Item 05 - Offer of Dedication of Public Roads, City Highways and Public Utility Purposes at the intersection of Yucaipa Boulevard at Bryant Street Intersection and Environmental Review for Storm Drain Improvements

Agenda Item No. _ 5

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City En r br, Benjamin Matlock, Planning Manager/City Planner
Landon Kern, Assistant City Engineer
FOR: City Council Meeting of June 12, 2023
SUBJECT: Offer of Dedication for Public Roads, City highways and Public Utility Purposes at the intersection of Yucaipa Boulevard at Bryant Street Intersection and Environmental Review for Storm Drain Improvements
RECOMMENDATION:

That the City Council:
1) Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes at the intersection of Yucaipa Boulevard at Bryant Street as delineated on the attached Offer of Dedication; and
2) Find that the dedication and offsite drainage improvements in the public alley west of Bryant Street, between Yucaipa Boulevard and Acacia Avenue, are Categorically Exempt pursuant to Section 15301(c) of the CEQA guidelines, and direct staff to file a Notice of Exemption,
BACKGROUND/DISCUSSION:

At the July S, 2013 meeting, City Council approved the Citywide Miscellaneous Intersection Roundabout Study (Study) prepared by RBF Consulting. The Study identified strategic intersections along arterial streets including Yucaipa Boulevard, Avenue E, and County fine Road, in the City where vehicular traffic circulation would be improved and operate more efficiently in the long term with the construction of roundabouts. The Study also showed that potential single lane roundabout intersections would improve operation and traffic flow along street segments between intersections along the arterial streets. As a result of the implementation of roundabout intersections into the City's General Plan Transportation Element, certain segments of the City's arterials would not require widening from two (2) lanes to four (4) lanes.

These intersection improvements reduced the need for street widening and significantly reduced the amount of right-of-way (and associated costs) and street improvements required to accommodate future traffic conditions along these corridors. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance 54 costs associated with traffic signal equipment and utility costs. In October of 2015, City Council authorized a contract for engineering design services for the roundabout improvements at Yucaipa Boulevard at Bryant Street intersection, as well as the 2nd, 3`d, 4", and 51h Street roundabout intersection improvements on Avenue E. Subsequently, the plans for these intersections improvements have been developed, and the construction of the improvements are being completed in phases as prioritized by City Council through the Capital Improvement Program (CIP).

On August 29, 2019, the Freedom Gas Station Land Use Compliance Review (LUCR) was approved by the City Planning Commission. As a condition of the LUCR, the Freedom Gas Station Development Project (Freedom Gas Station) is required to dedicate right-of-way to accommodate for the future intersection improvements located at the intersection of Bryant Street and Yucaipa Boulevard (Future Roundabout Project). The Freedom Gas Station has been conditionally approved and obtained a certificate of occupancy with an agreement between the City and developer that all remaining conditions will be met in conjunction with the Future Roundabout Project. The Future Roundabout Project design has been completed, allowing staff to identify the portions of Yucaipa Boulevard and Bryant Street to be dedicated as public right -of -way in order to accommodate the proposed improvements. Therefore, staff is recommending that City Council accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes at the intersection of Yucaipa Boulevard at Bryant Street as delineated on the attached Offer of Dedication. The construction phase of the Future Roundabout Project is not being recommended at this time. Future construction will be evaluated after the completion of ongoing CIP projects that are currently underway.

The northerly limits of the Freedom Gas Station are adjacent to an existing, unimproved public alley that currently serves as a natural drainage channel conveying stormwater from Bryant Street westerly towards existing storm drain infrastructure. Additional drainage improvements within this segment of the public alley adjacent to the Freedom Gas Station Project have been identified, are related to the construction of the Future Roundabout Project, and are proposed to be constructed prior to the Future Roundabout Project construction. The developer has completed the design for the proposed storm drain improvements. The CEQA analysis concluded that the proposed right of way and these offsite storm drain improvements are eligible for a Categorical Exemption pursuant to Section 15301(c) of the CEQA guidelines, as they involve the minor alteration of existing public streets and public improvements involving negligible expansion of use beyond what is existing. The scope work would result in modifications and improvements of Bryant Street and Yucaipa Boulevard, but will maintain the vehicle and pedestrian access. Staff recommends that City Council find that the dedication and offsite drainage improvements in the public alley west of Bryant Street, between Yucaipa Boulevard and Acacia Avenue, are Categorically Exempt pursuant to Section 15301(c) of the CEQA guidelines, and direct staff to file a Notice of Exemption. 55 FISCAL IMPACT:

None
Attachment: 1. Location Map

2. Offer of Dedication

3. CEQA Class 1 Categorical Exemption Analysis

4. Biological Resources Report

5. Jurisdictional Delineation Report
Approved by:
56 ATTACHMENT 1
57 ATTACHMENT 1

SPRINGS

ATTACHMENT 2
59 ATTACHMENT 2

RECORDING REQUESTED BY AND
MAIL TO:

CITY OF YUCAIPA, CITY CLERK
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
Township _ Range_ Sec. _
Name:

Action: SFR Parcel
This is to certify that the Dedication
Offered by this instrument is accepted
but without the obligation to maintain
until permanent ultimate improvements
have been completed and consent given
for the recordation hereof by action of
the City Council for the City of Yucaipa
in accordance with Government Code
Section 27281.

Date
By
City Clerk
Government Code 6103 SPACE ABOVE FOR RECORDER'S USE
ONLY
Recording Fee $0
APN: 0303-273-39

OFFER OF DEDICATION
(Government Code 7050)
THE UNDERSIGNED SG OPAL, INC., a California Corporation hereby irrevocably OFFER TO DEDICATE to the CITY OF YUCAIPA, a MUNICIPAL CORPORATE AND POLITIC OF THE STATE OF CALIFORNIA, and to the PUBLIC IN GENERAL, an EASEMENT for Public Roads and Public Utilities in, under, over, through and across the following described real property in the County of San Bernardino, State of California:

See EXHIBIT "A" AND "B" attached hereto and made a part of this document.

Dated: 5 1 q 0
By:

Pankaj Patel
(Please attach All -Purpose Acknowledgment)
•E

THAT PORTION OF LOT 16 IN BLOCK 70, REVISED MAP OF YUCAIPA CITY, IN THE CITY OF

YUCAIPA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 17, PAGES 91, 92 AND 93 OF MAPS, RECORDS OF SAID COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED AS PARCEL B IN GRANT DEED RECORDED AS DOCUMENT NUMBER 2018-0097112, DATED MARCH 20, 2018, RECORDS OF SAID COUNTY, SAID CORNER LYING 10 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 16;
THENCE 5.00031'40"E. ALONG THE EAST LINE OF SAID PARCEL B A DISTANCE OF 10.79 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE 5.00°31'40" E. A DISTANCE OF 139.21 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 16;
THENCE ALONG SAID SOUTH LINE S.89°28'20"W. A DISTANCE OF 20.11 FEET TO THE

BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 28.00 FEET, A RADIAL PASSING THROUGH THE BEGINNING OF SAID CURVE BEARS N.24°31'24"W.;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 64°14'56" A DISTANCE OF 31.40 FEET;
THENCE N.01013'40"E. A DISTANCE OF 114.55 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 406 SF MORE OR LESS.
�FE SSI
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a`z 31890
EXP.12-31-20
61 EXHIBIT B
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62 CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
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State of California
County of
On � 1`i i..i ( I LI '20 2-3 before me, L.t-._r !�-
Date 14ere Insert Name and Tithe of the Officer
personally appeared
Name?pr of Signerlsl•
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A. GUAR0A04
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Notary Public - CallfarniaSanBernardinoCounty
commission # 2356036
Comm, Expires May 26, 2025
Place Notary Seal and/or Stomp Above
I certify under PENALTY OF PERJURY under the
taws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.
1 Signature
Signature of Notary Public
%Jr' I IVIYliL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: ° C''_i )- iNumberof Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer -- Title(s):`
M Partner T ❑ Limited ❑ .General
❑ Individual -'[3 Attorney in fact
❑ Trustee ❑ Guardian or Conservator
a Other:

Signer is Representing:

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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual . Q Attorney in Fact
❑ Trustee ,. ❑ Guardian or Conservator
❑ Other:

Signer is Re resenting:
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63 ATTACHMENT 3

ATTACHMENT 3

FREEDOM GAS STATION STORM DRAIN

IMPROVEMENT PROJECT
CEQA Class 1
Categorical Exemption Justification Letter
Lead Agency:

CITY OF YUCAIPA
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Contact: Benjamin Matlock, Planning Manager
[email protected]
909-797-2489
Prepared by:

MICHAEL BAKER INTERNATIONAL
3536 Concours, Suite 100
Ontario, CA 91764
Contact: Shelah Riggs
[email protected]
909.419.4268
April 2023
..

Freedom Gas Station Storm Drain Improvement Project

TABLE OF CONTENTS
I. Introduction...................................................................................................................1 II. Project Location and Setting.........................................................................................2 ProjectLocation...................................................................................................................................2 ExistingSite Conditions...................................................................................................................... 3 III. Project Description........................................................................................................4 IV. Class 1 Exemption Criteria Analysis..............................................................................8 V. Considerations of Exceptions to the Use of a Categorical Exemption .........................9 Criterion(a)..........................................................................................................................................10 Criterion(b)..........................................................................................................................................10 Criterion(c)..........................................................................................................................................10 Criterion(d)......................................................................................................................................... 11 Criterion(e).........................................................................................................................................

Criterion(
11 ......................................................................................................................................... 11 VI. Conclusion....................................................................................................................12 VII. References.................................................................................................................... 13 List of Exhibits
Exhibit1: Regional Vicinity..............................................................................................................................5 Exhibit2: Site Vicinity.......................................................................................................................................6 Exhibit3: Site Plan............................................................................................................................................7 0 CITY OF
Freedom Gas Station Storm Drain Improvement Project

CATEGORICAL EXEMPTION REPORT
This report serves as the technical documentation for an environmental analysis performed by Michael Baker International (Michael Baker) for improvements adjacent to the Freedom Gas Station Project (project) in the City of Yucaipa. The intent of the analysis is to document whether the project is eligible for a California Environmental Quality Act (CEQA) Class 1 Categorical Exemption for Existing Facilities (CEQA Guidelines Section 15301). The report includes an introduction, project description, and evaluation of the project's consistency with the requirements for a Class 1.

I. INTRODUCTION
CEQA Guidelines Section 15301 states that a Class 1 Categorical Exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.

Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly -owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety, and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle -share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes); (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;
(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and 1 67

Freedom Gas Station Storm Drain Improvement Project
(B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
(g) New copy on existing on and off -premise signs;
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources;
(j) Fish stocking by the California Department of Fish and Game; (k) Division of existing multiple family or single-family residences into common -interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt;
(1) Demolition and removal of individual small structures listed in this subdivision; (1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
(2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.
(3) A store, motel, office, restaurant, and similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(n) Conversion of a single family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
(p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.

II. PROJECT LOCATION AND SETTING
Project Location
The City of Yucaipa (City) is located in the northwestern portion of Riverside County (County) at the foot of the San Bernardino Mountains; refer to Exhibit 1, Regional Vicinity. Yucaipa is bordered by the 2 Freedom Gas Station Storm Drain Improvement Project
City of Calimesa and unincorporated Riverside County to the south; the City of Redlands and unincorporated San Bernardino County to the west, which includes the community of Mentone; and the foothills of the San Bernardino Mountains to the north and east in unincorporated San Bernardino County.

The project site is located in the northern portion of the City at 35298 Yucaipa Boulevard (Assessor's Parcel Numbers [APNs] 0303-273-36 and 0303-273-39; refer to Exhibit 2, Site Vicirn . The proposed project occurs in a residential and commercial mixed use area within the City, and is located within the City's Uptown Business District Specific Plan. The proposed stormdrain improvement area is a vacant lot on the southwest corner of Acacia Avenue and Bryant Street, adjacent to the existing Freedom Gas Station.

Regional access to the site is provided via Interstate 10 J-10), located approximately 2.5 miles southwest of the project site. Local access to the site is provided via Yucaipa Boulevard and Bryant Street.

Existing Site Conditions
The project occurs in the City of Yucaipa which sits at the foot of the San Bernardino Mountains. The project site is relatively flat and occurs at an elevation of approximately 2680 feet above mean sea level. The proposed project occurs in a residential and commercial area in the City of Yucaipa. The project site is a vacant lot on the southwest corner of Acacia Avenue and Bryant Street.

An ephemeral constructed storm channel traverses 248 linear feet across the southern edge of the vacant parcel for the project site, and along the northern edge of the Freedom gas station parcel. Flows originate from a 48-inch reinforced concrete pipe (RCP) under Bryant Street, and flow west to an offsite outlet comprised of two (2) 24-inch corrugated metal pipe (CMP) storm water inlet. This ephemeral drainage appears to drain to Oak Glen Creek via underground infrastructure.

A biological resources survey and jurisdictional delineation was conducted onsite by Michael Baker International in November 2022. The results of the report indicate that there are no natural vegetation communities on the project site. The project site is fully comprised of Disturbed/Bare Ground and Developed occurs within the surrounding study area. Plant species within the Disturbed/Bare Ground area were dominated by annual burrweed (Ambrosia acanthicarpa), western ragweed (Ambrosia psilostacbya), prickly lettuce (Lactuca serriola), southern California black walnut Uuglans californica), short - podded mustard (Hir rchfeldia incana), spurge (Euphorbia sp.), horseweed (Eng' eron canadensis), lamb's quarters (Chenopodium album), common sunflower (Helianthus annuus), crabgrass (Digitaria sanguinalis), smilo grass (Stpa miliacea), Russian thistle (Salsola tragus), red brome (Bromus rubens), ripgut brome (Bromus diandrus), downy chess (Bromus tectorum), wild oat (Avena sp.), vinca (Vinca major), eucalyptus (Eucalyptus sp.), willow (Salix lasiandra), jimsonweed (Datura Wrightia), lotus (Acmispon sp.), cheeseweed (Afalva parviflora), broad leaf filaree (Erodium botrys), coast live oak (Quercus agzfolia), California coffeeberry (Frangula californica), milk thistle (Silybunr marianum), and wire lettuce (Stephanomeria virgata).

Of these, only southern California black walnut is considered special -status and has a CRPR rare plant 3 z

Freedom Gas Station Storm Drain Improvement Project
ranking of 4.2; however, the California black walnuts were removed since the biological site visit was conducted with permission from the City.

Wildlife species detected during the habitat assessment are species which commonly occur in urbanized areas, and includes house finch (Haemorhous mexicanus), northern mockingbird (Mimus polyglottos), American crow (Corms brachyrhynchos), and Great Basin fence lizard (Sceloporus occidentalis longipe). No special -status animals were found or are expected to have a potential to occur.

III. PROJECT DESCRIPTION
The proposed Project involves removal of the existing stormdrain headwall and installation of an underground 48' reinforced concrete stormdrain pipe. The 108 linear foot long pipe would be installed between the existing up and downstream underground 48" reinforced concrete stormdrain pipes to create a continuous stormdrain structure. Refer to Exhibit 3, Site Plan. Additional actions to be undertaken by the City include the acceptance of the dedication of public Right -of -Way at the corner of Bryant Street and Yucaipa Boulevard for the Freedom gas station.

Initial vegetation removal from the open trapezoidal channel will be conducted outside of the nesting bird season (February 15 to August 31) to avoid the potential for impacts to common native nesting birds. No construction improvements are associated with the Right -of -Way dedication process. 4 70

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_ N RA NO c•

1. ALL WORK SHALL BE DOME IN ACCORDANCE WITH THESE PLANS, 'STANDARD SPEUFICAPp1S FOR PUBLIC WORKS , LATEST EDITION, THE

CONSTRUCTION'N BOOK)
STATE Of CAUFORNIA 'STANDARO SPECIFICATIONS',, I(GREEN
E8 T ), AND THE STANDARD
GNAWING OF THE COUNTY OF SAN NRNAROINp.
2, IT SHALL BE THE RESPONSHDUTY OF THE CONTRACTOR TO FAMIL AR HIMSELF/NERSELF WITH THE JOB SITE AND THE LOCATION OF ALL UNDER G0.0UN0 FACIUTIES SHOWN OR NOT SHOWN

ON THESE PLANS NEINER THE CITY OF YUCAIPA NOR THE ENGINEER DULL BE RESPWSIBIE FOR ANY DAMAGE i0 UNDERGROUND FACILITIES
]. IT SHALL BE THE CONTRACTOR'S RESPON98WTY TO OBTAIN ALL NECESSARY PERMITS, T SHALL BE THE CONTRACTOR'S RESPONSE— TO CALL THE Ott ENGINEER'S O:T1EE AT (9D9)797-24N FDR NSCTON N HOUR$ PNpR 1O PERFORMING ANY WORK. WORK PERFORMED W1THOU iPE

CALLING FOR INSPECTION SHALL BE REJECTED AND SHALL BE

REMOVED SOLELY AT THE CONTRACTOR'S EXPENSE

5. UTUTY CONTRACTORS SHALL BE RESPONSIBLE FOR OBTAINING COMPACTION TESTS OF ALL TRENCH BACKFlLL AND STREET SUB GRADES AND SUBMITTING THEM TO THE CITY ENGINEER FOR APPROVAL NOTIFY CITY ENGINEER'S OFFICE AT (9G9)797-24B9, EXT. 228. 24 HOURS PRIOR TO TESTS.

6. WT SHEETS SHALL BE PREPARED BY THE DEVELOPER'S ENGNEER AND SUBMITTED TO THE Gtt ENGNEER, NO CONSTRUCTION SHALL BE ALL
PRIMi0 THE CITY ENGINEER'S

APPROVAL OF THE CUT SHEETS,

7. THE CONTRACTOR SHALL SATISFY HMSELF/HERSEUF THAT ESTIMATED DNANDBES SHOWN ARE CORRECT BEFORE BIDDING ON ANY ITEM.

8. THE CONTRACTOR SHALL MAINTAM OUST CONTROL AT ALL TMES. WORK SITE AND EXTENOR STREETS SHALL BE IN A NEAT, CLEAN. HAZARD -FREE. AND ORDERLY STATE THROUGHOUT CONSTRUCTION. SIRE SHALL BE CLEANED UPON REQUEST OF THE INSPECTOR.

9. A.

EXISTING PAVEMENT TO BE REMOVED SHALL BE SAWCUT AND REMOVED i0 CLEAN STRAIGHT UNES. EAGER CUTS MAY BE PROVIDED ADJACENT TO SAWCUTS. 1D. AT ALL LOCATIONS WHERE NEW PAVEMENT JONS EXISTING. THE EXISTING PAVEMENT SHALL BE COATED WITH AN ASPHALTIC EMULSION.
11 THE CONTRACTOR IS RESPONSIBLE FOR THE PROTECTION Cl ALL UTUTY VALVES, BOXES AND COVERS. AND ADJUSTING OF ALL WATER VALVE BOXES AND COVERS tO FVASH GRADE.

12. qE CONTRACTOR SHALL RESET MANHOLE RINGS IN ACCORDANCE WITH YUCAIPA VALLEY W TER GISTRICT STANDARDS.

13. THE PRIVATE ENGINEER SGNING THESE PUNS IS RESPONSIBLE FOR THE ACCURACY AN O
ACCEP TABIUTY OF THE WORK `ERE"
. I.

THE EVENT OF Eljq EPANGIES ARISING OLN"t
CONSTRUCUDR. THE PR1VA iE ENGNEER SHALL BE RESPONSIBLE FOR DETERMINING AN ACCEPTABLE SO.UTON AND REWSING THE PLANS FOR APPROVAL OF THE CITY

ENGNEER,
14, THE CONTRACTOR SHALL CALL IN A LOCATION REQUEST TD UNDERGROUND SERWCE ALERT (NSA). PHONE NUMBER 1-800-422-4133. TWO (3) WORKING DAYS BEFORE OIGGNG. NO SFECTON VALL BE PROVIDE' BY THE "' ENGINEER'S OFFCE. AND NO COMSTRUCI-

UNLESSISSUED
APPUCNViN HASCAIATT'BEEN PRO OLO ANERNWOU DENPf1CAND T50N NUMEERABY USA. 15, A IRRIGATON -ES ENCOUNTE0.£D DURING CONSTRUCTION SHALL BE REPLACED WITH 12-GAUGE DIPPED AND WRAPPED -WELDED STEEL PIPE.

T6. CITY APPROVAL OF PUNS DOES NOT RELIEVE THE DEVELOPER FROM THE RESPONSIBIUTY FOR THE CORRECT*` OF ERROR AND D SSiON DISCOVERED DURING CONSTRUCTION,WI UPON REOIEST, THE RERED PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO THE Ott ENGINEER FOR APPROVAL
1 WHEN IMPROVENENIS ARE TD BE PLACED ON NATIVE SOL THAT CONSISTS CT A ROCKY

MATERIAL THE SUB -GRADE SHALL BE PREPARED BY REMOVING ALL ROCKS WHICH PROTRUDE ABOVE THE SU8-GRADE AMC ALL Vg05 OR OEPRESSIOMS SHALL BF FRLEp `NTH A FINE MAN MATERIAL OF A WALItt BETTER THAN THE NATIVE MATERIAL 1B. 11 THE ASPHALT CONCRETE IS TO BE PLACED ON SUB -GRADE, A SOILS STENLANT REGISTERED BY THE EP,A FOR USE UNDER A.C. AND P.C.O SHALL BE UNIFORMLY APPLIED AT THE

MANUFACTURER'S RECOMMENDED RAZE FOR THE FULL PAVEMENT WIDTH PRIOR TO PAMNG, 19, NO WORK SHALL CCMUENCE W NIN PUBLIC RIGHT-OF-WAY WITHOUT OBTAINING A PUBLIC

WORKS PERMIT AND NOTIFYING THE CITY INSPECTOR TO SCHEDULE APRE-CONSTRUCTION MEETING 24 HOURS PRIOR TD START OF WORK,

20. ALL QUANTITIES SHALL BE SHOWN ON THE PLANS INCLUDING EARTHWORK, RENEDAL GRADING, REMOVALS. ETC.

GONTRAGTORS STA A! NT
CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE FESPONSIBItItt F SITE COMDITIDUG WRINr.

SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREM1. ENT SHA41APPLY� CONDNUWSLY AND NOT BE UNITED TO NORMAL WORKING HOURS. AND THAT THE CONTRACTOR SHALL DEFEND. INDEMNIFY AND HOLD THE CITY, THE OWNER, AND THE ENGNEER HARMLESS FROM ANY AND ALL UABIUTY. REAL OR ALLEGED, IN COMNECTW N1N THE PERFORMANCE OF WORK OM THIS PRO„ECT, EXCEPTING FOR UA91UTY AMSING FROM THE SOLE NEGLIGENCE DF THE OWNER OM ENGNEER.

NND R 320 ND STR) MRF.R

UNDERGROUND UTILITIES OR STRUCTURES REPORTED BY THE OWNER OR OMERS AND

THOSE SHOWN ON THE RECORDS EXAMINED ARE INDCATEO MN THEIR APPROMMATE LOCATION AND EXTENT. THE OWNER BY ACCEPTING THESE PLANS ON PROCEEDING WITH IMPROVEMENTS PURSUANT THERETO AGREES TO ASSUME LI.— AND t0 HOLD

UNTERSIGNED HARMLESS FOR ANY DAMAGES RESULTING FROM THE EXISTENCE OF UNDERUTUTES OR STRUCTURES NOT REPORTED I THE UNDERSIGNED: NOT '..'CA ON THE PUBLIC RECORDS EXAMINED; LOCATED AT VARIANCE WITH THAT REPORTED OR SHOWN ON RECORD5 EXAMINED. THE CONTRACTOR 5 IXEWiREO TO TAKE DUE PRECAUTWARY MEASURES TO PROTECT THE UTRNn OR STRUCTURES SHOWN AND ANY OTHER UTILITIES OR STRUCTURES FOUND AT THE SITE IT SNgLI BE THE COMTRACiOR'S

RESPOMS TO NOTIFY THE OWNERS OF THE UTUTES OR STRUCTURES CONCERNED BEFORE STARTING WORK.

CITY OF YUCAIPA

STORM DRAIN IMPROVEMENT PLANS
35298 YUCAIPA BOULEVARD
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CONSTRUCTION NOTES-
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YUCAIPA VALLEY WATER
DISTRICT 12770 2 STREET
ATTENTION: MR. RAY JURE
TELEPHONE: (909) 797-S11B
YUCAIPA, CA. 92389

SOUTHERN CALIFORNIA EOSON
ATTENTION MR. BOB PATTERSON
287 TENNESSEE STREET
REDLANDS. CA. 92373
TELEPHONE: (9OR) 30]-6]67

SOUTHERN CALIFORNIA GAS
COMPANY P.O.

ATTENTION: MR, JOHN GOMEZ
BOX JD03 REDLANDS,
CA. 92373-0306
TELEPHONE: (909) 315-]928
LEGAL DESCRIPTION, SURVEY;
PM: W03-O MAP ]3-39-ODD' TOPOGRAPHIC MAPPING FOR THIS PROJECT WAS OBTAINED FRO

EX STIED NAP OM YUCAIPA Ott E ]O R LOT 12 AND ALL OF LOTS 13, 1t, AND 15 BLK ]0 FIELD SURVEY PERFORMED BY SITETEW INC. N SEPTEMBER 2022, PN: D303-273-36-D000
RfWSED MAP OF YUCAIPA CITY LOTS 16. 17, AND E 20 FT LOT 18 BW 70 EX E 10 FT LOT 6 FOR ST

FRONTIER COMMUNICATIONS
19M ORANGE FREE LANE
REDLANDS. CA. 92373
1722 ORANGE TREE
LANE P.O, BOX 710
REDLANDS. CA. 92373
WESTERN HDGHIi WATER COMPANY
32352 AVENUE D WCAMA. CA,
W_ PH: 0.) 790-1.1
OWNER/APPUCANT:

SG OPAL INC
1462 CRESTNEW RD
REDLANDS. CA 92374
cry C NdN FR
T.B.D.

ATTENTION: MR. BRUCE FDYTIK
TELEPHONE: (B.) 70-664S
ATTENTION: MR. RAY WX
TELEPHONE: (909) 798-3S89
ATTENTION: MR. WUAM BROWN
TELEPHONE: (SOB) 790-HOT
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CITY OF YUCAIPA

STORM DRAIN IMPROVEMENT PLAN
35298 YUCAIPA BLVD
74 Freedom Gas Station Storm Drain Improvement Project
IV. CLASS 1 EXEMPTION CRITERIA ANALYSIS
As discussed above, the key consideration is whether the project involves negligible or no expansion of use. The project is limited to the installation of a 108" segment of 48" reinforced concrete pipe within an existing open trapezoidal stormdrain channel. The proposed concrete pipe would connect existing up and downstream 48" reinforced concrete pipes that had been previously constructed as part of prior Capital Improvement Projects. There is no increase in the size or capacity of the existing stormdrain facilities, nor would the project result in an increase of the use of the drainage system or associated flows. The purpose of the proposed project is to construct a continuous underground stormdrain pipe to better convey existing stormwater flows.

A. BIOLOGICAL RESOURCES
The analysis below is based on a review of the City of Yucaipa General Plan and the following technical studies: General Biological Resources Report far the Freedom Petro Storm Channel Project, City of Yucaipa, San Bernardino County, California, prepared by Michael Baker International, dated March 24, 2023 (refer to Appendix A, Biological Resources Report) and the Juizsdictional Delineation prepared by Michael Baker International, dated March 28, 2023, 2023 (refer to Appendix B, turisdictional Delineation).

V. CONSIDERATIONS OF EXCEPTIONS TO THE USE OF A CATEGORICAL

EXEMPTION
CEQA Guidelines Section 15300.2 identifies the following exceptions to the use of a categorical exemption:
a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located —a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. c) Signi acant Effect A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
d) Scenic Higbmays. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
e) Hazardous baste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. 0 75

CI I 1 OF
A
Freedom Gas Station Storm Drain Improvement Project 14
f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

As evaluated below, none of these exceptions apply to the proposed project. Therefore, the lead agency (the City of Yucaipa) is not precluded from categorically exempting the proposed project from CEQA.

CRITERION (A) Classes 3, 4, 5, 6, and I I are qualified by consideration of where the project is to be located —a project that is ordinare#insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of ha.Zardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

The Criterion A location exception does not apply to the Class 1 Existing Facilities categorical exemption.

CRITERION (B) All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

The proposed project involves the installation of a 108-linear foot segment of 48" reinforced concrete pipe to connect existing up and downstream segments of 48" reinforced concrete pipe. The stormdrain channel is located within an existing vacant parcel surrounded on all sides by residential and commercial development. According to the City's land use and zoning maps, both the land use and zoning designation for the project site is General Commercial (CG), and is within the Uptown Business District Specific Plan, and designated as -Mixed Use (MU). As such, the project is consistent with the land use and zoning for the project area, as well the associated drainage improvements previously constructed. The results of the biological resources survey conducted within the project site indicate that there is no native vegetation within the project that would be removed and no potential for sensitive wildlife or plant species. Based on the analysis herein, the project would not considerably contribute to any significant impacts resulting from successive projects of the same type in the same place over time.

CRITERION (C) A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no features that distinguish this project from other existing facilities projects; therefore, there are no unusual circumstances. The proposed project involves the installation of a segment of underground stormdrain to connect with the existing up and downstream stormdrain pipe, an activity that is common in Yucaipa and the project is a permittable use in the General Commercial (CG) zone 10 76

Cfn' 01-'�/\
Freedom Gas Station Storm Drain Improvement Project W1*0"4 and the as Mixed Use (MU) of the Uptown Business District Specific Plan. Further, the project site is located within an urbanized area and has been disturbed by existing uses. Thus, there are no unusual circumstances related to the proposed project.

CRITERION (D) A categorical exemption shall not be used far a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outer oppings, or similar resources, within a highway ofcially designated as a state scenic highway. This does not apply to improvements which are rewired as mitigation by an adopted negative declaration or certified EIR.

There are no officially designated State scenic highways in the City of Yucaipa.' The closest State scenic highway (designated as eligible) to the project site is State Route 38 (SR-38) adjacent to the City's northern border. This portion of SR-38 is located approximately 3.1 miles northwest of the project site. Views of the project site are not afforded from SR-38 due to intervening topography, structures, and vegetation. No impact would occur in this regard.

CRITERION (E) A categorical exemption shall not be used for a pr ject located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Government Code Section 65962.5 requires the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB) to compile and update a hazardous materials sites listing (per the criteria of the Section). The California Department of Health Services is also required to compile and update, as appropriate, a list of all public drinking water wells that contain detectable levels of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code. Section 65962.5 requires the local enforcement agency, as designated pursuant to Section 18051 of Title 14 of the California Code of Regulations, to compile, as appropriate, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste.

The project site is not listed pursuant to Government Code Section 65962.5.2 No impact would occur in this regard.

CRITERION (F) A categorical exemption shall not be used for a prject which may cause a substantial adverse change in the significance of a bistorical resource.

The project site is currently in use as an open trapezoidal storm channel within a disturbed, vacant lot, and surrounded by existing commercial and residential development. According to the City of Yucaipa 6 California Department of Transportation, State Scenic Highway 11ap, https: / /dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability /lap-liv-i-scenic-highways accessed March 25, 2023.
7 California Environmental Protection Agency, Cortese List Data Resources, https://calepa.ca.gov/sitecleanup/cortesefist/ , accessed March 25, 2023. 11 77

Freedom Gas Station Storm Drain Improvement Project
General Plan EIR, there are 49 cultural resources within the City and Sphere of Influence: 20 prehistoric resources, 4 historical archaeological resources, 1 multi -component (both prehistoric and historical archaeological) site, and 24 historic built environment resources. However, these historic resources are not located on -site or within the vicinity the project site and would not be disturbed by project implementation. Therefore, the project would not cause a substantial adverse change in the significance of a historical resource, and no impacts would occur in this regard.

VI. CONCLUSION
Based on this analysis, the proposed project meets the criteria to quality for a Class 1 Categorical Exemption pursuant to CEQA Guidelines Section 15301. Further, none of the exceptions to CEQA Guidelines Section 15300.2 apply to the proposed project. The City of Yucaipa concludes that the proposed project is categorically exempt from CEQA.
12 W

Freedom Gas Station Storm Drain Improvement Project
VII. REFERENCES
California Department of Transportation, List of Eligible and Officially Designated State Scenic Highways, updated July 2019, https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-i-scenic-highways, accessed March 25, 2023.

California Environmental Protection Agency, Cortese List Data Resources, https://calepa.ca.gov/sitecleanup/corteselist/ , accessed May 23, 2022.

City of Yucaipa, City of Yucapa General Plan, April 2016, https://yucaipa.org/wp- content/uploads/dev_svcs/general_plan/Yucaipa_General_plan2016.pdf, accessed March 25, 2023.

City of Yucaipa, City of Yucapa Interactive Zoning Map, https://zoningpoint.com/california/san- bernardino-county/yucaipa/, accessed March 25, 2023.

Yucapa Municpal Code, current through Ordinance 413, passed September 2022.

Michael Baker International, General Biological Resources Report for the Freedom Petro Storm Channel Project City of Yucapa, San Bernardino County, California, March 24, 2023.

Michael Baker International, Jurisdictional Delineation, March 28, 2023. 13 79

ATTACHMENT 4
m

ATTACHMENT 4

INTERNATIONAL
March 27, 2023
Mr. Axesh Patel
Freedom Petro Inc.
35298 Yucaipa Boulevard
Yucaipa, California 92399
Subject: General Biological Resources Report for the Freedom Petro Storm Channel Project, City of Yucaipa, San Bernardino County, California
Dear Mr. Patel,
The City of Yucaipa has requested a biological resources survey to support project review and California Environmental Quality Act (CEQA) analysis for the Freedom Petro Storm Channel Project (Project). This letter report provides the results of the biological resources survey, including an analysis of anticipated project -related impacts to biological resources and identify any additional biological surveys, mitigation measures, and/or permit requirements that may be required prior to implementation of the proposed project.

7.5-minute quadrangle map (refer to Attachment 1- Figure 2, Project Vicinity). Specifically, the project site is comprised of assessor's parcel number (APN) 030-327-339 and totals approximately 0.56- acre. It is located at the southwest corner of Acacia Avenue and Bryant Street (refer to Attachment 1, Figure 3, Project Site).

PROJECT DESCRIPTION
The proposed Project involves the installation of an underground stormdrain to allow future expansion of the Freedom Gas Station. The channel on the project site is currently an approximately 100-foot segment of open storm channel, located between two existing underground stormdrain segments.

METHODOLOGY
A reconnaissance -level habitat assessment of the project site and a 100-foot study area buffer for sensitive biological resources and jurisdictional delineation was conducted on the Project site by Michael Baker International Senior Biologist, Tom Millington, on November 1, 2022. The entire project site was physically walked and vegetation communities were mapped onto current aerial imagery in GoogleEarth (2022). Weather conditions during the site visit consisted of MBAKERINTL.COM
3536 Concourse Street, Suite 100 1 Ontario, CA 91724
Office:909-974-49001 Fax: 909-974-40041 mbakerintl,com

General Biological Resources Report for the Freedom Petro Storm Channel Project March 27, 2023

Page 2 of 10 ends

temperatures from 69°to 70°F with 2 to 3.5 mile per hour (mph) winds and sunny skies. While on -site, the biologist documented the flora and fauna that were detected onsite. Vegetation communities and land cover types were mapped in GIS. Photographs to document the existing site conditions were taken (refer to Attachment 2, Site Photographs).

Prior to the habitat assessment, a database search of the California Department of Fish and Wildlife's (CDFW) California Natural Diversity Database (CDFW 2022) and the California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California (CNPS 2022) was conducted for the USGS 7.5-minute Yucaipa, California quadrangle applicable special -status' biological resources and depleted natural communities known to occur within the general vicinity of the Project site (Attachment 3). The U.S. Fish and Wildlife Service (USFWS 2022) Information for Planning and Consultation online system and Critical Habitat mapper was also reviewed to preliminarily identify federally listed species and critical habitat within the regional vicinity (Attachment 3, USFWS Species List).

A Michael Baker qualified wetland delineator conducted a formal jurisdictional delineation of the project site on January 27, 2023, using the most recent, agency -approved methodology to identify and map jurisdictional limits within the project site. The delineation was conducted to determine the jurisdictional limits of waters of the U.S. (WoUS), including potential wetlands, and waters of the State (WoSO, and state streambeds located within the boundaries of the project site. The full methodology for the jurisdictional delineation can be found in the Jurisdictional Delineation report (Michael Baker, 2023).

ENVIRONMENTAL SETTING
The project occurs in the City of Yucaipa which sits at the foot of the San Bernardino Mountains.

The project site is relatively flat and occurs at an elevation of approximately 2680 feet above mean sea level. The proposed project occurs in a residential and commercial area in the City of Yucaipa. The project site is a vacant lot on the southwest corner of Acacia Avenue and Bryant Street. According to the Custom Soil Resources Report for San Bernardino County Southwestern Part, California the Soils are mapped as Ramona sandy loam, 2 to 9 percent slopes, MLRA 19 (USDA 2022) and have been mechanically disturbed throughout the project site.

The project site occurs within the Santa Ana River Watershed Hydrological Unity (HU) (HUC 18070203). An ephemeral drainage traverses 248 linear feet across the southern edge of the project site. Flows originate from a 48-inch reinforced concrete pipe (RCP) under Bryant Street, and flow west to an offsite outlet comprised of two (2) 24-inch corrugated metal pipe (CMP) 1 "Special -status" refers to those plant and wildlife species that are federally or State listed, proposed, or candidates; plant species that have been designated a California Rare Plant Rank by the California Native Plant Society; species that are designated as Fully Protected, Species of Special Concern, or Watch List species by the California Department of Fish and Wildlife.

General Biological Resources Report for the Freedom Petro Storm Channel Project March 27, 2023

Page 3 of 10 ends

storm water inlet. This ephemeral drainage appears to drain to Oak Glen Creek via underground infrastructure.

There are no natural vegetation communities on the project site. The project site is fully comprised of Disturbed/Bare Ground and Developed occurs within the surrounding study area.

Refer to Figure 4, Vegetation Communities in Attachment 1 for the land used types present in the study area.

Plant species within the Disturbed/Bare Ground area were dominated by annual burrweed (Ambrosia acanthicarpa), western ragweed (Ambrosia psilostachya), prickly lettuce (Lactuca serriola), southern California black walnut (luglans californica), short -podded mustard (Hirschfeldia incana), spurge (Euphorbia sp.), horseweed (Erigeron canadensis), Iamb's quarters (Chenopodium album), common sunflower (Helianthus annuus), crabgrass (Digitaria sanguinalis), smilo grass (Stipa miliacea), Russian thistle (Salsola tragus), red brome (Bromus rubens), ripgut brome (Bromus diandrus), downy chess (Bromus tectorum), wild oat (Avena sp.), vinca (Vinca major), eucalyptus (Eucalyptus sp.), willow (Salix lasiandra), jimsonweed (Datura wrightii), lotus (Acmispon sp.), cheeseweed (Malva parviflora), broad leaf filaree (Erodium botrys), coast live oak (Quercus agrifolia), California coffeeberry (Frangula californica), milk thistle (Silybum marianum), and wire lettuce (Stephanomeria virgata). Of these, only southern California black walnut is considered special -status and has a CRPR rare plant ranking of 4.2; however, the California black walnuts have been removed since the biological site visit was conducted with permission from the City. In addition, the coast live oak tree, may be protected under the Oak Tree Conservation and Protection Guidelines.

Wildlife species detected during the habitat assessment are species which commonly occur in urbanized areas, and includes house finch (Haemorhous mexicanus), northern mockingbird (Mimus polyglottos), American crow (Corvus brachyrhynchos), and Great Basin fence lizard (Sceloporus occidentalis longipe). No special -status animals were found or are expected to have a potential to occur.

RESULTS AND IMPACTS
The species from the CNDDB, CNPS, and USFWS database queries were reviewed to determine whether the site provides suitable habitat for any of these sensitive resources (Attachment 3).

Determinations of potential occurrence on the project site for special -status species are based on whether there are suitable conditions for each species, including vegetation, soils, and hydrology. Based on the urbanized environment, existing site disturbances, including mechanical disturbances of the soil, none of the sensitive animals are expected to occur and other than the California black walnut (which has already been removed from the site), there is no potential for special -status plants. In addition, there are no sensitive natural vegetation communities present. 11 General Biological Resources Report for the Freedom Petro Storm Channel Project March 27, 2023

Page 4 of 10 ends

During construction, the proposed project would develop the 0.56 acre of the project site. There is also a potential for nesting birds protected by the Migratory Bird Treaty Act and similar provisions under the California Fish and Game Code, to be present during construction activities and vegetation removal. Implementation of measure BIO-1 would ensure there are not direct effects on nesting birds.

BIO-1- Preconstruction Nesting Bird Survey: A nesting bird survey will take place no more than two days prior to the onset of construction activities (i.e., staging, ground disturbance, clearing and grubbing). If an active nest is found, a biologist will establish a minimum 50-foot buffer for passerine birds by using stakes or flagging to demarcate the avoidance area until the young have fledged or the nesting activity has ceased.

A coast live oak tree was found within the study area. If removal of a qualifying oak tree would occur, the City of Yucaipa will require the applicant to acquire a permit for the removal of the oak tree (BIO-2).

BIO-2 — If oak trees on the project site are at least 2-inches in diameter when measured at a point 4.5 feet above the tree's natural grade, a permit must be acquired from the City of Yucaipa.

The proposed project is anticipated to fully impact the drainage along the southern edge of the property Impacts on 0.011 acre of non -wetland WoUS/WoS and 0.091 acre of state streambeds (0.004 acre riparian and 0.084 acre vegetated streambed) are anticipated to be permanently affected (refer to Table 1) and would require permits under the Section 401 and 404 of the Clean Water Act and Lake and Streambed Alteration Agreement under Section 1600 of the California Fish and Game Code. The channel appears to ultimately discharge to Oak Glen Creek.

Table 1. Jurisdictional Delineation Results
Feature

USACE/RWQCB
CDFW
Non -Wetland
Wetland
Riparian
Unvegetated
Streambed
Drainage 1

0.011
0 0.004

0.087
BIO-3 — Prior to the storm channel improvements, resource agency review and issuance of permits under Section 404 and 401 of the federal Clean Water Act and Section 1602 of the Fish and Game Code is expected to be required.

CONCLUSIONS
Implementation of the BIO-1 (Preconstruction Nesting Bird Survey), and the compensatory mitigation/ acquisition of permits (BIO-2 and BIO-3) will be required for the proposed project.

General Biological Resources Report for the Freedom Petro Storm Channel Project March 27, 2023

Page 5 of 10 ends

However, only the regulatory agencies can make a final determination of jurisdictional limits.

Please feel free to contact me at (909) 419-4268 or at [email protected] with any questions you may have regarding the information presented in this report.

Sincerely,
Shelah Riggs
Senior Regulatory Specialist
Attachments:

Attachment 1- Figures
Figure 1. Regional/Project Location
Figure 2. Project Site
Figure 3. Soils
Figure 4. Vegetation Communities
Attachment 2- Site Photographs
Attachment 3- Literature Review (CNDD13, CNPS, and USFWS Species List) MI,

General Biological Resources Report for the Freedom Petro Storm Channel Project March 27, 2023

Page 6 of 10 ends

References
.......... ............. ..... ... ...... . .......... ....... ............

California Department of Fish and Wildlife (CDFW). 2022a. Biogeographic Information and Observation System, California Natural Diversity Data Base, California. Data base report an threatened, endangered, rare or otherwise sensitive species and communities for the USGS Yucaipa, California 7.5-minute quadrangle. Data date: October 30, 2022 CDFW. 2022b. RareFind 5, California !Natural Diversity Data Base, California. Data base report on threatened, endangered, rare or otherwise sensitive species and communities for the USGS Yucaipa, California 7,5-minute quadrangle. Data date: October 30, 2022 California Native Plant Society (CLAPS), 2022. Inventory of Rare and Endangered Plants of California (online edition, v9-01 1.5). Accessed online at:
http://www,rareplants.cn.ps.org// on November 1, 2022.

GoogleEarth. Google Earth Pro version 7.3.4.8642. (Data released 2022). Available through: URL.

Accessed date; November 2022
Michael Baker (2023). Delineation of State and Federal Jurisdictional Waters for the Freedom Petro Storm Channel Project, City of Yucaipa, San Bernardino County, California. Prepared for Freedom Petro Inc. Dated March 28, 20223.

U.S. Department of Agriculture (USDA). 2022. Custom Soil Resource Report for San Bernardino County Southwestern Part, California (CA 677). Accessed online at:
https://websoiIsurvey,sc.egov.usda.gov/ApP/WebSoiISurvey.aspx .

U.S. Department of the Interior, Fish and Wildlife Service (USFWS). 2022a. Information for Planning and Consultation (IPaC) Project Planning Tool. Accessed online at:
https:l/ecos.fws.gov/ipacl.

Attachment 1- Figures
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0 25 50 BIOLOGICAL RESOURCES ASSESSMENT AND MSHCP CONSISTENCY ANALYSIS NiiiiiR Foot USDA Soils
I H Y F SM AI 1 0 H A
^: W.VO4HU5 5:W77ZT, U5U5 W1F''-,MBA Q 41 !41I M4 % I' VV7 YCYVUtU {4.1VZZ} 90 Figure 3

Legend
Project Site (0.56 acres) Disturbed/Bare Ground in Project Site (0.52 acres) Reference Points Developed in project Site (0.04 acres) Developed in Site Buffer (2,16 acres)
FREEDOM PETRO STORM CIiANNEL PROJECT
a 25 so BIOLOGICAL RESOURCES ASSESSMENT AND MSHCP CONSISTENCY ANALYSIS 0 Feet Vegetation Communities
INTlA NATIO YEAL -
_uilh:r 4tii1SNY'lr+lq I%M 'Jt71YW Sk lY -X4 2'J^'-12Z;4,Vz2Y 91 Figure 4

Attachment 2 — Site Photographs
92 Freedom Petro Storm Channel Project- Site Photos
Photograph 1, Standing in northeast corner of Freedom Petro Storm Channel, lookingsouth. �, �::I1i411i�,!'"44;6"."� '�:I".II!IIRIRA IRRIRMNAIR1111NIRIIII�AAARIAItl 1�:NNIAItlRRMFRNIARi�?�?7``,-. -., I Y
-.'�} -'-,..i.. x. _"4' • SAY ti ♦, r .. .. - /
V.
jo
Photograph 2; Standing in northwest corner of Freedom Petro Storm Channel, looking south 93 ILI` *. - ...
yam` .: .z
Photograph 3: Standing in northeast conicr of Freedom Petro Storm Channel, looking southwest.

Photograph 4: Standing in northwest corner of Freedom Petro Storm Channel, looking southwest.

Photograph 7: Standing in southwest corner of the project site, looking west at the storm drain inlet.

Attachment 3 — Literature Review
97 �, U 1 F"',
Selected Elements by Scientific Name
California Department of Fish and Wildlife '
r * California Natural Diversity Database
' 1 I;NhIKt
(query Criteria: Quad<span style�'coler:Red'} IS alsparo(Yucaipa (341171 1)) Rare Plant
Hank1CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Almaphlla ruficeps canescens ABPBX91091 None None G5T3 S3 WL southern California rufaus-crowned sparrow
AnnleNa stebbinsi ARACC01060 None None G3 23 sSC
Southern California legless lizard
Arizona elegans occldentells ARAD801017 None None G5T2 S2 SSC California glossy snake
Aspidascefls hyperythra ARACJ02060 None None 05 82S3 WL orange -throated whiptali
Aspidoscells tlgris sWnegerl ARACJ02143 None None G5T5 S3 SSC coastal whiptail
Bombus crotchfi IIHYM24480 None Candidate G2 81S2
Crotch bumble bee Endangered
Buteo swafnsonl ABNKC19070 None Threatened 05 S3
Swalnson's hawk
Calochorfusplummerae PMLILOD150 None None G4 54 4.2
Plummer'$ maripo$adily
Canyon Live Oak Ravine Forest OTT61350CA None None G3 S3.3 Canyon Live Oak Ravine Forest
Ghaetodlpus fallax fallax AMAFDO5031 None None G5T3T4 S3S4 SSC northwestern San Diego pocket mouse
Chorizanthe parryi var. parryi PDPGN040J2 None None G3T2 S2 1 B_i Parry's spineflower
Chorizenthe xantl var. leucotheca FDPGN040Z1 None None G4T3 S3 1 B.2 white-bracted spineflower
Diadophis puncfatus modestus ARADB10015 None None G572T3 S2? San Bernardino ringneck snake
Dipfectrona callfornica I ITRI23010 None None G1 G2 S1 S2 California diplectronan caddisfly
Dipadomys merriami parvus AMAFD03143 Endangered Candidate G571 S1 SSC San Bernardino Kangaroo rat Endangered
Dodecahemaleptoceras PDPGNOV010 Endangered Endangered Gi S1 1B.1 slender -horned spineflower
Elanus feucurus ABNKC06010 None None G5 S3S4 FP
white-tailed kite
Empfdonax tralRll extimus ASPAE33043 Endangered Endangered G5T2 S1 southwestern willow flycatcher
Erlastrum denslfalium ssp. sanctorum POPLM03035 Endangered Endangered G4T1 $1 18.1 Santa Ana River waollystar
lmperata brevlfolla PMPQA3DO20 None None G3 S3 2B.1
California satintail
Commercial Version -- Dated October, 30 2022 -- Blogecgraphic Data Branch Page 1 of 3 Report Printed on Tuesday. November 01, 2022 98 Information Expires 4/30/2023

S Selected Elements by Scientific Name
- California Department of Fish and Wildlife
y f• *`rT California Natural Diversity Database
"11;1loi "�y
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Laslurus xanthinus AMACC06070 None None G4G5 S3 $SG
western yellow bat
Lepidlum virginicum var. robinsonii PDBRAI M114 None None G5T3 S3 4.3 Robinson's pepper -grass
Leptonycieds yerbabuenae AMACB03030 Delisted None G3 S1 SSC lesser long -nosed bat
Manardella macrantha ssp. hallil PDLAM180E1 None None G5T3 S3 16.3 Hall's monardella
Neotome leplda lntermedia AMAFF08041 None None G5T3T4 S3S4 SSC San Diego desert woodrat
Oncorhynchus mykiss irideus pop. 10 AFCHA0209J Endangered Gandidate G5T1Q S1 steelhead - southern California DPS Endangered
Phrynosoma blainvillli ARACF12100 None None G3G4 54 $SC coast horned lizard
Rana muscosa AAASH01330 Endangered Endangered G1 S1 WL
southern mountain yellow -legged frog
Rhlnichthys osculus ssp, 8 AFCJB3705K None None G5T1 S1 SSC Santa Ana speckled dace
Riversidlan Alluvial Fan Sage Scrub GTT327200A None None Gi $1.1 Kversidian Alluvial Fan Sage Scrub
Salvadora hexatepis virgultea ARADB30033 None None G5T4 S2S3 SSC coast patch -nosed snake
Sldalcea hickmanilssp- parishli PDMAL11DA3 None Rare MT1 S1 18.2 Parish's checkerbloom
Sldalcea neomexicana PDMAL110JO None None G4 S2 26.2
salt spring checkerbloom
Southern Coast Live Oak Riparian Forest CTT61810CA None None G4 $4 Southern Coast Live Oak Riparian Forest
Southern Cottonwood Willow Riparian Forest CTT61330CA None None G3 S12 Southern Cottonwood Willow Riparian Forest
Southern Riparian Forest CTT61300CA None None G4 S4
Southern Riparian Forest
Southern Riparian Scrub CTT63300CA None None G3 53.2
Southern Riparian Scrub
Southern Sycamore Alder' Riparian Woodiand OTT52400CA None None G4 S4 Southern Sycamore Alder Riparian Woodland
Southern Willow Scrub CTT63320CA None None G3 52.1
Southern Willow Scrub
5pea hammondli AAABF02020 None None 0203 $3 SSC
western spadefoot
Streptanthus campestrls PDBRA2GOSO None None G3 S3 18.3 southern jewelflower
Commercial Version -- Dated October, 30 2022 -- Biogeographic Data Branch Page 2 of 3 Report Printed on Tuesday, November 01, 2022 99 Information Expires 4/3012023

Selected Elements by Scientific blame
California Department of Fish and Wildlife
California Natural Diversity Database
Rare Plant
Rank/CDFW
Species Element Code Federal Status State Status Global Rank State Bank SSC or FP Thamnophis hammondii ARADS36160 None None G4 S3S4 suc
two -striped gartersnaka
Vireo WHY pusiiius
least Bell's vireo
ASP BW01114 Endangered Endangered G5T2
52 Record Count:43
Commercial Version -- Dated October, 30 2022 -- Biogeographic Data Branch Report Printed on Tuesday. November 01, 2022 100

Page 3 of 3 ends

Information Expfres 4130/2023

CNPS Rare Plant Inventory
CALIFOiLNIA

NATIVE PLANT SOCIETY
Search Results
18 matches found. Click on scientific name for details
Search Criteria: Qyk is one of (3411711]
€A RARE
LOWEST
HIGH125T
• SCIENTIFIC
BLOOMINct
FFb STATE GLOBAI,
STATE
PLANT

ELEVATION

ELEVATION
NAME

COMMON NAME

UFEFORM
PERIOD
Liit LIs1 RANK
RANK
RANK
6ENERAL HABITATS
N11CRp HAaITAT5
(Fr}
(FT)
.CQ{Qr.J eau,
Plummer's
perennial
May -Jul
None None G4
S4

4.2 Chaparral, Cismontane
Granitic, Rocky
330
5580
ph0MIer'ne
mariposa lily
bulbiferous
woodland, Coastal scrub, Lower
herb
montane coniferous foresk
Valley and foothill grassland
CJvprrrnrlthp
parrs
annual herb
Apr-)un
None None G3T2
52 181
Chaparralr Cismontane
Openings, Rocky
900
4005
Pffa var
spineflower
woodland. Coastal sorb, Valley
(s8metime3),
utl N
and foothill grassland
Sandy
(sometimes)
Chnrizanrhe
white•bracted
annual herb
Apr -Jun
None None G4T3
53 1R.2
Coastal scrub, Mojavean desert
Gravelly
985
3935
Kanti var.
spineflower
scrub. Pinyon and juniper
(sometimes),
ieproff Em
woodland
Sandy
(sometimes)
Oodeeaherna
slender -homed
annual herb
Apr -Jun
FE CE G1
51 1B.1
Chaparral. Cismontane
Sandy
655
2495
Lepta mi
spineflower
woodland, Coastal scrub
&�aa=
Santa Ana River
perennial
Apr -Sep
FE CE G4T1
51 1B,1
Chaparral, Coastal scrub
Gravelly
300
2000
jatjj firrm ssll,
woallystar
herb
(sometimes),
saneforta
Sandy
(sometimes)
Anpemra
California
pmnnial
Sep•May
None None G3
S3

26.1 Chaparral, Coastal scrub.

Mesic
0 1985
bLwfplia
satintaJ
rhizomatau5
Meadows and seeps, Mojavean
herb
desert scrub, Riparian scrub
2ugl=
Southern
perennial
Mar -Aug
None None G4
S4
4-2
Chaparral. Cismontane
165
2955
L6hGM(W
California black
deciduous
woodland, Coastal scrub,
walnut
tree
Riparian woodland
Afnu{ Ourarrii
Duran's rush
perennial
Jul -Aug
None None G3
S3

4.3 Lower montane coniferous
Me5iC
5800
9200
rhisamatous
forest, Meadows and seeps,
herb
Upper montane coniferous
fared
Lea(&=
Robinson's
annualhelb
)an -Jul
None None GST3
53 4.3
Chaparral, Coastal scrub
5 2905
ybinicuuTvar,
mhimmCU
pepper-gras5
Liifum
oeellated
perennial
Mar-
None None G4T4?
54?

3.2 Chaparral, Cismontane
Openings
100
5905
Humholdh ssp,
Humboldt lily
bulbiferous
Jul(Aug)
woodland, Coastal scrub, Lower
mxeffatum
herb
montane coniferous Forest
Riparian woodland
Mnna'deffB
Hall's
perennial
Jun -Oct
None None GST3
53 10.3
Broadleafed upland forest,
2395
7200
nurcronflra $sR
monardella
rhizomatous
Chaparral, Cismontane
hf ffif
herb
woodland, Lower montane
coniferous forest, Valley and
foothill grassland
MuUla mroneta
crowned muilla
perennial
Mar-
None None G3
53 4.2
Cheaopod scrub, Joshua tree
2200
6430
bulbiferous
Apr(May)
"woodland", Mojavean desert
herb
scrub, pinyon and juniper
woodland
?4'=0
narrcw•petaled
perennial
May -Jul
None None G4
54 4.3
Cismontane woodland, Lower
1245
7300
fsk(Qpafnfn
rein orchid
herb
montane coniferous forest
Upper montane coniferous
forest
&perliO rfg1djI
Parish's rupertia
perennial
Jun-Auq
None None G4
54 4.3
Chaparrak Cismontane
2295
8205
herb
woodland, Lower montane
coniferous forest, Meadows
and seeps, Pebble (Pavement)
101
plain, Valley and foothill

grassland
Seneci�
San Gabriel
perennial
May -Jul None None G3 S3

4.3 Chaparral, Coastal bluff scrub Rocky, Slopes 1310 4920 q�te In tunas
ragwort
herb
�idalcmn
Parish's
perennial
(May)Jun- None CR G3T1 S1
1B.2 Chaparral, Cismontane 3280 8200
hickmanii=s1)
checkerbloom
herb
Aug
woodland, Lower montane
parishri
coniferous forest
Sidalrea
salt spring
perennial
Mar -Jun None None G4 S2
26,2 Chaparral, Coastal scrub, Lower Alkaline, Mesic 50 5020 Lie
_gm xicano
checkerbloom
herb
montane coniferous forest,
Mojavean desert scrub, Playas
Streptanthus
southern
perennial
(Apr)May- None None G3 53

18.3 Chaparral, Lower montane Rocky 2955 7545
campestris
jewelflower
herb
Jul
coniferous forest, Pinyon and
juniper woodland
Showing 1 to 18 of 18 entries
Suggested Citation:

California Native Plant Society, Rare Plant Program. 2022. Rare Plant Inventory (online edition, v9-01 1.5). Website https://www.rareplants.cnps.org [accessed 1 November 20221. 102

11/15/22, 1:15 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area.

However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) infor_m_,,,at6'n� H c 4ry
4 i
Below is a summary of the project information you provided and contact infQr,mti fctr t(e USFWS office(s) with jurisdiction in the defined project area. Please read -Abe irtrocl ction to each section that follows (Endangered Species, Migratory Birds, US�fSies, and NWI Wetlands) for additional information applicable to the trust rcrces addressed in that section. s
Location�t
San Bernardino County,
*R
Local office
Californian y
Carlsbad Fish And Wildlife Office
�. (760) 431-9440
(760) 431-5901
2177 Salk Avenue - Suite 250
https://ipac.ecosphere.fws.gov/location/2JPZEMF46JDOROT42D3BDOV2ZM/l'03,rces 1/15

11/15/22, 1:15 PM
Carlsbad, CA 92008-7385
IPaC: Explore Location resources

4. 5..
https://ipac.ecosphere.fws.gov/location/2JPZEMF46JDOROT42D3BDOV2ZM/i,04rces 2/15

11115l22, 1:15 PM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the Known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on,;th.is list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is -often required.
y
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any proje,ct,that is conducted, permitted, funded, or licensed by any Federal agency. A letterfrom .the local office and a species list which fulfills this requirement can only be abtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following:

1. Draw.the project location and click CONTINUE.

2. Click DEr,INE`PROJECT.

3. Lai in (if directed to do so).
4: Provide a name and description for your project.

S. Click REQUEST SPECIES LIST.

Listed species' and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheriesz).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their 'urisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https;Ilipac.ecosphere.fws.govJbcaliuni2JPZEMF46JD0ROT42D3BDOV2ZMII�oariirGes 3115

11115122. 1:15 PM
INC: Explore Location resources

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially affected by activities in this location:

Mammals
NAME
San Bernardino Merriam's Kangaroo Rat Dipodomys
merriami parvus
Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
b ttps:/iecos.fws.gov/ecp/spec ies/2060
Birds
NAME
Coastal California Cnatcatcher Polioptila californi
californica
Wherever found
There is final critical habitat for this s ei�fe You 6
not overlap the critical habitat..
fps://ecos.fws.gov/eCp/sp cie 8178
STATUS
Endangered
',,STATUS
o
T�reatened
r
n does
Least Bell's Vireo ''Vireo bellii pusillus
Wherever fouh'o
There is fina'l;,critical habitat for this species. Your location does not overlap the critical habitat.
hrtps://ecos.fvvs.gov/ecp/species/5945
Southwestern Willow Flycatcher Empidonax traillii extimus Wherever found
There is final critical habitat for this species. Your location does not overlap the critical habitat.
ly# ps://ecos.fws.g ecp/species/6749
Amphibians
NAME
Endangered
Endangered
STATUS
https:llipac,ecosphere.fws.govllocatlonl2JPZEMF46JDOR0742D3BDOV2ZMAAbirces 4115

11115122. 1 ' 15 PM
INC: Explore Location resources
Mountain Yellow -legged Frog Rana muscosa Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
https:///_ecos,fws.gov/ecplspecies/8037/8037
Fishes
NAME
STATUS
Santa Ana Sucker Catostomus santaanae Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.

LLt.q5:/Iecos,fws.gov/ecplspecies/3785
Insects "I
NAME STAT�I.

Monarch Butterfly Danaus plexippus Candi Vie
Wherever found
No critical habitat has been designated for this species. hops://ecas.fws,gov/ecplspecies/9743
Flowering Plants
NAME
Santa Ana River Wooliji-star E`i�iastrum densifolium ssp. sanctorum
Wherever. -found
No. critical habitat has been designated for this species. h &ps;L/ecos.fws.gov/ecp/species/6575
Slender -horned Spineflower Dodecahema leptoceras
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gav/ecplspecies/4007
Critical habitats
STATUS
Endangered
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

There are no critical habitats at this location.
https;llipac.ecosphere.fws•gov/locationl2JPZEMF46JDOROT42D3BDOV2ZMlfi7,rc$5 5115

11115122, 1 '15 PM IPaC: Explore Location resources
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act?.

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gav/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/c9_Llectj-on5/"avoiding-and minimizingJncideritalAake- migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/document /hatio wide=standard-consery tion- measures.p- if
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCQ,HSt or warrant special attention in your project location. To learn more"a,boutthe levels of concern for birds on your list and how this list is generated, seethe FAO below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range, and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list -are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON
httpsJlipac.ewsphere.fws.govllocationi2JPZEMF46JDOROT42D3BDOV2Z4uurces 6/15

11115122, 1.15 PM IPaC: Explore Location resources
Allen's Hummingbird 5elasphorus Basin Breeds Feb 1 to Jul 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecpLpecies/9637
Bald Eagle Haliaeetus leucocephalus Breeds Jan 1 to Aug 31 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.
gelding's Savannah Sparrow Passerculus sandwichensis
Breeds Apr 1 to Aug 15
beldingi
This is a Bird of conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA hops://eco s.fws.gov/ecp/species/8
Black Swift Cypseloides niger
-f3ree J ' n 15 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout.its range in the continental USA and Alaska,
https://ecos.fvvs.gov/ecp-/apecies/8$7$
Black -chinned Sparrow Spizella atrdgularis
Breeds Apr 15 to Jul 31
This is a Bird of Conservation Cohcern'(BCC) throughout its range in the continental USA and Alaska.
hops://ecos.fws.gov-- /spPcies/9447
BullocO` griol.e Icterus bullockii
Breeds Mar 21 to Jul 25
This is a.Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA California Gull Larus californicus Breeds Mar 1 to Jul 31 This is a Bird of Conservation Concern (BCC} throughout its range in the continental USA and Alaska.

California Thrasher Toxostoma redivivurn BreedsJan 1 to Jul31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https:l/lpac.ecosphere.fws.govllocation/2JPZEMF46JDOROT42D3BDOV2ZM� roes 7/15

11/15/22, 1:15 PM IPaC: F_xplore Location resources
Cassin's Finch Carpodacus cassinii Breeds May 15 to Jul 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
fps;//ecos.fws.gov/ecp/species/9462
Common Yellowthroat Geothlypi.s trichas sinuosa Breeds May 20 to Jul 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA fps://ecos.fws.ggV/ecp/species/2084
Golden Eagle Aquila chrysaetos
Breeds Jan 1 to Aug 31
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.
hit ps:llecas.fws,gov/ecplspecies/1680
Lawrence's Goldfinch Carduelis lawrencei reeds_. Mar 20 to Sep 20 This is a Bird of Conservation Concern (BCC) throughout i range in the continental USA and Alaska.
https://ecos.fws.gov/ec -epe es/9454
Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern''(RCQ only in particular Bird Conservation Regions (BCRs)in the continental USA
https://ecos.fws.goti'r . /e'Cp/sp�cies19410
Oak Titmo,.us4 Baeolophus inornatus
This is a Bird'of Conservation Concern (BCC) throughout its ..CAnge in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9 56
Olive -sided Flycatcher Contopus cooperi
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecplspecies/3914
Wrentit Chamaea fasciata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Probability of Presence Summary
Breeds Apr 1 to Jul 20
Breeds Mar 15 to Jul 15
Breeds May 20 to Aug 31
Breeds Mar 15 to Aug 10
https: Ili pac.ecosphere.fws.govllocatlon/2JPZE�MF46JDORpT42p313DOMMUPirces B/15

11/15/22, 1:15 PM
IPaC: Explore Location resources
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence (_ )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high.
t
How is the probability of presence score calculated? The calculation is done inAtfre steps wTF

1. The probability of presence for each week is calculated as the number of s�aevents in the week where the species was detected divided by the total ricr bed purvey events for that week. For example, if in week 12 there were 20 sueve' i sand the Spotted Towhee was found in 5 of them, the probability ofSpotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence ;qs h year, the relative probability of presence is calculated. This is the prbbilit o presence divided by the maximum probability of presence across all weelFcr example, imagine the probability of presence in week 20 for t i�j otte whee is 0.05, and that the probability of presence at week 12 (0.25) is the rr Jmft of any week of the year. The relative probability of presence on wq, 016is Q. 5%0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

3. The relat"v 'proNbility of presence calculated in the previous step undergoes a statistical con", n o that all possible values fall between 0 and 10, inclusive. This is the Tproabily of presence score.

Tf
To fee 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 (1)
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 (—)
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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. probability of presence breeding season I survey effort — no data

SPECIES JAN FEES MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Allen's ! I 1 1 1 1 1 1 1 1! 1 1 1 1 1 III ! I I I I I I I I I I I I I I I I I I I I IIII III l Hummingbird
BCC Rangewide
(CON)
Bald Eagle I III IIII Jill Jill 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l 1 1 1 Jill 1 1 1 1 1 ;l i i Non -BCC
Vulnerable
Belding's
Savannah
Sparrow

BCC - BCR
Black Swift IIII IIII I III I I I
BCC Rangewide
(CON)
1 1 1 IIII 1 1 1 Ili I i i 1 Jill 1 I I 1 1 1 1 1
N.
1 1 1 I I I I I l l l i i •l I I I 11- -�--I--I--I- I-f--I-_I_ _I__I_.I__I_ Black -chinned
Sparrow
BCC Rangewide
(CON)
Bullock's Oriole i 1 1 l IIII Jill III 1 1 1 1 1 IIII III IIII ! 1 1 1 IIII IIII III -I

BCC -BCR
California Gull I # 1 I IIII IIII IIII IIII IIII III I IIII IIII IIII IIII I I ! 1 BCC Rangewide
(CQN)
Cal,0rn a' 1 1 1 1 I I I I Jill 1 1 1 1 1 1 1 1 1 1 1 1 IIII 11 1, 1 1 1 1 1 I I I I 1 1 1 1 1 1 1 1 Thrasher
BCC Rangewide
(CON)
Cassin's Finch III I 1-1--I--I--I-V1--I- 1 1-I--I- -1--1..1-1 .., I ..I-.l_ .I. L .L_I. _L_I__I,_I_ _I.,I _L.1 1.1.1.. I. 1.4.1-1.

BCC Rangewide
(CON)
Common 11 I 1 1 1 1 1 1 1 1--I- 1-1--1 t E; 1 1,_1 otiI..I. I 1.. al ills � Yel lowthroat

BCC - BCR
Golden Eagle 1 1 1 1 IIII IIII IIII I III
Nora -BCC
Vulnerable
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Lawrence's
Idf' h
Ga inc
BCC Rangewide
(CON)

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC NuttaII's III! III! IIII IIII. IIII IIII llil II,I IIII IIII IIII IIII Woodpecker

BCC - BCR
Oak Titmouse I I I I I' I I II I I I I I I I I I IIII IIII IIII I I' I I IIII I II I I I I I BCC Rangewide
(CON)
Olive -sided I f l l l l l l l l l l IIII IIII IIII IIII IIII IIII IIII IIII III I Flycatcher
BCC Rangewide
(CON)
crc Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid of 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 .ofthese'measu.res is particularly important when birds

1. 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 mew 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 list of migratory birds that potentially occur in my specified Iocatiorle
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 I Okm grid cell(s) which your project intersects, and that have been 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 Rapid Avian Information Locator (RAIL) Tool, What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 11
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IPaC: Explore Location resources
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 Batas
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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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 c'ontefn:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of:concern throughout their range anywhere within the USA (including Hawaii, the Pacif 'llslands,`.Puerto Rico, and the Virgin Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (SCRs) 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 (*,-eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types*development or activities (e.g. offshore energy development or iongline fishing).

Although it is irnportant 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 rTxinimize 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 Madeling.and Predictive Mapping of Marine Bird Distributions and AbundanceQtithe.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 Stud and the nanotag studies or contact Caleb Spiegel or Pam Loring.
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What if I have eagles on my list?
INC: Explore Location resources
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.

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
Coastal Barrier Resources System
Projects within the john_H—Chiahee Coastal Barrier Resources System (CBRS) may be subject to the restrictions or! Federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (1 b U.S.C. 3501 et seq.). For more information,i please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process.

There are no known coastal barriers at this location.

Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for inlout determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation https:llipac.ecosphere.fws.govliocationY2JPZ5MF46JDOROT42D3BOOV2ZMI etirces 13115

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Data exclusions
IPaC: Explore Location resources
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact [email protected].

Facilities
National Wildlife Refuge lands 1�4
Any activity proposed on lands managed by the National Wildlife Refuge systerp st undergo a 'Compatibility determination' conducted by the Refuge. Please contac 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 Inventor
(NWI)
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.

This location did not intersect any wetlands mapped by NWL NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. https:ffipac.ecosphere.ftms.govllocationl2JPZEMF48JOQRQT42D3BDQV2ZMP llkrces 14/15

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Data limitations
IPaC: Explore Location resources
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. a
r�
t,
Data exclusions 3
Certain wetland habitats are excluded from the National mapping program bees otheimi'ations of c, �
aerial imagery as the primary data source used to detect wetlands. These ha i4t II IuC seagrasses or submerged aquatic vegetation that are found in the intertidal and subtitl ,yzoneApf`estuaries and nearshore coastal waters. Some deepwater reef communities �� r or t4b id worm reefs) have also been excluded from the inventory. These habitats, because otim,, go undetected by aerial imagery.
v �s
Data precautions
Federal, state, and local regulators agencies jurisdiction over wetlands may define and describe wetlands in a different man..n r used in this inventory. There is no attempt, in either the design or �A
products of this inventory, or , t de, the limits of proprietary jurisdiction of an Federal, state, or local p Yw P P Y J Y
government or establish the geographical scope of the regulatory programs of government agencies.

Persons i�rndlrtg to en age in activities involving modifications within or adjacent to wetland areas should seekhadvi Appropriate Federal, state, or local agencies concerning specified agency regulatory proprietary jurisdictions that may affect such activities. https://ipac.ecosphere.fws.gov/location/2JPZEMF46JDOROT42D3BDOV2ZMP iswlrces 15/15

ATTACHMENT 5
118

ATTACHMENT 5

INTERNATIONAL
March 28, 2023
Mr. Axesh Patel
Freedom Petro Inc.
35298 Yucaipa Boulevard
Yucaipa, California 92399
Subject: Delineation of State and Federal Jurisdictional Waters for the Freedom Petro Storm Channel Project, City of Yucaipa, San Bernardino County, California Dear Mr. Patel,
Michael Baker International (Michael Baker) has prepared this jurisdictional delineation letter report for the City of Yucaipa to document the methods and results of the jurisdictional delineation and documents the jurisdictional authority of the U.S. Army Corps of Engineers Los Angeles District (Corps), Santa Ana Regional Water Quality Control Board (Regional Board), and California Department of Fish and Wildlife (CDFW) Inland Deserts Region within the Freedom Petro Storm Channel Project (Project) site. Specifically, this report has been prepared to describe, map, and quantify aquatic and other hydrologic features located within the project site.

The fieldwork for this jurisdictional delineation was conducted by Michael Baker on November 22, 2022.

This report presents the methodology utilized throughout the course of the delineation, defines the jurisdictional authority of the regulatory agencies, and documents the findings made by Michael Baker. This report presents Michael Baker's determination of jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance provided by the regulatory agencies.

PROJECT LOCATION
The proposed Project is located at 35298 Acacia Avenue in the City of Yucaipa, San Bernardino County, California (refer to Figure 1 and Figure 2 in Attachment 1). The project site is depicted in Section 6, Township 2 South, Range 1 West on the U.S. Geological Survey's (USGS) Yucaipa, California, California 7.5-minute quadrangle map (refer to Figure 2, Project Vicinity). Specifically, the project site is comprised of assessor's parcel number (APN) 030-327-339 and totals approximately 0.56- acre. It is located at the southwest corner of Acacia Avenue and Bryant Street (refer to Attachment 1, Figure 3, Project Site).

MBAKERINTL.COM
3536 Concourse Street, Suite 100 ( Ontario, CA 91724
Office: 909-974-4900 1 Fax: 909-974-40041 mbakerintl.com 119

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SUMMARY OF REGULATIONS
There are three key agencies that regulate activities within streams, wetlands, and riparian areas in California. The Corps Regulatory Division regulates activities pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFW regulates activities under Sections 1600 et seq. of the California Fish and Game Code (CFGC), and the Regional Board regulates activities pursuant to Section 401 of the CWA and Section 13263 of the California Porter -Cologne Water Quality Control Act (Porter -Cologne Act).

Literature Review
A thorough review of relevant literature and materials was conducted to obtain a general understanding of the environmental setting and preliminarily identify any features/areas that may fall under the jurisdiction of the regulatory agencies. Relevant materials utilized during the literature review are summarized below.

Soils
Soils mapped by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), Web Soil Survey were reviewed prior to conducting the field delineation in the study area (refer to Attachment 1-Figure 4, NRCS Soils). According to the Custom Soil Resources Report for San Bernardino County Southwestern Part, California, the survey area is underlain by Ramona sandy loam (USDA 2023a) and have been mechanically disturbed throughout the project site. This soil type typically occurs on alluvial fans and terraces According to the USDA NRCS Hydric Soils List for California (USDA 2023b), soils within the project site are not hydric.

Watershed
The project site occurs within the Santa Ana River Watershed Hydrological Unity (HU) (HUC 18070203). The Santa Ana River Watershed HU drains into the Santa Ana River and eventually into the Pacific Ocean. Topography varies from the San Bernardino Mountains to the coastal foothills of the Chino Hills to the coastal plain of Orange County. Many of the existing drainages within this watershed are ephemeral or intermittent, and some are manipulated and/or channelized within urban concrete channels. The project site is within the San Timoteo 120

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Hydrological Area (HA) and Oak Glen Hydrological Sub Area (HSA) (refer to Figure 5, National Hydrography Dataset in Attachment 1).

National Wetlands Inventory
Base on a review of the U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) Mapper (USFWS 2023). No wetlands or other riparian system has been mapped within the study area. Refer to Attachment 1-Figure 6, National Wetlands Inventory).

Flood 7one
Michael Baker reviewed the Federal Emergency Management Agency's (FEMA's) National Flood Hazard Layer. Based on the Flood Insurance Rate Map No. 06071C8745H the project site is in Zone X, area of minimal flood hazard.

METHODOLOGY
Michael Baker qualified wetland delineator and regulatory specialist Tom Millington conducted a formal jurisdictional delineation of the project site on January 27, 2023, using the most recent, agency -approved methodology to identify and map jurisdictional limits within the project site.

The delineation was conducted to determine the jurisdictional limits of waters of the U.S. (WoUS), including potential wetlands, and waters of the State located within the boundaries of the project site. This aquatic resources delineation was conducted in accordance with the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE 2008a), A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2008b), the Updated Datasheet for the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2010).

Potential jurisdictional features were recorded on an aerial base map at a scale of approximately 1" = 200' using topographic contours and visible landmarks as guidelines. The width of ordinary high-water mark (OHWM) indicators and the locations of photographs, soil pits, and other pertinent jurisdictional features, if present, are recorded and identified, and included in figures prepared using ESRI ArcMap Version 10.6 software. The Jepson Manual, 2nd Edition (Baldwin et al. 2012) and the USACE National Wetland Plant List (USACE 2020) were used for plant nomenclature and identification.

CDFW jurisdiction typically includes water features with a defined bed and bank. Evaluation of potentially jurisdictional areas followed the guidance of relevant standard practices by CDFW personnel. Briefly, CDFW jurisdiction was delineated by measuring the outer width and length 121

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boundaries of potentially jurisdictional areas, consisting of the greater of either the top of bank measurement or the extent of associated riparian or wetland vegetation.

SITE CONDITIONS
The project occurs in the City of Yucaipa which sits at the foot of the San Bernardino Mountains.

The proposed project occurs in a residential and commercial area in the City of Yucaipa. The project site is relatively flat and occurs at an elevation of approximately 2680 feet above mean sea level. The project site is a vacant lot on the southwest corner of Acacia Avenue and Bryant Street. Annual average precipitation in the City of Yucaipa is 9.99-inches.

Based on a review of the results from the field survey and a review of historic aerial imagery (Google, Inc. 2023), the project site had a previous residential home on the property, however the building has been removed and the site remains vacant. There are no natural vegetation communities on the project site. The project site is fully comprised of Disturbed/Bare Ground and Developed land uses occur within the surrounding study area. Refer to Figure 7 for the land use types present in the study area. Refer to Attachment B for representative photographs taken within the project site during the jurisdictional delineation.

A single ephemeral drainage traverses 248 linear feet across the southern edge of the project site. Flows originate from a 48-inch reinforced concrete pipe (RCP) under Bryant Street, and flow west to an offsite outlet comprised of two (2) 24-inch corrugated metal pipe (CMP) storm water inlets. This ephemeral drainage appears to drain to Oak Glen Creek, an intermittent drainage, via underground infrastructure. The width of the ordinary high water mark (OHWM) was 4-feet (0.11 acre) and the width between of the bed and bank ranged from 12-18 feet (0.087 acre). A small patch of mulefat (FAC) (0.004 acre) was present within the drainage. No wetlands are present in the study area.

A summary of the USACE, RWQCB, and CDFW jurisdiction is found in Table 2.

Table 2. Jurisdictional Delineation Results
Feature

USACE/RWQCB
CDFW
Non -Wetland (acre)
Wetland (acre)
Riparian
Unvegetated
(acre)
Streambed
(acre)
Drainage 1

0.011
0 0.004

0.087
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REGULATORY APPROVAL PROCESS
This report has been prepared for the City to document the jurisdictional authority of the Corps, Regional Board, and CDFW applicable to the project. The following sections provide a general summary of the various permits, certifications, and agreements that would be required prior to any temporary or permanent impacts occurring to jurisdictional areas within the project site (refer to Figure 8). However, it should be noted that only the regulatory agencies can make a final determination of jurisdictional limits.

U.S. Army Corps of Engineers
The Corps regulates discharges of dredged or fill materials into WoUS, including wetlands, pursuant to Section 404 of the CWA. The ephemeral drainage is likely a WoUS, and therefore, a permit from the Corps prior to commencement of construction activities would be required.

Regional Water Quality Control Board
The Regional Board regulates discharges to surface waters pursuant to Section 401 of the CWA and the Porter Cologne Act. This includes surface waters lacking a significant nexus to (i.e., isolated from) adjacent or downstream waters. Impacts occurring within Regional Board jurisdiction would require a Waste Discharge Requirements (WDR) issued from the Regional Board prior to commencement of construction.

California Department of Fish and Wildlife
Pursuant to Sections 1600 et seq. of the California Fish and Game Code, the CDFW regulates any activity that would divert or obstruct the natural flow or alter the bed, channel, or bank of a lake or streambed; this would also include any impacts to associated riparian vegetation. Impacts occurring within CDFW jurisdiction would require notification for a Section 1602 Lake and Streambed Alteration (LSA) Agreement from CDFW prior to commencement of construction activities.

Please feel free to contact me at (909) 974-4952 or at shelah.riggsmbakerintl.com with any questions you may have regarding the information presented in this report.

Sincerely,
5helah Riggs
Senior Regulatory Specialist
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Attachment 1- Figures
Figure 1. Regional
Figure 2. Project Location
Figure 3. Project Site
Figure 4. Soils
Figure 5. National Hydrography Dataset
Figure 6. National Wetlands Inventory
Figure 7. Vegetation Communities
Figure 8. Jurisdictional Resources
Attachment 2 -Site Photographs

REFERENCES
Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, and D. H. Wilken, (eds.). 2012. The Jepson Manual: Vascular Plants of California, 2nd edition. Berkeley, CA:

University of California Press. 1,568 pp.

Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. Vicksburg, MS: U.S. Army Waterways Experiment Station.

GoogleEarth. Google Earth Pro version 7.3.6.9345. (Data released 2022). Available through:

URL. Accessed date: March 2023.

Lichvar, R.W., D.C. Finnegan, M.P. Ericsson, and W. Ochs. 2006. Distribution of Ordinary High Water Mark Indicators and their Reliability in Identifying the Limits of "Waters of the United States" in the Arid Southwestern Channels. ERDC/CRREL TR-06-5. Hanover, New Hampshire: U.S. Army Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory.

USDA, NRCS. 2022. Soil Data Access Hydric Soils List. Available at https://www.nres.usda.gov/wps/portal/nres/main/soils/use/hydric/ . March 20, 2023.

U.S. Army Corps of Engineers (USACE), Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1.

USACE. 2008a. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:

Arid West Region (Version 2.0). ERDC/EL TR-08-28. Vicksburg, MS: U.S. Army Engineer Research and Development Center.
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USACE. 2008b.A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Legion of the Western United States. August. Available:
http://www.crrel.usace.army.mil/library/technicalreports/ERDC-CRREL-TR-08-12.pdf .

USACE. 2010. Updated Datasheet for the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. July 2010.

USACE. 2020. NWPL 2020 (v3.5) Regional List for the Arid West. Accessed online at:
https.//wetland-plants.sec.usace.army.mil/nwpl static/v34/home/home.html.

U.S. Army Corps of Engineers 2020. National Wetland Plant List, version 3.5. Available:
http:/Iwetland-plants.usace.army.m!I/. U.S. Army Corps of Engineers Engineer Research and Development Center Cold Regions Research and Engineering Laboratory, Hanover, NH.

U.S. Department of Agriculture (USDA). 2023a. Custom Soil Resource Report for San Bernardino County Southwestern Fart, California (CA577). Accessed online at:
https://websollsurvey.sc.eLov.usda.gov/App/WebSoilSurvey.asijx , USDA, NRCS. 2023b. Hydric Soils List of California. Accessed online at:
http://www.nres.usda.gov/wps/portal/nres/main/soils/use/hydric/ .

U.S. Fish and Wildlife Service. 2023. National Wetlands Inventory, Wetlands Mapper.

Washington, D.C. Available: https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands- ma er . Accessed: March 2023.

U.S. Geological Survey, 7.5 Minute Series Topographic Quadrangle, Yucaipa, California, 2023. 125

Attachment 1- Figures
126

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Aliias _
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1 . .. _ Latitude (NAD83): 34,034627'
2 _ _ -' Longitude (NA083):-117.034834°
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1 Project Site

FREEDOM PETRO STORM CHANNEL PROJECT
DELI NEA110N OF STATE AND FEDERAL JURISDICTIONAL WATERS lawn; TM' °C 00elet Project Location
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Legend
Project Site (0.56 acre)
Surrey Site (100ft)
(D Reference Point

FREEDOM PETRO STORM CHANNEL PROJECT

DELINEATION OF STATE AND FEDERAL JURISDICTIONAL WATERS
INt#RM ATIGArL Siiiii@@Feet Project Site
129 Figure 3

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FREEDOM PETRO STORM CHANNEL PROJECT
DELINEATION OF: STATE AND FEDERAL JURISDICTIONAL WATERS USDA Soils
Figure 4
130

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FREEDOM PETRO STORM CHANNEL PROJECT
DEL{NEATION OF STATE AND FFOERAL .JURISDICTIONAL WATERS Vegetation Communities
133 Figure 7

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FREEDOM PETRO STORM CHANNEL PROJECT

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Jurisdictional Resources
134 Figure 8

Attachment 2 — Site Photos
135

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Attachment 1. Site Photographs
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Photo 3- View northwest of the top of bank of the drainage - Photo 4- View northeast of the bottom of the ephemeral channel. Evidence of matted vegetation, surface relief, in the bed of the drainage feature. 137

Attachment 1. Site Photographs
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Photo 5- View west of the riparian habitat in the drainage. .4;
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1 Photo 6- View east of the ephemeral drainage from the top of bank. 138

Attachment 1. Site Photographs
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Photo 8- View east of the topo of bank of the ephemeral drainage. 139

Yucaipa City CouncilJune 12, 2023

Yucaipa City Council
June 12, 2023