ENVIRONMENTAL ASSESSMENT (2017)

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ENVIRONMENTAL ASSESSMENT

TRINIDAD RANCHERIA

STORMWATER IMPROVEMENT AND

INTERPRETIVE VISITOR CENTER PROJECT

."3$) 2017

LEAD AGENCY:

Bureau of Indian Affairs

2800 Cottage Way

Sacramento, CA 95825

(916) 978-6000

ENVIRONMENTAL ASSESSMENT

TRINIDAD RANCHERIA

STORMWATER IMPROVEMENT AND

INTERPRETIVE VISITOR CENTER PROJECT

."3$) 2017

LEAD AGENCY:

Bureau of Indian Affairs

2800 Cottage Way

Sacramento, CA 95825

(916) 978-6000

PREPARED BY:

Analytical Environmental Services

1801 7th Street, Suite 100

Sacramento, CA 95811

(916) 447-3479

www.analyticalcorp.com

TABLE OF CONTENTS

TRINIDAD RANCHERIA

STORMWATER IMPROVEMENT AND INTERPRETIVE

VISITOR CENTER PROJECT

ENVIRONMENTAL ASSESSMENT

1.0

INTRODUCTION

1.1

Introduction......................................................................................................................1-1

1.2

Background......................................................................................................................1-1

1.3

Location and Setting ........................................................................................................1-3

1.4

Purpose and Need for the Proposed Action .....................................................................1-3

1.5

Overview of the Environmental Review Process ............................................................1-8

1.6

Environmental Issues Addressed .....................................................................................1-8

1.7

Regulatory Requirements and Approvals ........................................................................1-8

2.0

PROPOSED ACTION AND ALTERNATIVES

2.1

Selection of Alternatives for Detailed Evaluation ...........................................................2-1

2.2

Proposed Action and Proposed Project............................................................................2-1

2.3

No-Action Alternative .....................................................................................................2-9

2.4

Comparison of the Proposed Action and the Project Alternatives.................................2-10

3.0

DESCRIPTION OF AFFECTED ENVIRONMENT

3.1

Land Resources................................................................................................................3-1

3.2

Water Resources ..............................................................................................................3-5

3.3

Air Quality and Greenhouse Gas ...................................................................................3-10

3.4

Biological Resources .....................................................................................................3-15

3.5

Cultural Resources.........................................................................................................3-21

3.6

Socioeconomic Conditions / Environmental Justice......................................................3-24

3.7

Transportation and Circulation ......................................................................................3-27

3.8

Land Use ........................................................................................................................3-28

3.9

Agriculture .....................................................................................................................3-29

3.10

Public Services...............................................................................................................3-31

3.11

Noise ..............................................................................................................................3-33

3.12

Hazardous Materials ......................................................................................................3-36

3.13

Visual Resources............................................................................................................3-36

4.0

ENVIRONMENTAL CONSEQUENCES

4.1

Proposed Action...............................................................................................................4-1

4.2

No-Action Alternative ...................................................................................................4-17

4.3

Cumulative Effects ........................................................................................................4-19

4.4

Indirect and Growth-Inducing Effects ...........................................................................4-25

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5.0

MITIGATION MEASURES

5.1

Land Resources................................................................................................................5-1

5.2

Water Resources ..............................................................................................................5-3

5.3

Air Quality .......................................................................................................................5-3

5.4

Biological Resources .......................................................................................................5-3

5.5

Cultural Resources...........................................................................................................5-5

5.6

Socioeconomic Conditions / Environmental Justice........................................................5-6

5.7

Transportation and Circulation ........................................................................................5-6

5.8

Land Use ..........................................................................................................................5-6

5.9

Agriculture .......................................................................................................................5-6

5.10

Public Services.................................................................................................................5-6

5.11

Noise ................................................................................................................................5-6

5.12

Hazardous Materials ........................................................................................................5-7

5.13

Visual Resources..............................................................................................................5-7

6.0

CONSULTATION, COORDINATION AND LIST OF PREPARERS

6.1

Federal Agencies..............................................................................................................6-1

6.2

Local Government ...........................................................................................................6-1

6.3

Preparers of Environmental Assessment .........................................................................6-1

7.0

BIBLIOGRAPHY............................................................................................................................7-1

LIST OF TABLES

2-1

3-1

3-2

3-3

3-4

3-5

3-6

3-7

3-8

3-9

3-10

3-11

3-12

4.1-1

4.1-2

4.1-3

4.1-4

4.1-5

4.3-1

4.3-2

Requested Trust Parcels...................................................................................................2-2

Soil Properties for Soils on the Project Site.....................................................................3-2

General Water Quality Objectives for the Eel River ......................................................3-9

2010 Clean Water Act Section 303(D) List .....................................................................3-9

Water Quality Objectives for Groundwater .....................................................................3-9

National Ambient Air Quality Standards.......................................................................3-11

NCAB Attainment Status...............................................................................................3-14

Potentially Occurring Federal Special-Status Species ...................................................3-20

Trinidad, Humboldt County, California Demographics ................................................3-25

Trinidad, Humboldt County, California Employment ...................................................3-25

Cher-Ae Heights Inidan Community of Trinidad Rancheria Estimates ........................3-26

Humboldt County Race/Income Profile.........................................................................3-26

Typical Sound Levels of Common Noise Sources ........................................................3-34

Wastewater Flows for Alternative A ...............................................................................4-3

Unmitigated Construction Emissions ..............................................................................4-7

Unmitigated Operational Emissions ................................................................................4-7

Typical Construction Noise Levels................................................................................4-15

Typical Noise Levels from Construction Equipment ....................................................4-15

Greenhouse Gas CO2 Equivalent ...................................................................................4-22

Alternative A GHG Emissions.......................................................................................4-22

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LIST OF FIGURES

1-1

1-2

1-3

2-1

2-2

3-1

3-2

3-3

3-4

Regional Location............................................................................................................1-4

Site and Vicinity ..............................................................................................................1-5

Aerial Photograph ............................................................................................................1-6

Site Plan ...........................................................................................................................2-4

Interpretive Center Site Plan............................................................................................2-5

Regional Faults ................................................................................................................3-3

Soil Types ........................................................................................................................3-4

Habitat Types and Potential Waters of the U.S. ............................................................3-18

General Plan Land Use ..................................................................................................3-30

APPENDICES

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F

Appendix G

Bay Street Stormwater Improvement Plans

New Interpretive Center Building at Trinidad Pier Plans

Pier Stormwater Plans

Biological Resources

Cultural Resources Study (Bound Under Separate Cover)

Phase I Environmental Site Assessment

CalEEMod Results

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SECTION 1.0

INTRODUCTION

1.1

INTRODUCTION

The U.S. Bureau of Indian Affairs (BIA) is the federal agency that is charged with reviewing and approving

tribal applications pursuant to 25 C.F.R. Part 151 to take land into federal trust status. This Environmental

Assessment (EA) has been prepared for the BIA to support the application of the Cher-Ae Heights Indian

Community of the Trinidad Rancheria (Tribe) for land to be placed into federal trust (Proposed Action) in

Humboldt County, California. This land, also referred to as the Tribe’s Harbor Properties, consists of nine

parcels and three non-parceled areas, in part and whole, totaling approximately nine acres adjacent to

Trinidad Bay. The land is currently owned by the Tribe in fee simple status. This land is intended to be

used for an interpretive visitor center (visitor center), open space, and operation of currently existing

facilities (Proposed Project). Currently existing facilities consist of the Seascape Restaurant, Seascape

vacation rental house, Trinidad pier, a vessel haul-out hoist, surface parking, and several outbuildings. The

BIA will use this EA to determine if the Proposed Action would result in adverse effects to the

environment.

This document has been prepared in accordance with the requirements set out in the National

Environmental Policy Act (NEPA) of 1969 (42 United States Code [USC] §4321 et seq.), the Council on

Environmental Quality (CEQ) Guidelines for Implementing NEPA (40 C.F.R. Parts 1500-1508), and the

BIA’s NEPA Guidebook (59 Indian Affairs Manual [IAM] 3-H). Section 2.0 of this EA provides a detailed

description of the Project Alternatives. Section 3.0 provides a description of the existing environmental

conditions on and in the vicinity of the project site. Section 4.0 provides an analysis of the potential

environmental consequences associated with the Project Alternatives. A discussion of impact avoidance

and mitigation measures is provided in Section 5.0. Consistent with the requirements of NEPA, the BIA

will review and analyze the environmental consequences associated with the Proposed Action and Project

Alternatives, and either determine that a Finding of No Significant Impact (FONSI) is appropriate, request

additional analysis, or request that an Environmental Impact Statement (EIS) be prepared.

1.2

BACKGROUND

The Cher-Ae Heights Indian Community of the Trinidad Rancheria is a federally-recognized Indian Tribe

with ancestral ties to the Yurok, Wiyot, Tolowa, Chetco, Karuk, and Hupa peoples. The Tribe is located

within the ancestral territories of the Yurok, with core land holdings located on a coastal bluff east of

Highway 101, just south of the town of Trinidad. Trinidad is located approximately 25 miles north of the

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1.0 Introduction

City of Eureka. Under a 1906 Congressional act authorizing the purchase of land for “homeless Indians,”

60 acres were purchased in 1908 on Trinidad Bay for the original members of the Tribe. Federal

recognition was subsequently granted by the Department of the Interior in 1917, Articles of Association

were enacted by 1961, and a new Tribal Constitution was passed in 2008. The Tribe currently has

approximately 228 members. The governing body of the Tribe is ultimately the Community Council,

which consists of enrolled members who are eligible to vote. Eligible voters are tribal members at least 18

years of age who satisfy a number of annual requirements to maintain voting privileges. The Community

Council meets monthly as a forum opportunity to discuss aspects of Tribal business and services. The

Tribal Council is elected from those members comprising the Community Council. The duty of the Tribal

Council is to govern all the people, resources, land, and water reserved to the Tribe, in accordance with the

Tribe’s Constitution, all laws adopted by the Tribal Council, and any limitations lawfully imposed by the

Tribal Council and/or the United States through statute or Constitution. The Tribal Council Officers’ duties

include a wide range of responsibilities including attending all meetings, serving as liaisons to advisory

committees, and most importantly, upholding the Tribal Constitution. Specific responsibilities, duties,

expectations, and guidelines are thoroughly outlined in the Trinidad Rancheria’s Tribal Constitution. The

Tribal Council consists of a Chairperson, Vice-Chairperson, Secretary/Treasurer, and two additional

Council members.

The Tribe’s culture, including but not limited to traditional and customary fishing and gathering, is

inextricably tied to the land and marine resources found within the traditional homeland, which is defined

as a 20-mile area of interest and concern surrounding the Tribe’s lands. The Tribe has made a significant

investment to revitalize the local economy and preserve the Tribe’s cultural heritage, and has developed a

model that advances economic development and stewardship. In January 2000, Trinidad Rancheria

purchased the Trinidad Pier, harbor facilities, and the Seascape Restaurant, including the parking along Bay

Street. The Trinidad Pier was built between 1945 and 1946 to serve commercial and recreational users. A

cannery at the end of the pier was swept away by a storm in 1957 and never replaced. Due to the

deterioration of the original wooden supports, the Tribe, with funding in part by the California State Water

Resources Control Board (SWRCB), the California Coastal Conservancy (CCC), the Environmental

Protection Agency (EPA) Brownfield Grant, the Federal Highway Administration (FHWA), and the BIA,

completed a reconstruction of the pier in 2013. The deteriorated creosote-treated wood pilings and the

wood decking were replaced by polymer-coated steel pilings and pre-cast concrete decking. The Trinidad

Pier is currently the northernmost oceanfront pier in California and serves a fleet of commercial winter crab

fishing vessels and year-round water angling for salmon and near shore fish species. The Trinidad

Rancheria currently operates the pier, and upland improvements including a boat launch ramp and the

Seascape Restaurant. Since taking over the operations of the Trinidad Pier and upland improvements in

2000, the Tribe has incurred losses of over $1.3 million.

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1.0 Introduction

1.3

LOCATION AND SETTING

The trust acquisition parcels addressed in this EA are located west of Highway 101 in Humboldt County,

approximately 18 miles north of the City of Eureka and within the City of Trinidad (project site). The

project site is located in Section 26 of the ‘Trinidad, CA’ U.S. Geological Survey (USGS) quadrangle

within Township 8 North and Range 1 West, and unsectioned areas of Trinidad Bay. Figures 1-1 and 1-2

show the regional location and vicinity of the project site. Figure 1-3 shows an aerial photograph of the

project site. The project site includes nine parcels, totaling approximately six and a half acres, which are

held partially or wholly in fee by the Tribe. These parcels are identified by Assessor Parcel Numbers

(APNs) 042-07-101, 042-07-102, 042-07-105, 042-07-108, 042-07-112, 042-07-113, 042-07-114, 042-09108, and 042-09-110. The project site also includes approximately two and a half acres that do not have

APNs for a total of nine acres of lands for the requested trust transfer. Although these parcels are not

contiguous with the current Rancheria, they are within approximately 0.5 miles of the Tribe’s Reservation.

Regional access is provided by Highway 101, which travels in a general north-south direction and is located

approximately 0.5 miles east of the site. Local access to the project site is provided by Lighthouse Road

and Bay Street. Lighthouse Road is a two-lane road that runs adjacent to the northwestern half of the

project site. Bay Street, which transitions from Lighthouse Road, runs northwest to southeast though the

western half of the project site. Access to Lighthouse Road from Highway 101 is provided via Main Street,

Trinity Street, and Edwards Street. Edwards Street parallels the northern border of the project site.

The project site is composed of a mosaic of ruderal and developed habitat, coastal dune grass habitat, beach,

and two vegetated rock heads which project southwards into Trinidad Bay. The topography of the site

consists of coastal beachfront and bluffs with elevations of 0 to 55 feet above mean sea level (amsl).

Surrounding land uses include private residences, surface parking, Humboldt State University’s Marine

Laboratory, Trinidad State Beach, and undeveloped parcels. The current Rancheria, approximately 0.5

miles east and opposite the bay from the project site, includes Tribal government center, Tribal housing,

and a casino and associated facilities.

1.4

PURPOSE AND NEED FOR THE PROPOSED ACTION

The Tribe’s purpose for taking the approximately nine acres of land into trust is to:

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Facilitate Tribal self-governance and self-determination by allowing the Tribal Government to

exercise Tribal sovereign authority over the land;

Protect and enhance the economic well-being of Tribal resources further establishing economic

self-sufficiency;

Further the Tribe’s goal to restore its original land base;

Further the Tribe’s goal to preserve the surrounding environment and cultural resources for future

generations and the entire community;

Reduce the current stormwater runoff into Trinidad Bay from Harbor Properties improving the

quality of the Trinidad Bay;

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_

^

_ Project Site

^

Humboldt County

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Miles

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4

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^

P A

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Project Site

SOURCE: ESRI Data, 2016; AES, 2/12/2016

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 1-1

Regional Location

Patric

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Dr

101

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h a ve n

Dr

W es t

Propery Boundary

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Feet

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SOURCE: "Trinidad, CA" USGS 7.5 Minute Topographic Quadrangle,

T8N R1W Section 26 and Unsectioned Areas of Trinidad Bay,

Humboldt Baseline & Meridian; AES, 2/25/2016

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 1-2

Site and Vicinity

Ewing St

Galindo St

Pacific Ct

Edwards St

Azale a Way

Property Boundary

Van Wycke St

2

Ba

y

9

St

1

8

3

4

5

6

LEGEND

7

Property Boundary 9.38 ac

PARCELS:

Pie r

1, APN 04207101, 2.02ac

2, APN 04207102, 0.50ac

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tho

3, 04207105, 0.01ac

us

eR

d

4, APN 04207108, 2.81ac

5, APN 04207112, 0.40ac

6, APN 04207113, 0.80ac

7, 04207114, 0.46ac

8, APN 04209108, 0.22ac

9, APN 04209110, 0.38ac

No APN, 2.85ac

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Feet

0

125

250

SOURCE: Humboldt County Parcel GIS Data, 2013;

DigitalGlobe aerial photograph, 6/6/2013; AES, 2/25/2016

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 1-3

Aerial Photograph

1.0 Introduction

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Highlight the cultural and economic background and importance of the Trinidad Harbor to the

surrounding region; and

Form a Trinidad Harbor District which would include all of the Tribe’s current harbor properties.

The Tribe’s culture, including but not limited to traditional and customary fishing and gathering, is

inextricably tied to the land and marine resources found within traditional homeland, which we define as a

20 mile area of interest and concern around the Tribe’s lands. The Tribe has made a significant investment

to revitalize the local economy and preserve the Tribe’s cultural heritage, and we have developed a model

that advances economic development and stewardship as complementary goals. Land acquisition and

transfer to trust is now, and has historically been, a top priority for the Tribe, which owns less than eighty

percent of the land originally purchased under the 1906 Congressional act. The Trinidad Pier and

development of harbor businesses represent the best parcels of land for economic development for the

Rancheria.

Trinidad Harbor is designated by the California Coastal Commission as a Critical Coastal Area and by the

State Water Board as an Area of Special Biological Significant (ASBS). In 2005, the Rancheria received a

cease and desist order (CDO) from the SWRCB for prohibited discharges from the Trinidad harbor and pier

facilities to the Trinidad Head ASBS. The list of prohibited discharges in the CDO included the freshwater

hose on the pier, the fish cleaning station, runoff from the pier itself, boat cleaning activities in and around

the boat launch, and runoff from the harbor parking lot facility. Since 2005, the Rancheria has completed

significant modifications at the Trinidad harbor and pier facilities to eliminate the prohibited discharges as

set forth in the CDO. Major site improvements that have been undertaken include removal of the fish

cleaning station and freshwater hose at the pier, construction of a new wastewater treatment system for the

Seascape Restaurant and adjacent vacation rental, construction of new public restrooms, and reconstruction

of the pier including installation of a stormwater capture and treatment system for runoff from the pier.

These modifications resulted in elimination of all of the discharges of concern with the exception of

stormwater runoff from the parking lot. The Rancheria is continuing to implement facility improvement

efforts to reduce nonpoint sources of discharge further, with the goal of eliminating all nonpoint-source

discharges from the Trinidad harbor and pier facilities. Public parking areas associated with the Trinidad

harbor and pier facilities include the main parking lot and boat launch area. These parking areas are used by

beachgoers, boaters, and patrons of the Seascape Restaurant, tackle shop, and pier. A significant portion of

the traffic at the main parking lot is from boaters with trailers using the launching facilities or boaters

without trailers using the mooring facilities. The main parking area contributes stormwater runoff as a

nonpoint-source to the adjacent beach area referred to as Launcher Beach. The parking lot is often used as a

staging area for boat and trailer repairs, potentially contributing repair-related pollutants to the harbor. This

parking lot has been identified by the SWRCB as a nonpoint source area that contributes discharges to the

Trinidad ASBS, and this area falls under the CDO issued in 2005

As a governmental entity, the Tribe has a responsibility to meet the economic, social, cultural and

environmental needs and concerns of its people. The primary task of the Tribe is to increase the standard of

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1.0 Introduction

living and quality of life for Tribal members for the Cher-ae Heights Indian Community of the Trinidad

Rancheria; and to provide employment opportunities, education and job training. Placing this land into trust

will allow the tribe to develop a stronger economic foundation, employing more tribal members, and

developing additional amenities to enhance the overall operation. It will allow the land to fall under the

Tribe’s authority, critical for the exercise of Tribal self-governance and self-determination, and is consistent

with the Bureau’s trust responsibility to Indian Tribes and the federal policies supporting Indian selfdetermination and self-sufficiency.

1.5

OVERVIEW OF THE ENVIRONMENTAL REVIEW PROCESS

This EA is intended to satisfy the environmental review process of 59 IAM 3-H, 40 Code of Federal

Regulations (CFR) § 1501.3, and 40 CFR § 1508.9. The EA has been released for a 30-day comment

period. Comments will be considered by the BIA, and either a FONSI will be prepared, or additional

environmental analysis will be conducted. After the NEPA process is complete, the BIA may issue a

determination on the Tribe’s fee-to-trust application.

1.6

ENVIRONMENTAL ISSUES ADDRESSED

In accordance with NEPA and because the Proposed Action is located within a coastal zone, this EA

evaluates the following environmental issue areas outlined within the BIA’s NEPA Guidebook:

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1.7

Land Resources;

Water Resources;

Air Quality and Greenhouse Gas;

Biological Resources;

Cultural Resources;

Socioeconomic Conditions / Environmental Justice;

Transportation and Circulation;

Land Use;

Agriculture;

Public Services;

Noise;

Hazardous Materials; and

Visual Resources.

REGULATORY REQUIREMENTS AND APPROVALS

The following direct and indirect federal approvals and actions may occur as a result of the Proposed

Action:

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Transfer of the approximately nine-acre site into federal trust status for the Tribe by the Secretary

of the Interior.

Submission of inventory information to the Environmental Protection Agency (EPA) for the Class

V stormwater wells under the Safe Drinking Water Act Underground Injection Control Program.

Application for a National Pollutant Discharge Elimination System (NPDES) General Permit for

Storm Water Discharges Associated with construction activity.

Consultation with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries

Service (NMFS) under Section 7 of the Federal Endangered Species Act (ESA), if endangered

species may be impacted by the Proposed Action.

Consultation with the State Historic Preservation Office under Section 106 of the National Historic

Preservation Act (NHPA).

Request for a California Coastal Commission Federal Consistency Determination.

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SECTION 2.0

PROPOSED ACTION AND ALTERNATIVES

The Project Alternatives are described in this section. This section also summarizes the protective measures

and Best Management Practices (BMPs) incorporated into each alternative to reduce potential adverse

impacts to environmental resources.

2.1

SELECTION OF ALTERNATIVES FOR DETAILED EVALUATION

As discussed in Section 1.4, the Purpose and Need of the Proposed Action relates to the protection of the

harbor and harbor environment (including cultural resources) while furthering Tribal goals of economic

self-sufficiency, reestablishment of its original land base, self-governance, and self-determination. The

only reasonable alternatives are to either take no action or take the requested parcels into trust on behalf of

the Tribe. Other potential alternatives to the Proposed Action, such as alternative locations or a reduction in

the size of the area taken in to trust, do not meet the definition of “reasonable” under the Council on

Environmental Quality’s (CEQ’s) Regulations for Implementing the National Environmental Policy Act

(NEPA) because the purpose and need would not be met. Being the only harbor currently owned by the

Tribe in close proximity to Tribe’s existing lands, there are no other available comparable lands that would

meet the purpose and need of the Proposed Action. Furthermore, all the parcels constitute the Trinidad

Harbor lands and are vital to the operation of the pier and protection of cultural resources. For example, as

shown on Figure 1-3, the spacing between Assessor’s Parcel Number (APN) 042-071-08 and 042-071-01 is

vital to maintain public access to the trail head of Trinidad Head, which can be seen on the aerial

photograph. Furthermore, APN 042-071-01 is an important storage area for operation of the pier during the

crab and fishing seasons. Accordingly, a smaller area for the trust acquisition is not evaluated within the

Environmental Assessment (EA).

The Tribe has proposed the development of a visitors’ center and formation of a Trinidad Harbor District

(Proposed Project). There are no alternative lands available that would allow the Tribe to form the Trinidad

Harbor District. Furthermore, all of the currently proposed lands are vital to the protection of the Trinidad

Harbor District. Therefore, alternative locations for trust acquisitions are not evaluated within this EA. The

Proposed Project would allow the Tribe to better market, manage, and operate its harbor properties more

effectively. The Proposed Project is detailed below in Section 2.2.

2.2

PROPOSED ACTION AND PROPOSED PROJECT

The Proposed Action consists of placing nine parcels and three non-parceled areas totaling approximately

nine acres as detailed in Table 2-1 into Federal trust status. These parcels are collectively known as the

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2.0 Proposed Action and Alternatives

Tribe’s Harbor Businesses. This includes the pier, boat launch, boat cleaning and maintenance facilities,

two parking lots (Bay Street and western parking lots), the Seascape Restaurant, a bait and gift shop, a

vacation rental house, recreation areas, and areas for boat parking. The Proposed Action would include the

construction of a visitor center, improvements to the existing parking lot, and the formation of a Trinidad

Harbor District for the Tribe’s Harbor Businesses (Proposed Project). The development footprint of the

visitor center would be approximately 0.03 acres. Approximately one acre of the project site is currently

paved or otherwise developed with existing structures and signs of surface and subsurface disturbance (such

as the presence of utilities). The majority of the project site (approximately five acres) would remain

undeveloped and would be maintained as open space.

TABLE 2-1

REQUESTED TRUST PARCELS

Assessor’s Parcel #

Size (acres)

1 042-07-101

0.99

2 042-07-102

0.44

3 042-07-105

0.01

4 042-07-108

2.64

5 042-07-112

0.26

6 042-07-113

0.80

7 042-07-114

0.38

8 042-09-108

0.24

9 042-09-110

0.35

10 No APN

3.24

Total Acreage

9.35

SOURCE: AES 2016.

PROPOSED ACTION

The Proposed Action consists of the fee simple conveyance of the approximately nine-acre project site into

federal trust status for the benefit of the Cher-Ae Heights Indian Community of the Trinidad Rancheria

(Tribe) in accordance with procedures set forth in 25 Code of Federal Regulations (CFR) §151.3. This trust

action would shift civil regulatory jurisdiction over the approximately nine-acre site from the State of

California, Humboldt County (County), and City of Trinidad (City) to the Tribe and the federal

government. The State, County, and City would continue to exercise criminal jurisdiction under Public

Law 280 (18 United States Code [USC] §1162) for the law enforcement activities identified under the

Tribal Law Order Act of 2010. While the pier would be included within the trust action, in accordance with

an agreement executed April 18, 2012 between the Tribe and the California Coastal Conservancy (CCC),

the Tribe would maintain public access to the Trinidad Pier and associated marine access and recreational

improvements until 2032. Federal laws, such as the Clean Water Act (CWA) and the Endangered Species

Act (ESA), would continue to apply to tribal trust lands.

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2.0 Proposed Action and Alternatives

ALTERNATIVE A – PROPOSED PROJECT

The Tribe proposes to develop the Trinidad Harbor District. As components of the new Trinidad Harbor

District, the Tribe would designate the beaches and bluffs as protected open space, improve stormwater

quality, reduce stormwater flows generated along Bay Street, and construct a visitor center where the

existing tackle shop is located. Alternative A is further discussed below.

HARBOR DISTRICT

The Trinidad Harbor District would include all of the Tribe’s Harbor Businesses. The Trinidad Harbor

District Board of Directors would be comprised of Tribal members and staff that have current experience

with the Harbor Businesses. The board of the Trinidad Harbor District would develop a more cohesive

organization that markets, manages, and operates the businesses within the district more effectively. The

establishment of this district would provide the Tribe with means of meeting the purpose and need of the

proposed trust action.

OPEN SPACE COMPONENT

All existing open space within the project site (approximately five acres) would be preserved as open space

and the Tribe would maintain public access to the open space. The open space would include Trinidad

Little Head, all beach front, all Coastal Bluffs lands on the property, and current open space west of the

residence. Development under Alternative A would occur on existing disturbed lands constituting the

existing parking lot, storage area, and the tackle and gift shop.

BAY STREET STORMWATER IMPROVEMENTS

2.2 of the Attached (Figure 2-1). Design plans for the improved stormwater facilities are included as

Appendix A. To reduce stormwater flow four dry wells, two cisterns, and two rain gardens would be

installed around the Tribe’s Harbor Businesses and parking lot along Bay Street. In addition, rain gardens

would be developed as shown on Figure 2-1 to collect rainwater. To reduce flows from Bay Street into the

bay, the southeastern portion of the parking lot would be replaced with permeable pavers. Linear drains

would be installed throughout the parking lot to transfer runoff to a bioswale that runs along the northern

boundary of the parking lot before discharging onto the beach. The concrete rubble along the beach east of

the proposed visitor center would be removed (Figure 2-1) and replaced with rip rap. Minor excavation

would be required to develop the rain gardens, linear drains, bioswale, and the permeable pavement.

INTERPRETIVE VISITOR CENTER COMPONENT

The Tribe would develop a visitor center within the currently developed footprint between the boat launch

and Seascape Restaurant in the central portion of the site, as shown in Figure 2-2. Design plans are

included as Appendix B. The visitor center footprint would cover approximately 1,300 square feet and

would be located on previously disturbed lands that currently house storage units and the tackle and

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9.27 ac

0

30

Feet

60

Visitors Center 0.03 ac

INSTALL RAIN GARDEN #2

INSTALL DRY WELL

#2 ON DOWNSPOUTS

RESTROOM

INSTALL DRY WELL

#1 ON DOWNSPOUTS

INSTALL DRY WELL

#3 ON DOWNSPOUTS

TRINIDAD BAY

CISTERN #1

89 GAL.

UNDERGROUND

SEPTIC PUMP

SEWER

PIPES

Pie

r

Bay St

CISTERN #2

392 GAL.

PIER

RESIDENCE

INSTALL DRY WELL

#4 ON DOWNSPOUTS

E

Galindo St

Figure 2-1

Site Plan

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

SEASCAPE

RESTAURANT

INSTALL CONCRETE CURB

PLACE RIP RAP ON BANK

(1 TON ROCK)

E

LAUNCHER BEACH

INSTALL PERMEABLE PAVERS

INSTALL CONCRETE BLOCK MAT

INSTALL LINEAR DRAIN #7

INSTALL LINEAR DRAIN #6

INSTALL LINEAR DRAIN #5

INSTALL BIOSWALE

INSTALL LINEAR DRAIN #4

INSTALL LINEAR DRAIN #3

RESIDENCE

E

E

INSTALL LINEAR DRAIN #8

INSTALL SPEED HUMP #2

E

INSTALL RAIN GARDEN

INSTALL RETAINING WALL

E

E

E

INSTALL LINEAR DRAIN #2

E

E

E

INSTALL LINEAR DRAIN #1

E

PLANT INDIGENOUS PLANTS

NATIVE TO BEACH DUNES

E

E

SOURCE: Pacific Watershed Associates, 6/1/2016; Humboldt County Parcel GIS Data, 2013; DigitalGlobe aerial photograph, 5/28/2014; AES, 7/13/2016

¢

LEGEND

Property Boundary

!

NOR T H

Ð

Rd

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se

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ou

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Lig

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E

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E

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E

E

E

E

E

E

E

E

E

E

RT

0

2.5

Feet

5

Project Site 0.03 ac

7.5

Figure 2-2

Interpretive Center Site Plan

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

H

SOURCE: TVCE, 11/4/2015; AES, 2/23/2016

¢

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LEGEND

Property Boundary 9.27 ac

!

NO

2.0 Proposed Action and Alternatives

giftshop building. The visitor center would provide educational opportunities for tribal citizens and nontribal members of the public and would focus on regional resources including Tribal cultural resources. The

visitor center would include a seating area, reception area, two offices, a restroom, and a food preparation

area. Two public entrances would be provided at the western and southern portion of the building. Parking

for the visitor center would be provided by the existing parking lot along Bay Street. Lighting around the

building and in the parking lot would be downcast and minimized to ensure that effects to local marine life

are minimized, while remaining adequate for public safety and security. Site access would be obtained

from Lighthouse Road and Bay Street. The visitor center would result in the hiring of one full-timeequivalent employee (FTE) and would also house the existing Harbor Manager. The Tribe estimates

approximately five visitors a day are expected to patronize the visitor center during peak season.

Water Supply

Water would be supplied though the existing infrastructure connections to the City. Except for connections

from the visitor center to the existing system serving the Seascape Restaurant, no additional water

infrastructure is needed for Alternative A. Based on the addition of one FTE, the additional water demand

to the site would be de minimis compared to existing water users on the site (rental house, bait and gift

shop, and Seascape Restaurant). Visitors to the site would obtain water from the existing fountains near the

restrooms or from the Seascape Restaurant.

Wastewater Treatment and Disposal

Wastewater generated by the one toilet and from the two sinks within the visitor center would be treated by

the existing wastewater treatment system. The on-site system consists of a series of seven above ground

recirculating packed bed units located south of the public restroom/storage building and situated behind a

chain link fence. The on-site system utilizes engineered textile filter media, which works similarly to a sand

filter and produces treated effluent higher in quality than the California standard for secondary treated

wastewater (which can be discharged through land application). The seven tanks have the ability to treat up

to approximately 35,000 gallons per day (Orenco, 2016). A pump transfers the treated wastewater up to the

leach fields located along the northwestern slope of the hill near the western boundary of APN 04207108,

between the access drive to the vacation rental home and the western parking lot.

Grading and Drainage

Grading would be limited to the development footprint area of the visitor center as shown on the proposed

Site/Grading Plan (refer to Sheet C4 of Appendix B). The building would be constructed in manner

consistent with the California Building Code (CBC) applicable to the site, including seismic design criteria.

To improve drainage over existing conditions, a storm drainage inlet system would be installed west and

south of the visitor center to capture runoff from the building and from Bay Street. Three storm inlets

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2.0 Proposed Action and Alternatives

would discharge to the existing retention system located beneath the asphalt in front of Seascape

Restaurant.

PROJECT CONSTRUCTION

The project components would be constructed after the approximately nine-acre property has been placed

into federal trust. The new visitor center and accompanying parking lot improvements would be

constructed over a five to sixth month period, with an anticipated completion date of 2017. The stormwater

improvements would be constructed during the first phases of the visitor center development. Construction

would involve earthwork, placement of concrete foundations, steel and wood structural framing, masonry,

electrical and mechanical work, building finishing, and paving, among other construction trades. Prior to

finalization of the grading and development plans for the property, design-level geotechnical specifications

addressing the specific grading and development plans would be developed meeting seismic requirements

of the CBC. The specifications would include, but not be limited to, the following:

ƒ

Site, building and facility-specific grading recommendations regarding site preparation, clearing

and grubbing.

ƒ

Select grading procedures, remedial grading procedures, material suitability, and compaction

criteria.

ƒ

Cut and fill slope stability analyses, recommended slope configurations and inclinations.

ƒ

Evaluation of soil expansion and corrosion potential.

ƒ

Building-specific foundation design parameters.

ƒ

Site-specific seismic design parameters.

ƒ

Lateral earth pressure parameters for retaining wall design, if any.

ƒ

Pavement design specifications.

BEST MANAGEMENT PRACTICES AND CONSERVATION MEASURES

Air Quality

Generation of construction-related emissions is a short-term nuisance impact. The following BMPs,

required through contractual obligations, would be implemented to reduce these temporary construction

emissions.

ƒ

The contractor will designate an on-site Air Quality Construction BMP Manager (AQCBM) who

will be responsible for directing compliance with the following BMPs for project construction

relating to heavy-duty equipment use:

o

All diesel-powered equipment shall be properly maintained and minimize idling time to 5

minutes when construction equipment is not in use, unless per engine manufacturer’s

specifications or for safety reasons more time is required.

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o

ƒ

Engines shall be kept in good mechanical condition to minimize exhaust emissions.

The AQCBM will be responsible for directing compliance with the following BMPs for fugitive

dust control practices during project construction:

o

o

o

o

o

o

o

Spray exposed soil with water or other suppressant at least twice a day or as needed.

Minimize dust emissions during transport of fill material or soil by wetting down loads,

ensuring adequate freeboard (space from the top of the material to the top of the truck bed) on

trucks, and/or covering loads.

Promptly clean up spills of transported material on public roads.

Restrict traffic on site to reduce soil disturbance and the transport of material onto roadways.

Locate construction equipment and truck staging areas away from sensitive receptors as

practical and in consideration of potential effects on other resources.

Provide wheel washers to remove particulate matter that would otherwise be carried off site by

vehicles to decrease deposition of particulate matter on area roadways.

Cover dirt, gravel, and debris piles as needed to reduce dust and wind-blown debris.

Fire Protection

The following BMPs, required through contractual obligations, would be included as part of Alternative A

to minimize the risk of fire during construction:

ƒ

Any construction equipment that normally includes a spark arrester would be equipped with an

arrester in good working order. This includes, but is not limited to, vehicles, heavy equipment, and

chainsaws.

ƒ

During construction, staging areas, welding areas, or areas slated for development using sparkproducing equipment would be cleared of dried vegetation or other materials that could serve as fire

fuel. To the extent feasible, the contractor would keep these areas clear of combustible materials in

order to maintain a firebreak.

ƒ

Structural fire protection would be provided through compliance with Uniform Fire Code

requirements for residences and commercial structures similar in size to the proposed clubhouse.

The Tribe will cooperate with the fire district by allowing routine inspections The Tribe would

ensure that appropriate water supply and pressure is available for emergency fire flows.

Typical fire flow allowances would be confirmed with the local Fire Marshall prior to construction

of any water storage tank.

ƒ

Hazardous Materials

The following BMPs will be required through contractual obligations and would be included as part of

Alternative A to minimize the risk from use of hazardous materials during construction:

ƒ

Personnel shall follow best management practices (BMPs) for filling and servicing construction

equipment and vehicles. To reduce the potential for accidental release, fuel, oil, and hydraulic

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2.0 Proposed Action and Alternatives

fluids shall be transferred directly from a service truck to construction equipment and shall not be

stored on site.

2.3

ƒ

Catch-pans shall be placed under equipment to catch potential spills during servicing.

ƒ

Refueling shall be conducted only with approved pumps, hoses, and nozzles.

ƒ

Vehicle engines shall be shut down during refueling and idling shall be kept to a minimum.

ƒ

No smoking, open flames, or welding shall be allowed in refueling or service areas.

ƒ

Refueling shall be performed away from bodies of water to prevent contamination of water in the

event of a leak or spill.

ƒ

Service trucks shall be provided with fire extinguishers and spill containment equipment, such as

absorbents.

ƒ

Should a spill contaminate soil, the soil shall be put into containers and disposed of in accordance

with local, state, and federal regulations.

ƒ

All containers used to store hazardous materials shall be inspected at least once per week for signs

of leaking or failure. All maintenance, refueling, and storage areas shall be inspected monthly.

ƒ

Hazardous materials must be stored in appropriate and approved containers in accordance with

applicable regulatory agency protocols.

ƒ

Potentially hazardous materials, including fuels, shall be stored away from drainages, and

secondary containment shall be provided for all hazardous materials stored during construction and

operation.

ƒ

In the event that contaminated soil and/or groundwater is encountered during construction related

earth-moving activities, all work shall be halted until a professional hazardous materials specialist

or other qualified individual assesses the extent of contamination. If contamination is determined to

be hazardous, representatives of the Tribe shall consult with the BIA and EPA to determine the

appropriate course of action, including development of a Sampling and Remediation Plan, if

necessary. Any and all contaminated soils that are determined to be hazardous shall be disposed of

in accordance with federal regulations.

ALTERNATIVE B – NO-ACTION ALTERNATIVE

Under the No-Action Alternative, the approximately nine-acre site would not be placed in trust for the

benefit of the Tribe and would not be developed as identified under Alternative A. Jurisdiction of the

property would remain within the City. Ultimately, the nine-acre site could be developed consistent with

the existing commercial and recreation land uses by the Tribe. However, for the purposes of the

environmental analysis in this EA, it is assumed that, due to the economic considerations for operating the

Harbor Properties by the Tribe, the property will continue to be utilized in its current state for recreation,

parking, restaurant, boating, and fishing with no additional facilities constructed under this alternative.

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2.0 Proposed Action and Alternatives

2.4

COMPARISON OF THE PROJECT ALTERNATIVES

ALTERNATIVE A

Alternative A would result in significant but mitigable environmental impacts in the following areas:

ƒ

Land Resources

ƒ

Water Resources

ƒ

Biological Resources

ƒ

Cultural Resources

Of the project alternatives evaluated in Section 4.0, Alternative A would best meet the Tribe’s objectives by

providing the Tribe with a Trinidad Harbor Visitor Center and recreational facilities for the benefit of the

Tribe and community while minimizing or eliminating adverse environmental impacts.

ALTERNATIVE B

While the No-Action alternative would not result in most of the environmental effects identified for

Alternative A, this alternative would not meet the Tribe’s objectives of exercising tribal sovereign authority

over the land and enhance the wellbeing of tribal resources; further the Tribe’s goal to reestablish its

original land base; further the Tribe’s goal to preserve the surrounding environment and cultural resources

for future generations; construct a visitor center; and form a tribal Trinidad Harbor District. The property

would continue to release contaminants from the impervious parking lots into Trinidad Bay during rain

events, potentially harming wildlife and sensitive ecosystems.

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SECTION 3.0

DESCRIPTION OF AFFECTED ENVIRONMENT

This section presents relevant information concerning existing resources and other values that may be

affected by the Project Alternatives. In accordance with the National Environmental Policy Act (NEPA)

and the Bureau of Indian Affairs’ (BIA’s) NEPA Guidebook (59 IAM 3-H), the existing conditions

described herein provide the baseline for determining the environmental effects identified in Section 4.0.

As used herewithin, the terms “project site” and “project parcels” both refer to the approximately nine acres

being requested by the Tribe for trust acquisition by the BIA. Accordingly, the term “proposed

development” refers to the proposed visitor center, roadway, and drainage improvements. Existing setting

descriptions are provided for the following resource and issue areas:

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

3.1

Land Resources

Water Resources

Air Quality and Greenhouse Gases

Biological Resources

Cultural Resources

Socioeconomic Conditions / Environmental Justice

Transportation and Circulation

Land Use

Agriculture

Public Services

Noise

Hazardous Materials

Visual Resources

LAND RESOURCES

The following section provides the existing topographical, geological and seismic, soil, and mineral

resource settings of the project parcels.

3.1.1 TOPOGRAPHY

The topography of the project site is influenced by the coastal beaches, dunes, and graded landscapes and

ranges from gentle slopes where the areas have been previous graded to steep and rugged bluffs. There are

also two coastal heads that project out into Trinidad Bay on the south central and south eastern portion of

the site. Overall, the northern, central, and eastern portions of the site slope south whereas the western

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3.0 Affected Environment

portion of the site slopes east to west, draining onto Trinidad State Beach. Slopes within the project site are

varied; the proposed development area has gentle slopes between 5 to 6 percent having been previously

disturbed during paving of the access roadways and parking serving the restaurant, pier, and beaches. The

elevations of the project site range from 0 to 55 feet above mean sea level (amsl).

3.1.2 GEOLOGIC SETTING AND SEISMICITY

The bedrock underlying the project site is primarily made up of Mesozoic-Paleozoic-Precambrian

Sedimentary and Metasedimentary Rocks, more specifically, the Franciscan Complex which comprises 54.0

percent of the Trinidad Watershed (County of Humboldt, 2012a). Primary seismic concerns in Humboldt

County (County) include ground shaking and rupture along existing fault traces. Secondary concerns

include liquefaction, settlement, landslides, and tsunamis. The County is a seismically active region.

Offshore, three major faults meet at what is known as the “triple junction.” These include the San Andreas,

the Mendocino fracture zone, and the southern end of the Cascade subduction zone. The faults separate the

Pacific plate, Gorda plate, and North American plate. The project site is located outside of a designated

Alquist-Priolo zone, which is an area determined by the California Geological Survey (CGS) to be a welldefined area with sufficiently active seismicity, according to mandates of the Alquist-Priolo Earthquake

Fault Zoning Act of 1972. These Alquist-Priolo zone areas are located along active faults that are

susceptible to the hazard of surface fault rupture. The nearest Alquist-Priolo zone is approximately 0.43

miles east of the project site along the Trinidad fault and extends northwest just north of Elk Head (Figure

3-1). With the distance to the Trinidad fault and based on the regional geology, the project site is located in

an area of California determined to have a high potential for ground shaking during a seismic event (DOC,

2003).

3.1.3 SOILS

Table 3-1 lists soils found on the project site and their respective properties. The project site is composed

primarily of Oxyaquic Udipsamments – Sonoma Complex soils, but small areas of Candymountain soils are

also present (Figure 3-2).

TABLE 3-1

SOIL PROPERTIES FOR SOILS ON THE PROJECT SITE

Soil Type

157 – Oxyaquic Udipsamments –

Somoa Complex

299 – Candymountain

Slope

Limitations

0-50%

Eroded

30-75%

Eroded

SOURCE: NRCS, 2016

The coastal bluffs in the northern and eastern portion of the project site are comprised of Candymountain

soils. The remainder of the project parcels are comprised of Oxyaquic Udipsamments – Somoa Complex

soils. Oxyaquic Udipsamments soils are typically comprised of unvegetated beaches with parent material

consisting of beach sand and gravel derived from mixed sources, typical of oceanic beaches. These are

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Mo

<100,000 - late Quaternary

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Trinidad Rancheria / 215569

Figure 3-1

Regional Fault Map

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299 - Candymountain, 30 to 75 percent slopes

596 - Flintrock-Highprairie complex, 15 to 75 percent slopes

SOURCE: USDA NRCS SSURGO Soils Data, 9/10/2015;

DigitalGlobe aerial photograph, 6/6/2013; AES, 2/25/2016

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 3-2

Project Site Soil Types

3.0 Affected Environment

typically moderately well drained soils with a very low runoff class and a high to very high capacity to

transmit water. Somoa soils typically comprise coastal dunes with parent material consisting of eolian and

marine sand derived from mixed sources. These are typically somewhat excessively drained soils with a

medium runoff class and a high to very high capacity to transmit water. Candymountain soils typically

comprise bluffs and marine terraces with parent material consisting of marine deposits from mixed sources.

These are typically well drained soils with a high runoff class and a moderately high to high capacity to

transmit water (NRCS, 2016).

3.1.4 MINERAL RESOURCES

The County has over 90 extraction sites that produce sand, gravel, metals, stone, and clay. Most mining

activity is sand and gravel extraction along the Mad River, Eel River-Van Duzen River complex, Willow

Creek, and Trinity River. There are over 30 permitted active hard rock quarries (County of Humboldt,

2012a). The nearest rock extraction site, Trinidad Quarry, is east of Highway 101 and greater than 1.5

miles northeast of the project parcels (USGS, 2015). No known mineral resources exist within the project

parcels.

3.2

WATER RESOURCES

The following section presents the existing surface water, drainage, flooding, water supply, groundwater,

and water quality settings of the project parcels.

3.2.1 SURFACE WATER, DRAINAGE, AND FLOODING

WATERSHEDS AND HYDROLOGY

The project site is situated within the Luffenholtz Creek-Frontal Pacific Ocean subwatershed of the

Trinidad Hydrologic Unit (HU). The Trinidad HU watershed lies immediately between the Redwood Creek

HU, approximately 16 miles to the north, and the Mad River HU, approximately 6 miles south of the

project parcels. Together, with the Eureka Plain HU, these major watersheds form the Mad-Redwood

basin, which comprises 617,426 acres within the County (Department of Conservation, 2014). Within the

Trinidad HU, Mill Creek flows to the west just north of the City and McConnahas Mill Creek flows west

bisecting the City and flowing adjacent to the north boundary of the Trinidad Rancheria. Luffenholtz Creek

is one of the main flowing water bodies in the watershed at over 12 miles in length and a starting elevation

of 269 feet, where it eventually flows and discharges into the Trinidad Bay of the Pacific Ocean

approximately 1.75 miles southeast of the project parcels. Mill Creek is the nearest inland waterbody,

which discharges to the Pacific Ocean approximately 0.3 miles north of the project parcels. However, the

project parcels are situated in Trinidad Harbor and based on the topography do not contribute hydraulically

to the surrounding watersheds.

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3.0 Affected Environment

City Water Supply

The City’s water system serves approximately 315 connections within its sphere of influence using surface

water as the source. The City has a domestic water right for supplies from Luffenholtz Creek, located

approximately a 1.5 miles south of the City. Originally, homes in the City had individual wells or were

served from an untreated water supply from Mill Creek (also referred to as Old Mill Creek). An infiltration

gallery and water treatment plant were constructed to supply the City with water from Luffeholtz Creek

when it became clear that Mill Creek could not meet long term needs.

The pumps located at the infiltration gallery that supply pressure to move water through treatment to the

storage tanks were inundated with sediment a few years back. The pumps were rehabilitated, but have never

worked as well as expected since their repair. The pumps should be capable of delivering 120 gallons per

minute (gpm), but only deliver about 100 gallons per minute. The City of Trinidad has an operations and

maintenance program that keeps the storage, treatment, and distribution systems in good condition. The

storage tanks are regularly inspected and the steel bands tightened to prevent water losses. The City

conducted leak detection testing on the distribution system in 2003 and tested all water meters in 2003.

Major leaks detected have been repaired, and poorly functioning water meters are being replaced as funds

become available (County of Humboldt, 2007).

DRAINAGE

Slopes on the project site range from 0 to 60 percent, with the proposed development area sloping to the

west at approximately 5 to 6 percent and the steepest slopes being the coastal bluffs. Runoff across the

parking surfaces is generated as sheet flow and follows the topography towards Trinidad Bay. This sheet

flow is not collected, but drains onto the beach near the old boat launch to the south of the proposed

development. Sheet flow from the coastal bluff immediately upslope of the proposed development area is

conveyed via natural drainages in the cliff. This water also drains onto the beach.

Pier Stormwater System

Stormwater generated on the pier is collected in a series of gutters and piping where it is treated in a

sedimentation chamber and filter system located adjacent to where the pier connects to land. All

stormwater runoff from the new pier is directed thru the filters and into the infiltration chambers. Filter

cartridges are removed and maintained once every two years as per the manufacturer’s recommendations.

The stormwater filter system treats runoff captured from the pier deck, thus eliminating potential sources of

contamination from pier-generated petroleum products and other pollutants that result from activities on the

pier. Treated stormwater is then diverted to subsurface percolation chambers located beneath the asphalt

directly adjacent to the Seascape Restaurant. The Tribe has implemented a Contingency Plan for Failure of

Stormwater Disposal System plan and a Maintenance and Monitoring of Stormwater Disposal System plan

to ensure adequate operation and maintenance of the stormwater system. Both plans and the storm drain

plan sheet are included as Appendix C. Currently, only stormwater generated on the newly refurbished pier

is collected and treated in the system.

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3.0 Affected Environment

FLOODING

The Federal Emergency Management Agency (FEMA) is responsible for predicting the potential for

flooding in most areas. FEMA routinely performs this function through the update and issuance of Flood

Insurance Rate Maps (FIRM), which depict various levels of predicted inundation. FEMA has not

completed an analysis of flood hazards in Trinidad; as such, a FEMA flood map is unavailable. Areas

immediately northwest of Trinidad including the Trinidad State Beach are zoned D on FEMA flood hazard

maps. Directly north of Trinidad along the Mill Creek’s crossing of Highway 101, a small area of Zone A

is identified. Zone D is reserved for areas where there is a possible but undetermined flood hazard. Zone A

is reserved for areas within the hazard of a 100-year flood (FEMA, 2016).

Areas subject to flood hazards are generally located along the Mill Creek corridor and its associated

ravines. Flood hazard concerns associated with development along the Mill Creek corridor and ravine have

been reduced by the City via a general plan amendment to not allow construction along the corridor. In

general, flooding hazard in the Trinidad area is very slight with the exception of just north of the City and

on the southern boundary where water features are located. The only waterways are small streams flowing

into the ocean and those are typical of high stream banks not subject to frequent flooding. Flooding on

Luffenholtz Creek has affected the City water pumps at times. Within the City, some ponding may occur

due to poorly drained soils. According to the Plate No. 3B in the City’s General Plan, the area just south of

Bay Street (which borders the subject property) is indicated to experience flooding. However, due to the

previous grading conducted at the project site and topography of the upland portions of the City adjacent to

the project parcels, the potential for flooding on the project site is minimal.

3.2.2 GROUNDWATER

The County has 4 main groundwater basins and 10 minor basins. The total potential groundwater yoeld

within the County is approximately 100,000 acre feet. The project site is located in the Big Lagoon Area

minor groundwater basin, which is approximately 34,000 acres (County of Humboldt, 2012b). These

watersheds are within the Coast Ranges geologic province and are mainly composed of highly unstable and

easily eroded rock which contributes to the high amounts of sedimentation in the features streams (County

of Humboldt, 2012b). Outside of the beach areas, depth to groundwater ranges from 20 to 39 inches

(NRCS, 2016). There are no groundwater wells within the project parcels.

3.2.3 WATER QUALITY

SURFACE WATER

The Clean Water Act (CWA) (33 USC 1251-1376), as amended by the Water Quality Act of 1987, is the

major federal legislation governing water quality. The objective of the CWA is “to restore and maintain the

chemical, physical, and biological integrity of the Nation’s waters.” The U.S. Environmental Protection

Agency (USEPA) is delegated as the authoritative body under the CWA. Important sections of the CWA

applicable to the Proposed Action are as follows:

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ƒ

ƒ

Sections 303 and 304 provide for water quality standards, criteria, and guidelines. Section 303(d)

requires states to identify impaired water bodies and develop total maximum daily loads (TMDLs)

for the contaminant(s) of concern.

Section 402 establishes the National Pollutant Discharge Elimination System (NPDES), a

permitting system for the discharge of any pollutant (except for dredged or fill material) into waters

of the U.S. Each NPDES permit contains limits on pollutant concentrations of wastes discharged to

surface waters to prevent degradation of water quality and protect beneficial uses.

Antidegradation Policy

The federal antidegradation policy (40 CFR Part 131.6) is designed to protect water quality and water

resources. The policy directs states to adopt a statewide policy that includes the following primary

provisions: (1) existing instream uses and the water quality necessary to protect those uses shall be

maintained and protected; (2) where existing water quality is better than necessary to support fishing and

swimming conditions, that quality shall be maintained and protected unless the state finds that allowing

lower water quality is necessary for important local economic or social development; and (3) where highquality waters constitute an outstanding national resource, such as waters of national and state parks,

wildlife refuges, and waters of exceptional recreational or ecological significance, that water quality shall

be maintained and protected. Each state must also develop procedures to implement its anti-degradation

policy through water quality management processes. Each state’s anti-degradation policy must include

implementation methods consistent with the provisions outlined in 40 CFR 131.12 (USEPA, 1994).

Complying with the anti-degradation provision of the CWA, the North Coast Regional Water Quality

Control Board (NCRWQCB) has established general water quality objectives for all inland surface waters

under State jurisdiction to protect designated beneficial uses. The Water Quality Control Plan for the North

Coast Region (Basin Plan) outlines these surface water quality objectives. Table 3-2 lists the specific water

quality objects outlined in the Basin Plan by parameter for surface waters under State jurisdiction within the

surrounding watersheds. The Basin Plan does not currently list water quality objectives for the Trinidad

Hydraulic Unit.

The State Water Resources Control Board, in compliance with Section 303 of the Clean Water Act (CWA),

has prepared a list of impaired water bodies in California. Impaired water bodies occur where industrial

and technological waste limits or other legal mechanisms for pollution control are not enough to meet water

quality standards. The list includes a priority schedule for the development of TMDLs for each

contaminant or “stressor” impacting the water body. The Trinidad Bay is not listed on the 303(d) list for

impaired water bodies; however, Trinidad State Beach is listed for impairment of one or more beneficial

uses due to indicator bacteria (Table 3-3).

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TABLE 3-2

GENERAL WATER QUALITY OBJECTIVES FOR THE EEL RIVER

Specific

Conductance

(micro-ohm)

Total

Dissolved

Solids (mg/L)

Dissolved Oxygen

(mg/L)

90%

Upper

Limit1

50%

Upper

Limit2

90%

Upper

Limit1

50%

Upper

Limit2

Min

90%

Upper

Limit1

50%

Upper

Limit2

Min

Max

50%

Upper

Limit2

90%

Upper

Limit1

50%

Upper

Limit2

Redwood

Creek

2203

1253

1153

753

7.0

7.5

10.0

8.5

6.5

None

None

None

Mad River

3003

1503

1603

903

7.0

7.5

10.0

8.5

6.5

None

None

None

Waterbody

Hardness

(mg/L)

pH

Boron

(mg/L)

1

50% upper and lower limits represent the 50 percentile values of the monthly means for a calendar year. 50% or more of the

monthly means must be less than or equal to an upper limit and greater than or equal to a lower limit.

2 90% upper and lower limits represent the 90 percentile values for a calendar year. 90% or more of the values must be less than or

equal to an upper limit and greater than or equal to a lower limit.

3 Does not apply to estuarine areas.

SOURCE: NCRWQCB, 2011a

TABLE 3-3

2010 CLEAN WATER ACT SECTION 303(D) LIST

Location

Trinidad State

Beach

Pollutants/

Stressors

Indicator Bacteria

Potential Sources

TMDL Status

Unknown

TMDL

developed (Category 5a)

TMDL

Completion

Proposed

2019

SOURCE: NCRWQCB, 2011b

GROUNDWATER

The Basin Plan also specifies water quality objectives for groundwater in the north coast. Objectives for

groundwater are listed in Table 3-4.

TABLE 3-4

WATER QUALITY OBJECTIVES FOR GROUNDWATER

Tastes and

Odors

Cannot exceed

concentrations

that cause

nuisance or

adversely affect

beneficial uses

Bacteria1

Radioactivity1

Chemical Constituents1

Cannot exceed 1.1

MPN/100mL

Or

1 colony/100mL

Cannot exceed

California Code of

Regulations, Title 22,

Division 4, Chapter

15, Article 5, Section

64443, Table 4 and

listed in Table 3-2 of

the Basin Plan

Cannot exceed limits specified

in California Code of

Regulations, Title 22, Division

4, Chapter 15, Article 4,

Section 64435 Tables 2 and 3,

and Section 64444.5 (Table 5)

and listed in Table 3-2 of the

Basin Plan

1 Domestic or municipal sources only.

SOURCE: NCRWQCB, 2011a.

In order to protect drinking water supplies and under the mandate of the Safe Drinking Water Act, USEPA

defines National Primary Drinking Water Regulations (primary standards). These are legally enforceable

standards that apply to public water systems. These standards are established to protect human health by

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limiting the levels of contaminants in drinking water. The USEPA also defines National Secondary

Drinking Water Regulations (secondary standards). Water is supplied to facilities within the project site by

the City. The vacation rental and Seascape restaurant’s wastewater is treated by above ground treatment

tanks with disposal via a leach field.

3.3

AIR QUALITY AND GREENHOUSE GAS

The following describes existing air quality conditions, including greenhouse gases (GHG) that occur

within the project site and general vicinity.

3.3.1 REGULATORY SETTING

CLEAN AIR ACT

The Federal Clean Air Act (CAA) was enacted for the purposes of protecting and enhancing the quality of

the nation’s air resources to benefit public health, welfare, and productivity. Basic components of the CAA

and its amendments include national ambient air quality standards (NAAQS) for major air pollutants and

state implementation plans (SIPs) to ensure country-wide NAAQS compliance. Regulation of air pollution

is achieved through both the NAAQS and emissions limitations for individual sources of air pollutants

established through permitting requirements. The USEPA is the federal agency responsible for identifying

criteria air pollutants (CAPs) for which NAAQS are established, updating and revising the NAAQS, and

approving and overseeing SIPs as they relate to compliance with the CAA. The USEPA has identified six

CAPs that are both common indicators of regional air quality and detrimental to human health. The six

CAPs are ozoneFDUERQPRQR[LGH &2 SDUWLFXODWHPDWWHU ”PLFURQVDQG”PLFURQVLQGLDPHWHU

(PM10 and PM2.5)), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. The NAAQS, appropriate

metrics, and violation criteria for the six CAPs are presented in Table 3-5.

Federal General Conformity

Under the General Conformity Rule of the CAA, recently updated in 2010, the lead agency with respect to a

federal action is required to demonstrate that a proposed federal action conforms to the applicable SIP(s)

before the action is taken. There are two phases to a demonstration of general conformity:

1) The Conformity Review process, which entails an initial review of the federal action to assess

whether a full conformity determination is necessary, and

2) The Conformity Determination process, which requires that a proposed federal action be

demonstrated to conform to the applicable SIP(s).

The Conformity Review requires the lead agency to compare estimated emissions attributable to the federal

action to the applicable general conformity de minimis threshold(s) for all CAPs for which the applicable air

basin or region is in nonattainment for the applicable NAAQS. If the emission estimate(s) from step one is

below the applicable de minimis threshold(s), then a General Conformity Determination is not required

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under the CAA (40 CFR Part 93). If emission estimates are greater than de minimis levels, the lead agency

must conduct a Conformity Determination.

TABLE 3-5

NATIONAL AMBIENT AIR QUALITY STANDARDS

Pollutant

Averaging Time

Ozone (O3) a

Primary NAAQS

Secondary NAAQS

1 hour

0.12 ppm

0.12 ppm

8 hour

0.08 ppm

0.08 ppm

1 hour

8 hour

35 ppm

9.0 ppm

NA

NA

Nitrogen Dioxide (NO2)

1 hour

Annual Mean

100 ppb

0.053 ppm

NA

0.053 ppm

Sulfur Dioxide (SO2)

1 hour

75 ppb

NA

3 hour

NA

0.05 ppm

24 hour

150 Pg/m3

150 Pg/m3

24 hour

Annual Mean

35 Pg/m3

12 Pg/m3

35 Pg/m3

15 Pg/m3

Quarterly Average

0.15 Pg/m3

0.15 Pg/m3

Carbon Monoxide (CO)

Respirable Particulate Matter (PM10)

Fine Particulate Matter (PM2.5)

Lead (Pb)

Note: a) Standard for existing ozone non-attainment area only

Source: EPA, 2011

Federal Class I Areas

Title 1, Part C of the CAA was established, in part, to preserve, protect, and enhance the air quality in

national parks, national wilderness areas, national monuments, national seashores, and other areas of special

national or regional natural, recreational, scenic, or historic value. The CAA designates all international

parks, national wilderness areas, and memorial parks larger than 5,000 acres and national parks larger than

6,000 acres as “Class I areas.” The CAA prevents significant deterioration of air quality in Class I areas

under the Prevention of Significant Deterioration (PSD) program. The PSD Program protects Class I areas

by allowing only a small increment of air quality deterioration in these areas by requiring assessment of

potential impacts on air quality related values of Class I areas. There are no federal Class I areas within or

adjacent to the project site; refer to Section 3.3.4 for further discussion.

Federal Hazardous Air Pollutant Program

Title III of the CAA requires the USEPA to promulgate National Emissions Standards for Hazardous Air

Pollutants (NESHAPs). The NESHAPs may differ between regional sources and area sources of hazardous

air pollutants (HAPs). Major sources are defined as stationary sources with potential to emit more than 10

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tpy of any HAP or more than 25 tpy of any combination of HAPs (all other non-major sources are

considered area sources under the NESHAPs program). HAPs are a specific group of airborne chemicals

designated by the USEPA. Sources of HAPs include industrial processes such as petroleum refining and

chrome plating operations, commercial operations such as gasoline stations and dry cleaners, and motor

vehicle exhaust. Cars and trucks release at least 40 different HAPs. The most important, in terms of health

risk, is diesel particulate matter (DPM), benzene, formaldehyde, 1,3-butadiene, and acetaldehyde.

HAPs are less pervasive in the urban atmosphere than CAPs, but are linked to short-term (acute) or longterm (chronic or carcinogenic) adverse human health effects. There are hundreds of different types of

HAPs, with varying degrees of toxicity. Currently, there are over 188 HAPs listed by the USEPA.

The majority of the estimated health risk from HAPs can be attributed to relatively few compounds, the

most important being DPM (CARB, 2005). Diesel engines emit a complex mixture of air pollutants,

composed of gaseous and solid material. The visible emissions in diesel exhaust are particulate matter that

includes carbon. Diesel exhaust also contains a variety of harmful gases and over 40 other cancer-causing

substances.

CLIMATE CHANGE

Federal

In 2002, President George W. Bush established a national policy goal of reducing the GHG emission

intensity (tons of GHG emissions per million dollars of gross domestic product) of the U.S. economy by

18% by 2012. No binding reductions were associated with the goal. Rather, the USEPA administers a

variety of voluntary programs and partnerships with GHG emitters, in which the USEPA partners with

industries producing and utilizing GHGs to reduce associated emissions.

Clean Air Act

In Massachusetts et al. vs. Environmental Protection Agency et al. (April 2, 2007), the US Supreme Court

ruled that the CAA authorizes the USEPA to regulate CO2 emissions from new motor vehicles. The Court

did not mandate that the USEPA enact regulations to reduce GHG emissions, but found that the only

instances where the USEPA could avoid taking action were if it found that GHGs do not contribute to

climate change or if it offered a “reasonable explanation” for not determining that GHGs contribute to

climate change. On December 15, 2009, the USEPA issued a final endangerment and cause finding (74 FR

66496), stating that high atmospheric levels of GHGs “are the unambiguous result of human emissions, and

are very likely the cause of the observed increase in average temperatures and other climatic changes.” The

USEPA further found that “atmospheric concentrations of GHG endanger public health and welfare within

the meaning of Section 202 of the Clean Air Act.” The finding itself does not impose any requirements on

industry or other entities.

U.S. Environmental Protection Agency

On December 7, 2009, USEPA Administrator Lisa Jackson signed a Final Action, under Section 202(a) of

the CAA, finding that six key well-mixed GHG constitute a threat to public health and welfare, and that the

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combined emissions from motor vehicles cause and contribute to the climate change problem. The

following are the most recent regulatory actions taken by the USEPA:

ƒ

On July 23, 2009, the USEPA published a final “rule which proposes to establish the criteria for

including sources or sites in a Registry of Recoverable Waste Energy Sources (Registry),” as

required by the Energy Independence and Security Act of 2007. Waste energy can be used to

produce clean electricity. The clean electricity produced by waste energy would reduce the need

for non-renewable forms of electricity production, thus reducing GHG emissions.

ƒ

On September 15, 2009, the USEPA and the Department of Transportation’s National Highway

Traffic Safety Administration (NHTSA) proposed a new national program that would reduce GHG

emissions and improve fuel economy for all new cars and trucks sold in the United States. The

USEPA proposed the first national GHG emissions standards under the Clean Air Act, and NHTSA

proposed an increase in the Corporate Average Fuel Economy (CAFE) standards under the Energy

Policy and Conservation Act.

ƒ

In response to the FY2008 Consolidated Appropriations Act (H.R. 2764; Public Law 110–161), the

USEPA issued the Final Mandatory Reporting of Greenhouse Gases Rule. Signed by the

Administrator on September 22, 2009, the rule requires that suppliers of fossil fuels and industrial

GHGs, manufacturers of vehicles and engines outside of the light duty sector, and facilities that

emit 25,000 metric tons or more of GHGs per year to submit annual reports to the USEPA. The

rule is intended to collect accurate and timely emissions data to guide future policy decisions on

climate change.

ƒ

On September 30, 2009, the USEPA proposed new thresholds for GHGs that define when CAA

permits under the New Source Review and title V operating permits programs would be required.

ƒ

In December, 2014 The CEQ Chair released a memorandum, Revised Draft NEPA Guidance on

Consideration of the Effects of Climate Change and Greenhouse Gas Emissions. The

memorandum provides guidance on how project-related GHG emission should be analyzed in

NEPA documents. The Revised Draft Guidance provides that a NEPA climate change analysis

shall provide quantification and mitigation to reduce GHG emissions. The guidance also provides

that 25,000 metric tons of GHG emissions per year may be a helpful guideline to assist lead

agencies in making informed decisions on climate change impacts resulting from a project subject

to NEPA. The guidance notes that the 25,000 metric tons is not an indicator of a threshold of

significant effects, but rather, it is an indicator of a minimum level of GHG emissions that may

warrant some description in the appropriate NEPA analysis for agency actions involving emissions

of GHGs.

3.3.2 PROJECT AREA AND VICINITY

The project site is located in the North Coast Air Basin (NCAB), which extends for 250 miles from Sonoma

County in the south to the Oregon border in the north and east through Trinity County. The climate of the

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NCAB is influenced by two major topographic units: the Klamath Mountains and the Coast Range

provinces. Both provinces are marked by large areas of rugged, mountainous terrain. The coastal plains,

which are part of the Coast Range province, constitute less than 10 percent of the area of the NCAB but

contain the major industrial and population centers. The project site is located on the edge of the coastal

plain in the foothills of the Klamath Mountains.

3.3.3 REGIONAL AIR QUALITY

NAAQS DESIGNATIONS

As shown in Table 3-6, the NCAB is in attainment or is unclassified for all CAPs under the current

NAAQS designation.

TABLE 3-6

NCAB ATTAINMENT STATUS

Pollutant

NAAQS

Ozone

Attainment/ Unclassified

PM10

Attainment/ Unclassified

PM2.5

Attainment/ Unclassified

CO

Attainment/ Unclassified

NO2

Attainment/ Unclassified

SO2

Attainment

Lead

Attainment/ Unclassified

SOURCE: NCUAQMD, 2015.

POLLUTANTS OF CONCERN

Pollutants of concern are CAPs that are present in quantities exceeding the NAAQS in the applicable air

basin or region and air pollutants that are not designated as CAPs, such as CAP precursors (NOx and ROG),

yet can be temporarily present in high concentrations in a localized region of the SCCAB. No CAPs exceed

the NAAQS in NCAB and no CAP precursors would be temporarily present in high concentration in the

NCAB. Therefore, pollutants of concerns are not present in the NCAB.

HAZARDOUS AIR POLLUTANTS

The current operations at the project site do not meet the definition of a major source for HAPs. Operations

often involve idling diesel vehicles associated with the commercial fishing operations of the pier and result

in releases of DPM.

3.3.4 FEDERAL CLASS I AREAS

The nearest federal Class I area, Redwood Creek National Park, is located approximately 10 miles east of

the project site.

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3.3.5 GREENHOUSE GASES

The extent to which human activities affect global climate change is a subject of considerable scientific

debate. It is anticipated that the average global temperature could rise 0.6 to 4.0 oC (1.08 to 7.18 oF)

between the years 2000 and 2100 (IPCC, 2007). The Intergovernmental Panel on Climate Change (IPCC)

Fourth Assessment Report identifies anthropogenic GHGs as a contributing factor to changes in the Earth’s

climate (IPCC, 2007). To err on the side of caution, the analysis in this EA assumes anthropogenic GHGs

are in fact contributing to global climate change.

The Humboldt County Climate Action Plan includes a GHG inventory and establishes an emission

reduction target. The Climate Action Plan also identifies numerous goals and policies aimed at reducing

GHG emissions. These goals and policies are to be incorporated into the County of Humboldt General Plan

(County of Humboldt, 2012c).

Primary sources of GHG emissions in the region include vehicles, trucks, airplanes, mills, ships, canneries,

and electricity generation facilities. However, there are many other sources of GHG emissions in the

region.

3.3.6 SENSITIVE RECEPTORS

Sensitive receptors are facilities that house or attract children, the elderly, and people with illnesses or

others who are especially sensitive to the effects of air pollutants. Hospitals, schools, convalescent

facilities, and residential areas are examples of sensitive receptors.

The project site vicinity is characterized by low-density residential uses. One existing single family

residence (vacation rental) is present on the project site and is therefore the nearest sensitive receptor.

Construction would occur adjacent to this residence. The nearest off-site residence is located adjacent to

the northeastern boundary of the project site. The nearest school (Trinidad Elementary School) is located

approximately 0.4 miles northeast of the project site. There are no other types of sensitive receptors in the

vicinity of the project site.

3.4

BIOLOGICAL RESOURCES

The following describes existing biological resource conditions, including habitat conditions and listed

species that occur within the project site and general vicinity.

Existing biological resources were evaluated through a review of pertinent literature, consultation of

relevant databases, and biological field surveys to document habitat types and the potential occurrence for

federally listed species on the approximately nine-acre project site. Biological field assessments were

conducted by AES staff on November 19 and 20, 2015.

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3.4.1 REGULATORY SETTING

FEDERAL ENDANGERED SPECIES ACT

The USFWS and the National Marine Fisheries Service (NMFS) implement the Federal Endangered

Species Act of 1973 (FESA) (16 USC 1531 et seq.). Threatened and endangered species on the federal list

(50 CFR 17.11 and 17.12) are protected from “take” (direct or indirect harm), unless a Section 10 Permit is

granted or a Biological Opinion with incidental take provisions is rendered. Pursuant to the requirements of

FESA, an agency reviewing a proposed project within its jurisdiction must determine whether any federally

listed species may be present in the project area and determine whether the proposed project will have a

potentially significant impact upon such species. Under FESA, habitat loss is considered to be an impact to

the species. In addition, the agency must determine whether a project is likely to jeopardize the existence of

species or habitat for species proposed to be listed under FESA (16 USC 1536[3], [4]). USFWS also

designates species of concern. Species of concern receive attention from federal agencies during

environmental review, although they are not otherwise protected under FESA. Project-related impacts to

such species would also be considered significant and would require mitigation.

WATERS OF THE U.S.

Any person, firm, or agency planning to alter or work in navigable waters of the U.S., including the

discharge of dredged or fill material, must first obtain authorization from the United States Army Corps of

Engineers (USACE). Permits, licenses, variances, or similar authorization may also be required by other

federal, state and local statutes. Section 10 of the Rivers and Harbors Act of 1899 prohibits the obstruction

or alteration of navigable waters of the United States without a permit from the Corps of Engineers (33

U.S.C. 403). Section 301 of the Federal Water Pollution Control Act and Amendments of 1972 (Clean

Water Act or CWA) prohibits the discharge of pollutants, including dredged or fill material, into waters of

the United States without a Section 404 permit from USACE (33 U.S.C. 1344). Water Quality Certification

(a CWA Section 401 permit) may be required by the USEPA before other permits are issued.

MIGRATORY BIRD TREATY ACT

Most bird species, especially those that are breeding, migratory, or of limited distribution, are protected

under federal and state regulations. Under the Migratory Bird Treaty Act of 1918 (16 USC 703-711),

migratory bird species, and their nests and eggs, that are on the federal list (50 CFR 10.13) are protected

from injury or death, and project-related disturbances must be reduced or eliminated during the nesting

cycle.

3.4.2 ENVIRONMENTAL SETTING

The project site has a maritime climate regime with warm, temperate summers and cool, wet winters. The

vicinity of the project site is a rural residential area to the east-northeast, one residence to the adjacent west,

surrounding open space, coastal bluffs, and coastal shorelines. The terrain on the project site is rolling hills

with the parking lot being relatively flat. The remaining property ranges from hilly with low elevation

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changes to coastal bluffs with extreme elevation changes. The predominant geological features are the

Trinidad Head to the west, the Trinidad Bay to the west-southwest, and Little Head to the east. The area of

the City is characterized by steep coastline. Within the developed area of the City, the topography is

relatively flat with the coastal bluffs being the most dramatic changes in topography.

VEGETATIVE COMMUNITIES

Vegetative communities are assemblages of plant species that occur together in the same area that are

defined by species composition and relative abundance. Vegetation communities were classified using the

California Department of Fish and Wildlife (CDFW) Terrestrial Natural Communities of California system,

or “Holland type.” Habitat types occurring within the project site include ruderal/developed and coastal

scrub. These habitats are located within a close vicinity of urban residential and open spaces associated

with coastal bluffs and shoreline. A habitat map of the project site is presented as Figure 3-3.

Ruderal/Developed

Most of the project site consists of ruderal/developed land (Figure 3-3). Bay Street is a paved street that

connects to the site’s parking lot. Buildings and infrastructure are located on the site as described in

Section 2. Native vegetation surrounds the site and borders the site’s impervious surfaces.

Northern Coastal Scrub

Most of the undeveloped portions of the property are characterized by northern coastal scrub. Northern

coastal scrub is characterized by low shrubs in dense patches. Usually occurring on windy, exposed sites

with shallow and rocky soils. The most dominating species include Cascara (Frangula purshiana), Blue

Blossom (Ceonothus thyrsiflorus), Twinberry (Lonicera involucrate), and Silk Tassel (Garrya elliptica).

Associated native species include Douglas Iris (Iris douglasiana), Sticky Monkey Flower (Mimulus

aurantiacus), Evergreen Huckleberry (Vaccinium ovatum), Bracken Fern (Pteridium aquilinum var.

pubescens), Bee Plant (Scrophularia californica), and Wild Cucumber (Marah oreganum). Northern coastal

bluff scrub is less abundant and usually only occurs where there is high salt content, constant high winds,

and poor soil conditions. All flora is similar to Northern Coastal Scrub, however, many species are dwarfed

and highly influenced by high winds and salinity of the ocean. Common native species include Coyote

Brush (Baccharis pilularis), Salal (Gaultheria shallon), Leather Fern (Polypodium scouleri), Beach

Strawberry (Fragaria chiloensis), Pacific Stonecrop (Sedum spathulifolium), Ocean bluff blue grass (Poa

unilateralis), California Bentgrass (Agrostis densiflorus), and Alumroot (Heuchera micrantha).

WILDLIFE

A variety of wildlife utilize the habitats that occur on or near the project site. Species observed or identified

by physical evidence during the November 19 and 20, 2015 site visit include: black oyster catcher

(Haematopus bachmani), turkey vulture (Cathartes aura), mourning dove (Zenaida macroura), California

gull (Larus californicus), Swainson’s thrush (Catharus ustulatus), American robin (Turdus migratorius),

double-crested cormorant (Phalacrocorax auritus), and harbor seal (Phoca vitulina).

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Ewing St

Azale a Way

Galindo St

Pacific Ct

Edwards St

Property Boundary

Van Wycke St

Ba

y

St

Pie r

h

Lig

tho

us

eR

d

LEGEND

Property Boundary 9.38 ac

HABITAT TYPES

Coastal Scrub

Ruderal/Developed

Shoreline/Beach

¢

Ð

N O R TH

!

Feet

0

125

250

SOURCE: Humboldt County Parcel GIS Data, 2013;

DigitalGlobe aerial photograph, 6/6/2013; AES, 4/21/2016

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 3-3

Habitat Types

3.0 Affected Environment

MIGRATORY BIRD HABITAT

Although the project site does not contain suitable habitat for nesting birds, there is a potential for migratory

birds to occur directly adjacent to the project parcels on the shoreline and on the coastal bluffs.

POTENTIAL WATERS OF THE U.S.

There are no surface water features, outside of the ocean, that are present within the boundaries of the

project parcels that have the potential to be classified as waters of the U.S. or wetlands.

3.4.3 SPECIAL-STATUS SPECIES

For the purposes of this assessment, “special status” is defined to be species that are of management

concern to federal resource agencies and include those species that are:

ƒ

ƒ

Listed as endangered, threatened, or candidate for listing under the Federal Endangered Species

Act; or

Designated as species of concern or species of local concern by USFWS.

A list of special-status plant and animal species that have potential to occur on the project site was compiled

based on a review of pertinent literature, a reconnaissance-level site assessment, informal consultation with

the USFWS, and the results of a California Natural Diversity Data Base (CNDDB) query (Appendix D).

Based upon the review of regionally occurring special-status species and their habitat requirements and the

results of the field assessment, the project site and/or surrounding vicinity represents potential habitat for

one special-status plant species and three special-status animal species. The name, regulatory status, habitat

requirements, and period of identification for potentially occurring special-status species are identified in

Table 3-7.

WESTERN LILY

The western lily is a perennial herb that grows from a bulb. The species typically grows in bogs, freshwater

marshes, coastal scrub or prairie, or gaps in coniferous forest. It often grows in association with such

species as sundew (Drosera spp.), California rose-bay (Rhododendron marcrophyllum), California

huckleberry (Vaccinium ovatum), Labrador tea (Ledum groenlandicum), and red alder (Alnus rubra).

Populations are found within six miles of the coast and from near sea level to 320 feet amsl in elevation.

The western lily blooms from June through July (Hickman, 1993; CNPS, 2016). No western lilies were

observed during the December site visit. Since western lily often grows in association with other species

that were observed adjacent and to the west of the vacation rental, western lily has the potential to occur on

the project site.

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TABLE 3-7

POTENTIALLY OCCURRING FEDERAL SPECIAL-STATUS SPECIES

SCIENTIFIC NAME

COMMON NAME

FEDERAL

STATUS

PLANTS

Lilium occidentale

western lily

ANIMALS

Birds

Brachyramphus

marmoratus

Marbled Murrelet

Charadrius

alexandrinus nivosus

Western Snowy Plover

Mammals

Eumetopias jubatus

Steller Sea Lion

PERIOD OF

IDENTIFICATION

DISTRIBUTION

HABITAT REQUIREMENTS

FE

From Coos Bay in

Oregon to

Humboldt Bay in

California.

Bogs and fens, coastal bluff scrub, coastal

prairie, coastal scrub, freshwater marshes and

swamps, and openings within North Coast

coniferous forest habitat.

June - July

FT

From San

Francisco Bay to

Southern Alaska

From Mexico to

Southern

Washington

Breeding requires north coast conifer old

forests while foraging habitat requires shallow

shoreline and tidal pools.

Tidal pools and shallow tidal marshes, coastal

shoreline with or without shrubs.

Year-round

North Pacific from

Japan to Central

California

Rocky shores and haul-out areas in coastal

areas.

FT

FT

Year-round

NOTES: FEDERAL STATUS CODES: (U.S. Fish and Wildlife Service or National Marine Fisheries Service)

FE = Listed as Endangered by the Federal Government

FT = Listed as Threatened by the Federal Government

SOURCE: USFWS, 2016.

MARBLED MURRELET

The marbled murrelet is a small seabird found in the north pacific. It nests in old growth forests and

forages in shallow shoreline and tidal pools. They range from the San Francisco Bay area to Southern

Alaska along the Pacific coastline. Breeding habitat requirements include north coast conifer old growth

forests. Foraging habitats include shallow shoreline and tidal pools with bare beaches and some rocky

outcroppings in shallow bays. Although breeding habitat is not located on or adjacent to the proposed

project site, potential foraging habitat is located directly adjacent to the site and therefore marbled murrelet

as the potential to occur on the project site.

WESTERN SNOWY PLOVER

The western snowy plover is a small shorebird near the size of a sparrow. During the breeding season,

March through September, plovers are present on shores, peninsulas, islands, bays, estuaries, and rivers of

the Pacific coast, especially beaches and shores with plenty of wrack (debris). Breeding on the California

Coast occurs between March and June. Although the prime habitat for snowy plover has been designated in

on the shoreline of San Luis Obispo and Santa Barbara Counties, snowy plover have the potential to occur

on the project site.

STELLER SEA LION (EUMETOPIAS JUBATUS) (EASTERN DPS)

Steller sea lions are found around the rim of the North Pacific Oceana and in the Bering Sea. This includes

Northern California, Oregon, Washington, Canada, and Alaska along with some spotted in Japan. Like all

eared seals, Steller sea lions hunt at sea and return to shore to rest, breed, and give birth. Steller sea lions

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can be found in rookeries and haul-outs. Rookeries are the breeding colonies where reproduction occurs.

Haul-outs are where animal rest on shore but no reproduction occurs on haul-outs. Breeding season occurs

between June and July. Due do potential rookeries and haul-outs on or near the project site, the Steller sea

lion has the potential to occur.

3.5

CULTURAL RESOURCES

Archaeological studies of the project site were conducted in 2011 by Donald Verwayen of the Humboldt

State University Cultural Resources Facility for the reconstruction of the Trinidad Pier and by AES in

November 2015; the Verwayen report is included as Appendix E under a separately bound cover due to the

sensitive nature of the material addressed. Verwayen’s study included both a field survey and literature

search to identify and evaluate potential prehistoric and historic resources. The AES effort included a field

verification of the Verwayen results and a Native American contact program. Historic-era archaeological

resources, built resources, a paleontological deposit, and several Traditional Cultural Properties were

identified during these efforts.

3.5.1 REGULATORY SETTING

NATIONAL REGISTER OF HISTORIC PLACES

The eligibility of a resource for listing in the NRHP is determined by evaluating the resource using criteria

defined in 36 CFR 60.4 as follows: The quality of significance in American history, architecture,

archaeology, and culture is present in districts, sites, buildings, structures, and objects of state and local

importance that possess integrity of location, design, setting, materials, workmanship, feeling, association,

and:

A. That are associated with events that have made a significant contribution to the broad patterns of

our history;

B. That are associated with the lives of persons significant in our past;

C. That embody the distinctive characteristics of a type, period, or method of construction, or that

represent the work of a master, or that possess high artistic values, or that represent a significant

and distinguishable entity whose components may lack individual distinction; or

D. That have yielded, or may be likely to yield, information important to prehistory or history.

Sites younger than 50 years, unless of exceptional importance, are not eligible for listing in the NRHP.

In addition to meeting at least one of the criteria listed above, the property must also retain enough integrity

to enable it to convey its historic significance. The National Register recognizes seven aspects or qualities

that, in various combinations, define integrity. These seven elements of integrity are: location, design,

setting, materials, workmanship, feeling, and association. To retain integrity a property will always possess

several, and usually most, of these aspects.

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While most historic buildings and many historic archaeological properties are significant because of their

association with important events, people, or styles (criteria A, B, and C), the significance of most

prehistoric and some historic-period archaeological properties is usually assessed under criterion D. This

criterion stresses the importance of the information contained in an archaeological site, rather than its

intrinsic value as a surviving example of a type or its historical association with an important person or

event. It places importance not on physical appearance but rather on information potential.

NATIONAL HISTORIC PRESERVATION ACT

Section 106 of the National Historic Preservation Act (NHPA) as amended, and its implementing

regulations found in 36 CFR Part 800, require federal agencies to identify cultural resources that may be

affected by actions involving federal lands, funds, or permitting. The significance of the resources must be

evaluated using established criteria outlined in 36 CFR 60.4, as described below.

If a resource is determined to be a historic property, Section 106 of the NHPA requires that effects of the

federal undertaking on the resource be determined. A historic property is defined as:

…any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion

in the National Register of Historic Places, including artifacts, records, and material remains related to

such a property (NHPA Sec. 301[5])…

Section 106 of the NHPA prescribes specific criteria for determining whether a project would adversely

affect a historic property, as defined in 36 CFR 800.5. An impact is considered adverse when prehistoric or

historic archaeological sites, structures, or objects that are listed, or eligible for listing, in the NRHP are

subjected to the following:

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

ƒ

Physical destruction of or damage to all or part of the property;

Alteration of a property;

Removal of the property from its historic location;

Change of the character of the property’s use or of physical features within the property’s setting

that contribute to its historic significance;

Introduction of visual, atmospheric, or audible elements that diminish the integrity of the property’s

significant historic features;

Neglect of a property that causes its deterioration; and

Transfer, lease, or sale of the property out of federal control without adequate and legally

enforceable restrictions or conditions to ensure long-term preservation of the property’s historic

significance.

If the historic property will be adversely affected by development, then prudent and feasible measures to

avoid or reduce adverse impacts must be taken. The State Historic Preservation Officer (SHPO) must be

provided an opportunity to review and comment on these measures prior to project implementation.

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TRADITIONAL CULTURAL PROPERTIES

The 1992 amendments to the NHPA allowed for a new designation of a traditional cultural property (TCP).

The amendment established "Properties of traditional religious and cultural importance to an Indian tribe or

Native Hawaiian organization" may be determined eligible for inclusion in the NRHP (Section 101(d)(6) of

the NHPA. Accordingly, a tribal TCP can only be significant and eligible for listing on the NRHP if it

meets two criteria: 1) rooted in that community’s history; and 2) are important in maintaining the

continuing cultural identity of the community”.

3.5.2 METHODOLOGY

RECORDS AND LITERATURE SEARCH

Background research for the Proposed Action and Project were taken from the Verwayen report, which also

covered the entire APE for the Proposed Action and Proposed Project. The records search and literature

review for this study were completed: (1) to determine whether known cultural resources had been recorded

within or adjacent to the study area; (2) to determine whether known resources have been reported in

archaeological, ethnographic, and historical documents and literature; and (3) to assess the likelihood of

unrecorded cultural resources based on the distribution of nearby archaeological sites in relation to their

environmental setting.

The following inventory and databases were included in the review: National Register of Historic Places,

California Register of Historical Resources, California Inventory of Historic Resources, California

Historical Landmarks, California Historic Highway Bridge Inventory, Humboldt Room of the Humboldt

State University Library, County Recorder’s Office at the Humboldt County Court House, and historic

maps.

Verwayen’s record search results included only one ethnographic resource, the Yurok village site of Tsurai

on Trinidad Bay (CA-HUM-169), east of the Proposed Action APE, and a fossil locality on the western end

of the Proposed Action APE. Twenty-one cultural resource surveys have been completed within the record

search area, three shipwrecks have been noted in Trinidad Bay, and a single historical resource, a logging

skid road associated with the Smith and Dougherty Trinidad Mill Company, is nearby but not eligible for

listing on the NRHP.

Verwayen’s 2011 cultural survey recorded eight resources, Around Chicken Hawk’s Place, a TCP on

Trinidad Bay that includes several individual loci; remnants of a whale skidway; the Trinidad Pier; the mid19th century Trinidad Dump, a multi component site that included historic debris and prehistoric lithic

artifacts and trade beads; Muggay’s Grave; Tibbett’s Grave; a marine railway, and a soapstone quarry. Two

of these were determined to be eligible for the NRHP: Around Chicken Hawk’s Place under Criterion A for

its association with events that have made a significant contribution to the broad patterns of history; and

Criterion B for association with the lives of persons significant in our past. The whale skidway was found

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eligible under Criterion C as it embodies the distinctive characteristics of type, period, or method of

construction, or that represent the work of a master, or that possess high artistic values, or that represent a

significant and distinguishable entity whose components may lack individual distinction.

Two of the Around Chicken Hawk’s Place TCP loci are within the Proposed Action APE. These are

Chicken Hawk’s House on Little Head and Chicken Hawk’s Boat, on the small peninsula east of Little

Head. The whale skidway, Trinidad Pier, the marine railway, the dump, Tibbett’s and Muggay’s graves,

the soapstone quarry, and the paleontological deposit are also all within the Proposed Action APE.

Charlane Gross, M.A., RPA and AES Staff Archaeologist, conducted a cultural resources field survey of the

project site on November 19-20. The portions of the APE that were accessible were limited. The APE

largely consisted of paved parking areas, steep, heavily vegetated embankments, the pier, or inaccessible

geographic features such as Little Head/Chicken Hawk’s House and Chicken Hawk’s Boat. The only areas

truly accessible for archaeological review were located west and northwest of the Seascape Restaurant and

the beaches on either side of Trinidad Pier; these areas were surveyed using transects 5-10 meters apart.

The two grave sites, soapstone quarry, and mid-19th century dump were either covered by dense vegetation

or gone, as no evidence for any of these sites could be found. No new resources were identified.

NATIVE AMERICAN CONSULTATION

Verwayen (2011) contacted the Native American Heritage Commission (NAHC) and attempted to contact

the individuals listed by the NAHC in 2011 with no specific results. A new search request was sent to the

NAHC on November 5, 2015 by AES. Results were received on November 24, 2015 and are appended to

Verwayen report and are included in Appendix E. Letters were sent to those individuals identified by the

NAHC on November 30, 2015. To date, no responses have been received. A consultation log is included

in Appendix E.

3.5.3 EXISTING FIELD CONDITIONS

The area where the stormwater improvements would be developed and the visitor’s center would be placed

are already developed, with a combination of asphalt, shipping containers, sheds, utility boxes, sewer

manholes, fire hydrants, and barricade posts, thoroughly disturbing any potential buried cultural resources.

None of the physical resources or TCP elements are within Bay Street, the parking lot, or the visitor’s

center footprints, and none should be affected by project construction.

3.6

SOCIOECONOMIC CONDITIONS / ENVIRONMENTAL JUSTICE

The following section provides the existing socioeconomic conditions and regional setting to evaluate

environmental justice considerations for the project parcels.

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3.6.1 TRINIDAD, HUMBOLDT COUNTY

POPULATION

The City had a population of approximately 236 people (Table 3-8) (U.S. Census 2014a) according to 5year estimates for population. Humboldt County had a population estimate of approximately 14,876 people

whereas the State of California had a population of 38,066,920. Trinidad’s population is approximately

0.18 percent of the population of Humboldt County, and approximately 0.0006 percent of California’s

population. Over the next 20 years, the County’s population is expected to grow from approximately

134,876 to approximately 139,780 (California Department of Finance, 2016.)

TABLE 3-8

TRINIDAD, HUMBOLDT COUNTY, CALIFORNIA DEMOGRAPHICS

Trinidad

Humboldt County

2009-2014 5-Year Estimates1

236

134,876

California

38,066,920

SOURCE: U.S. Census, 2014a

1Total populations

EMPLOYMENT

The labor force in Trinidad is approximately 149 people of which 143 are employed (Table 3-9). The labor

force in the County is approximately 66,449 people of which 58,868 are employed. The unemployment

rate for Trinidad is 3.4 percent whereas Humboldt County is 11.3 percent (0.3 percent over the State of

California.)

TABLE 3-9

TRINIDAD, HUMBOLDT COUNTY, CALIFORNIA EMPLOYMENT

In Labor Force1

Employed

Unemployment Rate

Trinidad

149

143

3.4%

Humboldt County

66,449

58868

11.3%

California

19,098,427

16,883,249

11.0%

SOURCE: U.S. Census, 2014b

116 years and over population

3.6.2 CHER-AE HEIGHTS INDIAN COMMUNITY OF TRINIDAD RANCHERIA

Statistics for the Tribe were obtained from the Bureau of Indian Affairs’ American Indian Population and

Labor Force Estimate Report, 2005 (Table 3-10; note that the 2013 report does not provide the

socioeconomic statistics of the Tribe).

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TABLE 3-10

CHER-AE HEIGHTS INDIAN COMMUNITY OF TRINIDAD RANCHERIA ESTIMATES

Total

Tribal Enrollment

171

American Indians on or near Reservation

231

Under age 16

43

Age 16 through 64

131

Over age 64

12

Available for work

128

Unavailable for work

15

Employed in Public Sector Positions

11

Employed in Private Sector Positions

72

Employed but Below the Poverty Line

0

SOURCE: BIA, 2005.

3.6.3 ENVIRONMENTAL JUSTICE FOR MINORITY AND LOW INCOME POPULATIONS

On February 11, 1994, President Clinton issued Executive Order 12898, “Federal Actions to Address

Environmental Justice in Minority Populations and Low-Income Populations,” and an accompanying

Presidential Memorandum to focus federal attention on the environmental and human health conditions in

minority communities and low-income communities. The Executive Order, as amended, directs federal

agencies to develop an Environmental Justice Strategy that identifies and addresses disproportionately high

human health or environmental effects of their programs, policies, and activities on minority populations

and low-income populations. Compliance with this Executive Order has been incorporated into the NEPA

compliance requirements of the BIA for the Proposed Action.

The City is located within the census block group 060230102002 with a population of 650 people. The

total population that is reported as “low income” is approximately 30 percent (195 people) which is five

percent lower than the State estimation of low income population (EPA, 2016).

The County is approximately 18.4 percent minority (Table 3-11). In the County, American Indians make

up 5.74 percent of the population, including members of the Tribe.

TABLE 3-11

HUMBOLDT COUNTY RACE/INCOME PROFILE

Total

Race/Ethnic Population 2010

White

Hispanic

American Indian

Multi-Race

Asian

Black

Pacific Islander

Household Median Income 2007-2011

Poverty Status (All Ages)

134,623

104,373

13,211

6,988

5,419

2,886

1,410

336

$40,376

--

Percentage of Total

100%

77.53%

9.81%

5.19%

4.03%

2.14%

1.05%

0.25%

-18.4%

SOURCE: California Department of Finance, 2013

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3.7

TRANSPORTATION AND CIRCULATION

The following section provides the existing transportation and circulation settings of the project parcels.

ROADWAY SYSTEM

A brief description of the key roadways in the vicinity of the project site is provided below.

U.S. Highway 101

Within California, U.S. Highway 101 (U.S. 101) is a north-south freeway that extends north from Los

Angeles along the coast all the way to the Oregon state line. Within the County, the highway alternates

between a two-lane undivided highway and a four-lane divided highway. Within the project study area, the

highway is a four-lane divided facility with full interchanges/grade separations at all major cross roads.

Highway 101 is listed as a principal arterial roadway from the town of Wasthaven (just south of Trinidad)

extending northward to the Oregon border.

Westhaven Drive

Westhaven Drive, a minor collector roadway, extends from Westhaven, California northward

approximately 10 miles through Trinidad ending in Patrick’s Point, California.

Main Street

Main Street is an east-west paved two-lane roadway that bisects the City connecting to Westhaven Drive

North under Highway 101, and connects to Trinity Street to the west. Main Street is an approximately 20

foot wide road that connects businesses and rural residential houses in the City.

Trinity Street

Trinity Street is a north-south paved residential two-lane roadway that connects to Main Street on its north

end and Edwards Street on its south end. The roadway is similar to Main Street in width and structure.

Edwards Street

Edwards Street is an east-west paved two-lane residential roadway with side street parking for residences

on both the north and south sides. Edwards Street connects with Ocean Avenue to the east and Lighthouse

Road to the west. Edwards Street has similar width and structure of Main Street.

Lighthouse Road

Lighthouse Road is a north-south general, paved, rural/recreational roadway that connects the City to the

Trinidad Head Lighthouse. At its beginning with Edwards Street, it is a paved two-lane road for

approximately 80 feet until it turns into a one-lane road and continues up the side of Trinidad Head in a

meandering way until the top where it ends at Trinidad Head Lighthouse. Lighthouse road does not have

sidewalks or gutters as it is mainly used for hikers and maintenance vehicles traveling to the Trinidad Head

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Lighthouse. Lighthouse Road is connected to by Bay Street approximately 120 feet after it becomes one

lane.

Bay Street

Bay Street is a connecting one-lane paved roadway that runs in an east-west general direction from

Lighthouse Road on the west to the Trinidad Wharf on the east. Bay Street runs through the parking lot on

the project site and has parking for vehicles towing boats, and other vehicles. On the south side of the

parking lot, south of Bay Street, another unnamed road connects the parking lot to Lighthouse Road as well.

PUBLIC TRANSIT, BICYCLE, AND PEDESTRIAN CIRCULATION

There is currently no public transit system that serves the project site. However, public transit service is

located within 0.7 road miles northeast of the project site, with a park-and-ride stop of the Redwood Transit

line on Main Street, between the intersections of Trinidad Scenic Drive and View Avenue. The Trinidad

Stop is the northernmost stop for the Redwood Transit line which stops in the City occurring six times per

day on the weekdays and four times per day on the weekends. The Redwood Transit line is operated by the

Humboldt Transit Authority (HTA, 2016). There are no bicycle paths in the vicinity of the project site.

The Trinidad State Beach Park trails are located adjacent to the project site, with access provided by the

project parcels and from public access from the western parking lot. The Tribe is required to ensure public

access is maintained to the recreational areas in accordance with the funding agreement for the previously

completed pier reconstruction project.

3.8

LAND USE

3.8.1 REGULATORY SETTING

The Nation’s coastal waters are protected by the federal Coastal Zone Management Act (CZMA) of 1972,

which is administered by the National Oceanic and Atmospheric Administration within the Department of

Commerce. In California, the CZMA is administered by the California Coastal Commission (CCC), which

was established by voter initiative and made permanent by the California Coastal Act of 1976. The CCC

carries out its statutory responsibilities largely through the review and approval of local coastal programs

(LCPs). The Coastal Zone is defined by the California Coastal Act as, "the land and water area of the State

of California from the Oregon Border to the border of the Republic of Mexico," as officially mapped on

7.5-minute USGS quadrangle maps and adopted by the CCC. The project site is located within the Coastal

Zone.

Title 15 CFR Part 930 requires federal consistency determinations for projects directly or indirectly

affecting any coastal use or resource. Federal consistency determinations stem from the CZMA

requirement that federal actions (that are reasonably likely to affect any land or water use or natural

resource of the Coastal Zone) be consistent with the enforceable policies of a coastal State's or territory's

federally approved Coastal Management Program (“State CMP” or “CMP”). Federal actions include: (1)

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direct federal actions--activities and development projects performed by a federal agency, or a contractor

for the benefit of a federal agency; and (2) indirect federal actions--activities not performed by a federal

agency, but requiring federal permits or licenses or other forms of federal approval, and federal financial

assistance to states, territories, and local governments.

The objective is to ensure that federal agencies and applicants for federal approvals and funding adequately

consider and comply with State CMPs. Under CZMA Sec. 307(C), each federal agency shall provide a

consistency determination to the relevant State agency designated at the earliest practical time, but in no

case later than 90 days before final approval of the federal activity (unless both the federal agency and the

State agency agree to a different schedule).

3.8.2 EXISTING SETTING

The nine-acre property is characterized by ruderal/developed land with small portions of open space, a

restaurant, one single-family residence (vacation rental), and numerous outbuildings such as a small bait

shop, storage sheds, equipment storage, boat ramp, and the pier. The project site is located adjacent to the

Trinidad Bay and portions of the open space are coastal bluffs and shoreline. Surrounding land uses vary

from recreational trails to the west to residential on the north and northeast. The project site is located

within the City and a portion of the project site is adjacent to the Trinidad Head public resource. The

current City General Plan (1978) has the project parcels zoned as commercial. The most recent draft update

to the City General Plan, which includes provisions that constitute the LCP under the CZMA, has the

project site with a land use designation of Harbor (H) (Figure 3-4) within the City limits. Trinidad Head

and Trinidad Little Head are both zoned as Open Space (OS) while residences to the north have a land use

designation of Urban Residential (UR). Although there is one residence near the project site, it is within the

Harbor land use designation and is not zoned for residential. The Harbor zoning designation is intended to

provide an area in which a mixture of limited commercial, industrial, and recreational uses can occur in the

existing Trinidad Harbor area. All functions in this designation can continue to provide mixed uses as

commercial fishing, recreational fishing, and the protection and reserve of coastal dependent and coastal

related uses. No new residential dwelling units are allowed in this designation other than a caretaker unit.

3.9

AGRICULTURE

The approximately nine-acre site is not currently used for agricultural operations. With the exception of the

coastal bluffs, the site is largely developed. The site does not provide adequate acreage for crop

development or cattle grazing and has no history of agricultural uses.

3.9.1 WILLIAMSON ACT PROVISIONS

Under the provisions of the Williamson Act (California Land Conservation Act 1965, Section 51200),

landowners contract with the County to maintain agricultural or open space use of their lands in return for

reduced property tax assessment. Withdrawal involves a ten-year period of tax adjustment to full market

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Pacific Ct

Ew ing St

Edwards St

Galindo St

Azalea Way

Van Wycke St

Bay St

Pier

Lig

ht h

ou

se

Rd

LEGEND

Property Boundary 9.27 ac

TRINIDAD LAND USE DESIGNATIONS

H - Harbor

OS - Open Space

UR - Urban Residential

¢

Ð

N OR TH

!

SOURCE: City of Trinidad, 2009; DigitalGlobe aerial

photograph, 6/6/2013; AES, 4/21/2016

Feet

0

120

240

Trinidad Rancheria Fee-to-Trust and Interpretive Visitor Center Project EA / 215569

Figure 3-4

Land Use Designation of the Project Site

3.0 Affected Environment

value before protected open space can be converted to urban uses. Consequently, land under a Williamson

Act Contract can be in either a non-renewal status or a renewal status. Lands with a non-renewal status

indicate the owner has withdrawn from the Williamson Act Contract and is waiting for a period of tax

adjustment for the land to reach its full market value for tax purposes. The project site is not under an

active Williamson Act Contract. The nearest Williamson Act Contract is more than 10 miles to the south.

3.9.2 FARMLAND PROTECTION POLICY ACT

The goal of the Farmland Protection Policy Act (FPPA) is to minimize the extent that federal actions and

programs result in the conversion of agricultural lands to non-agricultural uses. Pursuant to the FPPA, the

Farmland Conversion Rating Form (Form AD 1006) is used to determine the value of the farmland under

consideration and the level of protection such land should receive. However, one of the first questions of

the form is whether there will be a loss of prime farmland, and if the answer is no there is no need to

complete this analysis. The project site does not contain any designated prime farmland; therefore, no

further analysis as to the impact to farmland is required.

3.10 PUBLIC SERVICES

The following section provides the existing water supply; wastewater service; solid waste; electricity,

natural gas, and telecommunications; law enforcement; and fire protection and emergency medical service

settings that currently serve the project parcels.

3.10.1WATER SUPPLY

The City of Trinidad operates the water treatment facility which serves the City and surrounding

unincorporated areas, including the Harbor Properties. This facility is located at 1313 Westhaven Drive

North, Trinidad, CA. The facility supplies approximately 40,000 to 50,000 gallons of potable drinking

water per day (gpd) during the winter months and approximately 100,000 gallons per day during the

summer months on 325 service lines (Buckman, 2015).

3.10.2 WASTEWATER SERVICE

No municipal wastewater service exists on the project site. The Harbor Properties are served by the onsite

wastewater treatment system, which is owned, operated, and maintained by the Tribe. The above ground

tank system has a permitted capacity to discharge up to 4,750 gallons per day (gpd) to leachfields located

along the norther slope between the driveway to the vacation rental and the western parking lot. The

average flow for 2015 was 2,102 gpd providing more than 50 percent available capacity.

3.10.3 SOLID WASTE

Humboldt Sanitation, a private contractor based in McKinleyville, provides solid waste disposal services to

the Rancheria and associated properties, including the Trinidad Harbor. Humboldt Sanitation also operates

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Humboldt Recycling, which serves the Trinidad’s recycling needs. Waste is collected and stored at the

Humbodlt Sanitation Company transfer station in McKinleyville and then transferred to the Anderson

Landfill in Redding, California. The transfer station and has a permitted capacity of 100 tons per day and

there are no enforcement actions against the facility operation. Anderson Landfill has a maximum

permitted capacity of 1,850 tons per day and, with a remaining capacity of over 11 million cubic yards (as

of March 2008), has an expected closure date of 2055 (CalRecycle, 2016). There are no enforcement

actions against the Anderson Landfill operation.

3.10.4 ELECTRICITY, NATURAL GAS, AND TELECOMMUNICATIONS

PG&E supplies electricity to existing homes and businesses in the project area. American Telephone and

Telegraph (AT&T) provides all current telephone service and also controls the telephone lines and would

be responsible for any underground or overhead extensions necessary to serve the project. Internet and

cable TV is available to the site from Suddenlink Communications and through various satellite television

services.

3.10.5 LAW ENFORCEMENT

In 2010, the City transferred law enforcement responsibilities of the Trinidad Police Department to the

County Sheriff. The Humboldt County Sheriff’s Office provides law enforcement services throughout the

County. The service area includes approximately 800 square miles of area from Arcata south to Redcrest.

The Sheriff’s Office includes Administrative, Operations, and Corrections divisions. Within the Operations

division are the patrol units, criminal investigation, and court services. The Sheriff’s Office also includes a

Special Enforcement Team, boating unit, SWAT, and a drug enforcement unit. The Humboldt County

Sheriff’s Department provides primary law enforcement, while the California Highway Patrol (CHP)

provides traffic and supplemental law enforcement services to the project site. The Humboldt County

Correctional Facility is the detention facility for persons arrested in unincorporated areas including the

project site. On deputy is staffed at Trinidad for 40 hours per week, 4 days a week. During that deputy’s

off days and time, the CHP would be the first respondents to emergency 9-1-1 calls. The expected response

times for this portion of the County are estimated at from 1to 15 minutes. The Sheriff’s Office is staffed by

61 sworn deputies 45 of which are assigned to patrol and 217 total staff. The total staff includes corrections

and support staff (Cavinta, 2013). There are approximately 38 patrol vehicles plus specialized vehicles

such as 4x4s and other off-road vehicles used in drug enforcement activities. The main Eureka Station

Patrol Unit is currently compromised of 2 Lieutenants, 4 Sergeants, 6 Corporals, and 21 Deputy Sheriffs.

The Humboldt County Sheriff’s Office has stations in Eureka, Garberville, McKinleyville, and Hoopa. The

Main Station is located in Eureka and serves the project site. Per an agreement between the Humboldt

County Sheriff’s Office and the Tribe, the Tribe provides funding for a second deputy to patrol and provide

law enforcement services in the vicinity of the Rancheria (Cavinta, 2013).

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3.10.6 FIRE PROTECTION AND EMERGENCY MEDICAL

The Trinidad Volunteer Fire Department provides fire suppression and emergency medical services to the

areas within the City limits. The Trinidad Volunteer Fire Department also has mutual aid agreements with

the CalFire. Trinidad Volunteer Fire Department has one fire station located at 409 Trinity Street in

Trinidad, California, which is staffed entirely by volunteers, currently 29 volunteers, and therefore not

staffed on a regular basis. All staff are trained as first responders or emergency medical technicians

(EMTs), and the Trinidad Volunteer Fire Department regularly responds to medical emergency calls.

Typically, the Trinidad Volunteer Fire Department responds to approximately 50 calls per year (City of

Trinidad, 2015).

Although CAL FIRE aids local fire departments in wildfire situations, the project site is not located within a

State Responsibility Area, as mapped by the California Department of Forestry and Fire Protection (CAL

FIRE) (CAL FIRE, 2012). The project site is located in high fire hazard area within a Local Responsibility

Area (CAL FIRE, 2012), where CAL FIRE does not have responsibility to provide wildland fire protection

services.

Emergency medical services are overseen and authorized by the North Coast Emergency Medical Services

Authority (North Coast EMS). North Coast EMS is a Joint Powers Authority created to coordinate the

regional EMS system and to reduce the occurrence of death and disability on the north coast (North Coast

EMS, 2016). Ambulance services or emergency medical services are dispatched through 911 and are

provided by several companies on a rotating basis. The nearest hospital emergency room is Mad River

Community Hospital located at 3800 Janes Road in Arcata California. Emergency calls are routed through

the Sheriff’s Office and CHP to the respective fire department. Response times to the project site are

approximately 3 to 4.5 minutes, although this depends on available resources.

3.11 NOISE

Noise is generally defined as unwanted sound. Sound, traveling in the form of waves from a source, exerts

a sound pressure level (referred to as sound level) which is measured in decibels (dB), with zero dB

corresponding roughly to the threshold of human hearing and 120 to 140 dB corresponding to the threshold

of pain.

Environmental noise is typically measured in A-weighted decibels (dBA). A dBA is a dB corrected for the

variation in frequency response of the typical human ear at commonly encountered noise levels. In general,

A-weighting of environmental sound consists of evaluating all of the frequencies of a sound, taking into

account the fact that human hearing is less sensitive at low frequencies and extremely high frequencies but

is more sensitive in mid-range frequency. Table 3-12 presents examples of noise sources and

corresponding sound level.

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TABLE 3-12

TYPICAL SOUND LEVELS OF COMMON NOISE SOURCES

Decibels (dBA)

130

120

110

100

90

80

70

60

50

40

30

20

Description

Threshold of pain

Jet aircraft take-off at 100 feet

Riveting machine at operators position

Shot-gun at 200 feet

Bulldozer at 50 feet

Diesel locomotive at 300 feet

Commercial jet aircraft interior during flight

Normal conversation speech at 5-10 feet

Open office background level

Background level within a residence

Soft whisper at 2 feet

Interior of recording studio

SOURCE: Bollard and Brennan, 2002.

3.11.1 NOISE EXPOSURE AND COMMUNITY NOISE

An individual’s noise exposure is a measure of noise over a period of time. A noise level is a measure of

noise at a given instant in time. However, community noise varies continuously over a period of time with

respect to the contributing sound sources in the community noise environment. What makes community

noise constantly variable throughout a day is the addition of short duration, single event noise sources such

as aircraft flyovers, vehicle passbys, sirens, etc., which are readily identifiable to the individual. These

successive additions of sound to the community noise environment varies the community noise level from

instant to instant, requiring the measurement of noise exposure over a period of time to legitimately

characterize a community noise environment and evaluate cumulative noise impacts. This time-varying

characteristic of environmental noise is described using statistical noise descriptors. The noise descriptors

used in this EA are summarized below:

ƒ

ƒ

ƒ

Leq: the equivalent sound level is used to describe noise over a specified period of time, typically

one hour, in terms of a single numerical value. The Leq is the constant sound level which would

contain the same acoustic energy as the varying sound level, during the same time period (i.e., the

average noise exposure level for the given time period).

Ldn: 24-hour day and night A-weighed noise exposure level which accounts for the greater

sensitivity of most people to nighttime noise by weighting noise levels at night (“penalizing”

nighttime noises). Noise between 10:00 PM and 7:00 AM is weighted (penalized) by adding 10 dB

to take into account the greater annoyance of nighttime noises.

CNEL: similar to the Ldn, the Community Noise Equivalent Level (CNEL) adds a 5 dB “penalty”

for the evening hours between 7:00 PM and 10:00 PM in addition to a 10 dBA penalty between the

hours of 10:00 PM and 7:00 AM

A wide variation in individual thresholds of annoyance exists, and different tolerances to noise tend to

develop based on an individual’s past experiences with noise. Thus an important way of predicting a

human reaction to a new noise environment is the way it compares to the existing environment to which one

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has adapted: the “ambient noise” level. In general, the more a new noise exceeds the previously existing

ambient noise level, the less acceptable the new noise will be judged by those hearing it. With regard to

increases in A-weighted noise level, the following relationships occur:

ƒ

ƒ

ƒ

ƒ

Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived;

Outside of the laboratory, a 3 dBA change is considered a just-perceivable difference;

A change in level of at least 5 dBA is required before any noticeable change in human response

would be expected; and

A 10 dBA change is subjectively heard as approximately a doubling in loudness, and can cause

adverse response, depending on the existing ambient noise level.

3.11.2 FEDERAL NOISE STANDARDS

The Department of Housing and Urban Development (HUD), a federal agency, considers outdoor day-night

noise exposure up to 65 dBA, Ldn as the maximum acceptable noise level under most circumstances (24

CFR Part 51, Subpart B). This is a 24-hour average, which is often considered in the approval of project

applications.

3.11.3 SENSITIVE RECEPTORS

Some land uses are considered more sensitive to noise than others due to the amount of noise exposure (in

terms of both exposure duration and insulation from noise) and the types of activities typically involved.

Residences, motels and hotels, schools, libraries, churches, hospitals, nursing homes, auditoriums, and

parks and other outdoor recreation areas generally are more sensitive to noise than are commercial and

industrial land uses. A sensitive receptor is defined as any living entity or aggregate of entities whose

comfort, health, or well-being could be impaired or endangered by the existence of the criteria pollutant,

whether it is air emissions or noise, in the atmosphere.

Overall, the project site vicinity is characterized by open space coastal bluffs, Trinidad Head to the west,

Trinidad State Beach to the northwest, Trinidad Bay to the southeast, and single family residential house to

the north and northeast. These single family residences, located immediately outside the project area, are

the nearest sensitive noise receptors. The nearest school (Trinidad Elementary School) is located

approximately 0.2 mile northeast of the project site. With the exception of special-status species, discussed

above in Section 3.4, there are no other noise sensitive receptors in the vicinity of the project site.

3.11.4 EXISTING NOISE SOURCES

The noise environment surrounding the project site is influenced primarily by vehicle, harbor, and tide

generated noise. Noise levels are increased during parts of the year when local fishery seasons open (e.g.,

salmon, Dungeness crab, etc.). Similarly, increased parking lot activity (e.g., conversations, car door

closing, unloading small watercraft) contributes to the existing environment, especially with the onset of

favorable weather during the summer and fall months. A 19-hour and 15-minute recording was taken in the

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vicinity of the project site. The 19-hour recording as taken immediately east of bait shop between the

storage shed and the old boat launch near Trinidad Bay. The 15-minute recording was taken above the

harbor along the bluff immediately south of the nearest single-family home. The 15-minute recorded noise

measurement was a CNEL of 70.4 dB. The recorded noise measurement for the 19 –hour recording was a

CNEL of 78.3 dB. The Trinidad General Plan, which has adopted the HUD Standards for noise pollution,

specifies the allowable noise levels for various areas based on their zoning designation. Allowable noise

levels for commercially zoned areas are specified as up to 75 dBA during the day (6:00 AM to 10:00PM)

and up to 65 dBA during the night (10:00 PM to 6:00 AM) (City of Trinidad, 1980. It should be noted that

while the intent was to collect the noise measurements during crab season, the season was postponed due to

environmental hazards and no fishing or crabbing operations were occurring during the time the noise

measurements were collected.

3.12 HAZARDOUS MATERIALS

A Phase I Environmental Site Assessment (Phase I ESA) of the Subject Property was prepared for the

project parcels (Appendix F). As documented in the Phase I ESA, the project site is listed on the SWRCB

LUST, EPA US BROWNFIELDS, SWEEPS UST, EPA FINDS, EPA CUPA, HAZNET, HIST CORTESE,

and NPDES lists. Also, the Phase I ESA notes that there were seven above ground septic holding/treatment

tanks located south of the public restroom/storage building and situated behind a chain linked fence. No

visible leaks were identified and the system appeared to be working normally. Multiple electrical boxes

were located on the property but no transformers were located on the site. Behind the above ground septic

holding/treatment tanks, a newer propane tank was identified along with nine plastic 55-gallon barrels

currently used for holding bags of trash. No hazardous leaks were identified from the propane tank or the

trash bins. A “North State Rendering Co., Inc.” grease bin was located behind the restaurant and no leaks

were noticed. Next to the grease bin, two 55-gallon metal drums were noted, which appear to be used for

storage of grease. Some grease appeared to have leaked onto the concrete pad where the drums and grease

container were stored.

The Phase I ESA indicates that one listing on the Subject Property near the center on the northern portion of

the paved parking lot indicates previous hazardous materials releases. However, the releases are reported as

closed cases. In addition, the listing is a historical NPDES permit holder (Permit number: CA0024571)

which includes an industrial facility that treats and disposes liquid or semisolid wastes from any servicing,

producing, manufacturing, or processing operation of whatever nature. This listing does not constitute an

REC because it has been remediated. Its active listing for a NPDES permit does not pose a significant risk

to the Subject Property.

3.13 VISUAL RESOURCES

The visual characteristics of the project site are typical of coastal bluff, beach, bay, and harbor areas. The

vegetation component of the scenery is dominated by northern coastal scrub and grasslands. A boat launch,

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restaurant, bait shop, storage facility, restrooms, wastewater treatment tanks, and a shed converted into the

harbor manager’s office exists in the paved portions of the site. Additionally, the Trinidad Pier,

reconstructed in 2002, protrudes into Trinidad Bay just west of Little Head. There is also one single family

residence along the southwestern boundary of the site, which is currently owned by the Tribe.

The project site is located west of Highway 101 and is nestled with Trinidad Bay. Although the southern

portion of the project site is lower than the area that would be developed, the area is not visible from

Highway 101 because the corridor along Highway 101 between the project site is developed with

residential housing and buildings within the City. The area that would be developed is not visible from

Highway 101 as there is a steep hill adjacent to the project site. Furthermore, the area to be developed

currently consists of temporary structures and storage containers. Representative photos of the area to be

developed with the visitor center are included in Photos 1 through 4 below.

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Photo 1: View to the north from the southern beach. Areas proposed for the visitor center located in the center of

the photo.

Photo 2: View to the West from the coastal bluff. Proposed area for the visitor center shown in the center of the

photo.

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Photo 3: View to the south from the Bay Street parking lot. Areas proposed for the visitor center include the

tackle shop to the right and the storage shed behind and to the left of the tackle shop. The utility bay represented

by the green grass will not be disturbed under the Proposed Project.

Photo 4: View to the east from the Seascape Restaurant. Areas proposed for the visitor center include the paved

areas shown in the photo.

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SECTION 4.0

ENVIRONMENTAL CONSEQUENCES

In this section, environmental consequences are described for project alternatives. Resource areas that are

analyzed in this section include direct and indirect impacts to the resource settings addressed in Section 3.0.

Direct impacts are those that are caused by the action and occur at the same time and place, while indirect

impacts are caused by the action and occur later in time or further in distance, but are still reasonably

foreseeable (Council on Environmental Quality, Regulation 1508.8). Cumulative effects and growthinducing effects of the project alternatives are also assessed in this section for each of these resource areas.

Note that, consistent with the CEQ’s NEPA Regulations Section 1508.8, the term “effects” is used

synonymously with the term “impacts.”

4.1

ALTERNATIVE A – PROPOSED PROJECT

4.1.1 LAND RESOURCES

IMPACT CRITERIA

Alternative A would result in significant effects to land resources if construction or operation causes

significant alterations to the site topography, significant soil erosion, or limits access to mineral resources of

regional significance; or if geological/soil hazards associated with the existing setting would pose

limitations to the development of Alternative A or pose a significant health hazard to new habitable

structures.

TOPOGRAPHY

Alternative A would not result in substantial changes in the topography of the project site as development is

limited to the existing parking lot, Bay Street, and the area adjacent to the restaurant that has been

previously disturbed (refer to Photos 1 through 4 in Section 3.13). With gentle slopes between five to six

percent, the area of development is at low risk for landslides. As noted in Section 2.2, design-level

geotechnical specifications will be developed for the project prior to finalization of construction plans for

the property. Therefore, no significant effect to, or resulting from, topography would occur as a result of

Alternative A.

GEOLOGIC SETTING AND SEISMICITY

The project site is not located on any known “active” fault trace thus the risk of fault rupture is low.

Regional faults may, however, produce strong ground shaking within the next 50 years. As discussed in

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Section 2.2, the proposed facilities will conform to the seismic requirements of the California Building

Code (CBC). Therefore, no significant effects due to geological or seismic conditions onsite would occur.

SOILS

Excavation within the parking lot and Bay Street to develop the stormwater improvements and construction

of the proposed visitor center may expose soil and increase the risk of erosion to soils. General

construction activities associated with grading and excavation reduce the integrity of the soil structure,

increasing the likelihood of erosion from wind and/or stormwater runoff. With implementation of

protective measures outlined in a SWPPP for reducing erosion during construction activities in accordance

with the EPA’s NPDES General Construction Permit, which are listed as Mitigation Measure 5.1.1,

implementation of Alternative A would result in no significant effects related to soil erosion.

MINERAL RESOURCES

The excavation within the parking lot and Bay Street to develop the stormwater improvements and

development of the visitor center on previously graded land would not result in a loss of economically

viable aggregate rock or diminish the extraction of important ores or minerals. Because there are no known

or mapped mineral resources within the project site, development and use of the land would not affect the

extraction of known mineral resources of importance to the surrounding communities. There are no

abandoned mines, shafts, or tailing that would affect development.

4.1.2 WATER RESOURCES

IMPACT CRITERIA

Alternative A would result in significant effects to water resources if construction or operation would result

in direct significant effects to drainage patterns resulting in off-site flooding, floodplain management,

and/or cause an exceedance of applicable water quality criteria. For groundwater resources, Alternative A

is analyzed to determine if either construction or operation would result in a significant decline in

groundwater levels, a significant decline in groundwater recharge rates, and/or cause an exceedance of

applicable groundwater quality criteria.

SURFACE WATER, DRAINAGE, AND FLOODING

Alternative A would decrease the coverage of impervious surfaces on the property through the replacement

of a portion of the existing asphalt with permeable pavement. Currently, impervious surfaces result in

increased peak flows and increased total discharge of stormwater (which include motor vehicle

contaminants from the parking lot) to the Trinidad Bay. As stated in Section 3.3, the project site, and

specifically the development area, does not contribute to an inland watershed and therefore would have no

impact on inland surface waters. To reduce the impacts relating to discharges to the bay, stormwater flow

reduction and quality improvement features have been incorporated into the project design, as discussed in

Section 2.2. The new design features would divert a portion of the stormwater that currently discharges

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directly into the bay without pretreatment into cisterns, dry wells, and rain gardens. Additionally,

stormwater generated within the parking lot would be diverted to a bioswale, which would improve water

quality prior to discharge to the bay. Implementation of Alternative A would thereby improve stormwater

conditions compared to existing conditions and eliminate the direct discharges of untreated stormwater

from the parking lot to the bay. Therefore, there would be a beneficial impact from Alternative A related to

stormwater runoff.

The project site is located outside of the Federal Emergency Management Agency 100-year floodplain.

There would be no significant effects due to flooding as a result of Alternative A.

WATER AND GROUNDWATER SUPPLIES

Water demands of Alternative A would be minimal as the visitor center would include one new employee,

one restroom facility, one employee sink, and no other amenities that would require additional water

supply. The existing water supply from the City would meet the visitor center needs through connection to

existing piping to the restaurant located adjacent to the proposed development. The City has enough

capacity to accommodate Alternative A (Buckman, 2016). The City currently uses surface water diversions

to meet potable water demands and therefore no groundwater would be extracted to meet the needs of the

project. No significant effects to water or groundwater supply would occur as a result of Alternative A.

WASTEWATER TREATMENT AND DISPOSAL

Wastewater generation from Alternative A would be minimal with the addition of one employee restroom.

Wastewater treatment would have an approximate average peak flow of 30 gallons per day (Table 4.1-1).

Description

Interpretive Visitor Center

Total Wastewater Flows

TABLE 4.1-1

WASTEWATER FLOWS FOR ALTERNATIVE A

Average Peak Average Daily

Daily Flow

Flow for

Occupancy

Units

Project

per Unit

(gpd/Unit)1

(gpd)

1

Persons

302

20

20

Average Peak

Daily Flow for

Project

(gpd)1

30

30

1 Assumed 1.5 peak day peaking factor

3 Based on 20 gpd per person

Primary treatment of wastewater would be provided by existing above ground treatment tanks which allow

time and space for heavy solids and light grease to separate from wastewater. As discussed in Section 2.2,

the above ground tanks have a capacity of approximately 35,000 gallons per day to accommodate

Alternative A. The system is currently in permit compliance and the additional 30 gallons of peak daily

flow would not cause the existing system to operate under upset conditions (backflow, reduced treatment

efficiency, etc.). Effects from wastewater under Alternative A would be less than significant.

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WATER QUALITY

Construction

Construction activities under Alternative A would include ground disturbing activities such as grading and

excavation, which could lead to erosion of topsoil. Erosion from the construction site could increase

sediment discharge thereby degrading the water quality of Trinidad Bay. Construction activities would also

include the routine use of potentially hazardous materials such as concrete washings, oil, and grease, which

may spill onto the ground and be picked up by stormwater. Releas

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