Fresno City Council
May 7, 2026

Table 3.3-2 presents farmland classifications for the study area.

Table 3.3-2 Farmland Mapping and Monitoring Program Designation Classification Name Number of Acres Percent
Farmland of Local Importance 174 48%
Nonagricultural and Natural Vegetation 172 49%
Urban and Built-Up Land 7 2%
Vacant or Disturbed Land 5 1%
Total 358* 100%
* Total acres in Tables 3.3-1 and 3.3-2 are different because of the dissimilar databases of the County of Fresno and California Department of Conservation.

Sources: DOC 2014; County of Fresno 2014b

The following definitions of Farmland Mapping and Monitoring Program categories were taken from the California Department of Conservation (DOC 2014).

3.3.2.3 Farmland of Local Importance
Farmland of Local Importance is land of importance to the local agricultural economy as determined by each county’s board of supervisors and a local advisory committee. In Fresno County, this means all farmable lands that do not meet the definitions of Prime, Statewide, or Unique are Farmland of Local Importance. This includes land that is or has been used for irrigated pasture, dryland farming, confined livestock and dairy, poultry facilities, aquaculture, and grazing land.

3.3.2.4 Nonagricultural or Natural Vegetation Land
Nonagricultural or Natural Vegetation Land is heavily wooded, rocky or barren areas, riparian and wetland areas, grassland areas that do not qualify for Grazing Land because of their size or land management restrictions, small water bodies, and recreational water ski lakes. Constructed wetlands are also included in this category.

3.3.2.5 Urban and Built-Up Land
Urban and Built-Up Land is land that is occupied by structures with a building density of at least one unit to

1.5 acres, or approximately six structures to a 10-acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration, railroad, and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes.

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3.3.2.6 Vacant or Disturbed Land
Vacant or Disturbed Land refers to open field areas that do not qualify for an agricultural category, mineral and oil extraction areas, off-road vehicle areas, electrical substations, channelized canals, and rural freeway interchanges.

In summary, there are four farmland classifications in the study area: Farmland of Local Importance (173.73 acres), Nonagriculture and Natural Vegetation (171.79 acres), Urban and Built-Up Land (7.26 acres), and Vacant or Disturbed Land (4.83 acres). No Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located in the study area. The land is not under a Williamson Act contract.

3.3.2.7 Forest and Timberland
Forest and timberland in Fresno County are located in the southern part of Sierra National Forest and the northern part of Sequoia National Forest. There are no forests or timberlands in or near the project area.

3.3.3 Regulatory Setting

3.3.3.1 Federal and State Laws, Regulations, and Policies No federal or State laws, regulations, or policies related to agriculture and forestry resources apply to the project.

3.3.3.2 Local Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan 2025 dated February 1, 2002, presents the following policy relevant to agricultural use along the San Joaquin River.
o Policy G-5-g: In the San Joaquin River bottom, accommodate agriculture uses that do not stimulate unplanned growth or conversion of designated open space land to urban uses.

City of Fresno General Plan Update 2035
The City’s General Plan Update 2035 does not present new agricultural policies that are relevant to the project. Farmland within the City’s sphere of influence is not classified or considered a long-term strategic farmland because it is assumed that it will be urbanized in the future.

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3.3.4 Impact Analysis

3.3.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of agriculture and forest and timberland resources are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on agriculture and forest and timberland resources if it would:
• convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use;
• conflict with existing agricultural zoning or Williamson Act contracts; • conflict with existing zoning for, or cause rezoning of, forestland (as defined in PRC Section 12220[g]), timberland (as defined by PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104[g]); • result in the loss of forestland or conversion of forestland to nonforest use; or • involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forestland to nonforest use.

3.3.4.2 Methodology
The analysis of the project’s potential impacts was based on an evaluation of the effects of the project on existing agriculture and timberland resources. In determining the extent and implications of the impacts, consideration was given to:
• the existing agriculture/timberland setting;
• conflicts with farmland, timberland, and land use designations; • conflicts with Williamson Act contracts; and
• the extent to which the affected environment contains existing or ongoing agricultural practices.

3.3.4.3 Impacts and Mitigation Measures
Impact 3.3-1: The project could convert Prime Farmland, Unique Farmland, of Farmland of Statewide Importance (Farmland) to nonagricultural use.

No Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located in the study area.

The project site has 173.73 acres of Farmland of Local Importance. Because the project area is within the I
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San Joaquin River floodplain and the City’s sphere of influence, it is not classified or considered long-term strategic farmland. The project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use. The impact would be less than significant. No mitigation is required.

Impact 3.3-2: The project could conflict with existing agricultural zoning or a Williamson Act contract.

The study area is zoned AE-5 and AE-20. The project would not conflict with existing agricultural zoning.

The project site is not under a Williamson Act contract. The impact would be less than significant. No mitigation is required.

Impact 3.3-3: The project could conflict with existing zoning or cause rezoning of forestland.

The study area is not zoned forestland or timberland as defined in PRC Section 12220(g), timberland as defined by PRC Section 4526, or timberland zoned Timberland Production as defined by Government Code Section 51104(g). No impact would occur.

Impact 3.3-4: The project could cause the loss or conversion of forestland to nonforest use.

The route of the trail extension and location of parking and recreation amenities would avoid the riparian woodland along the River. There are no forests or timberlands, as defined by PRC Section 4526 or Government Code Section 51104, in the project area. No impact would occur.

Impact 3.3-5: The project could involve other changes that could result in conversion of farmland to nonagricultural use or timberland to nonforest use.

The project would not convert agricultural land to nonagricultural use. The study area consists primarily of lands previously mined for gravel and ruderal grassland. In addition, no forests or timberlands are located in the project area. No impact would occur.

3.4 Air Quality

3.4.1 Introduction
This section considers the potential project effects on air quality from construction-related and operational emissions of air pollutants, and identifies opportunities to avoid, reduce, or otherwise mitigate potential significant impacts. This analysis includes a description of the existing environmental setting; an overview of the air quality regulatory framework that guides the decision-making process; a summary of the assessment methodology used to model air pollutant emissions; thresholds and other criteria for determining impact significance; an analysis of impacts; and mitigation measures as necessary.

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As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. Several comments were made that the DEIR should evaluate the impacts of the project on air quality.

3.4.2 Environmental Setting

3.4.2.1 San Joaquin Valley Air Basin
The project site is located in the San Joaquin Valley Air Basin (SJVAB), a continuous intermountain air basin. Because of the San Joaquin Valley’s unique physical characteristics, its air pollution potential is very high. Surrounding elevated terrain, in conjunction with temperature inversions, frequently restricts the lateral and vertical dilution of pollutants. Abundant sunshine and warm temperatures in summer are ideal conditions for the formation of photochemical oxidants, and the valley frequently experiences photochemical pollution. Air pollution transported from the San Francisco Bay Area and Sacramento region is believed to partially account for measured ozone levels.

3.4.2.2 Climate and Meteorology of the San Joaquin Valley Air Basin The project would be under the jurisdiction of SJVAPCD, which administers air quality regulations developed at the federal, State, and local levels. SJVAPCD regulates pollutants within SJVAB. The study area is located in the city of Fresno, within the SJVAB. Air pollution is directly related to a region’s topographic features. The San Joaquin Valley, which is approximately 250 miles long and averages 35 miles wide, is considered a “bowl” that is open only to the north. Although marine air generally flows into the basin from the north, the region’s topographic features restrict air movement through and out of the basin. These topographic features result in weak airflow, which becomes blocked vertically by high barometric pressure over the San Joaquin Valley. As a result, the SJVAB is highly susceptible to pollutant accumulation over time. Local climatological effects, including wind speed and direction, temperature, inversion layers, and precipitation and fog, can exacerbate air quality problems in the SJVAB. The climate of the SJVAB is characterized by warm, dry summers and mild winters.

Air quality is defined by the concentration of pollutants in relation to their impact on human health.

Concentrations of air pollutants are determined by the rate and location of pollutant emissions released by pollution sources, and the atmosphere’s ability to transport and dilute such emissions. Natural factors that affect transport and dilution include terrain, wind, and sunlight. Therefore, ambient air quality conditions within the local air basin are influenced by such natural factors as topography, meteorology, and climate, in addition to the amount of air pollutant emissions released by existing air pollutant sources.

The local meteorology of the area is represented by measurements recorded at the Fresno Yosemite International Airport weather station (Station 043257) (WRCC 2016c). The monthly average temperatures recorded between 1948 and 2016 at this station range from 37.6°F in January to 96.4°F in August. The I
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annual average temperature for this station is 76.5°F. December, January, and February typically are the coldest months in this area. Annual rainfall in the project area occurs mostly between December and March, with an average of approximately 11 inches per year.

3.4.2.3 Criteria Pollutants
Individual air pollutants at certain concentrations may adversely affect human or animal health, reduce visibility, damage property, and reduce the productivity or vigor of crops and natural vegetation. Six air pollutants have been identified by EPA and ARB as being of concern both on a nationwide and statewide level: ozone (O3); carbon monoxide (CO); nitrogen dioxide (NO2); sulfur dioxide (SO2); lead; and particulate matter (PM), which is subdivided into two classes based on particle size: PM equal to or less than 10 micrometers in diameter (PM10) and PM equal to or less than 2.5 micrometers in diameter (PM2.5).

Because the air quality standards for these air pollutants are regulated using human and environmental health–based criteria, they are commonly referred to as “criteria air pollutants.” Ozone
Ozone is the principal component of smog and is formed in the atmosphere through a series of reactions involving reactive organic gases (ROG) and oxides of nitrogen (NO X) in the presence of sunlight. ROG and
NOX are called precursors of ozone. NOX includes various combinations of nitrogen and oxygen, including nitric oxide (NO), NO2, and others. Ozone is a principal cause of lung and eye irritation in the urban environment. Significant O3 concentrations are usually produced only in the summer, when atmospheric inversions are greatest and temperatures are high. ROG and NOX emissions are both considered critical in formation of O3.

Individuals exercising outdoors, children, and people with preexisting lung disease, such as asthma and chronic pulmonary lung disease, are considered to be the most susceptible subgroups for ozone effects.

Short-term exposure (lasting for a few hours) to O
3 can result in breathing pattern changes, reduction of breathing capacity, increased susceptibility to infections, inflammation of the lung tissue, and some immunological changes. In recent years, a correlation between elevated ambient O3 levels and increases in daily hospital admission rates, as well as mortality, has also been reported. An increased risk for asthma has been found in children who participate in multiple sports and live in communities with high O 3 levels.

Carbon Monoxide
CO is a colorless and odorless gas that, in the urban environment, is associated primarily with the incomplete combustion of fossil fuels in motor vehicles. Relatively high concentrations are typically found near crowded intersections and along heavily used roadways carrying slow-moving traffic. Even under most severe meteorological and traffic conditions, high concentrations of CO are limited to locations within a relatively short distance (300–600 feet) of heavily traveled roadways. Vehicle traffic emissions can cause I
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localized CO impacts, and severe vehicle congestion at major signalized intersections can generate elevated CO levels, called “hot spots,” which can be hazardous to human receptors adjacent to the intersections. CO combines with hemoglobin in the bloodstream and reduces the amount of oxygen that can be circulated through the body. High CO concentrations can lead to headaches, aggravation of cardiovascular disease, and impairment of central nervous system functions.

Individuals with a deficient blood supply to the heart are the most susceptible to the adverse effects of CO exposure. The effects observed include earlier onset of chest pain with exercise, and electrocardiograph changes indicative of decreased oxygen supply to the heart. Inhaled CO has no direct toxic effect on the lungs, but exerts its effect on tissues by interfering with oxygen transport. Hence, conditions with an increased demand for oxygen supply can be adversely affected by exposure to CO. Individuals most at risk include fetuses, patients with diseases involving heart and blood vessels, and patients with chronic hypoxemia (oxygen deficiency) as seen at high altitudes.

Oxides of Nitrogen
NOX emissions are generated primarily by the combustion of fuels. Oxides of nitrogen include NO and NO2. NO2 is formed when O3 reacts with NO in the atmosphere, and is listed as a criteria pollutant because NO2 is more toxic than NO. NO2 is a product of combustion and is generated by vehicles and stationary sources, such as power plants and boilers. NO2 is a principal contributor to O3 and smog generation and can provoke lung irritation and lung damage.

Population-based studies suggest that an increase in acute respiratory illness, including infections and respiratory symptoms in children, and an increase in resistance to airflow and airway contraction is observed after short- or long-term exposure to NO
2 in healthy subjects. Larger decreases in lung functions are observed in individuals with asthma or chronic obstructive pulmonary disease (e.g., chronic bronchitis, emphysema) than in healthy individuals, indicating a greater susceptibility of these subgroups.

Sulfur Dioxide
SO2 is a combustion product, with the primary source being power plants and heavy industries that use coal or oil as fuel. SO2 is also a product of diesel engine combustion. SO2 in the atmosphere contributes to the formation of acid rain.

In asthmatics, increased resistance to airflow and reduced breathing capacity leading to severe breathing difficulties are observed after acute exposure to SO2. In contrast, healthy individuals do not exhibit similar acute responses even after exposure to higher concentrations of SO2. Some population-based studies indicate that the mortality and morbidity effects associated with fine particles show a similar association with ambient SO2 levels. In these studies, efforts to separate the effects of SO2 from those of fine particles I
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have not been successful. It is not clear whether the two pollutants act synergistically or one pollutant alone is the predominant factor.

Lead
Lead is a highly toxic metal that may cause a range of human health effects. Previously, the lead used in gasoline anti-knock additives represented a major source of lead emissions to the atmosphere. Soon after its inception, EPA began working to reduce lead emissions, issuing the first reduction standards in 1973.

Lead emissions have decreased significantly as a result of the near-elimination of leaded gasoline use.

Fetuses, infants, and children are more sensitive than others to the adverse effects of lead exposure.

Exposure to low levels of lead can adversely affect the development and function of the central nervous system, leading to learning disorders, distractibility, inability to follow simple commands, and lower intelligence quotients. In adults, increased lead levels are associated with increased blood pressure. Lead poisoning can cause anemia, lethargy, seizures, and death, although it appears that there are no direct effects of lead on the respiratory system.

Particulate Matter
Particulate matter is a complex mixture of extremely small particles and liquid droplets. PM is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. Natural sources of PM include windblown dust and ocean spray. The size of PM is directly linked to the potential for causing health problems. EPA is concerned about particles that are 10 micrometers in diameter or smaller, because these particles generally pass through the throat and nose and enter the lungs. Once inhaled, these particles can affect the heart and lungs and cause serious health effects and even death.

Individuals particularly sensitive to fine particle exposure include older adults, people with heart and lung disease, and children. The size of particles is directly linked to the potential for health problems. Small particles less than 10 micrometers in diameter (PM10) pose a big problem, because they can get deep into lungs and the bloodstream. Being even smaller, PM2.5 travels farther into the lungs. Exposure to such particles can affect both the lungs and the heart. Numerous scientific studies have linked particle pollution exposure to a variety of problems, including premature death in people with heart or lung disease, nonfatal heart attacks, irregular heartbeat, aggravated asthma, decreased lung function, and increased respiratory symptoms, such as irritation of the airways, coughing or difficulty breathing. EPA groups particulate matter into two categories, which are described below.

PM with a diameter size equal to or less than 10 micrometers is referred to as PM10. PM10 includes both fine and coarse dust particles; the fine particles are PM2.5. Coarse particles, such as those found near roadways and dusty industries, are larger than 2.5 micrometers and smaller than 10 micrometers in I
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diameter. Sources of coarse particles include crushing or grinding operations and dust from paved or unpaved roads. Control of PM10 is achieved primarily by controlling dust at construction and industrial sites, cleaning paved roads, and wetting or paving frequently used unpaved roads.

Fine particulates, such as those found in smoke and haze, are PM2.5. Sources of fine particles include all types of combustion activities (e.g., motor vehicles, power plants, wood burning) and certain industrial processes. PM2.5 is also formed through reactions of gases, such as SO2 and NOX, in the atmosphere.

PM2.5 is the major cause of reduced visibility (haze) in California.

3.4.2.4 Air Quality Standards
Health-based air quality standards have been established for these criteria pollutants by EPA at the national level and by ARB at the State level. These standards were established to protect the public with a margin of safety from adverse health impacts caused by exposure to air pollution. California has also established standards for sulfates, visibility-reducing particles, hydrogen sulfide, and vinyl chloride. Table

3.4-1 presents the national ambient air quality standards (NAAQS) and the California ambient air quality standards (CAAQS). These health-based pollutant standards are reviewed on a legally prescribed frequency and revised as new health and welfare effects data warrant. Each standard is based on a specific averaging time over which the concentration is measured. Different averaging times are based upon protection of short-term, high-dosage effects or longer-term, low-dosage effects. NAAQS may be exceeded no more than once per year; CAAQS are not to be exceeded.

3.4.2.5 Ambient Air Quality in the San Joaquin Valley Air Basin Ambient air pollutant concentrations in the SJVAB are measured at air quality monitoring stations operated by ARB and SJVAPCD. Ambient air quality in Fresno County is monitored at six permanent air monitoring stations. The air quality monitoring station with the most extensive history of monitored data is the Fresno– 1st Street monitoring station, located at 3425 N. 1st Street in Fresno. Table 3.4-2 presents the most recent data over the past 3 years from the Fresno–1st Street monitoring station as summaries of the exceedances of standards and the highest pollutant levels recorded for years 2010 through 2012. These concentrations represent the existing, or baseline, conditions for the project, based on the most recent information available.

As shown in Table 3.4-2, ambient air concentrations of CO at the Fresno–1st Street monitoring station have not exceeded the NAAQS or CAAQS in the past 3 years. The NO2 concentration exceeded the CAAQS in 2010 and 2011 with no data available for 2012. The 1-hour NO2 NAAQS was never exceeded.

The 8-hour O3 concentration was exceeded in 2010 and 2011 with no measurements recorded in 2012.

The PM2.5 concentration exceeded the 24-hour NAAQS each year and the PM10 concentration exceeded the CAAQS for each year, but not the NAAQS in the past 3 years.

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Table 3.4-1 National and California Ambient Air Quality Standards Pollutant Averaging Time
California Standards
a
National Standards
b

Concentration
c
Primary
,d c
Secondary
,e

c
Ozone
1 hour 0.09 ppm (180 μg/m3) –
Same as
primary standard 8 hours 0.070 ppm (137 μg/m3)

0.070 ppm
(137 μg/m3)
Respirable particulate matter
(PM10)f
24 hours 50 μg/m3 150 μg/m3 Same as
primary standard Annual arithmetic
mean 20 μg/m3 –
Fine particulate matter
(PM2.5) f
24 hours – 35 μg/m3 Same as
primary standard
Annual arithmetic
mean 12 μg/m3 12 μg/m3 15 μg/m
Carbon monoxide (CO)
8 hours 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3)
None
1 hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3)
8 hours (Lake Tahoe) 6 ppm (7 mg/m3) – –
Nitrogen dioxide
(NO2) g
Annual arithmetic
mean 0.030 ppm (57 μg/m3)

0.053 ppm
(100 μg/m3)
Same as
primary standard
1 hour 0.18 ppm (339 μg/m3)
100 ppb
(188 μg/m3) None
Sulfur dioxide (SO2) h
Annual Arithmetic
Mean –

0.030 ppm
(for certain areas) h –
24 hours 0.04 ppm (105 μg/m3)

0.14 ppm
(for certain areas) h –
3 hours – – 0.5 ppm (1,300 μg/m3)
1 hour 0.25 ppm (655 μg/m3) 75 ppb (196 μg/m3) –
Lead , ji
30-day average 1.5 μg/m3 – –
Calendar quarter –

1.5 μg/m3
(for certain areas) j Same as
primary standard Rolling 3-month
average – 0.15 μg/m3
Visibility-reducing particles k 8 hours See footnote j
No national standards Sulfates 24 hours 25 μg/m3
Hydrogen sulfide 1 hour 0.03 ppm (42 μg/m3)
Vinyl chloride i 24 hours 0.01 ppm (26 μg/m3)

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Notes for Table 3.4-1.

Notes: mg/m
3 = milligrams per cubic meter; ppb = parts per billion; ppm = parts per million; µg/m 3 = micrograms per cubic meter
a
California standards for ozone, carbon monoxide (except 8-hour Lake Tahoe), sulfur dioxide (1- and 24-hour), nitrogen dioxide, and particulate matter (PM10, PM2.5, and visibility-reducing particles), are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations.
b
National standards (other than ozone, particulate matter, and those based on annual arithmetic mean) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over 3 years, is equal to or less than the standard. For PM10, the 24-hour is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 µg/m 3 is equal to or less than 1. For PM2.5, the 24-hour standard is attained when 98% of the daily concentrations, averaged over 3 years, are equal to or less than the standards. c
Concentration expressed first in the units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25 degrees Celsius and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25°C and reference pressure of 760 torr; (ppm) in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.
d
National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health. e
National Secondary Standards: The levels of air quality necessary to protect public welfare from any known or anticipated adverse effects of a pollutant.
f
On December 14, 2012, the national annual PM2.5 primary standard was lowered from 15 μg/m 3 to 12.0 μg/m
3 . The existing national
24-hour PM2.5 standards (primary and secondary) were retained at 35 μg/m 3 , as was the annual secondary standard of 15 μg/m
3 .

The existing 24-hour PM10 standards (primary and secondary) of 150 μg/m 3 also were retained. The form of the annual primary and secondary standards is the annual mean, averaged over 3 years. g
To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 ppb. California standards are in units of ppm. To directly compare the national 1-hour standard to the California standards the units can be converted from 100 ppb to 0.100 ppm. h
On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 ppb. The 1971 SO2 national standards (24-hour and annual) remain in effect until 1 year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved. To directly compare the 1-hour national standard to the California standard, the units can be converted to ppm. In this case, the national standard of 75 ppb is identical of 0.075 ppm.
i
ARB has identified lead and vinyl chloride as toxic air contaminants with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.
j
The national standard for lead was revised on October 15, 2008, to a rolling 3-month average. The 1978 lead standard (1.5 µg/m 3 as a quarterly average) remains in effect until 1 year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978 standard, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standards are approved.
k
In 1989, ARB converted both the general statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are “extinction of 0.23 per kilometer” and the “extinction of 0.07 per kilometer” for the statewide and Lake Tahoe Air Basin standards, respectively.

Source: ARB 2016a

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Carbon Monoxide (CO) a
National maximum 8-hour concentration (ppm) 2.03 2.29 2.22 State maximum 8-hour concentration (ppm) 2.03 2.29 2.22 Number of Days Standard Exceeded Pol
lutant Standards 2010 2011 2012
NAAQS 8-hour (>9.0 ppm) 0 0 0
CAAQS 8-hour (>9.0 ppm) 0 0 0
Nitrogen Dioxide (NO2) Pol
lutant Standards 2010 2011 2012
National maximum 1-hour concentration (ppb) 77.0 61.8 59.4 State maximum 1-hour concentration (ppb) 56 61 59
Number of Days Standard Exceeded Pol
lutant Standards 2010 2011 2012
NAAQS 1-hour 0 0 0
CAAQS 1-hour 13 12 *
Ozone (O3) Pol
lutant Standards 2010 2011 2012
National maximum 8-hour concentration (ppm) 0.107 0.0.96 0.033 State max 1-hour concentration (ppm) 0.127 0.119 0.041
State max 8-hour concentration (ppm) 0.108 0.097 0.033
Number of Days Standard Exceeded Pol
lutant Standards 2010 2011 2012
CAAQS 1-hour (>0.09 ppm) 2 0 0
CAAQS 8- hour (>0.07 ppm)/NAAQS 8-hour (>0.07 ppm) 51/26 54/33 0/0 Particulate Matter (PM10) a Pol
lutant Standards 2010 2011 2012
National maximum 24-hour concentration (µg/m superscript 3) 88.6 94.3 * State annual average concentration (µg/m superscript 3) 25.8 29.2 * State maximum 24-hour concentration (µg/m superscript 3) 85.6 99.5 * State annual average concentration (µg/m superscript 3) 25.9 29.6 * Measured Number of Days Standard Exceeded Pol
lutant Standards2010 2011 2012
NAAQS 24-hour (>150 µg/m superscript 3) 0 0 0
CAAQS 24-hour (>50 µg/m superscript 3) 5 9 0
Particulate Matter (PM2.5) Pol
lutant Standards 2010 2011 2012
National maximum 24-hour concentration (µg/m superscript 3) 58.3 77.3 93.4 State maximum 24-hour concentration (µg/m superscript 3) 62.0 78.5 93.4 National annual average concentration (µg/m superscript 3) 13.0 15.4 * State annual average concentration (µg/m superscript 3) 16.5 15.9 * Notes: µg/m superscript 3 = micrograms per cubic meter; CAAQS = California ambient air quality standard; NAAQS = national ambient air quality standard; ppb = parts per billion; ppm = parts per million * Insufficient data to determine the value. a Data from next closest monitoring station: Fresno—1st Street Source: ARB 2016b
Measured Number of Days Standard Exceeded Pol
lutant Standards2010 2011 2012
NAAQS 24-hour (>35 µg/m superscript 3) 21 39 20
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3.4.2.6 Attainment Status for the San Joaquin Valley Air Basin Both EPA and ARB use ambient air quality monitoring data to designate areas according to their attainment status for criteria air pollutants. The purpose of these designations is to identify the areas with air quality problems and initiate planning efforts for improvement. The three basic designation categories are nonattainment, attainment, and unclassified. An “attainment” designation for an area signifies that pollutant concentrations did not exceed the established standard.

In contrast to attainment, a “nonattainment” designation indicates that a pollutant concentration has exceeded the established standard. Nonattainment may differ in severity. To identify the severity of the problem and the extent of planning and actions required to meet the standard, nonattainment areas are assigned a classification that is commensurate with the severity of their air quality problem (e.g., moderate, serious, severe, extreme). The criteria air pollutants emitted in air basins are assessed relative to the attainment of both the CAAQS and NAAQS.

Finally, an unclassified designation indicates that insufficient data exist to determine attainment or nonattainment. In addition, the California designations include a subcategory of nonattainment-transitional, which is given to nonattainment areas that are progressing and nearing attainment.

As shown in Table 3.4-3, the SJVAB is in a state of nonattainment for federal standards for O3 and PM2.5 but in attainment for PM10. The area is also in nonattainment for the State standards for O3, PM10, and PM2.5.

Table 3.4-3 San Joaquin Valley Air Basin Attainment Designations Conformity Federal State
O3 8-hour Nonattainment—Extreme Nonattainment
O3 1-hour N/A Nonattainment—Severe
PM10 Attainment Nonattainment
PM2.5 Nonattainment Nonattainment
Carbon Monoxide Attainment/Unclassified Attainment/Unclassified Nitrogen Dioxide Attainment/Unclassified Attainment
Sulfur Dioxide Attainment/Unclassified Attainment
Lead (Particulate) N/A Attainment
Hydrogen Sulfide N/A Unclassified
Sulfates N/A Attainment
Visibility-Reducing Particles N/A Unclassified
Vinyl Chloride N/A Attainment
Notes:

N/A = not applicable; no standard; O3 = ozone; PM2.5 = fine particulate matter; PM10 = suspended particulate matter Sources: SJVAPCD 2016a, Appendix C

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3.4.2.7 Toxic Air Contaminants
In addition to criteria pollutants, both federal and State air quality regulations focus on toxic air contaminants (TACs). TACs can be separated into carcinogens and noncarcinogens based on the nature of the effects associated with exposure to the pollutant. For regulatory purposes, carcinogens are assumed to have no safe threshold below which health impacts would not occur. Any exposure to a carcinogen poses some risk of contracting cancer. Noncarcinogens differ in that there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. These levels are determined on a pollutant-by-pollutant basis.

TACs may be emitted by stationary, area, or mobile sources. Common stationary sources of TAC emissions include gasoline stations, dry cleaners, and diesel backup generators, which are subject to local air districts’ permit requirements. The other, often more significant, sources of TAC emissions are motor vehicles on freeways, high-volume roadways, or other areas with high numbers of diesel vehicles, such as distribution centers. Off-road mobile sources are also major contributors of TAC emissions and include construction equipment, ships, and trains.

Particulate exhaust emissions from diesel-fueled engines, known as diesel particulate matter (diesel PM), were identified as a TAC by ARB in 1998. Federal and State efforts to reduce diesel PM emissions have focused on using improved fuels, adding particulate filters to engines, and requiring the production of new- technology engines that emit fewer exhaust particulates.

Diesel engines tend to produce a much higher ratio of fine particulates than other types of internal combustion engines. The fine particles that make up diesel PM tend to penetrate deep into the lungs and the rough surfaces of these particles makes it easy for them to bind with other toxins within the exhaust, thus increasing the hazards of particle inhalation. Long-term exposure to diesel PM is known to lead to chronic, serious health problems including cardiovascular disease, cardiopulmonary disease, and lung cancer.

3.4.2.8 Odor
Odors are considered an air quality issue both at the local level (e.g., odor from wastewater treatment) and at the regional level (e.g., smoke from wildfires). Odors are generally regarded as an annoyance rather than a health hazard. However, manifestations of a person’s reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache).

The ability to detect odors varies considerably among the population and is subjective. Some individuals have the ability to smell minute quantities of specific substances while others may not have the same sensitivity but may be sensitive to odors of other substances. In addition, people may have different reactions to the same odor; an odor that is offensive to one person (e.g., from a fast-food restaurant or I
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bakery) may be perfectly acceptable to another. Unfamiliar odors may be more easily detected and likely to cause complaints than familiar ones.

Several examples of common land use types that generate substantial odors are wastewater treatment plants, landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, and food packaging plants.

Offensive odors can affect human health in several ways. First, odorant compounds can irritate the eye, nose, and throat, which can reduce respiratory volume. Second, the ROGs that cause odors can stimulate sensory nerves to cause neurochemical changes that might influence health, for instance, by compromising the immune system. Finally, unpleasant odors can trigger memories or attitudes linked to unpleasant odors, causing cognitive and emotional effects such as stress.

3.4.2.9 Sensitive Receptors
Some members of the population are especially sensitive to air pollutant emissions and should be given special consideration when evaluating air quality impacts from projects. These include children, the elderly, and people with preexisting respiratory or cardiovascular illness, and athletes and others who exercise frequently. Air quality regulators typically define sensitive receptors as schools, hospitals, resident care facilities, day care centers, or other facilities that may house individuals with health conditions that would be adversely affected by changes in air quality.

Residential areas are also considered sensitive to air pollution because residents (including children and the elderly) tend to be at home for extended periods of time, resulting in sustained exposure to pollutants present. Recreational land uses are considered moderately sensitive to air pollution. Exercise places a high demand on respiratory functions, which can be impaired by air pollution even though exposure periods during exercise are generally short. In addition, noticeable air pollution can detract from the enjoyment of recreation. Industrial and commercial areas are considered the least sensitive to air pollution.

Exposure periods are relatively short and intermittent as the majority of the workers tend to stay indoors most of the time.

The nearest sensitive receptors to the project area are two single-family residences located on parcels in the study area. A residential subdivision is located on the bluffs adjacent to the southern project boundary, on a bluff approximately 60 feet above the project site. The subdivision is within the city limits of Fresno.

3.4.3 Regulatory Setting

3.4.3.1 Federal Laws, Regulations, and Policies
The primary legislation that governs federal air quality regulations is the Clean Air Act Amendments of 1990. The act delegates primary responsibility for clean air to EPA. EPA develops rules and regulations to I
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preserve and improve air quality and delegates specific responsibilities to State and local agencies. Under the act, EPA has established the NAAQS for seven potential air pollutants: CO, O3, NO2, PM10 and PM2.5, SO2, and lead. The purpose of the NAAQS is two-tiered: primarily to protect public health, and secondarily to prevent degradation to the environment (i.e., impairment of visibility, damage to vegetation and property).

3.4.3.2 State L aws, Regulations, and Policies
California Clean Air Act and California Air Resources Board ARB is the lead agency for developing the State Implementation Plan (SIP) in California. Local air districts and other agencies prepare air quality attainment plans or air quality management plans, and submit them to ARB for review, approval, and incorporation into the applicable SIP. ARB also maintains air quality monitoring stations throughout the state in conjunction with local air districts. Data collected at these stations are used by ARB to classify air basins as being in attainment or nonattainment with respect to each pollutant and to monitor progress in attaining air quality standards.

The California Clean Air Act (CCAA) requires that each area exceeding the CAAQS for O3, CO, SO2, and NO2 develop a plan aimed at achieving those standards. Section 40914 of the California Health and Safety Code requires air districts to design a plan that achieves an annual reduction in districtwide emissions of 5% or more, averaged every consecutive 3-year period. To satisfy this requirement, the local air districts must develop and implement air pollution reduction measures, which are described in their air quality management plans, and outline strategies for achieving the CAAQS for any criteria pollutants for which the region is classified as nonattainment.

ARB has established emission standards for vehicles sold in California and for various types of equipment.

California gasoline specifications are governed by both State and federal agencies. During the past decade, federal and State agencies have imposed numerous requirements on the production and sale of gasoline in California. ARB has also adopted control measures for diesel PM and more stringent emissions standards for various on-road mobile sources of emissions, including transit buses and off-road diesel equipment (e.g., tractors, generators).Certain cities in California consistently have had some of the worst levels of air pollution within the country and, as such, the State of California established its own CAAQS.

ARB, which is part of the California Environmental Protection Agency (CalEPA), develops air quality regulations at the State level. The State regulations mirror federal regulations by establishing industry- specific pollution controls for criteria, toxic, and nuisance pollutants. California also requires that plans and strategies for attaining State ambient air quality standards as set forth in the CCAA of 1988 be developed throughout the state. ARB is also responsible for developing motor emissions standards for California vehicles.

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San Joaquin River Parkway Master Plan
The Parkway Master Plan (Appendix B) includes goals, objectives, and policies to guide development and management of the Parkway. Policies relevant to air quality include:
• [Unnumbered policy]: Strive to connect multiuse trails to increase pedestrian and bicycle travel, reduce residents’ reliance on motorized vehicles, and allow for longer, contiguous sections of the Parkway trail.
• Policy RDP4: Unpaved parking areas and internal driveways for Parkway facilities will be treated to reduce dust generation.

These policies do not necessarily avoid impacts but may lessen them.

3.4.3.3 Local Laws, Regulations, and Policies
San Joaquin Valley Air Pollution Control District
The project would be under the jurisdiction of SJVAPCD, the local agency responsible for the administration of air quality regulations developed at the federal, State, and local levels. Included in SJVAPCD’s responsibilities are monitoring of air pollution, preparation of the SIP for the SJVAB, and promulgation of rules and regulations. The SIP includes strategies to be used to attain the federal ozone standard. The rules and regulations include procedures and requirements to control the emissions of pollutants and to prevent adverse impacts (SJVAPCD 2016b).

SJVAPCD rules relevant to the project include but are not limited to the following:
• Rule 4102—Nuisance. The purpose of this rule is to protect the health and safety of the public, and applies to any source operation that emits or may emit air contaminants or other materials. • Rule 4641—Cutback, Slow Cure, and Emulsified Asphalt, Paving, and Maintenance Operations. The purpose of this rule is to limit volatile organic compound emissions from asphalt paving and maintenance operations. If asphalt paving will be used, then paving operations will be subject to Rule 4641.
• Regulation VIII—Fugitive PM10 Prohibitions. Rules 8011–8071 of Regulation VIII are designed to reduce PM10 emissions (predominantly dust/dirt) generated by human activity, including construction and demolition activities, road construction, bulk materials storage, paved and unpaved roads, carryout and trackout, etc. Regulation VIII rules that are applicable to the project are as follows:
o Rule 8011—General Requirements
o Rule 8021—Construction, Demolition, Excavation, Extraction and Other Earthmoving Activities
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o Rule 8031—Bulk Materials
o Rule 8041—Carryout and Trackout
o Rule 8051—Open Areas
o Rule 8061—Paved and Unpaved Roads
o Rule 8071—Unpaved Vehicle/Equipment Traffic Areas
SJVAPCD published the Guide for Assessing and Mitigating Air Quality Impacts, which is intended as an advisory document for other agencies, consultants, and project proponents to use when preparing CEQA documents. This advisory document was updated in 2015. This document establishes thresholds of significance for criteria pollutants that SJVAPCD recommends using when evaluating air quality impacts in the San Joaquin Valley. Noncompliance with the threshold of significance means that the effect normally is determined to be significant. Compliance with a threshold of significance means the effect normally is determined to be less than significant.

Table 3.4-4 lists the SJVAPCD-adopted thresholds of significance for criteria pollutant emissions and their application.

Table 3.4-4 SJVAPCD-Adopted Thresholds of Significance for Criteria Pollutants Pollutant/Precursor
Emissions (tons per year)
Short-Term Construction Long-Term Operations
Carbon monoxide (CO) 100 100
Oxides of nitrogen (NOX) 10 10
Reactive organic gases (ROG) 10 10
Oxides of sulfur (SOX) 27 27
Suspended particulate matter (PM10) 15 15
Fine particulate matter (PM2.5) 15 15
Note: SJVAPCD = San Joaquin Valley Air Pollution Control District Source: Compiled by AECOM in 2016

City of Fresno General Plan Update 2035
The Fresno General Plan Update sets forth a guiding and implementing policy that is relevant to the proposed project and air quality. Policy UF-12-e supports the adoption and implementation of standards that support pedestrian activities and bicycle linkages from surrounding land uses and neighborhoods into Activity Centers and transit stops.

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3.4.4 Impact Analysis

3.4.4.1 Thresholds of Significance
The general procedures to assess potential air quality impacts are described in the Guide for Assessing and Mitigating Air Quality Impacts published by SJVAPCD. The thresholds for determining the significance of impacts for this analysis of air quality are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on air quality if it would:
• conflict with or obstruct implementation of the applicable air quality plan; • violate any air quality standard or contribute substantially to an existing or projected air quality violation;
• result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors); • expose sensitive receptors to substantial pollutant concentrations; or • create objectionable odors affecting a substantial number of people.

3.4.4.2 Methodology
The analysis of the project’s potential impacts was followed the guidance and methodologies recommended in SJVAPCD’s Guide for Assessing and Mitigating Air Quality Impacts. Under CEQA, the significance criteria established by the applicable air quality management or air pollution control district may be used to assess the impacts of a project on air quality. SJVAPCD has established thresholds of significance for regional air pollutant emissions for construction activities and project operation. In addition to the daily thresholds listed above, projects are subject to the NAAQS.

Construction-related emissions associated with typical construction activities, such as site grading and construction of the buildings and operational emissions associated with trips generated to the parking lots and recreational amenities were modeled using the California Emissions Estimator Model (CalEEMod), Version 2013.2.2. CalEEMod allows the user to enter project-specific information, such as types, number, and horsepower of construction equipment, and number and length of off-site motor vehicle trips. Construction- related exhaust emissions for the project were estimated for construction worker commutes, haul trucks, and the use of off-road equipment. Operational emissions for the project were also estimated using CalEEMod, which accounted for estimated trips generated by the parking lot and recreational amenities.

The analysis of project impacts was based on the total construction-related and operational emissions generated by the project using the inputs described below.

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The project would include trail construction and construction of the Perrin Avenue parking lot. The Perrin Avenue parking lot would cover 2.23 acres (97,055 square feet). With construction of the Perrin Avenue parking lot, an assumed 1,000 square feet of recreational amenities and a restroom would be constructed. 318 daily vehicle trips were used to calculate operational emissions. 14 Details regarding CalEEMod calculations are outlined below. • Construction was assumed to take place during 2019, with the trail and associated facilities operational by 2020.
• Annual construction-related and operational emissions were calculated. • CalEEMod results for the design capacity of the Perrin Avenue parking lot represent emissions that would be generated by project construction and visitor use.

All calculations are detailed in Appendix C. Aside from assumptions noted in the model, CalEEMod defaults were used for all inputs. The resulting air pollutant emissions were then compared to the threshold criteria published by SJVAPCD.

3.4.4.3 Impacts and Mitigation Measures
Impact 3.4-1: The project could conflict with or obstruct implementation of the applicable air quality plan.

SJVAPCD has adopted air quality attainment plans to demonstrate how the district will attain and maintain the NAAQS consistent with the federal Clean Air Act (CAA). The New Source Review rule is a major component of SJVAPCD’s attainment strategy. This rule ensures that there will be no net increase in emissions above specified thresholds from new and modified stationary sources for all nonattainment pollutants and their precursors. SJVAPCD’s thresholds of significance for criteria pollutants, which are based on New Source Review levels, are applied to evaluate regional impacts of project-specific emissions of air pollutants and their impact on SJVAPCD’s ability to reach attainment.

As shown in Tables 3.4-5 and 3.4-6, the project is consistent with current air quality attainment plan because the emissions generated by construction and operation of this project would be below the thresholds of significance for criteria pollutants. Additionally, the project would comply with Regulation VIII for dust control measures, and the project would not result in additional emissions that would conflict with the applicable air quality plans. BMP AIR-1 in Section 2.5.1 2.5.2, “Best Management Practices,” specifies

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14 The daily trip generation estimate is based on the proposed parking capacity of 53 spaces and assumption of 3 times parking turnover during the day for a.m. and p.m. (Table 4.1, “Project Alternatives Trip Generation Estimates,” in Appendix H, “Traffic Report.”)
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that construction plans will comply with current SJVAPCD air plans. The project would not result in a significant increase in criteria pollutant emissions and would not conflict with or obstruct implementation of the applicable air quality plan. The impact would be less than significant. No mitigation is required.

Impact 3.4-2: The project could violate an air quality standard or could contribute substantially to an existing or projected air quality violation.

Although the exact construction dates for the project are speculative, emissions were modeled for construction to occur within 1 year. For the purposes of this emission calculation, 2019 was used for the construction year, with the project operational in 2020. Activities would include constructing recreation amenities, restrooms, and the parking lot. Grading and paving of the trail and the parking area is expected to last 1 month each. Trenching activities would last 1 month. Construction of buildings (e.g., vault toilet restrooms) and landscaping are expected to last 3 months. Application of architectural coatings for the recreational amenities would last 1 month.

Project construction would result in temporary emissions of criteria pollutants. Emissions would emanate from the exhaust of construction equipment and on-road vehicle traffic (worker commutes and delivery truck trips). In addition, grading, excavation, and travel on unpaved surfaces can generate fugitive dust.

Construction emissions were calculated using CalEEMod. CalEEMod allows users to select the types of construction equipment that are most appropriate for individual projects. These and other inputs are included in Appendix C. The calculated emissions from construction activities are presented in Table 3.4-5.

Table 3.4-5 Estimated Unmitigated Annual Construction Emissions Criteria Pollutant Emissions (tons per year)
CO NOX ROG SOX PM10
1 PM2.5
1 Project 1.0 1.5 2.2 0.0 0.1 0.1
SJVAPCD Threshold 100 10 10 27 15 15
Exceed Threshold? No No No No No No
Notes:

CO = carbon monoxide; NOX = oxides of nitrogen; PM2.5 = fine particulate matter; PM10 = suspended particulate matter; ROG = reactive organic gases; SJVAPCD = San Joaquin Valley Air Pollution Control District; SOX = oxides of sulfur 1 Particulate matter emissions shown include the sum of particulate matter with aerodynamic diameter 0 to 2.5 micrometers and particulate matter with aerodynamic diameter 2.5 to 10 micrometers.

Source: Estimated by AECOM in 2016

Operational emissions are the continued, ongoing emissions related to the day-to-day operation of the project. Operations for this project would be minimal and generated primarily by vehicle traffic to the Perrin Avenue parking lot for trail use. CalEEMod allows users to input project trips associated with the operation of the project. These and other inputs are included in Appendix C. The calculated emissions from operational activities are presented in Table 3.4-6.

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Table 3.4-6 Estimated Unmitigated Annual Operational Emissions Criteria Pollutant Emissions (tons per year)
CO NOX ROG SOX PM10
1 PM2.5
1 Project 2.7 0.8 1.9 0.0 0.4 0.1
SJVAPCD Threshold 100 10 10 27 15 15
Exceed Threshold? No No No No No No
Notes:

CO = carbon monoxide; NOX = oxides of nitrogen; PM2.5 = fine particulate matter; PM10 = suspended particulate matter; ROG = reactive organic gases; SJVAPCD = San Joaquin Valley Air Pollution Control District; SOX = oxides of sulfur 1 Particulate matter emissions shown include the sum of particulate matter with aerodynamic diameter 0 to 2.5 micrometers and particulate matter with aerodynamic diameter 2.5 to 10 micrometers.

Source: Estimated by AECOM in 2016

Short-term construction emissions from the project would not exceed the SJVAPCD thresholds, and new long-term emissions of criteria pollutants associated with the project would be minimal.

The project would extend a multiuse paved regional trail that could be used for bicycling and pedestrian use in lieu of vehicular travel to and from residences, workplaces, and retail centers. This potential benefit is not included in the vehicle emission projections.

Construction and operation of the project would not result in pollutant levels that would exceed the criteria pollutant thresholds established by SJVAPCD. The project would comply with all relevant SJVAPCD rules for the criteria pollutant emissions associated with project operations. The impact would be less than significant. No mitigation is required.

Impact 3.4-3: The project could result in a cumulatively considerable net increase of a criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors).

A significant impact related to air quality would occur if implementing the project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or State ambient air quality standard.

The cumulative analysis of construction-related and operational emissions focuses on whether a specific project would result in a cumulatively considerable increase in emissions. By its very nature, air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development within the SJVAB, and this regional impact is cumulative rather than attributable to any one source. A project’s emissions may be individually limited, but cumulatively considerable when taken in combination with past, present, and future projects. The thresholds of significance are relevant to whether a project’s individual emissions would result in a cumulatively considerable incremental contribution to the existing cumulative air quality conditions. If a project’s emissions would be less than those threshold levels, I
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the project would not be expected to result in a considerable incremental contribution to the significant cumulative impact.

As discussed above, the total emissions would not result in the generation of criteria air pollutant emissions that would exceed any threshold for construction or operational activities. These thresholds are designed to identify those projects that would result in significant levels of air pollution and to assist the region in attaining the applicable CAAQS and NAAQS. Projects that would not exceed the thresholds of significance would not contribute a considerable amount of criteria air pollutant emissions to the region’s emissions profile, and would not impede attainment and maintenance of ambient air quality standards.

As shown in Tables 3.4-5 and 3.4-6, the project would not exceed significance thresholds. Because the thresholds of significance for criteria pollutants would not be exceeded, the project’s construction-related and operational emissions would not result in a cumulatively considerable net increase for any criteria pollutant for which SJVAPCD is in nonattainment under the applicable NAAQS or CAAQS. Therefore, the impact would be less than significant. No mitigation is required.

Impact 3.4-4: The project could expose sensitive receptors to substantial pollutant concentrations.

Sensitive receptors are facilities that house or attract children, the elderly, and people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, schools, convalescent facilities, and residential areas. Sensitive receptors that may be adversely affected by the project include the surrounding residential areas adjacent to the project site.

Project construction may create opportunities for fugitive dust generation to escape the project site and affect the surrounding residential areas. However; the project would implement BMPs and comply with dust control measures identified in Regulation VIII (Fugitive PM10 Prohibitions). Some of these measures include applying dust suppressants, limiting opacity, using water to reduce dust generation, and implementing speed limits around the construction site.

The California Office of Environmental Health and Hazard Assessment (OEHHA) published the Air Toxics Hot Spots Program—Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments in 2015 (OEHHA 2015). This guidance recommends that air districts determine whether a health risk assessment needs to be conducted. Because the emissions generated during the construction and operational phases of the project would be well below the thresholds adopted by SJVAPCD, a health risk assessment was not conducted.

With project compliance with SJVAPCD rules limiting dust generation, the project would not expose sensitive receptors to substantial pollutant concentrations. Thus, the impact would be less than significant. No mitigation is required.

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Impact 3.4-5: The project could create objectionable odors affecting a substantial number of people.

The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. Although offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. SJVAPCD does not have any rules or standards related to odor emissions, other than its nuisance rule.

Potential sources of odors during project construction would include exhaust from diesel construction equipment. Odors from off-road equipment and on-road vehicles would be typical of most construction sites and temporary in nature. The restroom facility may emit odors in the immediate area, but these would be avoided with routine maintenance. Thus, potential odor emissions would be short term and would not be considered harmful or a nuisance to a substantial number of people. The impact would be less than significant. No mitigation is required.

3.5 Biological Resources

3.5.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on biological resources. This section also describes the criteria for determining the significance of impacts, the approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the EIR. Several comments were made that the EIR should evaluate the impacts of the project on biological resources.

3.5.2 Environmental Setting
The study area is located on an alluvial floodplain terrace along the east side of the San Joaquin River, approximately 10.5 miles downstream of Friant Dam. The following baseline discussion is taken from the 2011 Lewis Eaton Trail Biotic Study, 2014 Biological Resources Report Update, and the 2015 River West Eaton Trail Extension Project Biological Resources Report Update technical reports (see Appendix D).

3.5.2.1 Habitat
The habitat types described below occur in the project area. The San Joaquin River, a unique habitat of the Central Valley, represents the northern boundary and is not considered to be within the project site.

However, impacts of the project on the River, if any, are discussed.

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Annual Grassland
Approximately 65% of the study area consists of disturbed annual grassland habitat. Most of this habitat has been disturbed by previous sand/gravel mining activities and livestock grazing. The disturbed annual grassland habitat is dominated by nonnative upland grass species such as ripgut brome (Bromus diandrus), wild oat (Avena fatua), soft brome (B. hordeaceus), black mustard (Brassica nigra), and filaree (Erodium cicutarium).

Aquatic
Aquatic habitat is the second-most abundant habitat of the study area, composing approximately 24% of the project site. The majority of the aquatic habitat occurs within previously mined gravel pits, which are now ponds. Mosquito fern (Azolla sp.) is a common plant in slow-flow areas.

Riparian
Riparian habitat occupies a relatively small portion of the project site (6%). Historically, the project site likely consisted of riparian vegetation. However, disturbances including alteration of the hydrologic regime by Friant Dam and legacy mining have altered the landscape and reduced the extent of riparian vegetation. Riparian habitat is currently restricted to narrow margins around the gravel pond perimeters and river. Riparian vegetation consists of intergradations of the following three plant associations: willow riparian, exotic rattlebox (Sesbania punicea)–dominated habitat, and mixed riparian.

Developed/Landscaped
Approximately 3% of the project site is developed and consists of dirt roads and unimproved, informal trails, and two houses with associated landscaping. The houses are on private land and are not within areas where project activities would occur. The dirt roads and trails are sparsely vegetated with scattered ruderal species such as ripgut brome and filaree.

3.5.2.2 San Joaquin River
A description of the San Joaquin River is provided in Section 3.10, “Hydrology and Water Quality.” Although the San Joaquin is the second largest river in California, only a small reach forms the northern boundary of the study area. The River’s water quality is influenced by releases from Friant Dam, with very slight contributions from agricultural and urban return flows. Water is generally of high quality, and the temperature of the water is dependent on the cold-water releases from Millerton Lake.

Fish species composition is described below in Section 3.5.2.8, “Special-Status and Other Fish Species.” One fish species (Central Valley spring-run Chinook salmon) is being reintroduced into the River. This species is federally listed as threatened and is discussed in Section 3.5.2.8.

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3.5.2.3 Stormwater Detention Basins
Two stormwater detention basins, serving the adjacent residential developments on the bluffs, are present within the project site. The stormwater detention basins compose approximately 5 acres (1%) of the project site. These unlined basins are owned and maintained by FMFCD and support primarily nonnative, seasonal wetland vegetation. At the time of the site visit, the southern detention basin was inundated and colonized by Bermuda grass (Cynodon dactylon), mosquito fern (Azolla caroliniana), and curly dock (Rumex crispus). The northern detention basin was dry and dominated by Bermuda grass.

3.5.2.4 H abitat Restoration
The following Conservancy-sponsored habitat restoration projects have been completed or are ongoing at the project site:
• California Waterfowl Association—Planting and irrigation of native floodplain woodland trees and shrubs on 5 acres south of the H-shaped pond.
• Ducks Unlimited—Planting and irrigation of native floodplain woodland and riparian trees and shrubs on 5 acres on the western side of the H Pond.
• San Joaquin River Parkway Trust—Planting and irrigation of native floodplain woodland and riparian trees and shrubs on 34 acres northwest of the H Pond. • California Department of Water Resources—Floodplain restoration and revegetation on 2.5 acres in the western portion of the project area.

These projects are designed to complement and not interfere with the proposed project.

3.5.2.5 So ils
As described in Section 3.3, “Agriculture and Forestry Resources,” soils on the project site are composed primarily of the Grangeville series.

3.5.2.6 S pecial-Status Plant Species
Two biological investigations of the project site were performed, the first in 2011 and the second in 2014.

Technical reports of those investigations are found in Appendix D. In addition, queries of special-status plant and animal species were performed in the California Natural Diversity Database (CNDDB) and the USFWS databases for the USGS Fresno North topographic quadrangle and the eight quadrangles surrounding the project site. A query of the California Native Plant Society (CNPS) Species Inventory and RareFind was performed for special-status plants and sensitive habitats of the same area. Table 3.5-1 summarizes the results of the 2011 and 2014 biological technical reports. Species occurrence is based on direct evidence such as sign observation, or database records.

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Table 3.5-1 Potential Occurrence of Special-Status Plant Species Scientific
Name
Common
Name
Federal Status
State Status
CA Rare
Plant Rank Habitat Utilized Potential For Occurrence On-site Castilleja
campestris var.
succulenta
Succulent owl’s-
clover
FT
SE
1B.2 Vernal pools. Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation. There are records of the species within 5 miles of the site, but this plant was last observed in 1938, and the area was completely disked in 1981.

Caulanthus
californicus
California jewel-
flower
FE
SE
1B.1 Sandy soils. Chenopod scrub,
pinyon and juniper woodland,
valley and foothill grassland.

Possible. Habitat includes nonnative grassland, upper
Sonoran subshrub scrub, and cismontane juniper
woodland chenopod scrub.

Downingia pusilla Dwarf downingia None 2B.2 Vernal pools. Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation.

Eryngium
spinosepalum
Spiny-sepaled
button-celery
None 1B.2 Vernal pools. Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation.

Imperata brevifolia California satintail None 2B.1 Chaparral, coastal sage scrub, creosote bush scrub, wetland-
riparian.

Possible. Habitat includes chaparral, coastal scrub,
meadows and seeps, and riparian scrub. Habitat suitable but poor; last record from 1893.

Leptosiphon
serrulatus
Madera leptosiphon None 1B.2 Foothill woodland, yellow pine forest.

Absent. Habitat not present, presumed extant.

Orcuttia inaequalis San Joaquin Valley
Orcutt grass
FT
SE
1B.1 Vernal pools. Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation.

Orcuttia pilosa Hairy Orcutt grass FE
SE
1B.1 Vernal pools, valley and foothill
grassland.

Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation.

Pseudobahia
bahiifolia
Hartweg’s golden
sunburst
FE
SE
1B.1 Valley and foothill grassland,
cismontane woodland and clay
soils.

Absent. Habitat not present, presumed extant.

Sagittaria sanfordii Sanford’s
arrowhead
None 1B.2 Freshwater wetlands, wetland-
riparian.

Possible. Requires shallow water and small riparian areas to occur at this site. There are records of the species within 5 miles of the site, but it was last observed in 1953.

Survey in 1980 found no plants.

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Scientific
Name
Common
Name
Federal Status
State Status
CA Rare
Plant Rank Habitat Utilized Potential For Occurrence On-site Tropidocarpum
capparideum
Caper-fruited
tropidocarpum
None 1B.1 Valley grassland. Absent. Habitat not present, presumed extant.

Tuctoria greenei Greene’s tuctoria FE
SR
1B.1 Dry bottoms of vernal pools in
open grasslands.

Absent. Vernal pools not observed on-site. Substrate not conducive to vernal pool formation.

SPECIAL-STATUS SPECIES CODE DESIGNATIONS
FE = Federally listed as endangered
FT = Federally listed as threatened
SE = State listed as endangered
SR = State listed as rare
California Native Plant Society (CNPS) California Rare Plant Ranks:
1B = Plants considered by CNPS to be rare, threatened, or endangered in California and elsewhere
2B = Plants considered by CNPS to be rare, threatened, or endangered in California, but more common elsewhere
CNPS Threat Code Extensions:

0.1 = seriously threatened in California

0.2 = moderately threatened in California

0.3 = not very threatened in California

DEFINITIONS REGARDING POTENTIAL OCCURRENCE

Present: Species or sign of their presence observed on the site Likely: Species or sign not observed on the site, but reasonably certain to occur on the site Possible: Species or sign not observed on the site, but conditions suitable for occurrence Unlikely: Species or sign not observed on the site, conditions marginal for occurrence

Absent: Species or sign not observed on the site, conditions unsuitable for occurrence Source: Compiled by AECOM in 2016

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California jewel-flower (Caulanthus californicus). Federal Listing Status: Endangered; State Listing Status: Endangered; CNPS List 1B.1. California jewel-flower is an annual herb belonging to the mustard family (Brassicaceae) that blooms from February to May. This plant occurs in chenopod scrub, valley and foothill grassland, and pinyon and juniper woodland on sandy soils, at elevations between 200 and 3,281 feet. This species is found in Fresno, Kern, Santa Barbara, and San Luis Obispo counties.

More than 35 historical occurrences are extirpated, including those in Kings and Tulare counties.

Experimental reintroductions have occurred in Kern, Santa Barbara, and Tulare counties, but all have failed (CNPS 2015). A historic CNDDB record documents the species in the Fresno area; this species may be present.

California satintail (Imperata brevifolia). Federal Listing Status: None; State Listing Status: None; CNPS List 2.1. California satintail is a rhizomatous herb belonging to the grass family (Poaceae) that blooms from September to May. This plant occurs in coastal scrub, chaparral, riparian scrub, mojavean scrub, and meadows and seeps on mesic, alkaline soils, at elevations between 0 and 3,986 feet. This species is found in Butte, Fresno, Imperial, Inyo, Kern, Lake, Los Angeles, Orange, Riverside, San Bernardino, Tehama, Tulare, and Ventura counties, and ranges into Arizona, Baja California, New Mexico (where it is possibly extirpated), Nevada, Texas, and Utah. The records from Butte, Tehama, and Lake counties may represent escaped ornamentals. This species is threatened by development and agriculture, and was mistakenly classified as a noxious weed in California from 1960 to 2004 (CNPS 2015). A historic CNDDB record (1893) documents the species in the vicinity of “Fresno,” and suitable habitat occurs on the project site. This species may be present on the project site.

Sanford’s arrowhead (Sagittaria sanfordii). Federal Listing Status: None; State Listing Status:

None; CNPS List 1B.2. Sanford’s arrowhead is an emergent rhizomatous herb belonging to the water plantain family (Alismataceae) that blooms from May to November. This plant occurs in standing or slow- moving freshwater ponds, marshes, and ditches at elevations between 0 and 2,133 feet. This species has been reported from Butte, Del Norte, El Dorado, Fresno, Merced, Mariposa, Orange, Placer, Sacramento, San Bernardino, Shasta, San Joaquin, Solano, Tehama, Ventura, and Yuba counties. Sanford’s arrowhead is presumed extirpated from Southern California (Orange and Ventura counties) and is mostly extirpated from its historical range in the Central Valley. The species is threatened by grazing, development, recreational activities, nonnative plants, road widening, and channel alteration (CNPS 2015). The nearest CNDDB record (1958) documents the species less than 1.5 miles south of the project site and suitable habitat occurs on the project site. There are records of the species within 5 miles of the site; however, the nearest was last observed in 1953, and a survey in 1980 found no plants. This species may occur on the project site.

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3.5.2.7 Special-Status Wildlife Species
Special-Status Wildlife Species Present within 5 Miles of the Project Site Special-status wildlife species present within 5 miles of the project site are listed in Table 3.5-2. Table

3.5-2 summarizes the results of the 2011 and 2014 biological technical reports. Species occurrence is based on direct evidence such as sign observation or database records. Species with the potential to occur on-site are discussed below.

Tricolored Blackbird (Agelaius tricolor). Federal Listing Status: None; State Listing Status:

Species of Special Concern (Nesting Colony).
15 Tricolored blackbirds are found primarily in the Central Valley and southern coastal areas of California. This species is considered a California species of special concern (at its nesting colonies) because of concerns about the loss of wetland habitats in the state. The tricolored blackbird is highly colonial in its nesting habits, and forms dense breeding colonies that have a minimum of 50 pairs. This species typically nests in tall, dense, stands of cattails or tules, but also nests in willow thickets, blackberry, wild rose, and tall herbs. Nesting colonies are usually located near freshwater. Although suitable foraging habitat is present in the study area, there is no habitat for a nesting colony.

Silvery Legless Lizard (Anniella pulchra pulchra). Federal Listing Status: None; State Listing Status: Species of Special Concern. This lizard is found in sandy or loose soils under sparse vegetation, often hiding in leaf litter or under rocks. It forages for insects and spiders, and little is known about its water needs. The breeding season begins in late spring to early summer, and live young are born in the fall. No records exist for silvery legless lizard in the project area, but they may persist in the upland portions of River and vicinity streambeds, in the habitat present in the survey area. Therefore, the silvery legless lizard possibly could occur in the study area.

Golden Eagle (Aquila chrysaetos). Federal Listing Status: None; State Listing Status: State Fully Protected Species and on the Watch List. A permanent resident and migrant found throughout California, the golden eagle is found in rolling foothills, mountain areas, sage-juniper flats, and desert. It requires open terrain for hunting, and often soars above ground but occasionally hunts from perches. The golden eagle preys on small mammals and can capture prey up to the size of a calf. It nests on cliffs and large trees in open areas, reusing nests from past years. It prefers rugged open habitats with canyons and escarpments for nesting. Although nesting habitat is poor, suitable foraging habitat is present on-site.

15 On December 10, 2015, the California Fish and Game Commission approved advancing the tricolored blackbird to candidacy for listing under the California Endangered Species Act.

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Table 3.5-2 Potential Occurrence of Special-Status Wildlife Species Scientific Name Common Name
Federal Status
State Status CDFW Habitat Utilized Potential For Occurrence On-site Agelaius tricolor Tricolored blackbird None SSC Freshwater emergent wetland, annual grassland, agriculture, and valley foothill
riparian.

Likely. Suitable foraging habitat is
present on-site.

Ambystoma
californiense
California tiger
salamander
FT
ST
SSC Vernal or temporary pools in annual
grasslands or open woodlands with
upland aestivation habitat (e.g.,
California ground squirrel burrows).

Absent. Pooled areas temporally present
on-site provide less than optimal
breeding habitat.

Ammospermophilus
nelson
San Joaquin antelope
ground squirrel
None
ST
Saltbush and saltscrub habitats and
grasslands.

Absent. Appropriate habitat not present
on project site.

Anniella pulchra
pulchra
Silvery legless lizard
(California legless lizard)
None SSC Sandy areas that contain leaf litter
and/or fairly high moisture.

Possible. Appropriate habitat occurs
near the river.

Antrozous pallidus Pallid bat None SSC Forages over many habitats; roosts in buildings, rocky outcrops, and rocky
crevices in mines and caves.

Unlikely. Potentially may forage over
site; no suitable roosting sites.

Aquila chrysaetos Golden eagle None FP; WL Woodlands, grasslands. Likely. Suitable foraging habitat is present on-site.

Athene cunicularia Burrowing owl None SSC Flat grasslands and ruderal habitats.

Requires California ground squirrel
burrows for nesting and cover.

Possible. Suitable nesting and foraging
habitat is present on-site. Many burrows
of appropriate size and shape occur on
the site, but evidence of owl use or
occupation not observed.

Branchinecta
conservatio
Conservancy fairy shrimp FE Annual grassland (requires vernal pools).

Absent. Vernal pools not observed on-
site. Substrate not conducive to vernal
pool formation.

Branchinecta lynchi Vernal pool fairy shrimp FT Annual grassland (requires vernal pools).

Absent. Vernal pools not observed on-
site. Substrate not conducive to vernal
pool formation.

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Scientific Name Common Name
Federal Status
State Status CDFW Habitat Utilized Potential For Occurrence On-site Buteo swainsoni Swainson’s hawk ST SSC Open grasslands with large trees for nesting.

Likely. Large complex of burrowing small
mammals is present, suitable foraging
habitat. Also, large cottonwood and oak
trees provide potential nesting habitat.

Coccyzus
americanus
occidentalis
Western yellow-billed
cuckoo
FT
SE
Densely foliaged, deciduous trees and
shrubs, especially willows, required for
roosting sites.

Absent. Species has not been recorded
with 5-mile radius since 1883; presumed
extirpated.

Desmocerus
californicus
dimorphus
Valley elderberry longhorn
beetle
FT Valley foothill riparian and valley oak
woodland. Range does not extend into
Fresno County.

Absent. Project site is not within species’
range.

Dipodomys
nitratoides exilis
Fresno kangaroo rat FE
SE
Clayish soils in saltbush and saltscrub
habitats.

Absent. Appropriate habitat not present
on project site.

Elanus leucurus White-tailed kite None FP Nests in tall shrubs and trees, forages in grasslands, marshes, and ruderal
habitats.

Present. Known to occur at adjacent
project site.

Empidonax traillii Willow flycatcher SE S Breeds locally in riparian habitats in mountains and southern deserts.

Absent. Riparian habitat on the site not
of sufficient quality for nesting by this
species. Not known to nest along project
reaches of San Joaquin River.

Emys marmorata Western pond turtle None SSC Permanent or nearly permanent water in a variety of habitats.

Likely. Present on adjacent project site.

Eremophila alpestris
actia
California horned lark None WL Open country with very short or no vegetation.

Unlikely. Habitat present on-site not
conductive to nesting; potential for some
foraging.

Euderma maculatum Spotted bat None SSC Rock crevices, cliffs provide optimal roosting habitat.

Unlikely. Roosting habitat is not present
at site.

Eumops perotis
californicus
Western mastiff bat None SSC Chaparral, coastal and desert scrub, coniferous and deciduous forest and
woodland. Roosts in crevices, trees,
and tunnels.

Unlikely. May forage or disperse through
site but roosting habitat is not present at
site.

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Scientific Name Common Name
Federal Status
State Status CDFW Habitat Utilized Potential For Occurrence On-site Haliaeetus
leucocephalus
Bald eagle FD
SE
FP Riverine, lacustrine, valley foothill
riparian, and annual grasslands.

Likely. Known to occur on adjacent
project site during winter. Most
commonly uses river corridor as flyway,
but also may forage along margins and
within river bottom.

Lanius ludovicianus Loggerhead shrike None SSC Nests in tall shrubs and dense trees, forages in grasslands, marshes, and
ruderal habitats.

Likely. Occurs and nests on the adjacent
project site.

Lepidurus packardi Vernal pool tadpole
shrimp
FE Annual grassland (requires vernal
pools).

Absent. Vernal pools not observed on-
site. Substrate not conducive to vernal
pool formation.

Pandion haliaetus Osprey None WL Large trees. Requires open, clear waters for foraging. Uses rivers, lakes,
reservoirs, bays, estuaries, and surf
zones.

Present. Known to forage at the site;
observed during 2015 survey.

Phalacrocorax
auritus
Double-crested cormorant None WL Rests in daytime and roosts overnight beside water on offshore rocks, islands,
steep cliffs, dead branches of trees,
wharfs, jetties, or even transmission
lines.

Likely. Suitable foraging habitat is
present on the site.

Rana draytonii California red-legged frog FT SSC Quiet pools of streams, marshes, and occasionally ponds.

Unlikely. Habitat is present is poor for
this species and area in unconnected to
known populations.

Riparia riparia Bank swallow ST Steep sandy and stabilized banks devoid of vegetation along large rivers.

Absent. Riverbanks of appropriate soils,
size, and shape are not present at this
site.

Taxidea taxus American badger None SSC Most abundant in drier open stages of most shrub, forest, and herbaceous
habitats, with friable soils.

Unlikely. Habitat is present; however,
area is disturbed, no suitable burrow
observed during survey.

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Scientific Name Common Name
Federal Status
State Status CDFW Habitat Utilized Potential For Occurrence On-site Thamnophis gigas Giant garter snake FT
ST
Marsh and swamp. Prefers freshwater
marsh and low-gradient streams.

Absent. Habitat is present but is poor for
this species and area is unconnected to
known populations.

Vireo bellii pusillus Least Bell’s vireo FE
SE
Dense, low, shrubby vegetation, scrub
oak, coastal chaparral, and mesquite
brushlands, often near water in arid
regions.

Absent. Habitat on the site not of
sufficient quality for nesting by this
species.

Vulpes macrotis
mutica
San Joaquin kit fox FE
ST
Arid-land-adapted and typically occur in
desert-like habitats.

Absent. Lack of appropriate salt
bush/scrub habitats and isolation of the
project site from known populations.

Xanthocephalus
xanthocephalus
Yellow-headed blackbird None SSC Nests in fresh emergent wetland with dense vegetation and deep water.

Forages in emergent wetland.

Likely. Suitable foraging habitat is
present on the site.

SPECIAL-STATUS CODE DESIGNATIONS
FE = Federally listed as endangered
FT = Federally listed as threatened
FD = Federally delisted
SE = State listed as endangered
ST = State listed as threatened
SSC = California Species of Special Concern
FP = State Fully Protected Species
WL = Watch List

DEFINITIONS REGARDING POTENTIAL OCCURRENCE

Present: Species or sign of their presence observed on the site Likely: Species or sign not observed on the site, but reasonably certain to occur on the site Possible: Species or sign not observed on the site, but conditions suitable for occurrence Unlikely: Species or sign not observed on the site, conditions marginal for occurrence

Absent: Species or sign not observed on the site, conditions unsuitable for occurrence Source: Compiled by AECOM in 2016
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Burrowing Owl (Athene cunicularia). Federal Listing Status: None; State Listing Status: Species of Special Concern. The burrowing owl is a small, terrestrial owl of open grassland and desert country that prefers annual and perennial grasslands, with perches and burrows. This species nests in old mammal burrows and commonly uses California ground squirrel burrows. The nesting season as recognized by CDFW (DFG 2012) runs from February 1 through August. The project site provides suitable annual grassland habitat for the burrowing owl, and California ground squirrels are widespread and common on the project site. No evidence of habitation by burrowing owls was noted during the reconnaissance survey conducted on September 17, 2015. Therefore, the burrowing owl could possibly occur on the project site.

Swainson’s Hawk (Buteo swainsoni). Federal Listing Status: None; State Listing Status:

Threatened. Swainson’s hawks are both migrants and residents to California’s Central Valley. This species forages in grasslands for small mammals, large arthropods, amphibians, reptiles, birds, and occasionally fish if water is nearby. This hawk nests in small tree stands or on human-made structures, often in riparian areas. Swainson’s hawks have been observed foraging near the project site and evidence of prey species is abundant. Although there are no records of nesting by this species in the vicinity, the site does feature trees that could be used for nesting. Presence is likely.

Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus). Federal Listing Status:

Threatened; State Listing Status: None. The valley elderberry longhorn beetle (VELB) is an insect endemic to the Central Valley of California that inhabits riparian and associated upland habitats where elderberry, its host plant, grows. Specifically, its range includes the upper Sacramento Valley to the central San Joaquin Valley. The range of VELB has been contracted by USFWS. The southernmost range of VELB is now considered to end north of Madera County and the species no longer considered present in the project area.

White-Tailed Kite (Elanus leucurus). Federal Listing Status: None; State Listing Status: Fully Protected. In California white-tailed kites can be found year round in coastal and valley lowlands, mostly commonly near agricultural areas. This species prefers to forage in undisturbed, open grasslands, meadows, farmlands, and emergent wetlands, often hovering roughly 100 feet in the air before descending onto its prey. Individuals nest in dense tree stands near foraging areas. The presence of white-tailed kites is closely tied to the presence of prey species, particularly voles, and prey base may be the most important factor in determining habitat quality for white-tailed kites. California vole, a prey species for white-tailed kite, is abundant on the project site have been observed foraging throughout the year. It is likely that the white-tailed kite nests in the study area.

Western Pond Turtle (Actinemys marmorata). Federal Listing Status: None; State Listing Status:

Species of Special Concern. The western pond turtle occurs in permanent or nearly permeant ponds, streams, and other wetland habitats throughout California west of the Sierra-Cascade crest. In addition to I
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water, this species requires basking sites, partially submerged logs, and rocks, from which individuals can slip into water when approached by potential predators. The species is omnivorous; their diet includes aquatic plant material and invertebrates as well as fishes, frogs, and carrion. In colder areas they hibernate in the mud at the bottom of their aquatic habitat. Eggs are laid in nests 4 inches deep anywhere from riverbanks to 325 feet away from the water. Western pond turtles are common and widespread through the San Joaquin River system and are likely present in the study area.

Bald Eagle (Haliaeetus leucocephalus). Federal Listing Status: None; State Listing Status:

Endangered, Fully Protected. The bald eagle is a permanent resident and uncommon winter migrant of California. It requires a large body of water with a healthy population of fish as well as perches from which to hunt. Bald eagles also may hunt mammals in flooded fields. Nest sites are chosen in large trees where a stick platform nest is built, often near a large body of water. Bald eagles are commonly observed in the San Joaquin River bottomlands and nesting is known to occur at Millerton Lake. The species is likely present in the study area.

Loggerhead Shrike (Lanius ludovicianus). Federal Listing Status: None; State Listing Status:

Species of Special Concern (Nesting). The loggerhead shrike is a common resident throughout California, found mainly in the lowlands and foothills. Its preferred environment is open areas with scattered shrubs and trees or human-made structures such as fences for perching. It is less common in urban areas. The loggerhead shrike preys mostly on large insects but also on small birds, mammals, fish, reptiles, and amphibians. It is noted for skewering its prey on sharp objects such as thorns or barbed wire and caching it to eat later. Individuals nest in dense trees or shrubs. This species is fairly widespread and common in the area; therefore, its presence in the study area is likely.

Osprey (Pandion haliaetus). Federal Listing Status: None; State Listing Status: Watch List.

Associated with fish-bearing waters, the osprey preys primarily on fish but also takes mammals, birds, amphibians, and invertebrates. Its preferred habitat is ponderosa pine and mixed conifer habitats. This species migrates in October to Central and South America, returning to breeding ground in California mid- March to early April. Ospreys use large trees, snags, human-made structures, and dead topped trees as nesting platforms. Nests may be more than 5–6 miles from large bodies of water. The 2014 survey observed a nesting osprey within a mile of the project site; therefore, the species is known to be present.

Double-Crested Cormorant (Phalacrocorax auritus). Federal Listing Status: None; State Listing Status: Watch List. This species is a yearlong California resident that can be found along the coast and lakes, and is rare to fairly common in lacustrine and riverine habitats of the Central Valley and coastal slope lowlands. Double-crested cormorants feed mainly on fish, crustaceans, and amphibians. They prefer water less than 30 feet deep and may feed cooperatively in flocks. Individuals nest beside water in undisturbed areas with cliff, rugged slopes, and in trees. This species is likely to forage on the site, although optimal nesting habitat is not present.

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American Badger (Taxidea taxus). Federal Listing Status: None; State Listing Status: Species of Special Concern. American badger is an uncommon resident of California, found throughout all but the northern North Coast area of the state. This is a carnivorous species whose diet consists mainly of mammals, but badgers also eat reptiles, insects, earthworms, eggs, birds, and carrion depending on what is seasonally available. They dig burrows in friable soil, often reusing old burrows. When breeding, burrows are usually in areas with a sparse overstory cover. Although it is unlikely this species is present, the potential exists for its occurrence.

Yellow-Headed Blackbird (Xanthocephalus xanthocephalus). Federal Listing Status: None; State Listing Status: Species of Special Concern. This species is generally found at selected locations in the Coast Ranges west of the Central Valley and east of the Sierra Nevada and the Cascade Range; however, its range may extend to the project area. Yellow-headed blackbirds nest in large wetlands with dense vegetation and deep water, often along borders of lakes or ponds. They forage for seeds, grains, and insects in emergent wetland and moist open areas. Because of their preference for large wetlands, optimal nesting habitat is not present, but suitable foraging habitat can be found in the study area; therefore, this species is likely present in the study area.

3.5.2.8 Migratory Bird Species Observed On-Site
In addition to the special-status wildlife species identified in Table 3.5-2, a variety of migratory bird species have been observed on-site. Native species observed include western scrub jay (Aphelocoma californica), Anna’s hummingbird (Calypte anna), house finch (Haemorhous mexicanus), northern mockingbird (Mimus polyglottos), great-tailed grackle (Quiscalus mexicanus), tree swallow (Tachycineta bicolor), cliff swallow (Petrochelidon pyrrhonota), red-winged blackbird (Agelaius phoeniceus), red-tailed hawk (Buteo jamaicensis), California quail (Callipepla californica), yellow-rumped warbler (Setophaga coronata), great egret (Ardea alba), killdeer (Charadrius vociferus), European starling (Sturnus vulgaris), cedar waxwing (Bombycilla cedrorum), Bewick’s wren (Thryomanes bewickii), Canada goose (Branta canadensis), great egret (Ardea alba), mallard (Anus platyrhynchos), cinnamon teal (Anus cyanoptera), American kestrel (Falco sparverius), and northern harrier (Circus cyaneus). All native bird species are protected under the federal MBTA and are considered special-status species for the purpose of this assessment.

3.5.2.9 Mammal Species Observed On-Site
Two mammal species were observed on-site: desert cottontail (Sylvilagus audubonii) and California ground squirrel (Otospermophilus beecheyi). California mule deer (Odocoileus hemionus) have been observed near the project area (D. Young, pers. observation 2014, 2015).

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3.5.2.10 Special-Status Fish Species
Chinook Salmon (Oncorhynchus mykiss). Federal Listing Status: Threatened; State Listing Status: Threatened. On January 3, 2014, the National Marine Fisheries Service (NMFS) issued a final rule that designated an experimental population of Central Valley Spring-Run Chinook Salmon (Oncorhynchus tshawytscha) and established take exceptions relating to the reintroduction of this threatened species to the San Joaquin River. The reintroduction of Central Valley Spring-Run Chinook Salmon into the San Joaquin River Basin is part of the San Joaquin River Restoration Program (SJRRP), a restoration program that is being implemented as part of a legal settlement.

The San Joaquin River Restoration Settlement Act (Settlement Act) requires that spring-run Chinook salmon be reintroduced to the River as an experimental population through Section 10(j) of the federal ESA, and with special exceptions using ESA Section 4(d). In the lower San Joaquin River and its tributaries, including the Merced River downstream of its confluence with the Merced River to Mossdale County Park in San Joaquin County, take of spring-run Chinook salmon is allowed in certain cases that may be incidentally caused by water supply reductions, additional storage releases, or otherwise lawful actions. This applies to wild spring-run Chinook salmon that may occur in the lower San Joaquin River and its tributaries and is not specifically limited to the reintroduced Central Valley Spring-Run Chinook Salmon.

The SJRRP began the reintroduction process in 2010 with a pilot captive broodstock study using fall-run Chinook salmon. The SJRRP also released juvenile fall-run Chinook salmon into the Restoration Area for studies in 2011, and adults were released below Friant Dam in fall 2012 and 2013. Similar studies will continue into the future.

Small numbers of spring-run Chinook salmon will be released initially to help the SJRRP better understand its needs in the River. Currently, little information is available about how these fish will behave in a river that has been dry for 60 years. Later releases will take this information into account and allow for better success of the reintroduction.

The experimental population includes both hatchery-produced and wild fish. The use of a conservation hatchery facility permits the development of conservation broodstock that will minimize take of additional wild spring-run stocks, allow for careful genetic management of fish released for reintroduction, and increase the number of juveniles available for release.

Other than the experimental population of captive broodstook, spring-run Chinook salmon would not be expected to occur for some time in the project reach, because the SJRRP NMFS permit requires releasing the salmon downstream of the most downstream fish passage barrier, which at this time is downstream of SR 165.

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3.5.2.11 Other Fish Species Occurring in the Study Area During 2014, CDFW conducted an inventory of fish species in various gravel-mining ponds along the San Joaquin River. Table 3.5-3 lists the fish species that occur in the four gravel ponds in the study area.

Many are nonnative warm-water fish. Water from the River flows into the gravel ponds during high flows or through breaches in the surrounding berms. Water also infiltrates into the gravel ponds through subsurface infiltration.

Table 3.5-3 Occurrence of Fish Species in Gravel Mining Ponds within Study Area Common Name Scientific Name
Bigscale Logperch
Black Crappie
Bluegill
Brown Bullhead
Carp
Channel Catfish
Chinook Salmon
Goldfish
Golden Shiner
Green Sunfish
Kern Brook Lamprey
Largemouth Bass
Pacific Lamprey
Prickly Sculpin
Pumpkinseed
Rainbow Trout
Redear Sunfish
Sacramento Pikeminnow
Sacramento Sucker
Spotted Bass
Striped Bass
Threadfin Shad
Threespine Stickleback
Warmouth
White Catfish
Percina macrolepida
Pomoxis nigromaculatus
Lepomis macrochirus
Ameiurus nebulosus
Cyprinus carpio
Ictalurus punctatus
Oncorhynchus tshawytscha
Carassius auratus
Notemigonus crysoleucas
Lepomis cyanellus
Entosphenus hubbsi
Micropterus salmoides
Entosphenus tridentatus
Cottus asper
Lepomis gibbosus
Oncorhynchus mykiss
Lepomis microlophus
Ptychocheilus grandis
Catostomus occidentalis
Micropterus punctulatus
Morone saxatilis
Dorosoma petenense
Gasterosteus aculeatus
Lepomis gulosus
Ictalurus catus
Source: Guzman, pers. comm., 2014

3.5.3 Regulatory Setting

3.5.3.1 Federal Laws, Regulations, and Policies
Federal Endangered Species Act
The primary focus of the federal ESA of 1973 is for all federal agencies to seek to conserve threatened and endangered species through their actions. The ESA has been amended several times to correct perceived and real shortcomings. The ESA contains four key sections:
• Section 4 (Title 16, Section 1533 of the United States Code [USC] [16 USC 1533]) outlines the procedure for listing endangered plants and wildlife. I San Joaquin River Conservancy
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• Section 7 (16 USC 1536) imposes limits on the actions of federal agencies that might affect listed species.
• Section 9 (16 USC 1538) prohibits the unauthorized “taking” of a listed species by anyone, including private individuals and State and local agencies. • Section 10 (16 USC 1539) provides a process allowing for the legal take of threatened and endangered species by nonfederal parties.

The ESA is enforced by USFWS and NMFS. ESA Section 9, as amended, prohibits the unauthorized take of any fish or wildlife species listed under the ESA as endangered. Under federal regulation, take of fish or wildlife species listed as threatened is prohibited to the extent specifically declared by regulation. “Take,” as defined by ESA, means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Recent court cases have found that “harm” includes not only the direct taking of a species itself, but the destruction or modification of the species’ habitat, resulting in actual injury of the species. As such, “harm” is further defined to mean “an act which actually kills or injures wildlife; such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering” (Code of Federal Regulations [CFR] Title 50, Section 17.3 [50 CFR 17.3]).

Migratory Bird Treaty Act
The MBTA of 1918 (16 USC 703–712, July 3, 1918, as amended in 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989) makes it unlawful to take (e.g., kill, harm, harass, shoot) any migratory bird listed in 50 CFR 10.13, including their nests, eggs, or young. Migratory birds include geese, ducks, shorebirds, raptors, songbirds, wading birds, seabirds, and passerine birds (e.g., warblers, flycatchers, swallows).

Section 404 of the Clean Water Act
Pursuant to CWA Section 404 (33 USC 1344), USACE regulates the discharge of dredged or fill material into waters of the United States. This program requires project applicants to obtain authorization from USACE before discharging dredged or fill materials into any water of the United States. “Waters of the United States” is defined as “all interstate waters including interstate wetlands, intrastate lakes, rivers, streams (including intermittent streams), wetlands, [and] natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce.” Section 401 of the Clean Water Act
The SWRCB and RWQCBs regulate activities in waters of the State (which include wetlands) through CWA Section 401. Although USACE administers permitting programs that authorize impacts on waters of I
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the United States, including wetlands and other waters, any USACE permit authorized for a project must obtain certification from the RWQCB to ensure protection of beneficial uses of the waters of the State.

National Pollutant Discharge Elimination System
In 1972, the CWA was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with an NPDES permit. The 1987 amendments to the CWA added Section 402(p), which establishes a framework for regulating municipal and industrial stormwater discharges under the NPDES Program. On November 16, 1990, EPA published final regulations that establish stormwater permit application requirements for specified categories of industries. The regulations provided that discharges of stormwater to waters of the United States from construction sites encompassing 5 or more acres of soil disturbance would be effectively prohibited unless the discharge is in compliance with an NPDES Permit. Regulations (Phase II Rule) became final on December 8, 1999, expanded the existing NPDES program to address stormwater discharges from construction sites that disturb land equal to or greater than 1 acre.

3.5.3.2 State L aws, Regulations, and Policies
CDFW is a trustee agency with responsibility under CEQA for commenting on projects that could affect plant and wildlife resources. Pursuant to Section 1802 of the California Fish and Game Code, CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species.

California Endangered Species Act
In 1984, the California Legislature enacted the CESA, which is administered by CDFW under Section 2050 of the California Fish and Game Code. The basic policy of the CESA is to conserve and enhance endangered species and their habitats. State agencies do not approve private or public projects under their jurisdiction that would jeopardize threatened or endangered species if reasonable and prudent alternatives are available.

If a project would result in impacts on a State-listed species, take authorization originating under Section 2081 or 2081.1 of the California Fish and Game Code would be necessary. CDFW provides take authorization only if:
• the authorized take is incidental to an otherwise lawful activity; • the impacts of the authorized take are minimized and fully mitigated; • the measures required to minimize and fully mitigate the impacts of the authorized take:
o are roughly proportional in extent to the impact of the taking on the species; I
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o maintain the project applicant’s objectives to the greatest extent possible; and o are capable of successful implementation; and
• adequate funding is provided to implement the required minimization and mitigation measures and to monitor compliance with, and the effectiveness of, the measures.

CDFW cannot issue authorization for the take of a species for which the California Legislature has imposed strict prohibitions on all forms of take. These species are listed in several statutes (California Fish and Game Code Sections 3505, 3511, 4700, 5050, 5515, and 5517) that identify “fully protected” species and “specified birds.” If a project is planned in an area where a “fully protected” species or a “specified bird” occurs, an applicant must design the project to avoid all take, as defined in the California Fish and Game Code.

California Fish and Game Code
Sections 3503, 3503.5, 3511, and 3513 of the California Fish and Game Code prohibit the “take, possession, or destruction of birds, their nests or eggs.” Disturbance that causes nest abandonment and/or loss of reproductive effort (killing or abandonment of eggs or young) is considered a “take.” Such a take would also violate federal law protecting migratory birds (the MBTA). All raptors (hawks, eagles, owls) their nests, eggs, and young are protected under the California Fish and Game Code (Section 3503.5). Additionally, “fully protected” birds, such as the white-tailed kite (Elanus leucurus) and golden eagle (Aquila chrysaetos), are protected under the California Fish and Game Code (Section 3511). “Fully protected” birds may not be taken or possessed (that is, kept in captivity) at any time.

Title 14 of the California Code of Regulations
Under CCR Title 14, Division 1, Subdivision 1, Chapter 5, Section 40, protected amphibians may be intentionally killed or injured only with authorization by a special permit from CDFW issued pursuant to Sections 650 and 670.7 of these regulations. However, these regulations do not prohibit death or injury that may occur incidental to an otherwise lawful activity, such as construction of a development project consistent with local land use regulations.

Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act (Porter-Cologne Act), Water Code Section 13260, requires that “any person discharging waste, or proposing to discharge waste, within any region that could affect the waters of the State to file a report of discharge” with RWQCB. The term “waters of the State” is defined as any surface water or groundwater, including saline waters, within the boundaries of the State (Water Code Section 13050[e]). Pursuant to the Porter-Cologne Act, the RWQCB may also regulate “isolated wetlands,” or those wetlands considered to be outside of USACE’s jurisdiction. The RWQCB’s I
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litmus test for determining whether a project should be regulated pursuant to the Porter-Cologne Act is whether the action could result in any “threat” to water quality.

Section 1602 of the California Fish and Game Code
Pursuant to Section 1602 of the California Fish and Game Code, CDFW regulates activities that divert, obstruct, or alter stream flow, or substantially modify the bed, channel, or bank of a stream that CDFW typically considers to include its riparian vegetation. Any proposed activity in a natural stream channel that would substantially adversely affect existing fish, wildlife, or vegetative resources, would require entering into a streambed alteration agreement with CDFW before commencing with work in the stream.

Before authorizing such permits, CDFW typically reviews an analysis of the expected biological impacts, any proposed mitigation plans that would be implemented to offset biological impacts, and engineering and erosion control plans.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area, including the policies in relation to biological resources listed in Table 3.5-4. These policies do not necessarily avoid impacts but may lessen them.

3.5.3.3 Loca l Laws, Regulations, and Policies
City general plans contain goals, objectives, and policies that provide quality open space, park and recreational facilities, and programs to support population growth associated with projects. Although general plan policies do not directly avoid impacts, they may contribute to the avoidance or lessening of impacts.

The City of Fresno’s General Plan Update 2035 establishes goals for the City to achieve a healthy and prosperous Fresno. The following objectives in General Plan Update 2035 support these goals and guide the assessment of impacts on biological resources from the project:
• Objective POSS-5 contains implementing policies for the long-term preservation, enhancement, and enjoyment of plant, wildlife, and aquatic habitat.
• Objective POSS-6 contains implementing policies for maintaining and restoring, where feasible, the ecological values of the San Joaquin River corridor. • Objective POSS-7 supports the Conservancy in its efforts to develop a river parkway including creating a wildlife corridor. I
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Natural Resources Goals
NRG1: Promote the long-term preservation, enhancement, and public enjoyment of the aquatic, plant, and wildlife resources of the San Joaquin River and riverbottom.

NRG2: Preserve existing habitat and maintain, enhance, or restore native vegetation to provide essentially continuous riparian and upland habitat for wildlife along the river form Friant Dam to SR 99.

Natural Resources Objectives
NRO1: Protect the river as aquatic habitat and a water source. Enhance and protect fisheries in the river and lakes [ponds] in the Parkway.

NRO2: Protect and manage publicly owned lands with suitable habitat as natural reserves and segments of the wildlife corridor.

NRO4: Control and remove exotic plant species from the Parkway.

NRO5: Revegetate with native plant species to close gaps in the wildlife corridor or enhance the effectiveness of buffer zones.

Natural Resources Policies
NP1: Provide a minimum width for the wildlife corridor of 200 feet on both sides of the river. Acquire a wider corridor wherever possible. Provide a buffer width wider than 150 feet whenever more intensive uses on adjacent lands exist or are planned.

NP3: Mitigate any unavoidable removal of native vegetation through acquisition of habitat, restoration, or a combination of both.

NP9: Prevent and control undesirable activities and unlawful conduct in natural reserves and along the wildlife corridor as the first priority of rangers and other Parkway personnel.

NP10: Facilitate a habitat preservation and restoration strategy for public lands among wildlife agencies and resource managers within the Parkway planning area.

Natural Resources Design Policies
NRD1.1: Site new facilities in restored or previously developed areas. Visitor overlooks and viewing areas shall be located to avoid intrusion into sensitive habitat and to avoid habitat fragmentation.

NRD1.2: Whenever feasible, route trails on the outside edges of habitat areas, rather than through the center of mature riparian stands.

NRD1.3: Areas suitable for habitat restoration shall be restored by replanting or habitat management... Areas damaged by facilities placement shall be mitigated to a no-net-loss basis by restoring habitat in the immediate or adjacent vicinity.

NRD1.4: Seek to re-establish cottonwoods. Sycamore, and valley oaks in areas where there is evidence that they were previously present...

NRD1.5: Seek to re-establish a continuous corridor of riparian vegetation on both sides of the river, for wildlife movement, as well as restoration and improvement of instream shaded habitat.

NRD10: Develop and maintain a continuous strip of riparian vegetation (no gaps greater than 200 feet or the minimum necessary to allow infrastructure) with an average width of 200 feet throughout the Parkway.

NRD12: Whenever construction of project features is proposed within 100 feet of the riparian corridor, construction supervisors shall be made aware of the biological value of elderberry shrubs and shall implement mitigation measures to avoid adversely affecting this species.

NRD13: Restore a continuous distribution of elderberry shrubs (not greater than 0.25 miles between shrubs).

Note: SR = State Route
Source: Conservancy 1997a
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3.5.4 Impact Analysis

3.5.4.1 Thresholds of Significance
PRC Section 21001(c) finds and declares that it is the policy of the State to prevent the elimination of fish or wildlife species due to human activities, ensure that fish and wildlife populations do not drop below self- sustaining levels, and preserve for future generations representations of all plant and wildlife communities and examples of the major periods of California history. In addition, Section 15065(a) of the State CEQA Guidelines states that a project may have a significant effect on the environment if it has the potential to substantially reduce the habitat of a fish or wildlife species or cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of an endangered, rare, or threatened species. Therefore, the project would have a significant impact on biological resources if it would:
• have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by CDFW or USFWS;
• have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by CDFW or USFWS; • have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the CWA (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
• interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
• conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
• conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan.

3.5.4.2 Methodology
Analysis of the project’s potential impacts was based on evaluation of the changes to biological resources that could result from implementing the project. Two biological investigations and habitat analyses of the project area were performed. The CNDDB, USFWS databases, and CNPS Species Inventory and RareFind were reviewed. In determining the extent and implications of the impacts, consideration was given to special-status species. Special-status species are plants and animals that are legally protected under the federal ESA of 1973, the CESA, the California Native Plant Protection Act, and/or other I
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regulations, such as those species that meet the definition of rare, threatened, or endangered under State CEQA Guidelines Sections 15380 and 15125. The special-status species designation does not extend to bird species protected under the MBTA (16 USC 703–712); however, impacts on those species are discussed under the “special-status species” sections of this DEIR.

3.5.4.3 Impacts and Mitigation Measures
Impact 3.5-1: The project would have a substantial adverse effect on a species identified as a candidate, sensitive, or special-status species.

The proposed alignment for the trail extension and the Perrin Avenue parking lot would affect about

2.4 miles and 3 acres of disturbed annual grassland habitat. As stated above, most of this disturbed annual grassland is dominated by nonnative upland grass species such as ripgut brome (Bromus diandrus), wild oat (Avena fatua), soft brome (B. hordeaceus), black mustard (Brassica nigra), and filaree (Erodium cicutarium). The proposed alignment for the Bluff Trail access to the trail extension and the Spano Park staircase would affect about 100 feet of the disturbed annual grasses present on the bluffs.

The proposed wildlife viewing areas, picnic areas, and their associated paths would be located adjacent to the H and O ponds (Figure 2-3) and on nonnative annual grassland. Riparian vegetation, mature trees, and wetlands would not be directly affected because the alignment of the project would avoid these habitats.

Construction of the trail extension, parking lot, vault toilets, wildlife viewing areas, and recreation amenities would include site preparation, clearing, grading, installation of new hardscape, and landscaping. These activities would involve the presence and operation of heavy equipment (graders, trucks, and pavers), materials such as gravel, asphalt, and a construction work force. Impacts from construction would include noise, ground disturbance, dust, and removal of nonnative grassland.

Special-Status Plant Species. The presence of California satintail and Sanford’s arrowhead in or near the gravel ponds in the study area has not been documented but cannot be ruled out. The impact of construction activities, such as grading and vegetation removal, on California satintail and Sanford’s arrowhead would be potentially significant.

Mitigation Measure Biological Resources-1 (Special-Status Plant Species) Before any ground-disturbing activities, a qualified botanist shall conduct a botanical survey for California satintail and Sanford’s arrowhead during their respective floristic periods (September to May and November to May). If it is determined that suitable habitat for special-status plants is present, the botanist shall conduct a focused survey for special-status plants during the appropriate time of the year to adequately identify special-status plants that could occur in the study area. The surveys will be performed according to the Protocols for Surveying and Evaluating Impacts to I
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Special-Status Native Plant Populations and Natural Communities (DFG 2009). Surveys shall be performed before the final alignment has been established to avoid special-status plants, and if the species are present before the start of construction as well.

One or more of the following measures shall be implemented to avoid and/or minimize impacts on sensitive natural communities and special-status plants as appropriate, per the botanist’s recommendation:
• Flag or otherwise delineate in the field the special-status plant populations and/or sensitive natural communities to be protected. Clearly mark all such areas to be avoided on construction plans and designate these areas as “no construction” zones. • Allow adequate buffers around plants or habitat; show the location of the buffer zone on the maintenance design drawings. Mark this exclusion zone in the field with stakes and/or flagging so that it is visible to maintenance personnel, without causing excessive disturbance of the sensitive habitat or population itself (e.g., from installation of fencing). • Time construction or other activities during dormant and/or noncritical life cycle period. • Limit the operation of construction equipment to established roads wherever possible.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-1 (Special-Status Plant Species) would reduce the potential impact to less than significant because the presence and location(s) of special- status plants would be identified and avoided before surface-disturbing activities. No additional mitigation is required.

Special-Status Wildlife Species—San Joaquin Kit Fox. The nearest CNDDB record of San Joaquin kit fox (SJKF) is for an area of fallow agricultural land near SR 99, approximately 7 miles southwest of the project area. Another record is for an area 12.5 miles away near the foothills in the vicinity of Friant Dam.

Both sightings were recorded in the early 1990s. The area near SR 99 was dominated by agriculture at the time the record was made. Because of habitat conditions, it is unlikely that SJKF individuals reside in the study area; however, construction activities could potentially affect SJKF if they enter the construction area. The impact would be potentially significant.

Mitigation Measure Biological Resources-2 (San Joaquin Kit Fox) The following measures are summarized from the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011). These measures shall be implemented to reduce impacts on SJKF entering the area during construction:

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• A n employee education program shall be conducted. The program shall consist of a brief presentation by a qualified wildlife biologist. The program shall include a description of the SJKF and its habitat needs; a report of SJKF occurrence in the project area; an explanation of the status of the species and its protection under the ESA; and a list of measures being taken to reduce impacts on the species during project construction. A fact sheet conveying this information shall be prepared for distribution to construction personnel. • A
representative shall be appointed to be the contact for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped kit fox.

The representative shall be identified during the employee education program and his or her name and telephone number shall be provided to USFWS and CDFW. • P
roject-related vehicles shall observe a daytime speed limit of 15 mph throughout the project site, except on State and federal highways; after dark, the speed limit shall be reduced to 10 mph. Off-road traffic outside of designated areas shall be prohibited. • W
ork at night shall not be allowed.
• T
o prevent inadvertent entrapment of kit foxes or other animals during construction, all excavated, steep-walled holes or trenches more than 2 feet deep shall be covered with plywood or similar materials at the end of each work day. If the trenches cannot be closed, one or more escape ramps constructed of earthen fill or wooden planks shall be installed.

Before such holes or trenches are filled, they shall be inspected for trapped animals. • A
ll construction pipes, culverts, or similar structures with a diameter of 4 inches or greater that are stored at a construction site for one or more overnight periods should be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until USFWS or CDFW has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity, until the fox has escaped.
• H
oles or trenches more than 8 feet deep shall be covered or fenced at the end of the day. • Al
l food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from the project site.
•
Firearms shall not be allowed on the project site.
•
To prevent harassment, mortality of kit foxes, or destruction of dens, no pets shall be permitted on the project site.

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• Rodenticides and herbicides shall not be used on the project site except to control invasive plant species.
• Upon completion of the project, all areas subject to temporary ground disturbance, including staging areas, temporary roads, and borrow sites, shall be recontoured if necessary and revegetated to promote restoration of the area to preproject conditions. • Any death, injury, or entrapment of SJKF shall be reported to USFWS and CDFW staff immediately. Written reports shall be submitted within 3 working days of the event.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-2 (San Joaquin Kit Fox) would reduce the potential impact to less than significant because the USFWS Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) would be implemented. No additional mitigation is required.

Special-Status Wildlife Species—American Badger. The open space and disturbed grassland on the floodplain provide suitable habitat for the American badger. This species has been observed in nearby areas and dens were noted during the 2011 biological resources survey. Construction activities could directly harm badgers by burying or excavating dens. The impact would be potentially significant.

Mitigation Measure Biological Resources-3 (American Badger) The Conservancy shall conduct a preconstruction survey no less than 14 days and no more than 30 days before the beginning of ground-disturbing activities. If active American badger den sites are present, the Conservancy shall consult with CDFW and implement the following measures:
• The entrances to dens shall be blocked for 3–5 days to discourage use. • After the 3- to 5-day period, the dens shall be hand-excavated with a shovel to prevent reuse during construction.
• No disturbance of active dens shall take place when cubs may be present and dependent on parent care.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-3 (American Badger) would reduce the potential impact to less than significant because the presence and location(s) of badger deans would be identified and avoided before surface-disturbing activities begin. No additional mitigation is required.

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Special-Status Wildlife Species—Avian Species. Avian species such as the bald eagle, Swainson’s hawk, tricolored blackbird, red-tailed hawk, burrowing owl, and migratory birds would be affected by noise, the visual presence of construction equipment, workers, and people recreating. Waterfowl species such as great blue heron would also be affected by the project. Nesting and roosting habitat for these species would not be affected. Although these species are mobile, their presence during construction would be disturbed, and they would avoid using the area. The impact would be potentially significant.

Mitigation Measure Biological Resources-4 (Avian Species) If project-related construction must occur during the breeding season (February through mid- September), the Conservancy shall have surveys performed for active nests no more than 30 days before commencing project-related activities. The surveys shall be conducted by a qualified biologist.

A minimum no-disturbance buffer of 250 feet shall be delineated around active nests until the breeding season has ended, a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival, or the biologist determines that the nest is no longer active. The results of the preconstruction survey and any subsequent monitoring shall be provided to CDFW.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-4 (Avian Species) would reduce the potential impact to less than significant because location(s) of active nests would be identified and avoided with a minimum no-disturbance buffer of 250 feet before surface-disturbing activities. No additional mitigation is required.

Mitigation Measure Biological Resources-5 (Bald Eagle)
Before initiating ground-disturbing activities, the Conservancy shall have preconstruction surveys performed for bald eagle nesting habitat and roost sites and foraging areas along the River within 2 miles of the project. Surveys shall be conducted in accordance with the CDFW Bald Eagle Breeding Survey Instructions (DFG 2010) or current guidance. If an active eagle’s nest is found within 0.5 mile of the project, construction shall not occur during the breeding season, typically January through July or August.

If project-related construction must occur during the breeding season, the Conservancy shall have surveys performed for active nests no more than 30 days before commencing project-related activities. The surveys shall be conducted by a qualified biologist. A minimum no-disturbance buffer of 250 feet shall be delineated around active nests until the breeding season has ended, a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or I
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parental care for survival, or the biologist determines that the nest is no longer active. The results of the preconstruction survey and any subsequent monitoring shall be provided to CDFW.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-5 (Bald Eagle) would reduce the potential impact to less than significant because construction would be avoided within a 0.5-mile buffer area around active eagle’s nests during breeding season (typically January through August) or, if project- related construction must occur during the breeding season, because a 250-foot buffer area would be provided around active nests. No additional mitigation is required.

Mitigation Measure Biological Resources-6 (Burrowing Owl) The Conservancy shall implement the following measures before initiating ground-disturbing activities:
• Focused surveys shall be conducted following the survey methodology developed by the California Department of Fish and Game (now CDFW) Staff Report on Burrowing Owl Mitigation (DFG 2012).
• If burrowing owls are found within the project footprint as a result of the required surveys, the recommendations of the Staff Report on Burrowing Owl Mitigation (DFG 2012) are mandatory; avoiding nesting sites must include implementation of no-disturbance buffer zones, unless a qualified biologist approved by CDFW verifies through noninvasive methods that either (1) the birds have not begun egg laying and incubation, or (2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. • If burrowing owls must be removed, passive relocation is required during the nonbreeding season. A burrowing owl relocation plan to be approved by CDFW shall be developed and implemented, including passive measures such as installing one-way doors in active burrows for up to 4 days, carefully excavating all active burrows after 4 days to ensure that no owls remain underground, and filling all burrows in the construction area to prevent owls from using them. Replacement of burrows with artificial burrows at a ratio of one burrow collapsed to one artificial burrow constructed (1:1) is required.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-6 (Burrowing Owl) would reduce the potential impact to less than significant because the recommendations in the CDFW Staff Report on Burrowing Owl Mitigation (DFG 2012) would be implemented. No additional mitigation is required.

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Mitigation Measure Biological Resources-7 (Swainson’s Hawk) The Conservancy shall implement the following measure before construction starts:
• To avoid impacts on Swainson’s hawks, no construction project shall occur between March 1 and August 31 unless a qualified biologist has performed nesting surveys following the survey methodology developed by the Swainson’s Hawk Technical Advisory Committee (DFG 2000) before the start of project activities. Additional preproject surveys for active nests within a 0.5-mile radius of the project site shall be conducted by a qualified biologist no more than 10 days before the start of project activities and during the appropriate time of day to maximize detectability. A minimum no-disturbance buffer of 0.5 mile shall be delineated around active nests until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-7 (Swainson’s Hawk) would reduce the potential impact to less than significant because CDFW survey protocols and avoidance measures would be implemented. No additional mitigation is required.

Mitigation Measure Biological Resources-8 (Raptors/Migratory Birds) If construction begins between February 1 and August 31, the Conservancy shall conduct surveys for nesting raptors and migratory birds within 1,000 feet of the trail extension, parking lot, and other construction areas. If active nests are found, a buffer of 250 feet shall be established. A smaller buffer area may be sufficient if, in consultation with CDFW, it is determined sufficient to avoid impacts.

Buffers shall be maintained until the young have fledged or the nests become inactive.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-8 (Raptors/Migratory Birds) would reduce the potential impact to less than significant because nest sites of raptors and /or nesting birds would be located and those areas would be avoided before surface-disturbing activities begin. No additional mitigation is required.

Special-Status Wildlife Species—Silvery Legless Lizard. Silvery legless lizards occur primarily in areas with sandy or loose loamy soils, such as under sparse vegetation of beaches, chaparral, or pine- oak woodland; or near sycamores, cottonwoods, or oaks that grow on stream terraces. The species is often found under or close to logs, rocks, boards, and the compacted debris of woodrat nests. Rocky soils or areas disturbed by agriculture, sand/gravel mining, or other human uses are not suitable for legless I
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lizards. Two important components of silvery legless lizard habitat are found along the riparian habitat along the San Joaquin River: moist sandy soils and a layer of plant (leaf) litter. Widening the unimproved hiking paths and or placing decomposed gravel overlay could affect the silvery legless lizard. The impact would be potentially significant.

Mitigation Measure Biological Resources-9 (Silvery Legless Lizard) The Conservancy shall perform a survey for legless lizard presence and shall evaluate and map specific habitat areas within the riparian habitat along the unimproved hiking paths before construction. The survey shall use standard coverboard techniques for herpetofauna. If silvery legless lizard or specific habitat areas are found, the area shall be avoided.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-9 (Silvery Legless Lizard) would reduce the potential impact to less than significant because surveys for legless lizard and habitat would be performed in the study area and the species’ locations would be avoided. No additional mitigation is required.

Special-Status Fish Species—Chinook Salmon. The alignment of the trail extension, parking lot, and amenities would avoid the River and riparian habitat. No effects on to Central Valley Chinook Salmon would be associated with the construction of the trail extension, parking lot, and amenities. No impact would occur.

Impact 3.5-2: The project could have a substantial adverse effect on riparian habitat or other sensitive natural communities.

As described in Section 3.5.2, “Environmental Setting,” the dominant habitat community is disturbed annual grassland. The multiuse trail alignment and parking lot would be located in this habitat. The riparian habitat along the river would be avoided. Widening the unimproved hiking trails or placing decomposed granite overlay would not affect the riparian habitat. The impact would be less than significant. No mitigation is required.

Impact 3.5-3: The project could have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means.

The riparian and wetland habitat along the River and gravel ponds would be avoided by the alignment and the location of the multiuse trail and parking lot. The existing unimproved hiking paths along the riparian corridor may be widened up to 6 feet and overlaid with decomposed gravel surface, while I
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avoiding and preventing impacts on wetlands and jurisdictional waters. The impact would be less than significant. No mitigation is required.

Impact 3.5-4: The project would interfere substantially with the movement of native resident or migratory fish or wildlife, or with established corridors.

Rivers and riparian riverbanks are considered corridors for fish and wildlife movement or for expanding their range into new territories. Construction activities and use of the trail extension and recreation amenities would not affect fish species in the River. However, they could temporarily interfere with movement of terrestrial wildlife species or affect nursery sites such as bird nesting, roosting, or natal dens. The trail extension would provide access to the hiking paths along the riparian corridor, thereby increasing the level of human activity and wildlife/human encounters. Recreation use may generate noise, disturb vegetation, and create visual distractions for wildlife. The impact would be potentially significant.

Mitigation Measure Biological Resources-10 (Wildlife Movement) The Conservancy shall implement the following measures:
• The multiuse trail shall be located outside the riparian corridor in conformance to the buffers established in the Parkway Master Plan.
• All ground-disturbing work, including construction and routine maintenance, and routine recreational operating hours shall occur during daylight hours. • At a minimum, dogs shall be required to be leashed at all times.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Biological Resources-10 (Wildlife Movement) would reduce the potential impact to less than significant because ground-disturbing work and visitor use would occur during daylight hours, and the multiuse trail would be located away from the riparian corridor to the extent possible. No additional mitigation is required.

Impact 3.5-5: The project could conflict with a local policy or ordinance protecting biological resources, such as a tree preservation policy or ordinance.

The project would be consistent with local policies and ordinances protecting biological resources. No impact would occur.

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Impact 3.5-6: The project could conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or State habitat conservation plan.

Implementation of the project would not conflict with an adopted habitat conservation plan, natural community conservation plan, or any other approved local, regional, or State conservation plan. No impact would occur.

3.6 Cultural Resources

3.6.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on cultural resources. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made related to impacts on cultural resources.

3.6.2 Envi ronmental Setting
Cultural resources are defined as prehistoric and historic archaeological sites, architectural properties (e.g., buildings, bridges, and structures), and traditional properties with significance to Native Americans.

This definition includes historic properties as defined by the National Historic Preservation Act. The following discussion is taken from the Phase I Archaeological Survey Report (Appendix E).

3.6.2.1 Prehistory
The Yokuts occupied virtually all of the San Joaquin Valley and the surrounding foothills. Kroeber classified the Yokuts into 12 groups and two divisions—Foothill and Valley (Appendix E). Their homeland included the entire San Joaquin Valley from the mouth of the San Joaquin River to the foot of Tehachapi Pass. In addition, they occupied adjacent lower slopes or foothills of the Sierra Nevada up to an altitude of a few thousand feet, from the Fresno River south, but nowhere to the north of that stream.

During the prehistoric period, a number of Yokuts groups occupied the floodplains south of the San Joaquin River from Little Dry Creek to Herndon Avenue. These groups included the Pitkachi and Wakichi Yokuts. The Hoyima and Dumna inhabited the north side of lands along the River opposite the near the study area. The project area was occupied principally by the Pitkachi. The Pitkatchi tribe, which Pitkachi occupied villages at Kohuou, near Herndon Avenue, at Weshiu, on a slough, and at Gewachiu I
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downstream of Herndon Avenue, entered into a treaty with the Dumna in 1851 subsequently leading to marriages between tribal members. No occupation sites are mentioned in the immediate vicinity of the project area.

3.6.2.2 E arly History
F. M. Lane Ranch
The earliest private ownership of property within the project area was by Frank M. Lane. According to one author in 1919, Frank M. Lane owned 90 acres, of which the project area was part. Professionally, Mr.

Lane was a teacher and later a principal at Washington Grammar School. He was interested in raising grain and alfalfa, which he presumably practiced on his farm in the project area, as well as a 240-acre parcel approximately 1 mile east of the study area. Mr. Lane retained ownership of his 90-acre farm through 1935 (Appendix E).

Spano River Ranch
In the 1960s, the Lane property was purchased by Mr. Oscar Spano. About 90% of the ranch was located on the Fresno side of the San Joaquin River. According to a 2003 Fresno Bee article, the ranch was dedicated to cattle and cotton. In 2003, Mr. Stan Spano (Oscar’s son) sold the ranch to the Conservancy and quitclaimed state sovereign lands to the California State Lands Commission. The family retained ownership of a 20-acre parcel in the middle of the former ranch. The 20-acre parcel is currently dedicated to pasture land and a residence and ancillary buildings are located in the southwest corner of the property.

Sand and Gravel Extraction
Stewart and Nuss (a concrete, paving, and general construction firm) was founded in 1918. The firm opened an excavation and processing plant in 1936, near the intersection of the San Joaquin River and SR 99 where gravel, sand, and rock was plentiful. In 1957 the business was sold to Rice Brothers Inc. of Marysville and Lodi, another concrete and gravel enterprise. By 1961, the old deposits downstream had been mined out and the company began to work the areas west of the San Joaquin River/SR 41 intersection, on the Fresno County side, within the study area.

Perrin Canal
In 1882, E. B. Perrin, a land developer, organized and built the San Joaquin River Canal or Perrin Ditch.

The canal was designed to be about 16 miles long, extending from the massive headgates below what is now Millerton Lake along the bluffs on the south side of the River, ending somewhere in the vicinity of Herndon Avenue, probably near the modern Riverside Country Club. The canal was never put into service. The canal bench lies midway on the slope of the bluff in the study area.

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3.6.2.3 Field Study
Between June 25 and 27, 2014, a pedestrian survey of the study area was conducted to determine whether cultural resources were present (Appendix E). The natural landscape has been heavily modified.

Over the last 100-plus years, the land has been graded, plowed, excavated, and leveled as a result of farming and gravel and sand mining. Large human-made ponds and seasonally dry pits are scattered throughout the study area.

The archaeological investigation identified two previously recorded cultural resources—the historic Perrin Ditch and a prehistoric habitation site (CA-FRE-980). Both cultural resources were identified by the archival records search. The Perrin Ditch was previously evaluated and determined to be ineligible for the National Register of Historic Places (NRHP).

Prehistoric site CA-FRE-980, consisting of fire-cracked rock, obsidian flakes, shell, and carbon flecks, was previously recorded, but because of dense grass cover and prior agricultural disturbance, the 2014 pedestrian survey failed to relocate the site.

Aside from a few small fragments of historic ceramic and metal that lacked association or context, no cultural resources were found in the course of the pedestrian survey. More recent evidence of farming was observed including an abandoned grader, a wooden livestock chute, and irrigation system most likely associated with the 1960s Spano Ranch.

3.6.3 R egulatory Setting

3.6.3.1 Federal Laws, Regulations, and Policies
No federal laws, regulations, or policies related to cultural resources apply to the project.

3.6.3.2 S tate Laws, Regulations, and Policies
State Historic Resources Commission and Office of Historic Preservation In accordance with State law (PRC Section 5020.4), the primary responsibility of the State Historical Resources Commission is to review applications for listing historic and archaeological resources in the NRHP, the California Register of Historical Resources (CRHR), and the California Historical Landmarks and California Points of Historical Interest registration programs.

The Office of Historic Preservation is the governmental agency primarily responsible for the statewide administration of the historic preservation program in California. The chief administrative officer for the Office of Historic Preservation is the State Historic Preservation Officer. The State Historic Preservation Officer is also the executive secretary of the State Historical Resources Commission. The mission of the Office of Historic Preservation and the State Historical Resources Commission, in partnership with the I
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people of California and governmental agencies, is to preserve and enhance California’s irreplaceable historic heritage as a matter of public interest so that its vital legacy of cultural, educational, and recreational resources can be preserved.

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area in relation to cultural resources, including the following goals:

Goal FG4: Protect irreplaceable natural and cultural resources in a way that will also meet recreational and educational needs.

Goal RA1: Preserve and manage natural and cultural resources in the Parkway, including archaeological and Native American sites, to meet current and future recreational and educational needs.

These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

3.6.3.3 Local Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan 2025, dated February 1, 2002, contains goals, objectives, and policies that protect prehistoric resources. In general, the policies are intended to foster community pride, attract visitors, and enhance educational opportunities. The following policy is relevant to the project:
o Policy G-11-d: Prehistoric resources including archaeological and paleontological material (those containing archaeological and paleontological material) shall be protected.

City of Fresno Draft General Plan Update 2035
The General Plan Update 2035 establishes goals for the City to protect, preserve, and enhance natural, historic, and cultural resources. The following implementing policies of the General Plan Update 2035 support these goals and guide the assessment of project impacts on cultural resources:
o Policy HCR-2-d.: Native American Sites. Work with local Native American tribes to protect recorded and unrecorded cultural and sacred sites…. o Policy HCR-2-f.: Archaeological Resources. Consider State Office of Historic Preservation guidelines when establishing CEQA mitigation measures for archaeological resources.

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3.6.4 Impact Analysis

3.6.4.1 Thresholds of Significance
Section 15064.5 of CEQA requires that lead agencies determine whether projects may have a significant effect on archaeological and historical resources. This determination applies to those resources that meet significance criteria qualifying them as “unique” or “important” in the CRHR, or as eligible for listing in the CRHR. For the purpose of this section, a resource shall be considered to be historically significant if it meets the criteria for listing in the CRHR (PRC Section 5024.1, 14 CCR Section 4852). If the agency determines that a project may have a significant effect on a significant resource, the project is determined to have a significant effect on the environment, and these effects must be addressed. If a cultural resource is found not to be significant under the qualifying criteria, it need not be considered further in the planning process.

Under CEQA Section 21084.1, the fact that a resource is not listed or determined to be eligible for listing in the CRHR, is not included in a local register, or is not deemed significant pursuant to criteria set forth in PRC Section 5024.1(g) shall not preclude a lead agency from determining whether the resource may be a historical resource. A property must meet at least one of the following criteria to be eligible for inclusion in the CRHR:
• It is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage.
• It is associated with the lives of persons important in our past. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. • It has yielded, or may be likely to yield, information important in prehistory or history.

Based on the State CEQA Guidelines, the project would have a significant impact on cultural resources if it would:
• cause a substantial adverse change in the significance of a historical resource as defined in CEQA Section 15064.5;
• cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Section 15064.5;
• directly or indirectly destroy a unique paleontological resource or site or unique geologic feature; or
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CEQA does not establish criteria for determining the significance of paleontological resources. The environmental checklist form in the State CEQA Guidelines and the standard guidelines for assessment and mitigation of adverse impacts on paleontological resources set forth by the Society of Vertebrate Paleontology were used to establish three categories of sensitivities: high, low, and undetermined. Areas that consist of rock not of sedimentary origin and that have not been known to produce fossils are considered low-sensitivity areas.

3.6.4.2 Methodology
A record search covering a half-mile radius surrounding the project area was conducted at the Southern San Joaquin Valley Information Center of the California Historical Resources Information System, located at California State University, Bakersfield. A pedestrian survey of the study area was conducted to determine whether cultural resources were present. The results of the record search and field survey are found in Appendix E of this DEIR.

3.6.4.3 Impacts and Mitigation Measures
Impact 3.6-1: The project could cause a substantial adverse change in the significance of a historical resource as defined in CEQA Section 15064.5.

The archaeological investigation identified a previously recorded historical resource, the Perrin Ditch. The historic Perrin Ditch was recorded along the eastern edge of the study area by historian Stephen Mikesell in 1995 (Appendix E). The Perrin Ditch was built in the 1880s to bring water for irrigation and development from the San Joaquin River below Millerton to the community of Herndon. Portions of the ditch are still visible on the bluff on the east side of the study area. Mr. Mikesell evaluated the ditch for listing in the NRHP under the most applicable criteria, B and C, but found that the ditch no longer retains sufficient integrity to warrant NRHP listing. NRHP Criteria B and C correspond with two criteria for the CRHR: “is associated with the lives of persons important in our past” and “embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values.” Although the contours of the ditch bed can be seen at several locations, the ditch has lost its integrity of design and setting. The Perrin Ditch does not qualify as a historical resource and requires no further treatment before project approval.

Recent evidence of farming was noted, consisting of an abandoned grader, a wooden livestock chute, and an irrigation system pipeline. These resources are not historic (Appendix E).

Therefore, the impact would be less than significant. No mitigation is required.

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Impact 3.6-2: The project would cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Section 15064.5.

The archaeological investigation identified a previously recorded archaeological resource (CA-FRE-980).

The site is a prehistoric habitation site (a probable permanent village) that was described in the original 1979 site record (Appendix E) as consisting of fire-cracked rock, obsidian flakes, shell, and carbon flecks.

The site record also noted dense vegetation, disturbance of the upper 40 centimeters of soil, and the likelihood of buried cultural deposits based on soils and topography. The site lies within 185 meters south of the San Joaquin River. However, during the 2014 survey, the site could not be relocated. The site location map shows the site very close to the area of direct impact of the project alignment.

Construction activities such as vegetation removal, grading, and excavation could potentially uncover and disturb site CA-FRE-980 and other buried and unrecorded archaeological deposits. The project would cause a substantial adverse change to an archaeological resource. The impact would be potentially significant.

Mitigation Measure Cultural Resources-1
The Conservancy shall perform Extended Phase I subsurface testing along the alignment of the trail extension to determine the boundary of site CA-FRE-980 and identify the presence of additional archaeological deposits. The testing shall be performed before the start of any construction.

The Conservancy shall ensure that all cultural resources identified shall be evaluated for eligibility for inclusion in the CRHR. All additional testing shall be performed by individuals who meet the United States Secretary of the Interior’s professional standards in archaeological history. If archaeological resources are determined to be eligible for the CRHR, and if the impacts of project construction and visitor use of the alignment render these resources as ineligible for the CRHR, the alignment shall be moved a minimum of 100 feet.

Mitigation Measure Cultural Resources-2
After completing the cultural resources investigations as described in Mitigation Measure Cultural Resources-1, and prior to commencing grading, earth work, or other disturbance of native soil, the Conservancy shall retain and enter into a service contract with a qualified professional for monitoring.

The cultural resources monitor shall provide monitoring for all initial ground disturbing activities and earth disturbance on portions of the project site that have not been mined for gravel, including clearing, grubbing, tree removal, grading, trenching, stockpiling materials, rock crushing, etc. The monitor shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources. The Conservancy shall provide an opportunity for an appropriate tribal monitor to also enter a service agreement to be on- I
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site during these activities to supplement the project monitor’s services for advisory purposes and to serve the tribe’s interests.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Cultural Resources-1 and 2 would reduce the potential impact on archaeological resources to less than significant because the Extended Phase I surface testing for site CA-FRE-980 and or other archaeological deposits would identify and avoid impacts before surface- disturbing activities begin while protecting previously unknown artifacts from disturbance during grading.

Impact 3.6-3: The project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

The project site is composed of alluvial fill material (see Section 3.7, “Geology and Soils”). The dominant soil (Grangeville) is derived from moderately coarse-textured alluvium, primarily from granitic sources on alluvial fans and floodplains. The underlying alluvial terrace is deep. A search of known paleontological sites in California did not identify any known sites in the study area. Paleontological resources are highly unlikely to exist in the project area. The impact would be less than significant. No mitigation is required.

Impact 3.6-4: The project has the potential to disturb human remains, including those interred outside formal cemeteries.

Human remains are not known to exist within the project site. The soils consist of alluvial terrace deposits of Grangeville soil classification. The project site has been subject to inundation and scouring flood events, and sand and gravel mining. Buried human remains may be present. Construction of the trail extension could disturb human remains. The impact would be potentially significant.

Mitigation Measure Cultural Resources-23
If human remains or bones of unknown origin are found during any future project construction, all work shall stop in the vicinity of the find and the County Coroner shall be contacted immediately. If the remains are determined to be Native American, the Coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission shall notify the person considered to be the most likely descendant. The most likely descendant shall work with the Conservancy to develop a program for the reinternment of the human remains and any associated artifacts. No additional work shall take place within the immediate vicinity of the find until the identified appropriate actions have been completed.

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Effectiveness of Mitigation Measure
Implementation of Mitigation Measure Cultural Resources-23 would reduce the potential impact on the disturbance of human remains to less than significant. The County Coroner is the proper government official who would oversee the investigation and certification of death of human remains within the jurisdiction of the County.

3.7 Geology and Soils

3.7.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on geology and soil resources. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made related to impacts on geology and soils.

3.7.2 Environmental Se tting

3.7.2.1 San Joaquin River Bluffs
The project area is located in the San Joaquin Valley, a flat expense between the Sierra Nevada and the Coast Ranges consisting of various sediments that have been deposited over millions of years. On the east side of the valley, the soil is composed predominantly of soils derived from a granitic parent material originating from the Sierra Nevada. Over its geological history, the river has meandered, depositing sediment worn from the mountains above, fanning out into large alluvial floodplains. This process contributed to the flat topography and the rich agricultural soil found in the region today. The project area, located on the eastern edge of the valley, is unique in that flat topography has been cut by the River as it emerges from the foothills. As a result, tall, steep bluffs mark the limits of the general river floodplain in the area. The River has incised the floodplain from ancient sediment. The only rocks existing in the study area are gravel washed down by the River.

3.7.2.2 Soils
The project site is underlain by the following soil types: Grangeville fine sandy loam; Grangeville fine sandy loam, saline alkali; Grangeville soils, channeled; Hanford fine sandy loam; Hesperia fine sandy loam; Hesperia sandy loam; Pollasky fine sandy loam, 9 to 15% slopes; Riverwash; Terrace escarpments; and Tujunga soils, channeled, 0 to 9% slopes (NRCS 2011). Grangeville soils consist of very deep, somewhat poorly drained soils derived from moderately coarse-textured alluvium, primarily I
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from granitic sources on alluvial fans and floodplains. Hanford soils are very deep, well-drained soils formed in moderately coarse-textured granitic alluvium on stream bottoms, floodplains, and alluvial fans.

Hesperia soils are very deep, well-drained soils that formed in alluvium derived primarily from granite and related rocks on alluvial fans, valley plains, and stream terraces. Pollasky soils are moderately deep, well- drained, and moderately coarse-textured soils that occur on dissected terraces under annual grasses and forbs. Riverwash is excessively drained coarse sand with some cobbles formed on floodplains. Terrace escarpments consist of well-drained silty and sandy stratified material located along small streams and where terraces meet the bottom lands and floodplains along major streams and rivers. Tujunga soils are very deep, somewhat excessively drained soils formed in granitic alluvium and occur on alluvial fans and floodplains.

Soil liquefaction describes a phenomenon in which a saturated or partially saturated soil substantially loses strength response to an applied stressful event, such as an earthquake, causing it to behave like a liquid. The phenomenon is most often observed in saturated, loose, sandy soils.

3.7.2.3 Slo pe Stability
The highly erodible face of the San Joaquin River bluffs and a small area of expansive clay in the northeastern portion of the City’s sphere of influence are the location of the only unstable soil conditions known to exist in the city of Fresno. The bluffs located along the project’s southern boundary can be considered a unique geological feature in the region. Rilling (an erosion process that forms a rill or a shallow channel) and gullying (an erosion process that forms a gully, an incised landform) are currently in evidence along the bluff face.

3.7.2.4 Landslides
Collapsible soils undergo a volume of reduction when the pore spaces become saturated, causing loss of grain-to-grain contact and possibly dissolving the interstitial cement holding the grains apart. The weight of overlying structures can cause uniform or differential settlement. Likely locations for collapsible soils in the study area are along the bluff slopes. Former landslide activity, including rock falls, topples, debris flows, earth flows, mudflows, or creep have been evidenced in the project vicinity at the base of the bluff.

3.7.2.5 Faults
A fault is defined as “a planar or gently curving fracture in the earth’s crust across which there has been relative displacement.” Movement within the fault causes an earthquake. Generally, earthquakes are associated with faults exposed at the earth’s surface. An “active fault” is defined as one that has had surface displacement within the Holocene time (about the last 11,000 years) (CGS 2007). This does not mean, however, that faults having no evidence of surface displacement within the last 11,000 years are necessarily inactive. Potentially active faults are those that have shown displacement within the last 1.6 I
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million years. An “inactive fault” shows no evidence of movement in historic or recent geologic time, suggesting that these faults are dormant.

Fresno is one of the more geologically stable areas of California (City of Fresno 2014b). However, a number of active and potentially active faults are present in and adjacent to Fresno County (County of Fresno 2000a). Faults in Fresno County and major active and potentially active faults in the region are described in Table 3.7-1.

Table 3.7-1 Fresno County and Regional Faults
Fault Name Description
Clovis Fault The northwest-trending Clovis Fault is believed to be located approximately 10 miles east of the study area, extending from an area just south of the San Joaquin River to a few miles south of Fancher Creek. The Clovis Fault is considered a pre-Quaternary fault or fault without recognized Quaternary displacement. This fault is not necessarily inactive.

Hartley Springs Fault,
Silver Lake Fault
(Parker Lake Fault),
Unnamed Faults
Holocene and Quaternary faults are present in the northeastern part of Fresno County, a few miles south of Mammoth Lakes, about 70 miles east of the project area.

Unnamed Inferred
Fault(s)
Relative or apparent upward and downward displacement interpreted as inferred faults occurs in an area located a few miles south of Helm, extending southeast to approximately Lanare (between Fresno Slough and Crescent Ditch), about 25 miles from the project area. As with the Clovis Fault, there is no apparent Quaternary displacement; however, the possibility for fault movement in this area cannot be completely eliminated.

Nunez Fault The Nunez Fault is located northwest of Coalinga about 50 miles from the project area. The Nunez Fault experienced surface rupture during the 1983 Coalinga earthquake and is designated an Earthquake Hazard under the Alquist-Priolo Earthquake Fault Zoning Act of 1994 (formerly known as the Alquist-Priolo Earthquake Act of 1972).

Ortigalita Fault The Ortigalita Fault zone is approximately 50 miles long, originating near Crow Creek in western Stanislaus County and extending southeast to a few miles north of Panoche in western Fresno County (about 60 miles west of the project area). Most of the fault is considered active because of displacement during Holocene time, and is designated an Earthquake Hazard under the Alquist-Priolo Earthquake Fault Zoning Act of 1994.

San Andreas Fault The San Andreas Fault lies to the west and southwest of Fresno County, about 70 miles from the project area. In the southwestern part of the county, the fault is roughly parallel to and a few miles west of the county line. This fault is considered active and is of primary concern in evaluating seismic hazards throughout western Fresno County, although effects of earthquakes along the San Andreas Fault could occur farther east as well.

Sierra Nevada Fault
Zone (Owens Valley
Fault Zone)
Approximately 80–90 miles east of the project area lies the Owens Valley Fault Zone. This northwest-trending fault zone is a lengthy and complex system containing active and potentially active faults. Historically, this fault has been the source of seismic activity in Madera County.

Foothills Fault
System
The southern part of the Foothills Fault System, located approximately 70–80 miles north of the project area, includes the Bear Mountains Fault and the Melones Fault Zone, as well as numerous smaller, but related faults. According to CDMG data, these faults have not shown any activity during the last 1.6 million years; however, geologic investigations of the seismic safety of the Auburn Dam site suggest these faults are potentially active. Therefore, the possibility exists that earthquakes could occur on these faults.

White Wolf Fault The White Wolf Fault is located approximately 100 miles south of the project area. The fault was not considered active until 1952, when movement along it generated a series of damaging earthquakes in the Bakersfield area.

Note: CDMG = California Division of Mines and Geology (now California Geological Survey) Sources: County of Fresno 2000a; data adapted by AECOM in 2016

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3.7.3 Regulatory Setting

3.7.3.1 Federal Laws, Regulations, and Policies
In October 1977, the U.S. Congress enacted the Earthquake Hazards Reduction Act to reduce the risk to life and property from future earthquakes through the establishment and maintenance of an effective earthquake hazards reduction program. This program was significantly amended in November 1990 when the National Earthquake Hazards Reduction Program refined agency responsibilities, program goals, and objectives. The Federal Emergency Management Agency (FEMA) was designated as the lead agency for the National Earthquake Hazards Reduction Program.

3.7.3.2 State Laws, Regulations, and Policies
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act, signed into law in 1972 (then known simply as the Alquist-Priolo Earthquake Act), requires the delineation of zones along active, potentially active, and well- defined faults. The purpose of the Alquist-Priolo Earthquake Fault Zoning Act is to identify the hazard of surface faulting so that appropriate action can be taken under the act to mitigate these hazards. The act addresses only the hazard of surface fault rupture and is not directed toward other earthquake hazards.

This State law was a direct result of the 1971 San Fernando earthquake, which was associated with extensive surface fault ruptures.

California Seismic Hazards Mapping Act
The California Seismic Hazards Mapping Act of 1990 (PRC Sections 2690 through 2699.6) addresses seismic hazards other than surface rupture, such as liquefaction and seismically induced landslides. The purpose of the California Seismic Hazards Mapping Act is to minimize the loss of life and property through the identification, evaluation, and mitigation of seismic hazards. It specifies that the lead agency for a project may withhold development permits until geologic or soil investigations are conducted for specific sites and mitigation measures are incorporated into plans to reduce hazards of seismicity and unstable soils.

California Building Standards Commission
The California Building Standards Commission is authorized by the California Building Standards Law to administer the many processes related to the development, adoption, approval, publication, and implementation of California’s building codes. Title 24 of the California Building Standards Code serves as the basis for the design and construction of buildings, associated facilities, and equipment in California. Where no other building codes apply, it regulates excavation, foundations, and grading activities, including drainage and erosion control.

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San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that apply to the project area in relating to geology and soils, including the following policies:
o Policy RFP3: Best Management Practices, as identified by the responsible jurisdiction through an adopted ordinance or standard, shall be implemented to minimize potential effects from grading and construction-related erosion. The BMPs shall include site- specific erosion and sedimentation control plans to be prepared for each site to be developed prior to construction.
o Policy RFP7: Geotechnical investigations shall be performed by qualified personnel prior to approval of final design for each feature to identify geologic or soil characteristics that could result in adverse effects on water quality, for example, highly erodible soils or slope conditions.

These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

3.7.3.3 Local Laws, Regulations, and Policies
City of Fresno General Plan 2025
The City’s General Plan 2025, dated February 1, 2002, contains the following objective and policy that are relevant to the project area:
• Objective I-4: Minimize the loss of life and property on the San Joaquin River bluffs that could occur due to geological hazards.
o Policy I-4-a: Maintain and enforce the city’s Bluff Preservation (BP) Overlay Zone District. Development within 300 feet of the toe of the San Joaquin River bluffs shall require an engineering soils investigation and evaluation report that demonstrates that the site is, or methods by which the site could be made, sufficiently stable to support the proposed development.

City of Fresno Draft General Plan Update 2035
In the General Plan Update 2035, the policy is restated as follows:
o Policy NS-2-d: Bluff Preservation Overlay Zone. Maintain the requirements of the Bluff Preservation Overlay Zone District, which include provisions to:

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• Require proposed development within 300 feet of the toe of the San Joaquin River bluffs to undertake an engineering soils investigation and evaluation report that demonstrates that the site is sufficiently stable to support the proposed development, or provide mitigations to provide sufficient stability. • Establish a minimum setback of 30 feet from the San Joaquin River bluff edge for all future structures and rear yards.

3.7.4 Impact Analysis

3.7.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of geology and soils are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on geology and soils if it would:
• expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
o rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Fault Map issued by the State Geologist for the area or based on other substantial evidence of a known fault;
o strong seismic ground shaking;
o seismic-related ground failure, including liquefaction; or o landslides;
• result in substantial soil erosion or the loss of topsoil; • be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse;
• be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property; or
• have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater.

3.7.4.2 Methodology
The analysis of potential impacts was based on an evaluation of the effects of the project on the geological setting and on-site soils. Information in technical reports, the relevant USGS topographic map (Fresno North), and the Fresno County General Plan Revised Public Review Background Report (County I
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Background Report) (County of Fresno 2000a) were reviewed. In determining the extent and implications of the impacts, consideration was given to soil type and composition, and slope stability.

3.7.4.3 I mpacts and Mitigation Measures
Impact 3.7-1: The project could expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, including liquefaction, or landslides.

The project area is located in an area of low seismic rupture or fault-related surface disturbance and is not associated with a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Fault Map. Implementing the project would not expose people or structures to potential substantial adverse effects. The impact would be less than significant. No mitigation is required.

The potential for strong seismic ground shaking is low. Implementing the project would not expose people or structures to potential substantial adverse effects. The impact would be less than significant. No mitigation is required.

The soil composition in the project area is a sandy loam and could be subject to liquefaction in response to an event such as an earthquake. However, the potential for an earthquake occurring in or near the project area is low. The impact would be less than significant. No mitigation is required.

The topography of the project area is essentially level except in the bluff area. The proposed trail extension and parking lot would be constructed on level topography and would not encroach within 300 feet of the toe of the bluffs. Furthermore, BMP GEO-2 would be implemented as part of the project.

Potential exposure of people using the trail extension to landslides would be minimal. The impact would be less than significant. No mitigation is required.

The proposed staircase from Spano Park to the trail extension and proposed access from the Bluff Trail and West Riverview Drive would be constructed on the steep slope of the San Joaquin River bluffs. The Conservancy conducts engineering soils investigations and studies as part of the design process in accordance with State law as described in BMP GEO-2. Plans for the project, and in particular the Spano Park staircase and Bluff Trail/West Riverview Drive access, must be approved by the Division of the State Architect. Plans are also reviewed by the Seismic Peer Review Board. These investigations, designs, and reviews would ensure that the improvements would protect slope stability and structural integrity. The impact would be less than significant. No mitigation is required.

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Impact 3.7-2: The project would result in substantial soil erosion or loss of topsoil.

The trail extension, parking lot, and recreational amenities would be constructed on generally level terrain. Approximately 11.3 acres of level terrain would be disturbed by construction activities such as grading, excavation, and paving. Soil erosion or loss of topsoil would be minimal with the implementation topsoil stockpiling as described in BMPs GEO-1 and GEO-2 (see Section 2.5.5, “Geology and Soils”).

BMPs such as the placement of wattles, silt fencing, and stabilization of construction entrances with gravel mats to minimize trackout would minimize impacts on topsoil and erosion. The impact would be less than significant. No mitigation is required.

However, construction of the Spano Park staircase and Bluff Trail/West Riverview Drive access trail would occur on the steep slope of the River bluff. Soil erosion and loss of topsoil would be expected during construction. Employees may be exposed to unstable areas immediately upslope or downslope of the construction site. After construction, unvegetated bare ground on the slope would be exposed to rain and wind erosion, increasing scouring and rills. Rills begin to form when the runoff shear stress, the ability of surface runoff to detach soil particles, overcomes the soil’s shear strength, the ability of soil to resist force working parallel to the soil’s surface. This begins the erosion process as water breaks soil particles free and carries them down the slope.

The California Building Standards Code sets forth the rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments. It establishes basic policies to safeguard life, limb, property, and public welfare by regulation of grading, cuts, drainage, trenching, terracing, and erosion control.

The City of Fresno Bluff Preservation Overlay Zone District and Policy POSS-7-f establish the following standards for property located within the Bluff Preservation zone:
• Require proposed development within 300 feet of the toe of the San Joaquin River bluffs to undertake an engineering soils investigation and evaluation report that demonstrates that the site is sufficiently stable to support the proposed development, or provide mitigations to provide sufficient stability; and
• Establish a minimum setback of 30 feet from the San Joaquin River bluff edge for all buildings, structures, decks, pools and spas (which may be above or below grade), fencing, lighting, steps, etc.
o An applicant may request to reduce the minimum setback to 20 feet from the bluff edge if it can be demonstrated, to the satisfaction of the City’s Building Official and the Planning Director, that the proposed building, structure, deck, pool and/or spas (which may be above or below grade), fencing, steps, etc., will meet the objectives of the Bluff I
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Preservation Overlay Ordinance. In no case shall the setback be reduced to less than 20 feet.

Appendix F of the California Stormwater Quality Association’s Stormwater BMP Construction Handbook (CASQA 2009) provides a range of BMPs for slope stabilization techniques such as long-lived plant- based soil binders, straw or jute blankets, erosion control products, matting, and mulching. Because of the steep slope, the impact related to erosion and loss of topsoil would be potentially significant.

Mitigation Measure Geology and Soils-1
The Conservancy shall implement the following measures:
• Grading plans and design shall be signed by a professional engineer and submitted for approval within a reasonable time frame before the start of construction. • Construction slopes and grading shall be designed to limit the potential for slope instability and minimize the potential for erosion during and after construction. • In developing grading and construction procedures, the stability of both temporary and permanent cut, fill, and otherwise affected slopes shall be analyzed and properly addressed. • Development of the project site shall comply with the then-most-recent California Building Standards Code design standards and performance thresholds for construction on steep slopes to avoid or minimize potential damage from erosion. • Where soft or loose soils are encountered during investigations, design, or project construction, appropriate measures shall be implemented to avoid, accommodate, replace, or improve such soils. Depending on site-specific conditions and permit requirements, these measures may include:
o locating construction facilities and operations away from areas of soft and loose soil; o overexcavating soft or loose soils and replacing them with engineered backfill materials; o increasing the density and strength of soft or loose soils through mechanical vibration and/or compaction;
o installing material over construction access roads such as aggregate rock, steel plates, or timber mats; and
o treating soft or loose soils in place with binding or cementing agents. • At the beginning of each construction day, the proposed staircase and trail along the bluff slope shall be evaluated for slope stability by qualified construction staff.

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• Fiber rolls shall be placed along the perimeter of the site to prevent sediment and construction-related debris and sediment from leaving the site. • Silt fences shall be placed downgradient of disturbed areas to slow runoff and sediment. • During construction, slopes affected by construction activities shall be monitored by qualified construction staff and maintained in a stable condition. • Construction activities likely to result in slope instability shall be stabilized and suspended, as necessary, during and immediately after periods of heavy precipitation when unstable slopes are more susceptible to failure.

Effectiveness of Mitigation Measure
Implementing Mitigation Measure Geology and Soils-1 would reduce the impact to less than significant because compliance with California Building Standards Code design standards and monitoring and maintenance of controls during construction would minimize potential effects related to erosion and topsoil loss. No additional mitigation is required.

Impact 3.7-3: The project could be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially could result in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.

As described above, the proposed staircase from Spano Park to the trail extension and access from the Bluff Trail and West Riverview Drive would be constructed on the steep slope of the bluff. The Conservancy conducts engineering soils investigations and studies as part of the design process in accordance with State law as described in BMP GEO-2. Plans for the project, and in particular the Spano Park staircase and Bluff Trail/West Riverview Drive access, must be approved by the Division of the State Architect. Plans are also reviewed by the Seismic Peer Review Board. The impact would be less than significant. No mitigation is required.

Impact 3.7-4: The project could be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property.

The near-surface soils that underlie the project site consist of a mix of Hanford Series, Grangeville Series, Cajon Series, Tujunga Series, Visalia Series, and Riverwash. These soils do not have a significant amount of clay and are not expansive soils. The impact would be less than significant. No mitigation is required.

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Impact 3.7-5: The project site could have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater.

Although the soils are characterized as having good drainage, self-contained vault toilet restrooms are proposed to be provided at the parking lot and along the trail extension near Spano Park. These facilities would be regularly maintained such that wastewater would be hauled off-site and not be discharged on- site. The impact would be less than significant. No mitigation is required.

3.8 Greenhouse Gas Emissions

3.8.1 Introduction
This section considers the potential for construction-related and operational greenhouse gas (GHG) emissions associated with the project to affect climate change, and identifies opportunities to avoid, reduce, or otherwise mitigate potential significant impacts. This analysis includes a description of the existing environmental setting; an overview of the GHG regulatory framework that guides the decision- making process; a summary of the assessment methodology used to model GHG emissions; thresholds and other criteria for determining impact significance; an analysis of impacts; and mitigation measures as necessary.

The project area is located within the San Joaquin Valley Air Basin, which is regulated by SJVAPCD. The project consists of the construction of a 3.5-mile multipurpose recreational trail adjacent to the San Joaquin River and a parking lot off Perrin Avenue. Although construction dates have not yet been set, the following calculations assume construction during summer months, which provides for a more conservative estimate of emissions.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the EIR. Several comments were made that the EIR should evaluate the impacts of the project on GHG emissions.

3.8.2 Environmental Setting
Certain gases in the earth’s atmosphere, classified as GHGs, play a critical role in determining the earth’s surface temperature. A portion of the solar radiation that enters the earth’s atmosphere is absorbed by the earth’s surface, and a smaller portion of this radiation is reflected back toward space. Infrared radiation is absorbed by GHGs; as a result, infrared radiation released from the earth that otherwise would have escaped back into space is instead “trapped,” resulting in a warming of the atmosphere. This phenomenon, known as the “greenhouse effect,” is responsible for maintaining a habitable climate on I
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Earth. GHGs are present in the atmosphere naturally, are released by natural and anthropogenic sources, and are formed from secondary reactions taking place in the atmosphere.

Global warming potential (GWP) is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to carbon dioxide (CO
2). The GWP of a GHG is based on several factors,
including the relative effectiveness of a gas to absorb infrared radiation and the length of time (i.e., lifetime) that the gas remains in the atmosphere (“atmospheric lifetime”). The reference gas for GWP is CO
2; therefore, CO2 has a GWP of 1. The other main GHGs that have been attributed to human activity include methane (CH4), which has a GWP of 28, and nitrous oxide (N2O), which has a GWP of 265 (IPCC 2013). For example, 1 ton of CH4 has the same contribution to the greenhouse effect as approximately 28 tons of CO2. GHGs with lower emissions rates than CO2 may still contribute to climate change, because they are more effective at absorbing outgoing infrared radiation than CO2 (i.e., high GWP). The concept of CO2 equivalents (CO2e) is used to account for the different GWP potentials of GHGs to absorb infrared radiation. GHG emissions are typically measured in terms of pounds or tons of CO2e, and are often expressed in metric tons of CO2 equivalent (MTCO2e).

3.8.2.1 Principal Greenhouse Gas Contributors
The following are the principal GHG pollutants that contribute to climate change and their emission sources:
• Carbon Dioxide: CO2 enters the atmosphere through the burning of fossil fuels (oil, natural gas, and coal), solid waste, trees, and wood products, and as a result of other chemical reactions. • Methane: CH4 is emitted during the production and transport of coal, natural gas, and oil.

Emissions of CH4 also result from livestock and other agricultural practices and the decay of organic waste in municipal solid waste landfills.
• Nitrous Oxide: N2O is produced by both natural and human-related sources. Primary human- related sources of N2O are agricultural soil management, sewage treatment, mobile and stationary combustion of fossil fuel, adipic acid production, and nitric acid production. N2O is also produced naturally from a wide variety of biological sources in soil and water, particularly microbial action in wet tropical forests.
• Fluorinated Gases: These gases are typically emitted in smaller quantities, but because they are potent GHGs, they are sometimes called high-GWP gases. These high-GWP gases include:
o chlorofluorocarbons, which are used for refrigeration, air conditioning, packaging, insulation, solvents, or aerosol propellants;
o perfluorocarbons, which are emitted as byproducts of industrial processes and are also used in manufacturing;
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o sulfur hexafluoride, a strong GHG that is used primarily as an insulator in electrical transmission and distribution systems;
o hydrochlorofluorocarbons, which have been introduced as temporary replacements for chlorofluorocarbons and are also GHGs; and
o hydrofluorocarbons, which were introduced as alternatives to ozone-depleting substances in serving many industrial, commercial, and personal needs.

Hydrofluorocarbons are GHGs emitted as byproducts of industrial processes and are also used in manufacturing.

These GHGs are not monitored at local air pollution monitoring stations and do not represent a direct impact on human health. Rather, GHGs generated at local levels contribute to global concentrations of GHGs, which are considered by scientists to result in changes to the climate and environment.

3.8.2.2 Statewide Green house Gas Emissions Inventory
The Intergovernmental Panel on Climate Change concluded that variations in natural phenomena, such as solar radiation and volcanoes, produced most of the warming of the earth from preindustrial times to 1950. These variations in natural phenomena also had a small cooling effect. From 1950 to the present, increasing GHG concentrations resulting from human activity, such as fossil fuel burning and deforestation, have been responsible for most of the observed temperature increase.

Global surface temperature has increased by approximately 1.53°F over the last 140 years (IPCC 2013); however, the rate of increase in global average surface temperature has not been consistent. The last three decades have warmed at a much faster rate per decade (IPCC 2013).

During the same period as the increase in global warming, other natural systems have changed in many ways. Sea levels have risen; precipitation patterns throughout the world have shifted, with some areas becoming wetter and others drier; snowline elevations have increased, resulting in changes to snowpack, runoff, and water storage; and numerous other conditions have been observed. Although it is difficult to prove a definitive cause-and-effect relationship between global warming and other observed changes to natural systems, the scientific community is highly confident that these changes are a direct result of increased global temperatures caused by the increased presence of GHGs in the atmosphere (IPCC 2013).

ARB performs an annual GHG inventory for emissions produced in the state. California produced 459 million MTCO2e in 2012 (Figure 3-1). Combustion of fossil fuels in the transportation category was the single largest source of California’s GHG emissions in 2013, accounting for 37% of total GHG emissions in the state. The transportation category was followed by the industrial category, which accounts for 23% I
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of the state’s total GHG emissions, and by the electric power category (including in-state and out-of-state sources), which accounts for 20% of total GHG emissions in California (ARB 2016b).

Figure 3-1 2013 California Greenhouse Gas Emissions by Sector

3.8.3 Regulatory Setting

3.8.3.1 Federal Laws, Regulations, and Policies
Climate change and GHG reduction is also a concern at the federal level. In December 2009, EPA’s administrator signed a final action under Section 202(a) of the CAA, which identifies six GHGs that constitute a threat to public health and welfare. In light of this action, EPA developed standards and regulations limiting emissions of GHGs from new motor vehicles and specific stationary sources and established a renewable-fuel-standard program.

The Interagency Climate Change Adaptation Task Force published the National Action Plan—Priorities for Managing Freshwater Resources in a Changing Climate in October 2011. This plan (Interagency Climate Change Adaptation Task Force 2011) discusses the effects of climate change on freshwater resources and the adaptation measures that address water supplies; protection of human life, health, and property; and protection of water quality and aquatic ecosystems.

On September 22, 2009, EPA published the Final Mandatory Greenhouse Gas Reporting Rule (Reporting Rule) in the Federal Register. The Reporting Rule requires reporting of GHG data and other relevant information from fossil fuel and industrial GHG suppliers, vehicle and engine manufacturers, and all A:COM
Electricity
Generation (In
State)
11%
Industrial
23%
Electric·ty
Generation
(lmportst
Agriculture
S%
5%
Not Specified
<1%
ra nsportation
37%
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facilities that would emit 25,000 MTCO2e or more per year. Facility owners are required to submit an annual report with detailed calculations of facility GHG emissions on March 31 for emissions from the previous calendar year. The Reporting Rule also mandates recordkeeping and administrative requirements to enable EPA to verify the annual GHG emissions reports.

On December 18, 2014, the Council on Environmental Quality (CEQ) released revised draft guidance that supersedes the draft GHG and climate change guidance released by CEQ in February 2010. The revised draft guidance applies to all proposed federal agency actions, including land and resource management actions. This guidance explains that agencies should consider both the potential effects of a proposed action on climate change, as indicated by its estimated GHG emissions, and the implications of climate change for the environmental effects of a proposed action (CEQ 2014). The guidance encourages agencies to draw from their experience and expertise to determine the appropriate level (broad, programmatic, or project- or site-specific) and type (quantitative or qualitative) of analysis required to comply with the National Environmental Policy Act. The guidance recommends that agencies consider 25,000 MTCO2e on an annual basis as a reference point below which a quantitative analysis of GHG emissions is not recommended unless it is easily accomplished based on available tools and data (CEQ 2014).

3.8.3.2 State Laws, Regul ations, and Policies
California has launched major initiatives for reducing GHG emissions. ARB is the agency responsible for coordination and oversight of State and local air pollution control programs in California and for implementing the CCAA.

Assembly Bill 1493
Assembly Bill (AB) 1493 requires ARB to develop and implement regulations to reduce GHG emissions from automobiles and light trucks. These stricter emissions standards were designed to apply to automobiles and light trucks beginning with model year 2009. In June 2009, EPA’s administrator granted a CAA waiver of preemption to California. This waiver allowed California to implement its own GHG emissions standards for motor vehicles beginning with model year 2009. California agencies worked with federal agencies to conduct joint rulemaking to reduce GHG emissions for passenger car model years 2017 to 2025.

Executive Order S-3-05
Executive Order (EO) S-3-05, issued in June 2005, proclaimed that California is vulnerable to the impacts of climate change. EO S-3-05 declared that increased temperatures could reduce the Sierra Nevada’s snowpack, exacerbate California’s air quality problems, and potentially cause a rise in sea levels. To combat those concerns, the executive order established total GHG emissions targets. Specifically, I
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emissions were to be reduced to the 2000 level by 2010, the 1990 level by 2020, and to 80% below the 1990 level by 2050.

Assembly Bill 32
In 2006, California passed the California Global Warming Solutions Act of 2006 (AB 32; California Health and Safety Code Section 38500 et seq.). AB 32 further details and puts into law the midterm GHG reduction target established in EO S-3-05: reduce GHG emissions to 1990 levels by 2020. AB 32 also identifies ARB as the State agency responsible for the design and implementation of emissions limits, regulations, and other measures to meet the target.

In December 2008, ARB adopted its Climate Change Scoping Plan (Scoping Plan), which contains the main strategies for California to implement to achieve the required GHG reductions required by AB 32 (ARB 2008). The Scoping Plan also includes ARB-recommended GHG reductions for each emissions sector of California’s GHG inventory. ARB further acknowledges that decisions about how land is used have large impacts on the GHG emissions that result from the transportation, housing, industry, forestry, water, agriculture, electricity, and natural gas emissions sectors.

ARB is required to update the Scoping Plan at least once every 5 years to evaluate progress and develop future inventories that may guide this process. ARB approved the First Update to the Climate Change Scoping Plan: Building on the Framework in June 2014 (ARB 2014). The Scoping Plan update includes a status of the 2008 Scoping Plan measures and other federal, State, and local efforts to reduce GHG emissions in California, and potential actions to further reduce GHG emissions by 2020.

Executive Order S-1-07
EO S-1-07, issued in 2007, proclaims that the transportation sector is the main source of GHG emissions in California, at more than 40% of statewide emissions. EO S-1-07 establishes a goal that the carbon intensity of transportation fuels sold in California should be reduced by a minimum of 10% by 2020. This regulation was readopted in 2015 and went into effect on January 1, 2016. The program establishes a strong framework to promote the low-carbon-fuel adoption necessary to achieve the Governor’s 2030 and 2050 GHG emissions goals.

Senate Bill 97
Senate Bill (SB) 97 required the Governor’s Office of Planning and Research to develop recommended amendments to the State CEQA Guidelines for addressing GHG emissions. The amendments became effective on March 18, 2010.

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Senate Bill 375
SB 375, signed in September 2008, aligns regional transportation planning efforts, regional GHG reduction targets, and land use and housing allocation. SB 375 requires metropolitan planning organizations (MPOs) to adopt a sustainable communities strategy (SCS), which prescribes land use allocation in that MPO’s regional transportation plan (RTP). ARB adopted regional GHG targets for passenger vehicles and light trucks for 2020 and 2035 for the 18 MPOs in California. If the combination of measures in the SCS would not meet the regional targets, the MPO must prepare a separate “alternative planning strategy” to meet the targets.

Executive Order B-30-15
In April 2015, Governor Edmund G. Brown Jr. issued EO B-30-15, which established a statewide GHG reduction goal of 40% below 1990 levels by 2030. The emission reduction target acts as an interim goal between the AB 32 goal (i.e., achieve 1990 emission levels by 2020) and Governor Brown’s EO S-03-05 goal of reducing statewide emissions 80% below 1990 levels by 2050. In addition, the executive order aligns California’s 2030 GHG reduction goal with the European Union’s reduction target (40% below 1990 levels by 2030) that was adopted in October 2014. ARB is the agency responsible for coordination and oversight of State and local air pollution control programs in California and for implementing the CAA. 2009 California Climate Adaptation Strategy
The State of California published the 2009 California Climate Adaptation Strategy (California Natural Resources Agency 2009), which summarizes climate change impacts and recommends strategies to adapt to its effects. The strategies cover seven sectors: public health, biodiversity and habitat, oceans and coastal resources, water, agriculture, forestry, and transportation and energy. In 2014, the California Natural Resources Agency published an update to this plan called Safeguarding California: Reducing Climate Risk (California Natural Resources Agency 2014). This document provides policy guidance on the preparation, prevention, and response to the effects of climate change in California.

San Joaquin River Parkway Master Plan
The Conservancy manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan contains goals, objectives, and policies that apply to the project area. Appendix B of this DEIR provides the plan’s goals, objectives, and policies regarding GHG emissions. These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

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3.8.3.3 Local Laws, Regulations, and Policies
ARB also acknowledges that local governments have broad influence and, in some cases, exclusive jurisdiction over activities that contribute to significant direct and indirect GHG emissions through their planning and permitting processes, local ordinances, outreach and education efforts, and municipal operations.

SJVAPCD is responsible for protecting public health and welfare through its administration of federal and State air quality laws and policies. In 2009, SJVAPCD adopted comprehensive regional policy and guidance on addressing and mitigating GHG emission impacts caused by industrial, commercial, and residential development in the San Joaquin Valley. These guidance documents were designed to assist lead agencies, project proponents, permit applicants, and interested parties in addressing and reducing GHG emissions impacts. SJVAPCD has not adopted a threshold for GHG emissions.

Fresno Green
The City of Fresno adopted Fresno Green: The City of Fresno’s Strategy for Achieving Sustainability (City of Fresno 2008). Through this plan, the City committed to being a sustainable city by 2025 by encouraging visions of New City Beautiful, Sierra View 2025, Solar Valley, Green Enterprises and Economic Development, and City as a Good Steward. This plan commits to reducing GHG emissions consistent with AB 32, but does not present specific thresholds for GHG emissions. 2010 Air Quality Element of the County of Madera General Plan This element (County of Madera 2010) does not contain any specific policies, including thresholds for GHG emissions. Additionally, the County of Madera has not adopted a climate action plan. The County of Madera differs to the SJVAPCD thresholds for evaluating projects.

Go Green Fresno County
In 2008, the County of Fresno adopted a package of environmental practices called Go Green Fresno County (County of Fresno 2008). Components of this policy include power green, build green, commute green, purchase green, work green, and share green. Although these policies are intended to promote sustainability, no specific GHG thresholds apply to this project.

3.8.4 Impact Analysis

3.8.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of GHG emissions are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on GHG emissions if it would:

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• generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment; or
• conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.

3.8.4.2 Methodology
Construction-related emissions from typical construction activities, such as site grading and building construction and operational emissions from trips to the parking lots and recreational amenities, were modeled using CalEEMod, Version 2013.2.2. CalEEMod allows the user to enter project-specific information, such as types, number, and horsepower of construction equipment, and the number and length of off-site motor vehicle trips. Construction-related exhaust emissions for the project were estimated for construction worker commutes, haul trucks, and the use of off-road equipment. The project’s operational emissions were also estimated using CalEEMod, which accounted for estimated trips generated by the parking lot and recreational amenities.

The analysis of the project’s potential impacts was based on the total construction-related and operational emissions generated by the project using the following inputs:
• The project would include trail construction and construction of the Perrin Avenue parking lot. The parking lot is calculated to be 2.23 acres (97,055 square feet). • With the construction of the Perrin Avenue parking lot, an assumed 1,000 square feet of recreational amenities and a restroom would be constructed. • A total of 318 daily trips was used to calculate operational emissions.

Details regarding CalEEMod calculations were as follows:
• Construction was assumed to take place during 2019, with the trail and associated facilities operational by 2020.
• Annual construction-related and operational emissions were calculated. • CalEEMod results for the Perrin Avenue parking lot represent emissions generated by the project. • Construction emissions were incorporated into annual operations. The total was divided by the estimated project life of 30 years, and this amortized amount was added to each year of operation.

All calculations are detailed in Appendix C. Aside from assumptions noted in the model, CalEEMod defaults were used for all inputs. Resulting GHG emissions were then compared to the threshold criteria published by SJVAPCD.

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3.8.4.3 Impacts and Mitigation Measures
Impact 3.8-1: The project could generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment.

The proposed alignment for the trail extension and the Perrin Avenue parking lot would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment.

The impacts of the GHG emissions generated by the project are related to the emissions from short-term construction and long-term operations. Off-road equipment, materials transport, and worker commutes during project construction would generate GHG emissions. Operational emissions generated by the project would result from both direct and indirect sources. Direct emissions are typically produced from on-site energy use in the parking lot area and fuel combustion from mobile sources visiting the parking lot. Indirect emissions are typically emissions produced from off-site energy production and water conveyance for a project’s energy use.

The estimated emissions through the entire construction period and operational emissions are shown in Table 3.8-1.

Table 3.8-1 Total Greenhouse Gas Emissions Associated with the Project

GHG Emissions (MTCO2e)
Construction (Total) Construction (Amortized) Operational (Total) Project 192 6 501
Note: GHG = greenhouse gas; MTCO2e = metric tons of carbon dioxide equivalent Source: Estimated by AECOM in 2016

Although GHG emissions generated by the project’s short-term construction activities may be considered new, they would be temporary and would not be considered substantial, given the small size of the project. As shown in Table 3.8-1, total project emissions would be approximately 192 MTCO2e. When this total is amortized over a 30-year project lifetime, annual construction emissions would be approximately 501 MTCO2e/year.

With construction of a parking lot and recreation amenities, the project would result in some operational emissions from the operation of the parking lot and trips generated. Applying the City Park and Parking Lot land uses in addition to the trail construction, operational emissions are estimated to be 366 MTCO2e annually.

The project’s long-term operational GHG emissions would be minimal. Air districts and some lead agencies in California have developed numeric significance thresholds that allow a clear assessment of the degree to which projects would have cumulatively considerable contributions to the significant cumulative impact of climate change. Approaches to developing significance thresholds vary:

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• Some approaches compare an unmitigated project to a mitigated project, seeking a certain minimum percentage reduction that is consistent with statewide mandates. • Other approaches assess emissions on a normalized basis and compare per-capita or per- service-population emissions to what the state as a whole would need to achieve on a normalized basis to accomplish statewide reduction mandates.
• In “bright-line” approaches, the significance threshold is a single number and projects may simply compare their emissions to this bright-line threshold.

The Bay Area Air Quality Management District developed a bright-line threshold of 1,100 MTCO2e annually; this threshold was subsequently used by the Sacramento Metropolitan Air Quality Management District in its guidance documentation. San Diego County developed a bright-line threshold of 2,500 MTCO
2e annually, based on the different mix and scale of forecast development projects in this region compared to the Bay Area. The California Air Pollution Control Officers Association developed a bright- line threshold of 900 MTCO2e annually, which was designed to “capture” approximately 90% of future stationary emission sources, so that feasible mitigation could be imposed on most projects. These significance thresholds were developed using somewhat different approaches, but all with the intent of allowing projects to assess their consistency with the statewide framework for reducing GHG emissions.

The project’s emissions would not approach any of these bright-line thresholds. The amortized emissions or the total GHG emissions for the project would not exceed any of the adopted or recommended thresholds of significance. Therefore, the project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. The impact would be less than significant. No mitigation is required.

Impact 3.8-2: The project could conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.

The project would not conflict with an applicable plan, policies, or regulations for the purpose of reducing GHG emissions.

In 2006, California passed the California Global Warming Solutions Act of 2006 (AB 32) (California Health and Safety Code Section 38500 et seq.). AB 32 establishes regulatory, reporting, and market mechanisms to achieve quantifiable reductions in GHG emissions and establishes a cap on statewide GHG emissions. It requires that statewide GHG emissions be reduced to 1990 levels by 2020. In December 2008, ARB adopted its Scoping Plan, which contains the main strategies for California to implement to achieve the required GHG reductions required by AB 32 (ARB 2008).

The Scoping Plan also includes ARB-recommended GHG reductions for each emissions sector of California’s GHG inventory. ARB further acknowledges that decisions about how land is used have large I
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impacts on the GHG emissions that result from the transportation, housing, industry, forestry, water, agriculture, electricity, and natural gas emissions sectors. ARB is required to update the Scoping Plan at least once every 5 years to evaluate progress and develop future inventories that may guide this process.

ARB approved the First Update to the Climate Change Scoping Plan: Building on the Framework in June 2014 (ARB 2014). The Scoping Plan update includes a status of the 2008 Scoping Plan measures and other federal, State, and local efforts to reduce GHG emissions in California, and potential actions to further reduce GHG emissions by 2020.

None of the measures listed in ARB’s Scoping Plan relate directly to construction activity. The Scoping Plan includes some measures that would indirectly address GHG emissions levels associated with construction activity, including the phasing-in of cleaner technology for diesel engine fleets (including construction equipment) and the development of a low carbon fuel standard. However, successful implementation of these measures depends primarily on the development of future laws and policies at the State level, rather than on separate actions by individual agencies or local governments. Thus, it is assumed that policies formulated under the AB 32 mandate that apply directly or indirectly to construction activity would be implemented during project construction if the policies are developed before construction begins. Therefore, project construction would not conflict with the Scoping Plan.

SJVAPCD established guidelines and policies in its climate action plan to reduce GHG emissions. If the project complies with an approved GHG emission reduction plan or mitigation program that avoids or substantially reduces GHG emissions in the geographic area in which the project is located, the project would have less-than-significant individual and cumulative impacts on GHG emissions. The San Joaquin River Conservancy Master Plan includes goals and policies pertaining to air resources. The project is planned to be consistent with the goals and actions identified in the Master Plan. The project is intended to serve as a multipurpose trail extension that would encourage walking and biking, thus supporting GHG emission reductions.

The project complies with the adopted Fresno Green: The City of Fresno’s Strategy for Achieving Sustainability, is consistent with the AB 32 target to reduce GHG emissions to 1990 levels by 2020, and does not conflict with the visions identified in the strategy. The total GHG emissions generated by this project would be minimal. Thus, the project would not conflict with any applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions. The impact would be less than significant. No mitigation is required.

The project would not conflict with the AB 32 Scoping Plan, Parkway Master Plan, Fresno Green: The City of Fresno’s Strategy for Achieving Sustainability, or other plans, policies, or regulations adopted to reduce GHG emissions. Neither the County of Fresno nor any other agency with jurisdiction over this project has adopted climate change or GHG reduction measures with which the project would conflict.

The impact would be less than significant. No mitigation is required.

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3.9 Hazards and Hazardous Materials

3.9.1 Introduction
This section addresses potential sources of hazards and risks associated with hazardous materials that may occur with project implementation. This section also addresses potential hazards to human health and the environment from the use of hazardous materials and the potential for accidental spills of such materials during construction activities; the potential for construction on known hazardous materials sites; the handling of hazardous materials close to schools; and exposure to wildfires.

Additional public comments were received after the close of the scoping period. Several commenters indicated that the EIR should evaluate the impacts of exposing the public to known hazardous materials during construction.

3.9.2 Environmental Setting
A Phase I Environmental Site Assessment of the study area was conducted by Twining Laboratories in 1999. A subsurface investigation was conducted by Kleinfelder in 2004 on the parcel west of the study area, which was confirmed to have been the site of construction debris disposal (Spano River Ranch Disposal), as discussed further in this analysis and Appendix F.

Another Phase I Environmental Site Assessment was conducted by AECOM in 2016, on 10 parcels located northwest of North Palm Avenue and West Nees Avenue, and south of the River (adjacent to the study area). Portions of the former Spano River Ranch Landfill and the former Kepco Pinedale Landfill are located close to, but west of, the western end of the trail extension. During the Phase I Environmental Site Assessment, the Environmental Data Resources database (Appendix F) was used to review regulatory agencies’ lists of known and potential hazardous waste sites, properties, or facilities being investigated for potential environmental violations, and lists of sites storing or using hazardous materials.

Forty-one adjacent or nearby sites are listed in the County of Fresno’s Certified Unified Program Agency (CUPA) Database. Of these 41 sites, 33 are listed under “Solid Waste—Postclosure Land Use” or “Solid Waste Facility—Closed Site.” A review of these database listings and associated public information from State websites (e.g., GeoTracker [SWRCB 2014] and EnviroStor) determined that none of these sites is expected to present a recognized environmental condition that would affect the project. The following factors were considered: distance from the project site, regulatory status (e.g., closed, no violations found), media affected (e.g., soil only), and topographical position from the project site (e.g., downgradient or cross-gradient).

The local area has been investigated extensively and additional assessments of properties neighboring the project site were reviewed for this DEIR and are summarized in Appendix F.

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3.9.2.1 Schools
No kindergarten through 12th grade (K–12) school is located within 0.25 mile of the project site. The nearest school is Nelson Elementary School, approximately 0.8 mile southwest of the western end of the trail extension. Pinedale Elementary School is located 1.5 miles southeast of the study area.

3.9.2.2 Airports, Airstrips, and Heliports
No public airport is located within 2 miles of the project site. Fresno Yosemite International Airport is approximately 6.5 miles southeast of the study area. Sierra Sky Park, a private airport that is open for public use, is located approximately 2.4 miles southwest of the study area.

Valley Children’s Hospital is located north of the project site in Madera County, at 9300 Valley Children’s Place. The hospital’s 50-acre campus has a private emergency heliport. The hospital provides air transport service in its 45,000-square-mile service area, handling more than 500 helicopter transfers annually. The heliport is located approximately 1.2 miles north of the eastern end of the trail extension.

3.9.2.3 Wildland Fire Hazards
Most of the vegetation on the project site consists of annual grasses, interspersed with shrubs and scattered trees. Approximately 35% of the project site consists of water: the River flows through the northern portion of the project site and the west-central portion of the project site contains several large ponds from past mining activities. In addition, two stormwater detention basins are along the southern property perimeter. According to the California Department of Forestry and Fire Protection (CAL FIRE), the project site is located entirely within a local responsibility area. The eastern half of the project site has been zoned as a moderate fire hazard, and the western half of the project site is unzoned (CAL FIRE 2007).

3.9.3 Regulatory Setting

3.9.3.1 Federal Laws, Regulations, and Policies
Hazardous Materials Handling
At the federal level, the principal agency regulating the generation, transport, and disposal of hazardous substances is EPA, under the authority of the Resource Conservation and Recovery Act (RCRA). The RCRA established an all-encompassing federal regulatory program for hazardous substances that is administered by EPA. Under the RCRA, EPA regulates the generation, transportation, treatment, storage, and disposal of hazardous substances. The RCRA was amended in 1984 by the Hazardous and Solid Waste Amendments of 1984, which specifically prohibits the use of certain techniques for the disposal of various hazardous substances. The Federal Emergency Planning and Community Right-to-Know Act of I
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1986 imposes hazardous materials planning requirements to help protect local communities in the event of accidental release.

Superfund Amendments and Reauthorization Act
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) created the Superfund hazardous substance cleanup program (Public Law 96-510, enacted December 11, 1980).

The program was enlarged and reauthorized by the Superfund Amendments and Reauthorization Act of 1986 (SARA) (Public Law 99-499). As part of CERCLA and SARA, EPA compiles a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States and its territories, known as the National Priorities List. These locations are commonly referred to as Superfund sites. CERCLA also entailed the creation of a trust fund and provides broad federal authority for releases or threatened release of hazardous substance that could endanger public health or the environment.

Hazardous Materials Transportation Act
The Hazardous Materials Transportation Act regulates the safe transportation of hazardous materials by motor vehicles, marine vessels, and aircraft. The U.S. Department of Transportation is the primary federal agency with regulatory responsibility for safe transportation of hazardous materials.

3.9.3.2 Sta te Laws, Regulations, and Policies
Hazards Materials in the Vicinity of School Sites
Sensitive receptors are people who are considered to have a substantially increased sensitivity or rate of exposure to contaminants. Because of this increased sensitivity, special consideration must be given to projects located near sensitive receptors. CEQA specifically establishes that special consideration must be given to projects located near schools (i.e., within 0.25 mile) when considering hazards and hazardous materials (PRC Section 21151.4). This consideration allows for careful examination and disclosure of potential health effects on children associated with exposure to hazardous materials, wastes, and substances.

Hazardous Materials Handling
Several State agencies regulate the transportation and use of hazardous materials to minimize potential risks to public health and safety. CalEPA and the Governor’s Office of Emergency Services (OES) establish rules governing the use of hazardous substances in California. Within CalEPA, the California Department of Toxic Substances Control (DTSC) has primary responsibility, with delegation of enforcement to local jurisdictions, for regulating the generation, transport, and disposal of hazardous substances under the authority of the Hazardous Waste Control Law (HWCL). Regulations implementing I
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the HWCL list hazardous chemicals and common substances that may be hazardous; establish criteria for identifying, packaging, and labeling hazardous substances; prescribe management of hazardous substances; establish permit requirements for hazardous substances treatment, storage, disposal, and transportation; and identify hazardous substances prohibited from landfills.

Government Code Section 65962.5 (CalEPA Cortese List)
The provisions of Government Code Section 65962.5 are commonly referred to as the “Cortese List” (after the legislator who authored the legislation that enacted it). The Cortese List is a planning document used by State and local agencies to comply with CEQA requirements in providing information about the location of hazardous-materials release sites (CalEPA 2014). Government Code Section 65962.5 requires CalEPA to develop an updated Cortese List annually, at minimum. DTSC and the SWRCB are responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List.

Fire Hazard Severity Zones
PRC Sections 4201–4204 and Government Code Sections 51175–51189 require identification of fire hazard severity zones in California. Fire hazard severity zones are measured qualitatively, based on vegetation, topography, weather, crown fire potential (a fire’s tendency to burn upward into trees and tall brush), and ember production and movement within the area of question. Fire prevention areas considered to be under State jurisdiction are referred to as “state responsibility areas.” In these areas, CAL FIRE is required to delineate three hazard ranges: moderate, high, and very high. CAL FIRE is also required to delineate “local responsibility areas,” which are under the jurisdiction of local entities (e.g., cities and counties). In local responsibility areas, only very high fire hazard severity zones are delineated.

Construction Requirements Related to Fire Hazards
The Office of the State Fire Marshal and CAL FIRE administer State policies regarding wildland fire safety. Construction contractors are required to comply with the following requirements of the PRC during construction activities at any site with forest, brush, or grass-covered land:
• earthmoving and portable equipment with internal combustion engines must be equipped with a spark arrester to reduce the potential for guiding a wildland fire (PRC Section 4442); • appropriate fire suppression equipment must be maintained from April 1 to December 1, the period of highest danger for fires (PRC Section 4428); I San Joaquin River Conservancy
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• on days when a burning permit is required, flammable materials must be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame, and the construction contractor must maintain the appropriate fire suppression equipment (PRC Section 4427); and • on days when a burning permit is required, portable tools powered by gasoline-fueled internal combustion engines must not be used within 25 feet of any flammable materials (PRC Section 4431).

San Joaquin River Parkway Master Plan
The Conservancy develops and manages its projects and lands under its jurisdiction in the Parkway through policies in the Parkway Master Plan. The Parkway Master Plan (Appendix B) contains goals, objectives, and policies that relate to hazards and hazardous materials, including the following policies:
• Policy RP9: Make the multipurpose trail sufficiently wide to permit the passage of patrol, rescue, and maintenance vehicles.
• Policy RFMP3: Flood warning alert and evacuation procedures shall be developed and implemented with the counties of Madera and Fresno, the City of Fresno, and Fresno Metropolitan Flood Control District to ensure evacuation of visitors from the Parkway during events with high flow risks, and to prevent public access into the Parkway during such events.

These goals, objectives, and policies do not necessarily avoid impacts but may lessen them.

3.9.3.3 Local Laws, Regulations, and Policies
Unified Program Agencies
The Unified Program consolidates, coordinates, and makes consistent the administrative requirements, permits, inspections, and enforcement activities of six environmental and emergency response programs.

CalEPA and other State agencies set the standards for their programs and local governments implement the standards. These local implementing agencies are CUPAs. For each county, the CUPA regulates and oversees:
• hazardous-materials business plans;
• California accidental release prevention plans or federal risk management plans; • the operation of underground storage tanks and aboveground storage tanks; • universal wastes and the generators and handlers of hazardous waste; • inspections, permitting, and enforcement;
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Compliance is achieved through routine inspections of regulated facilities, and by investigation of citizen- based complaints and inquiries regarding improper handling and/or disposal of hazardous materials and/or hazardous wastes. Reducing sources of hazardous waste is a primary goal of the CUPA. In addition, the CUPA oversees the remediation of certain types of contaminated sites. The County of Fresno Department of Public Health, Environmental Health Division, is the CUPA with jurisdiction over the project site.

City of Fresno General Plan 2025
The following objective and policies from the City’s General Plan 2025 regarding hazards and hazardous materials are relevant to the project:
• Objective I-6: Reduce and control the adverse effects of hazardous materials on the public’s health, safety, and welfare so as to promote the public health and welfare of local residents. o Policy I-6-a.: Hazardous materials will be defined as those that, because of their quantity, concentration, physical or chemical characteristics, pose a significant potential hazard to human health, safety, or the environment. Specific federal, State, and local definitions and listings of hazardous materials will be used by the City of Fresno. o Policy I-6-b.: The city will coordinate and cooperate with other local, State, and federal agencies with expertise and responsibility for hazardous materials. o Policy I-6-e.: Through the environmental process for land use plans and other development projects, the city will continue to identify and assess the health-and-safety- related implications of storage use, and disposal of hazardous materials. o Policy I-6-f.: All commercial and industrial special permits will be conditioned upon proper containment, use, safeguarding, and disposal of hazardous materials. o Policy I-6-g.: The city will continue to prevent, assess, and seek remediation for, any hazardous material contamination within, and affecting, its planning area.

City of Fresno Draft General Plan Update 2035
The following objective and policies from the City’s General Plan Update 2035 are relevant to hazards and hazardous materials:
• Objective NS-4: Minimize the risk of loss of life, injury, serious illness, and damage to property resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous wastes. I
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o Policy NS-4-a: Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the Uniform Fire Code, as adopted by the City.
o Policy NS-4-c: Soil and Groundwater Contamination Reports. Require an investigation of potential soil or groundwater contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development. o Policy NS-4-e: Require that the production, use, storage, disposal, and transport of hazardous materials conform to the standards and procedures established by the County Division of Environmental Health. Require compliance with the County’s Hazardous Waste Generator Program, including the submittal and implementation of a Hazardous Materials Business Plan, when applicable.

3.9.4 Impact Analysis

3.9.4.1 Thresholds of Significance
The thresholds for determining the significance of impacts for this analysis of hazards and hazardous materials are based on the environmental checklist in the State CEQA Guidelines, as amended. The project would have a significant impact on hazards and hazardous materials if it would:
• create a significant hazard to the public of the environment through routine transportation, use, or disposal of hazardous materials;
• create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; • emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; • be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment;
• for a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, result in a safety hazard for people residing or working in the study area;
• for a project within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the study area; I
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• impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or
• expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.

3.9.4.2 Methodology
The analysis of the project’s potential impacts was based on evaluation of the potential sources of hazards and risks associated with hazards. Data from the Cortese List and historical Phase I Environmental Site Assessments of adjacent properties were reviewed.

3.9.4.3 I mpacts and Mitigation Measures
Impact 3.9-1: The project could create a significant hazard to the public or the environment through routine transportation, use or disposal of hazardous materials or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

Construction for the trail extension would involve the routine transport and handling of a minimal amount of hazardous substances, such as diesel fuels and lubricants for construction equipment. Handling and transport of these materials during project construction could expose workers to hazardous substances.

However, transportation of hazardous materials on area roadways is regulated by the California Highway Patrol and Caltrans, and use of these materials is regulated by DTSC, as outlined in CCR Title 22.

The Conservancy or the designated agent is required to use, store, and transport hazardous materials in compliance with federal, State, and local regulations during project construction. Other than small quantities of chemicals (i.e., herbicides that may be used to control weeds immediately adjacent to the trail), no hazardous materials would be used or stored at the project site during project operation.

Furthermore, the Conservancy or the designated agent would be required legally to conform to all applicable regulations and permit requirements of the Central Valley RWQCB pertaining to construction discharges and water quality standards, as discussed in Section 3.10, “Hydrology and Water Quality.” These requirements would include preparing a SWPPP and implementing BMPs, including accidental spill prevention and cleanup measures.

In addition, Section 2.5.1 2.5.2, “Best Management Practices,” discusses BMP Hazards-1, pertaining to construction site hazardous materials and wastewater management,” and BMP BIO-4, pertaining to herbicide use for invasive species management or habitat restoration. These BMPs would be I
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implemented to avoid or substantially lessen adverse environmental impacts. Therefore, the impact would be less than significant. No mitigation is required.

Impact 3.9-2: The project could emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

No K–12 schools are located within 0.25 mile of the project site. The nearest school is Nelson Elementary School, located approximately 0.8 mile southwest of the western end of the trail extension. Thus, no impact would occur.

Impact 3.9-3: The project could be located on a site which is included on a list of hazardous materials sites compiled pursuant to the Government Code Section 65962.5, and therefore would create a significant hazard to the public or the environment.

The project would not be located on a hazardous materials site that is part of the Cortese List (i.e., Government Code Section 65962.5). Thus, potential exposure of construction workers and the public to known hazardous materials would be minor. The impact would be less than significant. No mitigation is required.

Impact 3.9-4: The project could be located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, and the project could result in a safety hazard for people residing or working in the study area.

No airports are located within 2 miles of the study area. The closest airports are Sierra Sky Park, a privately owned public-use airport approximately 3.5 miles to the southwest, and Fresno Yosemite International Airport, approximately 6.5 miles to the southeast. Thus, no impact would occur.

Impact 3.9-5: The project could be in the vicinity of a private airstrip, and thus, project implementation could result in a safety hazard for people residing or working in the study area.

The emergency heliport at Valley Children’s Hospital is located approximately 1.2 miles north of the project site. However, the project would not entail construction of tall buildings or the use of tall construction equipment, such as large cranes. Thus, the project would not result in a safety hazard for helicopter pilots, workers, or employees at or near the project site. No impact would occur.

Impact 3.9-6: The project could impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

All construction activities would occur within the boundaries of the project site. The project would provide access for emergency vehicles (fire, police, and ambulance) at the Perrin Avenue and West Riverview I
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Drive entrances. Public agencies and emergency responders would also have access to the site through a private paved/gravel road located near Palm Avenue and Nees Avenue. The trail extension and parking lot would be connected to the Perrin Avenue entrance. In addition, the trail would be connected to West Riverview Drive via the paved access road and to Palm Avenue and Nees Avenue via a gravel road, for emergency access. The Perrin Avenue entrance gate would be located along SR 41 at the Caltrans right- of-way. The entrance gate would provide entry to the site from Blackstone Avenue, a north-south thoroughfare, for emergency service vehicles. All emergency access gates would include locks for emergency responder access. Therefore, the project’s construction-related and operational activities would not interfere with emergency access to the project site or emergency response vehicles traveling in the City, and would adequately allow emergency response in the project area. No impact would occur.

Impact 3.9-7: The project would expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.

Approximately 65% of the project site consists of disturbed annual grassland habitat (see Section 3.5, “Biological Resources”), dominated by nonnative, upland grass species such as ripgut brome, wild oat, soft brome, black mustard, and filaree. Approximately 35% of the project site consists of water: the River flows through the northern portion of the site; several large ponds (from previous mining activities) in the west-central portion of the site hold water year-round; and two stormwater detention basins are along the site’s southern perimeter. The project site is located entirely within a local responsibility area. The eastern half of the project site has been zoned as a moderate fire hazard, and the western half is unzoned (CAL FIRE 2007).

Since June 2006, 102 grassland wildfires have occurred between SR 99 and Willow Avenue/Friant Road.

During the same period, 12 grassland wildfires have occurred between SR 41 and Palm and Nees Avenues. Fire Stations Nos. 2 and 13 are the nearest stations to the project site. Average response time is about 7 minutes. In the event of a wildfire, these fire stations could provide two fire engines, two (4x4) fire engines, one water tender, and one battalion chief. A total of 15 personnel could be initially involved (Noel, pers. comm., 2014).

The trail extension would be installed in an area of natural vegetation along the River. Because the project area is adjacent to urban-level development, the Conservancy disks firebreaks annually to comply with the City of Fresno weed abatement/fire prevention ordinance. Equipment used for trail construction and ongoing maintenance at the project site could emit sparks, which could increase the wildland fire hazard. The presence of recreational visitors could also increase risks. Therefore, the impact would be potentially significant.

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Mitigation Measure Hazards and Hazardous Materials-1
Safe access for emergency and wildland fire suppression equipment and civilian evacuation shall be provided at three entrance points and throughout the site on the paved trail system. Response agency–approved emergency responder access locks shall be maintained on all gates.

Mitigation Measure Hazards and Hazardous Materials-2
Signs shall be posted that clearly indicate entrances and egresses for the multiuse trail (e.g., Perrin Avenue entrance, West Riverview Drive entrance), to minimize delay in response times to any wildfires that may occur.

Mitigation Measure Hazards and Hazardous Materials-3
Any internal combustion engine that uses hydrocarbon fuels shall not be used on any grass- or brush- covered lands unless the engine is equipped with a spark arrester. All vehicles and construction equipment shall be equipped with an improved muffler.

Mitigation Measure Hazards and Hazardous Materials-4
Signage containing the following or equally effective language shall be placed at all trail access points:

Wildland fires destroy habitat and can threaten lives and structures—be fire safe! The following prohibitions apply throughout the trail area:
(a) No open fires, campfires, or fireworks.
(b) No burning of any trash, vegetation, brush, stumps, logs, fallen timber, or any other flammable material.
(c) Portable barbecues or grills may not be used.
(d) No smoking.

Mitigation Measure Hazards and Hazardous Materials-5
The Conservancy shall maintain a fire-defensible firebreak or comply with the standards in the City of Fresno’s weed abatement/fire prevention ordinance by annually disking or mowing at the site. The shoulders of developed trails shall also be mowed or disked no less often than annually. Ladder fuels and fuel loads shall be evaluated periodically and management measures such as trimming and fuel reduction activities shall be implemented in public use areas.

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Mitigation Measure Hazards and Hazardous Materials-6
Before the start of construction, a fire prevention plan for construction activities shall be prepared and implemented in coordination with the appropriate emergency service and/or fire suppression agencies of the applicable local or State jurisdictions. The plan shall describe fire prevention and response methods, including fire precaution, requirements for spark arrestors on equipment, and suppression measures that are consistent with the policies and standards of the affected jurisdictions. If heavy equipment is used for construction during the dry season, a water truck shall be maintained on the construction site. Materials and equipment required to implement the fire prevention plan shall be available on-site. Before construction begins, all construction personnel shall be trained in fire safety and informed of the contents of the fire prevention plan.

Effectiveness of Mitigation Measure
Implementation of Mitigation Measures Hazards and Hazardous Materials-1 through Hazards and Hazardous Materials-6 would reduce the potential impact to less than significant because the Conservancy would provide appropriate emergency access and signage; would prohibit open burning and the use of barbeque grills; would perform annual and periodic fire prevention activities; would require all construction and maintenance equipment to be properly equipped with spark arrestors; and would prepare and implement a fire prevention plan for construction activities. No additional mitigation is required.

3.10 Hydrology and Water Quality

3.10.1 Introduction
This section describes the existing environmental and regulatory setting of the project area and analyzes the potential impacts of the project on hydrology and water quality. This section also describes the criteria for determining the significance of impacts, approach to assessing impacts, and possible mitigation measures.

As described in Chapter 2, a public scoping meeting was held on June 17, 2014, to invite comments regarding environmental issues that should be examined in the DEIR. No comments were made related to impacts on hydrology and water quality.

3.10.2 En vironmental Setting
The project area is located within the low alluvial plains and fans of the central San Joaquin Valley, between the Coast Ranges and the Sierra Nevada. It is situated on an alluvial floodplain terrace along the south side of the River, approximately 11 miles downstream of Friant Dam. The following description is taken from the water quality technical report, provided in Appendix G of this DEIR.

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3.10.2.1 Climate and Precipitation
The climate in the project area is typical of inland valleys in California, with hot, dry summers and cool, rainy winters, characterized by dense tule fog. The average annual temperature in Fresno is 64ºF, with an annual high temperature of 79ºF and an annual average low temperature of 53ºF. Average annual precipitation is approximately 11 inches in Fresno and increases eastward toward the Sierra Nevada (WRCC 2016). Most of Fresno’s precipitation falls in January, on average the coolest month of the year; the warmest month is July. During summer, temperatures can exceed 100ºF for up to 44 days. During winter, the city experiences an average of 39 days of dense fog, with visibility less than 0.25 mile (WRCC 2016).

3.10.2.2 Topogra phy and Land Cover
The project site is located within Sections 21, 28, and 29 of Township 12S, Range 20E, Mount Diablo Baseline and Meridian, Fresno North 7.5-minute series USGS topographic quadrangle.

The topography has been altered by past mining activities and consists of several relatively flat floodplain terraces, interspersed with gravel mining pits and ponds, and surrounded by relatively steep river bluffs.

The most prominent landforms in the study area are:
• the River channel running from east to west adjacent to the project site, • steep north- and south-facing bluffs that identify the approximate boundaries of the river floodplain, and
• numerous gravel mining pits and ponds that interrupt the otherwise relatively flat topography of the floodplain.

Ground surface elevations range from 249 feet amsl at the River’s low-water mark to 330 feet amsl at the top of the bluff just south of SR 41. The bluff slope ranges between 60% and 80% grade on both the north and south sides of the floodplain.

3.10.2.3 Drainage
Two municipal stormwater detention basins located next to the project site provide service to the adjacent residential and commercial developments. The unlined stormwater detention basins cover approximately 5 acres and are situated near the toe of the bluffs. One is immediately north of the proposed staircase near Spano Park and the other is immediately west of the proposed paved management access road from West Riverview Drive. Municipal stormwater runoff, when present, drains from the developed drainage areas above the bluff to the detention basins. After being detained to allow sediments to settle, excess flows are released through pipes to the on-site gravel ponds.

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Variable incised drainages are visible along the bluffs. Several natural drainages and swales traverse the site. On-site stormwater flows in the direction of the natural topography, from the bluffs toward the River and on-site gravel mining pits and ponds. A portion of the runoff likely directly enters the River.

3.10.2.4 S urface Water
The project site is located within the San Joaquin River watershed, which encompasses 31,800 square miles. The River extends for 366 miles from its headwaters, at an elevation of approximately 7,500 feet on the western slope of the Sierra Nevada to its mouth at Suisun Bay.

The portion of the River located within the planned Parkway extends from Friant Dam to SR 99. The project site is situated within the Parkway planning area, north of Fresno. The River emerges from the foothills and has cut through the topography, creating tall, steep bluffs that confine the riparian zone and floodplain in this reach. River flows are controlled by releases from Millerton Lake via Friant Dam, with some contributions from agricultural and urban return flows, and from two seasonal tributary streams.

Water released from the dam generally is controlled to a maximum River flow of 8,000 cubic feet per second (cfs). River flows adjacent to the project site fluctuate from season to season, but generally range from 350 cfs to 8,000 cfs. Typically, flows are low during the summer and fall and high in the spring.

The project site is in an area along the River that is proposed for reestablishment of an anadromous salmonid fishery through the SJRRP. The program’s Stipulation of Settlement sets forth agreed-on restoration releases from Friant Dam. Maximum SJRRP flows are 4,000 cfs for approximately 2 weeks in wet and normal years. These releases are estimated to occur on average every other year (50% probability in any given year). Project improvements would not be located in areas inundated as frequently as once every 2 years. Fall SJRRP releases are 400–700 cfs for 10 days, and spring releases are 500–2,000 cfs for 8–16 weeks in all but the driest years, varying by water year. These lower flows generally are within the recognized bed and banks of the river.

The water generally is high quality, and water temperature depends on the cold water released from Millerton Lake. The River is considered Essential Fish Habitat for Pacific Coast Salmon, and water quality is an essential component of maintaining this function of the River. The River is sampled annually by the U.S. Bureau of Reclamation in support of the SJRRP. Water quality constituents include total suspended solids, nutrients, total and dissolved solids, organic carbon, bacteria, cations, anions, and trace metals.

Data from Appendix C of the SJRRP 2012 Mid-Year Technical Report (currently available) indicate that few contaminants of concern exist in the River in the vicinity of Friant Dam (SJRRP 2012), about 11 miles upstream of the project area.

Receiving waters can assimilate a limited quantity of various constituent elements before they reach the maximum contaminant level set by EPA and the SWRCB; however, additional thresholds exist beyond which the pollutant may have toxic effects. Millerton Lake and the portion of the River from Friant Dam to I
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Mendota Pool, which includes the portion of the river adjacent to the project site, are listed on the SWRCB’s 2008–2010 list of impaired waters under CWA Section 303(d). Millerton Lake was listed for mercury; the SWRCB plans to establish a total maximum daily load (TMDL) (SWRCB 2016).

The Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan), fourth edition (Central Valley RWQCB 2011), provides the project’s turbidity limits. The Basin Plan states that waters shall be free of changes in turbidity that cause nuisance or adversely affect beneficial uses.

Turbidity increases attributable to controllable water quality factors shall not exceed the following limits:
• where natural turbidity is less than 1 nephelometric turbidity unit (NTU), controllable factors shall not cause downstream turbidity to exceed 2 NTUs;
• where natural turbidity is between 1 and 5 NTUs, increases shall not exceed 1 NTU; • where natural turbidity is between 5 and 50 NTUs, increases shall not exceed 20%; • where natural turbidity is between 50 and 100 NTUs, increases shall not exceed 10 NTUs; and • where natural turbidity is greater than 100 NTUs, increases shall not exceed 10%.

Background turbidity levels are collected by the Central Valley RWQCB from two sites in the project area as part of the Surface Water Ambient Monitoring Program. The Wildwood Native Park sampling location is approximately 1 mile upstream and the Palm and Nees Avenues sampling location is approximately 1 mile downstream of the project site. Average turbidity is 0.74 NTU at Wildwood Native Park and 1.03 NTUs at Palm and Nees Avenues (Conservancy 2015).

3.10.2.5 100- Year Floodplain
A portion of the study area is within a 100-year flood zone; the probability of inundation in the zone is 1% in any year (FEMA 2009). According to the FEMA Flood Insurance Study (FEMA 2009), the project area’s base flood elevation (peak flood elevation during a 100-year flood) varies from 268 to 274 feet North American Vertical Datum of 1988. Figure 3-2 shows the project boundary and 100-year FEMA floodplain.

Base flood elevations were determined based on uncontrolled flows from Friant Dam of 71,000 cfs.

Past mining operations have left behind an extensively modified channel and have affected the historical flow paths in this part of the River. Furthermore, reclaimed gravel ponds and excavated portions of the river channel have slowed river flows and increased water temperatures.

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Figure 3-2 Designated Floodway and 100-year Floodplain in the Project Area • 100 year floodplain
Designated Floodway
.. Proposed parking
A:COM
"'-' Proposed Project
' Existing Unimproved Trail
o---===1::a.000 Foet
o---===2:::i50 Meters

OATA ,OURCE
lJRS Corp., 2014
Pl OJECTIO
NAO 1983 California Teale
Albers
80425596 S C GIS 001
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Table 3.10-1 summarizes portions of project components within the 100-year floodplain and the designated floodway. About 2.4 miles (paved and unpaved) of the multiuse trail would be constructed within the 100-year floodplain. About 1.8 miles of the existing unimproved hiking trails would be widened and overlaid with a permeable surface, such as decomposed gravel.

Table 3.10-1 Project Components within the 100-year Floodplain and Designated Floodway Project Components
100-year Floodplain Designated Floodway
Length (miles) Area (acres) Length (miles) Area (acres) Multiuse Trail
(paved, 12 feet wide) 1.1 1.6 0 0
Multiuse Trail
(unpaved, 10 feet wide)

1.3 1.7 0 0
Perrin Avenue Parking
(paved)
(unpaved)
0 0

0.1 0
0 0
0 0
Bluff Trail
(paved)
0 0 0 0
Existing Unimproved Hiking Trails 1.8 1.3 1.4 1.0
Total 4.2 4.7 1.4 1.0
Source: Compiled by AECOM in 2016

Many of the ponds in the study area are separated from each other and from the river by earthen berms that were left in place between areas excavated for mining sand and gravel from 1961 through 1976. The earthen berms generally are about 20 feet wide on top, many with large breaches (breaks) and some vegetation. The berms are not levees that were constructed to flood control standards, and they tend to fail during high-flow events. As of 2011, five breaks had occurred in several of the berms separating the on-site ponds from the River (Conservancy 2015). The Conservancy is repairing a berm breach that occurred in 2005, north and across the River from the project area, to isolate the gravel pond, restore a vehicle access road, and restore habitat. The improvements are expected to raise the berm crown elevation to at least 3 feet above the predicted 8,000-cfs water surface elevation and widen the berm to about 20 feet. An equalization saddle would allow water surface elevations between the pond and the River to equalize during higher flows, to stabilize the berm. The improved berm has been designed to overtop when flow exceeds approximately 13,000 cfs (Conservancy 2015). The improvements are to be completed before implementation of the project.

3.10.2.6 Designated Floodway
A designated floodway is the channel of a river or stream and the overbank areas that must remain open to carry the deeper, faster moving water during a flood without cumulatively increasing the water surface elevation more than a designated height. A State-designated floodway is either (1) the channel of the I
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stream and that portion of the adjoining floodplain that is reasonably required to provide passage of a base flood, or (2) the floodway between existing levees as adopted by the California State Reclamation Board (now reorganized as the CVFPB) or the California Legislature. The State-designated floodway in the project area is shown in Figure 3-2.

3.10.2.7 Da ms
Friant Dam, a concrete dam that impounds Millerton Lake, is located on the San Joaquin River approximately 11 miles upstream of the study area. Completed in 1942 as part of the Central Valley Project, Millerton Lake provides 520,500 acre-feet of storage capacity for authorized flood control and water supply. The U.S. Bureau of Reclamation owns and operates the dam and controls downstream releases on the River. Both the dam and lake are located in the River’s upper watershed, with a drainage area of 1,650 square miles. The maximum surface water elevation in Millerton Lake is 595.6 feet. Water released from the dam generally is controlled to a maximum of 8,000 cfs in the River.

Friant Dam played a key role during central California’s unprecedented 1997 floods. An emergency release of flood water from Friant Dam was required, peaking at 77,200 cfs. The dam did not fail, but the high-flow release caused levee failure and contributed to flooding downstream.

According to the Fresno County General Plan Update (County of Fresno 2000b), the entire study area is located within a Dam Failure Flood Inundation Area.

3.10.2.8 Groundwater
The project area is located within the Kings subbasin of the San Joaquin Valley Groundwater Basin in the Tulare Lake hydrologic region. The San Joaquin Valley Groundwater Basin makes up the southern two- thirds of the 400-mile-long, northwest-trending asymmetric trough of the Central Valley regional aquifer system, in the southern extent of the Great Valley Geomorphic Province. The San Joaquin Valley is in the southern part of the Central Valley and is bounded on the west by the Coast Ranges, to the south by the San Emigdio and Tehachapi mountains, to the east by the Sierra Nevada, and to the north by the Sacramento–San Joaquin Delta and Sacramento Valley (DWR 2003).The San Joaquin Valley Groundwater Basin includes all surface water basins draining into the San Joaquin River system. The region relies heavily on groundwater, with recovered groundwater making up approximately 30% of the annual supply for agricultural and urban uses. Consequently, the Kings subbasin has been identified as critically overdrafted (DWR 2006). Aquifers in the basin are thick and typically extend to a depth of up to 800 feet (DWR 2003).

The elevation of the water table in the project vicinity increases northward to the River, where the water table coincides with land surface at an elevation of approximately 250 feet amsl (DWR 2015).

Groundwater beneath the study area generally flows away from the River. Groundwater recharge I
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beneath the site likely occurs year-round because water is percolating through the River and several on- site ponds into the aquifer. A nonpotable well is located in the study area, east of the H Pond and north of the stormwater detention basin. The well has a pumping capacity of 55 gallons per minute and is providing temporary irrigation for a habitat restoration program.

In general, groundwater quality is suitable for most urban and agricultural uses (DWR 2003). Municipal, industrial, and domestic water supply and supply for irrigation are defined as beneficial uses in the Basin Plan. Water quality objectives for chemical constituents require that groundwater designated as supply water shall, at a minimum, not contain concentrations of chemical constituents exceeding the maximum contaminant level specified under the provisions of CCR Title 22 (Central Valley RWQCB 2011).

3.10.3 Re gulatory Setting

3.10.3.1 Federal Laws, Regulations, and Policies
Clean Water Act
The CWA is the primary federal law that protects the quality of the nation’s surface waters, including lakes, rivers, and coastal wetlands. The key sections pertaining to water quality regulation are Sections 303(d), 401, 402, and 404. Under the CWA, Congress recognized the primary responsibility and rights of states to prevent, reduce, and eliminate pollution, and to plan the development and use (including restoration, preservation, and enhancement) of land and water resources. The SWRCB and its nine RWQCBs implement Sections 303(d), 401, and 402 at the State level.

Clean Water Act Section 303(d)
Under Section 303(d), the State is required to identify “impaired water bodies” (those not meeting established water quality standards), identify the pollutants causing the impairment, establish priority rankings for waters on the list, and develop a schedule for development of control plans to improve water quality. EPA then approves the State’s recommended list of impaired waters, or adds to and/or removes water bodies from the list. Each RWQCB must update the Section 303(d) list every 2 years. Water bodies on the list have no further assimilative capacity for the identified pollutant, and the Section 303(d) list identifies priorities for development of pollution control plans for each listed water body and pollutant.

The pollution control plans triggered by the CWA Section 303(d) list are called TMDLs. The TMDL is a “pollution budget” designed to restore the health of a polluted body of water and ensure the protection of beneficial uses. The TMDL also contains the target reductions needed to meet water quality standards and allocates those reductions among the pollutant sources in the watershed (point sources, nonpoint sources, and natural sources) (40 CFR 130.2).

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