1. VP1 W
Largest vernal pools are visible from this historic 1938 aerial (pre-oil operation)

2. Source: Bauder and McMillan 1998
Example of a historic vernal pool complex from San Diego -1928
Mima mound mesas
Matching distinctive signature of a vernal pool complex at NBR -1938
Vernal pool topography present onsite – Through all the usage, NBR has always remained a vernal pool site.

3. NBR has been heavily impacted, but retains a complex of vernal pools with a diversity of features:
Flat mesas with vernal pools on vernal pool soils
San Diego fairy shrimp known from 8 pools and still potentially present in most other pools (per USFWS protocols).
Other fairy shrimp, vernal pool crustaceans, and/or amphibian larvae in most pools
12 known species of vernal pool plants (USACE or USFWS lists), with 3 or more plant species in many pools

4. RWQCB CWA Section 401 – Waters of the U.S.
State Porter Cologne Act – All Surface Waters
RWQCB issued a Denial Without Prejudice based on:
Absence of adequate information to assess the vernal pools and spring plant surveys are required;
Absence of adequate evaluation of Water Quality Beneficial Uses - RARE (habitats necessary for the support of rare, threatened or endangered species);
Discussions with the U.S. Army Corps of Engineers regarding the jurisdictional determination and analysis of alternatives pursuant to Section 404(b)(1).

5. USACE CWA Section 404 – Waters of the U.S., including Wetlands
“Western Vernal Pools” called out in the New Waters Rule for specific evaluation
EPA report “Connectivity of Streams & Wetlands to Downstream Waters” references VPs, their ecologic and hydrologic importance, and their potential connectivity during wet season periods.
Location: Within 1,500 feet of a high tide line or ordinary high water mark would be connected
Services Evaluated: nutrient cycling, flood attenuation, life cycle dependent aquatic habitat (such as foraging, feeding, nesting, breeding, spawning, or use as a nursery area).
Categorical Exclusion: Do not quality as artificial features created in the uplands because this is a historic wetland vernal pool complex.

6. USACE, cont.
Nationwide Permit Application submitted (used for projects with “minimal impacts”)
An Individual Permit Process likely required:
LA District Regional General Condition No. 5 requires an Individual Permit for impacts to vernal pools
NEPA Compliance
Public Notice
Section 404(b)(1) AA to identify the Least Environmentally Damaging Practicable Alternative (LEDPA)
Environmental Interest Review (including impacts on wetlands, federally listed species, water quality, etc.)