5449(035) Approved CE 1.16.20 CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
08-SBd-Highland N/A N/A ATPL 5449(035)
Dist.-Co.-Rte. or Local Agency) P.M./P.M. E.A/Project No. Federal-Aid Project No. Local Project)/Project No.
PROJECT DESCRIPTION: (Briefly describe project including need, purpose, location,limits, right-of-way requirements,and
activities involved in this box. Use Continuation Sheet,if necessary.)
The Cities of Highland and Redlands jointly plan to improve the non-motorized transportation network by constructing regional
bikeways and walkways.Bicycle and pedestrian improvements will be constructed along 4.7 contiguous miles of streets and easements
in the cities of Highland and Redlands.Work will include pavement widening,curb and gutter,curb ramps,median curbs,sidewalks,
pavement repairs,slurry seal, Class I,II,and III bikeway/pedestrian paths,bicycle/pedestrian bridge, bike racks,bollards,bike signals,
in-roadway bicycle detection,pedestrian heads,sharrows(shared lane markings),enhanced crosswalks,warning beacons,roadway
and bikeway signage,lighting,and speed feedback signs. This project is in need to provide safe access for bicyclists, pedestrians and
the traveling public between Highland and Redlands.The purpose of the project is to provide connectivity to trail networks. Several
temporary and permanent easements/acquisitions would be required.
CALTRANS CEQA DETERMINATION (Check one)
® Not Applicable—Caltrans is not the CEQA Lead Agency ❑ Not Applicable—Caltrans has prepared an Initial Study or
Environmental Impact Report under CEQA
Based on an examination of this proposal,supporting information,and the above statements,the project is:
❑ Exempt by Statute.(PRC 21080[b]; 14 CCR 15260 et seq.)
❑ Categorically Exempt.Class . (PRC 21084; 14 CCR 15300 et seq.)
Based on an examination of this proposal and supporting information,the following statements are true and exceptions do not
apply:
• If this project falls within exempt class 3,4, 5,6 or 11,it does not impact an environmental resource of hazardous or critical
concern where designated,precisely mapped,and officially adopted pursuant to law.
• There will not be a significant cumulative effect by this project and successive projects of the same type in the same place,
over time.
• There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual
circumstances.
• This project does not damage a scenic resource within an officially designated state scenic highway.
• This project is not located on a site included on any list compiled pursuant to Govt.Code§65962.5("Cortese List').
• This project does not cause a substantial adverse change in the significance of a historical resource.
❑ Common Sense Exemption.[This project does not fall within an exempt class,but it can be seen with certainty that there is no
possibility that the activity may have a significant effect on the environment(14 CCR 15061[b][3].)
N/A N/A
Print Name:Senior Environmental Planner or Print Name:Project Manager
Environmental Branch Chief
NIA N/A
Signature r Date Signature Date
NEPA COMPLIANCE
In accordance with 23 CFR 771.117,and based on an examination of this proposal and supporting information,the State has
determined that this project:
• does not individually or cumulatively have a significant impact on the environment as defined by NEPA,and is excluded from the
requirements to prepare an Environmental Assessment(EA)or Environmental Impact Statement(EIS),and
• has considered unusual circumstances pursuant to 23 CFR 771.117(b).
CALTRANS NEPA DETERMINATION (Check one)
® 23 USC 326: The State has determined that this project has no significant impacts on the environment as defined by NEPA,and
that there are no unusual circumstances as described in 23 CFR 771.117(b).As such,the project is categorically excluded from
the requirements to prepare an EA or EIS under the National Environmental Policy Act.The State has been assigned,and hereby
certifies that it has carried out the responsibility to make this determination pursuant to Chapter 3 of Title 23,United States Code,
Section 326 and a Memorandum of Understanding dated May 31,2016,executed between the FHWA and the State.The State
has determined that the project is a Categorical Exclusion under:
®23 CFR 771.117(c):activity(c)L)
❑23 CFR 771.117(d):activity(d)(_)
❑Activity_ listed in Appendix A of the MOU between FHWA and the State
❑ 23 USC 327: Based on an examination of this proposal and supporting information,the State has determined that the project is a
Categorical Exclusion under 23 USC 327. The environmental review,consultation,and any other actions required by applicable
Federal environmental laws for this project are being,or have been,carried out by Caltrans pursuant to 23 USC 327 and the
Aaron Burton Albert Vergel de Dios
Print Name:Senior En nmental Planner or Print Name:Actin DLA Engineer
Environmental Bra Chief
i
I-J�-bozo l I/6-�o za
Signature Date Signature Date
Date of Categorical Exclusion Checklist completion: 1/16/2020 Date of ECR or equivalent: 1/16/2020
Briefly list environmental commitments on continuation sheet.Reference additional information,as appropriate(e.g.,CE checklist,
additional studies and design conditions).
Page 1 of 9 January 3,2019
CATEGORICAL EXEMPTION/CATEGORICAL EXCLUSION DETERMINATION FORM
Continuation Sheet
Continued from page 1:
Technical Study Summary:
Natural Environment Study(NES):Listed species observed within the BSA include Santa Ana River woollystar and San Bernardino
kangaroo rat.In addition,critical habitat for Santa Ana sucker and San Bernardino kangaroo rat are present within the Santa Ana River
floodplain portions of the BSA.Special-status species observed within the BSA include yellow warbler(Setophaga petechial;foraging
only),northwestern San Diego pocket mouse(Chaetodipus fallax fallax),San Diego desert woodrat(Neotoma bryanti intermedia),and
San Diego black-tailed jackrabbit(Lepus californicus bennettii).The project would result in the permanent removal of 0.008 acre and
the temporary disturbance of 0.481 acre of potential federal and Regional Water Quality Control Board(RWQCB)non-wetland waters.
In addition,the project would result in the permanent removal and temporary disturbance of 0.023 acre and 0.675 acre,respectively,of
CDFW streambeds,as well as 0.001 acre of temporary disturbances of CDFW jurisdictional riparian resources.The project will require
authorization from the U.S.Army Corps of Engineers(pursuant to Section 404 of the Clean Water Act[CWA]),the RWQCB(pursuant
to Section 401 of the CWA and the Porter-Cologne Water Quality Control Act),and from the CDFW(pursuant to Section 1602 of the
California Fish and Game Code)as a result of impacts on jurisdictional aquatic resources.A combination of avoidance and
minimization efforts and compensatory mitigation would reduce the overall adverse effects on biological resources within the BSA.In
addition,project compliance with Executive Order 13112 will avoid and minimize the introduction and spread of invasive species during
construction.
Measures:
BIO-1 The limits of disturbance will be confined to the smallest practical area,considering topography,placement of facilities,
location of habitat for special-status species and Covered Species,public health and safety,and other limiting factors,and will be
located in previously disturbed areas to the maximum extent practicable(Wash Plan HCP,Section 5.5).
BIO-2 Prior to clearing or construction,highly visible barriers(such as orange construction fencing)will be installed at all
Riversidean alluvial fan sage scrub habitats that will be avoided and are adjacent to the project limits of disturbance to designate
Environmentally Sensitive Areas(ESAs)to be preserved.The Riversidean alluvial fan sage scrub communities that occur within the
BSA are dynamic and can change depending on precipitation events,associated scour,and flood-control maintenance activities.As
such,ESA fencing in areas to be avoided may need to be field adjusted and installed just prior to construction. No grading or fill activity
of any type will be permitted within these ESAs.All construction equipment will be operated in a manner to prevent accidental damage
to nearby avoidance areas.Silt fence barriers will be installed at the ESA boundary to prevent accidental deposition of fill material in
areas where vegetation is immediately adjacent to planned grading activities.
BIO-3 No construction activities,materials,or equipment will be allowed within the ESAs.Construction personnel will strictly limit
their activities,vehicles,equipment,and construction materials to the limits of disturbance and designated staging areas and routes of
travel.Cross-country travel by vehicles and equipment will be prohibited.The construction area(s)will be the minimal area necessary to
complete the project and will be specified in the construction plans.Employees will be instructed that their activities are restricted to the
construction areas.Access to sites will be from pre-existing access routes to the greatest extent possible.
B10-4 The ESA fencing will be inspected by the biological monitor at a frequency necessary to ensure that it is in place and properly
maintained.ESA fencing and exclusion fencing will remain in place and will be maintained until project construction is completed.
BIO-5 Equipment storage,fueling,and staging areas shall be located on upland sites with minimal risks of direct drainage into
Riversidean alluvial fan sage scrub or other natural areas.These designated areas shall be located in such a manner as to prevent any
runoff from entering sensitive habitat.Necessary precautions shall be taken to prevent the release of cement or other toxic substances
into surface waters.Project-related spills of hazardous materials shall be reported to appropriate entities,including but not limited to,
applicable jurisdictional city(i.e.,City of Highland or City of Redlands),USFWS,CDFW,and RWQCB and shall be cleaned up
immediately and contaminated soils removed to approved disposal areas(Wash Plan HCP,Section 5.5).
BIO-6 A Storm Water Pollution Prevention Plan(SWPPP)and a soil erosion and sedimentation plan will be developed prior to
construction to minimize erosion and identify specific pollution prevention measures that will eliminate or control potential point and
nonpoint pollution sources onsite during and following the project construction phase.The plan will ensure that no pollutants or
sediment from construction will enter waterways or ESA fenced areas.The SWPPP will identify specific Best Management Practices
(BMPs)to be implemented during project construction to avoid causing or contributing to any water quality standard exceedances. In
addition,the SWPPP will contain provisions for changes to the plan such as alternative mechanisms,if necessary,during project
design and/or construction to achieve the stated goals and performance standards.Sediment and erosion control measures will be
implemented until such time that soils are determined to be successfully stabilized.
BIO-7 Project activities near or within the Wash Plan HCP Preserve or other natural areas will incorporate plans to ensure that
runoff discharged is not altered in an adverse way when compared with existing conditions,which includes landscape irrigation.
Stormwater systems will be designed to prevent the release of sediments,toxins,chemicals,petroleum products,exotic plant materials,
or other elements that might degrade or harm biological resources or ecosystem processes within the Wash Plan HCP Preserve(Wash
Plan HCP,Section 5.5).
BIO-8 Prior-to-construction.the-biological-monitor wi l e o c i
avoid,Surveys will focus on special-status species having a potential to occur within the work area.Any populations will be flagged with
ESA fencing and crews will be instructed to avoid these areas.The qualified project biologist will monitor construction activities for the
duration of the proposed project at a frequency necessary to ensure that practicable measures are being employed and avoid incidental
disturbance of habitat and species of concern outside the project footprint.Ongoing monitoring and reporting will occur for the duration
of the construction activity to ensure implementation of BMPs and avoidance and minimization measures.
BIO-9 When work is conducted during the fire season(as identified by the San Bernardino County Fire Department),appropriate
fire-fighting equipment(e.g.,extinguishers,shovels)and a water tender will be available on the project site during all phases of project
construction to help minimize the chance of human-caused wildfires.Shields,protective mats,and/or other fire preventative methods
will be used during grinding,welding,and otherspark-inducing activities near vegetated areas.
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Continuation Sheet
BIO-10 Active construction areas shall be watered regularly to control dust and minimize impacts on adjacent vegetation.Dust control
measures may include wetting work areas,the use of soil binders on dirt surfaces,and wetting or covering stockpiles. If water trucks
are to be used,pooling of water will be avoided to minimize the potential of attracting opportunistic predators.
BIO-11 A weed abatement plan will be developed to minimize the spread and importation of non-native plant material during and after
construction in compliance with Executive Order 13112 and would include Measures BIO-12 through BIO-15.
BIO-12 Any exotic species removed during construction will be properly handled to prevent sprouting or regrowth.Care shall be taken
to not spread exotic plant seeds during plant removal and plants will be removed prior to flowering, if feasible.
BIO-13 Equipment(e.g.,passenger vehicles,trucks,and heavy equipment)will be cleaned of mud or other debris that may contain
invasive plants and/or seeds and inspected prior to entering the worksite and between worksites to reduce the potential of spreading
noxious weeds.Cleaning of equipment will occur in a designated area at least 300 feet from ESA fencing.
BIO-14 Trucks carrying loads of vegetation that will be removed from the project footprint will be covered and disposed of in
accordance with applicable laws and regulations.
BIO-15 Only certified weed-free straw,mulch,and/or fiber rolls will be used for erosion control.Fill material will be obtained from weed-
free sources.
BIO-16 Project impacts on Riversidean alluvial fan sage scrub habitat will be mitigated by purchasing Conservation District-owned
lands located within a 30-acre area approximately one mile east of the project.These are Wash Plan HCP mitigation lands that are
outside of the Wash Plan HCP Preserve but within the Wash Plan HCP boundary and are bordered by conservation lands to the south
and east.Permanent impacts on Riversidean alluvial fan sage scrub will be mitigated at a minimum 1:1 ratio or as determined by the
resource agencies.The compensatory mitigation for project impacts on Riversidean alluvial fan sage scrub will be the same as those
necessitated by the Wash Plan HCP.Onsite restoration of temporarily disturbed areas will occur in-kind at their current locations upon
completion of construction and will consist of returning affected areas to original contour grades,decompacting the soil,and replanting
with a plant palette composed of the species found onsite prior to the disturbance.Seed will be collected onsite and in adjacent areas
to the extent feasible in coordination with the Wash Plan HCP Preserve Manager. If additional seed is needed,it will be obtained from
the closest location to the project site that is available from a commercial vendor.All revegetated areas will avoid the use of species
listed in Cal-IPC's California Invasive Plant Inventory.Restoration will also include weed control.Restoration performance standards
and remediation measures(if necessary)will be developed by the Conservation District and reviewed and approved by the USFWS
and CDFW(Wash Plan HCP,Section 5.5).Such restoration plans will be implemented within 24 months of the completion of major
construction.
BIO-17 Monetary compensation provided by the City of Highland and City of Redlands to the Conservation District for project impacts
on Riversidean alluvial fan sage scrub habitat and the special-status species that it supports will be put towards maintenance of the
Wash Plan HCP Preserve.Funding will be contributed prior to the start of construction.
BIO-18 Project impacts on WSPA conservation lands will be mitigated by purchasing native open lands within a one acre area outside
of the Wash Plan HCP Preserve approximately 2.7 miles east of the project,or other similar mitigation land acquisition.The land will be
purchased at a minimum 1:1 in-kind ratio and will be coordinated with the Conservation District,SBCFCD, USACE,USFWS,and
CDFW.The compensatory mitigation ratio for project impacts on WSPA conservation lands may increase following future consultation
with the resource agencies.
BIO-19 Prior to ground disturbance in areas containing suitable habitat for slender-horned spineflower(i.e.,Riversidean alluvial fan
sage scrub),surveys will be conducted if the area has not been surveyed within the last five years to determine if the plant is present.
Surveys will be conducted in accordance with CDFW protocols(Wash Plan HCP,Section 5.5;CDFW 2000,2009).
BIO-20 If construction activities are to take place within 165 feet of known occurrences of slender-horned spineflower, ESA fencing will
be erected to protect them.A qualified botanist and/or biological monitor will monitor construction activities,maintain the markers
limiting construction,and maintain the ESA fence protecting slender-horned spineflower to prevent accidental disturbance(Wash Plan
HCP,Section 5.5).
BIO-21 If slender-horned spineflower is detected during pre-project surveys,seeds will be collected for four years prior to ground
disturbance.Seed collection and storage will be by an entity which has a Memorandum of Understanding with the USFWS to process
and handle the seeds of endangered plant taxa(Wash Plan HCP,Section 5.5).
6I0-22 Surface soils will be removed and sequestered at the beginning of any ground disturbing construction activities where slender-
horned spineflower is present.If cryptogamic soil crust is also present,it will be harvested in blocks,preserved,and placed back on the
site after construction.If the impacts are permanent,an alternate site in suitable habitat will be selected in consultation with a qualified
botanist or restoration biologist.After the sequestered soil is returned to the site,it will be replanted with the previously collected
slender-horned spineflower seed over consecutive years following the ground disturbance.The timing and methods of planting will be
determined in consultation with the Conservation District and a restoration biologist and will incorporate adaptive management(Wash
Plan HCP,Section 5.5).
or until the slender-horned spineflower is considered to be re-established to target values established by the Preserve Management
Committee.Maintenance weeding will continue after the restoration weeding as part of the annual maintenance program(Wash Plan
HCP,Section 5.5).
BIO-24 A Biological Resource Information program for all construction personnel would be developed and implemented prior to
construction.At a minimum,the program would include the following topics:(1)biology,conservation,and legal status of federally and
state listed species and Wash Plan HCP Covered Species occurring or potentially occurring within the project site;(2)responsibilities of
the biological monitor;(3)delineation and flagging of adjacent habitat;(4)limitations on all movement of those employed onsite,
including ingress and egress of equipment and personnel,to designated construction zones(personnel shall not be allowed access to
adjacent sensitive habitats); 5 onsite petprohibitions; 6 use of trash containers for disposal and removal of trash;and 7project
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Continuation Sheet
features designed to reduce the impacts on listed species and habitat and promote continued successful occupation of adjacent habitat
areas.Supporting materials will be provided to all construction personnel during the training program.
6I0-25 A preconstruction notification will be provided to USFWS,CDFW,and the Conservation District in writing at least 5 days prior to
project initiation.
BIO-26 Prior to clearing or construction,ESA fencing would be installed around designated Santa Ana River woollystar population
boundaries adjacent to the project footprint to designate ESAs to be avoided(see BI0-2 through BIO-4).
BIO-27 An authorized biologist will be present onsite during construction within or adjacent to suitable habitat to ensure that avoidance
and minimization measures are in place according to specifications and monitor construction within the vicinity of the Santa Ana River
woollystar populations at a frequency necessary to ensure that avoidance and minimization measures are properly followed.The
biological monitor will report any non-compliance within 24 hours to the USFWS and CDFW.
BIO-28 Before ground disturbance or other activities,a qualified botanist will surrey all proposed construction and access areas for
presence of Santa Ana River woollystar.Preconstruction surveys will occur during the appropriate season and in accordance with
established protocols up to one year in advance of construction,provided temporary construction easements have been granted to
construction areas.These surveys will be conducted in all construction areas that contain suitable habitat for Santa Ana River
woollystar(i.e.,Riversidean alluvial fan sage scrub).These surveys will be for the purpose of documenting plant locations relative to the
construction areas and avoidance,where feasible.If construction starts prior to the appropriate season and it is unfeasible to conduct
preconstruction surveys,then plant documentation for avoidance and ESA fencing will rely on previous survey areas of populations.
BIO-29 Populations of Santa Ana River woollystar will be clearly mapped and recorded along with the approximate numbers of
individuals in each population and their respective condition.To the maximum extent feasible,construction areas and access roads will
be adjusted to avoid loss of individual Santa Ana River woollystar and damage to habitats supporting this species.
BIO-30 If Santa Ana River woollystar is detected during pre-project surveys,seeds will be collected at the appropriate time(usually fall)
prior to ground disturbance.Seed collection and storage will be by an entity that has a Memorandum of Understanding with the USFWS
to process and handle the seeds of endangered plant taxa.In areas of temporary impacts,the seed will be replanted in the temporarily
disturbed area.The seed planting time and location for seeds collected from permanent impact areas will be at the discretion of the
land manager.The cost of seed collection,up to two years of storage,and planting will be borne by the permittee(Wash Plan HCP,
Section 5.5).
BIO-31 Sites where temporary impacts occur will be replanted with the previously collected Santa Ana River woollystar seed over
consecutive years following the ground disturbance.The timing and methods of planting will be determined in consultation with the
Conservation District and a qualified botanist or restoration biologist with Santa Ana River woollystar experience,and will incorporate
adaptive management.If the impacts are permanent,an alternate site in suitable habitat will be selected by a qualified restoration
biologist or botanist(Wash Plan HCP,Section 5.5).
BIO-32 The replanting site will be monitored and maintained(e.g.,weed control)for two years or until the Santa Ana River woollystar is
considered to be re-established to target values established by the Wash Plan HCP Preserve Management Committee.Maintenance
weeding will continue after the restoration weeding as part of the annual maintenance program(Wash Plan HCP,Section 5.5).
BIO-33 Project impacts on Santa Ana River woollystar will be mitigated by purchasing Conservation District-owned Wash Plan HCP
mitigation lands(see 6I0-16),as stipulated in the Wash Plan HCP.Permanent impacts on Santa Ana River woollystar will be mitigated
at a minimum 1:1 ratio or as determined by the resource agencies.
BIO-34 No erodible materials will be deposited into watercourses or areas demarcated with ESA fencing.Vegetation,mud,silt,or other
debris material or pollutants from construction activities will not be stockpiled within stream channels or on adjacent banks or allowed to
enter a flowing stream.
BIO-35 All portable toilets will be placed on a vegetated or dirt surface away from any streams,storm drains,or drainage swales.
BIO-36 No equipment will be placed within a flowing stream or on directly adjacent banks.
BIO-37 An authorized biologist will monitor construction adjacent to critical habitat at a frequency necessary to ensure that avoidance
and minimization measures are in place according to specifications and are being properly followed.The biological monitor will report
any non-compliance within 24 hours to USFWS.
BIO-38 A USFWS-authorized biologist with knowledge of San Bernardino kangaroo rat and its habitat will function as a biological
monitor.Prior to initiating project activities,the name(s)and resumes of all prospective biological monitors will be submitted to the
USFWS.The biological monitor will ensure compliance with the project avoidance and minimizations measures and will have the
authority to halt/suspend all activities until appropriate corrective measures have been taken.The biological monitor will report any
noncompliance within 24 hours to the USFWS.
BIO-39 The biological monitor will be present during vegetation clearing,grading,and during construction activities that could result in
take of San Bernardino kangaroo rat within areas where the species is present or within 100 meters of San Bernardino kangaroo rat
ivieZlium,or Higni i i y to monitor construction impacts(vvasn Plan FICID,Volume
BIO-40 Exclusion fencing will be installed around all areas with suitable habitat for San Bernardino kangaroo rat that will be impacted
by project construction.The exclusion fencing must meet USFWS standards.The qualified biologist experienced with San Bernardino
kangaroo rat will be present onsite when the fence is installed to minimize the disturbance of San Bernardino kangaroo rat burrows
from the fence installation.Exclusionary trapping for San Bernardino kangaroo rat will be conducted during the five nights preceding
ground disturbance by a qualified biologist within San Bernardino kangaroo rat suitable habitat areas where exclusionary fence is
installed to remove all San Bernardino kangaroo rat prior to the start of any ground disturbance.San Bernardino kangaroo rat trapped
in these areas will be released in suitable habitat areas,outside the construction limits,in the immediate project vicinity(Wash Plan
HCP,Section 5.5).
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BIO-41 Prior to grading any areas including existing dirt roads within the project area,other than roads within mining operations areas,
a qualified biologist will trap the area(as well as 50 feet on either side of any existing dirt roads)during the five nights preceding the
grading.Trapped San Bernardino kangaroo rat will be held until the completion of grading and then returned to the location where they
were trapped(Wash Plan HCP,Section 5.5).
BIO-42 The ESA fencing and San Bernardino kangaroo rat exclusionary fencing will be inspected by the biological monitor at a
frequency necessary to ensure that it is in place and properly maintained.ESA fencing and exclusion fencing will remain in place and
will be maintained until project construction is completed within suitable habitat.
BIO-43 All project activities will take place during the daylight hours;no nighttime construction work will occur.Permanent nighttime
lighting of facilities within the Wash Plan HCP Preserve should be avoided. If permanent lighting is determined to be unavoidable,a
nighttime lighting plan will be prepared by the affected Participating Entity(i.e.,City of Highland)and presented to USFWS and the
Conservation District for review and approval.To minimize effects on the Wash Plan HCP Preserve,the plan will include fixtures that
shield the light away from the Wash Plan HCP Preserve,are mounted as low as possible,and use the least intrusive type of lighting
available(e.g.,LED or low sodium lighting)(Wash Plan HCP,Section 5.5).
BIO-44 Except on paved roads with posted speed limits and in aggregate mining operations areas with established speed limits per
their mining plan,vehicle speeds will not exceed 15 miles per hour during travel associated with the project(Wash Plan HCP,Section
5.5).
BIO-45 No open trenches or holes(aggregate mining activities excepted)will be left overnight without covering,fencing,or providing
escape ramps with a minimum 3:1 slope. If trenches are not covered,they will be inspected for trapped wildlife by a qualified biologist
or biological monitor.Animals found will be captured and moved to the nearest safe location outside the construction area by a qualified
biologist.
BIO-46 Unburied pipes or conduit laid in trenches overnight will be capped.All other pipes or conduit with a bore-diameter of 1.5 inches
or greater stored overnight within the construction site for one or more nights will be thoroughly inspected for the presence of San
Bernardino kangaroo rat before the pipe is subsequently buried,capped,or otherwise used or moved in any way.If San Bernardino
kangaroo rat are discovered inside a pipe,a qualified biologist will supervise movement or relocation of the pipe until the animal has
been removed and released to the nearest safe location outside the construction area.
BIO-47 Soil stockpiles will be located outside of San Bernardino kangaroo rat suitable habitat and ESA areas,to the maximum extent
feasible.ESA fencing and San Bernardino kangaroo rat exclusionary fencing will be placed around any soil stockpiles that must be
located within these areas to prevent this species from entering the stockpiles.The ESA fencing and San Bernardino kangaroo rat
exclusionary fencing will be inspected by the biological monitor to ensure that it is in place and properly maintained and that no San
Bernardino kangaroo rat are present.If sign of this species is found,then a qualified biologist will conduct trapping within these areas
and release any captured individuals into suitable habitat areas,outside the construction limits,in the immediate project vicinity.
Stockpiles will be removed no more than 45 days after construction.This measure will not apply to stockpiles in permanently impacted
areas and areas adjacent to trace habitat(e.g.,active mining areas,groundwater recharge basins adjacent to San Bernardino
kangaroo rat trace habitat)(Wash Plan HCP,Section 5.5).
BIO-48 A USFWS-approved biological monitor and/or designated biologist will serve as the contact source for any personnel who might
inadvertently kill or injure a San Bernardino kangaroo rat or who finds a dead,injured,or entrapped individual.The designated
biological monitor and/or designated biologist will be identified within the Biological Resource Information program.The designated
biological monitor's and/or designated biologist's name and telephone number shall be provided to the USFWS.
BIO-49 Any personnel who inadvertently kills or injures a San Bernardino kangaroo rat shall immediately report the incident to the
designated biological monitor and/or designated biologist,who will notify the USFWS immediately and in writing within three working
days. Notification must include the date,time,and location of the incident or of the finding of a dead or injured animal,as well as any
other pertinent information.
BIO-50 No firearms or pets will be allowed in,or adjacent to,the project site.Firearms carried by authorized security and law
enforcement personnel are exempt(Wash Plan HCP,Section 5.5).
BIO-51 Rodenticides,herbicides,insecticides,or other chemicals that could potentially harm San Bernardino kangaroo rat will not be
used within areas that could support San Bernardino kangaroo rat.Project construction activities outside of the Wash Plan HCP
Preserve or other natural areas that use chemicals or generate byproducts that are potentially toxic or may adversely affect wildlife and
plant species,habitat,or water quality will incorporate measures to ensure that application of such chemicals does not result in any
discharge into the Wash Plan HCP Preserve or other natural areas(Wash Plan HCP,Section 5.5).
BIO-52 Litter control measures will be implemented.Trash and food items will be stored in closed containers so not readily accessible
to scavengers and will be removed from the construction site on a daily basis so as not to attract potential San Bernardino kangaroo rat
predators.
BIO-53 Spoils and rubble will not be deposited outside the identified limits of construction and material waste generated by the project
will be disposed of offsite.
BIO-54 In areas where temporary ground disturbance occurs,including trenching,in San Bernardino kangaroo rat suitable habitat,the
top 20 inches of soil/substrate will be segregated,preserved,and placed back in the same location and approximate configuration
when the trench is backfilled. It will be compacted to within 5%of the average compaction of the natural substrate.If significant(over
30%)invasive weed cover is found,the topsoil will not be replaced in the top uncompacted fill,but will be used for lower compacted
backfill.In all cases the top 20 inches will be uncompacted and as suitable for San Bernardino kangaroo rat burrowing as possible
(Wash Plan HCP,Volume 5.5).The contractor will ensure that excavated cut material is stored at a location where it is not an attractive
nuisance to San Bernardino kangaroo rat.
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BIO-55 Project impacts on San Bernardino kangaroo rat will be mitigated by purchasing Conservation District-owned Wash Plan HCP
mitigation lands(see 13I0-16),as stipulated in the Wash Plan HCP.Permanent impacts on San Bernardino kangaroo rat will be
mitigated at a minimum 1:1 ratio or as determined by the resource agencies.
BIO-56 To determine if burrowing owls are occupying the project limits or adjacent areas prior to construction,a take avoidance survey
following CDFW protocol(2012)will be conducted no more than 14 days prior to initiating ground disturbance activities.In addition,any
time lapses between project activities will trigger subsequent take avoidance surveys.The survey will be conducted from civil,twilight to
10 a.m.or 2 hours before sunset until evening civil twilight within areas providing suitable habitat for burrowing owl.The survey will
include the proposed project limits and a 300-foot buffer if performed between February 15 and August 31 (nesting season)and a 100-
foot buffer if conducted outside of the nesting season.If burrowing owls are present within 300 feet of project activities during the
breeding season or within 100 feet of project activities outside of the nesting season,Measure BIO-57 or BIO-58 will be implemented,
as applicable.
BIO-57 If burrowing owls are found during pre-construction take avoidance surveys during the nesting season(13I0-56),the burrowing
owls will be fully avoided by establishing an appropriate buffer in coordination with CDFW.
BIO-58 If burrowing owls are found during pre-construction take avoidance surveys outside of the nesting season(13I0-56),passive
relocation by a qualified avian biologist will be conducted once it has been confirmed that pairing activities have not begun.Passive
relocation efforts will be conducted in coordination with CDFW.If the burrowing owl is found to be paired and exhibiting potential
nesting behavior,construction disturbance will not occur within a designated buffer determined in coordination with CDFW of the active
burrow(s)until it is confirmed by the avian biologist that the pair is not nesting and that young are not present,or if present are
independently foraging.
BIO-59 Prior to the start.of project construction,a daytime assessment will be conducted by a qualified bat biologist to reexamine
structures that are suitable for bat use.If bat sign is observed at that time,then nighttime bat surveys will be conducted to confirm
whether the structures with suitable habitat identified during the preliminary assessment are utilized by bats for day roosting and/or
night roosting,to ascertain the level of bat foraging and roosting activity at each of these locations,and to perform exit counts to visually
determine the approximate number of bats utilizing the roosts.Acoustic monitoring will also be used during these surveys to identify the i
bat species present and to determine an index of relative bat activity for that site on that specific evening. I
i
BIO-60 A qualified bat biologist will survey the BSA prior to construction to assess the potential for maternity roosts in the BSA.The
surveys may include a combination of structure and tree inspection,sampling,exit counts,and acoustic surveys.
i
BIO-61 The removal of mature trees and snags shall be minimized to the greatest extent practicable.Prior to tree removal or trimming,
large trees and snags shall be examined by a qualified bat biologist to ensure that no roosting bats are present.Palm frond trimming,if
necessary,shall be conducted outside the maternity season(i.e.,April 1—August 31)to avoid potential mortality to flightless young.
i
BIO-62 If maternity sites are identified during the preconstruction bat habitat assessment,then no construction activities at that location
will be allowed during the maternity season(i.e.,April 1—August 31)unless a qualified bat biologist has determined the young have i
been weaned. If maternity sites are present,and it is anticipated that construction activities cannot be completed outside of the
maternity season,then bat exclusion at maternity roost sites will be completed by the qualified bat biologist in consultation with CDFW
either as soon as possible after the young have been weaned or outside of the maternity season or as otherwise approved by the
qualified bat biologist in coordination with CDFW.
BIO-63 A Nesting Bird Management Plan will be drafted to provide a comprehensive approach to handling nesting birds prior to the
commencement of construction.It will include the following items:
•If vegetation clearing is to occur during the avian nesting season(i.e.,February 1—September 15),the designated biologist will
conduct a preconstruction survey of construction areas and adjacent habitat in the near vicinity no more than 72 hours prior to
construction to identify the locations of avian nests.Should nests be found,an appropriate buffer will be established around each nest
site by a qualified biologist/biological monitor until nesting is completed.
•Nesting bird habitat within the BSA will be resurveyed during the breeding bird season if there is a lapse in construction activities
longer than seven days.
BIO-64 Preconstruction clearance surveys for sensitive wildlife species will be performed within 48 hours prior to construction to flush
the species from the construction footprint.No nesting birds will be flushed during the nesting season.Bats will not be flushed but will
be protected as specified in Section 4.3.5.Amphibians,reptiles,and burrowing wildlife will be-relocated from the site of temporary or
permanent impacts as feasible during preconstruction clearance surveys.
BIO-65 Project activities that are adjacent to or surrounded by the Wash Plan HCP Preserve or other natural areas that generate noise
in excess of 60 dBA Leq hourly will incorporate noise-reducing features,as appropriate,to minimize the effects of noise on the adjacent
Wash Plan HCP Preserve or other natural areas.Noise must be reduced to 60 dBA Leq at the edge of the Wash Plan HCP Preserve
(Wash Plan HCP,Section 5.5).
BIO-66 E ui ment maintenance lighting,and staging will occur only in designated areas and will not block or impede movement
through wildlife corridors.
BIO-67 Construction activity and access roads will be minimized to the maximum extent practicable in all drainages,streams,pools,or
other features that could be under the jurisdiction of the USACE,RWQCB,and/or CDFW.
BIO-68 The project limits of disturbance,including the upstream,downstream,and lateral extents on either side of any stream adjacent
to the project footprint,will be clearly defined and marked in the field.The biological monitor will review the limits of disturbance prior to
initiation of construction activities.The upstream and downstream limits of project disturbance,plus the lateral limits of disturbance on
either side of the stream,will be clearly defined and marked in the field,including ESA fencing installed during construction to ensure
avoidance of jurisdictional areas.
BIO-69 To address effects on jurisdictional areas,a compensatory mitigation plan will be developed during the permitting phase.
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BIO-70 Permanent impacts on non-wetland waters will be mitigated through the Conservation District Plunge Creek Mitigation Project
or other approved mitigation provider at a minimum 1:1 ratio or as determined by the agencies.The compensatory mitigation ratio for
project impacts on wetlands or other waters may increase following future discussions with the resource agencies.
CM-1 Caltrans,the local applicants,and/or the Project contractor will retain a biologist familiar with SBKR,woolly-star and their habitats
within the Project area.This individual will function as the Designated Biologist for the duration of Project related activities.The
Designated Biologist will monitor habitat conditions and Project related activities at a frequency necessary to ensure compliance with
this biological opinion,including Conservation Measures and Terms and Conditions identified in this document,and have the authority
to halttsuspend all Project related activities in non-compliance until appropriate corrective measures have been taken.Caltrans and the
U.S.Fish and Wildlife Service(Service)will periodically evaluate whether additional monitoring needs, if any,are required.In addition:
a.At least 15 days prior to the start of Project-related activities,Caltrans will submit to the U.S.Fish and Wildlife Service Palm Springs
office(PSFWO)for approval the name(s),and resumes of the Designated Biologist,in addition to other prospective biological monitors;
b.The Designated Biologist will have expertise with federally listed SBKR and woolly-star and their associated habitats within the
Project area;
c.Prior to vegetation clearing or construction;the limits of Project disturbance will be delineated with highly visible barriers(such as
orange construction fencing)and identified as Environmentally Sensitive Areas(ESA)and installed under the supervision of the
Designated Biologist(see also CM 5.b and CM10);
d.To avoid incidental disturbance of habitat and species of concern outside the Project footprint,the Designated Biologist will be
present daily during exclusionary and ESA fencing installation,vegetation clearing and grading.Following grading or clearing of the
Project footprint to mineral soil,the presence of Designated Biologist may be reduced to one or more days per week.
CM-2 A Biological Resource Information program intended for all construction personnel will be developed and implemented prior to
construction.At a minimum,the program will include information related to:(1)the biology,conservation,and legal status of SBKR and
woolly-star;(2)the responsibilities of the biological monitor;(3)purpose of delineating and flagging of adjacent habitat;(4)the
limitations on all movement of onsite personnel, including ingress and egress of equipment to designated construction zones
(personnel shall not be allowed access to adjacent sensitive habitats);(5)onsite pet prohibitions;(6)the use of trash containers for
disposal of removal of trash;and(7)Project features designed to reduce the impacts on listed species and habitat and promote
continued successful occupation of adjacent habitat.Supporting materials will be provided to all construction personnel during the
training program.
CM-3 Pre-construction notification will be provided to the Service at least 5 days prior to Project initiation.
CM-4 Wildlife-friendly lighting,including low-pressure sodium or amber LED overhead lights,will ensure any lighting illuminates only
paved areas and not adjacent habitat.If glare from lighting fixtures directly illuminates adjacent habitat,Caltrans or the City of Highland
will either replace lamps within the alternative lighting fixtures or install shielding to direct light onto paved surfaces.
CM-5 Before ground disturbance or other activities,a qualified botanist will survey all proposed construction and access areas for
presence of woolly-star.Pre-construction surveys will occur during the appropriate season and in accordance with established
protocols up to one year in advance of construction,provided temporary construction easements have been granted to construction
areas.Surveys will be conducted in areas containing suitable woolly-star habitat(i.e.,Riversidean alluvial fan sage scrub)for the
purpose of documenting plant locations relative to the construction areas and identifying opportunities for avoidance,where feasible:
a. Populations of woolly-star will be clearly mapped and recorded along with the approximate numbers of individuals in each population
and their respective condition.To the maximum extent feasible,construction areas and access roads will be adjusted to avoid loss of
individual woolly-star and damage to habitats supporting this plant;
b. If surveys cannot be conducted prior to construction,then installation of ESA fencing for avoidance of woolly-star outside the project
footprint will be guided by previously documented woolly-star occurrence areas(CM-1 c.).
CM-6 If woolly-star is detected during pre-Project surveys,seeds will be collected at the appropriate time(usually fall)prior to ground
disturbance.Seed collection and storage will be by an entity that has a Memorandum of Understanding with the Service to process and
handle the seeds of endangered plant taxa.The cost of seed collection, up to two years of storage,and planting will be borne by the
local applicant.
CM-7 Collected woolly-star seed will be distributed in the temporary disturbance areas over consecutive years following the completion
of construction.The timing and methods of planting will be determined in coordination with the Service and a qualified botanist or
restoration biologist will woolly-star experience.
CM-8 The replanting site will be monitored and maintained(e.g.,weed control)for two years or until woolly-star is considered to be re-
established to target values.
CM-9 Caltrans will submit an SBKR exclusion fencing plan design to the Service for review,and approval a minimum of 60 days prior to
the onset of ground disturbing activities:
a.Exclusion fence installation will be overseen by the Designated Biologist or other Service-approved biologist will small mammal
expertise.During fence construction,the Designated Biologist,or other Service-approved biologist,will hand-excavate detected
kangaroo rat burrows within 20 feet in advance of trenching for fence installation.Any SBKR captured will be held for no more than 24-
hrs and deposited into adjacent habitat at dusk;
b.Following exclusionary fence installation,and prior to the commencement of other ground disturbance,a Service approved biologist
will trap for SBKR within suitable habitat areas subject to disturbance;any trapped SBKR will be released outside the construction
limits,into in suitable habitat areas within the immediate Project vicinity.Trapping will continue for a minimum of five consecutive nights,
or until there have been two consecutive nights with no SBKR captured.
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c.Within 30 days following trapping with in the exclusion area,the Designated Biologist will submit a report to Caltrans and the PSFWO
describing the trapping effort and results.
CM-10 The ESA fencing and SBKR exclusion fencing will be inspected daily by the Designated Biologist,or other individual approved
by Caltrans or the local applicants,to ensure that it is in place and properly maintained(CM-1 c.);A record of the daily inspection will be
made and provided to the Designated Biologist during weekly site visits.
CM-11 All Project activities will take place during the daylight hours;no nighttime construction work will occur.
CM-12 Except on paved roads with posted speed limits and in aggregate mining operations areas with established speed limits per
their mining plan,vehicle speeds will not exceed 15 miles per hour during travel associated with the Project.
CM-13 No open trenches or holes will be left overnight without covering,fencing,or providing escape ramps with a minimum 3:1 slope.
CM-14 Unburied pipes or conduit laid in trenches overnight will be capped.Uncapped pipes or conduits will be thoroughly inspected for
the presence of SBKR before the pipe is subsequently buried,capped,or otherwise used or moved in any way.
CM-15 Soil stockpiles will be located outside of suitable SBKR habitat and ESA areas,to the maximum extent feasible.ESA fencing
and SBKR exclusionary fencing will be placed around any soil stockpiles that must be located within these areas to prevent SBKR from
entering the stockpiles.
CM-16 Any personnel who finds a dead,injured,or entrapped SBKR,will promptly contact the biological monitor who will notify the
Service immediately,and in writing within two working days.
CM-17 For ground excavations within suitable SBKR habitat,the biological monitor will ensure the top 20 inches of soil/substrate is
segregated,preserved,and placed back in the same location and approximate configuration when any trench is backfilled.
CM-18 To offset permanent impacts to SBKR habitat,5.61 acres of occupied SBKR habitat will be acquired through purchase of San
Bernardino Valley Conservation District owned lands,protected with a conservation easement and managed by the San Bernardino
Valley Conservation Trust.
Cultural Resources:The Area of Potential Effects(APE)was established from the project footprint,including the limits of the current
and proposed right-of-way(ROW),temporary construction easements,and staging areas,plus a buffer to include potential indirect
effects that may develop as a result of this undertaking.The vertical APE is limited to the projects Area of Direct Impact(ADI)as well
as the area of any temporary or staging activity related to the ADI.If aspects of the project ADI,such as pavement work,grind and
overlay work,or other project elements,occur upon bridge decking alone,the areas below the subject ADI are not included in the
vertical APE.The maximum ground disturbance depth would be 20 feet at some locations because of abutment excavation for the
proposed pedestrian bridge on the east side of the APE at Plunge Creek. Three non-exempt historic-era resources over 50 years old
are identified as present within the APE:Boulder Trailer Park,28415 Greenspot road,and Orange Street culverts over Santa Ana River
Wash.None of the three evaluated properties are eligible for the National Register of Historic Places.Results of an archaeological
records search indicated that 45 previously recorded resources are within 0.5-mile of the APE;and one archaeological resource,a
historic-period refuse scatter,intersects the APE.However,based on field surveys,the original boundaries of the site is buried under
several feet of fill and road base.No intact elements of the historic-period refuse scatter extend into the horizontal or vertical APE.No
new archaeological resources were recorded during the field surveys.
Measures:
CRA If buried cultural resources are encountered during Project Activities,it is Caltrans policy that work stop in the area until a
qualified archaeologist can evaluate the nature and significance of the find.
CR-2 In the event that human remains are found,the county coroner shall be notified and ALL construction activities within 60 feet of
the discovery shall stop.Pursuant to Public Resources Code Section 5097.98,if the remains are thought to be Native American,the
coroner will notify the Native American Heritage Commission(NAHC)who will then notify the Most Likely Descendent(MLD).The
person who discovered the remains will contact the Caltrans District 8 Division of Environmental Planning;Andrew Walters,DEBC:
(909)383-2647.Further provisions of PRC 5097.98 are to be followed as applicable.
Water Quality and Floodplain:The construction,use,operation,and maintenance of the proposed project have the potential to
contribute pollutants to stormwater runoff from the project.Because stormwater runoff from the project may enter Santa Ana River by
direct discharge or by indirect discharge through the municipal separate storm drain system(MS4),measures to control, reduce,or
eliminate the discharge of pollutants to the Project's stormwater runoff are required.Segments of Orange Street within the Santa Ana
River Floodplain have been determined to encroach into designated Zone X which means these segments are subject to moderate
flood hazards,usually between the limits of the 100-year and 500-year floods.Segments of Orange Street over Plunge Creek and Elder
Gulch floodplain were found to encroach into a designated Zone A,which means that the segments lie in areas subject to inundation by
the 100-year flood event with no base flood elevation given.The proposed pedestrian bridge will be constructed at an elevation above
the 100-year flood elevation.The ground surface of the trail from Station 106+50.00 to Station 120+72.34 is below the 100-year flood
elevation and would thus be inundated.The trail will be closed off for use during major flood events.The segment of Orange Street
Mr the Santa AIIN RIM fr5m Simon su+n..23 M S=1611 56T 15.5 7 W59 ZI9t9rMIn9d to 15e saMly crossing over Ine I 00-year floodplairr-
with no encroachment into the regulatory floodway of the Santa Ana River floodplain.
Measures:
WQ-1:Education for Property Owners,Operators,Tenants,Occupants,or Employees.The City of Highland will provide affected city
personnel with general WQMP education materials from the Santa Ana River Region Stormwater Management Plan and/or California
Regional Water Quality Control Board,Santa Ana River Basin Region,California Stormwater Quality Association BMP Handbook,or
other appropriate sources.These educational materials shall include general housekeeping practices that prevent pollutant loading on
site stormwater runoff and other BMPs that eliminate or reduce pollutant loading during subsequent Project improvements.
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08-SBd-Highland N/A N/A ATPL 5449(035)
Dist.-Co.-Rte. or Local Agency) P.M./P.M. E.A/Project No. Federal-Aid Project No. Local Project)/Project No.
WQ-2:Activity Restrictions.The types of activities allowed within the Project will be limited to and in accordance with the City of
Highland codes, regulations,and zoning ordinances.Activities such as staging or stockpiling construction and landscaping materials or
wastes in areas where they can be discharged to storm drains will be prohibited.Activities associated with street and landscape
maintenance,which can discharge pollutants(oil/grease,sediments,solvents,pesticides,herbicides,etc.)into Plunge Creek and Santa
Ana River,will be prohibited.Additionally,vehicle maintenance and washing will be prohibited since it is not a feature of the Project or
associated Project activities.
WQ-3:Common Area Litter Control.There is no common area proposed for the project.Windblown trash and littering are the primary
anticipated source of litter.The trail will be inspected periodically and prior to the storm season(October 1 st),and any accumulation of
trash and debris will be removed.
WQ-4:BMP Facility Inspection and Maintenance.A proposed decomposed granite shoulder along the length of the trail that crosses
Plunge Creek and the Santa Ana River will be installed and maintained to minimize the impact of stormwater quality.The decomposed
granite shoulder will be inspected and repaired for damages and maintained periodically and prior to the storm season(October 1 st),
and any accumulation of sediment,trash,or debris will be removed to ensure the drainage swale is functioning properly.
Upon completion of the project and for operation of the trail,the City of Highland will conduct training sessions for staff and associated
contractors covering the requirement of the source Control BMPs including,but not limited to the requirements of the Santa Ana River
Region Stormwater Management Plan and Stormwater Discharge General Permit.
The City of Highland will ensure that updated training materials are provided to city staff and service contractors annually and will be
responsible for providing BMP training and education programs to all affected new employees,including service contractors.A record
of city staff and service contractors who were trained shall maintained along with their respective training dates.
Environmental Permits
• California Department of Fish and Wildlife:Section 1602 Streambed Alteration Agreement,2081 Incidental Take Permit.
• Regional Water Quality Control Board:Porter-Cologne and Clean Water Act Section 401 Water Quality Certification. j
• U.S.Army Corps of Engineers:CWA Section 404 Nationwide Permit 14.
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