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HomeMy WebLinkAboutBates 07857-07944 kma+froom+wetland=delineation+report+finalKMA Kevin Merk Associates,LLCP.O.Box 318,San Luis Obispo,California 93406805.748.5837(o)/439.1616(f) Environmental Consulting Services August 4,2015 Dr.Aaron Allen North Coast Branch Chief U.S.Army Corps of Engineers,Los Angeles District Regulatory Branch Ventura Field Office 2151 Alessandro Drive,Suite110 Ventura,California 93001 Subject:Request forPreliminary Jurisdictional Determination for the Froom Ranch Project,San Luis Obispo,California Dear Dr.Allen: On behalf ofJohn Madonna Construction,Inc.,Kevin Merk Associates is submitting thisrequest to confirm the extent of U.S.Army Corps of EngineersCorps)Section 404 Clean WaterAct) jurisdiction on theFroom Ranch project site located in San Luis Obispo,California.Enclosed please find one hard copy and one electronic copyofthe report titled,Froom Ranch APNs067--241--030, 067--241--031)San Luis Obispo,California Delineation ofWaters of the United States and State of California. In summary,the majority of potential Corps jurisdictional areas onsite are ephemeral drainage features located throughout the site.In addition,impoundment of surface andsubsurface flow has created wetland features along both Los Osos Valley Road and CalleJoaquin.Wearecurrently working with John Madonna Construction,their design team and the CityofSanLuisObispoin planning future development ofthesite.We met with Ms.Erin Hanlon of yourstaffrecentlyto introduce her to the proposed project.It is ourhope to get your concurrencewith the findings included in the delineation report so wemaywork with you to assess final impactstoCorps jurisdictional features resulting from future development,and apply for the appropriate Section 404 permit. Thank you in advance for your assistance withthisproject.Please don’t hesitate to contactmeif you have any questions during your review.I will follow up within the nextfewdaystoschedulea field visit soyou or your designated staff member may reviewthis information first hand. Sincerely, Kevin Merk Associates,LLC Kevin Merk Principal Biologist Enclosed:Delineation of Waters of the United States and State ofCaliforniaforthe Froom Ranch Project, San Luis Obispo,California one hard copy andone electronic copy onCD) 07857 07858 FROOM RANCH APNs 067--241--030,067--241--031) SAN LUIS OBISPO,CALIFORNIA DELINEATION OF WATERS OF THE UNITEDSTATES AND STATE OF CALIFORNIA Prepared for: Mr.JohnMadonna John Madonna Construction,Inc. P.O.Box 5310 San Luis Obispo,California 93405 Prepared by: KMA Kevin Merk Associates,LLC P.O.Box 318 San Luis Obispo,California 93406 August 2015 07859 07860 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. i TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 2.0 REGULATORY OVERVIEW AND DEFINITIONS 4 2.1 Federal Regulatory Authority 4 2.2 State Regulatory Authority 5 2.3 Criteria for Wetlands and OtherWaters 5 3.0 METHODS 6 4.0 RESULTS 8 4.1 Site Overview 8 4.2 Vegetation 10 4.3 Soils 12 4.4 Hydrology 15 4.5 Jurisdictional Determination Summary 16 5.0 CONCLUSION 21 5.1 Federal Waters 21 5.2 CDFW Jurisdictional Areas 22 6.0 REFERENCES 23 LIST OF FIGURES Figure 1 Site Location Map 2 Figure 2 Aerial Overview Map 3 Figure 3 Soils Map 14 Figure 4 Wetland Delineation Overview Map 18 Figure 4a Wetland Delineation Map 19 Figure 4b Wetland Delineation Map 20 LIST OF TABLES Table 1 Sample Point Results Summary 17 Table 2 Summary ofJurisdictional Waters of theU.S.22 Table 3 Summary of CDFW Jurisdictional Areas 22 APPENDICES Appendix A Wetland Determination DataForms Appendix B Photo Plate 07861 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 1 1.0 INTRODUCTION Kevin Merk Associates,LLC KMA)conducted a delineation of potential watersoftheUnitedStates for theFroom Ranch in San Luis Obispo County,California.Located atthe edge of the CityofSan Luis Obispo atthesouthwest side ofLos Osos Valley Road LOVR)near the intersectionwith Highway 101,the studyarea covers approximately 111acres and is comprised of two parcels APN 067--241--030,067--241--031).It is composed primarily of undeveloped openspaceused primarily as grazing lands,andalso contains existing buildings and an active mine in thenorthwesternpartof the site.Existing development in the Irish Hills Plaza forms the northernsiteboundary.LOVR forms the eastern study areaboundaryand Calle Joaquinforms the southern boundary along with existing development including Mountainbrook Church and several hotels.Steep terrain thatis part of the Irish Hills Natural Reserve formsthewesternboundary.Please refertoFigure 1,the Site Location Map,and Figure 2,the Aerial Overview Map for additional information. The delineation was conducted to determine the locationandextentoffeatures that meet the jurisdictional criteria for the following federal andstateagencies: U.S.Army Corps of Engineers Corps)criteria as waters of the United States,including wetlands,pursuant to Section 404 of the CleanWaterAct1972). Regional Water Quality Control Board RWQCB)jurisdictionunderSection 401ofthe Clean Water Act,and under thePorter--Cologne Water QualityAct. California Department of Fish and Wildlife CDFW)jurisdiction,undertheCaliforniaFish and Game Code Section 1600etseq. The preliminary jurisdictional determination used standardCorps methodology as detailed in Section 3.0.KMA alsoreviewed relevant background documents,recent and historicaerial photographs of the site,regional andsite--specific topographic maps,Federal Emergency Management Agency Flood Maps,and U.S.Department of Agriculture soils datatobetter characterize the nature and extent of potential regulatory agency jurisdiction.This report is subject to review by the affected agencies and should be submittedtotheCorps,CDFW,and RWQCBfor verification during the permitting phase oftheproject. Portions of the sitehave been the subject of several environmental studies over theyears,including wetland delineation efforts.Previous documents referenced during preparation ofthisreport include: Madonna Eagle Hardware Environmental Impact Report1998); Wetland Restoration and Mitigation Plans Relating to the FroomRanch/HomeDepot Project Olberding Environmental,2002); Calle Joaquin Realignment Wetland Delineation Morro Group,2004); Irish Hills Plaza II Wetland Delineation Map MorroGroup,2004); Froom RanchWetland Assessment Morro Group,2005); Hydrologic Monitoring Plan for Sustaining a Separated Wetland Near CalleJoaquinBalance Hydrologics,2005); Irish Hills Plaza Detention Basin Report WallaceGroup,2006);and Year 5 Wetland Monitoring Reportforthe Froom Ranch/Home Depot Site Olberding Environmental,2007). 07862 Site Location Froom Ranch Figure 1 0 2.5 5 7.5101.25 Kilometers Sources: Sources: National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.© 2013 National Geographic Society, i-cubed 1 inch = 10,000 feet Site Location 0 10020050 Kilometers John Madonna Construction, Inc.Site Location07863 Froom Ranch John Madonna Construction, Inc. Figure 2 Aerial Overview Sources: (c) ESRI and its data providers; City of San Luis Obispo Study Boundary 012525037562.5 Meters 1 inch = 1,500 feet 07864 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 4 2.0 REGULATORY OVERVIEW AND DEFINITIONS 2.1 Federal Regulatory Authority The U.S.Army Corps of Engineers Corps),underprovisions of Section 10 of the RiversandHarbors Act and Section 404 of the Clean Water Act,has jurisdiction over watersoftheUnitedStates”and authorization to issue permits for the discharge of dredged or fill materialintowatersoftheU.S.” Waters of the U.S.”are defined to include:all waters used ininterstateorforeigncommerce, including all waters subject to the ebb and flow of the tide;allinterstatewatersandwetlands;all other waters such as intrastate lakes,rivers,streams,mudflats,sandflats,wetlands,sloughs,wet meadows,playa lakes,or natural ponds,that could affect interstate orforeigncommerce;all impoundments of waters otherwise defined as waters of the U.S.”;tributariesofwatersotherwise defined as waters ofthe U.S.”;territorial seas;and wetlands adjacent towatersoftheU.S.” Waters generally not considered tobeCorps--jurisdictional include non--tidal drainage and irrigation ditches excavated on dry land,artificially--irrigated areas,artificial lakesorponds excavated ondry land used for irrigation or stock watering,small artificial water bodies suchasswimmingpools,and water filled depressions 51 Fed.Reg.41,2171986). In 2001,the Supreme Court Solid Waste Agency of NorthernCookCountyv.U.S.Army Corpsof Engineers)ruled that the Corps exceeded its statutory authority byassertingCleanWaterAct jurisdiction over an abandoned sand and gravel pit in northern Illinois,whichprovideshabitatfor migratory birds.”The Supreme Courtdetermined that non--navigable,isolated,intrastate”waters were not subject to federal jurisdiction based solely on the use ofsuchwatersbymigratorybirds i.e.,solely invoking the Migratory Bird Rule”was insufficient justification)Guzy/Anderson 2001). The Supreme Court further addressed the extent of the Corps’jurisdiction intheconsolidatedcases Rapanos v.United States and Carabell v.United States June 19,2006),referredtoasRapanos.”In Rapanos,a sharply--divided Court issued multipleopinions,none of which garnered thesupportofa majority of Justices.This created substantial uncertainty as to which jurisdictionaltestshouldbe used in routine jurisdictional determinations.The Ninth Circuit CourtofAppeal,which encompasses California,answered this in Northern California River Watch v.CityofHealdsburg August 11,2006).In this case,the Court held that Justice Kennedy’sopinioninRapanosprovided the controlling rule of law.Under that rule,wetlandsorotherwatersthatare not in fact navigable are subject to Corps jurisdiction if they have a significant nexus)towatersthatarenavigablein fact.”Presence of a significant nexus”must bedecidedonacase--by--case basis,depending onsite-- specific circumstances. The U.S.Environmental Protection Agency EPA)and Corps subsequentlydevelopedan instructional guidebook on how to apply these rulings for all future jurisdictionaldeterminations U.S.Army Corps of Engineers and U.S.EPA 2007),andamemorandumproviding guidance to implement the Supreme Court’s decision inRapanos Grumbles and Woodley 2007). Waters of the U.S.determinedbyKMA to be under the jurisdiction ofthe EPA and Corps under the Clean Water Act have thus conformedtotheinstructional guidebook andmemorandum providing guidance to implement the U.S.Supreme Court’s decisioninRapanos.Delineated wetland features that are not adjacent to i.e.,bordering,contiguous,orneighboring)a traditional navigable water TNW)or abutting a relatively permanent water RPW)that is tributary toaTNWarenotlikelyto be subject to federal jurisdiction and are thus determined to not be subject tofederaljurisdiction.It 07865 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 5 is advised to note that the U.S.Supreme Court determined that jurisdictional watersoftheU.S.shall be determined onacase--by--case basis,bytheCorps and EPA),based onadetermination of whether a particular wetland or other water”has a significantnexus”toaTNW. To summarize,the jurisdictional statusdetermination for each potential water of the U.S.feature was evaluated individually in accordance with the Rapanosguidance as follows.If the feature did not have a hydrologic surface connection to a TNW e.g.,a seasonallyinundatedwetlandabutsan RPW and subject RPW conveys surface water to a TNW)or didnotdemonstrateasignificant nexus”to a TNW,itwasnotconsidered subject to federal jurisdiction. This report describes the features onthe property that exhibit the physical characteristics of wetlands or other waters and documents the maximum areal extent of such featuresthat may qualify as waters of theUnited States”and besubject to Corps jurisdiction.The aforementioned federal rulings do not alter the extent of State jurisdiction over watersoftheState”whichare subject toRegional Water Quality Control Board RWQCB]jurisdiction),or rivers,lakes or streams”subject toCalifornia Department ofFish andWildlife CDFW)jurisdiction.State regulatory authority over wetlands and other waters are discussed inthefollowingsection. 2.2 State Regulatory Authority The State Water Resources Control Board andnine Regional Water Quality Control Boards RWQCB)regulate discharges of fill and dredged material in California,underSection401ofthe Clean Water Act,and under the State Porter--Cologne Water Quality Control Act,throughtheState Water Quality Certification Program.State Water Quality Certification is necessaryforallprojects that require a Corps permit,or fall under other federal jurisdiction,and have thepotentialtoimpact waters of the State.Waters of the Statearedefinedbythe Porter--Cologne Act as: any surface water or groundwater,including saline waters,withintheboundaries of the state.” In order for a Section404 Corps)permit to be valid,Section 401 of the Clean WaterActrequiresa Water Quality Certification or waiver to be obtained.The Water Quality Certificationorwaiver) determines that the permitted activities will not violate water quality standardsindividuallyor cumulatively over the term of the action.Water quality certificationmustbeconsistent with the requirements of the Federal Clean Water Act,California Environmental QualityActCEQA), California Endangered Species Act,andPorter--Cologne Act. The CDFW has regulatory authority over any work within rivers,lakesandstreamsintheState of California California Fish and Game Code Sections1601--1603)on public,private and agricultural lands.Features that are regulated by the CDFW include all rivers,streams,or lakesincludingman-- made watercourses with or without wetlands,iftheycontain a definable bed and bankandsupport fish or wildlife resources or contribute to that support.The riparian vegetationassociatedwith rivers,streams,and lakes is also typically included within theCDFWjurisdiction. 2.3 Criteria for Wetlands and Other Waters Hydrophytic vegetation occurs inareas where frequency and duration ofinundationand/or soil saturation exerts a primary controlling influence on plant species composition.Plant species are assigned a wetland indicator status according to the probability of occurrence in wetlands.More 07866 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 6 than fifty percent of the dominant plant species must have awetlandindicatorstatusof Facultative, Facultative Wetland,or Obligate Wetland to meet the hydrophytic vegetation criterion.The National Wetland Plant List:2014 Update of Wetland RatingsNWPL),separates vascular plants into the following four basic categories based on plant species frequency ofoccurrenceinwetlands: Obligate wetland OBL).Occur almost always estimatedprobability99%)under natural conditions in wetlands. Facultative Wetland FACW).Usually occur in wetlands estimatedprobability67%--99%), but occasionally found innon--wetlands. Facultative FAC).Equally likely to occur inwetlandsornon--wetlands estimated probability 34%--66%). Facultative Upland FACU).Usually occurinnon--wetlands estimated probability 67%-- 99%),but occasionally found in wetlands estimated probability1%--33%). Obligate Upland UPL).May occur in wetlands in anotherregion,butoccuralmost always estimated probability 99%)under natural conditionsinnon--wetlands in the region specified. An area is considered to have hydrophytic vegetation when greaterthan50percentofthe dominant species in each vegetative stratum tree,shrub,and herb)are assigned with the FAC, FACW,and/or OBL status categories.Any species not appearingontheNWPL is assumed tobean upland species. Hydric soils occur in areas thataresaturated and/or inundated for a sufficient durationduringthe growing season to develop anaerobic or reducing conditions.Sufficient duration cannot bedefined due to the vast differences inchemistryandmineral composition in soils from site tositeand region to region,but can be as short as twoweeksduringthegrowing season.Field indicators of hydric soils include,but are not limitedto observation ofredoximorphic features e.g., concentrations of oxidized minerals suchasiron)and detection of hydrogen sulphidegas. Documentation ofa soil as hydric mustbeverified in the field. Wetland hydrology typically occurs in areas subject toinundation and/or soil saturation witha frequency and duration long enough to cause the development ofhydricsoilsandplant communities dominated by hydrophytic vegetation.Ifdirect observation of wetland hydrologyis not possible as in seasonal wetlands)or records of wetland hydrology arenotavailablesuchas stream gauges),assessment of wetland hydrology is frequentlysupportedbyprimary and secondary indicators such as surface soil cracks and drainage patterns. Ordinary High Water Mark OHWM)is the line on the shore orbankofan other waters feature that is established by fluctuations and/or flowof water.The OHWM is located through examination of physical characteristics such as a clear natural line impressed on thebank,shelving,changesin the character of soil,destruction of terrestrial vegetation,the presenceoflitteranddebris,and other appropriate physical characteristics that consider thenature of the surrounding area. 3.0 METHODS KMA principal biologist Kevin Merk and senior biologist Bob Sloan conducted the delineation of potential Corps waters of the UnitedStates,”RWQCB waters of theState,”andCDFW jurisdictional areas on thestudy areaduring February and March,2015.The delineation usedthe routine methodology as detailed intheCorps of Engineers Wetlands Delineation Manual Environmental 07867 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 7 Laboratory 1987)and refined in theRegional Supplement to the Corps of EngineersWetland Delineation Manual:Arid WestRegion Version 2.0;U.S.Army Corps of Engineers2008). The Classification of Wetlands and Deepwater Habitats oftheUnitedStates Cowardin 1979)and Wetlands of the Central and Southern California Coast andCoastalWatershed:A Methodology for Their Classification Ferren et al.1995)were also utilized to assistincharacterizingon--site wetlands,other waters,and other potential jurisdictional areas.KMAbiologistsalso reviewed recent and historical aerial photographs depicting the study areaESRI and Google Earth 2015),the U.S.Geological Survey USGS)San Luis Obispo,California 7.5--minute topographic quadrangle U.S. Geological Survey1993),theSoil Survey forSan Luis Obispo County,California National Resources Conservation Service),and the Hydric Soils List for San LuisObispoCounty,California to better determine the nature and extent ofCorps,RWQCB,and CDFW jurisdictional areas onthesite. All potential waters of the U.S.onthestudy area were mapped based onthe presence of positive indicators for hydrophytic vegetation,hydric soilsandwetland hydrology for wetlands,and presence of anOHWMpursuant to Corps regulations 33 CFR 328.3and33CFR328.4)for other waters.The final determination ofpotential waters of the U.S.within the sitewasbasedonthe presence of connectivity toaTNW.CDFW jurisdiction was determined based on theextentofthe bed and bankor riparian canopy associated withFroom Creek,it’stributary channels,andthe LOVR roadside channel. Data observation points wereplaced in representative potential wetland features and adjacent upland areas to characterize theextentoffederal and State jurisdiction i.e.,identify the wetland edge).Information recorded at eachdatapoint location included plant species compositionto determine the presence/absence of hydrophytic vegetation),presence/absence ofindicatorsof wetland hydrology,and in areas containing potential wetland habitat,indicatorsofhydricsoils in accordance with Field Indicators of Hydric Soils in theUnitedStates U.S.Department of Agriculture, Natural Resources Conservation Service2006).A soil pit was excavated at eachdataobservation point,to examine the soil for positive indicators ofhydricsoilsand wetland hydrology.Soil pits were excavated to adepthof14--18 inches during the delineation.Hydric soilswerepresumed absent in areas devoid of hydrophytic vegetation and lack of direct observationofanyhydrologic indicators.Positive evidence of wetland hydrology was evaluated in the field,andincluded observable indicators,such asdrainage patterns,saturated soils in the upper 18 inchesandthe presence of oxidized rhizospheres.Colors ofmoist soils andredoximorphic features were compared with theMunsell®soil color chart and recorded on wetland determination dataforms. Transect locations across the Los Osos Valley Road and Calle Joaquinwetlandandmeadowareas were based on data point locations documented in theCalleJoaquinRealignment Wetland Delineation Morro Group,2004);and Froom Ranch Wetland Assessment MorroGroup,2005).A data point was considered to bewithinaCorps--defined wetland an in”point)if theareacontained all three wetland parameters or criteria,whichincluded a dominance of wetland plant species, positive wetland hydrology indicators,and presence of hydric soil indicators.Ifoneormoreof these parameters was not met,the point was considered tonotbewithinaCorps--defined wetland an out”point)and a line was drawn between thetwodatapoints. Federal and State jurisdictional areas were delineated inthefield using a Trimble GEOXH6000 capable of decimeter accuracy.Data collected inthefieldwas plotted ona site specific topographic map provided by RRM Design Group.Area calculations of waters of the U.S.andstateofCalifornia, as well as CDFW jurisdictional areas,were madeusingARCGIS 10 ESRI). 07868 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 8 4.0 RESULTS A total of24 data observation points were established todocumentpotential waters of the U.S.and State of California onthesite.Approximately 7.25 acres ofwetlands Palustrine Emergent Wetland)and 2.66 acres of otherwaters Riverine Intermittent Streambed)were determined tofall under the jurisdiction of theCorpsand RWQCB pursuant to the Clean Water Act.Atotalof5.41 acres of the site were determined to fall underCDFWjurisdiction.Figure 3 is a soils mapillustrating the soil map units present onsiteandtheimmediate surrounding area.Figures 4,4a and 4bare the wetland delineation map thatshow data point locations and illustrates the extent ofCorps,RWQCB, and CDFW jurisdictional areasonsite.Appendix Acontains the Wetland Determination Data Forms and Appendix Bis aphoto plate with representativephotographs of the studyarea. 4.1 Site Overview The study area consists primarily of grasslandhabitaton heavy clay soils in the flatter portionsof the site between Froom Creek and LOVR andCalleJoaquin.Serpentine--based soils androck outcrops are present in the higher elevationareas.Seasonal drainage features including Froom Creek and several small tributary drainages,the LOVR roadside channel,seasonalandperennial wetlands,coast liveoakwoodland withCalifornia bay trees,areas of coastal scrub/serpentine chaparral,and non--native eucalyptus trees are alsopresent.The study area containstwoman-- made stormwater detention/retention basins present between the Froom Creek channelandthe mapped seasonal wetland areasalongLOVR.The larger basin was constructed to receive surface runoff from the Irish Hills Plaza development tothenorthwest,and the smaller retention basinwas constructed as a temporary feature during construction ofHomeDepot. Froom Creek Froom Creek is an intermittent stream witha relatively small watershed that originates intheIrish Hills to the southwest of thestudyarea.The creek channelbisects thestudy area in a generally north to south direction,andultimately passes beneath Calle Joaquin andU.S.Highway 101 via two concrete box culverts,heading to its confluencewithSan Luis Obispo Creek.San Luis Obispo Creek flows in a westerly direction ultimately connecting to the PacificOceanatAvilaBeach.Due to the lack of dominant wetland vegetation within or adjacent to the channel,Froom Creekwasclassified as Riverine Intermittent Streambed per Cowardin,andas non--wetland waters of the U.S.andstate of California subject to Corps,RWQCB and CDFWjurisdiction. Froom Creek Tributaries Three small ephemeral drainage features identified as Drainages 1,2,and3)are present inthe southwestern portion of the study area that are tributariestoFroomCreek.Due to the presenceof a defined bed and bank,OHWM,and hydrologic connectivitytoFroomCreek,these small features were classified as Riverine Intermittent Streambed per Cowardin,andconstitute jurisdictional non-- wetland waters of the U.S.and state ofCalifornia.While these drainages were mostly comprised of upland vegetation,areas ofwetland and riparian habitatwere observed and mapped inspecific locations.In addition,several seeps or springs were observedoriginating onadjacent hillsides and were hydrologically connected to the drainagefeature.In--channel areas andabutting areas dominated by wetland vegetationare classified asPalustrine Emergent Wetlandper Cowardin,and are expected to constitute wetlandsunder Corps,RWQCB and CDFW jurisdiction.The federally 07869 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 9 protected Chorro Creek bog thistleCirsium fontale var.obispoense)was also identified in two ofthe tributary drainages. LOVR Roadside Channel The LOVR Roadside Channelis located along the northern property boundary,and contains a dense willow canopy and wetland understory,along a narrowandshallowconstructed channel area.The willow canopy has developed over the last 10 years since the2005WetlandDelineationwas completed by Morro Group,and the channel appears to have lost capacityduetovegetativegrowth and sediment accumulation.Current channeldimensions in this arearanged from six inches totwo feet deep,and one to four feet wide.Willow canopy and wetland vegetation extended beyond the channel banks into the meadow area,apparently the result of theconstructedroadways impounding seasonal surface and subsurface water.Because the majority ofin--channel and abutting areas are dominated by wetland vegetation,the LOVR channel is classified asPalustrine Emergent Wetland per Cowardin,andis expected to constitute wetlandsunder Corps,RWQCB and CDFW jurisdiction.Jurisdictional boundaries in this area extend intotheLOVRright--of wayto the road shoulder,which wasoutsidethe Froom Ranch propertyline. Wet Meadow Areas The low--lying portion of the site between FroomCreekandthe LOVR Roadside Channel/Calle Joaquin is relatively flat,composed of heavy claysoils,and contains areas of annual grasslandand perennial grassland dominated bynon--native species such as Italian ryegrass andreedfescue. Patches of wetland plants werepresentindicating seasonal impoundment of surfaceand groundwater by the constructed roadways.Based on aerial photograph interpretationandreview of soils,Froom Creek likely traversed through this part of the site priortoconnectingwithPrefumo Creek and then joining San Luis Obispo Creek in the vicinity oftheLOVRInterchange.While areas near LOVR consisted primarily of seasonally moist areas dominated by annualgrassland species, areas mapped as wetland along the realigned portion of Calle Joaquin exhibited a more dense cover of perennial wetland plantstrending more toward coastal and valleyfreshwater marsh habitat, which indicates prolonged saturated soil conditions compared to areas alongLOVR.Non--riparian wet meadow areas dominated by wetlandvegetation,are classified asPalustrine Emergent Wetland per Cowardin,andare expected to constitute wetlandsunder Corps jurisdiction. Detention Basins The northern basinis anapproximately one--acre temporary basin constructed in upland grassland areas to receive runoffduring the construction of Home Depot.During constructionoftheIrish Hills Plaza,a swale andculverts were installed behind the current WholeFoodsand TJMax buildings to direct surface runoff into this basin andthenletitspreadoverland to support the historic wetland feature inthearea.Seasonally ponded water wasevidentin the basinduring aerial photograph review,and patchy occurrencesofseasonal wetland vegetation were noted during recent field work confirming some wetland habitat attributes are still present.However,it is our understanding that once the Home Depot and surrounding areaswereconstructed,surface runoff from this development was directed into the larger basins constructedfurthersouth.Asa result,this temporary basin was notidentified as a potential jurisdictional feature sinceitwas constructed in an upland asatemporary basin to support construction of the neighboringproject. 07870 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 10 The approximately 3.2--acre southern basin is a permanent feature constructed in upland grassland habitat to receive runoff from the Plaza Hills I developmentfrontingLOVR.Following development of the Home Depot project,surface runoff was then directedintothisbasin.It consists oftwo basins and a spillway,andwas sized to contain runoff from any future PhaseIIdevelopmentwithin the study area Wallace Group,2006).This basin releases water totheLOVRRoadsideChannelby a storm drain and swale.During large storm events,it was designedtodischargewaterinto the wet meadow area along Calle Joaquinviaa concrete spillway.Otherwise,water leaves thebasin through evaporation and percolation intotheground.This feature was also not identifiedasa potential jurisdictional feature since it wasconstructed in an upland area and ispartofthe neighboring project’s storm drainage system. Both basins areman--made structures constructed in uplands,fed primarily byconcentrated hardscape runoff from neighboring development.Removing thewatersourcetoeither basin would likely result in the loss of wetland hydrology,indicatingthat bothbasins function as spigot wetlands",not as natural features.As such,thesebasinsand associated swalesare not expectedto be subject to Clean Water ActorCalifornia Fish and Game Code requirements,andwerenot delineated in this report. Previously Restored Wetland Areas As mapped by Morro Group in 2005 and as discussed in the OlberdingEnvironmental2007Final Mitigation report,a total of0.62--acre of seasonalwetland habitat was restored topre--impact conditions within the northern portion of the study area,following unauthorizedgradingand stockpiling of soils during construction activities associated with Home Depot.Therestoration areas consist of a0.36--acre swale located along the Ranch House road betweenthetemporarybasin and the LOVR Roadside Channel,anda0.26--acre area between the Ranch House roadandtheIrish Hills Plaza parking lot.Please refer to Data Points 16 and17,respectively.These areas were restored to original contours following removal of unauthorized fillmaterials,andwere then allowed to return to naturalconditions.Based on our understanding,no seeding,revegetation,or other enhancement actions were performed,and noconservation easement or other restrictions were placed on the sites.The two sites were includedinthe mitigation monitoring program required by theWetland Restoration and Mitigation Plans Relating to the FroomRanch/HomeDepot Project Olberding Environmental,2002),and following a verification visit conducted onFebruary 12,2015,the Corps determined that both sites had met all requiredperformancestandards. Currently,bothrestoration sites are dominated by grassland habitat,and do not exhibitwetland vegetation,soils,or hydrology.However,as stated in the Corps Determination ofComplianceletter dated February 19,2015,the sites are still subject tolong--term management requirements per the 2002 Mitigation Plan. 4.2 Vegetation Froom Creek and Tributaries The Froom Creek channelwas mostly unvegetated,andwhere present,vegetation consisted primarily of annual grasses,forbs and shrubs common tograssland,coastal scrub and serpentine influenced areas.The smaller tributary channels to Froom Creek in the southwestern partofthe site were dominated primarily by grasslandspecies such as Italian ryegrasswith patches of wetland vegetation.Drainages 1 and 2 alsocontained areas of coast live oak Quercus agrifolia)and 07871 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 11 California bay Umbellularia californica)trees.Wetland indicator species presentinthisarea included brown--headed rushJuncus phaeocephalus FACW),clustered field sedgeCarex praegracilis FACW),andcommon rush Juncus effusus FACW). A small seepinDrainage 3,and a largerspring fedwetland area at theconfluence ofDrainages 1 and 2,contained dominant cover ofwater parsley Oenanthe sarmentosa OBL),spike rush Eleocharis macrostachya OBL),and brown--headed rush,along withseep spring monkeyflower Mimulus guttatus OBL),and western vervain Verbena lasiostachys FAC).Upper reaches of Drainages 1 and 2 alsocontained occurrences of the federally protected Chorro Creekbogthistle Cirsium fontinale var.obispoense),which is an obligatewetlandspecies.A large seep areaextends north from Drainage 2 along ahillside,and is dominated by clustered field sedgeandspikerush. Portions of this area demonstrated tussock formation resulting from grazing impacts. The upland areas associated withthe Froom tributarieswere dominated by annual andperennial grasses and forbs,andincluded areas ofnative serpentine bunchgrass composed ofpurple needlegrass Stipa pulchra).Other native species observedinupland grassland areas included red maids Calandrinia ciliata),star lilyZigadenus fremontii),hayfield tarweed Hemizonia congesta ssp.luzulifolia),and blue dicksDichelostemma capitatum). Wet Meadow Areas Wet meadow areasadjacent to the LOVR channelwere dominated by clustered field sedge,Italian ryegrass Lolium perenne ssp.multiflorum FAC),saltgrass Distichlis spicata FAC),meadow barley Hordeum brachyantherum FACW),brown headed rush,spikerush,birdsfoot trefoil Lotus corniculatus FAC),curly dockRumex crispus FAC),bristly ox tongue Helminthotheca echioides FACU),and Bermuda grass Cynodon dactylon FACU).Meadow areas upslope from theLOVR channel were dominated by Italian ryegrass,foxtail Hordeum marinum FACU),ripgut brome Bromus diandrus UPL),mayweed Anthemis cotula FACU),slender wild oatAvena barbata UPL),storksbill Erodium botrys FACU),perennial mustard Hirschfeldia incana--UPL),and red brome Bromus madritensis ssp.rubens FACU). Areas adjacent to Calle Joaquin were dominatedby clustered field sedge,and included distinct areas ofsilverweed Potentilla anserina OBL),brown--headed rush,round--leaf leather rootHoita orbicularis OBL),and rough sedge Carex senta OBL).Ponded areas containingCalifornia bulrush Schoenoplectus californicus OBL),were present along portions of the property edgealongCalle Joaquin.Meadow areas upslope from CalleJoaquin were dominated by clustered fieldsedge,tall fescue Festuca or Schedonorus arundinaceae FACU),Italian ryegrass,meadow barley,prickly lettuce Lactuca serriola FACU),and red maids Calandrinia ciliata FACU). Many areas of the site contained the introduced annual Italian ryegrass,whichisclassifiedasa facultative plant equally likely to occurwithinwetland or upland).The California InvasivePlant Council Cal--IPC)Inventory Rating for Italian ryegrass isModerate having substantial and apparent—but generally not severe—ecological impacts on physical processes,plantandanimal communities,and vegetation structure). Italian ryegrass is widespread in California due to use as a planted foragespeciesandforerosion control,and is found in coastal valley and foothill grasslands throughout thestate.Itgerminates and grows in seasonally moistsoilconditions,but also grows strongly in dry conditionsonclay soils.It is never foundinlong--term saturated soil conditions with strong hydrophyticindicator 07872 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 12 species,but is sometimes found in or near the upper edge of seasonallywetareas.Becauseofthese characteristics,reliance on the dominance of Italian ryegrass to determine wetlandpresencecould result in an erroneous interpretation of wetland status.Several Sample Pointslocatedintheupper meadow areas documented Italian ryegrass asaco--dominant species withclustered field sedge, resulting in 100 percent hydrophytic vegetation cover in locations withnowetlandhydrology features.In several cases the Data Form Prevalence Index worksheet resultsconfirmedthatthese Italian ryegrass--dominated areas were functioning as upland habitat,despitehavingpassedthe Dominance Test. LOVR Roadside Channel The LOVR roadside channel contained a dense band of riparian habitat consistentwiththeCentral Coast Arroyo Willow Riparian Scrubplantdescribed by Holland 1986),and thearroyowillow thickets described by Sawyer et al.2009).The riparian woodland habitatisdominatedbyarroyo willow Salix lasiolepis FACW).Understory plants present within the riparianareaincluded California blackberry Rubus ursinus FAC),tall flatsedge Cyperus eragrostis FACW),water speedwell Veronica anagallis--aquatica OBL),Italian thistleCarduus pycnocephalus UPL), Fuller’s teasel Dipsacus fullonum FAC),and poison hemlockConium maculatum FACW).The roadside ditch had a relatively consistent understory cover that continuedintothewetmeadow areas. 4.3 Soils The NRCS identified eight soil map units as occurring on the studyarearefertoFigure3).Of these map units,Riverwash,and Xererts--Xerolls are listed as hydric soils by the NRCS CaliforniaHydric Soils List for San Luis Obispo County.AnunnamedcomponentofCropley clay,0--2 slopes,isalso considered hydric,when present in drainageways. Cropley clay0--2 slopes.Cropley clay consists of a dark gray or black 10YR4/1,3/1,2/1moist) clay horizon about 36 inches thick,underlain by a light brown calcareousclayloamto60inchesor more.Permeability of this soil is slow and the availablewatercapacityishigh.Cropley soils formed in alluvium developed from sedimentaryrocks.An unnamed component ofCropley clay is listed as a hydric soil when present in drainageways.This inclusionistypicallyverydarkgray throughout,with mottles present in thelowerhorizons.This dark gray soil wasnotobservedon-- site.Mapped inclusions within this series include Diablo clay,Los Ososloam,andSalinassiltyclay loam. Diablo and Ciboclays 9--15 and 15 30 slopes.Diabloclayconsists of a 0 to 23inch,black10YR 2/ 1)clay formed in residual material weathered from sandstone,shale,ormudstone,commonly displaying fine rootstofour inches.The structure is granular to 4 inches,and coarse,angular,and blocky to 23 inches.This moderately to steeplysloping soil is very poorly drained.Thesoilhas moderate erodibility and highshrink--swell characteristics,and has potential septicsystem constraints due to steep slopes and slowpercolation. Cibo clay consists of a 0 to 31 inch,darkbrown7.5YR3/2)clay formed in residual material weathered from hard metasedimentary rocks,and commonly displaying fine roots.Thestructureis coarse and angular blocky.This moderately to steeply sloping soil is consideredverypoorly drained.The soil hasmoderateerodibility and high shrink--swell characteristics,and potential septic system constraints due to steep slopes,shallow depth to bedrock,andslowpercolation. 07873 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 13 Los Osos--Diablo Complex 5--9 and15--30 percent slopes.LosOsos--Diablo Complex consists ofabout 40 percent Los Osos soil,and 35 percent Diablo soil,foundonfoothillsandmountainridge tops. These soils are moderately deep,well drained,and have low permeability.TypicalLosOsos--Diablo Complex soil moist)consists of a verydarkgrayishbrown 10YR 3/2)loam or black10YR2/2) clay,40--60 inches thick.Permeability ofLosOsos--Diablo Complex soil is rapid,andtheavailable water capacity is low.The available water capacityofLosOsos--Diablo Complex soil is lowtovery high,while surface runoff is rapid. Obispo--Rock outcrop 15--75%slopes.Obispo--Rock outcrop consists of about 50 percentObisposoil and 30 percent Rock outcrop.Obispo soils are shallow,well drained,slowlypermeablesoilsformed in residual materials weathered fromserpentine rock.Typical Obispo soil moist)consistsofa black 10YR 2/1)clay to a depth of about 18 inches,underlain byserpentinerock.Theavailable water capacity ofObispo--Rock outcrop soil is low,while surface runoff israpidorveryrapid. Riverwash includes soils found in active stream and river channels,andconsistsofexcessively drained,water deposited sand,loamy sand,and sandy loam with varyingamountsofgraveland cobbles present.Riverwash soils located in and alongstreamchannelsare generally subject to flooding during and immediately after every storm.Riverwash soils aretypicallyexcessively drained,but can be somewhat poorly drained inlowlyingareas.Permeability is very rapid,surface runoff is very slow,andtheerosion hazard is variable.Typical inclusions includePsamments and Fluvents,and Corralitos soils.Riverwash and Psamments and Fluvents located indrainagewaysare listed as hydric soils.These soils have a HydricCriteriaCodeof4:soils that are frequently flooded for long or very long duration during thegrowingseason. Xererts--Xerolls--Urban land complex0--15%slopes.The Xererts--Xerolls--Urban land complex consists of nearly level to strongly sloping soils and miscellaneous areasthatarecoveredbyurban structures.Most areas of these soils are used for urban development.Thesoilmaterialshavebeen modified by earthmoving equipment or covered by urban structures so thatmuchoftheiroriginal shape and physical characteristics have beenaltered.The Xererts of this complex areCropleyor Los Osos--Diablo soils.The percentage of the various soils in thiscomplexandthedegreeof urbanization vary from place to place SCS 1984).An unnamedinclusionoftheXererts--Xerolls-- Urban land complex associated with depressions has a Hydric CriteriaCodeof2A:soils in Aquic suborder that are somewhat poorly drained and have a frequently occurringwatertablelessthan0.5 feet from the surface for a significant period usually 14consecutivedaysormore)during the growing season. Observed Soil Conditions The upper14--18 inches of the soil profile were examined at 24samplepointstodetermine presence or absence of positive indicators for hydric soils,and to determineifthesoilmapunits mapped anddescribed by the NRCS were consistent with observed soil characteristics.Inaddition to the 24 soil pits dug at sample points,three backhoe pits weredugabove,below,andadjacentto the hillside seep area between Drainage 2 and Drainage3,toexaminesubsoil conditions andassess hydrology and connectivity with the abutting drainage feature. 07874 Study Area Boundary Soil Type Cropley clay, 0 to 2 percent slopes Diablo and Cibo clays, 15 to 30 percent slopes Diablo and Cibo clays, 9 to 15 percent slopes Los Osos-Diablo complex, 15 to 30 percent slopes Los Osos-Diablo complex, 5 to 9 percent slopes Obispo-Rock outcrop complex, 15 to 75 percent slopes Riverwash Salinas silty clay loam, 0 to 2 percent slopes Xererts-Xerolls-Urban land complex, 0 to 15 percent slopes 0 230 460 690920115Feet Soils Map Figure3FroomRanch Source(s): (c) Microsoft Corporation and its data suppliers (2010): NRCS, SLO County Soils Data (2008) John Madonna Construction, Inc. 1 in = 400 ft 07875 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 15 Soils observed on the site were generally clayey and often gravelly,withmoistandsaturatedclays present within portions ofDrainages 1,2,and 3,and near the LOVR roadsidechannelandCalle Joaquin.Areas identified as wetlands occurredinLosOsos--Diablo,Cropley,and Diablo andCibo soils.Non--wetland waters were found associated with all soil types presentinthestudyarea. Hydric soil criteria per the 2008 Arid West Manual were observed inmostofthesoilpitlocations with dominant wetland vegetation.Severaladditional pits exhibited redoximorphic features that were either too faint,or too deep to meetoneoftheAridWest criteria.Previous delineations conducted in 2004 and 2005classified soils as hydric ifredoximorphic features were observed anywhere within the profile.This lower standard for hydric soil criteria,combinedwithwetter conditions and more vegetative diversity,may have influenced the larger wetland boundarylines mapped in the meadow areas along LOVR in2004and2005. 4.4 Hydrology Froom Creek flows east and then south through the site,before enteringSanLuisCreekonthe south side of Highway 101.Three smallephemeral tributaries drain thesouthwestern portion of the site,and join Froom Creek near the southern property boundary.TheLOVRroadsidechannel parallels LOVR along the eastern property boundary,and also drainstoSanLuisCreek.Most of the eastern portion of the property between Froom Creek and LOVR/Calle JoaquiniswithintheFEMA 1%flood zone 100--year base flood area). The section of Froom Creek within the property consists of an incisedchannel,confinedbyaman-- made earthen berm along the eastern bank.The examination identified bedandbankstructure with a defined OHWM four to 15 feet wide,consisting ofRiverwashand cobble/gravel deposits. The channel was dry during theinvestigation with no signs of flowoverthe last two years.The tributary channels exhibited defined bed and bank structure,and weremostlydry,exceptfora small seep in Drainage 3 Sample Point 20),and a larger spring fedwetlandareaattheconfluence of Drainages 1 and 2 SamplePoint19).A large seep area extends north fromDrainage2along the adjacent hillside Sample Point22). The LOVR roadside channel contained saturated soils,drift lines anddebrisracks,andwas dominated by arroyo willow,brown--headed rush,and otherhydricvegetation.Low elevation meadow areas adjacent to the LOVR channel and along Calle Joaquinexhibitedhydricsoil indicators and dominant wetland vegetation,but no obvious hydrology indicators.Theseareasare within the 100--year flood zone,and areflooded periodically during high rainfall events.In addition,these areas have exhibited high groundwaterlevelsduring high rainfall years,and are hydrologically connected to the LOVR Roadside channel bygroundwaterflows.Upper meadow areas are flooded less often,and groundwater flows may have been reduced byconstructionofthe Irish Hills Plaza to the west.Stormwater collected from the Plaza hardscapenowisdirectedinto the LOVR channel or into the detentionbasins,which has changed groundwaterflow patterns and hydrologic connectivity in the area. Large portions of the site along LOVR and Calle Joaquinarewithinthe100--year flood zone,andas such could be inundated by flood waters during large rainfall events.Duetoongoingdrought conditions inthe region,the meadow areas examined in this report havenotfloodedinseveral years,and groundwater levels arelowerthanyears with normal or above normal precipitation. 07876 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 16 In 2014,a total ofeight shallow monitoring wells were installedonthe LOVR/Calle Joaquin meadow areas to documentgroundwater levels within the top 18 inchesofthesoil refer to Figure 4b for well locations).Data was recorded byHOBO U20L water level loggers through the2014-- 2015 rainy season.The shallow wellsfound no groundwater present within 18inchesofthe surface during the2013/2014 rainfall year,which produced 10.6 inches of rainfall for theSanLuis Obispo areaCal Poly ITRC Weather Station). 4.5 Jurisdictional Determination Summary The boundary lines between potential wetlands and other watersoftheU.S.identified in this report are based on the methodology presented in the Arid West Manual,andreflecttheconditions currently present on the site.Thenatural drainage features including FroomCreek and its tributary drainages Drainages 1,2,and 3)were delineated based ontheextentofanOHWMor areas containing all three wetland criteria.The wet meadow areasareapparentlytheresultof LOVR and Calle Joaquin and surrounding development)impounding surface flowand groundwater.While large areas of Italian ryegrass are present in the grasslandinthisportionof the site,detailed analysis of the soil profile was used to determine ifthespecificareawasinfacta wetland.The two restored areasin the northern part of the site referenced inpreviousstudies did not meet Arid West wetland criteria,andare functioning as upland grassland.The reducedwetland areas reflect the new normal conditions,including changes insurfaceandsubsurface hydrology from adjacent development,changes in plant composition,and current droughtconditions,as documented through application of the Arid Westguidelines. Due to the large number of sample points examined in this study,the collectedinformation was summarized in the following tables to assist during review.PleaserefertoFigures 4,4aand4b for the location of the sample points,and the associated jurisdictional boundarylines. 07877 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 17 Table 1.Sample PointResults Summary Sample Point Hydrophytic Vegetation Hydric Soil Wetland Hydrology Jurisdictional Determination 1 NO NO NO Upland 2 YES YES YES Wetland 3 YES YES YES Wetland 4 NO NO NO Upland 5 YES YES YES Wetland 6 YES NO NO Upland 7 YES YES YES Wetland 8 YES YES YES Wetland 9 NO NO NO Upland 10 YES YES YES Wetland 11 YES NO NO Upland 12 YES YES YES Wetland 13 YES YES NO Upland 14 YES YES YES Wetland 15 YES NO NO Upland 16 NO NO NO Upland 17 NO NO NO Upland 18 YES NO NO Upland 19 YES YES YES Wetland 20 YES YES YES Wetland 21 NO NO NO Upland 22 YES YES YES Wetland 23 YES NO NO Other Waters 24 NO NO NO Upland 07878 Los Os o s V alle y R o a d CalleJoaquin Irish HillsPlazaDrainage1 Drainage 2 Drainage 3 Froom Creek Figure 4a Figure 4b MountainbrookChurch Irish Hills Natural Reserve Study Area Boundary CDFW Jurisdiction (5.41 acres) USACE Wetlands (7.25 acres) USACE Other Waters (2.66 acres) John Madonna Construction, Inc.0 200 400 600800100Feet Wetland Delineation Overview Source(s): RRM Design Froom Ranch Figure41in = 350 ft 07879 Drainage 1 Drainage 2 Drainage 3 Froom Creek Fr o o m C r e e k 23 24 22 21 19 18 20 Match Line Wetland Seep Wetland Seep Wetland Sample Points Study Area Boundary CDFW Jurisdiction (5.41 acres) USACE Wetlands (7.25 acres) USACE Other Waters (2.66 acres) John Madonna Construction, Inc.0 110 220 33044055Feet Wetland Delineation Map Source(s) : RRM Design (Froom Ranch Topographic Basemap) Froom Ranch Figure4a1in = 200 ft 24 MountainbrookChurch Irish Hills Natural Reserve 07880 Froom Creek 15 14 13 12 11 7 6 5 4 1 2 10 8 9 3 16 17 48" Stor m D rain Los Os o s V alle y R o a d CalleJoaquin Irish HillsPlazaStormWaterBasin Temporary Retention Basin Drainage 1 Drainage 2 Drainage 3 18 19 20 Irish Hills Plaza HWY101 Irish Hills Natural Reserve Wetland Wetland Seep Sample Points Culvert Inlet/Outlet Monitoring Well Location Study Area Boundary CDFW Jurisdiction (5.41 acres) USACE Wetlands (7.25 acres) USACE Other Waters (2.66 acres) John Madonna Construction, Inc.0 110 220 33044055Feet Wetland Delineation Map Froom Ranch Figure4b1in = 200 ft 24 Match Line Source(s) : RRM Design (Froom Ranch Topographic Basemap) 07881 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 21 Of interest,observed changes to area hydrology over the last 10yearsinclude: construction ofthe adjacent Costco,Home Depot,andIrish Hills Plaza developments; transport of the resulting hardscape runofftotheLOVRchannel or the detention basins; and Calle Joaquin construction and associated drainage alterations,resulting intheseparated wetland area between the site and Highway101. Observed changes to on--site vegetation over the last 10years include increased presence ofclustered field sedge FACW)in wet meadow areas; disappearance ofcreek clover Trifolium wormskjoldii FACW),and rabbitsfoot grass Polypogon monspeliensis FACW)from Calle Joaquin wetmeadow; appearance ofreed fescue FACU)as a dominant in the Calle Joaquinwet meadow; growth of arroyo willow shrubs FACW)along the LOVR roadside channel;and appearance ofround leaved leather root OBL)along Calle Joaquin. Rainfall patterns and amounts rainfall data from the Cal Poly ITRC Weather Station,compiledby rainfall year)were similar despite current drought conditions,asdocumentedbelow: 2001--2005 had 2 years of at or above normal rainfall 22.9,and 29.8inches),and3 years below average 14.79,15.3,and 16.02 inches). 2009--2013 had 2 years well above normal rainfall 31.7,31.5),and3yearsbelowaverage 14.6,14.3,and 10.6inches). 5.0 CONCLUSION This report identifies potential federal and state jurisdictional boundaries withintheproperty,as determined by KMAfollowing a field investigation conducted in winter and springof 2015.Waters of the U.S.and State of California identifiedwithinthis report are subject to verification bythe Corps and other agencies.As shown on Figures 4a and4b,Froom Creek,its tributary channels,the LOVR Roadside channel and theabutting wet meadow areas along LOVR and CalleJoaquinare considered to be potentially jurisdictional Waters of the U.S.under theCleanWaterAct.Portions of these areas also fall under the jurisdiction oftheRWQCBand CDFW as waters of thestate. 5.1 Federal Waters The areas that are considered potentially jurisdictional bythe Corps consist of wetlands andother waters as mapped on Figures 4a and4b.Themajority ofFroom Creek andthe associated tributary channels experience a seasonal flow regimeandlack dominant wetland vegetationwithin the OHWM,andsuch areas are mapped as non--wetland other waters habitat Riverine Intermittent Streambed).Wet meadow areas andspring or seepfedportions of the tributary channelsthat contain dominant perennial wetland vegetation are mapped as wetland habitat Palustrine Emergent Wetland).Acreage of the identified jurisdictional areas is presented below. 07882 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 22 The delineation identified atotalofapproximately 9.90 acres of Corps--jurisdictional waters ofthe U.S.including wetlands within thesite refer to Table 2).This area calculation is approximate,and has not been confirmed by the Corps.AllCorps--jurisdictional areaslisted in Table2 also fall under the jurisdiction of the RWQCB as waters of theStateofCalifornia.No isolated waters were identified within the studyarea. Table 2.Summary of Jurisdictional WatersoftheU.S. Waters of theU.S. Total Area square feet acre) Total Linear Feet Wetlands Wetland within OHWM 62,420 1.43 1,764 Wet Meadow 253,170 5.81 N/A Other Waters Intermittent Streambed within OHWM 115,736 2.66 8,176 Total Waters of theU.S.431,326 9.90 9,940 5.2 CDFW Jurisdictional Areas As shown onFigures 4a and4b,Froom Creek and its tributaries,the LOVR channel,and theCalle Joaquin ponding zone fall under CDFW regulatoryauthority per the California Fish andGameCode. The wet meadow areas are not directly associated with bed and bankfeaturesorriparianhabitat, and therefore arenotexpected toberegulated by CDFW.The delineation identified atotalof approximately 5.41 acres of CDFW jurisdictional arearefertoTable 3).CDFW jurisdiction includes all Waters oftheU.S.within the OHWMlisted in Table2,and additional areas extendingto the outer edge of associated riparianvegetation or the property boundaries. Table 3.Summary of CDFW Jurisdictional Areas CDFW Jurisdictional Areas*Total Area square feet/acre)Total Linear Feet Froom Creek and tributary channels, LOVR roadside channel,Calle Joaquin 235,528 5.41 9,841 Total CDFW Jurisdictional Area 235,528 5.41 9,841 Channel width at top of bank or outer extentofassociatedriparian vegetation. These jurisdictional areas and boundaries are subject to review andverificationbytheCorps, RWQCB,and CDFW,and this report shouldbesubmittedtothese agencies as part of anypermit applications associated with the proposed project.During the permit reviewprocess,theCorpsand other agencies may conduct a site visit to verify the jurisdictional boundariesidentifiedinthis report,and may approvethe report or request amendments to the report basedontheirfindings. KMA advises all interested parties to treat the information contained hereinaspreliminarypending written verification of jurisdictional boundaries bytheCorps. 07883 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. 23 6.0 REFERENCES Baldwin,B.G.,D.H.Goldman,D.J.Keil,R.Patterson,T.J.Rosatti,and D.H.Wilken,editors.2012.The Jepson Manual:vascular plants of California,second edition.University ofCaliforniaPress, Berkeley. Cowardin,Lewis M.,V.Carter,F.C.Golet,andE.T.LaRoe.1979.Classification of wetlands and deepwater habitats of the UnitedStates.Prepared for theU.S.Fish and Wildlife Service. FWS/OBS--79/31. Environmental Laboratory.1987.Corps of Engineers wetlands delineation manual.U.S.Army Engineer Waterways Experiment Station.Vicksburg,Mississippi. Grumbles,Benjamin H.,and John Paul Woodley,Jr.2007.Clean water act jurisdiction followingthe U.S.Supreme Court's decisioninRapanos v.United States Carabell v.UnitedStates,June 5,2007. U.S.Environmental Protection Agency and Department oftheArmy. Guzy,G.S.,and R.M.Anderson.2001.Memorandum:Supreme Court ruling concerningCWA jurisdiction of isolated waters.U.S.Environmental Protection Agency and ArmyCorpsof Engineers. Hickman,J.Ed.1993.The Jepson Manual:Higher Plants ofCalifornia.University of California Press: Berkeley,California. Holland,Robert.1986.Preliminary Descriptions of the Terrestrial Natural Communities ofCalifornia. Department of Fish andGame. Lichvar,R.W.,M.Butterwick,N.C.Melvin,and W.N.Kirchner.2014.The National Wetland PlantList: 2014 Update of Wetland Ratings.Phytoneuron 2014--41:1--42. Munsell Color.2000.Munsell Soil Color Charts.Year 2000 Revised.GretagMacbeth,NewYork. Sawyer,John,Todd Keeler--Wolf and Julie Evens.2009.Manual of CaliforniaVegetation,Second Edition.California Native Plant Society.Sacramento,California. U.S.Army Corps of Engineers.2008.Regional Supplement to the Corps of EngineersWetland Delineation Manual:Arid West Region Version2.0),ed.J.S.Wakely,R.W.Lichvar,andC.V.Noble. ERDC/EL TR--08--28.Vicksburg,MS.U.S.Army Engineer ResearchandDevelopmentCenter. U.S.Department of Agriculture,Natural Resources Conservation Service.2006.Field indicators of hydric soils in the United States,version6.0,edited by G.W.HurtandL.M.Vasilas.USDA,NRCS in cooperation with the National Technical Committee forHydricSoils.Fort Worth,TX. U.S.Department of Agriculture,Natural ResourcesConservation Service.2015.Web soil survey. U.S.Department of Agriculture,NaturalResources Conservation Service.Availableat: http://websoilsurvey.nrcs.usda.gov. U.S.Fish and Wildlife Service National Wetlands Inventoryavailableat: http://www.fws.gov/wetlands/ 07884 07885 APPENDIX A Wetland Determination DataForms KMA 07886 07887 07888 07889 07890 07891 07892 07893 07894 07895 07896 07897 07898 07899 07900 07901 07902 07903 07904 07905 07906 07907 07908 07909 07910 07911 07912 07913 07914 07915 07916 07917 07918 07919 07920 07921 07922 07923 07924 07925 07926 07927 07928 07929 07930 07931 07932 07933 07934 07935 APPENDIX B Photo Plate KMA 07936 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Appendix B Photo Plate Photo 1.View ofthe upper portion of Froom Creek,lookingsoutheasterly downstream).Note broad,dry, cobbled channel with no pool or rifflestructure. Photo 2.View ofthe middle portion of FroomCreek,grasslands,the permanent detention basin,and wet meadow areas along LOVR and CalleJoaquin,looking east. 07937 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 3.View of theupper portion of the siteandDrainage 2,looking east. Photo 4.View of the LOVR roadside channel,looking east along LOVR from thenortheastcorneroftheStudy Area.Notelack of defined channel structure in foreground,anddense willow canopyin the distancealong lower section of the channel. 07938 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 5.View of ponded water and bulrush occurrences along Calle Joaquin,lookingsoutheast. Photo 6.View of Sample Points 1 blackarrow)and2 white arrow),looking east towardLOVR.Sample Point3 is located in the LOVR channel totheright of2. 07939 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 7.View ofSample Points 4 shovel)and5 white arrow),looking east towardLOVR. Photo 8.View of Sample Points6 shovel)and7 white arrow),looking east towardLOVR. 07940 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 9.View of Sample Points 9 foreground)and8 whitearrow),looking east toward the LOVRCalle Joaquin intersection. Photo 10.View of Sample Points10 shovel)and11 white arrow),lookingwest toward the permanent detention basin.Note dominant cover of OBL species at 10,anduplandgrassesat11. 07941 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 11.View of Sample Points13 foreground)and12 white arrow),looking east toward theLOVRCalle Joaquin intersection. Photo 12.View of Sample Points 15 shovel)and14 white arrow),looking east toward theLOVRCalle Joaquin intersection. 07942 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 13.View of Sample Point 19,in wetland area nearconfluencewithDrainage1. Photo 14.View of Sample Point 20 at the edge of the smallseeponthebankofDrainage3. 07943 KMA Froom Ranch Delineation of Waters of the U.S. and State of California John Madonna Construction, Inc. Photo Plate Photo 15.View of Sample Points 22 arrow)and 21shovel)inthehillside seep area near Drainage 2,looking south. Photo 16.View of Sample Points23 arrow)and24 shovel)inand adjacent to Drainage 1,looking west. 07944