Breeds Mar 15 to Aug 10
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 8/15 probability of presence breeding season survey effort no data level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information.
The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Allen's
Hummingbird
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 9/15 Bald Eagle
Non-BCC Vulnerable
(This is not a Bird of
Conservation
Concern (BCC) in
this area, but
warrants attention
because of the Eagle
Act or for potential
susceptibilities in
offshore areas from
certain types of
development or
activities.)
California Spotted
Owl
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
California Thrasher
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Clark's Grebe
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Common
Yellowthroat
BCC - BCR (This is a
Bird of Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental USA)
Evening Grosbeak
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 10/15 Golden Eagle
Non-BCC Vulnerable
(This is not a Bird of
Conservation
Concern (BCC) in
this area, but
warrants attention
because of the Eagle
Act or for potential
susceptibilities in
offshore areas from
certain types of
development or
activities.)
Lawrence's
Goldfinch
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Lesser Yellowlegs
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Long-eared Owl
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Marbled Godwit
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Nuttall's
Woodpecker
BCC - BCR (This is a
Bird of Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental USA)
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 11/15 Oak Titmouse
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Olive-sided
Flycatcher
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Rufous
Hummingbird
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Tricolored Blackbird
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Wrentit
BCC Rangewide
(CON) (This is a Bird
of Conservation
Concern (BCC)
throughout its range
in the continental
USA and Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been 10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 12/15 identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and
3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 13/15 Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location".
Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 14/15 The area of this project is too large for IPaC to load all NWI wetlands in the area. The list below may be incomplete. Please contact the local U.S. Fish and Wildlife Service office or visit the NWI map for a full list.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.
FRESHWATER EMERGENT WETLAND
PEM1C
PEM1A
PEM1K
FRESHWATER FORESTED/SHRUB WETLAND
PFOA
PFOC
PSSA
PSSC
FRESHWATER POND
PUBK
PUBF
PUBHx
LAKE
L1UBK
RIVERINE
R4SBC
R3USA
R3USC
R2UBF
A full description for each wetland code can be found at the National Wetlands Inventory website 10/18/21, 11:15 AM IPaC: Explore Location resources
https://ecos.fws.gov/ipac/location/LBKP5AKW7VGR3GV7T2GM7SAO6Q/resources 15/15 Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.
Species List ‐ Intersection of USGS Topographic Quadrangles with NOAA Fisheries ESA Listed Species, Critical Habitat, Essential Fish Habitat, and MMPA Species Data 9‐quad search area centered around Willits quad
20‐Oct‐21
November 2016
X = Present on the Quadrangle
Quad Name Quad Number SONCC (T) CCC (E) CC (T) CVSR (T) SRWR (E) NC (T) CCC (T) SCCC (T) SC (E) CCV (T) SONCC CCC CC CVSR SRWR NC CCC SCCC SC CCV Coho Chinook Brushy Mountain 39123‐E2 X X X X X X XX
Burbeck 39123‐D4 X X X X X XX X X XFoster Mountain 39123‐D2 X X X X X X X X X X XGreenough Ridge 39123‐C4 X X X X X X XX X X XLaughlin Range 39123‐C3 X X X X X X X X XX X XLongvale 39123‐E4 X X X X X XX X X XRedwood Valley 39123‐C2 X X X X X X XX X X XWillis Ridge 39123‐E3 X X X X X X XXWillits 39123‐D3 X X X X X X X X X X X
CHINOOK
ESA ANADROMOUS FISH CRITICAL HABITAT
COHO STEELHEAD COHO STEELHEAD CHINOOK
Eulachon
(T)
Southern DPS
Green
Sturgeon (T)
ESA ANADROMOUS FISH (E) = Endangered, (T) = Threatened
Highly
Migratory
Species
ESSENTIAL FISH HABITAT
Southern DPS
Green
Sturgeon
Eulachon
SALMON
Groundfish Coastal Pelagic
SciName ComName FedList CalList GRank SRank RPlantRankOthrStatus Habitats GenHab MicroHab ReturnOccsTaxonGroup Rana boylii foothill yellow‐leggedNone Endangere G3 S3 BLM_S‐Sensitive | CDFW_SSC‐SpecieAquatic | Chaparral | CismontanPartly‐shaded, shallow stream Needs at least some cobble‐sized substra 60 Amphibians Taricha rivularis red‐bellied newt None None G2 S2 CDFW_SSC‐Species of Special Conce Broadleaved upland forest | No Coastal drainages from HumboLives in terrestrial habitats, juveniles gene 12 Amphibians Accipiter gentilis northern goshawk None None G5 S3 BLM_S‐Sensitive | CDF_S‐Sensitive |North coast coniferous forest | Within, and in vicinity of, conifUsually nests on north slopes, near water 1 BirdsAccipiter striatus sharp‐shinned hawk None None G5 S4 CDFW_WL‐Watch List | IUCN_LC‐LeaCismontane woodland | Lower Ponderosa pine, black oak, ripaNorth‐facing slopes with plucking perches 1 BirdsIcteria virens yellow‐breasted chat None None G5 S3 CDFW_SSC‐Species of Special Conce Riparian forest | Riparian scrub Summer resident; inhabits ripaNests in low, dense riparian, consisting of 1 BirdsSetophaga petechia yellow warbler None None G5 S3S4 CDFW_SSC‐Species of Special Conce Riparian forest | Riparian scrub Riparian plant associations in cFrequently found nesting and foraging in 1 Birds Bombus caliginosus obscure bumble bee None None G4? S1S2 IUCN_VU‐Vulnerable Coastal areas from Santa BarbaFood plant genera include Baccharis, Cirsi 2 Insects Bombus occidentalis western bumble bee None None G2G3 S1 USFS_S‐Sensitive Once common and widespread, species has declined precipitously from 2 InsectsRamalina thrausta angel's hair lichen None None G5? S2S3 2B.1 North coast coniferous forest North coast coniferous forest. On dead twigs and other lichens. 75‐1390 1 LichensArborimus pomo Sonoma tree vole None None G3 S3 CDFW_SSC‐Species of Special ConceNorth coast coniferous forest | North coast fog belt from OregFeeds almost exclusively on Douglas‐fir ne 12 MammalsCorynorhinus townsendii Townsend's big‐earedNone None G4 S2 BLM_S‐Sensitive | CDFW_SSC‐SpecieBroadleaved upland forest | ChaThroughout California in a wid Roosts in the open, hanging from walls an 2 MammalsMartes caurina humboldtensHumboldt marten ThreatenedEndangere G4G5T1 S1 CDFW_SSC‐Species of Special ConceNorth coast coniferous forest | Occurs only in the coastal redwAssociated with late‐successional conifero 1 MammalsPekania pennanti Fisher None None G5 S2S3 BLM_S‐Sensitive | CDFW_SSC‐SpecieNorth coast coniferous forest | Intermediate to large‐tree stagUses cavities, snags, logs and rocky areas 9 Mammals Taxidea taxus American badger None None G5 S3 CDFW_SSC‐Species of Special Conce Alkali marsh | Alkali playa | AlpiMost abundant in drier open s Needs sufficient food, friable soils and op 1 Mammals Emys marmorata western pond turtle None None G3G4 S3 BLM_S‐Sensitive | CDFW_SSC‐SpecieAquatic | Artificial flowing wateA thoroughly aquatic turtle of Needs basking sites and suitable (sandy b 6 ReptilesValley Oak Woodland Valley Oak WoodlandNone None G3 S2.1 Cismontane woodland 1 Woodland Anisocarpus scabridus scabrid alpine tarplanNone None G3 S3 1B.3 USFS_S‐Sensitive Upper montane coniferous foreUpper montane coniferous forOpen stony ridges, metamorphic scree slo 1 Dicots Astragalus agnicidus Humboldt County mil None Endangere G2 S2 1B.1 SB_BerrySB‐Berry Seed Bank | SB_C Broadleaved upland forest | No Broadleafed upland forest, norDisturbed openings in partially timbered f 5 DicotsBlennosperma bakeri Sonoma sunshine Endangere Endangere G1 S1 1B.1 SB_CalBG/RSABG‐California/RanchoValley & foothill grassland | VerVernal pools, valley and foothi Vernal pools and swales. 10‐290 m. 1 Dicots Brasenia schreberi watershield None None G5 S3 2B.3 IUCN_LC‐Least Concern Marsh & swamp | Wetland Freshwater marshes and swamAquatic known from water bodies both n 2 Dicots Calystegia collina ssp. tridact three‐fingered morninNone None G4T1 S1 1B.2 BLM_S‐Sensitive Chaparral | Cismontane woodlaChaparral, cismontane woodlaRocky, gravelly openings in serpentine. 60 1 Dicots Cryptantha dissita serpentine cryptanthaNone None G3 S3 1B.2 BLM_S‐Sensitive Chaparral | Ultramafic Chaparral. Serpentine outcrops. 135‐735 m. 1 Dicots Cryptantha excavata deep‐scarred cryptan None None G1 S1 1B.1 BLM_S‐Sensitive Cismontane woodland Cismontane woodland. Sandy, gravelly, dry streambanks. 180‐375 1 Dicots Gilia capitata ssp. pacifica Pacific gilia None None G5T3 S2 1B.2 Chaparral | Coastal bluff scrub Coastal bluff scrub, chaparral, 5‐1345 m. 1 DicotsHesperolinon adenophyllum glandular western flaxNone None G2G3 S2S3 1B.2 BLM_S‐Sensitive Chaparral | Cismontane woodlaChaparral, cismontane woodlaSerpentine soils; generally found in sepen 6 DicotsHorkelia tenuiloba thin‐lobed horkelia None None G2 S2 1B.2 SB_CalBG/RSABG‐California/RanchoBroadleaved upland forest | ChaBroadleafed upland forest, chaSandy soils; mesic openings. 45‐640 m. 1 Dicots Limnanthes bakeri Baker's meadowfoamNone Rare G1 S1 1B.1 SB_USDA‐US Dept of Agriculture Freshwater marsh | Marsh & swMarshes and swamps, valley a Seasonally moist or saturated sites within 11 Dicots Lupinus milo‐bakeri Milo Baker's lupine None ThreatenedG1Q S1 1B.1 SB_CalBG/RSABG‐California/RanchoCismontane woodland | Valley &Cismontane woodland, valley aIn roadside ditches, dry gravelly areas alo 1 Dicots Navarretia leucocephala ssp. Baker's navarretia None None G4T2 S2 1B.1 Cismontane woodland | Lower Cismontane woodland, meadoVernal pools and swales; adobe or alkalin 8 DicotsPlagiobothrys lithocaryus Mayacamas popcornfNone None GX SX 1A Chaparral | Cismontane woodlaChaparral, cismontane woodlaMoist sites. 285‐415 m. 1 Dicots Trifolium buckwestiorum Santa Cruz clover None None G2 S2 1B.1 BLM_S‐Sensitive | SB_SBBG‐Santa B Broadleaved upland forest | Cis Coastal prairie, broadleafed upMoist grassland. Gravelly margins. 30‐805 1 Dicots Trifolium hydrophilum saline clover None None G2 S2 1B.2 Marsh & swamp | Valley & foot Marshes and swamps, valley a Mesic, alkaline sites. 1‐335 m. 1 Dicots Alisma gramineum grass alisma None None G5 S3 2B.2 Marsh & swamp | Wetland Marshes and swamps. Freshwater marsh. 125‐1735 m. 3 MonocotsFritillaria roderickii Roderick's fritillary None Endangere G1Q S1 1B.1 SB_CalBG/RSABG‐California/RanchoCoastal bluff scrub | Coastal praCoastal bluff scrub, coastal praGrassy slopes, mesas. 20‐610 m. 1 Monocots Piperia candida white‐flowered rein oNone None G3 S3 1B.2 Broadleaved upland forest | LowNorth Coast coniferous forest, Sometimes on serpentine. Forest duff, mo 13 Monocots Pleuropogon hooverianus North Coast semaphoNone ThreatenedG2 S2 1B.1 SB_BerrySB‐Berry Seed Bank | SB_C Broadleaved upland forest | MeBroadleafed upland forest, meWet grassy, usually shady areas, sometim 7 MonocotsPotamogeton epihydrus Nuttall's ribbon‐leaveNone None G5 S2S3 2B.2 IUCN_LC‐Least Concern Marsh & swamp | Wetland Marshes and swamps. Shallow water, ponds, lakes, streams, irrig 1 Monocots CNDDB Rare Find 9-quad database search centered around the Wilits quad, October 18, 2021 Hemizonia congesta ssp. calyculata Mendocino tarplant Asteraceaeannual her 4.3 G5T4 S4 None None Jul‐Nov Cismontane woodland 225 740 1400 4595 TRUE CA LAK, MEN, Bartlett M 0 Arctostaphylos auriculata Mt. Diablo manzanita Ericaceae perennial e1B.3 G2 S2 None None Jan‐Mar Chaparral, Cismontan 135 445 650 2135 TRUE CA CCA, MEN Antioch So 17 Delphinium uliginosum swamp larkspur Ranunculacperennial h 4.2 G3 S3 None None May‐Jun Chaparral, Valley and 340 1115 610 2000 TRUE CA BUT, COL, Aetna Spri 0Astragalus agnicidus Humboldt County milk‐vetch Fabaceae perennial h1B.1 G2 S2 CE None Apr‐Sep Broadleafe Disturbed 120 395 800 2625 TRUE CA HUM, MEN Bailey Ridg 64Astragalus rattanii var. rattanii Rattan's milk‐vetch Fabaceae perennial h 4.3 G4T4 S4 None None Apr‐Jul Chaparral, Cismontan 30 100 825 2705 TRUE CA COL, HUM Arcata Nor 0Blennosperma bakeri Sonoma sunshine Asteraceaeannual her 1B.1 G1 S1 CE FE Mar‐May Valley and foothill gra 10 35 110 360 TRUE CA MEN, SON Cotati (381 24Hesperolinon adenophyllum glandular western flax Linaceae annual her 1B.2 G2G3 S2S3 None None May‐Aug Chaparral, Cismontan 150 490 1315 4315 TRUE CA LAK, MEN Bartlett M 48 Cryptantha excavata deep‐scarred cryptantha Boraginaceannual her 1B.1 G1 S1 None None Apr‐May Cismontane woodland 100 330 500 1640 TRUE CA COL, MEN, Foster Mtn 5 Cypripedium montanum mountain lady's‐slipper Orchidaceaperennial r 4.2 G4 S4 None None Mar‐Aug Broadleafed upland fo 185 605 2225 7300 FALSE AK, CA, ID, AMA, BUT Carberry C 0Potamogeton epihydrus Nuttall's ribbon‐leaved pondweed Potamogetperennial r 2B.2 G5 S2S3 None None (Jun)Jul‐Se Marshes and swamps 369 1210 2172 7125 FALSE AK, AL, AR ELD, MAD, Ackerson M 25Piperia candida white‐flowered rein orchid Orchidaceaperennial h1B.2 G3 S3 None None (Mar)May‐ Broadleafed upland fo 30 100 1310 4300 FALSE CA, OR, W DNT, HUM Annapolis 222 Erythronium citrinum var. citrinum lemon‐colored fawn lily Liliaceae perennial b 4.3 G4T3T4 S3 None None Mar‐May Chaparral, Lower mon 150 490 1300 4265 FALSE CA, OR DNT, HUM Burbeck (3 0 Fritillaria purdyi Purdy's fritillary Liliaceae perennial b 4.3 G4 S4 None None Mar‐Jun Chaparral, Cismontan 175 575 2255 7400 FALSE CA, OR COL, GLE, Aetna Spri 0Fritillaria roderickii Roderick's fritillary Liliaceae perennial b1B.1 G1Q S1 CE None Mar‐May Coastal bluff scrub, Co 15 50 400 1310 TRUE CA MEN, SON Gualala (38 8Helianthus exilis serpentine sunflower Asteraceaeannual her 4.2 G3 S3 None None Jun‐Nov Chaparral, Cismontan 150 490 1525 5005 TRUE CA COL, GLE, Aetna Spri 0Hemizonia congesta ssp. tracyi Tracy's tarplant Asteraceaeannual her 4.3 G5T4 S4 None None May‐Oct Coastal prairie, Lower 120 395 1200 3935 TRUE CA HUM, MEN Alderpoint 0Horkelia tenuiloba thin‐lobed horkelia Rosaceae perennial h1B.2 G2 S2 None None May‐Jul(Au Broadleafed upland fo 50 165 500 1640 TRUE CA MEN, MRN Annapolis 27 Lilium rubescens redwood lily Liliaceae perennial b 4.2 G3 S3 None None Apr‐Aug(Se Broadleafed upland fo 30 100 1910 6265 TRUE CA CCA, DNT, Bailey Ridg 0 Limnanthes bakeri Baker's meadowfoam Limnantha annual her 1B.1 G1 S1 CR None Apr‐May Marshes and swamps 175 575 910 2985 TRUE CA MEN Bluenose R 21Leptosiphon rattanii Rattan's leptosiphon Polemonia annual her 4.3 G4 S4 None None May‐Jul Cismontane woodland 1700 5580 2000 6560 TRUE CA COL, GLE, Brushy Mt 0Lupinus milo‐bakeri Milo Baker's lupine Fabaceae annual her 1B.1 G1Q S1 CT None Jun‐Sep Cismontane woodland 395 1295 430 1410 TRUE CA COL, MEN Covelo Eas 11Erythranthe nudata bare monkeyflower Phrymaceaannual her 4.3 G4 S4 None None May‐Jun Chaparral, Cismontan 200 655 700 2295 TRUE CA COL, GLE, Aetna Spri 0Pleuropogon californicus var. davyi Davy's semaphore grass Poaceae perennial r 4.3 G5T3 S3 None None Mar‐Jun Cismontane woodland 150 490 610 2000 TRUE CA MEN Covelo Eas 0Trifolium hydrophilum saline clover Fabaceae annual her 1B.2 G2 S2 None None Apr‐Jun Marshes and swamps 0 0 300 985 TRUE CA ALA, CCA, Altamont ( 56Leptosiphon latisectus broad‐lobed leptosiphon Polemonia annual her 4.3 G4 S4 None None Apr‐Jun Broadleafed upland fo 170 560 1500 4920 TRUE CA COL, DNT, Aetna Spri 0Perideridia gairdneri ssp. gairdneri Gairdner's yampah Apiaceae perennial h 4.2 G5T3T4 S3S4 None None Jun‐Oct Broadleafed upland fo 0 0 610 2000 TRUE CA DNT, KRN, Ano Nuevo 0Trifolium buckwestiorum Santa Cruz clover Fabaceae annual her 1B.1 G2 S2 None None Apr‐Oct Broadleafed upland fo 105 345 610 2000 TRUE CA MEN, MNT Ano Nuevo 64Pityopus californicus California pinefoot Ericaceae perennial h 4.2 G4G5 S4 None None (Mar‐Apr)M Broadleafed upland fo 15 50 2225 7300 FALSE CA, OR, W DNT, HUM Ah Pah Rid 0Plagiobothrys lithocaryus Mayacamas popcornflower Boraginaceannual her 1A GX SX None None Apr‐May Chaparral, Cismontan 300 985 450 1475 TRUE CA LAK, MEN Lakeport ( 2 Pleuropogon hooverianus North Coast semaphore grass Poaceae perennial r 1B.1 G2 S2 CT None Apr‐Jun Broadleafed upland fo 10 35 671 2200 TRUE CA HUM, MEN Bolinas (37 27 Anisocarpus scabridus scabrid alpine tarplant Asteraceaeperennial h1B.3 G3 S3 None None Jul‐Aug(Sep Upper montane conif 1650 5415 2300 7545 TRUE CA COL, HUM Billys Peak 19Tracyina rostrata beaked tracyina Asteraceaeannual her 1B.2 G2 S2 None None May‐Jun Chaparral, Cismontan 90 295 1270 4165 TRUE CA HUM, LAK Alderpoint 15Wyethia longicaulis Humboldt County wyethia Asteraceaeperennial h 4.3 G4 S4 None None May‐Jul Broadleafed upland fo 750 2460 1525 5005 TRUE CA HUM, MEN Board Cam 0Cryptantha dissita serpentine cryptantha Boraginaceannual her 1B.2 G3 S3 None None Apr‐Jun Chaparral 395 1295 580 1905 TRUE CA COL, LAK, Brushy Mt 23Leptosiphon acicularis bristly leptosiphon Polemonia annual her 4.2 G4? S4? None None Apr‐Jul Chaparral, Cismontan 55 180 1500 4920 TRUE CA ALA, BUT, Auburn (38 0Leptosiphon grandiflorus large‐flowered leptosiphon Polemonia annual her 4.2 G3G4 S3S4 None None Apr‐Aug Cismontane woodland 5 15 1220 4005 TRUE CA ALA, CCA, Arroyo Gra 0Navarretia leucocephala ssp. bakeri Baker's navarretia Polemonia annual her 1B.1 G4T2 S2 None None Apr‐Jul Cismontane woodland 5 15 1740 5710 TRUE CA COL, GLE, Allendale ( 64Alisma gramineum grass alisma Alismatace perennial r 2B.2 G5 S3 None None Jun‐Aug Marshes and swamps 390 1280 1800 5905 FALSE AZ, CA, ID, LAS, MEN, Alturas (41 14Ceanothus gloriosus var. exaltatus glory brush Rhamnaceaperennial e 4.3 G4T4 S4 None None Mar‐Jun(Au Chaparral 30 100 610 2000 TRUE CA HUM, MEN Bear Harbo 0Gilia capitata ssp. pacifica Pacific gilia Polemonia annual her 1B.2 G5T3 S2 None None Apr‐Aug Chaparral, Coastal blu 5 15 1665 5465 FALSE CA, OR DNT, HUM Albion (39 92 Bruchia bolanderi Bolander's bruchia Bruchiancemoss 4.2 G3G4 S3 None None Lower montane conife 1700 5580 2800 9185 FALSE CA, NV, OR ELD, FRE, M Mt. Rose 28Hosackia gracilis harlequin lotus Fabaceae perennial r 4.2 G3G4 S3 None None Mar‐Jul Broadleafed upland fo 0 0 700 2295 FALSE CA, OR, W DNT, HUM Albion (39 0Calystegia collina ssp. tridactylosa three‐fingered morning‐glory Convolvulaperennial r 1B.2 G4T1 S1 None None Apr‐Jun Chaparral, Gravelly, O 0 0 600 1970 TRUE CA COL, LAK, Brushy Mt 11 Brasenia schreberi watershield Cabombaceperennial r 2B.3 G5 S3 None None Jun‐Sep Marshes and swamps 0 0 2200 7220 FALSE AK, AL, AR BUT, CAL, Annapolis 43 Ramalina thrausta angel's hair lichen Ramalinacefruticose lic2B.1 G5? S2S3 None None North Coast coniferou 75 245 430 1410 FALSE AK, CA, ID, DNT, HUM Cant Hook 21 Usnea longissima Methuselah's beard lichen Parmeliacefruticose lic 4.2 G4 S4 None None Broadleafed upland fo 50 165 1460 4790 FALSE AK, CA, ME DNT, HUM Ah Pah Rid 206 CNPS 9-quad database search centered around the Willits USGS quad; October 18, 2021 GHD | City of Willits | 11230579 | Biological Resources Report Appendix C
Site Visit Photographs
Appendix C. Photo Index
Photo 1. Potential North Coast semaphore grass (CT, CNPS 1B.1) within the PSB along the railway easement during the April 19-20th, 2021 survey.
Photo 2. The semaphore grass in flower during April, with erect to ascending spikelets during the April 19- 20th, 2021survey.
Photo 3. The habitat where the semaphore grass was observed, with ponding water and saturated soil present during the April 19-20th, 2021survey.
Photo 4. Semaphore grass habitat in informal use trail along the rail during the April 19-20th, 2021survey.
Photo 5. Semaphore grass rhizome used for identification in the July 6-8 th, 2021 survey.
Photo 6. Semaphore grass within the PSB was observed to never reach the height typical of North Coast semaphore grass during the July 6-8
th, 2021 survey but may have been trampled or stunted in the lower quality habitat.
Photo 7. Semaphore grass floret used for identification in the July 6-8 th, 2021 survey.
Photo 8. SNC Location 1, Valley oak woodland Association along both sides of the rail within the PSB during the April 19-20th, 2021 survey.
Photo 9. SNC Location 2, closed canopy across the rail footprint, within the riparian zone. On the northern end of the vegetation community within the PSB during the July 6-8 th, 2021 survey. Semaphore grass was
also found in this location (Appendix A, Figure 6-4).
Photo 10. An example of some quality habitat in Broaddus Creek, east of the bridge crossing within the PSB.
Photo 11. An example of some quality habitat in Broaddus Creek, east of the bridge crossing within the PSB.
Photo 12. Part of the riparian zone of Baechtel Creek within the PSB.
Photo 13. Haehl Creek and it’s red alder riparian zone within the PSB.
GHD | City of Willits | 11230579 | Biological Resources Report Appendix D
List of Wildlife Species Detected On-site
Wildlife Species Detected On-site
Common Name Scientific Name Common or Special Status
Birds
Northern Flicker Colaptes auratus Common
Red-shouldered Hawk Buteo lineatus Common
Red-tailed Hawk Buteo jamaicensis Common
Turkey Vulture Cathartes aura Common
Common Raven Corvus corax Common
Woodpecker (uncertain of whether
Acorn, Nuttall’s, Ladder-back or
Hairy species)
Common
American Robin Turdus migratorius Common
Chestnut-backed Chickadee Poecile rufescens Common
Golden Crowned Sparrow Zonotrichia atricapilla Common
California Towhee Melozone crissalis Common
Mammals
Deer sp. Odocoileus sp. Common
Domestic cat Felis catus Common
Fish
Steelhead/Rainbow Trout (young
of year)
Oncorhynchus mykiss,
possibly subspecies irideus
If Steelhead: FT, if Rainbow Trout:
Common (see Table 6.3)
Reptiles
Western Fence Lizard Sceloporus occidentalis Common
Insects
Swallowtail butterfly Papilionidae sp. Common
Report Preparers
City of Willits Willits Rail with Trail Project 5-4
Appendix C
Aquatic Resources Delineation
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report i Aquatic Resources
Delineation Report
Willits Rail with Trail
City of Willits
October 14, 2021
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report ii Aquatic Resources Delineation Report
Willits Rail with Trail
This document has been prepared for:
City of Willits
111 E. Commercial Street
Willits, CA 95490 USA
By:
GHD
718 Third Street
Eureka, CA 95501, United States
T +1 707 443 8326 | E [email protected] | ghd.com
October 14, 2021
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report iii Table of Contents
1. Summary .................................................................................................................................................................... 1
2. Introduction ................................................................................................................................................................. 1
2.1 Project Description .............................................................................................................................................. 1
2.2 Project Location .................................................................................................................................................. 2
2.3 Regulatory Background ....................................................................................................................................... 2
2.3.1 Federal ......................................................................................................................................................... 2
2.3.2 State ............................................................................................................................................................. 3
3. Methodology ............................................................................................................................................................... 5
3.1 Aquatic Resources Delineation Approach .......................................................................................................... 5
3.2 Botanical Methodology ........................................................................................................................................ 6
3.3 Soils Methodology ............................................................................................................................................... 6
3.3.1 Existing Soils Information............................................................................................................................. 7
3.4 Hydrology Methodology ...................................................................................................................................... 8
4. Results ........................................................................................................................................................................ 8
4.1 Wetlands ............................................................................................................................................................. 8
4.1.1 Wetland 1 ..................................................................................................................................................... 8
4.1.2 Wetland 2 ..................................................................................................................................................... 9
4.1.3 Wetland 3 ..................................................................................................................................................... 9
4.1.4 Wetland 4 ................................................................................................................................................... 10
4.1.5 Wetland 5 ................................................................................................................................................... 10
4.1.6 Wetland 6 ................................................................................................................................................... 11
4.1.7 Wetland 7 ................................................................................................................................................... 11
4.1.8 Wetland 8 ................................................................................................................................................... 12
4.2 Other Waters of the U.S. and/or State .............................................................................................................. 13
4.2.1 Broaddus Creek ......................................................................................................................................... 13
4.2.2 Baechtel Creek .......................................................................................................................................... 13
4.2.3 Haehl Creek ............................................................................................................................................... 13
4.3 Upland Sampling Points .................................................................................................................................... 14
4.3.1 Upland 1 ..................................................................................................................................................... 14
4.3.2 Upland 2 ..................................................................................................................................................... 15
4.3.3 Upland 3 ..................................................................................................................................................... 15
5. Conclusions .............................................................................................................................................................. 15
6. Special Terms and Conditions ................................................................................................................................. 16
6.1 Purpose of this Report ...................................................................................................................................... 16
6.2 Scope and Limitations ....................................................................................................................................... 16
7. References ............................................................................................................................................................... 16
8. Report Preparers ...................................................................................................................................................... 17
8.1 Client ................................................................................................................................................................. 17
8.2 GHD .................................................................................................................................................................. 17 GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report iv Table Index
Table 3.1 Wetlands and Other Waters within the PSB .................................................................................... 14 Table 3.2 Wetland Transect Sampling Locations ............................................................................................ 14 Table 3.3 Upland Sampling Point Locations .................................................................................................... 15 Appendices
Appendix A Figures
Figure 1. Vicinity Map
Figure 2. Project Study Boundary
Figure 2-1. Study Boundary
Figure 2-2. Study Boundary
Figure 2-3. Study Boundary
Figure 2-4. Study Boundary
Figure 3-1. Aquatic Resources Delineation
Figure 3-2. Aquatic Resources Delineation
Figure 3-3. Aquatic Resources Delineation
Figure 3-4. Aquatic Resources Delineation
Figure 4. NRCS Soils Map
Figure 5. NWI Wetlands
Figure 6. FEMA Flood Zones
Appendix B Data Sheets
Appendix C On-site Plant List
Appendix D Site Photographs
Appendix E NRCS Custom Soil Resources Report
Appendix F Record of Climatological Observations and WETS Table
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 1
1. Summary
GHD prepared this aquatic resource delineation report and accompanying appendices on behalf of the City of Willits (City), in support of the proposed Willits Rail with Trail (Project) within the community of Willits, California (Appendix A Figure 1). GHD conducted the aquatic resource delineation fieldwork on July 6th – 8th, 2021. The delineation was conducted within the Project Study Boundary (PSB) as shown in Appendix A, Figure 2. United States Army Corps of Engineers (USACE) three-parameter wetlands, and other waters of the United States or State of California (Other Waters) were mapped based on wetland indicative vegetation, hydric soils, and wetland hydrology and observation of the ordinary high-water mark (OHWM).
Both three-parameter wetlands and other waters were mapped as shown in Appendix A, Figures 3-1, 3-2, 3-3, and 3-4. No one-parameter wetlands were mapped because the Project is located outside of the Coastal Zone.
The aquatic resource delineation identified eight three-parameter wetlands with hydric soil, hydrophytic vegetation, and hydrology indicators, and three seasonal watercourses. The three-parameter wetlands were observed running adjacent to the rail line on either side. The total area of three-parameter wetlands mapped within the PSB is 118,994 ft2
(2.7 acres) and the total area of Other Waters mapped within the PSB is 13,861 ft2(0.32 acres) (Appendix A, Figures 3-1, 3-2, 3-3, and 3-4). The three seasonal watercourses that were observed running across the PSB, Broaddus Creek, Baechtel Creek, and Haehl Creek, were delineated using OHWM indicators in the field, and can be considered Other Waters of the United States or State of California (Other Waters). These creeks drain into Davis Creek, which drains to Outlet Creek, a tributary of the Eel River (a navigable waterway). Of the eight three-parameter wetlands, seven are directly hydrologically connected to a seasonal watercourse, and one is likely historically connected; all are likely USACE and Regional Water Quality Control Board (RWQCB) jurisdictional. The total area of threeparameter wetlands and Other Waters encompasses 132,855 ft2 or 3.05 acres, or 12% of the PSB.
2. Introduction
This report supports the Project’s environmental documentation, permitting, and construction planning as deemed appropriate. The proposed PSB includes the proposed area of impact which encompasses 25.8 acres (Appendix A Figure 2). This report is subject to, and must be read in conjunction with, the limitations set out in Section 5, Special Terms and Conditions, and the assumptions and qualifications contained throughout the report.
2.1 Project Description
The Project would construct an approximately 1.6-mile Class I bike trail (pedestrian and bicycle trail) from East Commercial Street to East Hill Road within the North Coast Railroad Authority (NCRA) right of way, within the City limits. Installation of this 1.6-mile trail would improve access and safety for pedestrian and bicycle users as well as create opportunities for nature study and recreation. The trail would provide a connection between the southern and the northern parts of the City, and it would be accessible to the residents that live and work in Willits. Furthermore, the trail would eventually provide linkages beyond the City into other parts of Mendocino County, the City of Ukiah, and beyond as part of the proposed Great Redwood Trail, which is planned to span between Eureka and the north San Francisco Bay Area. The GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 2 proposed trail would also connect to the Haehl Creek Trail, located near the Frank R. Howard Memorial Hospital.
The trail would be a paved pathway Class I facility, an approximately ten-feet wide trail (five feet per travel lane) with two-foot shoulders. The trail may be narrowed in limited locations where unavoidable site constraints exist. The trail would be separated from the railroad and adjacent private property by a fence.
The trail would be a minimum of ten feet from the railroad to meet NCRA design standards. The trail would include new bridge crossings over three creeks – Broaddus Creek, Baechtel Creek, and Haehl Creek.
It is assumed the railroad will remain active, with minimal levels of activity primarily associated with the Skunk Train excursion tours. The Project would not conflict with the Skunk Train excursion trails or other railroad use. Small areas of inactive track may be removed, primarily associated with grade crossings or inactive spurs. Existing street crossings may be enhanced with California Manual on Uniform Traffic Control Devices (CA MUTCD) standards, such as with LED signs. Signage and markings at public street crossings would be updated as required by the California Public Utilities Commission (CPUC). Railroad crossings within City-street crossings would remain unaltered, except when providing connections to existing pedestrian facilities (including curb, gutter and sidewalk) located adjacent to the trail.
The Project would be designed in accordance with NCRA design standards and the Caltrans Highway Design Manual, 7th Edition (2020). In addition, the Project would be designed in accordance with other specific applicable standards, including the 2010 Americans with Disabilities Act Standards for Accessible Design and CA MUTCD standards.
2.2 Project Location
The Project is located along the railroad corridor between East Commercial Street to East Hill Road within the NCRA right of way (Appendix A, Figure 1). The Skunk Train Depot is located at the northern end of the trail alignment. The railroad corridor is bordered by residential, industrial, and open space uses (Appendix A, Figure 2, Figures 2A through Figure 2D). Three creeks (including riparian habitat) cross the trail alignment. Portions of the Project Area are included in the mapped FEMA Regulatory Floodway and/or the 100-year flood zone of the three creeks which cross the trail alignment (Appendix A, Figure 6).
2.3 Regulatory Background
2.3.1 Federal
Waters of the United States
The Code of Federal Regulations (CFR), 40 CFR § 230.3 states the following:
The term waters of the United States are defined as:
(1) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters including interstate wetlands; (3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 3 (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or
(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
(iii) Which are used or could be used for industrial purposes by industries in interstate commerce;
(4) All impoundments of waters otherwise defined as waters of the United States under this definition; (5) Tributaries of waters identified in paragraphs (s)(1) through (4) of this section; (6) The territorial sea;
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. (40 CFR § 230.3).
Wetlands Definition
40 CFR § 230.3 continues and defines, “(t) The term wetlands are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas” (40 CFR § 230.3).
Wetland Delineation Manual
The 1987 USACE Wetland Delineation Manual provides guidelines and methods to determine whether an area is a wetland subject to federal regulation under Section 404 of the Clean Water Act. The manual specifies that wetland hydrology, soil, and vegetation indicators must be present to identify a wetland (USACE 1987, p. 10). In addition, the Wetlands Delineation Manual states, “If hydrophytic vegetation is being maintained only because of man-induced wetland hydrology that would no longer exist if the activity (e.g., irrigation) were to be terminated, the area should not be considered a wetland,” (USACE, 1987).
Federal Geographic Data Committee (FGDC) Wetland Classification Standard The Classification of Wetlands and Deepwater Habitats of the United States (FGDC, 2013) provides a nationally standardized hierarchical system for classifying wetland and deepwater habitats based on Cowardin et al. (1979). The National Wetland Inventory (NWI), a publicly available resource that provides information on the distribution of wetlands in the U.S., classifies wetlands according to the FDGC standard.
The FDGC classification is based on a definition of wetlands with at least one of the three wetland attributes:
predominantly hydrophytic vegetation, predominantly hydric soil, and hydrology. However, they state that all available information should be used, and all three attributes should be considered if they are present (FGDC, 2013).
2.3.2 State
The State Water Resources Control Board’s (SWRCB) April 2019 Procedures for Discharges of Dredged or Fill Material to Waters of the State says the following:
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 4 An area is wetland if, under normal circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation.
The Water Code defines “waters of the state” broadly to include “any surface water or groundwater, including saline waters, within the boundaries of the state.” “Waters of the state” includes all “waters of the U.S.” The following wetlands are waters of the state:
1. Natural wetlands,
2. Wetlands created by modification of a surface water of the state, and
3. Artificial wetlands that meet any of the following criteria:
a. Approved by an agency as compensatory mitigation for impacts to other waters of the state, except where the approving agency explicitly identifies the mitigation as being of limited duration;
b. Specifically identified in a water quality control plan as a wetland or other water of the state;
c. Resulted from historic human activity, is not subject to ongoing operation and maintenance, and has become a relatively permanent part of the natural landscape; or d. Greater than or equal to one acre in size, unless the artificial wetland was constructed, and is currently used and maintained, primarily for one or more of the following purposes (i.e., the following artificial wetlands are not waters of the state unless they also satisfy the criteria set forth in 2, 3a, or 3b):
i. Industrial or municipal wastewater treatment or disposal, ii. Settling of sediment,
iii. Detention, retention, infiltration, or treatment of stormwater runoff and other pollutants or runoff subject to regulation under a municipal, construction, or industrial stormwater permitting program,
iv. Treatment of surface waters,
v. Agricultural crop irrigation or stock watering,
vi. Fire suppression,
vii. Industrial processing or cooling,
viii. Active surface mining – even if the site is managed for interim wetlands functions and values,
ix. Log storage,
x. Treatment, storage, or distribution of recycled water, or xi. Maximizing groundwater recharge (this does not include wetlands that have incidental groundwater recharge benefits); or
xii. Fields flooded for rice growing.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 5 All artificial wetlands that are less than an acre in size and do not satisfy the criteria set forth in 2, 3.a,
3.b, or 3.c are not waters of the state. If an aquatic feature meets the wetland definition, the burden is on the applicant to demonstrate that the wetland is not a water of the state” (SWRCB, 2019).
The February 2020 Draft Guidance State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State further clarifies as follows:
Human activity can cause changes to the surrounding landscape (e.g., grading activities, road construction, direct hydromodification) such that wetlands form where wetlands did not previously exist. Where such artificial wetlands are now a relatively permanent part of the natural landscape, and are not subject to ongoing operation and maintenance, they are waters of the state. By requiring that the wetlands are relatively permanent, the framework excludes wetlands that are temporary or transitory. That they are part of the natural landscape also indicates the relative permanence of the wetlands and suggests that the wetland is self-sustaining without ongoing operation and maintenance activities, and provides similar ecosystem services as natural wetlands. By way of example, this category of wetlands includes situations where water flow is permanently redirected as the result of human activity, such as grading in another area, such that new wetlands form in areas that were previously dry. These wetlands may not be natural wetlands because they result from human activity and they were not formed by modifying a water of the state (rather they were an indirect result), but nevertheless they take on the function of natural wetlands such that they should be considered waters of the state. This category would not include artificial wetlands constructed for specific purposes listed in section II.3.d because the construction of the artificial wetlands would be too recent to be deemed “historic” and the artificial wetland would likely require ongoing maintenance such that they would not be deemed “relatively permanent,” and/or the artificial wetland is not part of the “natural landscape” (SWRCB, 2020).
The RWQCB carry out and regionally regulate the SWRCB’s definition of Waters of the State.
3. Methodology
3.1 Aquatic Resources Delineation Approach
GHD scientists conducted the aquatic resource delineation on July 6th – 8th, 2021. At the time of the delineation, 23.6 acres of the PSB were surveyed. On January 10th, 2022, 2.2 acres were added to the Project Boundary, but all additions are within the footprint of existing developed streets and contain no aquatic resources. These 2.2 acres are included in the PSB calculations.
To define a wetland, the USACE requires that vegetation, soil, and hydrology (three-parameters) all show wetland attributes (USACE 1987; USACE 2010). The wetland delineation used USACE criteria from the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys and Coast Region (Version 2.0) (USACE 2010). The current standard field forms provided by the USACE (2010) were used to collect vegetation, soils, and hydrology data (Appendix B).
In potential three-parameter wetland areas, vegetation, soil, and hydrology data were collected in a transect across the upland/wetland boundary with two plots (upland/wetland) per transect. The naming convention used on datasheets to designate upland or wetland plots associated with a transect is -U or -W, respectively.
Three-parameter wetland/upland boundaries and plots were mapped in the field with an Eos Arrow 100 Submeter Global Positioning System (GPS) Receiver with Global Navigation Satellite System (GNSS) and GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 6 an iPad running ArcGIS Collector software. The wetland/upland boundary was recorded with the GPS unit as needed to map the wetland’s spatial extent. The points were then connected in the office using ArcMap software for figure creation and the boundaries were clipped to the extent of the PSB.
Each three-parameter wetland area was designated with a number (e.g., W1). The wetland points were also labeled with their respective wetland number. In addition to the wetland sampling points, upland sampling points were described. These were labeled beginning with a “U” and numbered in sequence (e.g., U1, U2).
The upland sampling points were completed to confirm and document the absence of any wetland indicators (soils, hydrology, and vegetation). Appendix B contains all datasheets recorded during the delineation.
3.2 Botanical Methodology
Vegetation data collection consisted of listing the dominant species in the herbaceous, shrub, and tree layer within a standard-sized plot determined by the strata layer. Nomenclature follows The Jepson Manual (Baldwin et al. 2012), which was cross-checked to federal standard nomenclature to identify the indicator status. The species’ wetland indicator status for the Western Mountains, Valleys, and Coast Region was denoted in the respective column, using the standard reference: State of California 2016 Wetland Plant List (Lichvar et al. 2018). This list classifies species based on the probability that they are found in wetlands (USACE 1987) as follows:
– Obligate (OBL): almost always in wetlands (99% probability) – Facultative Wetland (FACW): usually occurring in wetlands (67% to 99% probability) – Facultative (FAC): commonly occurring in wetlands and uplands (34% to 66% probability of occurring in wetlands)
– Facultative Upland (FACU): usually occurring in uplands (1% to 33% probability of occurring in wetlands)
– Upland (UPL): upland obligate, rarely in wetlands (1% in wetlands) Species that do not appear on the list are considered to be in the upland category (Lichvar et al. 2018).
Standard procedures for documenting hydrophytic vegetation indicators were used per the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (USACE 2010). A complete list of plants documented at the site with respective wetland indicator status is included as Appendix C. Site photographs have been included as Appendix D. A separate Botanical Memo contains the locations and extents of mapped vegetation alliances and Sensitive Natural Communities within the PSB (GHD 2021).
3.3 Soils Methodology
Hydric soils were defined based on the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) (USACE 2010) procedures in combination with the Natural Resources Conservation Service’s (NRCS) definitions presented in Field Indicators of Hydric Soils in the United States (USDA/NRCS 2018). Soil pits were dug to an approximate depth of 12 to 14 inches except in compacted urban soils. Data on soil color, texture, and redoximorphic features were recorded. Any observed redoximorphic features (iron concentrations) were noted along with their percentage within the soil matrix, and care was taken to distinguish chromas of 1 and 2 indicative of an iron-depleted soil within 12 inches of the soil surface (USACE 2010; USDA/NRCS 2018).
The Munsell Soil Color Book (COLOR, M. 2000) was used to describe the soil colors for the entire depth of the test pit. Moist, natural soil aggregate (ped) surfaces, which had not been crushed, were used to GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 7 determine the soil’s color. Soils with low chroma were verified as being hydric or upland with Field Indicators of Hydric Soils in the United States (Version 8.2, 2018).
3.3.1 Existing Soils Information
The NRCS identifies four soil units within the PSB (Appendix A, Figure 5; and Appendix E). A brief map unit description, as generated by the NRCS, is provided for each soil unit below (NRCS 2021). Although NRCS soil mapping is informative, the scale is generally too broad to definitively characterize potential wetlands. Please see the full report included as Appendix E for complete details.
Cole silty clay loam, 0 to 1 percent slopes
The Cole silty clay loam 0 to 1 percent slopes map unit composition contains: 85% Cole and similar soils, and 15% minor components (consisting of 5% Cole, 5% Unnamed and 5% Clear Lake). Cole soils can be found on alluvial fans and toe slopes; the parent material is alluvium derived from sedimentary rock. Cole consists of silty clay loam in the top horizons, with clay loam followed by loam at the deepest horizon. Cole soils would be considered prime farmland if irrigated and drained and has a land capability classification (LCC) of 2w if irrigated, and 3w if not irrigated. These soils are somewhat poorly drained, and the depth to water table is 12 to 48 inches. Cole silty clay loam is not considered a hydric soil. This soil type is centrally located and comprises 22.7% of the PSB.
Feliz loam, 0 to 2 percent slopes
The Feliz loam 0 to 2 percent slopes map unit composition contains: 85% Feliz and similar soils, and 14% minor components (consisting of 3% Cole, 3% Unnamed, 3% Pinnobie, 2% Pinole, 1% Talmage, 1% Russian loam, and 1% Xerofluvents). Feliz soils can be found on alluvial fans and backslopes; the parent material is alluvium derived from sedimentary rock. Feliz consists of loam in all horizons. Feliz soils would be considered prime farmland if irrigated and has an LLC of 1 if irrigated, and 3c if not irrigated. These soils are well drained, and the depth to water table is more than 80 inches. Feliz loam is not a considered a hydric soil. This soil type is in the northern portion of the Project and comprises 0.7% of the PSB.
Gielow sandy loam, 0 to 5 percent slopes
The Gielow sandy loam 0 to 5 percent slopes map unit composition contains: 85% Gielow and similar soils, and 15% minor components (consisting of 3% Cole, 3% Clearlake, 3% Feliz, 2% Unnamed, 2% Russian, and 2% Talmage). Gielow soils can be found on alluvial flats and backslopes; the parent material is alluvium derived from sedimentary rock. Gielow consists of sandy loam in the top horizon, with loam followed by stratified sandy loam to sandy clay loam at the deepest horizon. Gielow soils would be considered prime farmland if irrigated and drained and has an LLC of 2w if irrigated, and 3w if not irrigated. These soils are somewhat poorly drained, and the depth to water table is 0 inches. Gielow loam is considered a hydric soil.
This soil type is in the southern portion of the Project and comprises 28.8% of the PSB.
Urban land
The Urban land map unit composition contains: 90% Urban land, and 10% minor components (consisting of 2% Unnamed, 2% Xerofluvents, 1% Talmage, 1% Cole, 1% Feliz, and 1% Pinole). Urban land is not prime farmland. Urban land is not a hydric soil. This soil type is in the northern portion of the Project and comprises
47.8% of the PSB.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 8
3.4 Hydrology Methodology
GHD delineated wetlands and Other Waters within the PSB during July 6th – 8th, 2021, in the middle of the dry season. A WETS table showing climate data for the Ukiah Municipal Airport, CA, Station is provided in Appendix F (NOAA 2021). Aerial photography and the National Wetland Inventory Mapper were referenced before conducting fieldwork (Appendix A, Figure 5) (NWI 2021). The FEMA flood hazard map is also included in Appendix A, Figure 6 (FEMA 2021). Wetland hydrology indicators, such as drainage patterns, material deposits, soil saturation, high water table, or surface water presence, were recorded in the field.
4. Results
Weather conditions during field visit were clear and sunny (zero inches of precipitation recorded within the previous month). The PSB contains eight, three-parameter wetlands that are likely USACE and RWQCB jurisdictional and three seasonal watercourses that are likely jurisdictional Other Waters. Upland sampling points were also described within areas of planned disturbance to confirm and document the absence of wetland indicators in these areas. Appendix A, Figure 3 shows the results of the three-parameter wetland delineation, and Other Waters determination based upon OHWM. Summaries and potential jurisdictional status of each wetland or Other Water is presented in Table 3-1 below.
4.1 Wetlands
All three-parameter wetlands were observed on either side of the railroad as seasonal ditches, occasionally crossing underneath the railroad through a culvert. Summaries of each three-parameter wetland are provided below, and square footage is provided in Table 3-1. Please see the USACE Data Forms in Appendix B for more details.
4.1.1 Wetland 1
Wetland 1 was identified north of Baechtel Creek (Watercourse 2) in the northcentral portion of the PSB.
Wetland 1 consists of a vegetated three-parameter wetland ditch that was observed as hydrologically connected to Baechtel Creek and extends for approximately 450 feet along the east side of the railroad.
Wetland 1 was mapped to 2,162 ft2 (0.05 acres). See Appendix A, Figure 3-2 for the associated map.
Wetland 1 was open and mostly free of rooted woody vegetation and is classified according to the Cowardin system as a Palustrine Emergent wetland (PEM) (FGDC 2013). The vegetation was primarily characterized by pennyroyal (Mentha pulegium, OBL), and reed fescue (Festuca arundinacea, FAC), with smaller amounts of foothill sedge (Carex tumulicola, FACU), giant horsetail (Equisetum telmateia, FACW), tall-flatsedge (Cyperus eragrostis, FACW), and common velvetgrass (Holcus lanatus, FAC). Wetland 1 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 1 consisted of a 10YR 3/2 loam upper horizon (0-5 inches) with 1% of 7.5YR 3/4 redoximorphic features and a 10YR 3/2 loam lower horizon (5-14 inches) with distinct 10% of 7.5YR 3/4 redoximorphic features. The hydric soil indicator is Redox Dark Surface (F6). Wetland 1 was dry but appeared to seasonally pond and drains to Baechtel Creek. Primary indicators of wetland hydrology were surface soil cracks (B6) and a sparsely vegetated concave surface (B8), and secondary indicators of wetland hydrology included geomorphic position (D2) and passing the vegetation FAC-neutral test (D5). Wetland 1 is hydrologically connected to a navigable waterway and is therefore assumed to be under USACE and GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 9 RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W1T1-W and W1T1-U in Appendix B and Table 3-2 for additional details.
4.1.2 Wetland 2
Wetland 2 was identified south of Baechtel Creek in the northcentral portion of the PSB. Wetland 2 consists of a vegetated three-parameter wetland ditch that was observed as hydrologically connected to Baechtel Creek and extends for approximately 1,200 feet along the west side of the railroad. The southern portion of Wetland 2 runs through the Valley Oak Sensitive Natural Community (See Botanical Memorandum, GHD 2021). Wetland 2 was mapped to 20,619 ft2 (0.47 acres). Photos are available in Appendix D, Photo 1 through 4. See Appendix A, Figure 3-2 for the associated map of Wetland 2.
The vegetation in Wetland 2 was primarily classified as a Palustrine Scrub-Shrub wetland (PSS), transitioning into Palustrine Emergent (PEM) in the center, and into Palustrine Forested (PFO1) in the southern portion of the wetland. Dominant vegetation included arroyo willow (FACW), Himalayan blackberry (FAC), common rush (Juncus patens, FACW), and tall fescue (FAC), with lesser amounts of valley oak (Quercus lobata, FACU), Oregon ash (Fraxinus latifolia, FACW), poison oak (Toxicodendron diversilobum, FAC), hawthorne (Crataegus monogyna, FAC), brown dogwood (Cornus glabrata, FACW), green dock (Rumex conglomeratus, FACW), wild teasel (Dipsacus fullonum, FAC), foxtail barley (Hordeum murinum, FAC), pennyroyal (OBL), Italian rye grass (Festuca perennis, FAC), and harding grass (Phalaris aquatica, FACU). Wetland 2 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 2 consisted of a very gravelly loam top horizon (0-3 inches) with a color of 10YR 3/2 and lower horizon (3-14 inches) consisting of mixed soils with loam and very gravelly loam, where 33% was loam with a color of 2.5Y 4/2 with 7% of 10YR 5/6 redoximorphic features, and 60% was a very gravelly loam with a color of 5YR 3/2. The top horizon contained mixed sedimentary deposits with organics and trash mixed in, and the lower horizon appeared depleted with redox and mixed sedimentary deposits. Soil observations included considerable mixing, deposition, and disturbance. The hydric soil indicator is Depleted Matrix (F3).
Wetland 2 was dry during the site visit but appeared to seasonally pond and drains to Baechtel Creek.
Secondary indicators of wetland hydrology at the site included water-stained leaves (B9) and geomorphic position (D2). Wetland 2 is hydrologically connected to a navigable waterway and is therefore assumed to be under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W2T1-W and W2T1-U in Appendix B and Table 3-2 for additional details.
4.1.3 Wetland 3
Wetland 3 was identified south of Baechtel Creek in the central portion of the PSB. Wetland 3 consists of vegetated three-parameter wetland ditch that was observed to be hydrologically connected to Baechtel Creek and extends for approximately 1,600 feet along the east side of the railroad before crossing underneath the railroad through a culvert and then extending along the west side of the railroad for approximately another 750 feet. The mid portion of Wetland 3 runs through the Valley Oak Sensitive Natural Community (See Botanical Memorandum, GHD 2021). Wetland 3 was mapped to 27,747 ft2 (0.64 acres). A photo is available in Appendix D, Photo 5. See Appendix A, Figure 3-2 and 3-3 for the associated maps.
The vegetation within Wetland 3 is classified according to the Cowardin classification system as a Palustrine Scrub-Shrub wetland (PSS) and is surrounded by Himalayan blackberry and coyote brush (Baccharis pilularis, UPL). Dominant vegetation included Himalayan blackberry (FAC), and pennyroyal (OBL), with lesser amounts of coyote brush (UPL), Oregon ash (FACW), willow herb (Epilobium densiflorum, FACW), redtop (Agrostis stolonifera, FAC), green dock (FACW), wild teasel (Dipsacus fullonum, FAC), annual beard GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 10 grass (Polypogon monspeliensis, FACW), and Italian rye grass (FAC). Wetland 3 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 3 consisted of 12 inches of 10YR 3/2 very gravelly loam with 5% of 7.5YR 3/4 redoximorphic features. There was a high organic content in the soil. The hydric soil indicator is Redox Dark Surface (F6).
Wetland 3 was dry during the site visit but appeared to seasonally pond and drain to Baechtel Creek. The primary indicators of wetland hydrology at the site were drift deposits (B3) and water-stained leaves (B9), and secondary indicators included drainage patterns (D2), geomorphic position (D2), and passing the vegetation FAC-neutral test (D5). Wetland 3 is hydrologically connected to a navigable waterway and is therefore assumed to be under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W3T1-W and W3T1-U in Appendix B and Table 3-2 for additional details.
4.1.4 Wetland 4
Wetland 4 was identified north of Haehl Creek (Watercourse 3) in the central portion of the PSB. Wetland 4 consists of a vegetated three-parameter wetland that extends for approximately 250 feet along the east side of the railroad. There appeared to be a trail through the wetland and several monitoring wells scattered throughout. Wetland 4 was likely originally connected to Wetland 5, but there appears to be a road prism that prevents hydrologic connectivity. Wetland 4 was mapped to 7,285 ft2 (0.17 acres). Photos are available in Appendix D, Photo 6 through 8. See Appendix A, Figure 3-3 for the associated map.
The vegetation within Wetland 4 is classified according to the Cowardin classification system as a Palustrine Emergent (PEM) in the center with Palustrine Scrub-Shrub wetland (PSS) along the edges. Dominant vegetation included Himalayan blackberry (FAC), and brown dogwood (FACW), and reed fescue (FAC), with lesser amounts of valley oak (FACU), poison oak (FAC), and redtop (FAC). Wetland 4 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 4 consisted of 0-2 inches of 10YR 2/2 clay loam with 2% of 7.5YR 4/6 redoximorphic features, and 2-12 inches of 10YR 2/2 clay loam with 8% of 7.5YR 4/6 redoximorphic features. The hydric soil indicator is Redox Dark Surface (F6). Wetland 4 was dry during the site visit but appears to seasonally pond. It is likely that Wetland 4 historically drained into what this report defines as Wetland 5, which is hydrologically connected to Haehl creek. The primary indicator of wetland hydrology at the site included surface soil cracks (B6) and secondary indicators included geomorphic position (D2) and passing the vegetation FAC-neutral test (D5). Wetland 4 is likely under USACE and RWQCB jurisdiction (Table 3-1), although not directly connected to adjacent wetlands, it is likely historically connected and may still be connected to a navigable water way via groundwater or other pathways outside of the PSB. Please see attached data forms for sample points W4T1-W and W4T1-U in Appendix B and Table 3-2 for additional details.
4.1.5 Wetland 5
Wetland 5 was identified north of Haehl Creek in the central portion of the PSB. Wetland 5 consists of a vegetated three-parameter wetland that extends for approximately 600 feet along the east side of the railroad before crossing underneath the railroad through an old, square cement culvert and then extending along the west side of the railroad for approximately another 400 feet. Wetland 5 was likely originally connected to Wetland 4, but the intersecting road prism prevents surface-level hydrologic connectivity. As it is mapped, Wetland 5 is hydrologically connected to Haehl Creek on the west side of the railroad, but it is likely that stormwater flow may make it hydrologically connected to Haehl creek on the east side of the railroad as well, following what appears to be a trail. Wetland 5 was mapped to 24,422 ft2 (0.56 acres). See Appendix A, Figure 3-3 for the associated map.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 11 Vegetation within Wetland 5 is classified according to the Cowardin classification system as Palustrine Emergent (PEM) and Palustrine Scrub-Shrub wetland (PSS). This area was primarily emergent in the center with shrubs growing along the edges. Dominant vegetation included Himalayan blackberry (FAC), coyote brush (UPL), and pennyroyal (OBL), with lesser amounts of curly dock (Rumex crispus, FAC), slender sedge (Carex gracilior, not rated), harding grass (FACU), common rush (FACW), and sharp point fluellin (Kickxia elatine, FAC). Wetland 5 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 5 consisted of 0-12 inches of 10YR 3/1 gravelly loam with 15% of 7.5YR 3/4 redoximorphic features. The hydric soil indicator is Redox Dark Surface (F6). Wetland 5 was dry during the site visit but appeared to seasonally pond and likely drains through the culvert underneath the railroad and drains to Haehl Creek. Field observations concluded that Wetland 5 likely flows seasonally. Primary indicators of wetland hydrology at the site included predominant surface soil cracks (B6) and water-stained leaves (B9), and secondary indicators included drainage patterns (B10), geomorphic position (D2) and passing the vegetation FAC-neutral test (D5). Wetland 5 is hydrologically connected to a navigable waterway and is therefore assumed to be under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W5T1-W and W5T1-U in Appendix B and Table 3-2 for additional details.
4.1.6 Wetland 6
Wetland 6 was identified south of Haehl Creek in the southern portion of the PSB. Wetland 6 consists of a partially vegetated three-parameter wetland that extends for approximately 830 feet along the east side of the railroad, following what appears to be a compacted trail that seasonally floods. Wetland 6 is very likely hydrologically connected to Haehl Creek to the north during rain events, as evidenced by stormwater pathways and topography. Wetland 6 was mapped to 6,473 ft2 (0.15 acres). A photo is available in Appendix D, Photo 9. See Appendix A, Figure 3-3 and 3-4 for the associated maps.
The vegetation within Wetland 6 is classified according to the Cowardin classification system as Palustrine Emergent (PEM) with shrubs along the edges. Dominant vegetation included Himalayan blackberry (FAC) and reed fescue (FAC), with lesser amounts of blue-eyed grass (later identified as Sisyrinchium bellum, FACW), slender juncus, (Juncus occidentalis, FACW), chicory (Cichorium intybus, FACU), pennyroyal (OBL), tall oatgrass (Arrhenatherum elatius, UPL), little rattlesnake grass (Briza minor, FAC), willow herb (FACW), bird’s foot trefoil (Lotus corniculatus, FAC), and valley oak (FACU). Wetland 6 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 6 consisted of 0-4 inches of 10YR 3/2 gravelly loam with 3% of 7.5YR 4/6 redoximorphic features, and 4-12 inches of 10YR 3/2 loam with 10% of 7.5YR 4/6 redoximorphic features. The hydric soil indicator is Redox Dark Surface (F6). Wetland 6 was dry during the site visit but appeared to seasonally pond and move through the culvert underneath the railroad and drain to Haehl Creek. The primary indicator of wetland hydrology at the site included predominant surface soil cracks (B6) and the secondary indicator included geomorphic position (D2). Wetland 6 is likely hydrologically connected to a navigable waterway and is therefore likely under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W6T1-W and W6T1-U in Appendix B and Table 3-2 for additional details.
4.1.7 Wetland 7
Wetland 7 was identified south of Haehl Creek in the southern portion of the PSB. Wetland 7 consists of a vegetated three-parameter wetland that extends for approximately 1,200 feet along the west side of the railroad, following what appears to be a ditch that seasonally floods. Wetland 7 is very likely hydrologically connected to Haehl Creek to the north during rain events as evidenced by stormwater pathways and GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 12 topography. Wetland 7 was mapped to 13,878 ft2 (0.32 acres). Photos are available in Appendix D, Photo 10 through 12. See Appendix A, Figure 3-3 and 3-4 for the associated maps.
The vegetation within Wetland 7 is primarily classified according to the Cowardin classification system as Palustrine Scrub-Shrub wetland (PSS) with some patches of as Palustrine Emergent (PEM) in the wider locations. Dominant vegetation included Himalayan blackberry (FAC) and common rush (FACW), with lesser amounts of poison oak (FAC), pennyroyal (OBL), soft rush (Juncus effusus, FACW), and green dock (FACW). Wetland 7 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 7 consisted of 0-10 inches of 10YR 3/2 loam with 5% of 7.5YR 3/4 redoximorphic features.
The hydric soil indicator is Redox Dark Surface (F6). Wetland 7 was dry during the site visit but appeared to seasonally pond and drains to Haehl Creek. The primary indicator of wetland hydrology at the site included drift deposits (B3) and the secondary indicators included geomorphic position (D2) and passing the vegetation FAC-neutral test (D5). Wetland 7 is likely hydrologically connected to a navigable waterway and is therefore likely under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W7T1-W and W7T1-U in Appendix B and Table 3-2 for additional details.
4.1.8 Wetland 8
Wetland 8 was identified in the southern most portion of the PSB. Wetland 8 consists of a vegetated threeparameter wetland that extends for approximately 800 feet along the east side of the railroad, following what appears to be a trail that seasonally floods, and is connected to the west side of the rail through a culvert where Wetland 8 extends for approximately 250 feet along the west side of the rail. Wetland 8 is hydrologically connected during rain events to an unnamed ephemeral tributary that begins within the edge of the PSB and flows in a northeasterly direction outside of the PSB. Wetland 8 was mapped to 16,408 ft2 (0.38 acres). Photos are available in Appendix D, Photo 13. See Appendix A, Figure 3-4 for the associated map.
The vegetation within Wetland 8 is classified according to the Cowardin classification system as Palustrine Emergent (PEM) and is surrounded by the Valley Oak Sensitive Natural Community (See Botanical Memorandum, GHD 2021). Dominant vegetation included valley oak (UPL), redtop (FAC), reed fescue (FAC), with lesser amounts of Himalayan blackberry (FAC) and harding grass (FACU). Wetland 8 passed the dominance test for hydrophytic vegetation.
Soil in Wetland 8 consisted of 0-5 inches of 10YR 3/2 gravelly loam with 2% of 7.5YR 3/4 redoximorphic features, and 5-12 inches of 10YR 3/2 loam with 5% of 7.5YR 3/4 redoximorphic features. The hydric soil indicator is Redox Dark Surface (F6). Wetland 8 was marginally wet during the site visit, was somewhat saturated in the area nearest to the ephemeral tributary. Wetland 8 appeared to seasonally pond and drains to the unnamed ephemeral tributary which runs northeast outside of the PSB. The unnamed ephemeral tributary eventually connects with Haehl Creek outside of the PSB (Appendix A, Figure 5). The primary indicator of wetland hydrology at the site included predominant surface soil cracks (B6) and the secondary indicator was geomorphic position (D2). Wetland 8 is likely hydrologically connected to an ephemeral stream which is connected to a navigable waterway and is therefore likely under USACE and RWQCB jurisdiction (Table 3-1). Please see attached data forms for sample points W8T1-W and W8T1-U in Appendix B and Table 3-2 for additional details.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 13
4.2 Other Waters of the U.S. and/or State
4.2.1 Broaddus Creek
Broaddus Creek is mapped in Appendix A, Figure 3-1 and photos are available in Appendix D, Photo 14 through 16. A small portion of Broaddus Creek runs through the northern most extent of the PSB, where it passes under a bridge beneath the railroad. Broaddus Creek flows for approximately 500 feet through the PSB from west to east and OHWM was mapped with a GPS in the field to define the edges of the Creek based on slope-break and vegetation indicators to mark the extent of waters within the PSB. A total of 7,758 ft2 (0.18 acres) of Other Waters below the OHWM within Broaddus Creek were observed within the PSB, and this may be classified according to the Cowardin system as Riverine Intermittent Stream Bed with cobble-gravel (R4SB3). Broaddus Creek flows into Davis Creek, to Outlet Creek, and ultimately to the Eel River, and therefore is assumed to be under the jurisdiction of the USACE and RWQCB (Table 3-1). The riparian area around Broaddus Creek did not contain hydrophytic vegetation. The Broaddus Creek riparian area is discussed in the Botanical Memo (GHD 2021).
4.2.2 Baechtel Creek
Baechtel Creek is mapped in Appendix A, Figure 3-2 and photos are available in Appendix D, Photo 17 through 19. A small portion of Baechtel Creek runs through the northcentral extent of the PSB, where it passes under a bridge beneath the railroad. Baechtel Creek flows for approximately 150 feet across the PSB from west to east and the OHWM was mapped with a GPS in the field to define the edges of the Creek based on slope-break and vegetation indicators to mark the extent of waters within the PSB. A total of 3,901 ft2 (0.09 acres) of Other Waters below the OHWM within Baechtel Creek were observed within the PSB, and this may be classified according to the Cowardin system as Riverine Intermittent Stream Bed with cobblegravel (R4SB3). Baechtel Creek flows into Davis Creek, to Outlet Creek, and ultimately to the Eel River, and therefore is assumed to be under the jurisdiction of the USACE and RWQCB (Table 3-1). The riparian area around Baechtel Creek did not contain additional wetlands aside from the wetlands that were hydrologically connected to it (W1, W2, W3). The Baechtel Creek riparian area is discussed in the Botanical Memo (GHD 2021).
4.2.3 Haehl Creek
Haehl Creek is mapped in Appendix A Figure 3-3 and photos are available in Appendix D, Photo 20 and
21. A small portion of Haehl Creek runs through the southcentral extent of the PSB, where it passes under a bridge beneath the railroad. Haehl Creek flows for approximately 110 feet across the PSB from west to east and OHWM was mapped with a GPS in the field to define the edges of the creek based on slope-break and vegetation indicators to mark the extent of waters within the PSB. A total of 2,202 ft2 (0.05 acres) of Other Waters below the OHWM within Haehl Creek were observed within the PSB, and this may be classified according to the Cowardin system as Riverine Intermittent Stream Bed with cobble-gravel (R4SB3). Haehl Creek flows into Davis Creek, to Outlet Creek, and ultimately to the Eel River, and therefore is assumed to be under the jurisdiction of the USACE and RWQCB (Table 3-1). The riparian area around Haehl Creek did not contain additional wetlands aside from the wetlands that were hydrologically connected to it (W5, likely W6 and W7). The Haehl Creek riparian area is discussed in the Botanical Memo (GHD 2021).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 14 Table 4.1 Wetlands and Other Waters within the PSB
Wetland or Other Water Name Location (lat/long)
center of feature
Size of Wetland or Other
Water (ft2)
Likely Jurisdictional?
USACE RWQCB
Wetland 1 (39.40531603, -123.3475256) 2,162 Yes Yes
Wetland 2 (39.40311452, -123.3463592) 20,619 Yes Yes
Wetland 3 (39.40161256, -123.3452053) 27,747 Yes Yes
Wetland 4 (39.39901266, -123.3434175) 7,285 Yes Yes
Wetland 5 (39.39757442, -123.3425526) 24,422 Yes Yes
Wetland 6 (39.39518215, -123.3409271) 6,473 Yes Yes
Wetland 7 (39.3943902, -123.3406364) 13,878 Yes Yes
Wetland 8 (39.3928101, -123.3393926) 16,408 Yes Yes
Broaddus Creek (39.41058321, -123.3504502) 7,758 Yes Yes Baechtel Creek (39.40464833, -123.3472472) 3,901 Yes Yes Haehl Creek (39.39640982, -123.3417807) 2,202 Yes Yes
Total Wetlands and Other Waters in the PSB 132,855 ft2 (3.05 acres) Table 4.2 Wetland Transect Sampling Locations
Sample Point Location (lat/long)
center of transect
W1T1 / U1T1 (39.40500754, -123.3473555)
W2T1 / U2T1 (39.40242629, -123.345835)
W3T1 / U3T1 (39.40061214, -123.3446326)
W4T1 / U4T1 (39.39887872, -123.3433293)
W5T1 / U5T1 (39.39729803, -123.3425263)
W6T1 / U6T1 (39.39504183, -123.3408481)
W7T1 / U7T1 (39.39544803, -123.3413218)
W8T1 / U8T1 (39.39225422, -123.3390267)
4.3 Upland Sampling Points
Upland sampling points were also collected to characterize areas that are likely to be affected by the Project.
No wetlands were detected within the areas characterized by the following upland points (Table 3.3).
4.3.1 Upland 1
The Upland 1 sample point was located in the northcentral portion of the PSB, just north of Wetland 1, and east of the railroad. This area was in a ditch with compacted soils and contained some wetland associated plants. However, there was no redoximorphic features and no associated hydrology indicators. The site was dominated by valley oak (FACU), Himalayan blackberry (FAC), common rush (FACW), and reed fescue (FAC) with lesser amounts of poison oak (FAC), common velvetgrass (FAC), redtop (FAC), slim oat (Avena barbata, UPL), and hairy vetch (Vicia villosa, UPL). Soils did not show hydric soil characteristics and GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 15 contained a gravelly loam with matrix color of 10YR 2/2 for a full 10 inches with no redoximorphic features.
There was compacted gravel, and the ditch was near the old railroad prism. The site did not show any primary or secondary indicators of wetland hydrology.
4.3.2 Upland 2
The Upland 2 sample point was located in the southern portion of the PSB, just north of Wetland 4, and east of the railroad. This area was in a low spot in a compacted trail and contained some wetland associated plants. However, there was no redoximorphic features. The site was dominated by Himalayan blackberry (FAC), redtop (FAC), common rush (FACW), and reed fescue (FAC) with lesser amounts of valley oak (FACU), bird's foot trefoil (FAC), ribwort (Plantago lanceolata, FACU), and softchess (Bromus hordeaceus, FACU). While the site did contain one secondary hydrology indicator (geomorphic position (D2) being in a depression, soils did not show hydric soil characteristics and contained a loam with matrix color of 10YR 3/2 for a full 12 inches with no redoximorphic features. There was compacted gravel, and the ditch was near the old railroad prism. The site did not show any primary indicators of wetland hydrology.
4.3.3 Upland 3
The Upland 3 sample point was located in the southern portion of the PSB, just north of Wetland 7, and west of the railroad. This area was in a ditch and contained some wetland associated plants and is likely in an area where Wetland 7 drains to Haehl Creek. However, there was no redoximorphic features and the ditch does not appear to hold water for a sufficient amount of time at this location. The site was dominated by California black oak (Quercus kelloggii, UPL), Himalayan blackberry (FAC), and a lesser amount of poison oak (FAC). While the site did contain one secondary hydrology indicator (geomorphic position (D2), soils did not show hydric soil characteristics and contained a very cobbly gravelly loam with matrix color of 10YR 3/2 for a full 12 inches with no redox. The site did not show any primary indicators of wetland hydrology.
Table 4.3 Upland Sampling Point Locations
Upland Sampling Point Name Location (Lat/Long)
Upland 1 (Up1) 39.40612301, -123.3416725
Upland 2 (Up2) 39.39934004, -123.3436562
Upland 3 (Up3) 39.39593403, -123.3416725
5. Conclusions
The aquatic resources delineation for the Willits Rail with Trail Project, completed on July 6th through 8th, 2021, determined the extent of three-parameter wetlands and Other Waters within the PSB based on hydrophytic vegetation, hydric soils, and wetland hydrology using methods and indicators outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys and Coast Region (Version 2.0) (USACE 2010). Three intermittent creeks (jurisdictional Other Waters) were observed running within the PSB: Broaddus Creek, Baechtel Creek, and Haehl Creek. The total area of these Other Waters mapped within the PSB is 13,861 ft2 (0.32 acres). The total area of three-parameter wetlands mapped within the PSB is 118,994 ft2 (2.7 acres), and due to their hydrological connections with the Other Waters, are likely considered USACE and RWQCB jurisdictional. The total area of all threeparameter wetlands and Other Waters encompasses 132,855 ft2 or 3.05 acres, or 12% of the PSB. Data GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 16 forms are attached showing sample plot data collected in transects across wetland boundaries and additional upland sampling points (Appendix B).
6. Special Terms and Conditions
6.1 Purpose of this Report
GHD prepared this report for the City, and the City may only use and rely on this report for the purpose agreed upon between GHD and the City, as set out in the scope and contract for work effort reported herein.
GHD Inc. is not liable for any action arising out of the reliance of any third party on the information contained within this report. GHD otherwise disclaims responsibility to any entity other than the City arising in connection with this report. GHD also excludes implied warranties and conditions, to the extent legally permissible.
6.2 Scope and Limitations
This report does not authorize any individuals to develop, fill, or alter the delineated wetlands. Verification of the delineation by jurisdictional agencies is necessary prior to the use of this report for planning and development purposes. A USACE, agency-stamped, delineation map, and a jurisdictional approval letter are required to signify confirmation of delineation results. In situations where a field investigation determines that no jurisdictional wetlands occur, jurisdictional concurrence with these findings is recommended.
The delineation conclusions were based on the information available during the period of the investigation, which took place on July 6th-8th 2021.
The opinions, conclusions, and any recommendations in this report are based on conditions encountered and information reviewed by the date of preparation of the report. Site conditions may change after the date of this report. GHD does not accept responsibility arising from, or in connection with, any change to the site conditions. GHD is also not responsible for updating this report if the site conditions change unless contracted to do so.
The services undertaken by GHD in connection with preparing this report were limited to those specifically detailed in the report and are subject to the scope limitations set out in the report.
The opinions, conclusions, and any recommendations in this report are based on the information obtained from and testing undertaken at or in connection with specific sample points. Conditions at other locations of the site may be different from the conditions found at the specific sample points.
7. References
Baldwin, B. D. 2012. The Jepson Manual, Second Edition. University of California Press. Berkeley, CA.
Caltrans. 2020, California Manual on Uniform Traffic Control Devices (CA MUTCD) 2014 Edition Revision 5.
COLOR, M., 2000. Munsell Soil Color Charts. Year 2000 revised washable edition.
Federal Emergency Management Agency (FEMA). 2021. FEMA Flood Map Service Center. Accessed February 2021. https://msc.fema.gov/portal/home
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 17 Federal Geographic Data Committee (FGDC). 2013. Classification of Wetlands and Deepwater Habitats of the United States. Second Edition. Wetlands Subcommittee, Federal Geographic Data Committee and U.S. Fish and Wildlife Service, Washington, DC. http://fws.gov/wetlands/Documents/Wetlandsand-Deepwater-Habitats-Classification-chart.pdf GHD. 2021. Technical Memorandum: Willits Rail Trail Project Complete Botanical Surveys and Habitat Assessment. September 23, 2021.
Lichvar et al. 2018. The National Wetland Plant List: 2018 wetland ratings. United States Army Corps of Engineers. http://acwc.sdp.sirsi.net/client/search/asset:asset?t:ac=$N/1012381.
NOAA Regional Climate Centers. 2021. AgCIS. Accessed October 2021. http://agacis.rcc-acis.org/ NRCS, Natural Resources Conservation Service. 2021. Web Soil Survey. Accessed April 2021. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx.
NWI, National Wetlands Inventory. 2021. National Wetlands Inventory mapper. Accessed February 2021. https://www.fws.gov/wetlands/data/Mapper.html.
SWRCB, State Water Resources Control Board. 2019. "Procedures for Discharges of Dredged or Fill Material to Waters of the State." Procedures, Sacramento, CA. https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/procedures_conformed.pdf.
SWRCB, State Water Resources Control Board. 2020. Draft Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. Guidance, Sacramento, CA: State Water Resources Control Board.
https://www.waterboards.ca.gov/water_issues/programs/cwa401/docs/guidance_02142020.pdf.
USACE. 1987. Wetlands Delineation Manual, Tech. Rep 4-87-1. Waterways Experiment Station, United States Department of the Army Corps of Engineers (USACE).
USACE. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U.S. Army Corps of Engineers.
USDA/NRCS. 2018. Field Indicators of Hydric Soils in the United States, Version 8.2. L.M. Vasilas, G.W.
Hurt, and J.F. Berkowitz (eds). United States Department of Agriculture (USDA) and Natural Resources Conservation Service (NRCS) in cooperation with the National Technical Committee for Hydric Soils.
8. Report Preparers
8.1 Client
City of Willits, 111 E. Commercial Street, Willits, CA 95490 USA
8.2 GHD
Rose E. Dana, Botanist, [email protected], 707-267-2220 Kelsey McDonald, Plant Ecologist, [email protected], 707-443-8326 Kerry McNamee, Environmental Planner, [email protected], 707-267-2207 Misha Schwarz, Project Director, [email protected], 707-267-2259 GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix A
Figures
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Data source: transportation: USGS The National Map: National Transportation Dataset; U.S. Census Bureau – TIGER/Line; U.S. Forest Service. Data Refreshed January, 2022.; World Topographic Map - labelless: Esri, HERE, Garmin, FAO, NOAA, USGS, Bureau of Land Management, EPA, NPS; World Topographic Map - labelless: Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA; World Hillshade: Esri, NASA, NGA, USGS, FEMA; World Hillshade: Esri, CGIAR, USGS. Created by: ethompson3 \\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_001_Vicinity Print date: 10 Jan 2022 - 09:42
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Aquatic Resources
Delineation Map
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Willits Rail Trail Project
City of Willits
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Broaddus Creek
Broaddus Creek
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Zone Type
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Regulatory
Floodway
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FIGURE 6-1
Date 1/11/2022
Revision No. -
Project No. 11230579
FEMA
Willits Rail Trail Project
City of Willits
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Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
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Baechtel Creek
Baechtel Creek
Legend
Flood Hazard Zones
Zone Type
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Regulatory
Floodway
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FIGURE 6-2
Date 1/11/2022
Revision No. -
Project No. 11230579
FEMA
Willits Rail Trail Project
City of Willits
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Haehl Creek
Haehl Creek
Legend
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Zone Type
1% Annual Chance
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Stream
FIGURE 6-3
Date 1/11/2022
Revision No. -
Project No. 11230579
FEMA
Willits Rail Trail Project
City of Willits
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Legend
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FIGURE 6-4
Date 1/11/2022
Revision No. -
Project No. 11230579
FEMA
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_16_FEMA Data source: World Imagery: Maxar. Created by: ethompson3 Print date: 11 Jan 2022 - 11:50
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix B
Data Sheets
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix C
On-site Plant List
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 21 Appendix C – On-site Plant List
Scientific Name Common Name Status Family WMVC
Acer macrophyllum Bigleaf maple native Sapindaceae FACU Acmispon americanus American bird's foot trefoil native Fabaceae FACU Agrostis stolonifera Redtop invasive nonnative Poaceae FAC Alisma lanceolatum Water plantain non-native Alismataceae OBL Allium triquetrum White flowered onion non-native Alliaceae UPL Alnus rhombifolia White alder native Betulaceae FACW
Alnus rubra Red alder native Betulaceae FAC
Anthriscus caucalis Bur chevril non-native Apiaceae UPL Apocynum cf. cannabinum Indian hemp native Apocynaceae FAC Arbutus menziesii Madrono native Ericaceae UPL
Arctostaphylos manzanita Common manzanita native Ericaceae UPL Arrhenatherum elatius Tall oatgrass non-native Poaceae UPL Artemisia douglasiana California mugwort native Asteraceae FACW Avena barbata Slim oat invasive nonnative Poaceae UPL
Baccharis pilularis Coyote brush native Asteraceae UPL
Barbarea vulgaris Yellow rocket non-native Brassicaceae FAC Beckmannia syzigachne American sloughgrass native Poaceae OBL Brassica nigra Black mustard invasive nonnative Brassicaceae UPL Briza maxima Rattlesnake grass invasive nonnative Poaceae UPL Briza minor Little rattlesnake grass non-native Poaceae FAC Bromus diandrus Ripgut brome invasive nonnative Poaceae UPL Bromus hordeaceus Soft chess invasive nonnative Poaceae FACU Buddleja davidii Butterfly bush invasive nonnative Scrophulariaceae FACU Calocedrus decurrens Incense cedar native Cupressaceae UPL Carduus pycnocephalus Italian thistle invasive nonnative Asteraceae UPL Carex cusickii Cusick's sedge native Cyperaceae OBL
Carex gracilior Slender sedge native Cyperaceae Not rated Carex nudata Torrent sedge native Cyperaceae OBL
Carex tumulicola Split awn sedge native Cyperaceae FACU Celtis australis European nettle tree non-native Cannabaceae UPL GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 22 Scientific Name Common Name Status Family WMVC
Centaurea solstitialis Yellow starthistle invasive nonnative Asteraceae UPL Centaurium erythraea European centaury non-native Gentianaceae FAC Cerastium glomeratum Large mouse ears non-native Caryophyllaceae FACU Chlorogalum pomeridianum Amole native Agavaceae UPL
Cichorium intybus Chicory non-native Asteraceae FACU
Cirsium vulgare Bullthistle invasive nonnative Asteraceae FACU Claytonia perfoliata Miner's lettuce native Montiaceae FAC Conium maculatum Poison hemlock invasive nonnative Apiaceae FAC Convolvulus arvensis Field bindweed non-native Convolvulaceae UPL Cornus glabrata Brown dogwood native Cornaceae FACW
Cornus sericea American dogwood native Cornaceae FACW
Cotinus coggygria Smoke tree non-native Anacardiaceae UPL Crassula tillaea Mossy stonecrop non-native Crassulaceae FAC Crataegus monogyna Hawthorn invasive nonnative Rosaceae FAC Cynosurus echinatus Dogtail grass invasive nonnative Poaceae UPL Cyperus eragrostis Tall-flatsedge native Cyperaceae FACW Cytisus scoparius Scotch broom invasive nonnative Fabaceae UPL Dactylis glomerata Orchardgrass invasive nonnative Poaceae FACU Danthonia californica California oatgrass native Poaceae FAC Daucus carota Carrot non-native Apiaceae FACU
Dipsacus fullonum Wild teasel invasive nonnative Dipsacaceae FAC Eleocharis sp. Cyperaceae UNK
Elymus caput-medusae Medusa head invasive nonnative Poaceae UPL Elymus triticoides Beardless wild rye native Poaceae UPL Epilobium brachycarpum Willow herb native Onagraceae FAC Epilobium ciliatum Slender willow herb native Onagraceae FACW Epilobium densiflorum Willow herb native Onagraceae FACW Equisetum telmateia Giant horsetail native Equisetaceae FACW Erodium botrys Big heron bill non-native Geraniaceae FACU Erodium cicutarium Coastal heron's bill invasive nonnative Geraniaceae UPL Eschscholzia californica California poppy native Papaveraceae UPL GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 23 Scientific Name Common Name Status Family WMVC
Festuca arundinacea Reed fescue invasive nonnative Poaceae UPL Festuca bromoides Brome fescue non-native Poaceae UPL
Festuca myuros Rat’s tail fescue Invasive nonnative Poaceae FACU Festuca perennis Italian rye grass invasive nonnative Poaceae FAC Foeniculum vulgare Fennel invasive nonnative Apiaceae UPL Fraxinus latifolia Oregon ash native Oleaceae FACW
Galium aparine Cleavers native Rubiaceae FACU
Genista monspessulana French broom invasive nonnative Fabaceae UPL Geranium dissectum Wild geranium invasive nonnative Geraniaceae UPL Hedera helix English ivy invasive nonnative Araliaceae FACU Heracleum maximum Common cowparsnip native Apiaceae FAC Heteromeles arbutifolia Toyon native Rosaceae UPL
Hirschfeldia incana Mustard invasive nonnative Brassicaceae UPL Holcus lanatus Common velvetgrass Invasive nonnative Poaceae FAC Hordeum murinum Foxtail barley invasive nonnative Poaceae FAC Hyacinthoides sp. Asparagaceae UPL
Hypericum perforatum Klamathweed invasive nonnative Ericaceae FACU Juglans hindsii Northern california black
walnut rare, native Juglandaceae UPL
Juncus bufonius Common toad rush native Juncaceae FACW
Juncus effusus Soft rush native Juncaceae FACW
Juncus occidentalis Slender juncus native Juncaceae FACW Juncus patens Common rush native Juncaceae FACW
Juncus xiphioides Iris leaved rush native Juncaceae OBL Kickxia elatine Sharp point fluellin non-native Plantaginaceae FAC Lactuca serriola Prickly lettuce non-native Asteraceae FACU Lamium purpureum Purple dead nettle non-native Lamiaceae UPL Lathyrus latifolius Sweet pea non-native Fabaceae UPL
Lotus corniculatus Bird's foot trefoil non-native Fabaceae FAC Lupinus bicolor Lupine native Fabaceae UPL
Lysimachia arvensis Scarlet pimpernel non-native Myrsinaceae FAC Madia gracilis Gumweed native Asteraceae UPL
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 24 Scientific Name Common Name Status Family WMVC
Malus pumila Paradise apple non-native Rosaceae UPL
Marah fabacea California man-root native Cucurbitaceae UPL Medicago polymorpha California burclover invasive nonnative Fabaceae FACU Melissa officinalis Lemon balm non-native Lamiaceae FACU Mentha pulegium Pennyroyal invasive nonnative Lamiaceae OBL Mentha spicata Spearmint non-native Lamiaceae FACW
Navarretia squarrosa Skunkweed native Polemoniaceae FACU Pentagramma triangularis Gold back fern native Pteridaceae UPL Phalaris aquatica Harding grass invasive nonnative Poaceae FACU Philadelphus sp. Wild mock orange native Hydrangeaceae UPL Physocarpus capitatus Ninebark native Rosaceae FACW
Picea sitchensis Sitka spruce native Pinaceae FAC
Plantago erecta California plantain native Plantaginaceae UPL Plantago lanceolata Ribwort invasive nonnative Plantaginaceae FACU Pleuropogon hooverianus North coast semaphore
grass native, rare Poaceae FACW
Poa pratensis Kentucky blue grass invasive nonnative Poaceae FAC Polycarpon tetraphyllum Four leaved allseed non-native Caryophyllaceae UPL Polygonum aviculare Prostrate knotweed non-native Polygonaceae FAC Polypogon monspeliensis Annual beard grass invasive nonnative Poaceae FACW Polystichum munitum Western sword fern native Dryopteridaceae FACU Populus fremontii ssp.
fremontii Fremont cottonwood native Salicaceae FAC
Populus trichocarpa Black cottonwood native Salicaceae FAC Prunella vulgaris Self heal native Lamiaceae FACU
Prunus cerasifera Cherry plum invasive nonnative Rosaceae UPL Prunus subcordata Sierra plum native Rosaceae UPL
Pseudognaphalium
beneolens Cudweed native Asteraceae UPL
Pseudotsuga menziesii Douglas fir native Pinaceae FACU
Quercus kelloggii California black oak native Fagaceae UPL Quercus lobata Valley oak native Fagaceae FACU
Ramalina menziesii Lace lichen native Ramalinaceae UPL
Raphanus sativus Jointed charlock invasive nonnative Brassicaceae UPL GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 25 Scientific Name Common Name Status Family WMVC
Robinia pseudoacacia Black locust invasive nonnative Fabaceae FACU Rosa pisocarpa Cluster rose native Rosaceae FAC
Rosa rubiginosa Sweet brier non-native Rosaceae UPL
Rubus armeniacus Himalayan blackberry invasive nonnative Rosaceae FAC Rubus laciniatus Cut leaved blackberry non-native Rosaceae FACU Rumex conglomeratus Green dock non-native Polygonaceae FACW Rumex crispus Curly dock invasive nonnative Polygonaceae FAC Salix alba White willow non-native Salicaceae FACW
Salix babylonica Weeping willow non-native Salicaceae FACW Salix lasiandra Pacific willow native Salicaceae FACW
Salix lasiolepis Arroyo willow native Salicaceae FACW
Sambucus nigra Black elderberry native Adoxaceae FAC
Sambucus nigra Black elderberry native Adoxaceae FAC
Senecio vulgaris Common groundsel non-native Asteraceae FACU Sequoia sempervirens Coast redwood native Cupressaceae UPL Sisyrinchium bellum Blue eyed grass native Iridaceae FACW Sonchus asper Spiny sowthistle non-native Asteraceae FACU Spergularia rubra Purple sand spurry non-native Caryophyllaceae FAC Symphoricarpos albus Common snowberry native Caprifoliaceae FACU Taraxia ovata Sun cups native Onagraceae UPL
Tellima grandiflora Fringe cups native Saxifragaceae FACU Toxicodendron diversilobum Poison oak native Anacardiaceae FAC Tragopogon porrifolius Salsify non-native Asteraceae UPL Tribulus terrestris Puncture vine invasive nonnative Zygophyllaceae UPL Trifolium microcephalum Small head clover native Fabaceae FAC Trifolium subterraneum Subterranean clover non-native Fabaceae UPL Typha latifolia Broadleaf cattail native Typhaceae OBL
Ulmus americana American elm non-native Ulmaceae FAC
Umbellularia californica California bay native Lauraceae FAC Verbascum thapsus Woolly mullein invasive nonnative Scrophulariaceae FACU Veronica americana American brooklime native Plantaginaceae OBL Vicia sativa Spring vetch non-native Fabaceae UPL
Vicia villosa Hairy vetch non-native Fabaceae UPL
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 26 Scientific Name Common Name Status Family WMVC
Vinca major Vinca invasive nonnative Apocynaceae UPL
Wyethia angustifolia Narrow leaved mule ears native Asteraceae FACU GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix D
Site Photographs
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 28 Photo 1. Wetland 2 is in the ditch adjacent to the trail that runs along the west side of the railroad.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 29 Photo 2. In some areas, Wetland 2 is classified according to the Cowardin classification system as a Palustrine ScrubShrub wetland (PSS).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 30 Photo 3. Soil present in the photo is from the soil pit in Wetland 2, the lower horizon (3-14 inches) had a matrix of mixed with loam and very gravelly loam, where 33% was loam with a color of 2.5Y 4/2 containing 7% of 10YR 5/6 redoximorphic features, and 60% was very gravelly loam with a color of 5YR 3/2. The soil above is an example of the loam with a color of 2.5Y 4/2 containing 7% of 10YR 5/6 redoximorphic features.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 31 Photo 4. Soil present in the photo is from the soil pit in Wetland 2, the lower horizon (3-14 inches) had a matrix of mixed with loam and very gravelly loam, where 33% was loam with a color of 2.5Y 4/2 containing 7% of 10YR 5/6 redoximorphic features, and 60% was very gravelly loam with a color of 5YR 3/2. The soil above is an example of the very gravelly loam with a color of 5YR 3/2.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 32 Photo 5. Wetland 3 is classified according as Palustrine Scrub-Shrub wetland (PSS).
Photo 6. Wetland 4 is classified as a Palustrine Emergent (PEM) in the center with Palustrine Scrub-Shrub wetland (PSS) along the edges.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 33 Photo 7. Wetland 4 is classified as a Palustrine Emergent (PEM) in the center with Palustrine Scrub-Shrub wetland (PSS) along the edges.
Photo 8. Wetland 4 appeared to have a trail through the wetland and several monitoring wells scattered throughout.
Surface cracks were visible in the trail.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 34 Photo 9. Wetland 6 is classified according to the Cowardian classification system as Palustrine Emergent (PEM).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 35 Photo 10. Wetland 7 is classified according to the Cowardian classification system as Palustrine Scrub-Shrub wetland (PSS).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 36 Photo 11. A trail running through Wetland 7 that likely hydrologically feeds to Haehl Creek.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 37 Photo 12. A patch of Palustrine Emergent (PEM) within Wetland 7.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 38 Photo 13. Wetland 8 is classified according to the Cowardian classification system as Palustrine Emergent (PEM) and is surrounded by the Valley Oak Sensitive Natural Community (See Botanical Memorandum, GHD 2021).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 39 Photo 14. Broaddus Creek passes under a bridge beneath the railroad within the PSB.
Photo 15. Broaddus Creek was intermittent with standing pools of water.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 40 Photo 16. Broaddus Creek is a tributary to Davis Creek, tributary to Outlet Creek, tributary to the Eel River, Photo 17. The seasonal Baechtel Creek is classified as Riverine Upper Perennial Stream Bed with cobble-gravel (R3SB3).
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 41 Photo 18. A bridge with the railroad passes over Baechtel Creek within the PSB.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 42 Photo 19. Part of the riparian zone of Baechtel Creek within the PSB.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report 43 Photo 20. Haehl Creek near the bridge that crosses over.
Photo 21. The large pool east of the railroad bridge on Haehl Creek.
GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix E
NRCS Custom Soil Resources Report
United States
Department of
Agriculture
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Mendocino County, Eastern
Part and Southwestern Part
of Trinity County, California
Willits Rail Trail
Natural
Resources
Conservation
Service
September 16, 2021
Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nrcs.usda.gov/wps/ portal/nrcs/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nrcs) or your NRCS State Soil Scientist (http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/contactus/? cid=nrcs142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
3 Contents
Preface....................................................................................................................2 How Soil Surveys Are Made..................................................................................5 Soil Map.................................................................................................................. 8 Soil Map................................................................................................................9 Legend................................................................................................................10 Map Unit Legend................................................................................................ 11 Map Unit Descriptions.........................................................................................11 Mendocino County, Eastern Part and Southwestern Part of Trinity County, California.....................................................................................13 115—Cole silty clay loam, 0 to 1 percent slopes, MLRA 14........................13 123—Feliz loam, 0 to 2 percent slopes.......................................................14 128—Gielow sandy loam, 0 to 5 percent slopes.........................................15 210—Urban land.........................................................................................17 References............................................................................................................19 4 How Soil Surveys Are Made
Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity.
Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA.
The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape.
Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries.
Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units).
Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 5 scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research.
The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas.
Soil scientists make many field observations in the process of producing a soil map.
The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil-landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil-landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded.
These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape.
Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties.
While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management.
Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil.
Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date.
After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and Custom Soil Resource Report
6 identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately.
Custom Soil Resource Report
7 Soil Map
The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 8 9
Custom Soil Resource Report
Soil Map
4360100 4360400 4360700 4361000 4361300 4361600 4361900 4362200 4362500 4362800 4360100 4360400 4360700 4361000 4361300 4361600 4361900 4362200 4362500 4362800 469300 469600 469900 470200 470500 470800 471100 471400 469300 469600 469900 470200 470500 470800 471100 471400 39° 24' 53'' N
123° 21' 25'' W
39° 24' 53'' N
123° 19' 55'' W
39° 23' 21'' N
123° 21' 25'' W
39° 23' 21'' N
123° 19' 55'' W
N
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 10N WGS84 0 500 1000 2000 3000
Feet
0 200 400 800 1200
Meters
Map Scale: 1:13,800 if printed on A portrait (8.5" x 11") sheet.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.
Soil Survey Area: Mendocino County, Eastern Part and
Southwestern Part of Trinity County, California
Survey Area Data: Version 15, Jun 1, 2020
Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.
Date(s) aerial images were photographed: May 5, 2019—Jun 3, 2019
The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.
Custom Soil Resource Report
10 Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 115 Cole silty clay loam, 0 to 1
percent slopes, MLRA 14
5.4 22.7%
123 Feliz loam, 0 to 2 percent
slopes
0.2 0.7%
128 Gielow sandy loam, 0 to 5
percent slopes
6.8 28.8%
210 Urban land 11.3 47.8%
Totals for Area of Interest 23.7 100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate Custom Soil Resource Report
11 pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha-Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example.
Custom Soil Resource Report
12 Mendocino County, Eastern Part and Southwestern Part of Trinity County, California
115—Cole silty clay loam, 0 to 1 percent slopes, MLRA 14 Map Unit Setting
National map unit symbol: 2xc90
Elevation: 120 to 1,730 feet
Mean annual precipitation: 37 to 58 inches
Mean annual air temperature: 55 to 60 degrees F
Frost-free period: 203 to 313 days
Farmland classification: Prime farmland if irrigated and drained Map Unit Composition
Cole and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Cole
Setting
Landform: Alluvial fans
Landform position (two-dimensional): Toeslope
Landform position (three-dimensional): Tread
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from sedimentary rock Typical profile
Ap - 0 to 8 inches: silty clay loam
Bt1 - 8 to 15 inches: silty clay loam
Bt2 - 15 to 27 inches: clay loam
Bt3 - 27 to 41 inches: loam
C - 41 to 60 inches: loam
Properties and qualities
Slope: 0 to 1 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Somewhat poorly drained
Runoff class: High
Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.60 in/hr)
Depth to water table: About 12 to 48 inches
Frequency of flooding: NoneRare
Frequency of ponding: Occasional
Maximum salinity: Nonsaline (0.2 to 0.5 mmhos/cm)
Available water supply, 0 to 60 inches: High (about 9.6 inches) Interpretive groups
Land capability classification (irrigated): 2w
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: C
Ecological site: R014XD100CA - Loamy Wet Bottomland (Annual Grass) - 1990 Hydric soil rating: No
Custom Soil Resource Report
13 Minor Components
Cole
Percent of map unit: 5 percent
Hydric soil rating: No
Unnamed
Percent of map unit: 5 percent
Landform: Depressions
Hydric soil rating: Yes
Clear lake
Percent of map unit: 5 percent
Landform: Basin floors
Hydric soil rating: Yes
123—Feliz loam, 0 to 2 percent slopes
Map Unit Setting
National map unit symbol: hgq7
Elevation: 400 to 1,500 feet
Mean annual precipitation: 32 to 50 inches
Mean annual air temperature: 54 to 59 degrees F
Frost-free period: 175 to 250 days
Farmland classification: Prime farmland if irrigated
Map Unit Composition
Feliz and similar soils: 85 percent
Minor components: 14 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Feliz
Setting
Landform: Alluvial fans
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Tread
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from sedimentary rock Typical profile
H1 - 0 to 7 inches: loam
H2 - 7 to 26 inches: loam
H3 - 26 to 62 inches: loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: Low
Custom Soil Resource Report
14 Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 10.7 inches) Interpretive groups
Land capability classification (irrigated): 1
Land capability classification (nonirrigated): 3c
Hydrologic Soil Group: B
Hydric soil rating: No
Minor Components
Cole
Percent of map unit: 3 percent
Hydric soil rating: No
Unnamed
Percent of map unit: 3 percent
Landform: Depressions
Hydric soil rating: Yes
Pinnobie
Percent of map unit: 3 percent
Hydric soil rating: No
Pinole
Percent of map unit: 2 percent
Hydric soil rating: No
Talmage
Percent of map unit: 1 percent
Hydric soil rating: No
Russian, loam
Percent of map unit: 1 percent
Hydric soil rating: No
Xerofluvents
Percent of map unit: 1 percent
Hydric soil rating: No
128—Gielow sandy loam, 0 to 5 percent slopes
Map Unit Setting
National map unit symbol: hgqd
Elevation: 500 to 1,750 feet
Mean annual precipitation: 44 inches
Mean annual air temperature: 54 to 57 degrees F
Frost-free period: 175 to 250 days
Farmland classification: Prime farmland if irrigated and drained Custom Soil Resource Report
15 Map Unit Composition
Gielow and similar soils: 85 percent
Minor components: 15 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Gielow
Setting
Landform: Alluvial flats, flood plains
Landform position (two-dimensional): Backslope
Landform position (three-dimensional): Tread, flat
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Alluvium derived from sedimentary rock Typical profile
H1 - 0 to 4 inches: sandy loam
H2 - 4 to 11 inches: loam
H3 - 11 to 60 inches: stratified sandy loam to sandy clay loam Properties and qualities
Slope: 0 to 5 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Somewhat poorly drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 1.98 in/hr)
Depth to water table: About 0 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 9.0 inches) Interpretive groups
Land capability classification (irrigated): 2w
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: B/D
Hydric soil rating: Yes
Minor Components
Cole
Percent of map unit: 3 percent
Hydric soil rating: No
Clear lake
Percent of map unit: 3 percent
Landform: Basin floors
Hydric soil rating: Yes
Feliz
Percent of map unit: 3 percent
Hydric soil rating: No
Unnamed
Percent of map unit: 2 percent
Hydric soil rating: No
Custom Soil Resource Report
16 Russian
Percent of map unit: 2 percent
Hydric soil rating: No
Talmage
Percent of map unit: 2 percent
Hydric soil rating: No
210—Urban land
Map Unit Setting
National map unit symbol: hgt1
Elevation: 500 to 1,400 feet
Mean annual precipitation: 35 to 55 inches
Mean annual air temperature: 54 to 57 degrees F
Frost-free period: 150 to 250 days
Farmland classification: Not prime farmland
Map Unit Composition
Urban land: 90 percent
Minor components: 10 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Minor Components
Unnamed
Percent of map unit: 2 percent
Landform: Depressions
Hydric soil rating: Yes
Xerofluvents
Percent of map unit: 2 percent
Landform: Flood plains
Hydric soil rating: Yes
Talmage
Percent of map unit: 1 percent
Hydric soil rating: No
Cole
Percent of map unit: 1 percent
Hydric soil rating: No
Feliz
Percent of map unit: 1 percent
Hydric soil rating: No
Pinole
Percent of map unit: 1 percent
Hydric soil rating: No
Custom Soil Resource Report
17 Pinnobie
Percent of map unit: 1 percent
Hydric soil rating: No
Yokayo
Percent of map unit: 1 percent
Hydric soil rating: No
Custom Soil Resource Report
18 References
American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition.
American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00.
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31.
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States.
National Research Council. 1995. Wetlands: Characteristics and boundaries.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/national/soils/?cid=nrcs142p2_054262
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/?cid=nrcs142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section.
United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1.
United States Department of Agriculture, Natural Resources Conservation Service.
National forestry manual. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/ home/?cid=nrcs142p2_053374
United States Department of Agriculture, Natural Resources Conservation Service.
National range and pasture handbook. http://www.nrcs.usda.gov/wps/portal/nrcs/ detail/national/landuse/rangepasture/?cid=stelprdb1043084 19 United States Department of Agriculture, Natural Resources Conservation Service.
National soil survey handbook, title 430-VI. http://www.nrcs.usda.gov/wps/portal/ nrcs/detail/soils/scientists/?cid=nrcs142p2_054242
United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nrcs142p2_053624
United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf Custom Soil Resource Report
20 GHD | City of Willits | 11230579 | Willits Rail with Trail - Aquatic Resources Delineation Report Appendix F
Record of Climatological Observations and
WETS Table
Climatological Data for UKIAH MUNICIPAL AP, CA - June 2021 Date Max Temperature Min Temperature Avg Temperature GDD Base 40 GDD Base 50 Precipitation Snowfall Snow Depth 2021-06-01 104 60 82.0 42 32 0.00 M M
2021-06-02 99 54 76.5 37 27 0.00 M M
2021-06-03 99 60 79.5 40 30 0.00 M M
2021-06-04 93 60 76.5 37 27 0.00 M M
2021-06-05 92 56 74.0 34 24 0.00 M M
2021-06-06 84 52 68.0 28 18 0.00 M M
2021-06-07 75 50 62.5 23 13 0.00 M M
2021-06-08 70 45 57.5 18 8 0.00 M M
2021-06-09 70 45 57.5 18 8 0.00 M M
2021-06-10 77 43 60.0 20 10 0.00 M M
2021-06-11 78 49 63.5 24 14 T M M
2021-06-12 86 59 72.5 33 23 0.00 M M
2021-06-13 84 60 72.0 32 22 0.00 M M
2021-06-14 78 58 68.0 28 18 T M M
2021-06-15 83 50 66.5 27 17 0.00 M M
2021-06-16 97 51 74.0 34 24 0.00 M M
2021-06-17 104 55 79.5 40 30 0.00 M M
2021-06-18 109 59 84.0 44 34 0.00 M M
2021-06-19 105 60 82.5 43 33 0.00 M M
2021-06-20 100 59 79.5 40 30 0.00 M M
2021-06-21 88 54 71.0 31 21 0.00 M M
2021-06-22 84 54 69.0 29 19 0.00 M M
2021-06-23 86 54 70.0 30 20 0.00 M M
2021-06-24 91 54 72.5 33 23 0.00 0.0 M
2021-06-25 98 56 77.0 37 27 0.00 M M
2021-06-26 108 58 83.0 43 33 0.00 0.0 M
2021-06-27 104 60 82.0 42 32 0.00 0.0 M
2021-06-28 97 60 78.5 39 29 0.00 0.0 M
2021-06-29 98 63 80.5 41 31 0.00 0.0 M
2021-06-30 100 63 81.5 42 32 0.00 0.0 M
Average|Sum 91.4 55.4 73.4 1009 709 T 0.0 M
Climatological Data for UKIAH MUNICIPAL AP, CA - July 2021 Date Max Temperature Min Temperature Avg Temperature GDD Base 40 GDD Base 50 Precipitation Snowfall Snow Depth 2021-07-01 97 58 77.5 38 28 0.00 M M
2021-07-02 98 58 78.0 38 28 0.00 M M
2021-07-03 98 55 76.5 37 27 0.00 M M
2021-07-04 97 56 76.5 37 27 0.00 M M
2021-07-05 98 55 76.5 37 27 0.00 M M
2021-07-06 97 54 75.5 36 26 0.00 M M
2021-07-07 101 53 77.0 37 27 0.00 M M
2021-07-08 105 57 81.0 41 31 0.00 M M
2021-07-09 108 60 84.0 44 34 0.00 M M
2021-07-10 111 63 87.0 47 37 0.00 M M
2021-07-11 109 61 85.0 45 35 0.00 M M
2021-07-12 105 57 81.0 41 31 0.00 0.0 M
2021-07-13 98 56 77.0 37 27 0.00 M M
2021-07-14 97 54 75.5 36 26 0.00 M M
2021-07-15 93 54 73.5 34 24 0.00 M M
2021-07-16 96 56 76.0 36 26 0.00 M M
2021-07-17 99 60 79.5 40 30 0.00 M M
2021-07-18 104 58 81.0 41 31 0.00 M M
2021-07-19 101 63 82.0 42 32 0.00 M M
2021-07-20 94 59 76.5 37 27 0.00 M M
2021-07-21 95 58 76.5 37 27 0.00 M M
2021-07-22 99 56 77.5 38 28 0.00 M M
2021-07-23 104 58 81.0 41 31 0.00 M M
2021-07-24 105 59 82.0 42 32 0.00 M M
2021-07-25 103 58 80.5 41 31 0.00 M M
2021-07-26 92 58 75.0 35 25 0.00 M M
2021-07-27 94 61 77.5 38 28 0.00 M M
2021-07-28 104 59 81.5 42 32 0.00 M M
2021-07-29 106 66 86.0 46 36 0.00 M M
2021-07-30 108 63 85.5 46 36 0.00 M M
2021-07-31 98 56 77.0 37 27 0.00 M M
Average|Sum 100.5 58.0 79.2 1224 914 0.00 0.0 M
WETS Table
WETS Station: UKIAH
MUNICIPAL AP, CA
Requested years: 1971 -
2021
Month Avg Max
Temp
Avg Min
Temp
Avg
Mean
Temp
Avg
Precip
30%
chance
precip less
than
30%
chance
precip
more than
Avg number
days precip
0.10 or more
Avg
Snowfall
Jan 58.2 36.7 47.5 5.50 2.34 6.69 8 -
Feb 61.2 37.7 49.4 5.34 2.70 6.39 7 -
Mar 64.7 40.2 52.5 4.62 2.31 5.65 8 -
Apr 69.3 42.6 56.0 2.34 0.94 2.84 4 -
May 78.3 47.5 62.9 0.91 0.20 0.83 2 -
Jun 86.4 52.7 69.6 0.25 0.00 0.12 1 -
Jul 94.5 56.2 75.4 0.01 0.00 0.00 0 -
Aug 93.1 54.9 74.0 0.01 0.00 0.00 0 -
Sep 88.6 50.7 69.7 0.17 0.05 0.16 1 -
Oct 78.0 45.0 61.5 1.79 0.48 1.80 3 -
Nov 64.2 39.5 51.9 3.44 2.15 4.16 6 -
Dec 56.5 36.4 46.4 7.55 2.99 9.16 10 -
Annual: 24.52 38.24
Average 74.4 45.0 59.7 - - - - -
Total - - - 31.93 52 -
GROWING SEASON DATES
Years with missing data: 24 deg = 30 28 deg =
31 32 deg =
31 Years with no occurrence: 24 deg = 11 28 deg =
0 32 deg =
0 Data years used: 24 deg = 21 28 deg =
20 32 deg =
20 Probability 24 F or
higher
28 F or
higher
32 F or
higher
50 percent * No
occurrence
2/4 to
12/6: 305
days
3/10 to
11/14:
249 days
70 percent * No
occurrence
1/28 to
12/14:
320 days
3/1 to
11/23:
267 days
* Percent chance of the
growing season occurring
between the Beginning and
Ending dates.
STATS TABLE - total
precipitation (inches)
Yr Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annl 1949 M0.
00 M0.
23 0.23
1950
1951
1952
1953
1954 1.05 T 0.71 T 0.
67 3.85 6.
26 12.
54 1955
1956
1957
1958
1959
1960
1961
1962 7.
07 7.07
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000 M0.00 MT M0.
23 M3.
39 M1.
75 1.
61 6.98
2001 5.61 8.72 3.23 1.05T 0.52 0.00 0.00 0.
21 0.
68 8.55 10.
22 38.
79 2002 3.38 2.53 2.13 0.85 0.88TT 0.00 0.
00 0.
00 4.39 20.
03 34.
19 2003 3.49 1.95 3.82 8.55 0.63 0.00 0.01T 0.
18 0.
10 3.93 12.
36 35.
02 2004 3.95 11.20 M1.20 0.52 0.06 0.02 0.00 0.00 0.
13 3.
74 1.83 10.
79 33.
44 2005 6.62 3.37 6.40 2.65 4.05 1.85 0.00 0.00 0.
04 0.
84 5.24 19.
25 50.
31 2006 6.97 4.56 11.15 7.63 0.40 0.02 0.00 MT 0.
00 0.
31 4.14 6.
00 41.
18 2007 0.45 8.51 0.51 2.11 0.60 0.00 0.12T 0.
06 2.
18 0.70 6.
65 21.
89 2008 12.58 4.75 1.07 0.38 0.00T 0.00 0.00 0.
37 1.
28 2.94 3.
37 26.
74 2009 0.74 8.65 3.18 0.47 2.49T 0.00 0.00 0.
01 2.
90 2.08 3.
33 23.
85 2010 13.84 4.10 5.23 6.89 2.35 0.14TT 0.
11 6.
86 3.19 9.
20 51.
91 2011 2.03 4.48 11.66 0.71 1.63 1.81 0.01
T 0.
01 3.
59 2.68 0.
43 29.
04 2012 5.65 M1.73 9.47 1.35 0.23 0.05 0.00T 0.
00 2.
08 7.84 12.
78 41.
18 2013 1.25 0.59 2.21 1.08 0.14 0.31 0.03T 0.
55 0.
00 0.85 0.
49 7.50
2014 0.57 8.60 6.09 1.37T 0.00T 0.01 0.
68 1.
60 4.07 12.
10 35.
09 2015 0.46 M4.72 0.56 1.93 0.40 0.03 0.13 0.01 0.
74 0.
07 2.30 9.
84 21.
19 2016 10.78 2.25 9.20 1.27 0.45 0.36T 0.00 0.
00 6.
31 3.73 7.
54 41.
89 2017 14.92 12.25 3.55 3.74 0.01 0.04 0.00T 0.
03 0.
21 5.22 0.
15 40.
12 2018 6.31 0.55 6.12 4.93 0.05 0.00T 0.00 0.
03 1.
33 4.01 3.
61 26.
94 2019 8.53 15.94 6.28 0.59 3.35 0.00 0.00 0.07 0.
31 0.
05 1.58 5.
96 42.
66 2020 3.30T 1.65 0.84 1.29T 0.00 0.08 0.
00 T 1.27 2.
89 11.
32 2021 3.97 2.69 2.37 0.29TT 0.00 0.00 0.
06 M0.
00 9.38
Notes: Data missing in any
month have an "M" flag. A
"T" indicates a trace of
precipitation.
Data missing for all days in a
month or year is blank.
Creation date: 2021-10-10
Report Preparers
City of Willits Willits Rail with Trail Project 5-5
Appendix D
Tree Survey Inventory
GHD | City of Willits | 11230579 | Tree Survey Report
Tree Survey Report
Willits Rail with Trail
City of Willits
October 15, 2021
The Power of Commitment
The Power of Commitment
GHD, Inc. (380)
718 Third Street,
Eureka, California 95501, United States
T +1 707 443 8326 | F +1 707 444 8330 | E [email protected] | ghd.com
Document status
Status
Code
Revision Author Reviewer Approved for issue
Name Signature Name Signature Date
S3 Kelsey McDonald
S3 A Rose E. Dana Rose E. Dana 10/11/2021
S3 Misha Schwarz Misha Schwarz 10/13/2021
S4 Andrea Hilton Andrea Hilton 10/15/21
[Status
code]
© GHD 2022
This document is and shall remain the property of GHD. The document may only be used for the purpose for which it was commissioned and in accordance with the Terms of Engagement for the commission. Unauthorized use of this document in any form whatsoever is prohibited.
GHD | City of Willits | 11230579 | Tree Survey Report i Tree Survey Report
Willits Rail with Trail
This document has been prepared for:
City of Willits
111 E. Commercial Street
Willits, CA 95490 USA
In collaboration with:
GHD
718 Third Street
Eureka, CA 95501, United States
T +1 707 443 8326 | E [email protected] | ghd.com October 15, 2021
GHD | City of Willits | 11230579 | Tree Survey Report ii Table of Contents
1. SUMMARY ............................................................................................................................................ 1
2. INTRODUCTION ................................................................................................................................... 1
2.1 Project Description .......................................................................................................................... 1
2.2 Project Location .............................................................................................................................. 2
3. METHODS ............................................................................................................................................ 2
4. RESULTS .............................................................................................................................................. 3
5. CONCLUSION ...................................................................................................................................... 5
6. SCOPE AND LIMITATIONS.................................................................................................................. 5
7. REFERENCES ...................................................................................................................................... 5
8. REPORT PREPARERS ........................................................................................................................ 6
8.1 Client ............................................................................................................................................... 6
8.2 GHD ................................................................................................................................................ 6 Table index
Table 1. Tree diameter size class definitions
Table 2. Canopy structure rating definitions
Table 3. Tree health rating definitions
Table 4. The number of each tree species inventoried within each size class Appendices
Appendix A. Map Figures
Appendix B. Complete Tree Survey Table
Appendix C. Photo Index
GHD | City of Willits | 11230579 | Tree Survey Report 1
1. Summary
GHD prepared this tree survey report and accompanying appendices on behalf of the City of Willits (City), in support of the proposed Rail Trail Project (Project) (Appendix A, Figures 1-2). Tree surveys consisted of tagging trees within the Project Survey Boundary (PSB) with an aggregate diameter of at least 12 inches, and documenting the species, trunk diameter at breast height (DBH), canopy radius, structure, and health.
GHD plant ecologists conducted tree surveys in the fall of 2021 (October 5th-6th). A total of 89 trees of 12 inches DBH or above were documented, including eight naturally occurring native tree species, four native tree species that appear to have been planted and might not be naturally occurring at this location, and four non-native species (see map in Appendix A Figure 3, and Appendix B Tree Survey Table). This report supports the Project’s environmental documentation, permitting, and construction planning as deemed appropriate.
2. Introduction
Tree surveys were conducted to inventory trees with a DBH of at least 12 inches that have the potential to affect or be affected by the construction of the Project. The tree survey may help inform project design to avoid or minimize tree removal, or it may be used for public outreach. Tree surveys may also inform impact analysis and mitigation. The City does not have a tree ordinance, and surveys were completed voluntarily to inform project design and permitting. This report is subject to, and must be read in conjunction with, the limitations set out in Section 6 and the assumptions and qualifications contained throughout the report.
2.1 Project Description
The Project would construct an approximately 1.6-mile Class I bike trail (pedestrian and bicycle trail) from East Commercial Street to East Hill Road within the North Coast Railroad Authority (NCRA) right of way, within the City limits. Installation of this 1.6-mile trail would improve access and safety for pedestrian and bicycle users as well as create opportunities for nature study and recreation. The trail would provide a connection between the southern and the northern parts of the City, and it will be accessible to the residents that live and work in Willits. Furthermore, the trail would eventually provide linkages beyond the City into other parts of Mendocino County, the City of Ukiah, and beyond as part of the proposed Great Redwood Trail, which is planned to span between Eureka and the North Bay Area. It would also connect to the Haehl Creek Trail, located near the Frank R. Howard Memorial Hospital.
The trail would be a paved pathway Class I facility, alternating between an approximately ten-feet wide trail (five feet per travel lane) with two-foot shoulders. The trail may be narrowed in limited locations where unavoidable site constraints exist. The trail would be separated from the railroad and adjacent private property by a fence. The trail would be a minimum of ten feet from the railroad to meet NCRA design standards. The trail would include new bridge crossings over three creeks – Broaddus Creek, Baechtel Creek, and Haehl Creek.
It is assumed the railroad will remain active, with minimal levels of activity primarily associated with the Skunk Train excursion tours. The Project would not conflict with the Skunk Train excursion trails or other railroad use. Small areas of inactive track may be removed, primarily associated with grade crossings or inactive spurs. Existing street crossings may be enhanced with California Manual on Uniform Traffic Control Devices (CA MUTCD) standards, such as with LED signs. Signage and markings at public street crossings GHD | City of Willits | 11230579 | Tree Survey Report 2 would be updated as required by the California Public Utilities Commission (CPUC). Railroad crossings within city-street crossings would remain unaltered, except when providing connections to existing pedestrian facilities (including curb, gutter and sidewalk) located adjacent to the trail.
The Project would be designed in accordance with NCRA design standards and the Caltrans Highway Design Manual, 7th Edition (2020). In addition, the Project would be designed in accordance with other specific applicable standards, including the California Manual on Uniform Traffic Control Devices (CA MUTCD 2020) and the 2010 Americans with Disabilities Act Standards for Accessible Design.
2.2 Project Location
The Project is located along the railroad corridor between East Commercial Street to East Hill Road within the North Coast Railroad Authority right of way (Appendix A, Figure 1). Skunk Train Station is located at the northern end of the trail alignment. The railroad corridor is bordered by residential, industrial, and open space uses. Three creeks cross the trail alignment, and one small tributary originates near the rail. Riparian habitat, wetlands, and valley oak woodlands occur in the area. The PSB was defined by the rail corridor property boundaries between East Commercial Street and East Hill Road as shown in Appendix A, Figure
2. 3. Methods
GHD conducted the tree survey on October 5th and 6th, 2021, where 23.6 acres of the PSB were surveyed.
On January 10th, 2022, 2.2 acres were added to the Project Boundary, but all additions are within the footprint of existing developed streets and contain no trees. The PSB was traversed on foot from north to south, starting at East Commercial Street and ending at East Hill Street. Trees within the rail corridor, based on digitized property boundary lines and physical markers such as fence lines, were visually assessed for trunk diameters of at least ~12 inches DBH. Trunk diameter was measured with a diameter tape at breast height (4.5” above the ground level, unless otherwise specified for trees with multiple trunks splitting at this level) and rounded to the nearest inch, or visually estimated at close range when impediments such as climbing poison oak vines prevented accurate measurement with a diameter tape. If multiple trunks were present, each trunk was measured and recorded. Trees were classified into broad categories of small, medium, and large diameter size classes as shown in Table 1.
Table 1. Tree diameter size class definitions.
Size Class Diameter Range
Small 12 to 17 inches DBH
Medium 18 to 23 inches DBH
Large ≥ 24 inches DBH
Trees were identified to species based on nomenclature in The Jepson Manual (Baldwin et al. 2012). Trees were tagged at eye-level with aluminum nails and tags printed with a unique numeric identifier. The location of each tree inventoried was recorded in the field with an Eos Arrow 100 Submeter Global Positioning GHD | City of Willits | 11230579 | Tree Survey Report 3 System (GPS) Receiver with Global Navigation Satellite System (GNSS) and an iPad running ArcGIS Survey 123 in the WGS84 datum by collecting the location immediately adjacent to the trunk or standing near the tree and placing a point at the estimated location of the trunk centroid. Tree canopy radius was estimated in the field, and ratings for canopy structure and tree health were assigned. Canopy structure was rated from Poor to Good according to the following definitions in Table 2, and overall health was rated from Poor to Healthy as shown in Table 3.
Table 2. Canopy structure rating definitions.
Number Structure Rating Definition
1 Poor Hazardous limbs or other major problems present
2 Poor-Fair Moderate issues such as rotten limbs or leaning trunks present 3 Fair Minor issues could be corrected with pruning
4 Fair-Good Moderate canopy structure that may benefit from minor pruning 5 Good Broad healthy canopy with no apparent hazards and no pruning needed
Table 3. Tree health rating definitions.
Number Health Rating Definition
0 Poor (in decline) Tree appears to be dying and is not expected to survive in the long term
1 Poor Significant damage is present, and survival of the tree is questionable in the long term
2 Poor-Fair Moderate damage is present that has the potential to affect longterm health 3 Fair Some non-lethal damage from pests, disease, or other stressors 4 Fair-Good Very little damage from pests, disease, or other stressors 5 Good No rot, significant pest damage or disease observed
4. Results
A total of 89 trees were documented and tagged within the PSB (Table 4, Appendix B). Notable naturally occurring large native trees within the PSB included eleven large valley oaks (Quercus lobata), a large California black oak (Quercus kelloggii), two large cottonwoods (Populus fremontii ssp. fremontii), and three large white alders (Alnus rhombifolia). The Broaddus Creek riparian corridor supported the highest concentration of medium and large white alders and the large cottonwoods within the PSB. Native riparian and oak trees are also clustered around Baechtel and Haehl Creek riparian corridors. Valley oak woodlands near the southern extent of the PSB supported most of the medium to large valley oaks rooted within the PSB. A large coast redwood (Sequoia sempervirens) and large incense cedar (Calocedrus decurrens) also GHD | City of Willits | 11230579 | Tree Survey Report 4 occur within the PSB near the East Valley Street intersection. Saplings and pole trees less than 12 inches DBH also occur throughout the PSB but were not inventoried.
Table 4. The number of each tree species inventoried within each size class (as defined in Table 1).
Species Status Size
Classes
Number of
Trees
Aleppo pine (Pinus halepensis) Non-Native Small 2
Arroyo willow (Salix lasiolepis) Native, Riparian Small 1 Black locust (Robinia pseudoacacia) Non-Native
Small 4
Medium 1
California black oak (Quercus kelloggii) Native
Small 5
Medium 1
Large 1
Coast redwood (Sequoia sempervirens) Native (Planted)
Medium 3
Large 1
Cottonwood (Populus fremontii ssp.
fremontii) Native, Riparian Large 2
Incense cedar (Calocedrus decurrens) Native (Planted) Large 1 Northern California black walnut (Juglans
hindsii)
Native (Likely
Planted) Small 1
Oregon ash (Fraxinus latifolia) Native
Small 4
Medium 1
Paradise apple (Malus pumila) Non-Native Medium 1
Red alder (Alnus rubra) Native, Riparian
Small 2
Medium 1
Black elderberry (Sambucus nigra) Native Small 1
Sitka spruce (Picea sitchensis) Native (Planted) Small 1 Valley oak (Quercus lobata) Native
Small 19
Medium 7
Large 11
Weeping willow (Salix babylonica) Non-Native Small 1
White alder (Alnus rhombifolia) Native, Riparian
Small 10
Medium 4
Large 3
Total Number of Trees with DBH >12” within PSB 89
GHD | City of Willits | 11230579 | Tree Survey Report 5
5. Conclusion
The Willits Rail Trail tree survey was conducted to provide information on the location, size, health, and native status of notable trees within the PSB. Trees of at least ~12 inches DBH intersecting the PSB were included in the inventory for consideration in project design, outreach to the public, and impact analysis based on the habitat, shade, and other ecosystem services that these trees provide. Although much of the rail corridor has low vegetative cover or is characterized by brushy vegetation, valley oak woodlands and riparian corridors with native tree canopies also intersect the PSB. It is recommended that native trees within the medium and large size classes are avoided to the greatest extent possible. Impacts to riparian areas and valley oak woodlands should also be minimized. Please see the Botanical Survey Technical Memorandum (GHD 2021a) and the Wetland Delineation Report (GHD 2021b) for the Valley Oak Woodland Sensitive Natural Community, riparian canopy, wetland boundaries. The majority of native oak trees inventoried were clustered around the eastern and western property boundaries, and may be avoided if the trail will be situated closer to the rail prism. Widening bridge crossings at Broaddus, Baechtel, and Haehl Creek may impact trees within these riparian areas. Spatial data collected for the tree inventory may be used both to inform Project design and evaluate potential impacts to trees after the design is complete.
6. Scope and limitations
This report: has been prepared by GHD for City of Willits and may only be used and relied on by City of Willits for the purpose agreed between GHD and City of Willits as set out in section 2.1 of this report.
GHD otherwise disclaims responsibility to any person other than City of Willits arising in connection with this report. GHD also excludes implied warranties and conditions, to the extent legally permissible.
The services undertaken by GHD in connection with preparing this report were limited to those specifically detailed in the report and are subject to the scope limitations set out in the report.
The opinions, conclusions and any recommendations in this report are based on conditions encountered and information reviewed at the date of preparation of the report. GHD has no responsibility or obligation to update this report to account for events or changes occurring subsequent to the date that the report was prepared.
The opinions, conclusions and any recommendations in this report are based on assumptions made by GHD described in this report. GHD disclaims liability arising from any of the assumptions being incorrect.
7. References
Baldwin, B. D. 2012. The Jepson Manual, Second Edition. University of California Press. Berkeley, CA.
GHD 2021a. Willits Rail Trail Project Complete Botanical Surveys and Habitat Assessment. Technical Memorandum. Prepared for the City of Willits. October 2021. Eureka, California.
GHD 2021b. Aquatic Resources Delineation Report—Willits Rail with Trail. Report. Prepared for the City of Willits. October, 2021. Eureka, California.
GHD | City of Willits | 11230579 | Tree Survey Report 6
8. Report Preparers
8.1 Client
City of Willits
111 E. Commercial Street
Willits, CA 95490 USA
8.2 GHD
Kelsey McDonald, Plant Ecologist, [email protected], 1-707-443-8326 Rose E. Dana, Botanist, [email protected], 1-707-267-2220
GHD | City of Willits | 11230579 | Tree Survey Report
Appendix A
Figures
FIGURE 1
0 0.2 0.4 0.6 0.8
Miles
Project No.
Revision No. -
11230579
Date 1/10/2022
City of Willits Willits Rail Trail Project
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
Paper Size ANSI A
Data source: transportation: USGS The National Map: National Transportation Dataset; U.S. Census Bureau – TIGER/Line; U.S. Forest Service. Data Refreshed January, 2022.; World Topographic Map - labelless: Esri, HERE, Garmin, FAO, NOAA, USGS, Bureau of Land Management, EPA, NPS; World Topographic Map - labelless: Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA; World Hillshade: Esri, NASA, NGA, USGS, FEMA; World Hillshade: Esri, CGIAR, USGS. Created by: ethompson3 \\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_001_Vicinity Print date: 10 Jan 2022 - 09:42
Vicinity Map
Data Disclaimer
** Insert text as required by data custodian **
** Remove only if not required by data custodian **
Willits
Brooktrails
Ukiah
Project Study Boundary
Legend
1 2 3 4
Legend
MapGrid
Environmental
Study Boundary
Stream
FIGURE 2
Date1/10/2022
Revision No. -
Project No. 11230579
Study Boundary
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 360 720 1,080 1,440
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsRailTrail.aprx - 11230579_002_Overview Data source: World Imagery: Maxar. Created by: ethompson3 Print date: 10 Jan 2022 - 15:42
Legend
Project Study Boundary
Stream
FIGURE 2-1
Date1/10/2022
Revision No. -
Project No. 11230579
Study Boundary
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_002B_StudyBoundaryMB Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 11:49
Legend
Project Study Boundary
Stream
FIGURE 2-2
Date1/10/2022
Revision No. -
Project No. 11230579
Study Boundary
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_002B_StudyBoundaryMB Data source: World Imagery: Maxar. Created by: ethompson3 Print date: 10 Jan 2022 - 11:49
Legend
Project Study Boundary
Stream
FIGURE 2-3
Date1/10/2022
Revision No. -
Project No. 11230579
Study Boundary
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_002B_StudyBoundaryMB Data source: World Imagery: Maxar. Created by: ethompson3 Print date: 10 Jan 2022 - 11:49
Legend
Project Study Boundary
Stream
FIGURE 2-4
Date1/10/2022
Revision No. -
Project No. 11230579
Study Boundary
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_002B_StudyBoundaryMB Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 11:49
12 3
54 678
109
14 1211
22 1316151718 192021
2423252627 2829
3130 32
333435
Legend
Tree Inventory
Points
Project Study
Boundary
FIGURE 3-1
Date1/10/2022
Revision No. -
Project No. 11230579
Tree Survey
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_23_Trees Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 15:51
910
11 12
14 13
15 16
1718
1920 21
22 242325
26 27 28
29 1 2
3 4
5 6
7 8
##
36 38 39 40
4110042
43 445
46 47
48 49
37 Legend
Tree Inventory
Points
Project Study
Boundary
FIGURE 3-2
Date1/10/2022
Revision No. -
Project No. 11230579
Tree Survey
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_23_Trees Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 15:52
40 41100
42 43
##
59 606162
50 51
52 53 545556
57 58
63 6465
66 67
68 Legend
Tree Inventory
Points
Project Study
Boundary
FIGURE 3-3
Date1/10/2022
Revision No. -
Project No. 11230579
Tree Survey
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_23_Trees Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 15:54
62 59
61 60
54 5556
57 58
63 6465
##
69 71 70 728786857376798077788182
8384
7588 74
Legend
Tree Inventory
Points
Project Study
Boundary
FIGURE 3-4
Date1/10/2022
Revision No. -
Project No. 11230579
Tree Survey
Willits Rail Trail Project
City of Willits
Map Projection: Lambert Conformal Conic
Horizontal Datum: North American 1983
Grid: NAD 1983 StatePlane California II FIPS 0402 Feet
0 75 150 225 300
Feet
Paper Size ANSI A
\\ghdnet\ghd\US\Santa Rosa\Projects\561\11230579\GIS\Maps\Deliverables\11230579_WillitsBotanical.aprx - 11230579_23_Trees Data source: World Imagery: Maxar, Microsoft. Created by: ethompson3 Print date: 10 Jan 2022 - 15:55
72 73
76 7778
7980
81 82
83 84
85 86
87 ##
Appendix B – Tree Survey Table
GHD | City of Willits | 11230579 | Tree Survey Report 1 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 1 White alder (Alnus rhombifolia)
Native Small 14 Fair Fair 16 14 Some broken
branches and resprouting at base
39.41119405 -123.3504625
2 White alder
(Alnus rhombifolia)
Native Large 25 Healthy Good 21 25 39.41114509 -123.3504324 3 White alder
(Alnus rhombifolia)
Native Small 13 FairHealthy Fair-Good 15 13 39.41113734 -123.3505307 4 White alder
(Alnus rhombifolia)
Native Medium 21.3 Fair Fair 15 16, 14 5 39.41120213 -123.3503958 5 White alder
(Alnus rhombifolia)
Native Small 13 FairHealthy Fair 8 13 39.41124548 -123.3503824 6 White alder
(Alnus rhombifolia)
Native Small 15 FairHealthy Fair 12 15 39.41109914 -123.3505039 7 White alder
(Alnus rhombifolia)
Native Medium 23.1 Fair Fair 17 14, 12, 7,
12 6 39.41108337 -123.350448
8 White alder
(Alnus rhombifolia)
Native Large 24.1 FairHealthy Fair-Good 12 16, 18 39.41099294 -123.3504204 9 White alder
(Alnus rhombifolia)
Native Small 17.5 Fair Fair 12 12, 10, 8 Insect
damage
39.41063221 -123.3503632
GHD | City of Willits | 11230579 | Tree Survey Report 2 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 10 White alder
(Alnus rhombifolia)
Native Small 15 FairHealthy Good 8 15 39.41061957 -123.3503477 11 White alder
(Alnus rhombifolia)
Native Small 15.6 PoorFair Fair-Good 10 12, 10 39.41033479 -123.3504246 12 Weeping
willow (Salix babylonica)
NonNative Small 12 Fair Fair 12 12 39.41033672 -123.3504839 13 White alder
(Alnus rhombifolia)
Native Medium 21.2 Healthy Fair-Good 12 15, 12, 9 39.41015749 -123.3505161 14 Sambucus
nigra
Native Small 17 Poor Fair 15 12, 12 Old, rot
present
39.41046525 -123.3504548
15 Cottonwood
(Populus fremontii ssp. fremontii)
Native Large 27 Healthy Good 18 27 39.41008407 -123.3505055 16 Valley oak
(Quercus lobata)
Native Medium 22 Healthy Good 25 22 39.41011087 -123.3504998 17 Sitka spruce
(Picea sitchensis)
Native (planted)
Small 15 Healthy Fair-Good 10 15 39.40995546 -123.3504445 18 Valley oak
(Quercus lobata)
Native Large 30 Healthy Good 30 30 39.40991393 -123.3504355 19 Coast
redwood (Sequoia sempervirens)
Native (planted)
Medium 20 FairHealthy Fair-Good 12 20 39.40976516 -123.3503811 GHD | City of Willits | 11230579 | Tree Survey Report 3 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 20 Coast
redwood (Sequoia sempervirens)
Native (planted)
Medium 21 FairHealthy Good 10 21 39.40975163 -123.350373 21 Coast
redwood (Sequoia sempervirens)
Native (planted)
Medium 24 FairHealthy Fair-Good 10 24 39.40970171 -123.3503387 22 Black locust
(Robinia pseudoacacia)
Nonnative Medium 19.4 Healthy Good 14 12, 8, 13 5 39.41013171 -123.3505924 23 Cottonwood
(Populus fremontii ssp. fremontii)
Native Large 31.3 PoorFair Fair 16 30, 9 Large dead main trunk 39.410048 -123.3507034 24 Black locust
(Robinia pseudoacacia)
Nonnative Small 14 Healthy Good 15 14 39.41006294 -123.350707 25 Black locust
(Robinia pseudoacacia)
Nonnative Small 17 Fair- Healthy Fair-Good 12 17 39.41001678 -123.3507082 26 White alder
(Alnus rhombifolia)
Native Small 15 Healthy Good 13 15 39.40996387 -123.3507063 27 Coast
redwood (Sequoia sempervirens)
Native (planted)
Large 92 FairHealthy Fair-Good 15 92 3 large ~24” trunks, not old growth
39.40985477 -123.3506855
28 Valley oak
(Quercus lobata)
Native Small 9 Healthy Good 12 9 39.40963441 -123.3505542 29 Valley oak
(Quercus lobata)
Native Small 14.3 Healthy Fair-Good 10 13, 6 39.40959769 -123.3505019 GHD | City of Willits | 11230579 | Tree Survey Report 4 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 30 Black locust
(Robinia pseudoacacia)
Nonnative Small 12 Fair- Healthy Fair 9 12 39.40924384 -123.3505899 31 Black locust
(Robinia pseudoacacia)
Nonnative Small 14 Fair- Healthy Fair 8 14 39.40924573 -123.3506089 32 Incense cedar
(Calocedrus decurrens)
Native (planted)
Large 29 FairHealthy Fair-Good 8 29 39.40908873 -123.3505108 33 Valley oak
(Quercus lobata)
Native Large 30 Healthy Fair-Good 25 30 39.40887606 -123.349811 34 Valley oak
(Quercus lobata)
Native Large 32 Healthy Good 22 32 39.40880788 -123.3497673 35 Northern
california black walnut (Juglans hindsii)
Native Small 17 PoorFair Fair 8 17 39.40875116 -123.3497269 36 Valley oak
(Quercus lobata)
Native Medium 19.8 FairHealthy Fair-Good 15 15, 13 39.40679091 -123.3484764 37 Valley oak
(Quercus lobata)
Native Large 32 Healthy Good 25 32 39.40607683 -123.3480405 38 Valley oak
(Quercus lobata)
Native Small 13 Healthy Good 12 13 39.40518413 -123.3474848 39 California
black oak (Quercus kelloggii)
Native Small 12 Healthy Good 10 12 39.40496974 -123.3473418 GHD | City of Willits | 11230579 | Tree Survey Report 5 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 40 White alder
(Alnus rhombifolia)
Native Large 24.1 Fair Fair 12 18, 16 39.40469467 -123.3470971 41 White alder
(Alnus rhombifolia)
Native Medium 20 Fair Fair 12 12, 16 39.40465946 -123.3471724 42 White alder
(Alnus rhombifolia)
Native Small 15.7 FairHealthy Fair-Good 12 14, 7 39.4046442 -123.3471889 43 Valley oak
(Quercus lobata)
Native Large 26 14 26 39.40467719 -123.3471138
44 Valley oak
(Quercus lobata)
Native Medium 19.8 Healthy Good 10 15, 12, 5 39.40406641 -123.3468008 45 Oregon ash
(Fraxinus latifolia)
Native Medium 24 Fair Fair-Good 7 24 39.40406641 -123.3468008 46 Oregon ash
(Fraxinus latifolia)
Native Small 16.6 Fair Fair 12 15, 4, 6 39.40338907 -123.3467192 47 Valley oak
(Quercus lobata)
Native Large 30 FairHealthy Fair-Good 18 30 39.40243638 -123.3456513 48 Valley oak
(Quercus lobata)
Native Small 12 Fair Fair 6 12 39.40159404 -123.3453179 49 Valley oak
(Quercus lobata)
Native Small 12.4 Healthy Good 6 12, 3 39.40091481 -123.3447612 50 Valley oak
(Quercus lobata)
Native Large 32.8 Healthy Good 28 26, 20 On boundary
fence line
39.39880512 -123.3432202
GHD | City of Willits | 11230579 | Tree Survey Report 6 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 51 Valley oak (Quercus lobata)
Native Small 10.8 FairHealthy Good 7 9, 6 39.39905149 -123.3436815 52 Valley oak
(Quercus lobata)
Native Small 15 FairHealthy Good 15 15 39.39753888 -123.3427577 53 California
black oak (Quercus kelloggii)
Native Medium 24 Healthy Good 13 24 39.39671981 -123.3418143 54 Red alder
(Alnus rubra)
Native Small 15 FairHealthy Fair 8 12, 9 39.39649664 -123.3417387 55 Red alder
(Alnus rubra)
Native Small 12 Healthy Good 12 39.39647265 -123.3417623 56 Arroyo willow
(Salix lasiolepis)
Native Small 15 Fair Fair-Good 16 15 39.39644716 -123.3417623 57 Red alder
(Alnus rubra)
Native Medium 20.5 Poor (in
decline)
Poor-Fair 10 14, 15 39.39632785 -123.3419107
58 California
black oak (Quercus kelloggii)
Native Small 13 FairHealthy Fair-Good 15 13 39.39604994 -123.3416969 59 California
black oak (Quercus kelloggii)
Native Small 12 FairHealthy Fair-Good 12 39.39608526 -123.3417271 60 California
black oak (Quercus kelloggii)
Native Large 27 Healthy Good 17 27 At fence line 39.39591536 -123.3417055 GHD | City of Willits | 11230579 | Tree Survey Report 7 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 61 Valley oak (Quercus lobata)
Native Small 13 Healthy Good 13 39.39583213 -123.3416223 62 Valley oak
(Quercus lobata)
Native Large 26 FairHealthy Fair 12 26 39.39583984 -123.341591 63 California
black oak (Quercus kelloggii)
Native Small 15 Healthy Fair-Good 13 12, 9 39.39577981 -123.3416512 64 Aleppo pine
(Pinus halepensis)
Nonnative Small 12 Fair- Healthy Fair-Good 8 9, 8 39.39581688 -123.3414908 65 Aleppo pine
(Pinus halepensis)
Nonnative Small 11.4 Fair- Healthy Fair-Good 6 9, 7 39.39578527 -123.3414734 66 Paradise
apple (Malus pumila)
Nonnative Medium 19.7 Poor (in decline) Poor-Fair 9 13, 11, 10 4 Cultivated edible apple 39.39544532 -123.3409905 67 Valley oak
(Quercus lobata)
Native Small 13 Healthy Good 10 13 39.39502114 -123.3407614 68 Oregon ash
(Fraxinus latifolia)
Native Small 12 FairHealthy Good 16 12 39.39494091 -123.3406314 69 California
black oak (Quercus kelloggii)
Native Small 8 FairHealthy Good 17 39.39386261 -123.3403568 70 Oregon ash
(Fraxinus latifolia)
Native Small 13 FairHealthy Fair-Good 11 13 39.39336751 -123.3396105 GHD | City of Willits | 11230579 | Tree Survey Report 8 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 71 Oregon ash (Fraxinus latifolia)
Native Small 13 Healthy Good 10 13 39.39363501 -123.3398139 72 Valley oak
(Quercus lobata)
Native Large 32.8 Healthy Good 16 28, 13,
11 39.3929204 -123.3393252
73 Valley oak
(Quercus lobata)
Native Small 16.3 Fair Fair 12 12, 11 5.5 39.39269531 -123.3392286 74 Valley oak
(Quercus lobata)
Native Medium 20 FairHealthy Good 14 20 39.39170393 -123.3385364 75 Valley oak
(Quercus lobata)
Native Small 12 FairHealthy Fair-Good 15 12 39.39224563 -123.3388695 76 Valley oak
(Quercus lobata)
Native Medium 23 Healthy Good 20 23 Outside fence
line
39.39269477 -123.3392134
77 Valley oak
(Quercus lobata)
Native Small 14 Healthy Fair-Good 13 14 39.3926784 -123.3391905 78 Valley oak
(Quercus lobata)
Native Medium 20.5 Healthy Fair 25 14, 15 39.39267107 -123.3391898 79 Valley oak
(Quercus lobata)
Native Small 12 FairHealthy Fair 10 12 39.39266931 -123.3392273 80 Valley oak
(Quercus lobata)
Native Small 13 FairHealthy Fair 10 13 39.392669 -123.3392273 GHD | City of Willits | 11230579 | Tree Survey Report 9 Tree ID Species Native Status Diameter Class Aggregate DBH (inches) Overall Health Canopy Structure Dripline Radius (ft) DBH of All Trunks (inches) Height of DBH (ft) Notes Latitude Longitude 81 Valley oak (Quercus lobata)
Native Small 13.9 FairHealthy Fair 17 12, 7 39.39264881 -123.3391617 82 Valley oak
(Quercus lobata)
Native Small 13.5 FairHealthy Fair-Good 10 10, 9 39.39263185 -123.3392001 83 Valley oak
(Quercus lobata)
Native Small 14 FairHealthy Fair-Good 10 14 39.39264956 -123.3391464 84 Valley oak
(Quercus lobata)
Native Large 28.8 FairHealthy Fair 20 24, 16 Leaning 39.39260939 -123.3392004 85 Valley oak
(Quercus lobata)
Native Small 12 FairHealthy Fair 12 39.39275086 -123.3392373 86 Valley oak
(Quercus lobata)
Native Small 18 FairHealthy Fair 10 18 Leaning 39.39278961 -123.339224 87 Valley oak
(Quercus lobata)
Native Medium 19 Healthy Good 20 19 39.39283232 -123.339284 88 Valley oak
(Quercus lobata)
Native Large 34.5 FairHealthy Fair-Good 22 26, 17, 15 39.39220279 -123.338875 100 White alder
(Alnus rhombifolia)
Native Small 13.5 FairHealthy Fair-Good 7 10, 9 39.40463793 -123.3471515 Appendix C. Photo Index
GHD | City of Willits | 11230579 | Tree Survey Report 1 Photo 1. Valley oak # 65. Photo 2. Valley oak # 62. Photo 3. Valley oak # 51.
GHD | City of Willits | 11230579 | Tree Survey Report 2 Photo 4. Valley oak # 53. Photo 5. Valley oak #38. Photo 6. Valley oak #20.
GHD | City of Willits | 11230579 | Tree Survey Report 3 Photo 7. Valley oak # 36 and California black walnut # 37.
Photo 8. California black oak # 58. Photo 9. California black oak # 54.
GHD | City of Willits | 11230579 | Tree Survey Report 4 Photo 10. Cottonwood #17. Photo 11. Cottonwood #23 and black locusts #23-24.
Photo 12. White alder #8.
GHD | City of Willits | 11230579 | Tree Survey Report 5 Photo 13. White alder #9. Photo 14. White alder #16. Photo 15. White alder # 41 GHD | City of Willits | 11230579 | Tree Survey Report 6 Photo 16. White alder #42. Photo 17. White alder #44. Photo 18. Coast redwood # 29.
GHD | City of Willits | 11230579 | Tree Survey Report 7 Photo 19. Incense cedar # 34. Photo 20. Apple tree # 66. Photo 21. Weeping willow #14.
Resolution No. 2022-__ Page 1 of 14 April 27, 2022
RESOLUTION 2022-
RESOLUTION OF THE CITY COUNCIL, ACTING AS THE PLANNING COMISSION, OF THE CITY OF
WILLITS ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING THE WILLITS RAIL WITH TRAIL PROJECT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM.
WHEREAS, the City of Willits proposes to implement the Willits Rail with Trail Project, an approximately 1.6-mile Class I Trail (pedestrian and bicycle trail) from East Commercial Street to East Hill Road within the Great Redwood Trail Agency (formerly the North Coast Railroad Authority) right of way and within several adjacent streets in the City of Willits, County of Mendocino, State of California; and WHEREAS, the Project is intended to improve access and safety for pedestrian and bicycle users as well as create opportunities for nature study and recreation; and WHEREAS, the Project is subject to the Willits General Plan, adopted by the City on August 12, 1992, and is consistent with the Willits Bicycle and Pedestrian Specific Plan; and WHEREAS, the City is the lead agency for the Project, and the City Council, acting as the Planning Commission, is the decision-making body for the Project; and; and WHEREAS, the City prepared an Initial Study/Proposed Mitigated Negative Declaration (IS/MND) for the Project in accordance with the requirements of the California Environmental Quality Act of 1970, as amended (“CEQA”), and state and local guidelines implementing CEQA; and WHEREAS, the IS/MND was made publicly available from March 24 to April 22, 2022 for the required 30-day public review period under CEQA; and
WHEREAS, the City filed a Notice of Intent to Adopt the MND at the office of the Mendocino County Clerk and published the Notice in the Willits Weekly on March 24, 2022; and WHEREAS, the City posted the IS/MND on its website and made a hardcopy available for public review at the Willits Community Development Department office at 111 E. Commercial Street, Willits, CA 95490; and
WHEREAS, the City caused the IS/MND to be circulated via the State Clearinghouse on March 24, 2022 (State Clearinghouse No. 2022030663) and submitted the Notice of Intent to Adopt the MND to applicable Responsible and Trustee Agencies; and
WHEREAS, the City prepared a Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit “B”, to ensure compliance with the mitigation measures identified and proposed in the IS/MND; and
WHEREAS, the City has reviewed and considered the Public Draft IS/MND, public comments, and related MMRP for the Project; and
WHEREAS, in accordance with applicable provision of law, the Willits City Council, acting as the Planning Commission, held a public hearing on April 27, 2022, at which time the City Council, acting as the Planning Commission, heard and received all relevant testimony and evidence presented orally or in writing regarding the Project.
WHEREAS, the Willits City Council, acting as the Planning Commission, has reviewed and considered the IS/MND, public comments, and related MMRP for the Project.
NOW, THEREFORE BE IT RESOLVED, that the Willits City Council, acting as the Planning Commission, makes the following findings:
1. The foregoing Recitals are true and correct and made a part of this Resolution.
Resolution No. 2022-__ Page 2 of 14 April 27, 2022
2. The IS/MND has been prepared and completed in compliance with the requirements of CEQA and the CEQA Guidelines. All noticing and review periods required by CEQA have been satisfied.
3. The IS/MND reflects the City’s independent judgment and analysis of the potential environmental effects of the Project.
4. On the basis of the whole record before it, including the IS/MND and comments received therein, the Council, acting as the Planning Commission, finds that there is no substantial evidence that the Project as proposed with mitigation will have a significant adverse impact on the environment.
5. The City Council, acting as the Planning Commission, hereby adopts the Mitigated Negative Declaration for the Project.
6. The mitigation measures in the Mitigated Negative Declaration are made a condition of approval of the Project and a Mitigation Monitoring and Reporting Program, attached as Exhibit A, is adopted.
7. The record of proceedings on which this Resolution is based are on file and available for public inspection during normal business hours at 111 E. Commercial Street, Willits, CA 95490. The custodian of these documents is the City of Willits.
8. The City hereby ratifies its approval of the Project.
9. Following adoption of this Resolution, City staff is authorized and directed to file a Notice of Determination with the County of Mendocino and the State Clearinghouse pursuant to CEQA.
BE IT FURTHER RESOLVED, that the Willits City Council, acting as the Planning Commission, hereby adopts the Mitigated Negative Declaration, and adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit “A” and approves the Project.
The above and foregoing Resolution was introduced by Councilmember seconded by Councilmember , and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 27th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
ATTEST:
_________________________
DELORES PEDERSEN
City Clerk
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 1 Mitigation Monitoring and Reporting
Program
City of Willits - Willits Rail with Trail Project
SCH No. 2022030663
Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
EPA 1 – Stormwater Pollution Prevention Plan (SWPPP)
The Project will seek coverage under State Water Resources Control Board (Regional Board) Order No. 2009-0009-DWQ, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities. The City will submit permit registration documents (notice of intent, risk assessment, site maps, Storm Water Pollution Prevention Plan (SWPPP), annual fee, and certifications) to the Water Board. The SWPPP will address pollutant sources, best management practices, and other requirements specified in the Order. The SWPPP will include erosion and sediment control measures, and dust control practices to prevent wind erosion, sediment tracking, and dust generation by construction equipment. A Qualified SWPPP Practitioner will oversee implementation of the Project SWPPP, including visual inspections, sampling and analysis, and ensuring overall compliance.
City’s contractor, to be verified by a
SWPPP practitioner
Performance criteria – North
Coast Regional Water Quality
Control Board and City standards
Reporting actions – As required
by the state permit
Schedule - During project
construction activities, including
work and non-work times
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 2 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
Aesthetics
MM AES-1: Avoid Glare and Light Trespass from Nighttime Construction Lighting The City and its contractor shall prepare and implement a Nighttime Construction Lighting Plan for any nighttime construction work to avoid glare that would be a hazard to vehicles and to avoid light trespass onto adjacent residential uses. The lighting plan shall be developed to guide the use of lighting during project construction in such a way as to effectively light the work area while limiting light spill onto adjoining properties. This shall include the layout of lighting equipment necessary for all work to be completed at night and descriptions of hardware, including hoods, louvers, shields or other means to be used to control glare and light trespass onto adjoining property. Lighting systems with flood, spot, or stadium type luminaires shall be aimed downward at the work. The recommendations contained in the Nighttime Construction Lighting Plan shall be incorporated into the final plans and specifications for the project and implemented during construction.
City and City’s contractor Performance criteria – City
standards
Reporting actions – N/A, verify
requirements are included in final
plans and specifications
Schedule – Pre-construction, and
check jobsite compliance as
necessary
Air Quality
MM AQ-1: BMPs to Reduce Construction-period Air Pollution To enhance enforcement of Rule 1-430(b) of the Mendocino County Air Quality Management District Regulations, the City of Willits and its Contractor shall implement the following airborne dust control and emission reduction measures during construction activities:
All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.
All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of ten miles per hour.
Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed.
Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles and other surfaces that can give rise to airborne dusts.
All earthmoving activities shall cease when sustained winds exceed 15 miles per hour.
The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours.
The operator shall keep a daily log of activities to control fugitive dust.
Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points; City and City’s contractor
Performance criteria –
Mendocino Air Quality
Management District standards
Reporting actions – N/A, verify
requirements are included in final
plans and specifications
Schedule – During construction,
check jobsite compliance as
necessary
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 3 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; Biological Resources
MM BIO-1: Protect Potential North Coast Semaphore Grass Coordination with CDFW shall occur in 2022 to determine the semaphore grass specimen observed during the 2021 botanical survey (conducted in April and July 2021), which is believed to be either North Coast semaphore grass (CESA threatened) or Davy’s semaphore grass (limited regional distribution CRPR 4.3). If the specimen is a CESA-listed species, appropriate consultation, compliance, and mitigation shall be achieved in coordination with CDFW. A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared in coordination with jurisdictional permitting agencies and shall meet specific success criteria for CESA listed species.
The HMMP shall be acceptable to jurisdictional permitting agencies and include the following elements: proposed mitigation ratios; description and size of the restoration or compensatory area; site preparation and design; plant species; planting design and techniques; maintenance activities; plant storage; irrigation requirements; success criteria; five-year monitoring schedule; reporting plan and schedule; and remedial measures. The Plan shall be implemented by the City. If the species is considered special status (and not CESA listed), it will be avoided as much as feasibly possible. If needed, off-site habitat mitigation may occur at one or more suitable City-owned properties (see Figure 7, Potential Off-site Mitigation Properties).
City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Completion
of the HMMP to the satisfaction
of CDFW
Schedule – Pre-construction
MM BIO-2: Protect Special Status Plants
If more than three years pass between the existing botanical survey (first survey completed in April 2021 and second survey completed in July 2021), then the Project Area shall be resurveyed for special-status plant species prior to construction occurring. Up to two surveys may occur and shall be completed during the appropriate blooming time (spring and/or summer) for the target species prior to construction.
If surveys determine that special status species (CRPR 1 or 2, or CRPR 3 or 4 species with regionally limited distribution) are present within the PSB, these plants shall be avoided to the extent feasible. If avoidance is not feasible, they shall be conserved by measures appropriate for the individual species which may include methods such as plant relocation, seed collection and/or nursery plant propagation for reestablishment in suitable habitat as close to the impact as is feasible. A restoration and monitoring plan to meet specific success criteria for reestablished plants shall be developed in coordination with CDFW.
City and City’s biologist Performance criteria – California Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Completion
and documentation of survey, if
necessary
Schedule – Pre-construction
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 4 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
MM BIO-3: Protect Special Status Bats
The City shall implement the following measures to protect special status bats.
To the extent practical, remove trees only during seasonal periods of bat activity (when bats are volant, i.e., able to leave roosts) between March 1 and April 15 or September 1 and October 15, when evening temps rise about 45 F, and when no rainfall greater than ½ inches has occurred in the last 24 hours.
If trees or structures cannot be removed during the volant period, (i.e., Project activities occur during the bat maternity season which generally occur April 16th through August 30th), a qualified bat biologist shall conduct surveys within suitable habitat for special status bats.
Survey methodology shall include visual examination with binoculars and may optionally utilize ultrasonic detectors to determine if special status bat species utilize the vicinity.
Surveys shall be conducted by a qualified biologist within seven days prior to construction in any areas where potential maternity roosts may be disturbed/removed. The preconstruction surveys for bats may coincide with pre-construction surveys for other animals.
Surveys shall include a visual inspection of the impact area and any large trees/snags with cavities or loose bark or crevices within infrastructure. If the presence of a maternity roost is confirmed, an appropriate buffer distance would be established in consultation with CDFW to ensure that construction noise would remain below disturbance thresholds for bats. If no bat utilization or roosts are found, then no further study or action is required. If bats are found to utilize the Project Area, or presence is assumed, a bat specialist should be engaged to advise the best method to prevent impact.
Project-related lighting shall be minimized if any construction occurs at night, either contained within structures or limited by appropriate reflectors or shrouds and focused on areas needed for safety, security, or other essential requirements.
City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Completion
and documentation of surveys, if
necessary
Schedule – Pre-construction and
during construction; verify
applicable disturbance buffers
and protection measures are
implemented
MM BIO-4: Protect Special Status, Migratory and Nesting Birds Ground disturbance and vegetation clearing shall be conducted, if possible, during the fall and/or winter months and outside of the avian nesting season (which is generally assumed to occur between March 15 – August 15) to avoid any direct effects to special-status and protected birds. If ground disturbance or vegetation clearing cannot be confined to the fall and/or winter outside of the nesting season, a qualified ornithologist shall conduct preconstruction surveys within the PSB and immediate vicinity, to check for nesting activity of native birds and to evaluate the site for presence of raptors and special status bird species.
The ornithologist shall conduct at minimum a one-day pre-construction survey within the seven-day period prior to vegetation removal and ground-disturbing activities. If ground disturbance and vegetation removal work lapses for seven days or longer during the nesting City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Verify that
protection and avoidance
measures are in final
specifications; verify completion
and documentation of surveys, if
necessary
Schedule – Pre-construction and
during construction; verify
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 5 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
season, a qualified ornithologist shall conduct a supplemental avian pre-construction survey before project work is reinitiated.
If active nests are detected within the construction footprint or immediately adjacent to construction activities within the Project Area, the ornithologist shall flag a buffer around each nest. Construction activities shall avoid nest sites until the ornithologist determines that the young have fledged or nesting activity has ceased. In general, the buffer size for common species would be determined on a case-by-case basis in consultation with the CDFW and, if applicable, with USFWS. Buffer sizes would consider factors such as (1) noise and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity; (2) distance and amount of vegetation or other screening between the construction site and the nest; and (3) sensitivity of individual nesting species and behaviors of the nesting birds.
If an active nest is found, the qualified ornithologist would determine the extent of an appropriate construction free buffer zone to be established around the nest and/or operational restrictions in consultation with the CDFW. Buffer zones would be delineated with flagging and maintained until the nests have fledged or nesting activity has ceased.
Buffer sizes would take into account factors such as: (1) highway and other ambient noise levels, (2) distance from the nest to the highway and distance from the nest to the active construction area, (3) noise and human disturbance levels at the construction-site at the time of the survey and the noise and disturbance expected during the construction activity, (4) distance and amount of vegetation or other screening between the construction-site and the nest, and (5) sensitivity of individual nesting species and behaviors of the nesting birds. applicable disturbance buffers
and protection measures are
implemented
MM BIO-5: Protect Willow Flycatcher
If riparian vegetation near Broaddus Creek, Baechtel Creek, and/or Haehl Creek is removed prior to August 15, a non-protocol survey will be implemented to evaluate Willow Flycatcher habitat within the riparian disturbance area(s). If an active nest is found, the qualified ornithologist would determine the extent of an appropriate construction free buffer zone to be established around the nest and/or operational restrictions in consultation with the CDFW. Buffer zones would be delineated with flagging and maintained until the nests have fledged or nesting activity has ceased. Buffer sizes would take into account factors such as:
(1) highway and other ambient noise levels, (2) distance from the nest to the highway and distance from the nest to the active construction area, (3) noise and human disturbance levels at the construction-site at the time of the survey and the noise and disturbance expected during the construction activity, (4) distance and amount of vegetation or other screening between the construction-site and the nest, and (5) sensitivity of individual nesting species and behaviors of the nesting birds. Removal of riparian vegetation after August 15 will not require pre-construction Willow Flycatcher surveys.
City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Verify that
protection and avoidance
measures are in final
specifications; verify completion
and documentation of surveys, if
necessary
Schedule – Pre-construction and
during construction; verify
applicable disturbance buffers
and protection measures are
implemented
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 6 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
MM BIO-6: Protect Special Status Amphibians and Reptiles No more than one week prior to commencement of ground disturbance within 50 feet of suitable reptile and/or amphibian habitat (e.g., creeks, riparian areas, wetlands, damp meadows), a qualified biologist shall perform a pre-construction survey for Western Pond Turtles, Northern Red-legged Frogs, Foothill Yellow-legged Frogs, or Red-bellied Newt and shall relocate any individuals or egg masses that occur within the work-impact zone to nearby suitable habitat.
If a Western Pond Turtle, Northern Red-legged Frog, Foothill Yellow-legged Frog or Red-bellied Newt (or other special status amphibian or reptile) is observed in an active construction zone, the contractor shall halt construction activities in the immediate area where observed, and the individual shall be moved to a safe location with similar habitat outside of the construction zone.
City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Verify
requirements are in final
specifications; verify completion
and documentation of surveys, if
necessary
Schedule – Pre-construction and
during construction; verify
applicable protection measures
are implemented
MM BIO-7: Protection of Water Quality and Wetlands
The following activities shall be implemented during construction:
Erosion control measures shall be included on the 100% design plan set for areas of ground disturbance in and adjacent to Waters of the U.S. and State. Erosion control measures shall be implemented to reduce potential water quality degradation, dust, or erosion to areas adjacent to construction activities.
Exclusion fencing shall be installed around the three creeks, and wetlands and SNCs to be avoided. The exclusion fencing locations shall be included on the 100% design plan set for construction.
Equipment shall be cleaned of deleterious materials before being delivered to the job site.
Equipment shall be staged and materials shall be stockpiled outside riparian habitat and wetlands.
Refuelling shall not occur within 100 feet of Waters of the U.S. or State.
Impacts to herbaceous cover shall be offset by reseeding any unvegetated and impacted areas with a suitable seed mixture post-construction.
Fueling trucks shall always be equipped with sealed spill kits.
Spill containment booms shall be available on-site at all times during construction, staging of equipment or fueling when work occurs over live waterbodies (such as during bridge installations).
Any construction equipment operating adjacent to or over a stream shall be inspected daily for leaks. Any oil, fuel, and grease residue that has the potential to fall from machinery shall be removed and properly disposed of.
City and City’s contractor Performance criteria – City, state, and federal standards, consistent
with the project’s permits
Reporting actions – Verify that
protection and avoidance
measures are in final
specifications
Schedule – During construction;
check jobsite compliance as
necessary
EXHIBIT A
City of Willits - Willits Rail with Trail Project | Mitigation Monitoring and Reporting Program 7 Environmental Protections Actions (EPA) and Mitigation Measures (MM) Monitoring Responsibility Monitoring/Reporting Action & Schedule
Verification
(Initials/Date)
MM BIO-8: Protect Habitat, and Avoid and Offset Permanent Impacts to Riparian, SNC and Mature Tree Habitat
Prior to beginning work on the Project, all crew and team members that work on-site shall attend an environmental awareness training conducted by a qualified biologist detailing the mitigation measures to be implemented to protect sensitive resources.
Where possible, impacts to riparian and SNC habitat shall be avoided. Ground disturbance and vegetation clearing and/or trimming would be confined to the minimum area necessary to facilitate Project implementation. Project activities would be restricted to the Project footprint. A qualified biologist would identify and mark all SNCs in the BSA adjacent to the Project footprint prior to any construction activities.
Vegetation that is removed temporarily disturbed during construction shall be replanted and restored in the same general footprint where it was removed, with similar or regionally appropriate native species.
To offset permanent unavoidable impacts (i.e., displacement of riparian habitat, SNCs and mature trees), revegetation of the lost resources shall occur along the trail as close to the area of impact as feasible. Riparian and SNC vegetation shall be planted adjacent to existing riparian and valley oak woodland alliance habitat in order to enlarge existing habitat. If feasible, trees to replace the mature trees shall be replanted in reasonably close proximity to the area of impact.
Riparian habitat, SNCs and mature trees shall be mitigated for at a ratio of 4 to 1 to the satisfaction of jurisdictional resource agencies. Revegetation shall occur within the Project Area when possible, or if not possible, within a suitable City-owned off-site mitigation property (see Figure 7, Potential Off-site Mitigation Properties).
A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared in coordination with jurisdictional permitting agencies for mitigation of biological resources. The HMMP shall be acceptable to jurisdictional permitting agencies and include the following elements: proposed mitigation ratios; description and size of the restoration or compensatory area; site preparation and design; plant species; planting design and techniques; maintenance activities; plant storage; irrigation requirements; success criteria; five-year monitoring schedule; reporting plan and schedule; and remedial measures. The Plan shall be implemented by the City. All revegetation shall uphold the City’s Urban Forestry Management Plan (anticipated to be adopted in 2022), including Strategies 1.1, 1.2 and 2.2 and Objectives 1.1a, 1.1b, 1.1d, 1.1e,
1.2b, 2.2a, and 2.2b.
City and City’s biologist and
contractor
Performance criteria – California
Department of Fish and Wildlife
(CDFW) standards
Reporting actions – Verify
requirements are in final
specifications; verify completion
and documentation of training
Schedule – Pre-construction,
during construction, and postconstruction; verify applicable habitat mitigation and monitoring
is implemented; check jobsite
compliance as necessary
MM BIO-9: Implement Compensatory Mitigation for Wetlands The City shall compensate for wetlands impacts through restoration, rehabilitation, and/or creation of wetland at a ratio of no less than 1.2:1 and to the satisfaction of the City and permitting agencies. A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared in City and City’s biologist and
contractor
Performance criteria – City, state,
and federal standards, consistent
with the project’s permits
EXHIBIT A
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(Initials/Date)
coordination with jurisdictional permitting agencies. Compensation for wetlands shall occur so there is no net loss of wetland habitat at ratios to be determined in consultation with and to the satisfaction of jurisdictional permitting agencies. Temporarily impacted wetlands shall be restored in place as part of the Project.
The HMMP shall be acceptable to jurisdictional permitting agencies and include the following elements: proposed mitigation ratios; description and size of the restoration or compensatory area; site preparation and design; plant species; planting design and techniques; maintenance activities; plant storage; irrigation requirements; success criteria; five-year monitoring schedule; reporting plan and schedule; and remedial measures. The Plan shall be implemented by the City. Wetland compensation shall occur within the Project Area when possible, or if not possible, within a suitable City-owned off-site mitigation property (see Figure 7, Potential Offsite Mitigation Properties).
Reporting actions – Verify
requirements are in final
specifications; verify completion
of HMMP
Schedule – Pre-construction,
during construction, and postconstruction; verify applicable compensatory mitigation is
implemented; check jobsite
compliance as necessary
Cultural Resources
MM CR-1: Protect Contributing Elements of Eligible Historic Resources The City and/or its contractors shall implement the following requirements to protect Resource P-23-000336 and Resource P-23-001890:
The final 100% design shall avoid alteration of the recorded rail system and appurtenances to the greatest degree possible.
The final 100% design for the Project shall not alter contributing component features of Resource P-23-000336 and Resource P-23-001890 (Features RA2, RA3, the three RA3 bridges, and the RA2 bridge over Broaddus Creek) in a manner that demolishes or materially alters those physical characteristics that justify its inclusion in the California Register of Historical Resources. Thus, the RA2 and RA3 tracks shall not be removed.
If the final 100% design for the trail must cross the RA2 and/or RA3 mainstem lines, the portion of the trail that physically engages the railroad prisms may cover, coincide, or align directly on top of RA2 and/or RA3 but must be completely removable.
Bridges constructed or altered must be congruent with the character and feeling of the surrounding historic viewshed. Bridge construction and alterations shall visually resemble a steel through-truss with raw steel patination.
Prior to the removal of the railroad track associated with Features RA1, RA4, and/or RA5, the City shall record each resource prior to removal or alteration on Department of Parks and Recreation 513 forms. Feature elements removed from RA1, RA4, and/or RA5 shall be incorporated into the final 100% design for interpretative purposes.
City and City’s contractor Performance criteria – City, state, and federal standards
Reporting actions – Verify
requirements are in final plans
and specifications; verify
completion of DPR 513 forms, if
necessary
Schedule – Pre-construction and
during construction; verify
applicable protection measures
are implemented
EXHIBIT A
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(Initials/Date)
MM CR-2: Archaeological Monitoring and Inadvertent Discovery During Ground Disturbance
The City of Willits shall retain a qualified archaeologist to conduct archaeological monitoring during ground disturbance at or below the base of the railroad grade prism in Segment 6 and Segment 7. If any subsurface archaeological features or deposits, including locally darkened midden soil, are discovered during construction-related earth-moving activities, all grounddisturbing activity in the vicinity of the resource shall be halted, a qualified professional archaeologist shall be retained to evaluate the find, and the appropriate tribal representative(s) shall be notified.
If cultural materials for example: chipped or ground stone, historic debris, building foundations, or bone are discovered during ground-disturbance activities, work shall be stopped within 66 feet of the discovery, per the requirements of CEQA (Revised Guidelines, Title 14 CCR 15064.5 (f)). Work near the archaeological finds shall not resume until a professional archaeologist, who meets the Secretary of the Interior’s Standards and Guidelines, has evaluated the materials and offered recommendations for further action. Tribal representatives shall be notified.
City and City’s archaeologist and
contractor
Performance criteria – City, state,
and federal standards
Reporting actions – Verify
requirements are in final
specifications; verify completion
of archaeological monitoring;
verify completion of noticing as
detailed in MM CR-2 upon
inadvertent discovery
Schedule – During construction;
verify completion of
archaeological monitoring as
detailed in MM CR-2
MM CR-3: Protect Human Remains if Encountered During Construction If human remains are discovered during project construction, work would stop at the discovery location, within 66 feet, and any nearby area reasonably suspected to overlie adjacent to human remains (PRC, Section 7050.5). The Coroner would be contacted to determine if the cause of death must be investigated. If the Coroner determines that the remains are of Native American origin, it is necessary to comply with State laws relating to the disposition of Native American burials, which fall within the jurisdiction of the NAHC (PRC, Section 5097). The Coroner would contact the NAHC. The descendants or most likely descendants of the deceased would be contacted, and work would not resume until they have made a recommendation to the landowner or the person responsible for the excavation work for means of treatment and disposition, with appropriate dignity, of the human remains and any associated grave goods, as provided in PRC, Section 5097.98.
City and City’s archaeologist and
contractor
Performance criteria – City, state,
and federal standards
Reporting actions – Verify
inclusion of language in final
plans and specifications
Schedule – During construction;
verify completion of protection
measures and notifications, if
inadvertent discovery
Geology and Soils
MM GEO-1: Inadvertent Discovery of Paleontological Resources If fossils are encountered during construction (i.e., bones, teeth, or unusually abundant and well-preserved invertebrates or plants), the City and its contractor shall divert construction activities away from the discovery within 50 feet of the find, and a professional paleontologist shall be contracted to document the discovery as needed, to evaluate the potential resource, and to assess the nature and importance of the find. Based on the scientific value or uniqueness of the find, the paleontologist may record the find and allow work to continue, or recommend salvage and recovery of the material, if it is determined that the find cannot be City and City’s contractor Performance criteria – City, state, and federal standards
Reporting actions – Verify
inclusion of language in final
plans and specifications
Schedule – During construction;
verify completion of protection
EXHIBIT A
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Verification
(Initials/Date)
avoided. The paleontologist shall make recommendations for any necessary treatment that is consistent with currently accepted scientific practices. Any fossils collected from the area shall then be deposited in an accredited and permanent scientific institution where they would be properly curated and preserved.
measures and notifications, if
inadvertent discovery
Hazards and Hazardous Materials
MM HAZ-1: Implement Corridor Study Recommendations
The City shall complete the following requirements to implement the Corridor Study recommendations:
A Sampling Analysis Plan (SAP) shall be prepared by the City or its contractor to define sample locations, boring depths based upon design, estimated soil volumes, and number of borings to adequately pre-characterization project alignment soils and/or groundwater. The SAP shall include pre-characterization of soil and groundwater for potential constituents of concern (COCs), and shall include an assessment of CAM-17 metals and petroleum hydrocarbons prior to initiating construction activities. The SAP shall further include specifications for surficial samples that will be collected to the proposed depth of excavation in the areas where ground disturbing activities are proposed.
Prior to construction of the Project, pre-characterization shall be conducted at SAP identified locations and in proximity to adjoining properties with a hazard ranking of 1 or 2 within the limits of planned ground disturbance for worker protection and waste characterization.
If pre-characterization analysis results determine COCs above regulatory background thresholds for human and environmental health exposure, then a site-specific Soil and Groundwater Management (SGMP) shall be prepared to address proper handling of potentially impacted soil and groundwater prior to waste stream characterization, proper disposal, and handling requirements for worker protection. The SGMP shall proactively plan for and manage potentially encountered hazardous materials affected soils, and to provide special soil and groundwater handling and stockpiling details throughout the Project Area construction areas for worker protection, final waste disposal purposes and to mitigate potential project construction delays. The SGMP shall reference the Corridor Study, Sampling Analysis Plan, and any existing soil and or groundwater data available. Key elements of the SGMP will include management options for excavated soils, waste characterization options for excavated soils, areas of impact soil and or groundwater, sampling strategy for stockpiled soils, special handling requirements, record keeping, and HAZWOPER training. The SGMP shall indicate the specific level of protection required for construction workers and include preparation of a site-specific health and safety plan in accordance with federal OSHA regulations (29 CFR 1910.120) and Cal-OSHA regulations City and City’s contractor Performance criteria – City and state standards
Reporting actions – Verify
requirements are in final
specifications; verify completion
of SAP; verify completion of
SGMP and SESTP, if applicable
Schedule – Pre- and during
construction; verify requirements
are implemented; check jobsite
compliance as necessary
EXHIBIT A
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(Initials/Date)
(8 CCR Title 8, Section 5192) to address worker health and safety issues during construction.
Where Project construction design proposes to include demolition or deconstruction of existing structures (bridges), subsequent pre-demolition hazard materials sampling shall occur for asbestos and lead at locations where structural demolition would occur.
A Soil Excavation, Stockpiling and Transportation Plan (SESTP) shall be prepared once the areas of Project ground disturbance are confirmed and prior to construction. The SESTP will specify measures to appropriately manage soil spills during Project construction for waste characterization, worker protection, fugitive emissions control and disposal.
Alternatively, soil spoils can be initially field screened (visual, olfactory, photo-ionization detector, etc.) and stockpiled, then subsequently characterized for appropriate disposal methods according to applicable waste facility requirements.
If construction activities include dewatering, and if laboratory analysis of pre-construction soil borings indicate elevated total and Soluble Threshold Limit Concentration (STLC) concentrations of 1,000 ppm and 5 mg/L, respectively, then dewatered groundwater will be stored in tanks, and characterized for waste disposal or permitted for treatment and discharge to sanitary sewer, storm drain, or land.
All potentially contaminated materials encountered during Project construction activities shall be evaluated in the context of applicable local, state and federal regulations and/or guidelines governing hazardous waste. All materials deemed to be hazardous shall be remediated and/or disposed of following applicable regulatory agency regulations and/or guidelines. Disposal sites for both remediated and non-remediated soils shall be identified prior to beginning construction. Management of these sites shall be documented in a Material Management Plan acceptable to applicable agencies. All evaluation, remediation, treatment, and/or disposal of hazardous waste shall be supervised and documented by qualified hazardous waste personnel.
MM HAZ-2: Reduce Wildland Fire Hazards During Construction Prior to construction, the City and its contractor(s) shall remove and/or clear away dry, combustible vegetation from the construction site. Grass and other vegetation less than 18 inches in height above the ground shall be maintained where necessary to stabilize the soil and prevent erosion. Vehicles shall not be parked in areas where exhaust systems contact combustible materials. Fire extinguishers shall be available on the construction site to assist in quickly extinguishing any small fires. The contractors shall have on site the phone number for the local fire department(s) and local Cal Fire station.
City and City’s contractor Performance criteria – City
standards
Reporting actions – Verify that
protection and avoidance
measures are in final plans or
specifications
Schedule – Pre- and during
construction; check jobsite
compliance as necessary
EXHIBIT A
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(Initials/Date)
Noise
MM NOI-1: Reduce Nighttime Construction Noise Levels
If nighttime construction is required for the Project, the City and its contractor shall implement best management practices to reduce construction noise levels emanating from construction activities and minimize disruption and annoyance at existing noise-sensitive receptors in the project vicinity. Specific measures that can be feasibly implemented to include, but are not limited to, the following:
Provide advance notice to nearby residents within 250 feet prior to starting nighttime work, with information regarding anticipated schedule, hours of operation and a project contact person.
A designated project liaison shall be responsible for responding to and resolving noise complaints.
Best available noise control practices (including mufflers, intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds) shall be used for equipment and trucks to minimize construction noise impacts.
Stationary noise sources shall be located as far from sensitive noise receptors as feasible. If they must be located near receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used. Enclosure openings or venting shall face away from sensitive noise receptors.
Schedule work and deliveries to minimize noise-generating activities during nighttime hours at work sites (e.g., no deliveries or non-essential work).
To the extent consistent with applicable regulations and safety considerations, operation of vehicles requiring use of back-up beepers shall be avoided near sensitive receptors during nighttime hours and/or, the work sites shall be arranged in a way that avoids the need for any reverse motions of large trucks or the sounding of any reverse motion alarms during nighttime work. If these measures are not feasible, trucks operating during the nighttime hours with reverse motion alarms shall be outfitted with SAE J994 Class D alarms (ambientadjusting, or “smart alarms” that automatically adjust the alarm to 5 dBA above the ambient near the operating equipment).
City and City’s contractor Performance criteria – City
standards
Reporting actions – Verify
requirements are in final
specifications; verify completion
of noticing as detailed in MM
NOI-1 if nighttime construction is
necessary
Schedule – Pre- and during
construction; verify applicable
best management practices are
implemented; check jobsite
compliance as necessary
Item No. 3d
Meeting Date: April 27, 2022
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: Brian Bender, City Manager
Agenda Title: DISCUSSION AND POSSIBLE ACTION TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE ADDING CHAPTER 8.26 OF THE WILLITS MUNICIPAL CODE REGARDING LICENSURE OF TOBACCO RETAILERS (THE ACTION REPEALS CHAPTER 8.24 OF THE WILLITS MUNICIPAL CODE).
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 20 minutes Summary of Request: After several delays over the recent weeks, the City Council has the opportunity to review an ordinance configured to supplement the provisions listed in the existing Required Licensure of Tobacco Retailers - Willits Municipal Code 8.24. The Council is considering the merits of the proposed ordinance. The last delay allowed the County Board of Supervisors (BOS) to consider minor language changes before the BOS proceeded to adopt the ordinance. As explained during the City Council’s March 23rd meeting, the delay afforded the time to ensure the City’s ordinance version would contain consistent language.
The proposed ordinance has minor changes to the previous draft Tobacco Retail Ordinance reviewed by the City Council at its March 23rd meeting. The proposed changes to this new draft expand the prohibition of the sale of Flavored Tobacco Products by removing the exclusion of cigarettes from the definition to become consistent with many other jurisdictions in California. Additionally, all references to “Youth Decoys” are replaced with the term “Young Adult Decoys” to reflect the focus of the State prevention programs on the demographic of young adults, and not just minors. Finally, the definition of “Agency” identifies the Public Health Department and removes reference to Health and Human Services.
Staff advises the proposed ordinance will place City retailers at an economic disadvantage compared to comparable businesses located in the other three municipalities and the Native American Reservations.
Recommended Action: Introduce and waive the first reading of an ordinance and consider all public comments before proceeding to the ordinance adoption process.
Alternative(s): None.
Fiscal Impact: The proposed ordinance triggers minimum organizational expenses.
Personnel Impact: Minimum since staff will coordinate implementation and enforcement actions with County staff.
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources Risk
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILLITS, CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.24 OF THE CITY OF WILLITS MUNICIPAL CODE WITH CHAPTER 8.26 REGARDING LICENSURE OF TOBACCO RETAILERS.
The City Council of the City of Willits, State of California, ordains as follows:
SECTION I. FINDINGS AND DECLARATIONS:
WHEREAS, four out of five children who use tobacco started with a flavored tobacco product; and
WHEREAS, according to a Report of the Surgeon General, internal tobacco industry documents show that the industry uses flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under the age of 18; and WHEREAS, the results of a California Statewide survey among students in 2018 by the Center for Research and Intervention in Tobacco Control indicate that flavored electronic smoking products are mainly responsible for a rapid increase in youth and young adult tobacco use; and WHEREAS, according to a fact sheet on Menthol and Cigarettes published by the California Department of Public Health, menthol flavorings are more popular with young smokers based on a national study finding that 54.5% of high school and 48.4% of middle school users of tobacco products smoke menthol cigarettes (as compared to 30-35% of adults); and WHEREAS, within a statewide survey of high school students in 2017-2018, the Northern Region of California, including the County of Mendocino, has among the highest prevalence of tobacco use; and
WHEREAS, the results of the California Healthy Kids Survey for 2017-2019, indicate the rate of vape use among current tobacco users in Mendocino County are 9% for seventh grade, 22% for ninth grade, and 22% for eleventh grade.
NOW THEREFORE, it is the intent of the City Council of the City of Willits, in enacting this ordinance, to join numerous other California jurisdictions, which have adopted comprehensive flavor bans:
SECTION 2. Chapter 8.24 of the Willits Municipal Code entitled “Required Licensure of Tobacco Retailers” is hereby repealed and replaced with Chapter 8.26 entitled “Tobacco Retail Licensure” to read as follows:
Sec. 8.26.010 - Definitions.
The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
(a) “Agency” means the Mendocino County Public Health Department or the duly authorized designee of the Public Health Department.
(b) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm’s Length Transaction. (c) “Characterizing Flavor” means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product, including, but not limited to, tastes or aromas relating to any fruit, menthol, mint, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of the ingredient information.
(d) “Compliance Check” means the process in which the Agency sends a Young Adult Decoy into a Tobacco Retailer’s establishment to attempt to purchase a Tobacco Product. (e) “Electronic Nicotine Delivery Systems (ENDS)” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately and includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
(f) “Flavored Tobacco Product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
(g) ”Hearing Officer” means either a person assigned by the Agency to conduct a hearing pursuant to this Chapter, who is qualified by training and experience to conduct such an adjudicatory hearing, or an impartial Hearing Officer assigned by the City Manager or the City Manager's designee (hereafter, "the Manager"), who is not an employee or officer of the City, and who is qualified by training and experience to conduct such an adjudicatory hearing. (h) “Person” shall mean any person, firm, partnership, trust, estate, association, corporation, or organization of any kind. Where a principal act through an agent, the word "person" shall include both such principal and agent.
(i) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (j) “Tobacco paraphernalia” means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products.
(k) “Tobacco Product” means:
1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
2. Any Electronic Nicotine Device System (ENDS) that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. Including any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
3. Notwithstanding any provision of subsections 1. and 2. to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marked and sold solely for such an approved purpose.
(l) “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or Tobacco Products: "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or Tobacco Products sold, offered for sale, exchanged, or offered for exchange. (m) “Young Adult Decoy” shall refer to a participant in a compliance check who is under the minimum age required for purchase pursuant to state and federal laws, reasonably appears under the same minimum age and who has participated in the Public Health Department training for young adults involved with the tobacco control program compliance surveys.
Sec. 8.26.015 - Sales of Flavored Tobacco Product Prohibited. (a) It shall be a violation of this Chapter for any Tobacco Retailer or any of the Tobacco Retailer’s agent or employees to Sell or offer for Sale, or to possess with intent to Sell or offer for Sale, any Flavored Tobacco Product within the City of Willits.
(b) The payment of the license fee designated in Section 8.26.060 confers paid status upon a license for a term of one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the payment term. (c) A Person selling Tobacco Products within the City of Willits without a valid tobacco retailer license, including a Person whose privilege to sell tobacco products has been suspended or revoked:
1. Shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this provision shall constitute Tobacco Retailing without a license under Section 8.26.090 and will incur administrative fines in accordance with 8.26.100.
2. Shall not display any advertising relating to Tobacco Products that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (d) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City of Willits identified on the face of the permit. For example, nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code §6404.5.
(e) It is the responsibility of each Tobacco Retailer to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license.
No Retailer may rely on the issuance of a license as a determination by the Manager that the Retailer has complied with all laws applicable to Tobacco Retailing.
Sec. 8.26.030 - Application Procedure.
(a) Application for a Tobacco Retailer's license shall be submitted to the Manager in the name of each Person proposing to conduct retail tobacco sales and shall be signed by each Person or an authorized agent thereof on an annual basis. It is the responsibility of each Person to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Person may be revoked pursuant to Section 8.26.090(h) of this Chapter. All applications shall be submitted on a form supplied by the Agency and shall contain the following information:
1. The name, address, and telephone number of each Person.
2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's License is sought.
3. The name and mailing address authorized by each Person to receive all license-related communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Person shall be understood to consent to the provision of notice at the business address specified pursuant to subparagraph 2 above.
4. Whether or not any Person has previously been issued a City of Willits license pursuant to this Chapter, or former Chapter 8.24, that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.
5. Such other information as the Manager deems necessary for the administration or enforcement of this ordinance.
(b) All licensed Tobacco Retailers shall inform the Manager in writing of any change in the information submitted on the application for a Tobacco Retailer’s license within 14 days of a change.
Sec. 8.26.040 - Issuance of License.
Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Manager shall issue a license unless substantial evidence demonstrates one or more of the following bases for denial exists:
(a) The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. (b) The application seeks authorization for Tobacco Retailing by a Person for which or whom a suspension is in effect pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24; or by a Person which or who has had a license revoked pursuant to Section 8.26.090 of this Chapter or former Chapter 8.24.
(c) The Tobacco Retailer at the time of the application is indebted to the City for any delinquent license fees or fines pursuant to this Chapter, unless such licensee, with the consent of the Manager enters into a written agreement with the City to pay such delinquent fees in at least monthly installments extending over a period not to exceed one year and is current with said installment payments.
(d) The Tobacco Retailer has violated this Chapter or any other tobacco control law three (3) or more times within the previous sixty (60) months.
Sec. 8.26.050 - Display of License.
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
Sec. 8.26.060 - Fees for License.
The fee to issue or to renew a Tobacco Retailer's license shall be paid annually and shall be established by resolution of City Council of the City of Willits. The fee shall be calculated so as to recover the cost of administration and enforcement of this Chapter, including, for example, issuing a license, administering the license program, and if applicable, retailer education, retailer inspection and compliance checks, documentation of violations, and enforcement, but shall not exceed the cost of the regulatory program authorized by this Chapter. Annual fees shall not be pro-rated or refunded during the course of the year. The City may charge a re-inspection fee to offset the additional staff time required to handle non-compliant businesses. Additional inspections thereafter will be billed based on actual costs incurred.
Sec. 8.26.070 - Licenses Nontransferable.
A Tobacco Retailer's license is nontransferable from one Person to another or from one location to another. Whenever a Tobacco Retailing location has a change in ownership, a new Tobacco Retailer’s license is required.
Sec. 8.26.080 - License Violation.
VIOLATION OF LAWS RELATED TO TOBACCO PRODUCTS. It shall be a violation of a Tobacco Retailer's license for a Person or his or her agent or employee to violate any local, state, or federal tobacco-related laws regarding the sales, advertising or display of Tobacco Products, including, but not limited to, the Stop Tobacco Access to Kids Enforcement Act (“STAKE Act”), California Businesses and Professions Code section 22958, and California Penal Code section 308.
Sec. 8.26.085 - Compliance Monitoring.
The City anticipates that compliance checks of each Tobacco Retailer will be conducted at least two (2) times during each twelve-month period by the Agency or its designee(s). Retailers may be subject to additional inspections based on random selection, past violation(s) or complaints.
Nothing in this paragraph shall create a right of action in any licensee or other Person against the City, the Agency or their agents. Compliance checks shall be carried out in an effort to enforce any local, state or federal law related to tobacco sales, especially those related to a minimum age for tobacco purchases or possession.
The City shall not enforce any tobacco-related minimum age law against a person who otherwise would be in violation of such law because of the person's age (hereinafter "Young Adult Decoy") if the violation occurs when:
(a) the Young Adult Decoy is participating in a compliance check supervised by a law enforcement official, a code enforcement official, or any peace officer; or (b) the Young Adult Decoy is participating in a compliance check funded or supervised in any part by the County, the City, or, funded or supervised in any part by the California Department of Health Services.
Sec. 8.26.090 - Suspension, Termination or Revocation of License. (a) TOBACCO RETAILING WITHOUT A VALID LICENSE. In addition to any other penalty authorized by law, including the application of Administrative Fines under Section 8.26.100, if the City finds based on a preponderance of the evidence, after notice and an opportunity to be heard pursuant to section 8.26.090(d) that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows:
1. After a first violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until one (1) year has passed from the date of the violation.
2. After a second violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until three (3) years have passed from the date of the violation.
3. After a third violation at a location within any sixty (60) month period, no new license may be issued for the Person or the location unless ownership of the business at the location has been transferred in an Arm’s Length Transaction.
(b) VIOLATION OF MINIMUM AGE LAWS RELATED TO TOBACCO PRODUCTS:
SUSPENSION, REVOCATION. In addition to any other remedy authorized by law after notice and opportunity to be heard pursuant to section 8.26.090(d), a Tobacco Retailer’s license may be suspended or revoked as provided in this section if the Manager finds, based on a preponderance of the evidence, that the licensee, or any of the licensee’s agents or employees, has violated tobacco-related laws as indicated in Section 8.26.80. A Tobacco Retailer shall also be charged the following fines. All administrative penalties resulting from violation of this Chapter and collected by the City shall be maintained in a fund specifically designated for compliance monitoring, enforcement efforts and education related to the sale of Tobacco Products to youth.
1. Upon a finding by the City of a first license violation within any thirty-six (36) month period, the Person shall receive a letter of reprimand from the City which shall advise the Person that if the Person trains all sales employees at the location of the sale in the laws pertaining to the sale of Tobacco Products to persons under the minimum age allowed by state law to purchase Tobacco Products, and techniques to ensure future compliance, no penalty will be imposed.
Person must submit to the Manager, within 30 days, an affidavit signed by Person and the sales employees that said training has been completed. If Person fails to timely submit the affidavit, City shall impose a fine of one thousand dollars ($1,000.00) for a first violation in any thirty-six (36) month period.
2. Upon a finding by the City of a second license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of two thousand dollars ($2,000.00) and the Person's license shall be suspended for twenty-one (21) days.
3. Upon a finding by the City of a third license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of five thousand ($5,000.00) and the Person's license shall be suspended for sixty (60) days.
4. Upon a finding by the City of a fourth license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of ten thousand dollars ($10,000.00) and the Person's license shall be suspended for one hundred eighty (180) days.
5. Upon a finding by the City of a fifth or subsequent license violation within any thirty-six (36) month period, the Tobacco Retailer shall pay a fine of twenty thousand dollars ($20,000.00) and the Person's license shall be revoked for not less than one year. (c) NO DISPLAY OR ADVERTISING. During any period of suspension or revocation the licensee:
1. Shall remove all Tobacco Products from public view. Failure to do so shall result in an administrative fine pursuant to Section 8.26.100, with each day constituting a separate violation.
2. Shall not display any advertising relating to Tobacco Products that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location. Failure to do so shall result in an administrative fine pursuant to Section 8.26.100, with each day constituting a separate violation.
(d) NOTICE OF INTENDED DECISION. Upon the existence of any of the grounds for ineligibility, denial, suspension, or revocation of a license pursuant to this chapter, the City shall issue to the license applicant or holder a notice of intended decision. The notice of intended decision shall state the grounds upon which the denial, revocation, or suspension is based. The notice of intended decision shall specify the effective date of the action. The notice of intended decision shall advise the license applicant or holder that the suspension or revocation shall become final unless the person files a written request for administrative review within 10 calendar days of the date of service of the notice of intended decision.
(e) SERVICE PROCEDURES. The City’s decision to impose a suspension or revocation may be served by personal service or by certified mail, postage prepaid with a return receipt requested.
Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first-class mail will be addressed to the Tobacco Retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered.
In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first-class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(f) TERMINATION OF LICENSE FOR FAILURE TO PAY RENEWAL FEES. A Tobacco Retailer's license which is not timely renewed pursuant to §8.26.020(b) shall automatically be deemed terminated by operation of law.
(g) REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under §8.26.040 existed at the time application was made or at any time before the license issued. The decision by the City shall be the final decision of the City. The revocation shall be without prejudice to the filing of a new application for a license. (h) REVOCATION OF LICENSE OBTAINED UNDER FALSE PRETENSES. Tobacco Retailers whose licenses are obtained under false pretenses shall have their license revoked. This revocation shall be with prejudice. One calendar year must elapse between any revocation pursuant to this subsection and any subsequent application. (i) APPEAL OF SUSPENSION, PENALTIES OR REVOCATION. Requests for appeal must be filed with the City within ten (10) calendar days from the date of a properly served decision under 8.26.090(e). With respect to suspensions or revocations, if such an appeal is timely made it shall stay enforcement of the appealed action. An appeal is not available for a revocation made pursuant to 8.26.090(f) above. The City may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Chapter; provided a timely appeal has been filed. Settlements shall not be confidential.
Sec. 8.26.100 - Administrative Fine.
(a) GROUNDS FOR FINE. If the City finds, based on a preponderance of the evidence, that any unlicensed person, including a person named on a revoked or suspended license, has engaged in Tobacco Retailing without a valid license, including the failure to remove Tobacco Products from public view and failure to remove advertising promoting the sale of Tobacco Products, the City shall fine that Person:
1. a fine not exceeding one hundred dollars ($100) for a first violation in any thirtysix (36) month period; or
2. a fine not exceeding two hundred dollars ($200) for a second violation in any thirty-six (36) month period; or
3. a fine not exceeding five hundred dollars ($500) for a third or subsequent violation in any thirty-six (36) month period. Each and every day a violation of this provision exists shall constitute a separate violation. (b) NOTICE OF VIOLATION. A notice of violation and of intent to impose a fine shall state the basis of the City's determinations as identified below and include an advisement of the right to appeal. Any appeal must be made in accordance with the procedure identified in Section 8.26.105 below. The notice of violation shall contain the following:
1. The name and address of the responsible Tobacco Retailer;
2. The basis of the City’s determinations;
3. A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;
4. A statement explaining that the fine is effective immediately with the understanding that any subsequent Notice of Violation would be considered a repeat violation subject to a higher penalty;
5. Identification of appeal rights, including the time within which the Notice of Violation may be contested.
(c) SERVICE OF NOTICE OF VIOLATION. The notice of violation and of intent to impose a fine may be served by personal service or by certified mail, postage prepaid with a return receipt requested. Simultaneously, the decision may be sent by first class mail, postage prepaid with certificate of mailing requested. Certified and first-class mail will be addressed to the Tobacco Retailer at the address shown on the license application. If the decision is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first claim mail, provided the decision sent by first class mail is not returned by the United States Postal Service undelivered. In the case of service by certified mail for which a signed receipt is returned, the date of service shall be the date of signing of the receipt. In the case of service by regular first-class mail, the date of service shall be the date upon which such mail was deposited in the United States Mail with postage prepaid, plus five days.
(d) IMPOSITION OF FINE. If no appeal is timely received, the City's determination on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the Person or Persons subject to the fine shall also be liable for the costs of the suit and attorney's fees incurred by the City in collecting the fine. (e) FAILURE TO PAY FINE. The City may impose any remedy authorized by law to collect the administrative fine if not paid timely pursuant to the provisions of this Chapter.
Sec. 8.26.105. Appeal Procedure.
Whenever this Chapter provides for a right to appeal, the recipient must give notice to the City within 10 calendar days from the date of service by providing a document in writing, bearing the title, “Appeal of Tobacco Retail Decision”, containing the name, address, and phone number of the appellant and the grounds on which the decision is being contested. (a) The notice of appeal shall be accompanied by an advance deposit in the amount of the total administrative penalty. If the City Council has established a hearing fee, the hearing fee shall also be provided.
(b) Any notice of appeal filed without providing the advance deposit and hearing fee (if applicable) shall be deemed incomplete.
(c) The City, upon receiving a timely and properly filed appeal, shall then cause the matter to be set for hearing before a Hearing Officer by notifying the Hearing Officer directly. (d) A hearing before a Hearing Officer shall be set for a date that is not less than ten (10) and not more than (30) days from the date that the notice of appeal is filed. (e) The Hearing Officer, or the Manager in cooperation with the Hearing Officer, shall notify the parties in writing, at least ten (10) days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.
(f) At the prescribed time and place, the Hearing Officer shall consider relevant evidence from all parties as to whether the violation of tobacco-related laws occurred. The City’s notice of violation, intended decision and any additional documents submitted by the City or by the Agency shall constitute prima facie evidence of the respective facts contained in those documents. (g) Parties may choose to be represented by an attorney. However, the Administrative Procedure Act (commencing with Government Code Section 11500) shall not be applicable to such hearing nor shall formal rules of evidence in civil or criminal proceedings be applicable. (h) The failure of any appellant to appear at the scheduled hearing shall constitute an abandonment of the appeal.
(i) The Hearing Officer may continue the hearing and request additional information from the parties prior to issuing a written decision.
(j) The City has the burden of proving by a preponderance of the evidence that the alleged violation occurred.
(k) Following conclusion of the hearing and based on the evidence before it, the Hearing Officer shall prepare a written decision that either grants or denies the appeal, contains findings of facts and conclusions of law in support of the Hearing Officer’s decision to impose fines, a license suspension, condition or some combination thereof. The Hearing Officer’s written decision shall be the final decision of the City and shall become final upon the date notice thereof is mailed to the appellant by certified mail.
(l) If the Hearing Officer determines that the Tobacco Retail Decision shall be upheld, then the fine amount identified, or as otherwise adjusted by the Hearing Officer, shall be immediately collectable by the City. If the Hearing Officer determines the Tobacco Retail Decision should not be upheld, the Hearing Officer shall order the Citation dismissed, and the City shall return the advance deposit.
(m) Any determination of the Hearing Officer shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5.
Sec. 6.20.110 - Enforcement.
The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. (a) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation. (b) In addition to the administrative enforcement procedures provided by this Chapter, violations of this ordinance may, at the discretion of the District Attorney, be prosecuted as misdemeanors. (c) Violations of this ordinance are hereby declared to be public nuisances. (d) Violations of this ordinance are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates. (e) In addition to other remedies provided by this Chapter or by other law, any violation of this ordinance may be remedied by a civil action brought by the City Attorney or the District Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (f) Any Person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future such violations or to recover such actual damages as he or she may prove. (g) Any person who is found to have violated this Chapter shall be liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in the correction, abatement, prosecution of, or administrative hearing, on the violation. Re-inspection fees to ascertain compliance with previously noticed violations shall be charged to the owner of the establishment and may be set by the City Council in the City's Master Fee Schedule.
Sec. 8.26.120 - Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Willits hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Willits, held on the 27th day of April, 2022, and passed and adopted at a regular meeting, held on the __ day of ____, 2022, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
SAPRINA RODRIGUEZ, Mayor
City Council of the City of Willits
ATTEST:
_________________________
DELORES PEDERSEN
City Clerk
APPROVED AS TO FORM:
________________________
H. JAMES LANCE
City Attorney
111 E. COMMERCIAL STREET
WILLITS, CALIFORNIA 95490
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