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HomeMy Public PortalAboutResolution - 16-05- 20160309 - ISMND Stevens Creek BridRESOLUTION NO. 16-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A MITIGATED NEGATIVE DECLARATION INCLUDING A MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE MONTE BELLO OPEN SPACE PRESERVE BRIDGE PROJECTS I. The Midpeninsula Regional Open Space District ("MROSD") is a lead agency, as provided for under section 21067 of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 et seq.). II. An Initial Study and Mitigated Negative Declaration (collectively referred to as the MND), attached to the MROSD Board Report, dated March 9, 2016, and incorporated into this Resolution as if fully set forth herein; was prepared for the Monte Bello Open Space Preserve Bridge Projects ("Project") pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations sections 15000 et seq.). ill. A Notice oflntent (NOI) to adopt a MND was distributed to the California Office of Planning and Research's State Clearinghouse, interested agencies, individuals, adjacent property owners, and nearby residents, and posted in a general circulation newspaper, at the County of Santa Clara Clerk Recorder's Office, and on the MROSD website, notifying all interested parties of the availability and 30-day public review period of the MND from January 27, 2016 to February 27, 2016. Copies of the full MND were available on the MROSD website, at the MROSD Administrative Office at 330 Distel Circle, Los Altos, CA 94022, and printed copies were available upon request. IV. The MND identified potentially significant adverse impacts on the environment, including specific impacts to Air Quality, Biological Resources, Cultural Resources, Geology, Soils, and Seismicity, Hazards and Hazardous Materials, and Hydrology and Water Quality and found that mitigation for the proposed Project would avoid or mitigate these impacts to below a level of significance by adoption and implementation of the proposed mitigation measures as part of the Project and through implementation of the Mitigation Monitoring Program (MMP). V. A Mitigation Monitoring Program (Exhibit A) was prepared to ensure compliance with the MND's mitigation measures and attached to the MROSD Board Report, dated March 9, 2016, and incorporated into this Resolution as if fully set forth herein. VI. On March 9, 2016, the Board of Directors ofMROSD conducted a duly noticed public meeting whereby all oral and written comments received during the public review period and a staff recommendation for approval of the MND were presented to the Board of Directors ofMROSD. The Board of Directors of MROSD reviewed and considered the information in the MND, administrative record, and Staff Reports for completeness and compliance with CEQA and the CEQA Guidelines. Resolu1ions/2016/16--0S_Montc Bello OSP Bridge Projcc1�Adop1 MND 1 NOW, THEREFORE, BE IT RESOLVED that, based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented, the MROSD Board of Directors finds that: 1. The MND and NOI were prepared and publicly noticed in accordance with all legal requirements pursuant to the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 et seq.) and the CEQA Guidelines (14 Cal. Code. Regulations sections 15000 et seq.). 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the MROSD Board of Directors and all comments raised during the public comment period and at the public meeting on the MND were responded to adequately. 3. Prior to approving the Project, the MROSD Board has considered the MND, along with all comments received during the public review process. 4. The MND identified all potentially significant impacts to the environment and finds potentially significant impacts will be mitigated to less than significant or avoided by adoption of the mitigation measures as described in the MND as part of the Project and through implementation of the MMP. 5. The MROSD Board finds that, on the basis of the whole record before it, including the MND and all comments received, there is no substantial evidence that the Project will have a significant effect on the environment in that, although the Project could have a significant effect on the environment, there will not be a significant effect since Mitigation Measures have been made a part of the Project to avoid such effects. 6. The MROSD Board determines that the MND reflects MROSD's independent judgment and analysis and adopts the MND. 7. The MROSD Board adopts the MMP and finds that these mitigation measures are fully enforceable conditions on the Project and shall be implemented as part of the Project. 8. The location and custodian of the documents or other material which constitute the record of proceedings upon which this decision is based are located at the offices of the General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space DistJ.ict on March 9, 2016, at a regular meeting thereof, by the following vote: AYES: NOES: CYR, HASSETT, KISHIMOTO, RIFFLE, SIEMENS NONE ABSTAIN: NONE ABSENT: BANKO, BARRIS Rcsotu1io11sf.lOJ6/J6°0S_Mon1c Bello OSP Bridge Projccis-Adopt MND 2 ATTEST: ·") if:/f) 'I, ,,, AM� Seer�@ APPROVED: Board of Directors APPROVED AS TO FORM: I, the District Clerk of the Mid peninsula 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. Rcsolutions/2016116·05_Monlc Bello OSP Bridge Projects-Adopt MND 3 Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA EXHIBIT A MITIGATION MONITORING PROGRAM Monte Bello Open Space Preserve Bridge Projects Monte Bello Open Space Preserve State Clearinghouse Number: 2016012050 Santa Clara County, CA January 19, 2016 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 2 MONTE BELLO OPEN SPACE PRESERVE MONTE BELLO OPEN SPACE PRESERVE BRIDGE PROJECTS MITIGATION MONITORING PROGRAM This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITGATION MONITORING PROGRAM Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying and environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the Monte Bello Open Space Preserve Bridge Projects at Monte Bello Open Space Preserve (the project). These mitigations are reproduced from the Mitigated Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized by order in which they appear in the Mitigated Negative Declaration. Who will verify? This column references the District staff that will ensure implementation of the mitigation. Agency / Department Consultation: This column references any public agency or District Department with which coordination is required to ensure implementation of the mitigation. California Department of Fish and Wildlife is listed as CDFW. The United States Fish and Wildlife Service is listed as USFWS. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 3 Any person or agency may file a complaint asserting noncompliance with the mitigation measure associated with the project. The complaint shall be directed to the District’s General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with the mitigation has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 4 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) Mitigation in Section 3.b (AIR-1) : During construction activities, the Applicant shall require staff and/or the construction contractor(s) to implement a dust abatement program that includes, but is not necessarily limited to, the following BAAQMD-recommended measures as needed, to control dust: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping shall be prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • 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, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. During construction District Project Manager or their designee N/A Mitigation in Section 4.a (BIO-1a) A qualified botanist shall conduct appropriately timed surveys for special-status plant species with a moderate or high potential to occur in the study area in all suitable habitat that would be potentially disturbed by the project. Surveys shall be conducted following the current CDFW protocol (CDFG, 2009). If no special-status plants are found during focused surveys, the botanist shall document the findings of found species in a letter to CDFW, and no further mitigation will be required. Prior to construction District Natural Resource Staff or Qualified Botanist Botanist, CDFW, USFWS Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 5 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) If special-status plants are found during focused surveys, the following measures shall be implemented: 1. Information regarding the special-status plant populations shall be reported to the CNDDB, mapped, and documented in a technical memorandum provided to MROSD. 2. If federally or state listed species are present, MRSOD shall comply with the federal and State Endangered Species Acts through consultation with USFWS and CDFW, respectively. 3. If any population can be avoided during project implementation, it shall be clearly marked in the field by a qualified botanist and avoided during construction activities. Before ground clearing or ground disturbance, all on-site construction personnel shall be instructed as to the species’ presence and the importance of avoiding impacts to this species and its habitat though the Worker Environmental Awareness Program training (see Mitigation Measure BIO-1b). 4. If special-status plant populations cannot be avoided, MROSD shall consult with CDFW to coordinate relocation of special-status plants. To the extent feasible, special-status plants that would be impacted by the project shall be relocated within local suitable habitat. This can be done either through salvage and transplanting or by collection and propagation of seeds or other vegetative material. Any plant relocation would be done under the supervision of a qualified biologist. 5. If more than two years elapses between the focused floristic surveys and commencement of ground disturbance activities, or if project construction spans multiple years, a final set of appropriately timed focused botanical surveys shall be conducted and populations mapped. The results of these final surveys shall be combined with previous survey results to produce habitat maps showing habitat where the special-status plants have been observed during either of the focused floristic surveys conducted Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 6 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) for the project. Mitigation in Section 4.a, 4.c, 4.d (BIO-1b) A project-specific Worker Environmental Awareness Program (WEAP) training shall be developed and implemented by a qualified biologist for the project and attended by all construction personnel prior to beginning work onsite. The training could consist of a recorded presentation that could be reused for new personnel. The WEAP training shall generally include but not be limited to the following: 1. Applicable State and federal laws, environmental regulations, project permit conditions, and penalties for non-compliance; 2. Special-status plant and animal species with potential to occur at or in the vicinity of the project site (i.e. California red-legged frog, San Francisco garter snake, foothill yellow-legged frog, red-bellied newt, special-status and migratory birds, special-status bats, and San Francisco dusky-footed woodrat), their habitat, the importance of these species and their habitat, the general measures that are being implemented to conserve these species as they relate to the project, and the boundaries within which the project construction shall occur, avoidance measures, and a protocol for encountering such species including a communication chain; 3. Pre-construction surveys and biological monitoring requirements associated with each phase of work and at each project site; 4. Known sensitive resource areas in the project vicinity that are to be avoided and/or protected as well as approved project work areas; and 5. Best management practices (BMPs) and their location on the project site for erosion control and/or species exclusion. Prior to construction District Natural Resource Staff or Qualified Biologist Biologist Mitigation in Section 4.a, 4.c, (BIO-1c) MROSD shall ensure that the following general measures are implemented by the contractor while working in the project site during construction to prevent and minimize impacts on special- During construction District Project Manager or CDFW, USFWS Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 7 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) 4.d status species and sensitive biological resources: 1. Project-related vehicles shall observe a 15 mile-per-hour speed limit on unpaved roads in the project site. 2. No firearms or pets shall be allowed in the project site. 3. The contractor shall provide closed garbage containers for the disposal of all food-related trash items. All garbage shall be collected daily from the project site and placed in a closed container from which garbage shall be removed weekly. Construction personnel shall not feed or otherwise attract fish or wildlife to the project site. 4. As necessary, erosion control measures shall be implemented to prevent any soil or other materials from entering any nearby aquatic habitat. Erosion control measures shall be installed adjacent to aquatic habitat to prevent soil from eroding or falling into the area. 5. Erosion control measures shall be implemented as described in Mitigation Measure HYD-1. Sediment control measures shall be furnished, constructed, maintained, and later removed. Plastic monofilament of any kind (including those labeled as biodegradable, photodegradable, or UV-degradable) shall not be used. Only natural burlap, coir, or jute wrapped fiber rolls shall be used. 6. If vehicle or equipment maintenance is necessary, it shall be performed in designated upland staging areas (not at either creek work site), and spill kits containing cleanup materials shall be available onsite. Maintenance activity and fueling must occur away at least 100 feet from waters of the United States. 7. No equipment used in support of project implementation (e.g. small bobcat or motorized wheelbarrow) shall enter or cross creeks while water is flowing. 8. Project personnel shall be required to report immediately any harm, injury, or mortality of a listed species (federal or State) their designee Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 8 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) during construction, including entrapment, to the construction foreman, qualified biologist, or MROSD staff. MROSD staff or their consultant shall provide verbal notification to the USFWS Endangered Species Office in Sacramento, California, and/or to the local CDFW warden or biologist (as applicable) within 1 working day of the incident. MROSD or their consultant shall follow up with written notification to the appropriate agencies within 5 working days of the incident. All special-status species observations shall be recorded on California Natural Diversity Data Base (CNDDB) field sheets and sent to the CDFW by the MROSD staff or their consultant. 9. The spread of invasive non-native plant species and plant pathogens shall be avoided or minimized by implementing the following measures: a. Construction equipment shall arrive at the project clean and free of soil, seed, and plant parts to reduce the likelihood of introducing new weed species. b. Any imported fill material, soil amendments, gravel, or other materials required for construction and/or restoration activities that will be placed within the upper 12 inches of the ground surface shall be free of vegetation and plant material. c. Certified weed-free imported erosion control materials (or rice straw in upland areas) shall be used exclusively, if possible. d. To reduce the movement of invasive weeds into uninfested areas, the contractor shall stockpile topsoil removed during excavation (e.g., during excavation of bridge supports) and shall subsequently reuse the stockpiled soil for re-establishment of disturbed project areas. Mitigation in Section 4.a, 4.c, (BIO-1d) The following conservation measures shall be implemented to minimize or eliminate potential adverse impacts on California red-legged frog, San Francisco garter snake, foothill Prior to and during construction District Natural Resource Biologist, CDFW Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 9 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) 4.d yellow-legged frog, and red-bellied newt during project-related activities: 1. MROSD staff or their consultant shall submit the name and credentials of biologists qualified to act as the biological monitor to CDFW for approval at least 15 days before construction work begins. General minimum qualifications are a 4-year degree in biological sciences or other appropriate training and/or experience in surveying, identifying, and handling California red-legged frogs (CRLF), San Francisco garter snake (SFGS), and foothill yellow-legged frog (FYLF). A “take” permit from USFWS will not be pursued for the project, therefore CRLF and SFGS would not be relocated if encountered in project areas but allowed to disperse of their own volition while all work is halted within 50 feet of individuals. If a CRLF is not dispersing on its own volition, the on-site biologist shall monitor the frog while work continues, as long as the on-site biologist can ensure the safety of the frog. A take permit is not required for foothill yellow-legged frog as the species is not federally-listed threatened or endangered; however, CDFW may condition qualified biologists to relocate FYLF under the project’s 1602 lake and streambed alteration agreement. 2. A CDFW-approved biologist shall survey the work sites 2 weeks before the onset of construction for CRLF, SFGS, FYLF, and red-bellied newt to determine presence (and life stage) of these species within the project sites. Additionally, a CDFW-approved biologist shall conduct a pre-construction survey of the project work areas for CRLF, SFGS, FYLF, and red-bellied newt immediately prior to the start of construction activities. The surveys will consist of walking the project limits and within the project sites to ascertain presence of these species. If CRLF or SFGS are found, individuals shall not be disturbed but allowed to disperse on their own volition. Should CRLF egg masses, metamorphs, or tadpoles be found, a 100-foot no- Staff or their designee Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 10 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) disturbance buffer shall be established around the location(s) until juveniles disperse from the breeding sites. If a CRLF is not dispersing on its own volition, the on-site biologist shall monitor the frog while work continues, as long as the on-site biologist can ensure the safety of the frog. The CDFW-approved biologist shall immediately inform the construction manager that work should be halted or modified (in the case of a buffer or non-dispersing individual), if necessary, to avert avoidable take of listed species. If adult FYLF or red-bellied newts are found during surveys, they will be relocated outside of the work area by a CDFW-approved biologist. Should egg masses, metamorphs, or tadpoles of these species be found, a 100-foot no-disturbance buffer shall be established around the location(s) until juveniles disperse from the breeding site, as determined by a qualified biologist, or in coordination with CDFW. The specific methods for handling amphibians and decontamination shall follow USFWS (2005) and USGS (2015) protocols, respectively. These protocols describe field equipment maintenance, disinfection, and field hygiene procedures designed to minimize potential spread of pathogens when handling amphibians. 3. Project work areas will be monitored by a CDFW-approved biologist (qualified biological monitor) during fence installation and ground disturbing activities to identify, capture, and relocate non-listed sensitive amphibians (FYLF and red-bellied newt) if found, and halt or observe work in the vicinity of CRLF and SFGS if encountered onsite. The biologist shall have the authority to stop construction activities and develop alternative work practices, in consultation with construction personnel and resource agencies (as appropriate), if construction activities are likely to affect special‐status species or other sensitive biological resources. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 11 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) 4. To the extent feasible, MROSD and its contractors shall initiate work within Stevens Creek and Tributary Creek banks between May 1 and November 1 (i.e., generally identified as the nonbreeding season). Installation of the bridge components that would not disturb the creek channels or banks (i.e. placement of the wooden platform and railings) is not restricted to this time period. 5. MROSD or its contractors shall install temporary exclusion fencing around key project boundaries, including all project staging areas, bridge installation work areas, and the trail realignment work areas at the Tributary Creek and Stevens Creek work sites. o Fencing shall be installed immediately prior to the start of construction activities under the supervision of a qualified biologist. o The MROSD shall ensure that the temporary exclusion fencing is continuously maintained until all construction activities are completed. o MROSD shall ensure daily visual inspections of the fence for any amphibians or reptiles that may get stuck by the fence, including weekends. These daily checks shall be conducted by the qualified biological monitor for the first week of construction. If no species are observed, the qualified biological monitor may train the contractor to conduct daily inspections and call the biologist if any species are encountered. o The fence shall be CDFW-approved species exclusion fencing, with a minimum height of 3 feet above ground surface, with an additional 4 to 6 inches of fence material buried such that species cannot crawl under the fence, and shall include escape funnels to allow species to exit the work areas. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 12 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) o The exclusion fence shall not cross Stevens Creek or Tributary Creek to allow wildlife movement to continue through the creek corridors when work is not occurring. 6. All excavations of a depth of 8 inches or greater shall be covered at the end of each workday, or escape ramps shall be installed at a 3:1 grade to allow wildlife that fall in a means to escape. 7. Vehicles or equipment parked overnight at the project staging areas or creek sites shall be inspected for harboring species each morning by the qualified biological monitor before vehicles or equipment are moved. 8. Project areas disturbed by vegetation removal, grading of temporary staging areas, excavation to accommodate bridge removal at Site 1 or bridge installation, and abandoned trail alignments shall be restored and monitored for success according to methods described in Mitigation Measure BIO -2, below. Mitigation in Section 4.a (BIO-1e) Nesting birds and their nests shall be protected during construction by use of the following measures: 1. Vegetation removal, tree trimming, and removal shall occur outside the bird nesting season (nesting season is defined as February 1 to August 30), to the extent feasible. 2. If vegetation removal, tree trimming, and removal during bird nesting season cannot be fully avoided, a qualified wildlife biologist shall conduct pre-construction nesting surveys within 7 days prior to the start of such activities or after any construction breaks of 14 days or more. Surveys shall be performed for the individual project sites, vehicle and equipment staging areas, and suitable habitat within 250 feet in order to locate any active passerine (perching bird) nests and within 500 feet of these individual sites to locate any active raptor (birds of prey) nests. 3. If active nests are located during the pre-construction nesting bird surveys, the wildlife biologist shall evaluate if the schedule Prior to and during construction District Natural Resource Staff or Qualified Biologist Wildlife biologist, CDFW Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 13 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) of construction activities could affect the active nests and the following measures shall be implemented based on their determination: a. If construction is not likely to affect the active nest, it may proceed without restriction; however, a biologist shall regularly monitor the nest to confirm there is no adverse effect and may revise their determination at any time during the nesting season. In this case, the following measure would apply: i. If construction may affect the active nest, the biologist shall establish a no disturbance buffer. Typically, these buffer distances are between 25 feet and 250 feet for passerines and between 300 feet and 500 feet for raptors. These distances may be adjusted depending on the level of surrounding ambient activity (i.e., if the project site is adjacent to a road or active trail) and if an obstruction, such as a large rock formation, is within line-of-sight between the nest and construction. For bird species that are federally and/or State-listed sensitive species (i.e., fully protected, endangered, threatened, species of special concern), an MROSD representative, supported by the wildlife biologist, shall consult with r CDFW regarding modifying nest buffers, prohibiting construction within the buffer, modifying construction, and removing or relocating active nests that are found on the site. 4. Any birds that begin nesting within the project site and survey buffers amid construction activities shall be assumed to be habituated to construction-related or similar noise and disturbance levels and no work exclusion zones shall be established around active nests in these cases; however, should birds nesting nearby begin to show disturbance associated with construction activities, no-disturbance buffers shall be established as determined by the qualified wildlife biologist. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 14 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) Mitigation in Section 4.a (BIO-1f) In coordination with the MROSD, a pre-construction survey for special-status bats shall be conducted by a qualified wildlife biologist in advance of tree trimming or removal at both Site 1 and Site 2 and prior to disturbance to the existing bridge at Site 1, to characterize potential bat habitat and identify active roost sites. Should potential roosting habitat or active bat roosts be found in trees, existing structures, and/or rock crevices or outcrops to be disturbed under the project, the following measures shall be implemented: 1. Trimming or removal of trees, disturbance to existing structures and rock crevices or outcrops shall occur when bats are active, approximately between the periods of March 1 to April 15 and August 15 to October 15; outside of bat maternity roosting season (approximately April 15 to August 15) and outside of months of winter torpor (approximately October 15 to February 28), to the extent feasible. 2. If trimming or removal of trees, disturbance to existing structures and rock crevices or outcrops during the periods when bats are active is not feasible and bat roosts being used for maternity or hibernation purposes are found on or in the immediate vicinity of the project site where these activities are planned, a no-disturbance buffer of 100 feet shall be established around these roost sites until they are determined inactive by a qualified wildlife biologist. A 100-foot no disturbance buffer is a typical protective buffer distance however may be modified by the qualified wildlife biologist depending on existing screening around the roost site (such as dense vegetation or a large rock formation) as well as the type of construction activity which would occur around the roost site. For bat species that are considered State sensitive species (i.e. any of the species of special concern with potential to occur on the project site), an MROSD representative, supported by the qualified wildlife biologist, shall consult with CDFW regarding Prior to and during construction District Natural Resource Staff or Qualified Biologist Wildlife biologist, CDFW Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 15 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) modifying roosts buffers, prohibiting construction within the buffer, and modifying construction around maternity and hibernation roosts. 3. The qualified wildlife biologist shall be present during tree trimming and disturbance to rock crevices or outcrops if bat roosting habitat or active non-maternity or hibernation bat roosts are present (e.g. daytime bachelor roosts). Trees, existing structures, and rock crevices with roosts shall be disturbed only when no rain is occurring or is forecast to occur for 3 days and when daytime temperatures are at least 50 degrees Fahrenheit (°F). 4. Trimming or removal of trees, containing or suspected to contain non-maternity or hibernation bat roost sites shall be done under supervision of the qualified biologist and follow a two-step removal process. a. On the first day of tree trimming or removal and under supervision of the qualified wildlife biologist, branches and limbs not containing cavities or fissures in which bats could roost, shall be cut only using chainsaws. b. On the following day and under the supervision of the qualified wildlife biologist, the remainder of the tree or structure may be removed, either using chainsaws or other equipment (e.g. excavator or backhoe). 5. Existing structures, rock crevices or outcrops containing or suspected to contain non-maternity or hibernation bat roosts within the project site shall be disturbed or dismantled under the supervision of the qualified wildlife biologist in the evening and after bats have emerged from the roost to forage. These areas shall be modified to significantly change the roost conditions, causing bats to abandon and not return to the roost. Mitigation in Section (BIO-1g) In coordination with the MROSD, a pre-construction survey for San Francisco dusky-footed woodrat middens shall be Prior to and during construction District Natural Wildlife biologist, Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 16 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) 4.a conducted by a qualified wildlife biologist prior to the start of construction in suitable habitat within and surrounding the project sites, staging areas, and access roads. Active middens identified during surveys within the project sites, staging areas, or along access roads shall be flagged as a sensitive resource and avoided during construction, if feasible. Should avoidance of active woodrat middens within the project site not be feasible, an MROSD representative, supported by the wildlife biologist, shall consult with CDFW regarding dismantling the middens by hand for relocation outside of the project areas, and shall dismantle the middens under the supervision of a qualified wildlife biologist. If young are encountered during dismantling of the nest, material shall be replaced and a 50-foot no-disturbance buffer shall be established around the active midden. The buffer shall remain in place until young have matured enough to disperse on their own accord and the midden is no longer active. Nesting substrate shall then be collected and relocated to suitable woodland habitat outside of the project area of disturbance. Appropriate safety gear (e.g., respirator, gloves, and tyvek suit) shall be used by the qualified wildlife biologist while relocating woodrat nests. Resource Staff or Qualified Biologist CDFW Mitigation in Section 4.b (BIO-2) 1. MROSD or its contractor shall restore riparian habitat disturbed during project construction at Site 1 along Tributary Creek and Site 2 along Stevens Creek, at adjacent access areas along the creek corridors, and the trail realignment footprints to pre-project conditions following project completion, as described below. 2. During special-status plant surveys described in BIO-1a, botanists shall document baseline conditions of areas to be disturbed under the Project such as species composition and percent cover. This information shall be used to determine success of 1) restored areas following construction completion, and 2) areas left to revegetate through self-recruitment. Prior to and following project construction District Natural Resource Staff or their designee Botanist, CDFW Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 17 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) 3. All areas of grassland disturbed during vegetation removal and ground disturbance shall be seeded with a regionally-appropriate native grass seed mix following construction. Restored areas shall be monitored at least once a year for at least 3 years or longer, as determined in consultation with CDFW and/or as needed, to verify whether the vegetation is fully established and self-sustaining. By Year 3, percent cover and vegetation composition shall meet baseline cover and composition conditions determined through baseline surveys. 4. Herbaceous ground vegetation at bridge assembly areas at Site 1 and Site 2 shall not be removed but covered with a tight weave coir mat prior to use in order to preserve topsoil and any dormant seeds within the soil of temporary use areas. Once construction is complete, the coir mat shall be removed and the areas shall be allowed to revegetate through natural recruitment. Monitoring of these disturbed areas will occur annually for 3 years or as specified in consultation with CDFW and/or RWQCB. If in Year 1, groundcover is not progressing towards baseline conditions (at least 30% of baseline conditions) MROSD shall apply a native seed mix and/or plantings to these areas. 5. Decommissioned trail segments shall be covered in slash or logs to discourage use and act as natural erosion control. 6. Native trees (e.g. Bay laurel, tan oak, and madrone) and non-native trees measuring six inches in diameter or more that are removed from riparian habitat in support of the project shall be replaced onsite or in the immediate vicinity of the disturbed areas at a 1:1 ratio with native species that occur within the surrounding mixed woodland. Tree replacement ratios consider the relatively dense canopy of the mixed woodland at each location and overall area of disturbance available for new trees to be planted and succeed. 7. Trees planted in riparian areas shall be monitored for at least three years concurrently with restored undergrowth. The site Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 18 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) shall achieve at least 80% tree survival by Year 3. Mitigation in Section 4.c (BIO-3) MROSD and its contractors shall minimize impacts on waters of the state by implementing the following measures: 1. Access roads, work areas, staging areas and infrastructure shall be sited to avoid and minimize direct and indirect impacts to jurisdictional waters. 2. Avoid construction activities in saturated or ponded streams (typically during the spring and winter). 3. Stabilize exposed slopes and streambanks immediately upon completion of construction activities (e.g., removal of the existing bridge at Site 1 and following new bridge installation). 4. During construction, implement measures to catch trimmed tree limbs, shrubs, debris, soils, and other construction materials created by or used in vegetation removal before such materials can enter the waterway. Such materials shall be placed in project staging areas until the materials can be properly disposed of. 5. Restoration to pre-project conditions (typically including contours, topsoil, and vegetation) shall be conducted, as described in Mitigation Measure BIO-2 and as required by regulatory permits (e.g., those issued by the RWQCB and CDFW). Prior, during and following construction District Project Manager or their designee N/A Mitigation in Section 5.b (CUL-1) If prehistoric or historic-period archaeological resources are encountered, all construction activities within 100 feet shall halt and MROSD shall be notified. Prehistoric archaeological materials might include obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-era materials might include deposits of metal, glass, and/or ceramic refuse. A Secretary During construction District Natural Resource Staff or their designee Archaeologist, Native American representative Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 19 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) of the Interior-qualified archaeologist shall inspect the findings within 24 hours of discovery. If it is determined that the project could damage a historical resource or a unique archaeological resource (as defined pursuant to the CEQA Guidelines), mitigation shall be implemented in accordance with PRC Section 21083.2 and Section 15126.4 of the CEQA Guidelines, with a preference for preservation in place. Consistent with Section 15126.4(b)(3), this may be accomplished through planning construction to avoid the resource; incorporating the resource within open space; capping and covering the resource; or deeding the site into a permanent conservation easement. If avoidance is not feasible, a qualified archaeologist shall prepare and implement a detailed treatment plan in consultation with MROSD and, for prehistoric resources, the appropriate Native American representative. Treatment of unique archaeological resources shall follow the applicable requirements of PRC Section 21083.2. Treatment for most resources would consist of (but would not be not limited to) sample excavation, artifact collection, site documentation, and historical research, with the aim to target the recovery of important scientific data contained in the portion(s) of the significant resource to be impacted by the project. The treatment plan shall include provisions for analysis of data in a regional context, reporting of results within a timely manner, curation of artifacts and data at an approved facility, and dissemination of reports to local and state repositories, libraries, and interested professionals. Mitigation in Section 5.c (CUL-2) MROSD shall implement the following measure: Inadvertent Discovery of Paleontological Resources. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing activities, all ground disturbing activities within 100 feet of the find shall be halted until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in conformance During construction District Natural Resource Staff or their designee Paleontologist Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 20 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) with Society of Vertebrate Paleontology Guidelines (SVP, 1996; SVP, 2010). Mitigation in Section 5.d (CUL-3) MROSD shall implement the following measure: Inadvertent Discovery of Human Remains. In the event of discovery or recognition of any human remains during construction activities, such activities within 100 feet of the find shall cease until the Santa Clara County Coroner has been contacted to determine that no investigation of the cause of death is required. The NAHC will be contacted within 24 hours if it is determined that the remains are Native American. The NAHC will then identify the person or persons it believes to be the most likely descendant from the deceased Native American, who in turn would make recommendations to MROSD for the appropriate means of treating the human remains and any grave goods. During construction District Natural Resource Staff or their designee Santa Clara County Coroner, NAHC Mitigation in Section 6.a.i, 6.a.ii, 6.a.iv, 6.c (GEO-1) MROSD will implement the following measure: MROSD shall develop project design specifications consistent with and/or incorporating the site preparation and grading, seismic design, foundation design, and bridge design recommendations presented in the project-specific engineering geology investigation. Throughout project implementation District Project Manager or their designee N/A Mitigation in Section 4.c, 8.b, 9.a, 9.f (HAZ-1): MROSD and/or its contractor(s) shall use BMPs based on the Regional Water Quality Control Board’s Erosion and Sediment Control Field Manual to reduce the potential for release of construction-related fuels and other hazardous materials into the environment, as follows in the table below: CONSTRUCTION-RELATED BMPS TO PROTECT SOIL, SURFACE WATER, AND GROUNDWATER QUALITY BMP Category BMP Description Timing Inspection & Maintenance Solid Waste Managem Remove all trash and construction-related waste to a secure, covered Implement during construct Inspect for trash on a daily basis During construction District Project Manager or their designee N/A Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 21 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) ent location at the end of each working day to maintain a clean work site. Dispose of hazardous materials according to all specific regulations. ion. Materials Storage Store chemicals in non-reactive container. Store bagged, dry-reactive materials in a secondary container. Protect all material storage areas rom vandalism Implement during construction. Inspect storage areas daily to ensure no leaks or spills have occurred Spill Prevention and Control Good housekeeping practices shall be followed to minimize storm water contamination from any petroleum products or other chemicals. Maintain spill cleanup materials where readily accessible during use Implement during construction Clean up leaks and spills immediately using absorbent materials and as little water as possible Vehicle and Equipment Maintenance & Fueling Conduct proper and timely maintenance of vehicles and equipment. Cleaning or equipment maintenance shall be prohibited except in areas located near the entrance to the Preserve. If fueling must occur on-site, use designated areas located away from drainage courses and a drip pan to catch spills. Place drip pans under heavy equipment stored onsite overnight. Implement during construction Inspect on-site vehicles and equipment for leaks on a routine basis; periodically check incoming vehicles for leaking oil and fluids while on paved roads near the entrance to the Preserve Training All personnel shall be instructed regarding the correct procedure for spill prevention and control, waste disposal, use of Implement during construction None. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 22 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) chemicals, and storage materials. Mitigation in Section 8.h (HAZ-2) MROSD and/or its contractor shall implement the following fire safety construction practices: • Grass and other fuels should be cut or otherwise reduced around construction sites where vehicles are allowed to park. • Flammable materials shall be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame. • The use of mechanical construction equipment shall be minimized during hot, dry, windy weather. • Water shall be provided to suppress potential fires caused by construction work. • Workers shall be reminded that smoking is prohibited at the work site and on any District land per contract conditions and the District Ordinance. • Workers shall maintain working ABC fire extinguishers on all vehicles in the work area. • All equipment to be used during construction must have an approved spark arrestor. • Construction personnel shall be trained in fire safe work practices, use of fire suppression equipment, and procedures to follow in the event of a fire. • Construction personnel shall stop all work if the site is greater than 80 degrees F, less than 30% humidity, and wind-speeds greater than 10MPH. • Workers shall contact the Palo Alto Dispatch at 650-470-1258 and the CALFIRE – Skylonda Dispatch at 650-851-1860 for emergency response in the event of a fire (note that these numbers are for emergencies only). Prior to and during construction District Project Manager or their designee Palo Alto Dispatch, CALFIRE Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 23 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) Mitigation in Section 4.c, 6.b, 9.a, 9.f (HYD-1) MROSD or its contractor(s) shall implement erosion-control measures consistent with the District’s BMPs for road/trail work near streams (MROSD, 2013).1 • Temporary erosion control measures shall be employed for disturbed areas (no disturbed surfaces shall be left without erosion control measures in place): These BMPs are based on the most recent versions of the Erosion and Sediment Control Field Manual (RWQCB, 2002) and the Construction Best Management Practices (BMP) Handbook (CASQA, 2009), and have been approved by CDFW and the RWQCB. Stormwater and erosion control measures shall include, but not be limited to, the following: - Place fiber rolls along the perimeter of the sites to reduce runoff flow velocities and prevent sediment from leaving the sites or entering Tributary or Stevens Creeks; - Place silt fences down-gradient of disturbed areas to slow runoff and retain sediment; - Revegetate all disturbed soil per a Habitat Restoration and Monitoring Plan, or otherwise protect soil from erosion with mulch, coir mats, or related materials following the end of construction activities. • Construction activities shall be scheduled to minimize land disturbance during peak runoff periods and during storm events. To the extent feasible, grading activities shall be limited to the immediate area required for construction; • As necessary (i.e., during storms that may occur within the construction window), surface runoff, including ponded water, shall be diverted away from areas undergoing grading, construction, excavation, vegetation removal, and/or any other activity which may result in a discharge to Tributary or Stevens Creek. Normal flow pathways must be restored upon completion of work at that location; Prior to, during, and following construction District Project Manager or their designee N/A Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 24 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) • If and when conditions are too extreme for treatment by surface protection and/or measures described above, sediment entrained by runoff shall be temporarily contained on site. Temporary sediment traps, filter fabric fences, inlet protectors, vegetative filters and buffers, or settling basins shall be used to detain runoff water long enough for sediment particles to settle out. Construction materials, including topsoil and fuels, shall be stored, covered, and isolated so as to prevent runoff losses and potential surface water contamination. References: California Department of Fish and Game (CDFG), 2009. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities. November 24, 2009. California Stormwater Quality Association (CASQA), 2009. Construction BMP Handbook. Midpeninsula Regional Open Space District, 2013. Best Management Practices for Routine Maintenance Activities in Water Courses. Based on approved BMPs from the California Salmonid Stream Habitat Restoration Manual, Tim Best, CEG, the BMP Appendix to the District’s 5-Year agreement with CDFW for streambed alteration (Section 1600 permits), and other sources. San Francisco Bay Regional Water Quality Control Board (RWQCB), 2002. Erosion and Sediment Control Field Manual, Fourth Edition. August, 2002. Society of Vertebrate Paleontology (SVP). Conditions of Receivership for Paleontologic Salvage Collections, Society of Vertebrate Paleontology News Bulletin, Vol. 166, p. 31-323. February 1996. Society of Vertebrate Paleontology (SVP). Assessment and mitigation of adverse impacts to nonrenewable paleontologic resources: standard guidelines, Society of Vertebrate Paleontology News Bulletin. 2010. United States Fish and Wildlife Service (USFWS), 2005. Revised Guidance on Site Assessment and Field Surveys for California Red-legged Frogs. Sacramento, California, August.[http://www.fws.gov/sacramento/es/Survey-Protocols-Guidelines/Documents/crf_survey_guidance_aug2005.pdf] Accessed July 21, 2015. United States. Geological Survey (USGS), 2015. Biosecurity and Disease. 1 The District selects appropriate BMPs for erosion control based on multiple factors, including the expertise of project engineers/planners, permit conditions from regulatory agencies, existing agreements with regulatory agencies, and other factors. The document cited here does not instruct the user which BMPs are appropriate to install given the location and situation; it describes what the BMP technique should look like if selected. Resolutions/2016/16-05_Monte Bello OSP Bridge Projects– Adopt MND_ExA 25 Number Mitigation Timing Who will verify? Department or Agency Consultation Verification (Date & Initials) [http://fl.biology.usgs.gov/c1258_Dodd/html/biosecurity_and_disease.html] Accessed July 23, 2015.