project is not related to any other known actions.

G. Have significant impacts on properties listed, or eligible for listing, on the National Register of Historic Places?

No. There are no properties listed or eligible for listing on the National Register of Historic Places at or near the project sites.

H. Have significant impacts on species listed, or proposed to be listed, on the List of Endangered or Threatened Species, or have significant impacts on designated Critical Habitat for these species?

No. The project will permanently remove 2 acres of riparian habitat that supports up to 2 pairs of vireo. The HCP will create or restore, preserve and manage in perpetuity 5.36 acres of riparian habitat. The amount of suitable breeding habitat on the project site is a small fraction of the habitat available for vireo in the region or rangewide.

I. Violate a Federal law, or a State, local, or tribal law, or a requirement imposed for the protection of the environment.

No. Implementation of the proposed projects does not threaten to violate any Federal, State, local or tribal law or requirement imposed for the protection of the environment. All other Federal and State regulations shall be adhered to.

J. Have a disproportionately high and adverse effect on low income or minority populations (Executive Order 12898).

No. No low income communities or minority populations will be affected by the projects.

K. Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive Order 13007).

No. There are no federal lands in the permit area or in the vicinity of the site, and the proposed projects are not situated in locations that could limit access to Federal Lands.

L. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112).

No. Non-native invasive species will be removed as a result of the proposed project. Implementing the HCP will restore 3.88 acres of habitat, which will include non-native species removal. As such, no contribution to the introduction, continued existence, or spread of noxious weeds or non-native invasive species is expected to occur as a result of implementing the proposed project, and an overall reduction of non-native species is expected.

IV. ENVIRONMENTAL ACTION STATEMENT [This may be placed elsewhere in a case file according to Regional procedures.]

Within the spirit and intent of the Council on Environmental Quality’s regulations for implementing the National Environmental Policy Act and other statues, orders, and policies that protect fish and wildlife resources, I have established the following administrative record.

Based on the information and analysis above, I determine that the proposed Incidental Take Permit for the OC Reclamation Low-Effect Habitat Conservation Plan qualifies for a categorical exclusion, as defined in 40 CFR 1508.4 and in the U.S. Fish and Wildlife Service Habitat Conservation Planning Handbook. Furthermore, no extraordinary circumstances identified in 43 CFR 46.215 exist for the OC Reclamation Low-Effect Habitat Conservation Plan. Therefore, the Service’s permit action for OC Reclamation Low-Effect Habitat Conservation Plan is categorically excluded from further NEPA review and documentation, as provided by 40 CFR 1507.3; 43 CFR 46.205; 43 CFR 46.215; 516 DM 3; 516 DM 8.5; and 550 FW 3.3C. A more extensive NEPA process is unwarranted, and no further NEPA documentation will be made.

Other supporting documents: 1. OC Reclamation Low-Effect Habitat Conservation Plan

Signature Approval:

______G. Mendel Stewart Date Field Supervisor Carlsbad Fish and Wildlife Office