HomeMy Public PortalAboutResolution - 22-56- 20221214 - Addendum Certified FEIR WRESOLUTION NO. 22-56
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING AN ADDENDUM TO THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WILDLAND
FIRE RESILIENCY PROGRAM
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code § 21000 et seq.) ("CEQA"), the Midpeninsula Regional Open Space District (the
"District") is the lead agency for environmental review of the Wildland Fire Resiliency Program
(the "Program"); and
WHEREAS, on May 12, 2021, the Board of Directors of the District (the "Board")
certified the Final Environmental Impact Report ("EIR" or "2021 EIR") for the Program by
approving Resolution No. 21-14, which certification was supported by findings of fact, adoption
of a statement of overriding considerations and approval of a Mitigation Monitoring Plan
("MMP"); and
WHEREAS, the Program certified in the 2021 EIR analyzed a Prescribed Fire Plan
("PFP") that programmatically addressed the methods and implementation of prescribed fire to
manage fuel and improve ecosystem health; and
WHEREAS, subsequent to the certification of the 2021 EIR, the District has developed
the details and further refined elements of the PFP, which resulted in certain minor modifications
to the Program (the "Modifications"); and
WHEREAS, the Modifications are desirable because they: 1) provide a more detailed
framework for the District to use for prioritization and implementation of prescribed fire; and 2)
will enhance the District's ability to fulfill the Program goals, which are to preserve and restore
biodiversity, enhance habitat, integrate Native American traditional ecological knowledge, and
minimize potential effects should a wildland fire occur on the environment, while also reducing
fuel loads and wildland fire risks; and
WHEREAS, the District has prepared an Addendum to the 2021 EIR in accordance with
CEQA section 21166 and CEQA Guidelines section 15164 to describe the Modifications,
attached hereto as Exhibit A (the "Addendum"); and
WHEREAS, the Modifications constitute minor technical changes and would not alter
any of the conclusions in the 2021 EIR, or result in new significant impacts to the environment,
there is no substantial increase in the severity of previously identified significant impacts, and no
new mitigation measures are required.
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Resolutions 2027/72-56 WildlandFireProgramFEIRAddendum
1
NOW, THEREFORE, BE IT RESOLVED AND APPROVED by the Board of Directors as
follows:
1. The Addendum to the 2021 EIR fully describes the proposed minor changes to the
Program and has been prepared in compliance with CEQA (Cal. Public Resources
Code section 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regs.
section 15000 et seq.).
2. The Addendum reflects the Board of Directors' independent judgment and
analysis.
3. In accordance with CEQA Guidelines section 15164, the Addendum, considered
together with the 2021 EIR, statement of overriding considerations and the MMP,
adequately addresses the potential environmental impacts associated with the
Modifications.
4. The documents and other materials constituting the administrative record of the
proceedings upon which the Board's decision is based are located at the
Midpeninsula Regional Open Space District, Administrative Office, 5050 El
Camino Real, Los Altos, CA 94022.
5. The Addendum is hereby approved by the Board and shall be considered a part of
the District's environmental review of the Program.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on December 14, 2022, at a Regular Meeting thereof, by the following vote:
AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, RIFFLE,
SIEMENS
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
APPROVED:
Karen Holman, Secretary Zoe I rsteen-'fucker, President
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
Board of Directors
Resol utions-2d22-22-5G _ tiWildl anciFi re Prouam FEIRAddendum
2
I, the Acting District Clerk of the Midpeninsula Regional Open Space District, hereby
certify that the above is a true and correct copy of a resolution duly adopted by the Board of
Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting
thereof duly held and called on the above day.
A}I ria Soria, Acting D' rict Clerk
Exhibit A: Addendum to the Final 2021 EIR
Resolutions,2O22, 22-56_ W i ldlandFireProeram FE1Rrlddendum
3
717 Market Street, Suite 400
San Francisco, CA 94103
650-373-1200
www.panoramaenv.com
Midpeninsula Regional Open Space District
Addendum to the Wildland Fire Resiliency
Program Environmental Impact Report
State Clearinghouse No. 2020049059
November 2022
EXHIBIT A
EXHIBIT A
TABLE OF CONTENTS
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
i
Table of Contents
1 Introduction ................................................................................................................................................. 1-1
1.1 Background ................................................................................................................................................. 1-1
1.2 CEQA Compliance ....................................................................................................................................... 1-2
2 Description of Refined PFP ....................................................................................................................... 2-1
3 Evaluation .................................................................................................................................................... 3-1
3.1 Aesthetics .................................................................................................................................................... 3-1
3.2 Air Quality ..................................................................................................................................................... 3-3
3.3 Biological Resources ................................................................................................................................. 3-7
3.4 Cultural Resources ..................................................................................................................................... 3-8
3.5 Geology and Soils ....................................................................................................................................... 3-9
3.6 Greenhouse Gas Emissions ....................................................................................................................... 3-9
3.7 Hazards and Hazardous Materials ......................................................................................................... 3-11
3.8 Hydrology and Water Quality .................................................................................................................. 3-12
3.9 Noise ........................................................................................................................................................... 3-13
3.10 Recreation .................................................................................................................................................. 3-14
3.11 Transportation ........................................................................................................................................... 3-15
3.12 Other CEQA Topics ................................................................................................................................... 3-16
4 Determination ............................................................................................................................................. 4-1
5 References ................................................................................................................................................... 5-1
List of Tables
Table 2-1 Comparison of Prescribed Fire Plan Refinements ............................................................... 2-1
Table 3-1 Criteria Pollutant Emissions Generated During Baseline Conditions and the Maximum Year
of Implementation ..................................................................................................................... 3-5
Table 3-2 Annual GHG Emissions Generated During Baseline Conditions and the Maximum Year
Implementation (MTCO2e) ..................................................................................................... 3-10
EXHIBIT A
TABLE OF CONTENTS
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
ii
List of Appendices
Appendix A Mitigation, Monitoring, and Reporting Program
EXHIBIT A
1 INTRODUCTION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
1-1
1 Introduction
1.1 Background
The Midpeninsula Regional Open Space District (Midpen) is a public agency formed by voter
initiative in 1972. Midpen’s purpose is to acquire and permanently protect a regional greenbelt
of open space lands; preserve and restore wildlife habitat, watersheds, viewsheds, and fragile
ecosystems; provide opportunities for low-intensity recreation and environmental education;
and support viable agricultural uses of the land on the San Mateo County coast. Midpen has
preserved, to-date, a regional greenbelt system of more than 65,000 acres of public land and
manages 26 open space preserves (OSPs) and other land under management agreements
(referred to as “Midpen lands” throughout this document).
Wildland fire prevention, preparation, and response are a part of Midpen's land stewardship.
California’s fire season is now longer and more intense due in part to dense regrowth of
historically logged forests, more than a century of fire suppression, increased development in
the wildland urban interface (WUI), and a changing climate. To meet these growing challenges,
Midpen developed and approved the Wildland Fire Resiliency Program (WRFP) in May 2021 to
allow for increased and environmentally sensitive vegetation management. Vegetation
management activities can reduce the potential for severe wildland fire. A major wildland fire
on unmanaged lands likely will have more substantial ecosystem, recreation, carbon, and
resource impacts than the impacts from the work to manage the vegetation.
The WFRP addresses wildland fire management across all Midpen lands (Midpen, 2021). The
Program is comprised of four primary plans:
•Vegetation Management Plan (VMP): On a project-level, addresses creation and
maintenance of fuelbreaks, fuel management zones, and defensible space zones
using vegetation management techniques addressed in Midpen’s Integrated Pest
Management Program (IPMP);
•Prescribed Fire Plan (PFP): Programmatically addresses the methods and
implementation of prescribed fire to manage fuel and improve ecosystem health;
•Wildland Fire Pre-Plan/Resource Advisor Maps: Describes the creation of
Resource Advisor maps for each open space preserve (OSP) and other managed
land (or groups of managed lands) that includes information on existing
conditions, infrastructure, and resources constraints to aid fire suppression
activities and to locate sensitive resource areas that merit protection from potential
damage due to fire or fire suppression activities; and
EXHIBIT A
1 INTRODUCTION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
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•Monitoring Plan: Provides a framework for recording pre-project conditions,
vegetation treatment response, and fuels inventories to inform future adaptive
management techniques and refinement of the WFRP over time.
The PFP provided a high-level framework for prescribed fire on Midpen lands, but since
completion of the WFRP, Midpen has further refined the plan based on a closer examination of
prescribed fire goals and methods. The refined PFP expands upon the programmatic PFP and
provides a more detailed framework for Midpen to use for implementation of prescribed fire.
The PFP integrates with the VMP and other ongoing treatment activities on Midpen lands.
1.2 CEQA Compliance
Midpen’s Board of Directors certified an Environmental Impact Report (EIR) for the WFRP
(State Clearinghouse Number 2020049059) in May 2021 (Midpen, 2021). The WFRP EIR was
prepared in accordance with the California Environmental Quality Act (CEQA) to assess the
environmental effects of the WFRP, including the programmatic PFP. The mitigation measures
(MMs) adopted as part of the WFRP EIR are presented in Appendix A. The Notice of
Determination for the WFRP EIR was filed on May 14, 2021.
As previously mentioned, several aspects of the PFP have been refined from what was analyzed
in the certified Final EIR. Pursuant to Section 15164 of the CEQA guidelines, an addendum to an
adopted EIR shall be prepared if only minor technical changes or additions are necessary and
none of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines have
occurred that call for preparation of a subsequent or supplemental EIR. As described in Section
15162(a), a subsequent or supplemental EIR would be required if substantial changes occur to
the project or substantial changes to the circumstances under which the project is undertaken
occur that would involve either (a) a new significant environmental effect or (b) a substantial
increase in the severity of a previously identified significant effect.
This Addendum describes the changes and additions to the programmatic PFP (referred to as
the “refined PFP”), and identifies the changes to the analysis in accordance with the Appendix
G resource questions analyzed in the WFRP EIR. This Addendum finds that the revisions to the
PFP would not result in new significant impacts nor would they substantially increase the
severity of previously identified significant impacts (CEQA Guidelines Section 15162),
concluding that an addendum is the appropriate approach to document the changes since
certification of the Final EIR. No new information of substantial importance has been identified,
and none of the conditions described in Sections 15162 and 15163 of the CEQA Guidelines that
call for preparation of a subsequent CEQA document are present.
Section 15164(c) of the CEQA Guidelines states that “[a]n addendum need not be circulated for
public review but can be included in or attached to the final EIR or adopted negative
declaration.” Because the impact determinations in the Final EIR have not changed, additional
circulation and review of public comments are not required.
EXHIBIT A
2 DESCRIPTION OF REFINED PFP
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
2-1
2 Description of Refined PFP
Table 2-1 presents a comparison of changes between the refined PFP and the approved PFP
originally analyzed under the certified WFRP EIR. The refined PFP is incorporated here by
reference. The changes or additions made between the approved programmatic PFP and refined
PFP are underlined in Table 2-1.
Table 2-1 Comparison of Prescribed Fire Plan Refinements
Component Approved Programmatic
Prescribed Fire Plan
Refined Prescribed Fire Plan
Burn Objectives •Ecosystem Restoration Burns
•Traditional Ecological
Knowledge Burns
•Training Burns
•Prescribed Natural Fire
•Ecosystem Restoration Burns
•Fuel Reduction Burns
•Traditional Ecological Knowledge Burns
•Training Burns
•Prioritization of Multiple Unplanned
Ignitions (previously referred to as
Prescribed Natural Fire)
Annual Number of Burns First 3 to 5 years
•One to two prescribed burns
annually
After 5 years
•Up to three prescribed burns
annually
First 3 to 5 years
•One to three prescribed burns annually
•Anticipated to be lower complexity burns
of a smaller size (e.g., 10 to 20 acres) with
annual burning averaging potentially up to
100 acres, but depending upon crew
availability and burn conditions could burn
as much as 500 acres
After 3 to 5 years
•Up to three prescribed burns or more
annually
•May be high complexity and larger sized
individual burns (e.g., up to 100 acres)
over a longer duration, with up to 500 total
acres a year
Maximum Annual Burn Area 500 acres No change
Assumed Vegetation Types
of Annual Burns – San
Francisco Bay Area Air Basin
(SFBAAB)
Single Scenario Modeled for Air
Quality Impacts: 450 acres b
•10 percent grassland
communities
•60 percent woodland
communities
Multiple Scenarios Modeled for Air Quality
Impacts: 500 acres b
SFBAAB Scenario 1
•10 percent grassland communities
•60 percent woodland communities
•30 percent shrub communities
EXHIBIT A
2 DESCRIPTION OF REFINED PFP
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
2-2
Component Approved Programmatic
Prescribed Fire Plan
Refined Prescribed Fire Plan
•30 percent shrub
communities
SFBAAB Scenario 2
•60 percent grassland communities
•30 percent woodland communities
•10 percent shrub communities
SFBAAB Scenario 3
•45 percent grassland communities
•25 percent woodland communities
•10 percent shrub communities
•20 percent mixed conifer/hardwood
communities
Assumed Vegetation Types
of Single Day Burn – North
Central Coast Air Basin
Single Scenario Modeled for Air
Quality Impacts: 50 acres
•100 percent grassland
communities
No change
Pre-Treatment Activities •Mechanical pre-treatment
using heavy equipment,
power tools, and hand tools
to improve control lines or
operational safety
•Pile burning may be used for
biomass disposal
•Pre-treatment to improve
existing control lines and for
operational safety is
quantitatively addressed
under the VMP
•The total volume of material
allowed to be pile burned in a
year is quantitatively
addressed under the VMP
•Pre-treatment to install new
control lines was not
explicitly addressed due to
lack of specifics
•Mechanical pre-treatment using heavy
equipment, power tools, and hand tools to
improve control lines or operational safety
•Pile burning may be used for biomass
disposal
•Pre-treatment to improve existing control
lines and for operational safety is
quantitatively addressed under the VMP
•The total volume of material allowed to be
pile burned in a year is quantitatively
addressed under the VMP
•Pre-treatment to install new control lines
is estimated based on delineated potential
burn areas and more specific control line
parameters
Existing Control Lines Paved roads, dirt roads, trails,
and disclines
No change
New Control Lines - Types Not specified in the PFP. The
WFRP EIR assumed that a new
control line may be installed
through discing.
A new control line may be installed through
mowing, mastication, scraping, or wetting of
fuels.
New Control Lines - Width New control lines would be
constructed to standards
described in the Burn Plan, but
New control lines will be constructed to
standards described in the Burn Plan, but will
generally be 1.5 times as wide the height of
EXHIBIT A
2 DESCRIPTION OF REFINED PFP
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
2-3
Component Approved Programmatic
Prescribed Fire Plan
Refined Prescribed Fire Plan
typically would be 1-foot to 6-foot
wide, depending on location,
vegetation type, and type of
equipment used to construct the
line.
the fuel which will carry the fire, depending on
location, vegetation type, and type of
equipment used to construct the line. In
grasslands a control line may involve mowing
a swath up to 5 to 10 feet wide. Control lines in
shrub communities may need to be 20 to 30
feet wide. Forest communities may need a
control line of 5 to 10 feet wide.
New Control Lines - Linear
Feet
Not quantified in the PFP. 8,000 linear feet of new control lines annually
a,b
Identification of Burn Units Not identified in the PFP. •Potential burn areas are delineated and
shown in maps based on topography,
similar vegetation types, and existing
infrastructure.
•Burn units will be identified within the
potential burn areas, although not all
potential burn areas will be further
delineated into burn units.
•Specific requirements must be met prior
to initiating planning for a burn and for
burn unit(s) to be suitable for burning.
•If the requirements are met, Midpen will
review the burn units with consideration
for prioritization criteria to determine
which burn units to undertake in a given
year.
Public Notification Process Not specified in the PFP.
•Individual approved Burn
Plans and Smoke
Management Plans will
identify certain outreach
requirements.
•Mitigation Measure (MM) Air
Quality-2 of the WFRP EIR
requires notification at least
two days prior to a burn day
to relevant individuals and
jurisdictions, depending upon
size of the burn.
•MM Hazards-3 of the WFRP
EIR requires installation of
temporary signage on public
roads, if not closed, at
intervals ahead of and
•Individual approved Burn Plans and
Smoke Management Plans will identify
certain outreach requirements.
•MM Air Quality-2 of the WFRP EIR
requires notification at least two days
prior to a burn day to relevant individuals
and jurisdictions, depending upon size of
the burn.
•MM Hazards-3 of the WFRP EIR requires
installation of temporary signage on public
roads, if not closed, at intervals ahead of
and adjacent to a prescribed burn.
•Stakeholder, public outreach, and
notification guidelines were developed
and incorporated into the PFP identifying
what notification Midpen will be
responsible for as well as notification
under the discretion of other agencies and
partners.
EXHIBIT A
2 DESCRIPTION OF REFINED PFP
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
2-4
Component Approved Programmatic
Prescribed Fire Plan
Refined Prescribed Fire Plan
adjacent to a prescribed
burn.
•Within 3 months leading up to the
proposed burn window, Midpen will:
-Update Midpen’s website with
information
-Provide notification to key stakeholders
•Within a reasonable period of time in
advance of a burn day, Midpen will:
-Install signage at the relevant OSP
-Update Midpen’s website with
information
-Notify adjacent neighbors/homeowner’s
associations
-Provide notifications to key
stakeholders and the relevant public
-
Burn Ignition •Conducted by hand using a
drip torch or hand-held flare.
•Conducted by hand in most cases by using
a drip torch but may include other
equipment such as hand-held flare, hand
launched devices, or similar methods or
potentially aerial ignitions via a helicopter
or unmanned aerial vehicle (UAV) for
dangerous or difficult to access locations.
Aerial ignitions often use a Plastic Sphere
Dispenser, but may include helitorch
operations.
•Helicopter use in a maximum year could
be for up to 5 days, 8 hours a day.b
a Estimated based on 10 separate 50-acre burn units with an assumption that 85 percent of the control lines are
existing.
b These assumptions are for the environmental analysis and are not specifically identified in the PFP.
EXHIBIT A
3 EVALUATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
3-1
3 Evaluation
3.1 Aesthetics
3.1.1 Visual Characteristics
The WFRP EIR analysis concluded less than significant impacts on visual characteristics for the
PFP. The refined PFP would involve increasing the average size of a single burn from 50 acres
to 100 acres, and installing new control lines that would be 1.5 times as wide as the height of the
fuel that will carry the fire. While the average number of acres burned annually increases in the
refined PFP, the WFRP EIR analyzed a maximum of 500 acres burned annually, which has not
changed under the refined PFP.
The new control lines would be installed through mowing, mastication, scraping, or wetting of
fuels. The types of control lines proposed in the refined PFP are similar to the vegetation
treatments discussed in the WFRP EIR VMP. As analyzed in the WFRP EIR, most control lines
would use existing features including roads and trails. The use of existing control lines would
account for 85 percent of the control lines used for prescribed burning, with the remaining 15
percent involving new control line installation. The width of the control line could be up to 30
feet wide, depending on the vegetation community present The method of vegetation treatment
chosen for control line installation could result in a narrower control line than what would
typically be needed for that individual vegetation community. In grassland communities, a
control line may involve mowing a swath up to 10 feet in width. Control lines in shrub
communities may need to be 20 to 30 feet wide. Forest communities may need a control line of 5
to 10 feet wide. The width of the control lines may be wider than analyzed in the WFRP EIR,
depending upon vegetation community and other site-specific conditions. However, the use of
mowing, mastication, and scraping for control lines would have similar effects to visual
character as manual and mechanical vegetation treatments analyzed in the WFRP EIR under the
VMP. Control lines installed through the wetting of fuels would involve hosing down a swath
of vegetation prior to a prescribed burn, and would generally not include the removal of any
vegetation that would change the visual characteristics of the area. The wetting of fuels may be
combined with other control line installation techniques (i.e., mowing or mastication) that could
alter the visual character of the site. Visual effects could occur from the short-term presence of
equipment to perform the work, as well as from the long-term changes in vegetation patterns
from completing the work. However, the change in visual character from control lines would be
temporary and the vegetation would regrow. In most areas the control lines would be
integrated with existing visual features, and in areas such as shrub communities be wider than
analyzed but due to relatively short shrub heights would not substantially alter the visual
impacts already described for this activity in the WFRP EIR. Therefore, the refined PFP would
EXHIBIT A
3 EVALUATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
3-2
not result in new or substantially more severe impacts to the visual character or quality of
public views than those analyzed in the WFRP EIR.
3.1.2 Scenic Resources
The WFRP EIR analysis concluded significant and unavoidable impacts on scenic resources. As
discussed in the WFRP EIR, scenic resources are located throughout Midpen lands and in many
cases are viewable from State scenic highways. Prescribed burns may be conducted in areas
visible from scenic viewpoints, trails, roads, and corridors, as analyzed in the WFRP EIR.
Control lines may be installed adjacent to scenic resources and highways, which could alter the
visual character of the vegetation. Mowing and mastication used for control line installation
would thin vegetation that could be visible from scenic highways. Mowing and mastication
would not clear all the existing vegetation, and the vividness, intactness, and unity of views
would largely remain intact. Mowing and mastication treatments for control lines are similar to
the shaded fuel break treatments analyzed in the WFRP EIR. Scraping control line treatments
would clear vegetation and expose the soil surface, which would alter the density and
composition of the vegetation. Wetting treatments would not change the density or composition
of the vegetation, and the vegetation would remain intact. The impacts from control line
treatments would be visible from scenic roads, trails, viewpoints, or corridors until the
vegetation reestablishes. The refined PFP would implement MM Aesthetics-1 to assess and
reduce visual impacts from control lines in State scenic highway corridors and modify
treatments to reduce impacts where possible.
The increase in width of the control lines from six feet, as presented in the WFRP EIR, to up to
30 feet could increase the presence of invasive species in the control line as well as in adjacent
areas thereby altering the visual characteristic of the vegetation. As discussed in the WFRP EIR,
over many decades, non-native species may increase in dominance both within fuelbreaks
(control lines) and in adjacent areas (Zouhar, Smith, & Sutherland, 2008). Studies have
suggested a pattern that fuelbreaks (or control lines) may act as seed sources for burned sites
compared to fuelbreaks in areas where there has not been a fire. As analyzed in the WFRP EIR,
control lines would be rehabilitated after a prescribed burn. Rehabilitation would include the
decommissioning of control lines as well as follow-up weed control. Control line
decommissioning would generally be limited to the manual re-distribution of duff and brush
back into the previous cleared lines. This spreads native seed back into the lines to facilitate
natural revegetation. It also provides erosion control and discourages the formation of social
trails. Because some weed seeds are stimulated by fire or become readily established in post-fire
settings, prescribed burn sites will be patrolled by Midpen Early Detection Rapid Response
(EDRR) crews for 1 to 5 years as needed following a burn event to identify the need for weeding
or additional restoration work. The refined PFP would implement MM Biology-4 to minimize
the spread of invasive species and forest diseases. Therefore, the refined PFP would not result in
new or substantially more severe impacts to scenic resources than those analyzed in the WFRP
EIR.
EXHIBIT A
3 EVALUATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
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3.1.3 Light and Glare
The WFRP EIR analysis concluded less than significant impacts on light and glare. The refined
PFP would not include any new sources of light or glare that would adversely affect day or
nighttime views. The refined PFP would not introduce any permanent lighting or firefighting
infrastructure that would require substantial light. The refined PFP would not result in new or
substantially severe impacts from light and glare than those analyzed in the WFRP EIR.
3.2 Air Quality
3.2.1 Criteria Pollutants
The WFRP EIR presented the criteria pollutant emissions results of one scenario for the types of
vegetation communities that could be burned in a maximum year, which included burning 10
percent grassland communities, 60 percent woodland communities, and 10 percent shrub
communities. The WFRP EIR analysis concluded that potentially significant and unavoidable
impacts on air quality from criteria air pollutant emissions could be possible from prescribed
fire for all criteria pollutants (i.e., PM10, PM2.5, NOx, ROG).
A few changes have been made to the refined PFP that could result in small increases in
emissions estimates since the EIR. At the time of the WFRP EIR, it was not feasible to estimate
the quantity of new control lines that may be needed in any one maximum year of prescribed
burning. The fire professionals who helped develop the refined PFP were able to estimate the
number of linear feet of new control lines that may be needed based on the number of existing
control lines (e.g., trails) around the potential burn areas that are delineated in the refined PFP.
The widths of the control lines have, additionally, been further refined based on the experience
of the fire professionals. To provide flexibility to Midpen in the future when implementing
more complex prescribed burns, the refined PFP also incorporates the possibility of using a
helicopter or UAV to aerially ignite the burn rather than igniting by hand.
The air quality emissions were therefore re-calculated for prescribed burning given the changes
associated with the PFP, namely for the SFBAAB, where emissions thresholds are based on
annual emissions (versus maximum daily emissions for the North Central Coast Air Basin
[NCCAB], which would not change since the maximum burning/work in any one day would
not change). It was assumed for the refined air quality analysis for this Addendum that a light-
lift helicopter could be implemented for aerial ignitions up to 5 days a year for 8 hours each
day. Two additional potential scenarios for calculation of annual emissions for a maximum year
of prescribed burning were also considered for this Addendum, aside from the scenario results
presented in the WFRP EIR for the SFBAAB, which was limited to Scenario 1, below.
Preliminary emission estimates incorporating the three SFBAAB burn scenarios and the
parameters for new control lines and limited helicopter or UAV ignition were modeled to
determine whether the new assumptions could result in a new or substantially more severe
impact on air quality or greenhouse gas emissions than was accounted for in the WFRP EIR.
EXHIBIT A
3 EVALUATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
3-4
A summary of the three SFBAAB scenarios and the resultant impacts after modeling for this
Addendum are as follows and are shown in detail in Table 3-1:
•SFBAAB Scenario 1, involving 10 percent grassland communities, 60
percent woodland communities, and 30 percent shrub communities
− Resulted in the highest emissions of the activities that could be conducted
annually in SFBAAB.
− Annual emissions of NOx, ROG, PM10, and PM2.5 would exceed the
emission thresholds.
•SFBAAB Scenario 2, involving 60 percent grassland communities, 30
percent woodland communities, and 10 percent shrub communities
− Resulted in the lowest annual emissions out of the three scenarios.
− Annual emissions of NOx, ROG, PM10, and PM2.5 would exceed the
emission thresholds.
•SFBAAB Scenario 3, involving 45 percent grassland communities, 25
percent woodland communities, 10 percent shrub communities, and 20
percent mixed conifer/hardwood communities
− Annual emissions of NOx, ROG, PM10, and PM2.5 would exceed the
emission thresholds.
The SFBAAB Scenario 1 and associated control line creation would result in the greatest
emissions of the three scenarios as part of the refined PFP. Based on the current emission
estimates, the increase in emissions for pollutants, in comparison to those presented in the
WFRP EIR (for Scenario 1), for which the Bay Area Air Quality Management District
(BAAQMD) has significance thresholds 1 is approximately 11 percent. Based on the preliminary
calculations, it appears likely that the increase in emissions associated with refinements in the
PFP and assumptions could result in slightly greater impacts associated with criteria pollutants
and greenhouse gas emissions than were identified in the WFRP EIR; however, the impacts are
not new, were already described as significant and unavoidable, and are only incrementally and
not substantially more severe. The same mitigation as identified in the WFRP EIR would still
apply.
1 Note that an error in the emission rate of carbon monoxide (CO) for prescribed burning in woodland
communities resulted in an erroneously low quantity of emissions reported in the WFRP EIR. This is
shown with corrected emission rates in the addendum Table 3-1. There is no BAAQMD significance
threshold for CO.
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Table 3-1 Criteria Pollutant Emissions Generated During Baseline Conditions and the Maximum Year of Implementation
Maximum Year of Implementation
Pollutant Total Baseline
Conditions
Emissions
Vehicles and
Equipment
Prescribed
Burn
Pile Burn Helicopter Total
Program
Emissions
Net
Emissions
Applicable
Significance
Thresholds
Exceedance?
Annual Emissions in SFBAAB (Tons/Year) – Scenario 1 (parenthesis are the values presented in the WFRP Final EIR)
PM10 0.82 9.34 117.43 1.71 0.02 128.49
(113.41)
127.67
(113)
15 Yes
PM2.5 0.09 1.07 99.53 1.49 0.00 102.08
(92.26)
101.98
(92)
10 Yes
NOx 0.11 1.36 8.48 0.44 0.08 10.36
(11.18)
10.25
(11)
10 Yes
ROG 0.02 0.46 52.89 0.50 0.03 53.87
(49.06)
53.85
(49)
10 Yes
CO 1.40 34.95 1246.55 8.38 0.03 1289.91
(196.72)
1288.51
(194)
- -
SOx 0.00 0.01 6.70 0.23 0.01 6.95 (not
reported)
6.95 (not
reported)
- -
Annual Emissions in SFBAAB (Tons/Year) – Scenario 2
PM10 0.82 8.43 59.40 1.71 0.02 69.56 68.74 15.Yes
PM2.5 0.09 0.96 50.30 1.49 0.00 52.75 52.66 10 Yes
NOx 0.11 1.35 5.03 0.44 1.35 6.90 6.79 10 Yes
ROG 0.02 0.45 25.72 0.50 0.03 26.70 26.68 10 Yes
CO 1.40 34.92 624.68 8.38 0.03 668.01 666.60 - -
SOx 0.00 0.01 3.63 0.23 0.01 3.88 3.88 - -
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Maximum Year of Implementation
Pollutant Total Baseline
Conditions
Emissions
Vehicles and
Equipment
Prescribed
Burn
Pile Burn Helicopter Total
Program
Emissions
Net
Emissions
Applicable
Significance
Thresholds
Exceedance?
Annual Emissions in SFBAAB (Tons/Year) – Scenario 3
PM10 0.82 8.39 80.44 1.71 0.02 90.55 89.73 15 Yes
PM2.5 0.09 0.96 68.14 1.49 0.00 70.58 70.49 10 Yes
NOx 0.11 1.35 6.48 0.44 0.08 8.35 8.23 10 Yes
ROG 0.02 0.45 22.32 0.50 0.03 23.30 23.28 10 Yes
CO 1.40 34.91 850.06 8.38 0.03 893.39 891.98 - -
SOx 0.00 0.01 4.81 0.23 0.01 5.07 5.06 - -
Notes:
Bold indicates a value exceeds thresholds.
Numbers may not add due to rounding.
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The WFRP EIR also identified significant unavoidable impacts within the NCCAB from a
prescribed burn. Only a small portion of the project area falls within the NCCAB
(approximately 3 percent) and prescribed burning would only occur once or twice in a few
decades under the WFRP. The analysis in the WFRP EIR is unchanged for prescribed burning
under the refined PFP in the NCCAB since the NCCAB’s significance criteria are based on
maximum daily emissions. The amount of prescribed burn activity in any one day in NCCAB
would not change.
3.2.2 Health Risk
The WFRP EIR analysis concluded significant and unavoidable impacts on sensitive receptors
from pollutant concentrations. As analyzed in the WFRP EIR, equipment and vehicles would be
used during pre-treatment, the burn, and mop up of the burn, which could disturb serpentine
soils and expose workers to asbestos dust. Prescribed burn activities would release smoke,
which could expose workers, recreationalists, and the public to TAC emissions, including PM2.5.
The effect on Midpen employees and sensitive receptors from prescribed burning activities
could be significant. The WFRP EIR analyzed the impacts of prescribed burns on sensitive
receptors. The approved mitigation measures (MM Air Quality-3, MM Air Quality-4, MM
Hazards-3) would be implemented for the refined PFP to reduce impacts on sensitive receptors,
although the impact would still remain significant and unavoidable. The refined PFP would not
result in new or substantially more severe significant impacts on sensitive receptors than those
analyzed WFRP EIR as the types of, locations of, and maximum annual prescribed burning is
unchanged.
3.3 Biological Resources
The WFRP EIR analysis concluded less than significant impacts with mitigation on biological
resources. The refined PFP may involve the installation of wider control lines than analyzed in
the WFRP EIR, depending upon vegetation community and other site-specific conditions. Only
an estimated 15 percent of the control lines are anticipated to require new installation via
mowing, mastication, or wetting of vegetation, and a fraction of those new control lines could
extend up to 30 feet in width, depending on the vegetation community present. The refined PFP
would also allow for an increase in the potential acres burned in any single burn from 50 acres
to 100 acres. However, the WFRP EIR analyzed a maximum of 500 acres burned annually,
which remains the same in the refined PFP.
The impact of prescribed burning and control lines on sensitive communities and special-status
species was analyzed in the WFRP EIR. The WFRP EIR analyzed the effects of prescribed burns
on individual sensitive communities found throughout Midpen lands. Prescribed fire has
varied effects on special-status plants and wildlife, depending on the species. The prescribed
burns outlined in the refined PFP would not result in additional or new impacts to sensitive
communities or special-status species than analyzed in the WFRP EIR. MM Biology-1, MM
Biology-2, and MM Biology-2 would be implemented to reduce the impact of the project on
special-status species under the refined PFP to less than significant levels.
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Control lines could increase the presence of invasive species as analyzed in the WFRP EIR. The
increase in width of the control lines could increase the presence of invasive species within and
adjacent to the lines. The types of control lines proposed in the refined PFP are similar to but of
a much smaller scale than the vegetation treatments that were analyzed under the VMP in the
WFRP EIR. The control lines would be rehabilitated after burn events to minimize the spread of
invasive species. As discussed previously, control line decommissioning would generally be
limited to the manual re-distribution of duff and brush back into the previous cleared lines.
Midpen EDRR crews would patrol prescribed burn sites for 1 to 5 years following a burn event
to identify the need for invasive species control or restoration work. The refined PFP would
implement MM Biology-4 to minimize the spread of invasive plant species, and MM Biology-17
which requires survey of prescribed burn areas by a qualified biologist. MM Biology-5 would be
implemented under the MM Biology-5 which specifies the data collection and monitoring
frequency for Midpen’s EDRR program and success criteria. The refined PFP would not result
in dissimilar effects than was analyzed in the WFRP EIR prior to mitigation measures or new or
substantially more severe significant impacts on biological resources than those analyzed in the
WFRP EIR with incorporation of mitigation measures.
3.4 Cultural Resources
The WFRP EIR analysis concluded less than significant impacts with mitigation on cultural
resources. The refined PFP would involve increasing the average acres of Midpen land burned
at individual burns and potentially installing wider control lines. However, the refined PFP
would not change the maximum 500 acres a year of land burned annually that was analyzed in
the WFRP EIR. Impacts on eligible historic resources would remain the same as those analyzed
in the WFRP EIR. Most prescribed burning would not affect cultural resources more than 7
centimeters below the surface as analyzed in the WFRP EIR. The refined PFP would increase the
width of the new control lines from six feet to up to 30 feet. While the control lines would be
wider than those analyzed in the refined PFP, it is estimated that 85 percent of the control lines
needed for a maximum year of burning would utilize existing roads and trails. Only an
estimated 15 percent of the control lines are anticipated to require new installation via mowing,
mastication, or wetting of vegetation. Mowing, mastication, and wetting of vegetation
treatments would not result in ground disturbance that could affect cultural resources. Scraping
treatments for control lines could potentially uncover or discover previously undiscovered
resources. However, scraping would generally remove surface vegetation and not reach depths
below 7 centimeters from the soil surface. Midpen requires staff at each site to receive training
in the recognition of sensitive cultural resources and to halt work in the event of any cultural-
resource discovery until a qualified archaeologist can evaluate the significance of the find (IPMP
BMP 26). The approved mitigation measures (MM Cultural-1 through MM Cultural-2) would
be implemented for the refined PFP to reduce impacts on cultural and historic resources. The
refined PFP would not result in dissimilar effects than was analyzed in the WFRP EIR prior to
mitigation measures or new or substantially more severe significant impacts on cultural and
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historic resources than those analyzed in the WFRP EIR with incorporation of mitigation
measures.
3.5 Geology and Soils
The WFRP EIR analysis concluded less than significant impacts with mitigation on geology and
soils. Prescribed burns would require control lines that could result occasionally in additional
denuded areas that are more prone to erosion and landslide risk. Annual burning in the refined
PFP would average 100 acres, but the maximum number of acres burned annually would be
500, as analyzed in the WFRP EIR. Prescribed burning would result in the removal of vegetation
on the surface, increasing the potential for erosion and soil instability in the burned area. The
types of control lines proposed in the refined PFP are similar to but of a much smaller scale than
the vegetation treatments, specifically fuelbreaks and disclines, that were analyzed under the
VMP in the WFRP EIR. The control lines would be allowed to reestablish after burning and
would not be maintained as cleared areas (in contrast to fuelbreaks). The control lines would be
rehabilitated with native seedbank post-burning in order to minimize erosion and soil
instability. The approved mitigation measures (MM Geology-2 and MM Geology-3) would be
implemented for the refined PFP to reduce impacts from soil erosion or the loss of topsoil. The
refined PFP would not result in new or substantially more severe significant geology and soils
impacts than those analyzed in the WFRP EIR.
3.6 Greenhouse Gas Emissions
The WFRP EIR analysis concluded significant and unavoidable impacts on greenhouse gas
emission (GHG). GHG emissions generated during prescribed burning and pre-treatment
activities could increase under the refined PFP, as described in Section 3.2. GHG emissions
associated with the refined PFP would be generated from equipment and vehicles, emissions
from pile burning, emissions from prescribed burning, and emissions from helicopters as
shown in Table 3-2. Under Scenarios 2 and 3, the total maximum year program emissions and
net emissions are less than the GHG emissions analyzed in the WFRP EIR. Under Scenario 1,
GHG emissions are higher than the emissions analyzed in the WFRP EIR. GHG emissions
would increase by approximately 12 percent under Scenario 1 in comparison to the WFRP EIR,
which would not constitute a substantial increase in the previously analyzed level of significant
and unavoidable impacts.
As discussed in the WFRP EIR, a Smoke Management Plan must be prepared and implemented
for prescribed burns in SFBAAB per BAAQMD’s Regulation 5, and prescribed burns in MBARD
(should a prescribed burn occur in the less than 3 percent of Midpen lands within the MBARD)
must adhere to smoke management requirements in accordance with Rule 438, which would
minimize some GHG emissions due to adhering to seasonal and daily timing restrictions. While
GHG emissions increased under Scenario 1, as shown in Table 3-2, it is expected that wildland
fire on Midpen lands, without the treatments outlined in the refined PFP, would result in even
higher GHG emissions. Studies have shown that implementing prescribed burns reduces GHG
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emissions by 18 to 25 percent in statewide emissions for states in the western U.S. compared to
wildland fires (Wiedinmyer & Hurteau, 2010). Additionally, Midpen would be required to
implement MM Air Quality-2 to reduce emissions associated with a prescribed burn under the
refined PFP. The increase in GHG emissions associated with the refined PFP would be
incrementally greater but would not result in new or substantially more severe impacts on GHG
emissions than those analyzed in the WFRP EIR.
Table 3-2 Annual GHG Emissions Generated During Baseline Conditions and the Maximum Year
Implementation (MTCO2e)
Activity Total Baseline Conditions
Emissions
Total Maximum Year
Program Emissions
Net Emissions
Annual Emissions - Scenario 1 (parenthesis are the values presented in the WFRP Final EIR)
Equipment and Vehicle
Emissions
36.71 566.11
(422.03)
529.40
(385.53)
Pile Burning 0.73 366.92
(366.92)
366.19
(366.19)
Prescribed Burning - 10,453.76
(9,423.10)
10,453.76
(9,423.10)
Helicopter - 25.54
(not included)
25.54
(not included)
Total GHG Emissions 37 11,412
(10,212)
11,375
(10,175)
Annual Emissions- Scenario 2
Equipment and Vehicle
Emissions
36.71 566.11 518.09
Pile Burning 0.73 366.92 366.19
Prescribed Burning - 5,668.48 5,669.48
Helicopter - 25.54 25.54
Total GHG Emissions 37 6,627 6,578
Annual Emissions - Scenario 3
Equipment and Vehicle
Emissions
36.71 566.11 517.32
Pile Burning 0.73 366.92 366.19
Prescribed Burning - 7,498.53 7,498.53
Helicopter - 25.54 25.54
Total GHG Emissions 37 8,457 8,408
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3.7 Hazards and Hazardous Materials
3.7.1 Hazardous Materials
The WFRP EIR analysis concluded less than significant impacts on the environment from
hazardous materials. Prescribed burns and control lines implemented under the refined PFP
would use equipment and vehicles that could result in leaks and spills. As analyzed in the
WFRP EIR, fueling and fuel spills would be handled according to Midpen’s spill-prevention
and handling of hazardous materials BMPs. Three hazardous-materials sites listed under
California Government Code Section 65962.5 remain open on Midpen lands at Sierra Azul OSP,
Miramontes OSP, and Ravenswood OSP. Ground-disturbing activities associated with
prescribed burns and pre-treatment using control lines could place workers at risk from
exposure to contaminated soil and materials. Midpen would be required to implement MM
Hazards-1 to reduce the impact on workers and the environment from existing hazards under
the refined PFP. An increase in the number of prescribed burns, but not the total annual acreage
burned, would not generate sufficient smoke to affect air traffic. As analyzed in the WFRP EIR,
prescribed burning or control line installation could require lane or full-road closures that could
interfere with evacuation routes. Midpen would implement MM Transportation-1, which
requires making provisions for emergency responders to travel through any work area or to
clearly designate alternate routes. Therefore, the refined PFP would not result in new or
substantially more severe impacts on the environment from hazardous materials than those
analyzed in the WFRP EIR.
3.7.2 Wildfire Risk
The WFRP EIR analysis concluded less than significant impacts with mitigation on hazards and
hazardous materials from wildland fire risks. As discussed in the WFRP EIR, prescribed fires
could escape and become wildland fires. Equipment and vehicles used prior to, during, and
after the burn could spark and ignite a wildland fire. The implementation of control lines
provides a natural barrier for prescribed fires. Leading up to a burn day, the refined PFP
identifies guidelines for Midpen outreach including, but not limited to, the installation signage
at the relevant OSP, notifying adjacent neighbors/homeowner’s associations and key
stakeholder, and updating Midpen’s website with burn information. These notification
guidelines are in addition to the mitigation measures adopted in the WFRP EIR. For a burn less
than 50 acres, individuals and jurisdictions within 1 mile of the burn would be notified of the
burn and for burns larger than 50 acres, Midpen would determine the extent of the region that
would be notified of the burn at least two days prior to a burn day per MM Air Quality-2, as
analyzed in the WFRP EIR. Midpen would be required to implement MM Hazards-3 of the
WFRP EIR that requires installation of temporary signage on public roads, if not closed, at
intervals ahead of and adjacent to a prescribed burn. Midpen would be required to implement
MM Hazards-3 and MM Air Quality-2 to reduce the impact of significant risk of loss, injury, or
death involving wildland fires while working under the refined PFP, which would minimize
impacts to less than significant levels.
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The increase in the number of prescribed burns and use of vehicles and equipment could
increase the risk of accidental wildland-fire ignition. As analyzed in the WFRP EIR, Midpen
would be required to implement fuel-spill prevention measures and train workers on fire
prevention and suppression. Additionally, each Burn Plan includes contingency planning in the
event of escape or accidental ignitions. The use of existing or installation of control lines would
serve as a natural barrier for prescribed burns and reduce the risk of a wildland fire from
prescribed burning. The overall purpose of the refined PFP is to reduce wildland fire risks on
Midpen lands using prescribed burns to manage fuels and improve ecosystem health.
Therefore, the refined PFP would not result in new or substantially more severe impacts on
hazards and hazardous materials from wildland fire risks than those analyzed in the WFRP EIR.
3.7.3 Slope Destabilization
The WFRP EIR analysis concluded less than significant impacts with mitigation on hazards and
hazardous materials from slope instability. Prescribed burns and control lines have the potential
to increase slope instability from changing the soil profile. As analyzed in the WFRP EIR,
control lines could result in denuded areas that are more prone to landslides. Control line
treatments include mowing, mastication, scraping, and wetting of vegetation. Mowing,
mastication, and wetting of vegetation treatments for control lines would not result in ground
disturbance that could increase slope instability. Scraping treatments for control lines up to 30
feet in width would only be needed occasionally in shrubland communities, but could expose
the soil surface and could result in slope instability or landslides. Control line treatments would
be temporary and vegetation would regrow. As discussed previously, control lines would be
rehabilitated after burning to revegetate the lines with native seedbank that would reduce the
effects of erosion. Midpen would be required to implement MM Geology-2 and MM Geology-2
to reduce the exposure of people or structures to significant risks to less than significant levels,
including landslides, post-fire slope instability, or drainage changes while working under the
refined PFP. The work under the refined PFP, therefore, would not result in new or
substantially more severe impacts from hazards than those analyzed in the WFRP EIR.
3.8 Hydrology and Water Quality
3.8.1 Drainage Alteration and Erosion
The WFRP EIR analysis concluded less than significant impacts with mitigation on hydrology
and water quality from substantial erosion. Implementation of prescribed burns and control
lines could result in water-quality impacts from increased erosion. Pre-treatment activities to
create or maintain control lines and prescribed burns would involve use of vehicles, heavy
equipment, and pile burning. The increase in the number of annual prescribed burns would
increase the use of vehicles and equipment for pre-treatment activities and prescribed burning,
which could impact water quality from increased erosion. As discussed in the WFRP EIR,
additional water-quality impacts from vehicle access could occur if a spill of fuels or lubricants
were to occur in or near waterbodies or waterways. Midpen would be required to implement
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MM Hydrology-1 and MM Hydrology while working under the refined PFP, which would
reduce impacts to less than significant levels.
Mowing, mastication, and scraping treatments for control line installation are similar to the
vegetation treatments discussed in the WFRP EIR. The technique of wetting the vegetation prior
to prescribed burning would not result in any vegetation removal. Thus, wetting the vegetation
would not result in sedimentation or siltation of waterways. Similar to the previously analyzed
discing, scraping would involve removing the surface layer of vegetation, exposing the soil
surface, which could lead to sedimentation or siltation of nearby waterways and waterbodies.
The approved mitigation measures (MM Geology-2 and MM Geology-3) would be
implemented for the refined PFP to reduce the impacts related to sedimentation of waterways
and waterbodies to less than significant levels.
3.8.2 Groundwater
The WFRP EIR analysis concluded less than significant impacts on hydrology and water quality
from groundwater use. Implementing the changes presented in the refined PFP would not
substantially decrease groundwater supplies or interfere with groundwater recharge. Water for
wetting control lines or fire control during a prescribed burn could be purchased from an
existing source or from existing entitlements held by Midpen, as discussed in the WFRP EIR.
The refined PFP would not result in new or substantially more severe impacts on groundwater
than those analyzed in the WFRP EIR.
3.8.3 Drainage Pattern Alteration
The WFRP EIR analysis concluded less than significant impacts with mitigation on hydrology
and water quality from alteration of the existing drainage pattern. Physical alteration of streams
or rivers would not occur under the refined PFP. Unintentional alteration of streams or rivers
could occur from landslides or debris flows resulting from the installation of control lines and
the increased number of prescribed burns could or from sedimentation as a result of erosion,
which would be a significant impact if alterations were substantial. Implementation of
prescribed burns and control lines could also expose soils and potentially alter drainage
patterns through increased surface runoff. The approved mitigation measures (MM Hydrology-
1 and MM Geology-2) would be implemented to minimize drainage changes that could alter the
existing drainage pattern of the area to less than significant levels. The refined PFP would not
result in new or substantially more severe impacts to water quality than those analyzed in the
WFRP EIR.
3.9 Noise
Noise effects associated with implementation of the programmatic PFP, including pre-
treatment, prescribed burning, and mop up equipment use and activities, were analyzed in the
WFRP EIR. The WFRP EIR determined that impacts from generation of a substantial temporary
or permanent increase in ambient noise levels in excess of noise standards would be less than
significant with mitigation. Since certification of the WFRP EIR, the noise environment has not
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changed from the ambient noise environment identified in the WFRP EIR. Equipment used
during implementation of the refined PFP (i.e., pre-treatment, during burn, mop up after burn)
would not be significantly different than those analyzed in the approved WFRP EIR. Therefore,
the refined PFP would not generate excessive groundborne vibration or groundborne noise
levels. As analyzed in the WFRP EIR, noise generated by equipment used in a prescribed burn
conducted near a residence or sensitive receptor could result in a significant impact. The
approved mitigation measures (MM Noise-1 and MM Hazards-3) would be implemented for
the refined PFP to reduce the impacts related to noise to less than significant levels.
The potential use of a helicopter for aerial ignitions would result in a new source of noise that
was not previously analyzed in the WFRP EIR; however, it is not considered a new impact
because it would generate the same general types of operational noises described under the
WFRP and that occur under current baseline conditions. Light-lift helicopters can result in
estimated noise levels of 90 dBA effective perceived noise and approximately 97 dBA Lmax 100
feet away during takeoff, which is louder than other equipment analyzed in the WFRP EIR
(TRC, 2015; FTA, 2001; Falzarano & Levy, 2007). A helicopter would be closest to the ground
and therefore, the most audible when taking off, landing, or hovering near the ground, which
occurs for a limited duration. Helicopters may use existing helispots that are mapped on
Midpen lands for refueling and in between flights, or could return from where the helicopter
originated. Most helispots on Midpen lands are further away from noise-sensitive receptors.
Helicopters, if used, would be operated to ignite burn units that have dense brush, steep slopes,
or difficult access in the interior of the unit that make it challenging to maintain the safety of
firefighters conducting ignition by hand. Noise generated from helicopters could impact
recreationalists who are considered sensitive receptors in the WFRP EIR. However, trails within
and adjacent to the burn unit, where the helicopter would be utilized, would be closed to
recreationalists prior to and during the prescribed burn. Generally, burn units that meet this
criteria would be further from communities and sensitive receptors than other noise-generating
activities under the WFRP. As such, a helicopter hovering to ignite a prescribed burn would
generally not be located directly adjacent to sensitive receptors.
None of the noise standards identified by the Noise Ordinances for San Mateo County, Santa
Clara County, or Santa Cruz County establish a definitive noise threshold that would apply to
Midpen activities under the Program during daytime hours and helicopter use would not occur
for substantial time periods within proximity of sensitive receptors. Therefore, due to the
limited duration of helicopter use for aerial ignitions that would generally be conducted in
remote areas away from sensitive receptors, the impact would be less than significant. . The
refined PFP would not result in new or substantially more severe impacts from noise than those
analyzed in the WFRP EIR.
3.10 Recreation
The WFRP EIR analysis concluded less than significant impacts with mitigation on recreation.
The refined PFP would increase the average acres of a single prescribed burn from 50 to 100
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acres annually and install new control lines. While the average size of a single burn increased
under the refined PFP, the maximum of up to 500 acres burned annually would remain the
same as the WFRP EIR. The increase in the number of prescribed burns and new control lines
could potentially increase the number of trail and road closures. Approximately 85 percent of
the control lines used annually for a maximum year of burning would utilize existing roads and
trails, which may require road and trail closures and more burns may occur annually than
identified in the programmatic PFP, although the maximum acres of prescribed burning would
remain the same. While the refined PFP may require more trail and road closures than
previously specified, ample recreational opportunities are available across and surrounding
Midpen land that displaced recreationalists could use if discrete areas are unavailable due to
pre-treatment or prescribed burns. Additionally, control lines and prescribed burn activities
would be temporary and for a short duration. As analyzed in the WFRP EIR, recreationalists
could be affected by the disturbance of the fire and presence of equipment as well as by safety
concerns, such as smoke inhalation. The approved mitigation measure MM Hazards-3 would
require trail closure to the public within at least 500 feet of the edges of a prescribed burn and
would reduce any potential impacts to less than significant levels. Implementation of the
refined PFP would not result in a new or substantially more severe significant impacts on
recreation than those analyzed in the WFRP EIR.
3.11 Transportation
The WFRP EIR analysis concluded less than significant impacts with mitigation on
transportation. The refined PFP would increase the average acres of single prescribed burns
from 50 to 100 acres, but the maximum acres of land burned annually would remain 500 acres,
as analyzed in the WFRP EIR. As such, while the refined PFP may require more vehicle trips
associated with workers, the average daily number of worker and truck trips is anticipated to be
similar to those analyzed in the WFRP EIR. The refined PFP would not modify or redesign or
change the use of existing roadways or intersections. As analyzed in the WFRP EIR, prescribed
burns could pose a hazard to motorists or bicyclists from smoke obscuring visibility. The
refined PFP requires public outreach and notification for upcoming prescribed burns. At a
minimum, public outreach prior to a prescribed burn would include information regarding the
location of the burn, the fire agency partner(s) involved, the potential burn window, the
objectives of the burn, and the contact information for the burn coordinator. Public outreach
prior to a burn would allow potential motorists or bicyclists to avoid the burn area, thus
reducing the hazard of smoke obscuring visibility. The approved mitigation measures (MM
Hazards-3) would be implemented for the refined PFP to reduce the impacts related to roadway
users and workers to less than significant levels. Lane and road closures may be required for
prescribed burning activities that could slow or prevent emergency access. The approved
mitigation measure MM Transportation-1 would be implemented for work under the refined
PFP to ensure that emergency vehicles are provided access. The refined PFP would not result in
new or substantially more severe significant impacts on traffic than those analyzed in the WFRP
EIR.
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3.12 Other CEQA Topics
3.12.1 Changes in Land Use that Commit Future Generations
The refined PFP would not result in a change to the zoning or land use designations on Midpen
lands. The refined PFP would not commit future generations to significant changes in land use
as the WFRP is a vegetation management tool and would not result in changes in land use.
3.12.2 Consumption of Non-Renewable Resources
The refined PFP would use vehicles, equipment, and helicopters that would consume energy
including gas, diesel, and power. Vehicle engines and fuel used during implementation of the
project would comply with State and local energy reduction and efficiency requirements.
Implementation of the refined PFP would not significantly increase consumption of energy in
the region or state or result in inefficient energy use and would not include the construction of
new facilities that would require energy. The proposed fuel consumption would, additionally,
be considered beneficial and not wasteful given the positive outcome of the work to reduce
wildland fire risk and establish healthy, resilient, and fire-adapted ecosystems.
3.12.3 Irreversible Damage from Environmental Accidents
The refined PFP would use vehicles and equipment, which could result in the leakage or
spillage of fuels. Midpen would be required to implement fuel-spill prevention measures. As
discussed in the WFRP EIR, workers handling hazardous materials would be required to adhere
to OSHA and Cal/OSHA health and safety requirements. If spills were to occur, they would be
addressed through implementation of Midpen’s spill-prevention BMPs (MO Manual Sections
14.005 and 13.010; Safety Manual Sections 1.6.5 and 1.6.6).
An increase in the number of prescribed burns conducted annually could increase the potential
for accidentally starting a wildland fire if the burns were to become uncontrolled. Prescribed
burns are planned for and conducted under optimal weather conditions (e.g., cool
temperatures, high humidity, low wind) to ensure fire fighters can maintain control. Midpen
would prepare a Burn Plan that would limit the potential for escape of a prescribed fire, as
discussed in the WFRP EIR. Burn units are discrete units of land that will be treated under a
single prescribed Burn Plan. Burn Plans are prepared by a qualified burn plan preparer, who is
either a qualified prescribed fire Burn Boss or competent trainee. As discussed in the refined
PFP, the unit-level Burn Plan would describe burn unit safety, including potential hazards and
mitigations. Burn Plans may incorporate additional unit-level BMPs, including BMPs to ensure
the control of the burn. Contingency planning for excessive smoke production and a wildfire
declaration element are a part of every Burn Plan, which describes how the Burn Boss and
staffing resources will regain control of the fire should it move outside of established control
lines. Midpen would also be required to implement MM Hazards-3 to reduce the impact of
prescribed burns on recreationalists and structures to less than significant levels.
Implementation of the refined PFP would not result in a new potential for irreversible damage
as a result of an environmental accident.
EXHIBIT A
3 EVALUATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
3-17
3.12.4 Growth-Inducing Impacts
Implementation of the refined PFP would involve burning up to 500 acres annually and would
require the installation of new control lines, which could require a greater number of workers.
Since control line estimates are available in the refined PFP, additional workers may be needed
for control lines or larger burns. However, any additional workforce for this type of activity
would not be substantial so as to induce population growth. The workers would be sourced
from the existing and project populations in San Mateo County, Santa Clara County, and Santa
Cruz County. The refined PFP aims to reduce fuel loads and fire risk that could impact nearby
communities, but would not change development patterns or policies, or result in any land use
changes that could result in direct or indirect impacts on population growth, same as analyzed
in the WFRP EIR.
EXHIBIT A
4 DETERMINATION
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
4-1
4 Determination
No new or substantially more severe significant impacts would occur as a result of the refined
PFP. No new substantial changes would occur with respect to the circumstances under which
the refined PFP would be undertaken. The mitigation measures and determination of
significance for impacts included in the adopted WFRP EIR would continue to be valid. None of
the conditions described in CEQA Guidelines Section 15162 requiring the preparation of a
subsequent EIR or CEQA Guidelines Section 15163 requiring preparation of a supplemental EIR
have occurred. This addendum to the adopted WFRP EIR is the appropriate level of
environmental review for the project revisions, as identified in CEQA Guidelines Section 15164.
EXHIBIT A
5 REFERENCES
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
5-1
5 References
Falzarano, S., & Levy, L. (2007, October 29). Sound levels of helicopters used for administrative
purposes at Grand Canyon National Park. Overflights and Natural Soundscape
Program.
FTA. (2001). AC No. 36-1H Noise Levels for U.S. Certificated and Foreign Aircraft, Appendix.
Midpen. (2021, May). Wildland Fire Resiliency Program.
Midpen. (2021, April). Wildland Fire Resiliency Program Final Environmental Impact Report.
SCH # 2020049059.
TRC. (2015, December). Proponent's Environmental Assessment, Fulton-Fitch Mountain
Reconductoring Project.
Wiedinmyer, C., & Hurteau, M. D. (2010). Prescribed Fire AS a Means of Reducing Forest
Carbon Emissions in the Western United States. Environmental Science and Technology.
Zouhar, K., Smith, J. K., & Sutherland, S. (2008). Effects of fire on nonnative invasive plants and
invasibility of wildland ecosystems. Rocky Mountain Research Station.
EXHIBIT A
Addendum to the Wildland Fire Resiliency Program Environmental Impact Report ● November 2022
APPENDIX A MITIGATION, MONITORING, AND REPORTING
PROGRAM
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
1
Mitigation, Monitoring, and Reporting Program
Introduction
When approving projects with mitigation measures that if implemented would avoid or lessen
significant impacts, CEQA requires public agencies to adopt monitoring and reporting
programs or conditions of project approval to mitigate or avoid the identified significant effects
(Public Resources Code Section 21081.6(a)(1)). A public agency adopting measures to mitigate
or avoid the significant impacts of a proposed project is required to ensure that the measures
are fully enforceable through permit conditions, agreements, or other means (Public Resources
Code Section 21081.6(b)). The mitigation measures required by a public agency to reduce or
avoid significant project impacts not incorporated into the design may be made conditions of
project approval as set forth in a Mitigation Monitoring and Reporting Program (MMRP). The
MMRP must be designed to ensure project compliance with mitigation measures during project
implementation. The MMRP for the Program is detailed in Table 1.
Midpen will use the Project Environmental Review Checklist, provided in Appendix A of this
Final EIR, to evaluate if impacts of individual projects are covered in the Program EIR and to
identify best management practices and mitigation measures that are applicable to those
individual projects. Individual projects that do not conform to the scope of the Program EIR
may require additional environmental analyses under CEQA.
Format
This MMRP is organized in a table format, keyed to each significant impact and mitigation
measure. Each mitigation measure is set out in full, followed by a tabular summary of
monitoring requirements. The column headings in the tables are defined as follows:
•Mitigation Measure. This column presents the significant impact and full
mitigation measure.
•Implementation Responsibility. This column assigns the party responsible for
implementation of the measures
•Monitoring Responsibility. This column assigns the party responsible for
monitoring implementation.
•Timing and Performance Standards: This column identifies at which stage of the
project mitigation must be completed. Performance standards are identified that
must occur during the specified stage of project implementation to determine that
the objectives of the mitigation are met.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
2
Enforcement
This MMRP will be incorporated as a condition of project approval. All mitigation measures
must be carried out to fulfill the requirements of approval.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
3
Table 1 Wildland Fire Resiliency Program Mitigation, Monitoring, and Reporting Program
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Aesthetics
MM Aesthetics-1: Reduction of Visual Impacts from Scenic Roads, Corridors, Trails, and Viewpoints from VMAs
•Midpen shall conduct a visual reconnaissance of any planned VMAs during the annual planning process, prior to implementation of the
VMA. The reconnaissance shall only apply to VMAs, based on desktop review, that could have the potential to be visible from a
designated scenic road, corridor, trail, or viewpoint.
•If Midpen identifies that a VMA would fall within an area with lengthy views from a scenic road, corridor, trail, or viewpoint (i.e., longer
than a few minutes) of a proposed treatment area, and would degrade the view by changing the existing character or opening up a less
scenic view, Midpen will, before implementation, identify any change in location or design (such as avoid areas or reduce degree of
thinning) of the VMA to reduce impacts to scenic areas and public views.
•If no changes are available that would reduce impacts to public viewers and that could achieve the intended wildland fire risk reduction
objectives of the proposed treatment, Midpen will thin and feather adjacent vegetation to break up the linear edges of treatment areas
and strategically preserve vegetation at the edge of the treatment area to help screen public views and minimize the contrast between
the treatment area and surrounding vegetation.
Midpen and/or
Contractor
Midpen Throughout Midpen
lands.
Before Activity: Conduct desktop
review to determine visibility of
VMAs, conduct visual
reconnaissance where
appropriate to avoid scenic
viewpoints, where feasible.
Modify design and locations,
where possible.
During Activity: N/A
After Activity: N/A
MM Aesthetics-2: Guidelines for Design of Roads, Landing Zones, or Staging Areas
New roads, landing zones, and staging areas (firefighting infrastructure) shall be designed in accordance with the following guidelines, as
feasible:
•Locate new firefighting infrastructure away from ridgelines.
•Maximize natural conditions of the area surrounding infrastructure (e.g., mowed grass cover versus hardened surface).
•Minimize recontouring of hills and natural topography.
•Minimize hillside cuts that run against the contours; follow contours to the greatest extent possible.
•Avoid large rocks and mature, healthy trees.
Midpen and/or
Contractor
Midpen Throughout Midpen
lands.
Before Activity: Design
firefighting infrastructure to meet
the guidelines.
During Activity: N/A
After Activity: N/A
Air Quality
MM Air Quality-1: Fugitive Dust Control Measures for Infrastructure Installation
At a minimum, the following control measures must be implemented during construction:
•When moisture content is low enough to create dust, all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered or treated with a non-synthetic dust palliative (e.g., organic nonpetroleum products) as
often as needed to control dust emissions.
•All haul trucks transporting soil, sand, or other loose material off site shall be covered.
•Vehicle ingress and egress locations shall be stabilized to minimize erosion and sediment transfer.
•For Program activities involving grading or excavation conducted directly off public roads, all visible mud or dirt track-out onto adjacent
public roads shall be removed. The use of dry power sweeping is prohibited on public roads.
•All vehicle speeds on unpaved roads shall be limited to 15 mph, in accordance with Midpen policy (LU Regulations Section 500.1; MO
Manual 07.005).
•All roadway, driveway, and sidewalk paving shall be completed as soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
•A publicly visible sign shall be posted with the telephone number and person to contact at Midpen regarding dust complaints. Midpen
shall respond and take corrective action within 48 hours. The applicable air district’s (e.g., BAAQMD or MBARD) phone number shall also
be visible to ensure compliance with applicable regulations.
•Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as
required by the California airborne toxics control measure Title 13, § 2485 of CCR). Clear signage shall be provided for construction
workers at all access points.
Contractor Midpen Areas with grading
or blading.
Before Activity: Post a publicly
visible sign with contact
information for the public to make
dust complaints.
During Activity: (1) Water
exposed surfaces twice a day, (2)
cover filled haul trucks, (3)
adequately manage soil track-
out, (4) limit vehicle speeds, (5)
limit idling to 5 consecutive
minutes, and (6) have
construction equipment
maintained by a certified
mechanic.
After Activity: N/A
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
4
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
•Construction equipment shall be properly maintained by a certified mechanic.
MM Air Quality-2: Burn Emission Reduction Techniques
For activities within a small portion of Long Ridge OSP and a very small portion of Sierra Azul OSP that falls within the NCCAB, Midpen shall
limit pile burning to 8.8 tons (i.e., not more than nine 10-foot-wide by six-foot-high parabolic piles of shrub/hardwood vegetation or
equivalent) in any one day.
Midpen shall incorporate the following measures during planning and implementation of a prescribed burn:
•When considering a prescribed burn, weigh the habitat benefits of burning in a particular vegetation type against the emissions.
•Reduce the total area burned through mosaic burning if the objectives of the burn can still be met.
•Burn when fuels have appropriate fuel moisture content, as determined by the expert preparing the Smoke Management Plan.
•Reduce fuel loading by decreasing the density of vegetation and other fuels before ignition using mechanical treatments, manual
treatments, prescribed herbivory, and pile burning when logistically appropriate.
•Schedule burns before new vegetation growth increases fuel loads, when logistically appropriate.
•Delay planned burns when a Spare the Air Burn Ban has been declared.
•Provide public notification at least 48 hours in advance of a burn less than 50 acres to individuals and jurisdictions within one mile, and at
trailheads and access roads leading to an area with piles proposed for burning. For burns in excess of 50 acres, noticing shall extend to a
larger region as determined appropriate by Midpen. The public notification shall include current contact numbers to the appropriate burn
coordinator.
Midpen Midpen Prescribed burn
projects in the
NCCAB and
SFBAAB; Pile
burning in NCCAB.
Before Activity: (1) Choose
vegetation types with fewer
emissions when other
considerations are equal, (2)
reduce the fuel loads, (3)
schedule burn prior to new
vegetation growth, and (4)
conduct noticing.
During Activity: (1) Mosaic burn,
(2) burn when fuels have
appropriate moisture content,
and (3) limit pile burns conducted
in any one day in NCCAB.
After Activity: N/A
MM Air Quality-3: Asbestos Management
Prior to conducting any activities requiring manual soil-disturbing activities (e.g., pulling of vegetation or trenching), use of mechanical
equipment (e.g., skid steer loader or backhoe), or off-road access to a work site, consult the map created using GIS that shows where
serpentine soils and rock formations are located. If the work site or temporary access route passes through an area with serpentine soils
or rock formations, implement the asbestos-management measures (below), developed based on CARB Asbestos Airborne Toxic Control
Measures developed for construction and grading operations.
Asbestos Management Measures:
•Areas known to have asbestos shall be watered during ground-disturbing activities (e.g., pulling of medium-to-large vegetation, digging
large holes for planting) to ensure that the soil remains moist during the extent of the activity.
•Avoid or minimize the tracking of dust into vehicles.
•Do not use compressed air for cleaning your vehicles after your visit. Use a wet rag to clean the interior.
•All vehicle speeds on unpaved roads shall be limited to 15 mph, in accordance with Midpen policy (LU Regulations Section 500.1; MO
Manual 07.005).
•When mowing in serpentine soils, the mower head shall be set at least 6 inches above the ground to minimize asbestos dust generation.
If when mowing, dust is seen from the mower pluming more than 4 feet above the ground surface, the mower shall be adjusted to the
minimum height needed to avoid generating dust plumes.
Midpen and/or
Contractor
Midpen Areas with
serpentine soils or
rock formations
where activities
could occur.
Before Activity: Water areas with
serpentine soils or exposed rock
formations.
During Activity: (1) Water
exposed surfaces twice a day, (2)
limit vehicle speeds, and (3) raise
mower head to minimize dust.
After Activity: N/A
MM Air Quality-4: Midpen Employee Protection from Prescribed Burn Air Pollutants
Midpen shall require that prescribed burns on Midpen lands are managed to reduce Midpen employee exposure to CO concentrations and
other air pollutants through implementation of the following measures:
•Use real-time CO monitors.
•Train workers to be aware of smoke hazards associated with prescribed and pile burns.
•Rotate personnel out of heavy smoke areas and routinely monitor for smoke exposure during burn events.
•Avoid burning heavy fuel loads, such as large logs, on the ground to avoid additional mop up.
•Strategically place firefighters and fire lines where smoke exposure is less.
•N95 or N100 dust masks, or bandanna shall be available for voluntary use and must be used when recommended by the Burn Boss.
Midpen Prescribed burn
locations.
Before Activity: Purchase real
time CO monitors.
During Activity: (1) Provide real-
time CO monitors to firefighters,
(2)rotate firefighters out of heavy
smoke areas, and (3) avoid
burning of areas with heavy fuel
loads.
After Activity: N/A
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
5
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Biological Resources
MM Biology-1: Training, Monitoring, and Reporting
Monitoring
•The biological monitor(s) or qualified biologist(s) shall have the authority to stop Program activities to avoid take or impacts to special-
status species or protected biological resources; in the event of unforeseen circumstances (e.g., unanticipated impacts are occurring);
or if Program personnel are not complying with regulatory permit conditions and the BMPs listed herein. The biological monitor or
qualified biologist shall possess the necessary agency approvals or permits required for involvement in Program activities.
-A biological monitor is an individual who has a minimum of 2 years academic and 1 year professional experience in biological
sciences and related resource management activities, is able to identify species that may be present within the work area, and is
familiar with the habits and behavior of those species.
-A qualified biologist/botanist is an individual who has a minimum of a 4-year academic degree in biological sciences or related
resource management activities, with a minimum of two survey seasons years (e.g., two seasons during the blooming season of
sensitive plants) conducting surveys for each species that may be present within the work area.
-A professional biologist/botanist is an individual who has a minimum of 5 years of academic training in biological sciences or related
studies and 3 or more years of professional experience conducting protocol-level wildlife and/or florist field surveys.
-A Midpen-approved biologist/botanist is an outside consultant who has been approved by Midpen either by a professional
biologist/botanist, Resource Advisor or other appropriate individual, to conduct biological monitoring and surveying activities. This
individual can be any one of the three categories of biologist/botanist described above.
-A Resource Advisor is an individual who provides professional knowledge and expertise for the protection of resources (e.g., biological
and cultural resources), within an emergency incident environment.
•The qualified biologist or biological monitor shall conduct on-site monitoring of Program activities that have the potential to impact
sensitive biological resources. The monitoring requirements (e.g., frequency and duration) shall depend on the specific activity(ies) being
performed and the ecological sensitivity of the site (e.g., the potential for soil erosion or occurrence of special-status wildlife). Some
activities shall warrant full-time monitoring by one or more biologists and/or biological monitors; whereas weekly site inspections may be
sufficient for other activities. At a minimum, monitoring shall be conducted frequently enough to ensure compliance with permit
conditions and BMPs. The monitor shall maintain a log that documents: (a) the monitoring dates, (b) areas and activities monitored, (c)
compliance with permit conditions and BMPs, (d) any remedial actions that were taken (or are needed).
•Post-activity monitoring shall also occur, with the scope and timing dependent on the potential for risks to biological resources. The
purpose of monitoring is to ensure that special-status plant species and sensitive communities were avoided and are not experiencing
negative indirect impacts from activities. If negative impacts are observed or are potentially occurring, restoration measures shall be
implemented, and modifications made to future activities to avoid similar impacts.
Pre-Activity General Survey and Flagging
A qualified biologist or biological monitor working under a qualified biologist shall survey all selected work areas shortly before work to
assess general conditions and determine environmental considerations as required by IPMP BMPs 21 and 25. Prior to Program activities,
the biologist or biological monitor shall use flagging (or other methods) to clearly delineate the work area and any areas that shall be
avoided (e.g., sensitive communities, habitat for special-status species).
Reporting
Information on new localities or sightings for special-status species shall be reported to the Sacramento USFWS Office and the California
Natural Diversity Database (CNDDB) annually. Information on any incidental capture, injury, or mortality of special-status species shall be
immediately reported within 3 working days of their discovery or in accordance with the federal and State permit conditions. The data shall
also be logged in Midpen’s electronic inventory system identified in IPMP BMP 25.
Training
•Prior to commencing a Program activity, all personnel shall attend a worker environmental awareness training program conducted or
prepared by the qualified biologist or biological monitor working under a Midpen-approved biologist as required by IPMP BMP 21.
Midpen and
Contractor
Midpen All Midpen lands. Before Activity: (1) Survey all
selected work areas and (2)
conduct worker environmental
awareness training program.
During Activity: (1) Conduct on-
site monitoring, (2) report
information on any incidental
capture, injury, or mortality of
special-status species, (3)
temporarily stop any work that
may harm special-status species,
and (4) inspect vehicles,
equipment, and fencing daily.
After Activity: Conduct post-
activity monitoring.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
6
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
•The worker environmental awareness training will include a brief review of the life history, field identification, and habitat requirements
of each special-status species that could potentially be present on-site, their known or probable habitat types and locations, potential
fines for violations, avoidance measures, and necessary actions if special-status species or sensitive natural communities are
encountered, as required by IPMP BMP 21. In addition, the training shall include information on:
-All BMPs, regulatory permit conditions, exclusion areas, and other work restrictions.
-Color coding for flagging used to demarcate work areas, staging areas, skid trails, watercourses, and exclusion zones (e.g., around
special-status plants and other sensitive biological resources).
-The identification and reproductive biology of invasive plants and animals.
-Phytopthora ramorum and other pathogen avoidance.
General Wildlife Protection Measures
•Vehicles traveling to and from the work areas off of established roads and trails, in sensitive plant or wildlife habitat, must travel slowly (5
mph) and be preceded by a monitor to ensure that wildlife shall not be run over by the passing vehicle. Vehicle monitors do not need to
be trained biologists.
•Vehicle monitors shall check for any reptiles, amphibians, or other animals under vehicles and equipment parked for more than 30
minutes.
•Some individual live, dead, or dying trees shall be retained as snags where recommended by the qualified biologist and biological monitor
and where leaving the tree would not increase fire hazards or be a safety concern.
•Qualified biologists/biological monitors are required to temporarily stop any work that they believe may harm special-status species.
Work shall not resume until a satisfactory method is agreed upon to minimize or avoid take of the species.
•Qualified biologists/biological monitors may require staging areas or stockpiled equipment/materials to be fenced with USFWS and/or
CDFW-approved exclusion fencing if there is potential for special-status species to enter the areas and become entrapped, and routine
inspection of the area is not adequate to ensure that species are not present. Fencing shall be inspected by a qualified
biologist/biological monitor and maintained daily as needed to ensure its proper function in excluding wildlife. Large-scale fencing
around entire vegetation management areas is discouraged due to the habitat disruption associated with fence installation and removal.
MM Biology-2: Special-Status Plants
Pre-Activity Special-Status Plant Survey
As required by IPMP BMP 25, a biological monitor or qualified biologist shall survey the work site to determine the potential presence of
special-status plants (as defined under Section 4.4.2 in the Program EIR) and document any observations. Surveys shall be conducted at
the time of year when plants will be both evident and identifiable and using a standard protocol relevant at the time of the survey, such as
the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW,
2018). The abundance and spatial distribution of all special-status plants and sensitive natural communities detected during the surveys
shall be recorded with a GPS unit and entered online into the CalFlora and Midpen’s GIS databases. This information shall also be
submitted to the CNDDB, per MM Biology-1. If any special-status plants are found to occur in the activity footprint, the biologist/botanist
shall evaluate the potential level of impacts the activity could have on the plant species, either an individual or population, based on its
biology and the nature of the activity (no impact, low impact, or moderate/high impact). Activities with no or low impact can proceed. If an
activity could have a moderate or high impact (e.g., anticipated mortality) Midpen shall consult with CDFW and the appropriate avoidance
or minimization measures would be implemented, depending on the species’ rank, physiology, and habitat requirements, as described
below.
Species to Avoid (Unless Population Could Benefit from Program Activity, such as Prescribed Burning)
Program activities shall avoid impacts to State or federally listed plants that are known to occur or have the potential to occur on Midpen
lands:
•Ben Lomond spineflower •San Francisco popcornflower
•Butano Ridge cypress •San Mateo thorn-mint
•California seablite •San Mateo woolly sunflower
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Any area where
Program activities
occur near special-
status plant species.
Before Activity: Survey the work
site to determine the potential
presence of special status plants
and document and report
accordingly.
During Activity: (1) Avoid impacts
to State or federally listed plants,
(2) implement botanist’s
recommendations for spatial
buffers or other management
actions, and (3) implement
general avoidance and
minimization measures.
After Activity: Attempt to salvage
any special-status plants that are
permanently impacted by a
Program activity.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
7
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
•Coyote ceanothus •Santa Clara Valley dudleya
•Crystal Springs fountain thistle •Santa Cruz cypress
•Dudley’s lousewort •Santa Cruz tarplant
•Marin western flax •Santa Cruz wallflower
•Metcalf Canyon jewelflower •Scotts Valley polygonum
•Monterey spineflower •Scotts Valley spineflower
•Pacific Grove clover •Two-fork clover
•Robust spineflower •White-rayed pentachaeta
•Rock sanicle
In addition, Program activities shall avoid impacts to the following species that (a) have very specific habitat requirements that are hard to
replicate at a mitigation site; (b) are difficult to transplant or propagate; or (c) have insufficient data on the ability to successfully transplant,
relocate, or reintroduce the taxa:
•Anderson’s manzanita •Loma Prieta hoita
•Kings Mountain manzanita •Arcuate bush-mallow
•Clustered lady’s-slipper •Most beautiful jewelflower
•Mountain lady’s-slipper
Activities that could have a moderate or high impact on these species shall not occur within an appropriate buffer (as determined by a
qualified biologist/botanist or biological monitor working under a qualified biologist) of any individuals or populations identified. Disclines or
firefighting infrastructure shall be relocated to avoid any populations of these species.
Prescribed herbivory and prescribed burning shall be allowed in the habitats for these species if, in the professional opinion of a qualified
biologist/botanist or biological monitor working under a qualified biologist, the activity shall provide a long-term benefit to the plant (e.g., by
eliminating non-native plants).
Minimization of Impacts for All Other Special-Status Species
Midpen shall implement the following approach for all other special-status plant species that have been detected, or that are detected in
the Program area during the pre-activity surveys conducted per MM Biology-1 (adding specificity to IPMP BMP 21, which requires
developing site-specific measures):
•A qualified biologist/botanist or biological monitor working under a qualified biologist shall recommend spatial buffers or other
management actions. The buffer size needed to protect a special-status plant from adverse edge effects (indirect impacts) is dependent
on the specific species, threats to the species, existing disturbances, and the habitat’s permeability to those threats (CBI 2000). Midpen
shall implement the botanist’s recommendations. Impacts to a special-status plant shall only occur if it is the botanist’s professional
opinion that the impact shall provide a long-term benefit to the plant (e.g., by eliminating non-native plants or another threat to the
species). If Midpen is unable to implement the botanist’s recommendations, or if there is uncertainty regarding the effects of a Program
activity on the special-status plant population, Midpen shall assess subsequent effects on the plant population through post-activity
monitoring. If the monitoring indicates the Program activity has negatively impacted the plant population, the compensatory mitigation
terms of MM Biology-3 shall apply. If the monitoring indicates the effects were positive or neutral, no additional mitigation is required.
•If Program activities are proposed to be conducted in habitat for a special-status plant, the activities shall be conducted during the
phenological stage least sensitive to disturbance, based on guidance from the botanist.
•If Program activities are proposed to be conducted in habitat for a special-status plant, and the work must be conducted when the plant
is sensitive to disturbance (e.g., during the growing season), Midpen shall assume the plant could be permanently impacted and shall
either:
-1a. Monitor the response of the plant post-construction. If the study indicates the Program activity has negatively impacted the plant
population, the terms of MM Biology-3 shall apply.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
-1b. Attempt to salvage any special-status plants that are permanently impacted by a Program activity (e.g., plants within a proposed
discline). Salvaged plants (and seeds) shall be used for the compensatory mitigation required under MM Biology-3, and comply with
best management measures intended to exclude Phytophthora and other plant pathogens to the extent possible. Any supplemental
plants (or seeds) needed for a mitigation project, site rehabilitation, or other application shall be derived from locally appropriate
genetic material and nurseries that comply with best management measures intended to exclude Phytophthora and other plant
pathogens to the extent possible; or
-2. Provide compensatory mitigation in accordance with the terms of MM Biology-3.
General Minimization and Avoidance Measures
Burn piles shall not be located within 50 feet of a special-status plant except those species that a qualified biologist/botanist or biological
monitor working under a qualified biologist determines shall benefit from burning (e.g., Kings Mountain manzanita). Propane flaming shall
not be conducted within the vicinity of special-status plants that could be accidentally damaged by the flaming activities. Vegetative debris
shall not be placed on top of special-status plants, unless the biologist/botanist determines this is acceptable.
MM Biology-3: Compensatory Mitigation for Impacts to Special-Status Plants
Midpen shall provide compensatory mitigation for any special-status plant population that is permanently and negatively impacted by
Program activities (i.e., could not be avoided or benefited through activities and subsequent monitoring determines an adverse effect to the
population where a decline in the population is attributable to the Program activities, per MM Biology-2). Compensatory mitigation may be
accomplished through habitat preservation, creation, restoration, or enhancement as determined appropriate by Midpen’s qualified
biologist/botanist or biological monitor working under a qualified biologist, in consultation with CDFW. All compensatory mitigation projects
shall include a mitigation plan outlining the strategy, and the plan must be approved by CDFW, including identification of the success
thresholds established depending on the population and site conditions.
The compensation ratio for planting shall be no less than 3:1 (plants at mitigation site/plants at impact site). Under some circumstances a
higher ratio may be needed, which shall be determined by Midpen’s qualified biologist/botanist or biological monitor working under a
qualified biologist, in consultation with CDFW.
If habitat enhancement is selected, the compensation ratio shall be no less than 6:1. If possible, compensatory mitigation shall occur on
lands under Midpen’s control. Mitigation sites on Midpen land shall include provisions for protecting them from impacts caused by other
projects or programs (existing and future). Compensatory mitigation shall not be allowed on lands outside of Midpen’s control unless those
lands have a legally enforceable mechanism that ensures they shall be protected and managed in perpetuity for the benefit of the target
species (i.e., special-status plant requiring mitigation). Midpen shall hold responsibility for the success of mitigation projects conducted on
lands outside of its control, unless mitigation is accomplished through an approved program (i.e., mitigation bank or in-lieu fee program).
Midpen shall apply the monitoring methods outlined in the Monitoring Plan of the Program to monitor the success of compensatory
mitigation projects. To account for natural variability in the size of plant populations, Midpen shall also monitor a nearby reference
population. Midpen shall prepare annual monitoring reports that document the monitoring methods and results. Monitoring reports shall be
submitted to CDFW. Monitoring of compensatory planting shall be conducted for at least 5 years. If after 3 years, monitoring has
determined that the planting success standards are met, the report shall make this determination and monitoring may cease. Monitoring of
compensatory habitat enhancement shall be conducted for at least 1 year, after which time if the success standards are met, no further
monitoring is required.
A mitigation project shall be considered successful if during the monitoring period, the qualified botanist or biological monitor working
under a qualified biologist, determines the success threshold has been achieved. The success threshold may be adjusted downward
commensurate with any decline observed at the reference population. For example, if a special-status species is detected in a planned
work area, and Midpen is unable to reconfigure the treatment or treatment method to avoid impacts to the species, Midpen shall count the
number of plants in the work area and at a nearby reference population. The compensation requirement shall be based on the number of
plants impacted by the treatment, whereas the number of plants at the reference site shall serve as the baseline for evaluating natural
fluctuations in the population. For example, if 100 plants of a given special-status species are located in the work area, the compensation
requirement is 300 plants. However, if during the final 2 years of mitigation monitoring the reference population has 20 percent less plants
than the baseline value, the threshold for success at the mitigation site shall also be 20 percent less (240 plants, assuming the success
threshold was set to 300 plants).
Midpen Midpen Any area where
Program activities
permanently affect
any special-status
plant population.
Before Activity: Determine
appropriate compensation ratio.
During Activity: Select habitat
preservation, creation,
restoration, or enhancement for
compensatory mitigation project.
After Activity: Monitor the
success of compensatory
mitigation projects for no less
than 5 years.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
To facilitate the likelihood of success, Midpen shall:
•Ensure materials used for plant establishment (e.g., seed sources, container plantings) are sourced from genetically appropriate material
and comply with best management measures intended to exclude Phytophthora and other plant pathogens to the extent possible.
Container plants shall only be sourced from a nursery that complies with best management measures intended to exclude
Phytophthora and other plant pathogens to the extent possible.
•Maintain less than 10 percent cover of invasive plants at the mitigation site until the target species has successfully established.
Thereafter, Midpen shall conduct invasive plant removal on an as-needed basis.
•Implement measures (e.g., close restoration areas, install signage) to restrict public access within mitigation zones, at least until the
target species has successfully established.
•Conduct visual inspections of the mitigation site to identify any major problems (e.g., unauthorized trespass) requiring remedial actions.
The frequency of visual inspections shall be commensurate with threats to the ecological integrity of the site. The site shall be inspected
annually until the success criteria of the permitting agencies (e.g., CDFW) are met, after which the site shall be monitored in accordance
with Midpen’s Monitoring Plan for the WFRP.
MM Biology-4: Invasive Plants and Soil Pathogens
General Invasive Plant Measures
In addition to Midpen’s standard invasive species practices under the IPMP (i.e., IPMP BMPs 11 through 18), Midpen shall implement the
following invasive plant measures:
•Data on populations of invasive weed species in the work area and along access roads shall be collected and reviewed prior to
implementation of the Program activity. Data shall include the distribution, abundance, and seral stage of invasive weed species. Pre-
activity general surveys conducted according to MM Biology-1 shall be designed to detect all weeds on the CDFA noxious weed list, and
Cal-IPC species with a rank of High and Moderate.
•Invasive weed species that occur within or immediately adjacent to the boundaries of proposed treatment areas shall be removed prior
to the treatment—unless the treatment has been specifically designed to control or eliminate those species. For example, yellow star
thistle removal shall not be required for a grazing treatment designed to control yellow star thistle. Midpen shall identify the appropriate
disposal location for weeds that are removed. In determining the disposal location, Midpen shall assess the potential for spread of plant
pathogens that might be present.
•Schedule activities to maximize the effectiveness of control efforts and minimize introduction and spread of invasive plants (e.g., install
and maintain fuelbreaks, disclines, and other VMAs before non-native plants set seeds).
•Implement vegetation methods favorable to native plants.
Prescribed Fire and Planning Invasive Plant Measures
•A qualified biologist/botanist or biological monitor working under a qualified biologist shall evaluate the likely effects of a prescribed burn
on invasive species in the proposed burn area based on the species that are known to occur in the area or that are found during the pre-
activity survey (MM Biology-1). If the burn might promote spread of an invasive species, Midpen shall implement measures (e.g., manual
treatments) to proactively reduce the threat or invasive species spread following the burn.
•A qualified biologist/botanist or biological monitor working under a qualified biologist shall assess the effects of the burn to determine
whether revegetation is needed in any areas to speed recovery of the desired plant community.
•A qualified biologist/botanist or biological monitor working under a qualified biologist shall monitor vegetation recruitment on control
lines. If vegetation recruitment is not on a trajectory for restoration of the impacted community, Midpen shall implement remedial
measures such as planting or seeding.
•An interdisciplinary team shall determine when activities (including conservation grazing and public access) may resume in burned
areas. The team shall include natural resource staff knowledgeable about invasive plants.
General SOD and Soil Phytopthoras Measures
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen All Midpen lands. Before Activity: (1) Collect data
on populations of invasive weed
species in the work area and
along access roads and, (2)
evaluate the likely effects of a
prescribed burn on invasive
species in the proposed burn
area.
During Activity: (1) Remove
invasive weed species that occur
within or immediately adjacent to
the boundaries of proposed
treatment areas, (2) clean
vehicles, equipment, and boots
prior to entering the work area,
(3)assess the effects of a
prescribed burn to determine
whether revegetation is needed
in any areas to speed recovery of
the desired plant community, (4) if
a prescribed burn might promote
spread of an invasive species,
implement measures to
proactively reduce the threat that
the plant shall spread following
the burn, and (5) implement the
BMPs recommended by the
California Oak Mortality Task
Force and the Phytophthoras in
Native Plant Habitats Work
Group.
After Activity: Monitor vegetation
recruitment on disturbance lines
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
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Responsibility
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Timing and Performance
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Midpen shall implement the latest BMPs recommended by the California Oak Mortality Task Force (2020) and the Phytophthoras in Native
Plant Habitats Work Group, as determined appropriate by the qualified biologist/botanist or biological monitor working under a qualified
biologist.
for adequate restoration of the
impacted community, if
applicable.
MM Biology-5: Invasive Plant Detection and Response
Early Detection and Rapid Response
Midpen shall conduct routine monitoring of work areas (e.g., VMAs, prescribed burn areas) in accordance with the Early Detection Rapid
Response (EDRR) Protocol and the IPMP (generally every 3 to 5 years). If invasive or potentially invasive species are detected, Midpen
shall conduct rapid response dependent upon the circumstances and according to the EDRR Protocol.
Baseline Data and Reference Sites
A Midpen-approved biologist/botanist shall select a reference site for each sensitive natural community affected by the Program. The
reference site shall be on Midpen lands that are not directly or indirectly affected by Program activities. Prior to Program impacts in an
area, an initial assessment shall be conducted to select a reference site that possess characteristics similar to the impact sites. If a
suitable reference site does not exist and when feasible, Midpen shall collect 3 years of vegetation sampling data at the proposed impact
site. Quadrat sampling shall occur for up to 5 years at a reference site, if located. This pre-impact or reference site data shall serve as the
baseline for comparison with post-impact data.
Sampling shall be conducted within quadrats at both the impacted site and reference sites. Quadrat sizes vary depending upon habitat type
and shall be determined by the qualified botanist or biological monitor working under a qualified biologist, but typical sizes are 0.5 to 1
square meter for short grassland, 2 square meters for shrublands, and up to 20 square meters for woodlands. The qualified botanist or
biological monitor working under a qualified biologist shall conduct power analysis to estimate the minimum number of quadrats needed to
determine a statistically significant difference between the impact site and reference sites (at a significance level of 0.05 and a power level
of 0.80). Quadrat sampling locations shall be randomly selected through use of a random number generator in GIS. Within each quadrat,
absolute cover of plants shall be visually estimated and recorded for the quadrat as a whole and for each individual plant species using the
California Native Plant Society’s (CNPS’s) method for estimating cover values (CNPS 2020). The CNPS method for estimating cover values
uses a “bird’s eye view,” looking from above and estimating cover for the living plants only. Litter and duff shall not be included in these
estimates, and the porosity of the vegetation shall be taken into consideration when estimating percent cover. Percent cover diagrams
shall be used to facilitate cover estimates. All invasive species that are incidentally detected during sampling (but outside of the quadrats)
shall be documented.
Cover data shall be entered into a spreadsheet for analysis. Total cover, percent cover contributed by natives, total cover contributed by
non-natives, and cover contributed by invasive weed species shall be calculated from these data.
Success Criteria
•Eradication of invasive or potentially invasive species with a California Invasive Plant Council high rating or designated as noxious that
were not detected during the baseline surveys. The target species is considered eradicated after 5 consecutive years with no
observations of the target species.
•Within 5 years of the impact, cover of non-native species is less than or equal to cover of non-native species at the reference sites.
Midpen biological
monitor or qualified
biologist
Midpen Midpen lands. Before Activity: Select pre-
impact or reference site data to
serve as the baseline for
comparison with post-impact
data.
During Activity: Implement EDRR
Protocol.
After Activity: Conduct
monitoring according to the EDRR
Protocol until success criteria is
achieved.
MM Biology-6: San Francisco Garter Snake Protection Measures
•All practicable measures shall be taken to avoid killing or injuring San Francisco garter snake during Program activities. Any project-
related, human-caused injuries to San Francisco garter snake shall be immediately reported to CDFW and USFWS.
•Within riparian habitat or Waters of the State and/or U.S. and one (1) mile of a known San Francisco garter snake occurrence, Program
activities shall be conducted consistent with permit terms and conditions of the current versions of the USFWS Recovery Permit Number:
TE225974-2 and CDFW Memorandum of Understanding “Research and Recovery of San Francisco Garter Snake and California Tiger
Salamander”.
•In suitable habitat where San Francisco garter snake has not been documented:
a.Biological Awareness Training. A biological awareness training shall be provided in accordance with MM Biology-1. A
biological monitor shall remain on-site in sensitive areas identified during the pre-survey. If at any time a San Francisco garter
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Where Program
activities are
proposed within
riparian habitat or
Waters of the State
and/or U.S. and 1
mile of a known San
Francisco garter
snake occurrence.
Before Activity: (1) Provide a
biological awareness training in
accordance with MM Biology-1,
(2)identify acceptable locations
where San Francisco garter
snake may be relocated if these
species are encountered within a
work area, (3) for all work
occurring within 50 feet of ponds,
streams, and wetlands suitable
for San Francisco garter snake,
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Timing and Performance
Standards
Compliance
Verification
snake is observed, work shall stop immediately until a qualified biological monitor is contacted. Biological monitor(s) and/or
qualified biologist(s) shall remain on the work area while initial ground disturbing activities are being conducted, after which
biological monitor(s) and/or qualified biologists shall be on-call while Program activities are being conducted at these sites.
b.Vegetation Removal by Mechanized Equipment. Mowing in areas of San Francisco garter snake habitat shall be conducted
outside the peak San Francisco garter snake activity season as determined by a qualified biologist or biological monitor
working under a qualified biologist (work typically occurs late October through mid-March or mid-June to end of August). The
qualified biologist or biological monitor working under a qualified biologist shall precede the mowing equipment and inspect
vegetation for San Francisco garter snake individuals. The mower head shall be kept at 6 inches above ground. Prior to use of
a masticator or other heavy equipment in discrete areas with San Francisco garter snake habitat, vegetation shall be cut
down to 3 inches by hand tools (weedwhacker, etc.). Once the ground is visible, a visual survey for San Francisco garter
snake shall be conducted. If no sensitive species are found in the area, removal of vegetation may continue by mechanized
equipment very slowly with a biological monitor walking in front of the equipment to observe. If a San Francisco garter snake
is observed, all activities shall cease and Midpen shall coordinate with USFWS and CDFW immediately. Prior to the start of
work, areas shall be identified by the biological monitor and approved by USFWS and CDFW as acceptable locations to which
San Francisco garter snake may be relocated if these species are encountered within a work area. Relocation areas shall be
a minimum of 100 feet from the boundary of any work area and shall not include staging areas or roads. No San Francisco
garter snake shall be removed from the site or maintained in captivity overnight without prior notification and written approval
by the USFWS and CDFW unless the animal is in need of emergency medical assistance. Medical assistance shall be
provided to injured animals by a certified wildlife veterinarian familiar with amphibian and reptile care. When transporting
individual San Francisco garter snake, precautions shall be taken to ensure that the animals are not over-stressed and are
maintained in safety. Such measures include: keeping animals in a cool, dark, and safe location (snake bag for San Francisco
garter snake), providing adequate hydration, maintaining a stable cool temperature to avoid over-heating, keeping animals
isolated to prevent them from harming one another, and ensuring holding tanks or bags are kept clean to prevent the spread
of any diseases.
c.No Stockpiling of Vegetation. Viable vegetation removed shall be placed directly into a disposal vehicle and removed from
the site. Vegetation shall not be piled on the ground unless it is later transferred, piece by piece, under the direct supervision
of the biological monitor or qualified biologist or is going to remain on-site for erosion control or slash and not be moved or
disturbed.
d.For all work occurring within 50 feet of ponds, streams, and wetlands suitable for San Francisco garter snake, visual surveys
shall be conducted by walking at least a 50-foot buffer area around the pond in an attempt to locate individual San Francisco
garter snake no more than 24 hours prior to conducting work. A trained and permitted professional biologist shall capture,
transfer, and release in a safe area any San Francisco garter snake deemed to be in danger of being harmed by Program
activities. If an San Francisco garter snake is located during the pre-treatment surveys but escapes capture, the area where
the snake was lost shall be marked by flag and a 50-foot (15 meter) radius shall be actively patrolled during the work. If
necessary, individual San Francisco garter snake may be held in captivity in a pillowcase for less than 24 hours and may later
be released near the point of capture after the work has been completed. After the pre-treatment survey, an avoidance
strategy shall be devised and presented to all individuals involved in Program activities prior to the start of work. The number
of San Francisco garter snake encountered and transferred to safe areas or held in captivity during treatment shall be
reported to USFWS, and each individual snake shall be photographed for use in identification.
conduct visual surveys by
walking at least a 50-foot buffer
area around the pond in an
attempt to locate individual San
Francisco garter snake no more
than 24 hours prior to conducting
work, and (4) devise an
avoidance strategy and present it
to all individuals involved in
Program activities prior to the
start of work.
During Activity: (1) Stop work
immediately if at any time a San
Francisco garter snake is
observed, (2) conduct mowing in
areas of San Francisco garter
snake habitat outside the peak
San Francisco garter snake
activity season, (3) conduct a
visual survey for San Francisco
garter snake after vegetation is
cut down to 3 inches by hand
tools, (4) continue vegetation
removal by mechanized
equipment very slowly if no
sensitive species are found in the
area, and (5) do not stockpile
vegetation.
After Activity: N/A
MM Biology-7: California Red-Legged Frog Protection Measures
Handling of California Red-legged Frog
Handling of California red-legged frog will be done by permitted and qualified biologists or biological monitor working under a qualified
biologist in an expedient manner with minimal harm to the individuals being handled. Handling of California red-legged frog will be done
with wet hands. The hands and arms of all workers handling California red-legged frog will be free of lotions, creams, sunscreen, oils,
ointment, insect repellent, or any other material that may harm California red-legged frog. Larval California red-legged frog will not be
handled out of the water for longer than 30 seconds unless rewetted and will not be retained for longer than 5 minutes for processing. If
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Where Program
activities are
proposed within
riparian habitat or
Waters of the State
and/or U.S. and 1
mile of a known
Before Activity: (1) Provide a
biological awareness training in
accordance with MM Biology-1,
(2)identify acceptable locations
where California red-legged frog
may be relocated if encountered
within a work area, (3) conduct a
focused survey for California red-
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
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Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
captured California red-legged frog exhibit signs of distress (e.g., lack of response to stimuli or erratic behavior), they will be immediately
released at the point of capture. All captured California red-legged frog will be released at the point of capture unless that location puts
them in imminent danger, in which case they will be placed in a nearby refugium sufficient to protect them. The number of California red-
legged frog to be captured is no more than 30 adults per habitat location (defined as the area that specific work is conducted such as a
pond site or OSP) per year. In the course of monitoring associated with the activities, if California red-legged frog egg masses are observed
in ponds or wetted areas that are going to dry naturally before tadpoles develop (as determined by a qualified biologist or biological
monitor working under a qualified biologist), emergency salvage of egg masses by the qualified biologist or biological monitor working
under a qualified biologist is permitted to relocate egg masses into deeper waters that will not be affected by the proposed activities.
USFWS shall be notified of the emergency salvage per the terms of the recovery permit. Amplexing pairs of California red-legged frog will
not be captured, handled, or disturbed. The permittee will disinfect sampling and field gear to minimize the spread of pathogens as follows:
1.Sampling and field gear will be disinfected after exiting one aquatic habitat and before entering the next aquatic habitat, unless
the waters are hydrologically connected to one another.
2.All organic matter will be removed from nets, traps, boots, vehicle tires and all other surfaces that have come into contact with
water or potentially contaminated sediments. These items will then be rinsed with clean water before leaving each study site.
3.Boots, nets, traps, hands, etc., will be scrubbed with a bleach solution (0.5 to 1.0 cup per 1.0 gallon of water), Quat-128™ (1:60), or
a 3 to 6 percent sodium hypochlorite solution and thoroughly rinsed clean with water between study sites. Equipment will be
rinsed clean with water between study sites. Cleaning equipment in the immediate vicinity of aquatic habitats will be avoided (e.g.,
clean in an area at least 100 feet from aquatic features). Care will be taken so that all traces of the disinfectant are removed
before entering the next aquatic habitat.
4.Used cleaning materials (liquids, etc.) will be disposed of safely, and if necessary, taken back to the lab for proper disposal. Used
disposable gloves will be retained for safe disposal in sealed bags.
California red-legged frog will not be removed from the wild and held in captivity for any reason unless prior written approval is acquired by
the appropriate USFWS Office or unless the severity of an injury to the California red-legged frog obviates immediate care. Animals will be
transported according to accepted methods, in moist cloth bags or in terrarium with moisture gel or non-cellulose sponge to minimize
desiccation.
Protocols for California Red-legged Frog Depending Upon Location of Activity
For activities conducted within riparian habitat or Waters of the State and/or U.S. and 1 mile of a known California red-legged frog
occurrence:
•Prior to and within 48 hours of the planned start of Program activities, a focused survey for California red-legged frog using an agency
approved protocol will be conducted by a qualified biologist or biological monitor working under a qualified biologist to determine if they
are in the area. If California red-legged frog are found, Midpen will coordinate with CDFW and USFWS immediately to determine the
correct course of action and Program activities at that location will not commence until after May 30 or authorized by CDFW and
USFWS.
•If California red-legged frog are found, biological monitor(s) and/or qualified biologists will be on site while Program activities are being
conducted. Midpen will implement the following measures:
a.Inspection of Parked Vehicles: Any vehicle parked on-site for more than 15 minutes will be inspected before it is moved to ensure
that California red-legged frog has not moved under the vehicle. Any parking areas must be checked in advance by the biological
monitor or qualified biologist.
b.Vegetation Removal by Mechanized Equipment at California Red-legged Frog Sensitive Sites (areas within or adjacent
to wetted aquatic sites): For vegetation removal on berms or other wetted sites with known California red-legged frog observations,
vegetation will be cut down to 3 inches by hand tools (weedwhacker, etc.). Once the ground is visible, a visual survey for California
red-legged frog will be conducted. If no sensitive species are found in the area, removal of vegetation may continue by mowing or
mechanized equipment very slowly with a biological monitor walking in front of the equipment to observe. If a California red-legged
frog is observed that is in harm’s way, all activities shall cease and Midpen will notify CDFW and USFWS immediately or the
California red-legged
frog occurrence.
legged frog using an agency
approved protocol prior to and
within 48 hours of the planned
start of Program activities, (4) for
all work occurring within 50 feet
of ponds, streams, and wetlands
suitable for California red-legged
frog, conduct visual surveys by
walking at least a 50-foot buffer
area around the pond in an
attempt to locate individual
California red-legged frog no
more than 24 hours prior to
conducting work, (5) devise an
avoidance strategy and present it
to all individuals involved in
Program activities prior to the
start of work, and (6) inspect
vegetation in work areas
containing emergent vegetation
for California red-legged frog
eggs masses prior to Program
activities and keep records.
During Activity: (1) Stop work
immediately if a California red-
legged frog enters the work area,
and (2) implement applicable
measures for stop work and
handling of individuals if
California red-legged frog are
found.
After Activity: N/A
EXHIBIT A
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Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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California red-legged frog can be relocated by a person permitted by the USFWS and approved by CDFW for this project to handle
California red-legged frog.
c.Vegetation Disposal: Vegetation removed shall be placed directly into a disposal vehicle and removed from the site. Vegetation shall
not be piled on the ground unless it is later transferred, piece by piece, under the direct supervision of the biological monitor or
qualified biologist or is going to remain on-site for erosion control or slash and not be moved or disturbed.
d.No Stockpiled Soil: Soil shall not be stockpiled on the ground unless it is on a paved surface or staging area where there are not
burrows. Soils stockpiled for more than a single day near potential habitat should be covered or surrounded by exclusion fencing as
directed by a qualified biologist to prevent burrowing animals from entering the stockpile.
e.California Red-legged Frog Exclusion for Sediment Removal with Large Equipment: California red-legged frog will be excluded from
the project site prior to Program activities at sites involving the use of large equipment for sediment removal. USFWS and CDFW-
approved exclusion fencing will be installed around the sediment removal site, staging areas, and any areas where fill may be
dumped. After installation of the fence barrier, a biological monitor or qualified biologist will inspect the project work area, staging
and stockpiling areas daily prior to the commencement of activities. If the biological monitor or qualified biologist determines that
sensitive species are not within the work area, equipment or materials may be moved into the project site and Program activities
may commence under the observation of the biological monitor.
For activities conducted in ponds:
•Focused Surveys Prior to Work Activities. Prior to and within 48 hours of the planned start of Program activities, a focused survey for
California red-legged frog using agency approved protocol will be conducted by a qualified biologist or biological monitor working under
a qualified biologist to determine if California red-legged frog is in the area. The pond will be sampled by a qualified biologist to ensure
that all California red-legged frog from that pond are in the post metamorphic stage and will be minimally affected by draining the pond. If
a California red-legged frog is located during the pre-treatment surveys but escapes capture, the area where the frog was lost will be
marked by flag and a 50-foot (15 meter) radius will be actively patrolled during the work. If California red-legged frog are found, Midpen
will coordinate with CDFW and USFWS immediately to determine the correct course of action and Program activities at that location will
not commence until after May 30 or as authorized by CDFW and USFWS. After the pre-project survey, an avoidance strategy will be
devised and presented to all individuals involved in the pond enhancement prior to starting any activities. The number of California red-
legged frog encountered and transferred to safe areas or held in captivity by a permitted and qualified biologist during treatment will be
reported to the Sacramento USFWS Office and CDFW.
•Number of On-Site Biologists. The minimum number of qualified biological monitors required at each pond site will be determined in
advance by the qualified project biologist based on pond size, the amount and complexity of work to be performed, and the equipment to
be used.
•Travel Corridors. Corridors for travel of vehicles and heavy machinery to the pond site will be established at least 24 hours in advance of
the proposed work. Corridors that are not established, marked, and improved roads (paved or unpaved) require special consideration for
use by any vehicle. During the use of these off-road corridors by vehicles and machinery, a monitor shall proceed directly before the
vehicle or machinery to ensure all California red-legged frog and observable wildlife is cleared from the pathway of the oncoming
vehicle. Monitors shall signal vehicles to stop if a California red-legged frog is on the pathway, and shall allow the animal to clear the
pathway by its own direction. Any handling of the red-legged frog must only be done by a qualified permitted individual. Measures shall
be taken to minimize the number of vehicles allowed on the property. All vehicles involved with the site-specific work that are not
transported to the work site will be retained in a prearranged, marked parking area in a clearing as close to the main road as possible. At
least one monitor will ensure wildlife is clear from the parking area while vehicles are arriving and leaving. All vehicles must stay on
designated roads.
•Seasonal Work Period in Ponds. If California red-legged frog are found in the pond and water is present in the pond, sediment removal
and berm or outfall repair activities shall be performed from August 15 to November 1. Midpen will coordinate with CDFW and USFWS
prior to dredging or de-watering activities. Sediment will be removed from ponds by hand to the extent feasible. Sediment removal from
ponds will occur as soon as the ponds are dry (if prior to August 15).
•Vegetation Removal at Ponds. If California red-legged frog is found, tule and emergent vegetation will be removed by hand when
feasible. If mechanized equipment is used, one or more biological monitors or qualified biologists will be onsite monitoring the scoop
EXHIBIT A
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Locations
Timing and Performance
Standards
Compliance
Verification
bucket while scooping and watching each load unload. Midpen will coordinate with CDFW and USFWS during the annual project
notification process regarding anticipated mechanized equipment use for vegetation removal at ponds. In areas where egg masses are
known, Midpen and contractor personnel will not enter the channel/pond to avoid dislodging egg masses. Trimming activities shall be
performed from the banks, if possible.
•Inspection for Egg Masses. In work areas containing emergent vegetation (e.g., tules, cattails), vegetation will be inspected for California
red-legged frog eggs masses prior to Program activities. If work cannot be postponed, a buffer of vegetation at least 10 feet in diameter
shall be left around any egg masses found. Midpen will keep a record of sites where egg masses are found and conduct vegetation
removal at these sites prior to November 1 in subsequent years.
If California red-legged frog is not found during the focused survey, or for activities conducted in suitable habitat where California red-
legged frog has not been documented:
•The biological monitor shall remain on-site if sensitive areas are identified during the presurvey. A biological awareness training shall be
provided to all persons prior to beginning work. If at any time a California red-legged frog is observed, work shall stop immediately until a
biological monitor is contacted. Biological monitor(s) and/or qualified biologists shall then remain be on the project site while Program
activities are being conducted. If California red-legged frog is observed, the applicable California red-legged frog measures procedures
described above will be followed.
General California Red-legged Frog Avoidance Measures
•If California red-legged frog enters the project area, all work shall stop until the animal leaves on its own. If a person is permitted by the
USFWS and approved by CDFW for this specific project to handle California red-legged frog, they can handle and relocate California red-
legged frog. Midpen will coordinate with CDFW and USFWS to develop site appropriate avoidance measures utilized for relocation. Prior
to the start of work, areas will be identified by the biological monitor-in-charge as acceptable locations to which California red-legged
frog may be relocated if these species are encountered within a work area. Relocation areas will be a minimum of 500 feet from the
boundary of any work area and will not include staging areas or roads. No California red-legged frog will be removed from the site or
maintained in captivity overnight without prior notification and written approval by the USFWS and CDFW unless the animal is in need of
emergency medical assistance. Medical assistance will be provided to injured animals by a certified wildlife veterinarian familiar with
amphibian and reptile care. When transporting individual California red-legged frog, safe handling precautions will be taken to ensure
that the animals are not over-stressed. Safe handling measures include: keeping animals in a cool, dark, and safe location (terrarium for
California red-legged frog), providing adequate hydration, maintaining a stable cool temperature to avoid over-heating, keeping animals
isolated to prevent them from harming one another, and ensuring holding tanks or bags are kept clean to prevent the spread of any
diseases.
•All practicable measures shall be taken to avoid killing or injuring any life stage of California red-legged frog during habitat enhancement
activities.
•The biological monitor and/or qualified biologist shall have the authority to halt work activities that may affect California red-legged frog
adults, tadpoles or egg masses until they can be moved out of harm’s way.
•Any project-related, human caused injuries to California red-legged frog will be immediately reported to CDFW and USFWS.
MM Biology-8: Foothill Yellow-Legged Frog Protection Measures
If foothill yellow-legged frog are found during the general survey conducted per MM Biology-1, biological monitor(s) and/or qualified
biologists shall remain in the work area while Program activities are conducted.
For activities conducted within riparian habitat or Waters of the State and/or U.S. and 1 mile of a known foothill yellow-legged frog
occurrence (within the last 20 years):
•Information on foothill yellow-legged frog shall be included in the biological awareness training provided in accordance with MM
Biology-1.
•Any vehicle parked on-site for more than 15 minutes shall be inspected by the biological monitor or qualified biologist before it is moved
to ensure that foothill yellow-legged frog have not moved under the vehicle. Any parking areas must be checked in advance by the
biological monitor or qualified biologist. Vehicles shall not be moved if a frog is found, until the frog has moved out of harm’s way as
determined by the biological monitor or qualified biologist.
Midpen biological
monitor or qualified
biologist
Midpen Where Program
activities are
proposed within
riparian habitat or
Waters of the State
and/or U.S. and 1
mile of a known
foothill yellow-
legged frog.
Before Activity: Provide a
biological awareness training in
accordance with MM Biology-1.
During Activity: (1) Stop work
immediately if at any time a
foothill yellow-legged frog is
observed and notify CDFW, (2)
conduct a visual survey for
foothill yellow-legged frog after
vegetation is cute down to 3
inches by hand tools, (3) continue
vegetation removal by mowing or
EXHIBIT A
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•For vegetation removal at sites with known foothill yellow-legged frog observations, vegetation shall be cut down to 3 inches by hand
tools (weedwhacker, etc.). Once the ground is visible, a visual survey for foothill yellow-legged frog shall be conducted. If no sensitive
species are found in the area, removal of vegetation may continue by mowing or mechanized equipment very slowly with a biological
monitor walking in front of the equipment to observe. If a foothill yellow-legged frog is observed, all activities shall cease and Midpen
shall notify CDFW immediately. Foothill yellow-legged frog can only be relocated by an individual permitted by CDFW for this Program to
handle foothill yellow-legged frog.
•Vegetation that is to be removed shall be placed directly into a disposal vehicle and removed from the site. Vegetation shall not be piled
on the ground unless it is later transferred, piece by piece, under the direct supervision of the biological monitor or qualified biologist or
is going to remain on-site for erosion control or slash and not be moved or disturbed.
mechanized equipment very
slowly if no sensitive species are
found in the area, (4) do not
stockpile vegetation, and (5)
check all parking areas and
under vehicles to ensure no
presence of foothill yellow-
legged frog and if any are found,
do not move vehicles until the
frog has moved out of harm’s
way.
After Activity: N/A
MM Biology-9: Western Pond Turtle Protection Measures
Within riparian habitat or Waters of the State and/or U.S. and 1 mile of a known western pond occurrence:
•Information on western pond turtle shall be included in the biological awareness training provided in accordance with MM Biology-1.
•A focused survey for western pond turtle and western pond turtle nests shall be conducted prior to and within 48 hours of the planned
start of Program activities by a qualified biologist or biological monitor to determine if any individuals are in the area.
•In the event western pond turtle are found in the work area, Midpen shall exercise measures to avoid direct injury to western pond turtle
as well as avoid areas where they are observed to occur.
•If a western pond turtle is observed during the Program activity, it shall be left alone to move out of the area on its own. If it does not
move on its own, it can be relocated to a safe location at least 100 feet away from the work area. Relocation areas shall be of suitable
habitat, on shallow banks with slow moving water and shall be far enough away so as not to be affected by Program activities.
•If a western pond turtle nest was not found during focused surveys but is observed after initiation of Program activities and its habitat is
determined to be unavoidable, all activities shall cease and Midpen shall coordinate with CDFW to develop site-appropriate avoidance
and minimization measures.
Midpen biological
monitor or qualified
biologist
Midpen Where Program
activities are
proposed within
riparian habitat or
Waters of the State
and/or U.S. and 1
mile of a known
western pond turtle
occurrence.
Before Activity: (1) Provide a
biological awareness training in
accordance with MM Biology-1,
and (2) conduct a focused survey
for western pond turtle and
western pond turtle nests prior to
and within 48 hours of the
planned start of Program
activities.
During Activity: (1) Exercise
measures to avoid direct injury to
western pond turtle as well as
avoid areas where they are
observed to occur if western
pond turtle are found in the work
area, (2) leave western pond
turtle alone to move out of the
work area on their own if a
western pond turtle is observed
during activities, (3) relocate
western pond turtle at least 100
feet distant from the work area if
it does not move on its own, and
(4) cease all activities is a
western pond turtle nest is found
and coordinate with CDFW to
develop avoidance and
minimization measures.
After Activity: N/A
MM Biology-10: California Giant Salamander, Santa Cruz Black Salamander, and Red-Bellied Newt Protection Measures
•In primary suitable habitat where Santa Cruz black salamander, California giant salamander, or red-bellied newt were observed or are
known to occur:
•Information on these species shall be included in the biological awareness training provided in accordance with MM Biology-1.
•A qualified biologist and biological monitor shall be available and on-call for the duration of Program activities.
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Where Program
activities are
proposed within
suitable habitat for
Santa Cruz black
Before Activity: (1) Provide a
biological awareness training in
accordance with MM Biology-1
and (2) conduct a pre-survey of
the work area.
EXHIBIT A
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•A biological monitor shall be present on-site when working within 50 feet of wetted areas including stream channels, seeps, and springs.
•For Santa Cruz black salamander only, a biological monitor is also required in areas of talus slopes or areas having human stacked rocks
and other suitable materials acting as talus.
•Work in wetted areas, talus slopes, or human stacked rocks or other suitable materials acting as artificial talus should be completed prior
to July to avoid displacement of Santa Cruz black salamander females laying eggs and attending to clutches.
•Dismantling of talus and human-stacked rocks and other suitable materials acting as artificial talus shall be avoided and minimized
whenever possible. If removal is required to meet project objectives, these materials shall be dismantled by hand whenever possible.
•Whenever possible, individual Santa Cruz black salamander, California giant salamander, and red-bellied newt shall be allowed to leave
the area on their own.
•Individual Santa Cruz black salamander, California giant salamander, or red-bellied newt (not with eggs) that are in harm’s way or do not
leave the work site on their own may be relocated by a qualified biologist or biological monitor to predetermined sites located outside of
the work area but within the same subwatershed.
•If heavy equipment is required to remove talus, human stacked rocks or other suitable materials acting as artificial talus, this shall be
done in the presence of a qualified biological monitor.
•If at any time, Santa Cruz black salamander, California giant salamander, or red-bellied newt eggs are found, the area shall be flagged for
avoidance. If the area cannot be avoided to meet Program objectives, Midpen shall coordinate with CDFW to determine the best course
of action.
•In all other areas of suitable habitat for Santa Cruz black salamander, California giant salamander, and red-bellied newt:
•Information on these species shall be included in the biological awareness training provided in accordance with MM Biology-1.
•A qualified biologist and biological monitor shall be on-call with suitable availability to respond to calls for the duration of Program
activities.
•A pre-survey of the work area is required prior to starting work. If no Santa Cruz black salamander, California giant salamander, or red-
bellied newt are observed, work may proceed.
•If an individual Santa Cruz black salamander, California giant salamander, or red-bellied newt are observed at any time, all activities shall
stop and the biologist and/or biological monitor shall be notified and the above measures shall be implemented.
salamander,
California giant
salamander, or red-
bellied newt.
During Activity: (1) Ensure
biological monitors are present
on-site where applicable and (2)
stop all activities, implement
appropriate measures, and notify
the biologist and/or biological
monitor if an individual Santa
Cruz black salamander, California
giant salamander, or red-bellied
newt are observed at any time.
After Activity: N/A
MM Biology-11: Nesting Bird Protection Measures (With the Exception of Marbled Murrelet)
•Implement IPMP BMP 22 with the additional provisions listed here.
•To avoid potential impacts to nesting birds, all Program activities shall be conducted between September 1 to February 14 unless a
preconstruction nesting bird survey has been conducted by a qualified biologist or biological monitor. Work should be done during the
non-breeding season whenever possible. The bird nesting seasons for smaller birds and raptors are defined per IPMP BMP 22 as
follows:
-March 15 to August 30 for smaller bird species such as passerines; and
-February 15 to August 30 for raptors.
-Earlier surveys may be needed for specific species such as owls, hummingbirds, herons and egrets and/or other species if nesting
activity shifts due to climate change, as determined by a qualified biologist or biological monitor working under a qualified biologist.
•If Program activities are scheduled during the nesting season of raptors and/or migratory birds, a focused survey for active nests of such
birds shall be conducted by the qualified biologist or biological monitor within 15 days prior to the beginning of project-related activities.
Surveys shall be conducted in all suitable habitat located at work areas and in staging and storage areas. The minimum survey radius for
each bird type surrounding the work area shall be the following:
-250 feet for passerines;
-500 feet for other small raptors such as accipiters;
-1,000 feet for larger raptors such as buteos and eagles.
-The bird survey methodology and the results of the survey shall be submitted to the CDFW prior to commencement of Program
activities.
Midpen biological
monitor or qualified
biologist
Midpen Where Program
activities are
scheduled during the
nesting season of
raptors and/or
migratory birds.
Before Activity: (1) Conduct a
focused survey for active nests of
raptors and/or migratory birds
within 15 days prior to the
beginning of Program activities
and submit results to CDFW, and
(2)if active nests are found,
designate active nest sites as
“Ecologically Sensitive Areas”
and comply with provisions
specified.
During Activity: (1) Complete
work during the non-breeding
season whenever possible, (2)
conduct nest monitoring during
Program activities, and (3) retain
individual dead or dying trees to
the maximum extent practicable.
After Activity: N/A
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•If an active nest (i.e., a nest having eggs or chicks present, or a nest that adult birds have staked a territory and are displaying,
constructing a nest, or are repairing an old nest) is found and work cannot be postponed, Midpen shall designate active nest sites as
“Ecologically Sensitive Areas” and protected (while occupied) during Program activities with the establishment of flagging or a fence
barrier surrounding the nest site. No trees or shrubs that contain active bird nests shall be disturbed until all eggs have hatched, and
young have fully fledged (are no longer being fed by the adults, and have completely left the nest site). No habitat removal or modification
shall occur within the Ecologically Sensitive Area fenced nest zone even if the nest continues to be active beyond the typical nesting
season for the species, until the young have fully fledged and shall no longer be adversely affected by the Program. The minimum
distances of the protective buffers surrounding each identified nest site shall be the following per IPMP BMP 22, with some
considerations depending on nest location and substrate:
-500 feet for large raptors such as buteos;
-250 feet for small raptors such as accipiters;
-250 feet for passerines; and
-1,000 feet for eagles.
•A biological monitor or qualified biologist shall monitor the behavior of the birds (adults and young, when present) at the nest site to
ensure that they are not disturbed by Program-related activities. Nest monitoring shall continue during Program-related construction
work until the young have fully fledged, are no longer being fed by the parents and have left the nest site and surrounding area, as
determined by a biological monitor. If a protective buffer must be modified, Midpen shall coordinate with the CDFW and/or the USFWS as
appropriate prior to resumption of Program activities.
•If a lapse in Program-related work of 15 days or longer occurs, another focused survey shall be conducted before Program activities are
reinitiated.
MM Biology-12: Marbled Murrelet Nest Protection Measures
a.Implement IPMP BMP 22 with the additional provisions listed here.
b.In areas within the range of marbled murrelet habitat as identified in the latest maps (e.g., Midpen 2007 maps), Midpen shall
conduct a survey of habitats within 0.25-mile of the work area for trees that meet the Pacific Seabird Group definition of potential
marbled murrelet nesting trees. If such trees are present within 300 feet of the work area or if a marbled murrelet nest is detected,
Midpen shall coordinate with CDFW and USFWS before proceeding. If habitat trees are present within 0.25-mile of the work area
but are greater than 300 feet from the work area, Midpen shall implement the following conditions:
c.Work within the work area shall be confined to the period of September 15 to November 1 when possible.
d.If activities cannot be conducted outside the breeding season, and must occur during the marbled murrelet breeding season
(March 24 to September 15) Midpen shall:
i.Coordinate with CDFW and USFWS.
ii.Implement seasonal disturbance minimization buffers as listed in the table below and in the October 2020 document Revised
Transmittal of Guidance: Estimating the Effects of Auditory and Visual Disturbance to Northern Spotted Owls and Marbled
Murrelets in Northwestern California (table below) (or the appropriate, CDFW-recommended or approved guidance at the time of
implementation). The thresholds shown apply to noise-generating activities occurring during the midday period, when the risk of
disturbance is lower and do not apply to activities within 2 hours of sunrise or sunset. Activities conducted during the dawn and
dusk periods have special considerations for ambient sound level. If proposed activities will occur within 2 hours of sunrise or
sunset, and if the ambient sound environment during the dawn and dusk period can reasonably be expected to be 5 dB or more
quieter than the midday sound environment, then the estimated disturbance distance threshold should be calculated based on an
ambient level 10 dB lower (i.e., one row up in the table) compared to the normal ambient rating in the table below.
Existing Pre-Program (Ambient)
Sound Levela
Anticipated Action Generated Sound Levelb
Moderate (71-
80 dB)
High (81-90
dB)
Very High (91-
100 dB)
Extreme (101-110
dB)
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Where Program
activities are
proposed within the
range of marbled
murrelet habitat.
Before Activity: (1) Conduct a
survey of habitats within 0.25-
mile of the work area for trees
that meet the Pacific Seabird
Group definition of potential
marbled murrelet nesting trees,
and (2) implement appropriate
measures based on survey
results.
During Activity: If activity occurs
during the nesting season,
conduct a sound level monitoring
study, provide results to USFWS
and CDFW, and comply with
applicable measures based on
survey results.
After Activity: N/A
EXHIBIT A
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Verification
Natural Ambient
(<=50 dB)c
165 feet 500 feet 1,320 feet 1,320 feet
Very Low
(51-60 dB)
40 feet 330 feet 825 feet 1,320 feet
Low
(61-70 dB)
40 feet 165 feet 825 feet 1,320 feet
Moderate
(71-80 dB)
40 feet 165 feet 330 feet 1,320 feet
High
(81-90 dB)
40 feet 165 feet 165 feet 500 feet
Notes:
a Existing (ambient) sound level includes all natural and human-induced sounds occurring at the work area prior
to the proposed action, and are not causally related to the proposed action.
b Action-generated sound levels are given in decibels (dB) experienced by a receiver, when measured at 15.2 m
from the sound source.
c "Natural Ambient" refers to sound levels generally experienced in habitats not substantially influenced by
human activities.
iii.Conduct a sound level monitoring study to determine the level of ambient and construction activity noise anticipated during
construction activities to calculate seasonal disturbance minimization buffer widths. Midpen shall provide a description of
methods and results of the study to USFWS and CDFW to coordinate site-specific avoidance measures 30 days prior to
commencement of Program activities at the applicable location(s). In order to alert work crews to their presence, marbled
murrelet seasonal disturbance buffers, as determined by the sound study and table above, shall be flagged in the field where
they enter the work area. If Midpen chooses not to conduct the sound study, no Program activities shall occur within 0.25-mile
of potential nest trees during the marbled murrelet breeding season (March 24 to September 15).
iv.If noise generating construction activity takes place during the breeding season (March 24 to September 15) within suitable
Redwood and Redwood/Douglas-fir forests, construction activities shall be restricted to 2 hours after sunrise to 2 hours before
sunset to minimize disturbance of potential nesting marbled murrelet using forest habitat as a travel corridor between inland
nesting and coastal habitat.
v.Midpen or its contractor shall not conduct Program activities within a visual line-of-sight distance of 100 meters or less from a
suitable nest tree as designated by a qualified biologist or biological monitor, or the appropriate distance per the latest,
appropriate, CDFW-recommended guidance at the time of implementation.
e.If marbled murrelet protocol level surveys are conducted and do not indicate that the habitat is occupied by marbled murrelet, the
seasonal and distance work restrictions may be lifted with approval from CDFW and USFWS. Protocol level survey procedures and
information can be found at: http://www.pacificseabirdgroup.org/publications/PSG_TechPub2_MAMU_ISP.pdf or the appropriate,
CDFW-recommended or approved guidance at the time of implementation may be used. If Midpen chooses to conduct marbled
murrelet protocol level surveys, Midpen shall coordinate with CDFW and USFWS regarding the survey stations to ensure all
contiguous suitable habitat is covered and good visuals of the sky and nearby flyways, if present, are provided. If marbled murrelet
protocol level surveys are conducted, Midpen shall submit the report consistent with Methods for Surveying Marbled Murrelets in
Forests: A Revised Protocol for Land Management and Research or the appropriate, CDFW-recommended or approved guidance at
the time of implementation may be used.
EXHIBIT A
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Timing and Performance
Standards
Compliance
Verification
MM Biology-13: Special-Status Insect Host Plant Protection
•Prior to conducting treatments in suitable habitat for special-status butterfly and moth species, surveys shall be conducted for the
following host plant species during the appropriate blooming period:
-Bay checkerspot butterfly: dwarf plantain (Plantago erecta), purple owl's clover (Castilleja densiflora), and exserted paintbrush
(Castilleja exserta).
-Smith’s blue butterfly: coast buckwheat (Eriogonum latifolium) and seacliff buckwheat (Eriogonum parvifolium)
-Monarch butterfly: all milkweeds (Asclepias sp.)
-Unsilvered fritillary butterfly: violets (Viola sp.)
-Opler’s longhorn moth: California cream cups (Platystemon californicus)
-Callippe silverspot butterfly (not known to be present but the host plant has potential to be present): Johnny Jump up (Viola
pedunculata)
•Host plants containing eggs, larvae, or pupae of special-status butterfly or moth species shall be avoided, and shall be protected with an
appropriately-sized buffer as determined by a qualified biologist, taking into account the characteristics of the plant species and the
nature of the proposed treatment.
•Vegetation treatment may proceed if a qualified biologist determines that the host plants (1) are not occupied by special-status butterflies
or moths, and (2) may benefit from treatment (such as if the host plants have already set seed and post-treatment conditions will favor
them over non-native weed species).
Midpen biological
monitor or qualified
biologist
Midpen Where Program
activities are
proposed within
suitable habitat for
special-status
butterfly and moth
host plants.
Before Activity: (1) Conduct
survey for special-status butterfly
and moth host plants during the
appropriate blooming period, and
(2) implement appropriate
measures based on survey
results.
During Activity: Avoid host plants
containing eggs, larvae, or pupae
of special-status butterfly or moth
species and protect with
appropriate buffer.
After Activity: N/A
MM Biology-14: Salmonid Protection Measures
•Vegetative debris shall not be stockpiled in areas where it could enter a stream, wetland or riparian area.
•Corrective actions, such as repairs to erosion control BMPs necessary to preserve water quality and revegetation activities, are
allowable year-round.
•Seasonal Work Period in Salmonid Critical Habitat: Program activities within streams and associated riparian corridors that are
designated Critical Habitat for steelhead and Coho salmon shall be limited to June 15 to October 31.
•Seasonal Work Period in Aquatic Habitats Outside of Critical Habitat. Program activities within streams and associated riparian
corridors that are not designated Critical Habitat for salmonids shall be limited to April 15 to October 31, or are permissible from
November 1 to April 14 under the following conditions:
a.Work shall not occur until the site has received no rainfall for a period of 10 days and there is no rain in the forecast for a period of 7
or more days, and work requires no greater than 5 days to complete.
b.Work started during this period must be at least 50 percent complete within 2.5 days of beginning work.
c.Winterization materials must be on hand and installed if unanticipated rainfall begins (defined as 0.5 inches of rain in a 24-hour
period).
Midpen and
Contractor
Midpen Where Program
activities are
proposed within or
adjacent to streams
and associated
riparian corridors
that are designated
Critical Habitat for
steelhead and Coho
salmon.
Before Activity: Implement and
maintain corrective actions to
preserve water quality.
During Activity: (1) Do not
stockpile vegetative debris where
it could enter a stream, wetland,
or riparian area, (2) work within
streams and associated riparian
corridors that are designated
Critical Habitat for steelhead and
Coho salmon limited to June 15 to
October 31, and (3) work within
streams and associated riparian
corridors that are not designated
Critical Habitat for steelhead and
Coho salmon limited to April 15 to
October 31 or permissible under
additional conditions.
After Activity: N/A
MM Biology-15: Monarch Butterfly Overwintering Aggregation Protection
Prior to any Program activities in tree groves comprised primarily or entirely of pine, cypress, fir, or eucalyptus that are within 2 miles of the
Pacific Coast, a desktop record review shall be conducted to determine if the grove historically was occupied by monarchs. For all other
tree groves comprised primarily or entirely of pine, cypress, fir, or eucalyptus that are within 2 miles of the Pacific Coast, a qualified
biologist or biological monitor working under a qualified biologist shall survey the grove for aggregations of monarch butterflies during the
overwintering season according to the Xerces Society’s Western Monarch Count Protocol (Xerces Society 2019), available at
https://www.westernmonarchcount.org or the latest protocol available at the time of implementation may be used.
Midpen biological
monitor or qualified
biologist
Midpen Where Program
activities are
proposed in tree
groves comprised
primarily or entirely
of pine, cypress, fir,
or eucalyptus that
are within 2 miles of
the Pacific Coast.
Before Activity: (1) Survey tree
groves for aggregations of
monarch butterflies during the
overwintering season according
to the Xerces Society’s Western
Monarch Count Protocol and
implement appropriate measures
based on survey results, and (2)
develop a long-term tree planting
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Two surveys shall be conducted during the overwintering season, one during the Western Monarch Thanksgiving Count period (the three-
week period centered on the Thanksgiving holiday), and a second during the New Year’s Count period (the two-week period beginning the
weekend prior to New Year’s Day).
•Each survey shall be conducted by two surveyors to provide multiple independent estimates of monarch numbers.
•Surveys shall be conducted in the morning while temperatures are below 55˚ F (13˚ C) and monarchs are more likely to be clustered.
•Surveys shall not be conducted during rain or strong winds due to poor visibility and the chance that individual monarchs shall be
scattered on the ground.
•If no monarch overwintering aggregations are observed, Program activities may proceed pursuant as long as they occur prior to
November 1. If Program activities are delayed beyond November 1, then the grove shall be re-surveyed.
•If a monarch overwintering aggregation of any size is detected or historical occupation is identified according to record reviews, then no
Program activities may take place inside the tree canopy within 200 feet of the aggregation, when present. Activities outside of the
canopy line but within 200 feet may proceed (i.e., treatment of low-growing vegetation outside of the tree grove) if a qualified biologist or
monitor determines that the activity does not pose a threat to the monarch aggregation.
•Groves with historical occupation shall not be altered without further consultation with USFWS and/or CDFW.
•Once the aggregation disperses (typically by March), treatment of vegetation within 200 feet of tree(s) where monarch aggregations
were observed may proceed if, as determined by a qualified biologist or monitor, it shall not result in significant alteration to wind and
sunlight patterns within the grove.
•If monarch overwintering aggregations are detected in eucalyptus removal areas, then a long-term tree planting strategy is necessary
(see Protecting California’s Butterfly Groves [Xerces Society 2017]).
•Native tree species suitable for monarchs must be planted many years prior to eucalyptus removal with the understanding that they may
not reach functional heights to provide wind protection and suitable dappled lighting for 15-30 years. Transplanting saplings from a local
source may speed this process. Planting of eucalyptus shall be prohibited. Removal of eucalyptus may proceed once native replacement
trees have reached sufficient size to provide wind protection within the grove.
•Standing dead trees generally do not contribute to monarch overwintering habitat (Xerces Society 2017) and may be removed within the
grove between April 1 and August 31, outside of the overwintering period, as determined appropriate by a qualified biologist or monitor.
Sites where invasive dead trees have been removed may create opportunities for native tree planting within the interior of the grove.
•If a eucalyptus grove where a monarch overwintering aggregation was previously detected is re-surveyed using the Western Monarch
Count Protocol (Xerces Society 2019) and found to be unoccupied for 5 consecutive years, then the grove may be removed before native
replacement trees have reached full size.
strategy if monarch
overwintering aggregations are
detected in eucalyptus removal
areas.
During Activity: Implement tree
planting strategy.
After Activity: N/A
MM Biology-16: Prescribed Burns and Biological Resource Avoidance
•All participants in the burn shall be briefed by a Resource Advisor on the special-status species potentially present, where they would
likely be found, and who to contact if one is sighted. Resource Advisors shall (1) work with the ignition teams, (2) be a part of any ignition
sequence planning, and (3) be in radio contact with either the Ignition Specialist or the Incident Commander directly to ensure quick
communication and decision-making regarding the safety of sensitive wildlife.
•Prescribed burns shall maintain the following buffers from various sensitive species and wildlife habitats:
-Active bird nests shall be given species-appropriate buffers matching those outlined in MM Biology-11 and IPMP BMP 22:
i.250 feet for passerines
ii.500 feet for other small raptors such as accipiters
iii.1,000 feet for larger raptors such as buteos and eagles
-A 10-foot buffer from San Francisco dusky-footed woodrat nests
-A 20-foot buffer from occupied bat roosting trees
-A 10-foot buffer from patches of special-status butterfly and moth host plants if prescribed burns occur before the plants have set
seed. Patches of host plants that may benefit from fire may be burned if determined appropriate by a qualified biologist or biological
monitor working under a qualified biologist.
Midpen and
Contractor
Midpen All prescribed burns. Before Activity: (1) Brief all
participants on special-status
species present in the burn area,
and (2) conduct visual surveys by
walking transects throughout the
proposed burn area no more than
24 hours prior to conducting a
prescribed fire and implement
applicable measures based on
survey results.
During Activity: (1) Maintain
appropriate buffers from
sensitive wildlife habitats, (2)
retain all vehicles in the
prearranged, marked parking
area and roads, and (3) conduct
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
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Timing and Performance
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Verification
•The listed buffer areas may be managed using other vegetation management techniques following each burn (e.g., cattle grazing), but
are to remain completely undisturbed during prescribed fire events. Every reasonable attempt shall be made to maintain 0.25 to 0.5 acre
(0.1 to 0.2 hectare) of unburned habitat for every 10 acres (4 hectares) of burned habitat (e.g., 4 to 8 acres of retreat habitat are needed
for a 160-acre burn, and 9 to 18 acres are needed for a 350-acre burn). Retreat areas shall be conserved randomly throughout the
treatment area, especially in areas with known populations of San Francisco garter snake and California red-legged frog. These retreat
areas may be naturally occurring areas such as rock formations, ponds and other wetland/riparian areas, areas with a high density of
burrows, and other areas not prone to burn, or these areas may be created and maintained using hand tools or water to create fire-
breaks or wet-lines.
•No more than 24 hours prior to conducting prescribed fires, visual surveys shall be conducted by walking transects throughout the
proposed burn area in an attempt to locate individual special-status reptile and amphibian species, including San Francisco garter snake,
California red-legged frog, foothill yellow-legged frog, California tiger salamander, western pond turtle, Blainville’s horned lizard,
California giant salamander, Santa Cruz black salamander, and red-bellied newt. With permission from CDFW and/or USFWS, a permitted
biologist or biological monitor shall capture, transfer, and release in a safe area any special-status reptiles or amphibians deemed to be
in danger of being harmed by the prescribed fire activities. If individuals are located during the pre-treatment surveys but escape
capture, an area approximately 50 feet (15 meters) in diameter around the individual shall be protected from the burn. If necessary,
individuals may be held in captivity in a pillowcase for less than 24 hours and may later be released near the point of capture after the
burn has been completed. The numbers of special-status reptiles and amphibians encountered and transferred to safe areas or held in
captivity during treatment shall be reported to USFWS and CDFW. If San Francisco garter snakes are captured, each individual shall be
photographed for use in identification.
•All vehicles involved with the site-specific burn shall be retained in a prearranged, marked parking area in a clearing as close to the main
road as possible. At least one monitor shall ensure wildlife is clear from the parking area while vehicles are arriving and leaving. All
vehicles must stay on designated roads, and if it is necessary for a vehicle to travel off the designated main road, a monitor shall precede
the vehicle to clear wildlife from the pathway of the vehicle. Only biological monitors specifically authorized by the USFWS and CDFW to
handle San Francisco garter snake or California red-legged frog (normally these shall be individuals holding a federal recovery permit for
the species) shall be allowed to handle, transport, and relocate individuals of these species.
•Below ground temperature monitoring shall be conducted during the burn to monitor air temperatures in a representative subset of
suitable San Francisco garter snake refugia. One or more biologists or biological monitors shall place ground temperature monitoring
devices (e.g., "hobo thermocouples" in rodent burrows throughout the burn area to monitor changes in temperature in the burrows as fire
moves across the landscape. The knowledge gained shall be useful in determining how to conduct future prescribed fires in San
Francisco garter snake habitat in a manner that shall minimize potential effects to the species.
•Immediately following each prescribed fire, the permittee shall search the affected post-treatment area to identify dead or injured
individuals of all vertebrate taxa. Dead individuals of special-status species shall be collected and deposited at an approved repository.
Injured individuals shall be handled only by a permittee authorized to capture and handle the species. Midpen shall ensure medical
assistance is provided to injured animals by a certified wildlife veterinarian familiar with amphibian and reptile care.
•Prescribed fire shall not be employed in tidal marsh habitats.
•If an emergency situation necessitates the use of water from a pond occupied by California red-legged frog, a striker pump and intake
hose may be used to draw water from one of the small wetland ponds in the burn area to fill engines or back pumps. The intake hose
shall be screened with 0.25-inch mesh to prevent intake of California red-legged frogs. The burn plan details the use of lake and ocean
water to fill helicopter buckets to aid suppression efforts. If a helicopter bucket is used, it shall draft from the center of the pond, to
prevent uptake of California red-legged frogs that may potentially be present.
•Within San Francisco garter snake habitat, post-burn monitoring shall be conducted as part of the Program activity and shall include (1)
vegetative response to the burn, (2) wildlife response to the burn, and (3) fire behavior and burn conditions. Because the burn is intended
to enhance San Francisco garter snake habitat, the monitoring emphasis for vegetation and wildlife shall be on the wildlife and habitat
features that are considered to be necessary to support San Francisco garter snakes. The variables measured for San Francisco garter
snake response to habitat are pre- and post-burn data on the (1) vegetation community in the burn area in order to determine vegetative
response to the burn and (2) the frequency of valley pocket gopher (Thomomys bottae) burrows and other burrows. As part of its
below ground temperature
monitoring during the burn.
After Activity: (1) Search the
affected post-treatment area
immediately following each
prescribed fire, (2) conduct post-
burn monitoring within San
Francisco garter snake habitat,
and (3) measure the number of
rodent burrows during the
vegetation transect monitoring
immediately after the burn and
submit all data to USFWS.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
standard post-fire evaluation, CAL FIRE and/or Midpen shall provide an analysis of the burn, including how the fire responded to weather
and other burn conditions, and percent coverage of the burn within the boundaries of the burn unit.
Beginning immediately after the burn, the frequency (number) of rodent burrows shall be measured during the vegetation transect
monitoring. Vegetation monitoring shall include the establishment of four transects within and three transects outside of the burn area for
comparative analysis. Transects shall be randomly established in burned and unburned areas and each transect shall measure 50 meters
in length. A meter-square plot shall be established at 5-meter intervals along the transects. Vegetative composition and percent cover for
all plant species shall be recorded for each plot. Transect sampling shall take place prior to the burn and at least once per year after the
burn for 3 years. Response of native and non-native grasses and coyote brush to the burn shall be of particular interest. Data collected
before, during, and after the burn, and the observations made during the evaluation of the burn shall be compiled into a report within 1 year
following the burn. Upon completion, the report shall be submitted to USFWS.
MM Biology-17: Sensitive Natural Communities
•Before a Program activity is implemented, a Midpen approved botanist shall: (1) assess the site- and Program-specific threats to each
sensitive natural community that might be impacted by the Program activity; and (2) recommend spatial buffers or other management
actions that shall reduce potentially significant impacts on the sensitive natural community to less than significant levels. The botanist’s
recommendations shall be site-specific, and shall consider the specific Program activity being proposed, the resiliency of the community,
and its susceptibility to potentially significant impacts associated with the Program activity. Midpen shall implement the botanist’s
recommendations, to the extent feasible. If Midpen is unable to implement the botanist’s recommendations, or if there is uncertainty
regarding the effects of a Program activity on the community, Midpen shall monitor the treatment areas after treatment at an interval
determined appropriate by the qualified biologist or biological monitor working under a qualified biologist. If the monitoring indicates the
Program activity has negatively impacted the community by resulting in substantial loss or degradation of the community, the terms of
MM Biology-18 shall apply.
•To the extent feasible, VMAs, fire management logistics areas, and firefighting infrastructure improvements shall be configured to
minimize habitat fragmentation, especially in areas with unique structural components or habitat elements and frequency of treatment
shall be carefully defined to reduce or minimize the likelihood of type conversion. If conversion is occurring, conditions of MM Biology-18
for compensatory mitigation shall be applied.
•All vegetation removal within tidal marsh or in uplands within 50 feet of tidal marsh shall be conducted with hand tools only. No heavy
equipment is permitted.
•Vegetative debris (e.g., slash, chips) shall not be placed on top of vegetation in sensitive communities, unless prescribed in the VMP or
PFP and determined by a qualified biologist or biological monitor working under a qualified biologist to not have negatively affect the
community.
•Personnel shall not walk through wetlands or other vegetation communities susceptible to trampling.
•Prior to approving an off-road travel route, Midpen shall survey the route to ensure avoidance of sensitive biological resources, including
special-status species and sensitive natural communities (or habitats).
•If it is not feasible to locate staging areas in previously disturbed areas, they shall be located outside of sensitive communities (or
habitats) that could suffer long-term impacts due to staging activities. Staging areas shall not be located in riparian or wetland
communities, nor in any of the Group 1 sensitive communities identified for avoidance.
•Burn piles shall be placed in areas away from any live vegetation that might be damaged by the burn.
•Grazing shall be carefully managed, should it occur in or near a sensitive natural community, to limit the grazing duration and to ensure
that erosion and sedimentation of waterways and riparian areas does not occur (in accordance with MM Geology-1).
Midpen biological
monitor or qualified
biologist and
Contractor
Midpen Where Program
activities are
proposed within
sensitive natural
communities.
Before Activity: (1) Assess site-
and Program-specific threats to
sensitive natural communities, (2)
recommend spatial buffers or
management actions to reduce
potential impacts on the sensitive
natural communities, and (3)
survey off-road travel route.
During Activity: Implement
sensitive natural communities
protection measures.
After Activity: N/A
MM Biology-18: Compensatory Mitigation for Impacts to Sensitive Natural Communities
Midpen shall provide compensatory mitigation for Program impacts to Group 1 and Group 2 communities. The baseline ratio for impacts to
Group 1 communities shall be 3:1 (e.g., 3 acres compensation for each acre impacted). The baseline ratio for impacts to Group 2
communities shall be 2:1. Several factors may dictate the need for a higher ratio (Clement et al. 2014, USACE 2015, USFWS 2016, State
Water Resources Control Board 2019). They are:
Midpen Midpen Where Program
activities
permanently affect
any Group 1 and
Group 2
communities.
Before Activity: Determine the
appropriate mitigation ratio for
project (e.g., treatment).
During Activity: Document
compliance with the
compensatory mitigation
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
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Locations
Timing and Performance
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Verification
1.Mitigation Strategy: The baseline ratio applies to mitigation projects that entail creation or restoration of the impacted community.
Cswddc x One half point shall be added to any mitigation project that involves only enhancement of an existing community as
recommended by a Midpen-approved biologist (e.g., seed within native species, removal of human-made infrastructure such as
fences or hardscape, treatment of invasive species).
2.Temporal Loss: The baseline ratio assumes there shall be no temporal loss of the community. Therefore, the baseline ratio only
applies to mitigation projects that are completed within a year after impacts occur. If the mitigation project is not initiated within a
year after impacts occur, the ratio shall be increased by 0.2 for each year of lag time between the time of impacts, and the start of
mitigation. For example, if mitigation for a Group 2 community is not expected to be initiated until two years after the impacts
occur, the mitigation ratio shall be 2.2:1.
3.Uncertainty: There is inherent uncertainty in whether a mitigation project will fully replace the functions that are lost from the
impact site. As a result, the mitigation ratio must be commensurate with the risk that a mitigation project will not achieve the
designated goal, which is generally to replace the functions that are lost from the impact site. The baseline ratios account for the
uncertainty inherent in all mitigation projects because they shall achieve “no net loss” of sensitive community functions even if
some (relatively small) portions of the mitigation site fail to achieve the desired conditions. However, the baseline ratios assume a
relatively high probability of success. Due to Midpen’s expertise and experience with mitigation projects, Midpen assumes the
mitigation project shall succeed if: (a) Midpen has successfully completed comparable mitigation projects, or (b) scientific
literature supports the inference that the mitigation project is likely to be successful (e.g., due to its simplicity). If the proposed
mitigation project does not satisfy either criterion, one point shall be added to the baseline ratio (e.g., the ratio for a Group 2
community shall be increased to 3:1).
4.Distance: Compensatory mitigation ratios are generally dependent on the distance of the mitigation site from the impact site. To
the extent feasible, Midpen shall mitigate on Midpen property, and within the same watershed as the impact site.
5.Kind: The baseline ratios assume “in-kind” mitigation (i.e., the mitigation site replaces the same sensitive natural community or
wetland type as the one impacted by the Program). In some instances, there may be ecological benefits to “out-of-kind”
mitigation. There shall be no increase in the mitigation ratio for mitigation projects that restore, create, or enhance a Group 1
community as compensation for impacts to a Group 2 community. Midpen shall document the scientific justification for all
proposed out-of-kind mitigation projects. No out-of-kind mitigation shall be allowed for impacts on wetland or riparian
communities unless authorized by the regulatory agency(ies) with jurisdiction over the impacted resource.
6.Other Impacts: A mitigation ratio greater than 1:1 may be needed to account for a project’s indirect impacts, and for its
contribution to cumulative impacts.1 The baseline ratios account for these impacts.
To determine the appropriate mitigation ratio for a given project (e.g., treatment), Midpen shall apply the factors described above, in the
order listed.
Midpen shall maintain a ledger that documents:
1.Impacts on sensitive communities, including type of community impacted, acreage impacted, year(s) impacts occurred, and
activity that caused the impact.
2.The mitigation ratio applied to each Program activity, and the rationale for that ratio. The rationale shall include a formula that
incorporates the variables outlined above.
3.Any additional mitigation requirements imposed by the regulatory agencies (e.g., in a Streambed Alteration Agreement from
CDFW) beyond what is already described above.
4.Mitigation projects, including the mitigation strategy, type, location, acreage, and date completed.
requirements and provide ledger
to the regulatory agencies.
After Activity: Monitor the site in
accordance with Midpen’s
monitoring program.
1 Under CEQA, mitigation must be roughly proportional to the level of impacts.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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The ledger shall be used to document compliance with the compensatory mitigation requirements. A copy of the ledger shall be made
available to the regulatory agencies.
Any plants or seeds needed for a mitigation project shall be derived from sources determined appropriate by the Midpen-approved
botanist. Dependent upon the species, plants or seeds shall be sourced from locally-appropriate genetic material and comply with best
management measures intended to exclude Phytophthora and other plant pathogens to the extent possible.
Performance Standards. Projects designed to mitigate significant impacts to sensitive natural communities shall be considered successful
once they achieve the membership rules described in the most current version of the Manual of California Vegetation. A District Approved
botanist shall implement the Relevé and Rapid Assessment (RA) vegetation sampling techniques (CDFW and CNPS 2019) to monitor
sensitive natural community development at mitigation sites until the site achieves the membership rules (e.g., percent relative cover)
described in the most current version of the Manual of California Vegetation, after which the site shall be monitored in accordance with
Midpen’s monitoring program.
MM Biology-19: Wetlands and Other Potential Jurisdictional Aquatic Resources
Wetlands and other potential jurisdictional waters that may be impacted by the Program shall be formally delineated by a biologist with
expertise in wetland science. In addition to conducting the delineation, and in accordance with the recommendations provided by Castelle
et al. (1994), the biologist shall assess the following criteria to determine the buffer size needed to protect the jurisdictional resource from
indirect impacts: (1) resource functional value, (2) intensity of adjacent land use, (3) buffer characteristics, and (4) specific buffer functions
required. The biologist shall document the results of this assessment and the buffer recommendations in a report to Midpen.
Midpen shall not conduct any Program activities that might directly or indirectly impact jurisdictional wetlands and waters unless it
possesses permits from the appropriate State and federal regulatory agencies. Midpen shall make every attempt to avoid direct and
indirect impacts to wetlands and other jurisdictional waters. If complete avoidance is not possible, a biologist with expertise in wetland
science shall document baseline conditions according to the California Rapid Assessment Method (CRAM) prior to any potential impacts.
According to the U.S. Army Corps of Engineers (2015):
•CRAM is a standardized, cost-effective tool for assessing the health of wetlands and riparian habitats. The overall goal of CRAM is to
provide a rapid, scientifically defensible, and repeatable assessment method that can be used routinely for wetland monitoring and
assessment. CRAM consists of assessing aquatic resources with respect to four overarching “attributes,” i.e., buffer/landscape context,
hydrology, physical structure, and biotic structure. A number of “metrics” address more specific aspects of aquatic resource condition
within each of these attributes. Each metric is assigned a numeric score based on either narrative or schematic descriptions of condition
or thresholds across continuous values. Metric descriptions are based on characteristics of aquatic resources observed across a range
of conditions, such that the highest score for each metric represents the theoretical optimum condition obtainable for the aquatic
resource feature being evaluated.
•The baseline CRAM assessment shall be used in two ways: (1) to monitor the effectiveness of the buffer in preventing indirect impacts to
the wetland community; and (2) to ensure compensatory mitigation replaces the wetland functions impacted by the Program.
Compensatory mitigation for impacts to wetland and other jurisdictional waters shall be provided in accordance with USACE guidelines,
including: (1) Guidelines for Preparing a Compensatory Mitigation Plan; (2) Attachment 12501.6 – SPD Mitigation Ratio Checklist; (3)
Regional Compensatory Mitigation and Monitoring Guidelines, and (4) 2501-SPD Regulatory Program Standard Operating Procedure for
Determination of Mitigation Ratios (USACE 2010, 2012, 2015, 2017). If possible, compensatory mitigation for impacts to wetlands and other
jurisdictional waters shall restore a comparable aquatic feature within the same watershed as the impact.
Midpen shall adopt performance standards consistent with the USACE’s Uniform Performance Standards for Compensatory Mitigation
Requirements (USACE 2012). Mitigation monitoring shall adhere to the Regional Compensatory Mitigation and Monitoring Guidelines
(USACE 2015).
Midpen Midpen Where Program
activities are
proposed within
wetlands and other
potential
jurisdictional aquatic
resources.
Before Activity: (1) Delineate
wetlands and other potentially
jurisdictional waters, (2)
document baseline conditions of
the wetland or other jurisdictional
waters if complete avoidance is
not possible, (3) obtain necessary
permits from the appropriate
agencies.
During Activity: Avoid impacts on
jurisdictional waters.
After Activity: N/A
MM Biology-20: Significant and Heritage Tree Ordinances
Prior to conducting any work that involves tree removal, biologist or other personnel qualified in tree identification shall identify if any
County or local protected and heritage tree ordinances are relevant to the area of work. If an ordinance would apply to the area of work,
the area of work shall be investigated by the biologist or personnel qualified in tree identification to identify if any trees subject to the
ordinance are found in the project area. If a tree subject to the ordinance is in the area of work, the tree shall be clearly marked as a
Midpen and
Contractor
Midpen Where tree removal
occurs.
Before Activity: (1) Identify
County and local protected and
heritage tree ordinances, (2)
identify trees that are subject to
the ordinance, (3) mark trees for
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Timing and Performance
Standards
Compliance
Verification
“Leave Tree” so that it is not accidentally damaged or removed during work. If a tree that qualifies as a protected or heritage tree must be
removed, the appropriate steps shall be implemented to obtain the appropriate permits for tree removal. If trees within the CalTrans right-
of-way must be removed, the tree removal must be part of the Encroachment Permit, to be reviewed by CalTrans, which may require tree
replacement in its permit terms.
avoidance, and (4) obtain
necessary permit to remove
protected and heritage trees or
trees within Caltrans right-of-
way.
During Activity: Avoid impacts on
trees that are marked for
avoidance.
After Activity: N/A
Cultural and Tribal Cultural Resources
MM Cultural-1: Pre-Activity Surveys and Avoidance of Impacts to Cultural Resources
Prior to conducting any work associated with the WFRP that could disturb the ground surface or subsurface, the work areas shall be
compared against Midpen’s GIS data to determine if the area has been previously surveyed and, if it has been surveyed, if any historic or
archaeological resources or tribal cultural resources are found in the work area. Any resources that have not been evaluated shall be
assumed eligible for listing in the CRHR and assumed significant.
If the GIS data shows that the proposed areas where soil disturbance below the surface via heavy equipment or burning (i.e., for VMP
activities involving heavy equipment, prescribed fires under the PFP, and any work that involves grading under the Wildland Fire Pre-Plans)
have not been previously surveyed, then a discretionary archival-records search at the California Historical Resources Information System,
Northwest Information Center, can be completed. If the area is still not found to have been previously surveyed, a pre-activity cultural-
resources survey shall be conducted by a qualified archaeologist or cultural resources specialist in accordance with industry standards
prior to performing work unless vegetation is too dense, making a survey impossible. In the event vegetation is too dense, making a pre-
activity survey challenging or impossible, the training conducted under IPMP BMP 26 shall be sufficient to permit work to be conducted
using only manual techniques accessed on foot.
New resources noted during the field survey shall be recorded and mapped on appropriate California Department of Parks and Recreation
523 forms. In the case of a previously recorded resource, an updated California Department of Parks and Recreation 523 form detailing
current condition shall be completed, as appropriate.
Any historical or archaeological resources (not including built-environment historic features) located in the work area (as identified in
either previous surveys, in a discretionary records search, or during pre-activity surveys) plus a 50-foot buffer shall be identified on any
activity plans. The boundaries around the resource/buffer shall be temporarily marked, such as with fencing or flagging. If work must
commence in the sensitive area, it can only be performed using hand tools or hand- powered tools, cannot include ground disturbance
below the topsoil layer, and can only be accessed on foot. Alternatively, the resource can be evaluated for eligibility under the CRHR. If
found ineligible and not a tribal cultural resource, work could proceed as normal. If found eligible or to be a tribal cultural resource,
impacts on the resource must be avoided (through total avoidance of the area or through use of hand methods only in the area of the
resource, as described here). If not avoidable, MM Cultural-2 shall be implemented. After work is completed, all cultural resource
delineators (e.g., flags or fencing) shall be removed in order to avoid potential vandalism, unauthorized excavation(s), etc.
Midpen shall contact and consult with local Native American groups identified by the Native American Heritage Commission and request
input on Tribal Cultural Resources within the project areas if any prehistoric resources are identified during pre-activity surveys and
impacts to these resources cannot be avoided or minimized (such as through the use of hand tools). The Midpen Project Manager shall
have the discretion to consult, depending on the potential impacts anticipated from the Program activity. Information on the proposed
activity, the results of the information review(s) and field inventory, and any Native American input shall be reported in a Memo to the File
with the implemented mitigation measures based on anticipated impacts.
Midpen and qualified
archaeologist or
cultural resources
specialist or Native
American groups
Midpen All work areas prior
to conducting
Program activities.
Before Activity: Consult the GIS
cultural-resources layer for the
presence of recorded sites.
During Activity: 1) Avoid
recorded resources or impacts
on resources or use only hand
methods in resource areas and
(2) examine area where piles are
proposed for resources.
After Activity: Remove resource
delineators, add any newly
discovered resources to GIS
database.
MM Cultural-2: Treatment of Unavoidable Resources
For any resources either discovered during implementation of activities (per IPMP BMP 26) or found during pre-activity surveys under MM
Cultural-1 and that cannot be avoided, recordation, additional archaeological testing, Native American consultation (if pre-historic), and
Midpen and qualified
archaeologist or
Midpen Any area where
cultural resources
Before Activity: Determine if
resource cannot be avoided and
prepare Treatment Plan and data
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
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Timing and Performance
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Verification
data recovery shall be implemented. Data recovery for any significant cultural resources that cannot be avoided or preserved in place shall
be guided by a Treatment Plan, to be submitted to Midpen for approval and completion.
Impacts shall be assessed for the installation of new permanent infrastructure under the Wildland Fire Pre-Plans near a built-environment
historic feature, landscape, or district. The new infrastructure shall either be relocated if an effect is likely or data recovery implemented in
accordance with a Treatment Plan (as previously discussed).
A report of the findings and resource interpretation, disposition of any recovered cultural materials, and recommendations for future
resource protection shall be completed and filed with Midpen, interested Native Americans, the California Historical Resources
Information System (if pre-historic), and the Northwest Information Center.
cultural resources
specialist
impacts cannot be
avoided.
recovery as well as consult tribes
if pre-historic.
During Activity: For resources
found during work that cannot be
avoided, prepare Treatment Plan
and data recovery.
After Activity: Notify appropriate
parties and agencies.
MM Cultural-3: Human Remains
If human remains and associated or unassociated funerary objects are exposed during vegetation management, work within 50 feet of the
discovery shall be halted and the find protected from further disturbance in accordance with Midpen protocols for resource protection.
The County Coroner or Medical Examiner shall be notified immediately and, in the event of the determination that the human remains are
Native American remains, notification of the Native American Heritage Commission shall be undertaken to obtain a most likely descendant
(MLD) (PRC § 5097.98) for treatment recommendations. Midpen, the archaeological consultant, and the MLD shall make all reasonable
efforts to develop an agreement for the treatment of human remains and associated or unassociated funerary objects with appropriate
dignity (CEQA Guidelines Section 15064.5[d]). The agreement shall take into consideration the appropriate removal, recordation, analysis,
custodianship, curation, and final disposition of the human remains and associated or unassociated funerary objects.
Implementation of the Treatment Plan shall be undertaken by Midpen, and any findings shall be submitted in a report to the MLD and filed
with the California Historical Resources Information System, NWIC.
Midpen and qualified
archaeologist or
cultural resources
specialist or Native
American groups
Midpen All Program areas, if
applicable.
Before Activity: N/A
During Activity: (1) Avoid known
location of human remains, (2)
cease activity if human remains
are uncovered, (3) appoint an
MLD, (4) protect human remains
until a decision is reached, and
(5) if avoidance is not possible,
Midpen, a professional
archaeologist, and an MLD shall
be consulted and human remains
and associated or unassociated
funerary objects shall be
removed from the location and
relocated to selected location in
accordance to decision reached.
Once remains are moved, then
the activity can commence again
in this area.
After Activity: N/A
Geology and Soils
MM Geology-1: Prescribed Herbivory Land and Trail Control
Livestock will be used for vegetation management to reduce the use of chemical herbicides, to control invasive vegetation, and to promote
the growth of native vegetation. Methods shall be implemented to reduce the potential creation of prescribed herbivory trails and erosional
features, including the following:
•Limit or prohibit prescribed herbivory within 100 feet of lakes/reservoirs, creeks, streams, riparian corridors, and wetlands, using fencing
or natural features to prevent livestock from entering streams and riparian areas, depending upon a qualified professional’s assessment.
The following measures would be considered by the qualified professional and implemented where appropriate:
-In riparian areas, livestock shall be excluded from the top of bank of a defined channel by installing fencing on the edge of riparian
canopy where topography does not naturally exclude access.
-Water and feed troughs shall be installed away from natural water sources.
-In wetlands, livestock shall be excluded only where the percent cover of vegetation is low.
•Implement methods, which could include rotating or providing multiple feeding areas to minimize excessive congregation of animals in
any one location for too long, as determined by a qualified professional.
•Limit the number of animals in a particular-sized area using the stocking-rate equation taking into account days assumed to graze, slope,
yield of the land, number of animals, weight of animals, and other appropriate factors.
Midpen and/or
Contractor
Midpen Prescribed herbivory
areas.
Before Activity: Install fencing as
needed.
During Activity: (1) Limit number
of animals in an area based on
appropriate calculations, and
minimize congregation of animals
in any one location, (2) repair
damaged fencing or erosion
control features, and (3) conduct
surveys during prescribed
herbivory to identify problem
areas.
After Activity: (1) Permit
appropriate rest periods after
prescribed herbivory, and (2)
remediate any bare areas.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
27
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
•Conduct surveys of the prescribed herbivory area during active grazing; identify if trails or other erosion features are forming.
•Ensure there are appropriate rest periods between active prescribed herbivory in any one area to allow regrowth of plants and
appropriate amounts of residual dry matter (RDM) to remain on the ground to achieve desired vegetation-management objectives.
•If prescribed herbivory trails or damaged areas form, the bare area shall be remediated by decompacting the soil and discontinuing
prescribed herbivory in the area until the trails are revegetated, as determined by a qualified professional.
•Excessive livestock grazing on steep slopes (generally slopes with more than 35 percent grade) shall be discouraged or avoided using
the methods described above (e.g., water and feed trough locations, stocking-rate equation) or fencing where determined appropriate by
a qualified professional.
•During surveys of active prescribed herbivory, conduct ongoing surveillance of installed erosion control features around riparian areas
and any fences installed.
•Repair damaged fencing or erosion-control features as necessary.
MM Geology-2: Erosion Control and Slope Stability Measures
In addition to Midpen’s erosion-control measures (IPMP BMP 28), control measures shall be implemented to ensure vegetation
management does not result in erosion, loss of topsoil, or slope instability in areas where work could expose bare soils or create loss of
root-soil matrix strength. General erosion-control measures are identified that apply to all projects.
Generally, if groundcover or native mulch/organic matter is determined to be less than 70 percent following work or if work is proposed to
occur on steep slopes (over 35 percent slope), then specific control measures, as identified here, shall be implemented as determined
appropriate by the qualified personnel. Other site conditions, such as unconsolidated soils or evidence of landslides, or the scale of project
proposed may trigger the need for the qualified personnel to determine that the control measures shall apply.
Prior to conducting work in any given area under any management action that could result in erosion or slope instability (e.g., prescribed
burns, tree removal, weed removal, or forest treatments that could reduce the groundcover and expose soil, or for infrastructure creation
such as new roads, pipelines, or water storage tanks) a review of site conditions shall be conducted. The review of site conditions may
include but is not limited to a desktop review of slope, LiDAR, historic evidence of landslides (e.g., Wentworth et al. 1997), local hazard
mapping and safety plans, proximity to infrastructure, and modeling of landslide susceptibility GIS data (e.g., Wills et al. 2011) as well as a
site visit for existing signs of erosion or slope instability (e.g., rills, slumped soil). Depending on the slope and the downslope resources that
could be impacted by slope failure (e.g., roads, waterbodies, or habitat), erosion-control and slope-stabilization measures shall be
determined prior to implementation of work, based on the list below. Generally, if an action would expose soils (leaving groundcover or
native mulch/organic matter less than 70 percent), then measures to protect soils, minimize erosion, and prevent slope instability shall be
implemented. In addition, management actions may be adjusted to achieve similar results.
The measures to be implemented shall depend on the site’s specific characteristics and the type and extent of vegetation management
work to be performed. The inspection and determination of appropriate measures shall be made by qualified personnel with knowledge and
experience (a qualified SWPPP developer [QSD] or a qualified SWPPP practitioner [QSP]; licensed geologist [P.G. or C.E.G.]; licensed
engineer; Registered Professional Forester [RPF]; etc.) in the application of erosion-control and slope-stabilization measures through
training or field experience with control-measure installation. The qualified personnel shall memorialize in writing their field observations
and corresponding recommendations regarding installation of control measures.
A licensed geologist or RPF shall conduct the site inspection for projects that would involve substantial grading or vegetation removala on
active slide areas, unstable areas, or unstable soils (as defined in the California Forest Practice Rules) if the following applies:
•in previously undisturbed soils; or
•up to 0.5-mile above or 0.25-mile below infrastructure, including potentially occupied structures.
A licensed geologist or RPF shall conduct site inspections for new road additions that are greater than 600 feet, regardless of the proximity
to active slide areas, unstable areas, or unstable soils. The licensed geologist shall identify specific control measures that must be
implemented, which may include but are not limited to the control measures identified in this mitigation measure. In areas that were
previously analyzed by an RPF or qualified geologist, the District shall review the prior recommendations for consistency with the proposed
activity and determine if a new review is warranted.
General Control Measures
Midpen and/or
Contractor
Midpen Any areas where
qualified personnel
determine erosion
and slope stability is
a concern (e.g., the
ground is disturbed
and soils are
exposed through
vegetation
management
activities areas on
steep slopes).
Before Activity: Inspect areas
prior to treatment to assess the
potential for erosion and soil
instability.
During Activity: Implement
protection measures as needed
to avoid or minimize erosion and
slope instability.
After Activity: Conduct
inspections as needed,
depending on the size and nature
of the work and the site, to
ensure that erosion is not
occurring and to remove any
erosion control devices once
they are no longer needed.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
28
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
The following measures shall be considered for implementation and required as determined appropriate by the qualified personnel during
work as applicable:
•Minimize areas to be disturbed to the greatest extent feasible.
•Shut down use of heavy equipment, skidding, and truck traffic when soils become saturated and unable to support the machines.
•No substantial ground disturbing work (e.g., use of heavy equipment, pulling large vegetation) shall occur during rain events and 48 hours
after a rain event, defined as 0.5 inch of rain within a 48-hour or greater period, using the NOAA website as the official record for rain
events.
Reduced Groundcover Control Measures
The following measures shall be considered for implementation and required as determined appropriate by the qualified personnel during
work if the activity may leave less than 70 percent of groundcover or native mulch/organic material as determined to be applicable by
qualified personnel:
•Sow native grasses and other herbs on denuded areas where natural colonization or other replanting will not occur rapidly; use slash or
chips to prevent erosion on such areas.
•Use surface mounds, depressions, logs, rocks, trees and stumps, slash and brush, the litter layer, and native herbaceous vegetation
downslope of denuded areas to reduce sedimentation and erosion, as necessary to prevent erosion or slope destabilization.
•Install approved, biodegradable erosion-control measures and non-filament-based geotextiles (e.g., coir, jute) when:
-Conducting substantial ground-disturbing work (e.g., use of heavy equipment, pulling large vegetation) within 100 feet and upslope of
currently flowing or wet wetlands, streams, lakes, and riparian areas;
-Causing soil disturbance on moderate to steep (10 percent slope and greater) slopes; and
-Removing invasive plants from stream banks to prevent sediment movement into watercourses and to protect bank stability.
•Sediment-control devices, if installed, shall be certified weed-free, as appropriate. Sediment- control devices shall be inspected daily
during active construction to ensure that they are repaired and working as needed to prevent sediment transport into the waterbodies.
Once work is completed, the areas shall be inspected at least annually if accessible, until groundcover exceeds 70 percent and slopes
have stabilized. At that time, erosion-control and slope-stability devices may be removed at the discretion of District staff.
Steep Slopes Control Measures
The following measures, in addition to the ones described above, shall be considered for implementation and required as determined
appropriate by the qualified personnel during work conducted on steep slopes (greater than 35 percent) and as determined to be
applicable by qualified personnel:
•Avoid use of heavy equipment on slopes greater than 35 percent unless qualified personnel determine that the specialized equipment
does not impact slope stability.
•Prescribed and pile burns shall be performed outside of perennial and intermittent streams and of riparian forest/ woodland. A 50-foot
buffer around perennial and intermittent streams shall be maintained when the burn is proposed upslope of the stream on slopes greater
than 35 percent.
•Avoid installation of cleared areas, including spur roads or staging areas, on steep slopes, particularly over 50 percent slope, where
feasible. Where not feasible, a licensed geologist/engineer or RPF shall be consulted, as required above. The licensed geologist/engineer
shall identify and require implantation of appropriate design and control measures including but not limited to those identified in Low-
Volume Roads Engineering (Keller & Sherar, 2003); Handbook for Forest, Ranch, and Rural Roads (Weaver, 2015); latest California Forest
Practice Rules; or other suitable engineering guidance, such as:
-Locate roads on well-drained soils and slopes where drainage moves away from the road
-Provide adequate surface drainage
-Avoid wet and unstable areas (seeps, springs, etc.)
-Use the natural topography to control or dictate the ideal location of road or cleared area (e.g., staging area); use saddles, follow
ridges, use bench areas, etc.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
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Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Recommendations provided in the assessment shall be implemented as needed to ensure that slope instability does not occur. When a
desktop review or site visit reveals that steep slopes (greater than 35 percent), active slides, unstable areas, or unstable soils (as defined in
the California Forest Practice Rules) are located above infrastructure, sensitive habitat, or structures potentially occupied by people, a
licensed geologist/engineer shall perform an assessment to evaluate whether the proposed intensive tree removal (e.g., removal of
eucalyptus grove/cluster rather than isolated trees), could cause erosion, further slope instability, or a public safety concern. Other
recommendations could include measures such as stabilizing slopes with mats or natural materials after tree removal and replanting to
bind soils.
Note:
a Substantial grading is defined as cuts above 3 feet and fill above 1.5 feet with lengths greater than 20 feet or removal of greater than
20 linear feet of shrubs and trees on an abandoned/little-used road on cross slopes greater than 55 percent. Substantial vegetation
removal is defined as removal of all vegetative cover (both aboveground and belowground root structure for shrubs; aboveground for
trees) for an area with a cross slope greater than 55 percent and in excess of 20 linear feet in any direction.
MM Geology-3: Fire Lines During Prescribed Burns
The following measures shall be implemented during prescribed burns to reduce erosion from fire lines:
•Use existing barriers such as roads, trails, or wet lines as fire lines. If new fire lines must be established for a prescribed burn, fire lines
shall be restored as described below.
•Restore fire lines upon completion of the burn if they are not used again (unless they are existing roads, trails, or other permanent
elements). Utilize erosion-control measures, such as sediment traps, during restoration to reduce sedimentation impacts. Complete
restoration activities within one month after a fire line is created unless the fire line is planned to be used during another burn within one
year. Restore all fire lines that do not use existing infrastructure (i.e., roads, trails, or other permanent elements) within one year of use.
Rehabilitation methods may include use of a hydromulch with locally collected, genetically appropriate, native species; pulling duff, litter,
and cut material back over lines; and/or distribution of locally chipped fuels on the lines.
•Design prescribed burn boundaries to avoid gullies and highly erodible soils to the fullest extent possible.
Midpen and/or
Contractor
Midpen Prescribed burn
sites.
Before Activity: Determine fire
lines.
During Activity: Set up provisions
as specified in the measure.
After Activity: Restore fire lines
that will no longer be used upon
completion of work.
MM Geology-4: Soil Assessment for Construction of New Water-Supply Pipelines
The following soil-assessment measures shall be implemented to ensure significant risks to life or property do not occur as a result of
water-supply pipeline construction in an expansive soil in Ravenswood OSP or Stevens Creek Shoreline Nature Area:
1. Consult appropriate GIS data (e.g., USDA, 1991; USDA, 2015) to determine if expansive soils may be present within the proposed
construction site.
2.Conduct a field assessment using a proven scientific test or method, such as a soil expansion index test, to verify presence of
expansive soils on the site.
3.If verified to be present, determine if the expansive soils can be avoided through design specifications. If appropriate design
measures cannot be utilized to avoid expansive soils, no excavated soil shall be used for fill during construction; instead, clean fill
soils with a low expansion potential shall be used.
Midpen and/or
Contractor
Midpen Locations of new
water-supply
pipeline construction
in Ravenswood OSP
or Stevens Creek
Shoreline Nature
Area.
Before Activity: (1) Obtain
permits if appropriate and (2)
prepare plans and design
specifications according to
results of soil assessment.
During Activity: Monitor
construction and ensure proper
construction practices are
implemented.
After Activity: Verify appropriate
soils were used during
construction.
Hazards, Hazardous Materials, and Wildland Fire
MM Hazards-1: Avoidance of Contaminated Sites
To prevent exposure of workers to hazards or release of contamination into nearby waterways or clean soils, the following shall be
conducted prior to any work within the boundary of any known contaminated sites or contaminated sites listed on government databases
(e.g., the former Almaden AFS, Madonna Creek Ranch):
•Existing data and reports on the areas of contamination and remediation, or the SFBRWQCB, shall be consulted and a map prepared
identifying any areas with residual contamination (e.g., lead paint, asbestos, petroleum) that are still present after remediation. This map
shall be updated at least annually if any fire management activity is proposed in the area.
Midpen and/or
Contractor
Midpen Known
contaminated sites
(e.g., Former
Almaden AFS within
Sierra Azul OSP,
Madonna Creek
Ranch within
Miramontes OSP).
Before Activity: Review data and
reports and prepare or update
map of contaminated areas.
During Activity: Consult map and
avoid areas of residual
contamination or avoid ground
disturbing activities, depending
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
30
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
•The areas identified on the map as containing residual contamination shall be avoided either entirely (e.g., no cutting or entrance into
site) or ground disturbing activities avoided (e.g., vegetation cutting allowed), depending upon a determination made by qualified
personnel.
on determination made by
qualified personnel.
After Activity: N/A
MM Hazards-2: Fire Risk Reduction for Stockpiling and Pile Burning
The following measures shall be implemented to reduce hazards associated with pile burning:
•Pile burning shall only be allowed on days when fire is less likely to spread (e.g., wind speeds are less than 15 mph).
•Piles shall not be constructed in areas where burning cannot be safely controlled, such as bottoms of steep, vegetated hills.
•Piles shall be set back from roads and trails at a distance specified by Midpen to minimize risk to recreationalists and other users.
•All requirements of CAL FIRE or the BAAQMD or MBARD shall be met, including any permit, notification, burn bans, and reporting
requirements.
•Public notification shall be provided at least 24 hours in advance of less than 10 pile burns (defined as 10-foot-wide by six-foot-high) to
immediately adjacent residents (within 1,000 feet), and at trailheads and access roads leading to the area with piles proposed for burning.
For 10 or more piles (defined as 10-foot-wide by six-foot-high), noticing shall extend to residents within 1 mile. The public notification shall
include current contact numbers to the appropriate burn coordinator.
Midpen and
Contractor
Midpen Wherever stockpiles
of slash are made
and piles burned.
Before Activity: Notify public and
obtain all permits and make all
necessary notifications as
required by BAAQMD and
MBARD.
During Activity: (1) Ensure that
piles are located appropriately
and (2) ensure proper weather
conditions during pile burning.
After Activity: N/A
MM Hazards-3: Safety Around Prescribed Burns
Trails and Midpen-Owned or Managed Roads
Midpen-owned or managed roads and trails shall be closed to public recreational and other unaffiliated private vehicle (e.g., County or
private landowner vehicles on Midpen managed but not owned land) access within at least 500 feet of the outermost edges of a prescribed
burn (or less with Burn Boss and Midpen concurrence). Midpen-owned or managed roads and trails shall be posted and blockaded with
temporary fencing or the like. Notices of closures shall be posted at the trail heads or road entrances and on Midpen’s website. Additional
measures, such as staffing trail head closures, can be implemented as needed.
Public Roads
If possible, public roads within 500 feet of the outermost edges of a prescribed burn shall be closed in coordination with the appropriate
agency (e.g., Caltrans). In the event this is not feasible due to volume of traffic or lack of alternative routes, a Traffic Control Plan shall be
prepared and adopted in coordination with the appropriate agency. The Traffic Control Plan shall be designed to allow safe passage along
roads adjacent to a prescribed burn and shall include the following at a minimum:
•Requirement to coordinate with local law enforcement (e.g., County Sheriff, California Highway Patrol).
•Installation of temporary signage at intervals ahead of and adjacent to the prescribed burn indicating that a prescribed burn is in
progress.
•Use of flaggers to slow traffic during the burn or stop traffic if wind conditions shift, resulting in smoke crossing the road.
Midpen and
Contractor
Midpen Within 500 feet of the
outer edges of a
prescribed burn.
Before Activity: (1) Post notices
of closures at trailheads and
online and (2) prepare a Traffic
Control Plan, if required.
During Activity: (1) Place
blockades along Midpen-owned
or managed roads and trails, (2)
staff closures of Midpen-owned
or managed roads and trails, if
needed, and (3) implement a
Traffic Control Plan for public
roads adjacent to prescribed
burns, if needed.
After Activity: Remove blockades
and signage.
Hydrology and Water Quality
MM Hydrology-1: Water Quality Protection During Waterway Crossing or Work Near Waterbodies
Vehicles and heavy equipment shall avoid new instream crossings. On rare occasions, such as to perform work to create or maintain FRAs,
equipment may need to access off an existing road into a treatment area through a waterbody. If instream (waterway) crossings must
occur because no other options for access are reasonably available, the crossing shall be performed when the stream is dry and soils are
not saturated. The crossing shall be performed in a way that does not result in any permanent alteration of the stream bank or bed (e.g.,
choosing areas with stable soils and the least slope or with vegetation to protect the bed and bank). If water is flowing or the stream has
flow or saturation, temporary plates or the equivalent shall be installed from bank to bank for equipment access across the waterway.
Increased use of existing stream crossings may require upgrades and/or re-engineering of the existing road or water crossing structure. If
a new instream crossing or refurbishment of an existing crossing that could impact the bank or bed or riparian vegetation is needed, the
crossing shall only be performed after and in accordance with the appropriate 1602 Streambed Alteration Agreement from CDFW and
Midpen and
Contractor
Midpen Anywhere vehicles
and heavy
equipment must
cross streams or
creeks (waterways).
Before Activity: (1) Obtain
permits and (2) install plates or
record vegetative conditions, as
appropriate.
During Activity: Minimize soil or
vegetation disturbance, as
appropriate.
After Activity: Restore crossing
area.
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
31
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Section 404 and 401 Clean Water Act permits. All soils shall be restored after the instream crossing and banks revegetated, as needed,
after the work is completed, in accordance with permits.
Noise
MM Noise-1: Noise Restrictions
Construction Noise Standards
Midpen shall determine the jurisdiction(s) within which an activity is proposed and identify the applicable noise standards. For activities in
unincorporated areas, the specific buffers identified in this measure shall apply. For activities in incorporated areas, Midpen shall
determine if the standards have a numeric limit and calculate adequate buffers between noise-generating activities and specified land
uses (e.g., residential) as appropriate.
Construction Hours
All construction hours identified in the local noise ordinances shall be followed.
Buffer Zones (Santa Clara and Santa Cruz counties)
Buffer zones shall be established to reduce noise at sensitive receptors to the maximum extent feasible to reduce noise to the conditional
limits identified by Santa Clara and Santa Cruz counties’ noise ordinances.
The buffer zone distances are shown below that identify the distances needed for noise levels to remain below 75 dBA Leq for work
occurring less than 10 days, and below 60 dBA Leq for work occurring for 10 days or longer in Santa Clara County and below 75 dBA Leq for
Santa Cruz County. These distances do not need to be implemented where it is not technically feasible to implement them per the
applicable noise ordinances that requires that noise must only be reduced where it is possible to do so (i.e., Santa Clara County Noise
Ordinance, or considering the necessity of the work in Santa Cruz County).
A violation of the noise ordinances would only occur where the noise exceeded the conditional limits set by the jurisdiction, but there is a
feasible way to reduce that noise (e.g., placing a chipper within 50 feet of a receptor when it could feasibly be placed 100 feet away is a
violation, but using a chainsaw to cut a large hazard tree within 50 feet of a sensitive receptor would not be a violation assuming no other
feasible methods to remove that tree are available).
Equipment Approximate Buffer Between Equipment and
Sensitive Receptors (feet) – for Work Occurring in
One Location for Less Than 10 Days (Not to Exceed
75 dBA Leq) in Santa Clara County or for any work
duration in Santa Cruz County
Approximate Buffer Between Equipment and
Sensitive Receptors (feet) – for Work Occurring in
One Location for 10 Days or Longer (Not to Exceed
60 dBA Leq) in Santa Clara County
Chipper 100 568
Tractor 90 506
Generator/ water pump 71 402
Chainsaw/ excavator 64 358
Skid steer -- 284
Backhoe/ brushcutter -- 254
Fire engine/ crane -- 226
Leaf blower -- 201
Pickup truck -- 179
Power pole saw -- 80
Midpen and/or
Contractor
Midpen Midpen lands near
sensitive receptors.
Before Activity: Notify affected
parties one week before, if
applicable.
During Activity: (1) A designated
coordinator shall ensure that
either setbacks or other
conditions are implemented or
affected parties are properly
notified (if setbacks are not
feasible) and (2) a buffer shall be
maintained between receptor
and equipment, if needed and
appropriate.
After Activity: N/A
EXHIBIT A
MITIGATION, MONITORING, AND REPORTING PROGRAM
Final Program EIR for the Wildland Fire Resiliency Program ● April 2021
32
Mitigation Measure Implementation
Responsibility
Monitoring
Responsibility
Applicable
Locations
Timing and Performance
Standards
Compliance
Verification
Minimization Measures and Disturbance Coordinator
If these restrictions are not implementable between the receptors and a given location, Midpen shall notify the resident or contact at the
sensitive receptor within one week of conducting the activity to schedule the activity. Activities shall be coordinated to minimize
disturbance to the receptor, such as conducting the work when no one is there. Engineering controls could also be used, if feasible, to
keep noise levels below 75 dBA Leq for work occurring in one location for less than 10 days or 60 dBA Leq for work occurring in one
location for 10 days or longer. Midpen shall designate a disturbance coordinator to address any noise complaints under these
circumstances. The noise coordinator can be the person performing the work.
Transportation
MM Transportation-1: Emergency Responders and Access
The following measures shall be implemented to ensure emergency access is maintained:
1.At least one week prior to temporary lane or full closure of a public road, Midpen shall contact the appropriate emergency
response agency/agencies with jurisdiction (e.g., CalTrans, County, City) to ensure that each agency is notified of the closure and
any temporary detours in advance.
2.In the event of an emergency, roads (public roads, and Midpen-owned or managed roads) or access trails blocked or obstructed
by activities shall be cleared to allow emergency vehicles to pass.
3.During temporary lane or road closures on public roads, Midpen shall use flaggers equipped with two-way radios. During an
emergency, flaggers shall radio to the crew to cease operations and reopen the public road to emergency vehicles.
4.In work areas, all vehicles and equipment shall be parked so the road is not blocked or obstructed when there is no operator
present to move the vehicle.
Midpen and/or
Contractor
Midpen All locations where
roads or access
trails may be
blocked to perform
activities.
Before Activity: Inform
emergency responders of public
road closures.
During Activity: (1) Ensure
flaggers and crew are equipped
with two-way radios on public
roads, (2) clear roads and access
trails in the event of an
emergency, and (3) park vehicles
and equipment so as not to
obstruct the roadway.
After Activity: N/A
EXHIBIT A