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EXHIBIT 2 <br /> will ultimately discharge into waters of the United States and the State of California, making the <br /> project subject to the requirements of a National Pollution Discharge Elimination System (NPDES) <br /> permit. Additionally, other impacts could potentially occur related to groundwater, dewatering during <br /> construction, and the potential need for a pump system to remove storm water from the lower <br /> elevations of the project area. This will be further evaluated in the Water Quality Memorandum that <br /> is prepared for the proposed project. <br /> 11. Is the project within a designated sole-source aquifer? The designated sole-source aquifers in <br /> California are located in the counties of Fresno, Santa Cruz, Butte, and Imperial. The proposed <br /> project is located in Orange County and not near any of California's designated sole-source aquifers. <br /> Coastal Zone <br /> 12. Is the project within the State Coastal Zone, San Francisco Bay, or Suisun Marsh? The State <br /> Coastal Zone is designated as the coastal area that is generally located within one mile of the Pacific <br /> Coast. The project area is considerably further from the coast and not within an area regulated by the <br /> State Coastal Zone Management Agency(SCZMA). <br /> Floodplain <br /> 13. Is the construction area located within a regulatory floodway or within the base floodplain <br /> (100-year) elevation of a watercourse or lake? As identified on the Federal Emergency <br /> Management Agency (FEMA) Flood Insurance Rate Map (FIRM) number 06059C0163J, dated <br /> December 3, 2009, for Orange County, California and Incorporated Areas the proposed project is not <br /> located with a 1-percent annual chance (100-year)floodplain or a regulatory floodway. The proposed <br /> project is located in unshaded Zone X, which is defined as areas determined to be outside the 0.2% <br /> annual chance (500-year)floodplain. <br /> Wild and Scenic Rivers <br /> 14. Is the project within or immediately adjacent to a Wild and Scenic River System? There are no <br /> wild and scenic rivers located in or adjacent to the study area according to the Wild and Scenic River <br /> System list that is maintained by the National Park Service. <br /> Biological Resources <br /> 15. Is there a potential for federally listed threatened or endangered species, or their critical <br /> habitat or essential fish habitat to occur within or adjacent to the construction area? A review <br /> of the California Natural Diversity Database and California Nation Plant Society database was <br /> performed. In addition a preliminary review of the project site was conducted. The project site <br /> includes a few heavily disturbed lots with ruderal vegetation. Based on these reviews, no federally <br /> listed or threatened or endangered species occur, or have the potential to occur, on or adjacent to the <br /> project site. In addition, no critical habitat for any federally listed threatened or endangered species is <br /> present. This will be further documented in the Natural Environment Study (Minimal Impact) (NES <br /> [MI])that is prepared. <br /> 16. Does the project have the potential to directly or indirectly affect migratory birds, or their <br /> nests or eggs (such as vegetation removal, box culvert replacement/repair, bridge work, etc.)? <br /> The Migratory Bird Treaty Act (MBTA) makes it unlawful at any time, by any means or in any manner, <br /> to pursue, hunt, take, capture, or kill migratory birds. The law applies to the removal of nests as well <br /> as the abandonment of nests occupied by migratory birds during the breeding season. Due to the <br /> presence of vegetation and trees within and adjacent to the identified limits of disturbance for the <br /> proposed project there is the potential for impacts to migratory and nesting birds during construction <br /> activities. This will be further evaluated and addressed in the NES (MI) that is prepared for the <br /> proposed project. It is anticipated that tree removal associated with project would occur outside of <br /> the bird breeding season. If tree removal would occur during the bird breeding season (February 15 <br /> through August 15), a pre-construction nesting bird survey shall be conducted prior to any ground <br /> disturbance or vegetation removal. <br /> 4 <br />