HomeMy Public PortalAboutResolution - 21-01- 20210113 - Alpine Road CEQA IS/MNDRESOLUTION NO. 21-01
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 ALPINE
ROAD TRAIL IMPROVEMENTS
WHEREAS, 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.); and
WHEREAS, an Initial Study and Mitigated Negative Declaration (collectively referred
to as the MND), attached to the MROSD Board Report, dated January 13, 2021, and
incorporated into this Resolution as if fully set forth herein; was prepared for the Alpine Road
Trail Improvements Project ("Project") pursuant to the requirements of the California
Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.) and the
CEQA Guidelines (14 Cal. Code Regulations sections 15000 et seq.); and
WHEREAS, a Notice of Intent (NOI) to adopt an MND was distributed to the California
Office of Planning and Research's State Clearinghouse (CEQAnet), interested agencies,
individuals, adjacent property owners, nearby residents, at the project site, at the County of San
Mateo Clerk Recorder's Office, and on the MROSD website, notifying all parties of the
availability and 30 -day public review period of the MND from October 28, 2020 to November
30, 2020. 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; and
WHEREAS, The MND identified potentially significant adverse impacts on the
environment, including specific impacts to Air Quality, Biological Resources, Cultural
Resources, Geology and Soils, and Tribal Cultural Resources and found that the mitigation for
the proposed Project would avoid or mitigate these impacts to below a level of significance by
adoption and implementation of the Mitigation Monitoring Program (MMP); and
WHEREAS, 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 January 13, 2020, and incorporated into this Resolution as if fully set forth herein; and
WHEREAS On January 13, 2021, the Board of Directors of MROSD 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 of MROSD. 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 CEQA Guidelines.
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
Raoluvoos/1021/AIPi^eRdCEQA_IS/MND _R -21-0I
1
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 Cod 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 comments 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 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 judgement
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
District on January 13, 2021, at a Regular Meeting thereof, by the following vote:
AYES: CYR, HASSETT, HOLMAN, KERSTEEN-TUCKER, KISHIMOTO, RIFFLE,
SIEMENS
NOES: NONE
ABSTAIN: NONE
ResoluIions2021/AlpineRdCEQA_IS/MND _R-21-01
2
ABSENT: NONE
ATTEST: APPROVED:
Larry Hass tf, S cret ary
Board of I'rectors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
Curt Rifle, President
Board of Directors
I, the 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.
nnifer o , dworth, District Clerk
Resolutions/2021 AlpineRdCEQA_ISi MND_R-21-01
3
EXHIBIT A
MITIGATION MONITORING PROGRAM
Alpine Road Trail Improvements Project
Coal Creek Open Space Preserve & Alpine Road
State Clearinghouse Number: 2020100404
San Mateo County, CA
December 2020
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
ResolutioaU2021/MpineRdCEQA_IS/MND_R-21-0t
4
COAL CREEK OPEN SPACE PRESERVE
ALPINE ROAD 1'RAIL IMPROVEMENTS PROJECT
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
Alpine Road Trail Improvements Project at Coal Creek Open Space Preserve and Alpine Road
(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:
Timing:
Who will
verify?
Agency /
Department
Consultation:
Verification:
This column lists the specific mitigation identified within the Mitigated
Negative Declaration.
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.
This column references the District staff that will ensure implementation
of the mitigation.
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 Game is listed as CDFG. The United
States Fish and Wildlife Service is listed as USFWS.
This column will be initialed and dated by the individual designated to
confirm implementation.
Resoludons2021/NpmtRtdCEQA_1S/h ND_R-21-01
5
NONCOMPLIANCE COMPLAINTS
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.
Resoludoos2021/AlpineRdCEQAIS/MND_R-21-01
6
Number
Mitigatio n
Timi ng
Who will
verify?
Departme nt
or Age ncy Consult ation
Verification
(D ate &
Initials)
Mitigation
Mitig atio n Me asure MR -1: In order to meet the
Duri ng project
Dist rict
N/A
in Sectio n
Bay Area Air Q uality Ma nagement District
constructio n each
Capital
3. 3.
(BAAQMD) fugitive d ust threshold, the followi ng
day .
Project
BAAQMD Basi c Co nstructio n Mitigation Measures
shall be implemented:
Ma nager
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and u npaved access
roads) shall be watered two times per day or a
soil stabilizer shall be applied .
• All haul trucks transporting soil, sand, or other
lo ose material off site shall be covered.
• All v isible mu d or dirt tracked out o nto adjace nt
public roads shall be removed using wet power
vacuum street sweepers at least once per day . The
u se of dry power sweeping is prohibited.
• A ll v ehicle speeds on un paved roads shall be
limited to 15 miles per hour.
• Idlin g times shall be minimized either by shutting
equ ipment off when not in u se or reducing the
maximu m idling time to 5 min utes (as required
by the California Airbome Tox ics Control
Measure Title 13, Section 2485 of the California
Code of Regulations). Clear signage shall be
prov ided for construction workers at all access
points.
• A ll construction equipmen t shall be maintain ed
and properly tu ned in accordance with
manufacturers' specification s. A ll equipmen t
shall be checked by a certified mechan ic and
determined to be runnin g in proper condition
prior to operation.
Resoludonsf2021/A lpincR dC EQA IS/AND R-21-01
7
• A p ublicly visible sig n shall be posted with the
teleph one number and person to c ontact at the
District regarding d ust complaints. This person
shall respo nd and take c or recti ve action within 48
ho urs . The B AAQMD phone number shall also
be visible to ens ure complia nce with applicable
regulations .
• The District and/or the project contractor shall
require all off -road diesel -powered co nstruction
equ ipment of greater than 50 horsepower used for
the project meet the California Air Resources
Board Tier 4 emissions standards .
Mitigation
Mitigation Measure BIO-1: The following measures
Prior to a nd
District
California Departme nt
in Sectio n
shall be implemen ted to reduce potential impacts to
d uring project
Natural
of Fish and Wildlife,
3.4.
special -status amphibian and reptile species. All of
co nstruction each
Resource
U nited States Fish and
the special -status amphibians and reptiles that have
day .
Specialist or
Wildlife Service, United
the potential to occur within the project site fall under
their
States Army Corps of
the jurisdiction of California Department of Fish a nd
desig nee
Engi neers, Regio nal
Wildlife (CDFW), while on ly the federally listed
special -statu s species, such as California red -legged
frog (CRLF) an d San Francisco garter snake, fall
un der the ju risdiction of the Un ited States Fish and
Water Quality Co ntrol
Board
,,
Wildlife Service (USFWS).
• At least 15 days prior to the onset of activities,
the District shall submit the name(s) and
credentials of biologists and biolo gical mon itors
who would condu ct activ ities specified in the
followin g measu res. No project activ ities shall
begin until the D istrict has received written
approv al fro m USFWS and/or CDFW that the
biologist(s)/biological mon itors are qualified to
con duct the work.
• Before any construction activities begin on a
project, a USFWS- and CD FW-approved
biologist shall conduct a train ing session for all
con struction person nel. At a minimum, the
Resolutio ns/2021/AlpineRdCEQA IS/MND_R-21-01
8
•
traini ng sessio n shall include a description of the
special -status amphibia n a nd reptile species (a nd
other special -stat us species) a nd their habitat, the
.
importance of these species and their habitat, the
a voidance meas ures that are bei ng implemented
to protect these species as they relate to the
project, a nd the boundaries withi n which the
project may be accomplished. Broch ures, books,
an d briefings may be used in the trai ni ng sessio n,
provided that a q ualified biologist is on hand to
answer any questions .
A USFWS- and CDFW-approved biologist shall
su rvey the work site for special -stat us amphibians
an d reptiles within 24 hours before the o nset of
activ ities. If CRLF, foothill yellow -legged fr og,
Californ ia giant salamander, Santa Cruz black
salamander, red -bellied newt, westem po nd turtle,
or San Fran cisco garter snake are found, the
approved biologist shall contact USFWS and/or
CD FW to determine if mov in g any of these
species is appropriate. If USFWS an d CDFW
approves mo ving these species, the approved
biologist shall be allo wed su fficient time to move
these species fro m the work site before work
activ ities begin. Otherwise, the an imals shall be
allowed to mov e ou t of the pro ject area on their
own. On ly approv ed bio logists or bio logical
monitors un der direct su pervision of a qu alified
biologist shall participate in activ ities associated
with the captu re, han dlin g, an d mon itorin g of
special -status species.
•
A USFWS- an d CDFW-approved biologist shall
be presen t at the work site until such time as all
removal of the special -statu s amphibian an d
reptile species, instruction of workers, and initial
habitat disturban ce (e.g., gradin g, grubbing) have
been completed. A fter this time, the con tractor or
Rnolu tion d2021/AlpineRdCEQA ISJW4D_R-21-0I
9
permittee shall designate a person to monitor on -
site complia nce with all mi nimizatio n meas ures.
The approved biologist shall ens ure that this
i ndi vidual receives e nviro nmental aware ness
traini ng a nd in the ide ntificatio n of the special -
status species. The monitor a nd the approved
biologist shall have the a uthority to halt any
action that might result in impacts that exceed the
levels anticipated by USFWS and/or CDFW
during review of the proposed actio n. If work is
stopped due to species prese nce, the District,
USFWS, and/or CDFW shall be notified
immediately by the approved biologist or on -site
biological mon itor.
•
If special -status amphibians and reptiles are
encoun tered in the project area during
con struction , all activities that have the pote ntial
to resu lt in impacts to the individual shall be
immediately halted. The U SFWS- and CDFW-
approv ed biologist shall then assess the situatio n
in order to select a course of action that shall
avo id or minimiz e adverse impacts to the animal.
To the maximu m exten t possible, contact with
these species shall be avoided, an d the indiv idual
shall be allowed to move ou t of the project area.
If the in dividual shall n ot move ou t of the impact
area on its own , the biologist shall con tact
.
USFWS an d/or CD FW to determine if movin g
the indiv idual is appropriate. If U SFWS and/o r
CDFW approves moving an imals, the bio lo gist
and USFWS/CD FW shall identify a su itable
relocation site.
•
D uring project activities, all trash that may attract
animals shall be properly con tained, removed
from the wo rk site, and disposed of regularly.
Following con struction, all trash and construction
debris shall be removed from work areas.
Resolutions2021/AlpineRdCEQA IS/MND_R-21-01
10
•
All fueling and maintenance of vehicles and other
eq uipment and staging areas shall occur at least
20 meters from a ny riparian habitat or drainage
cha nnel . The District shall e ns ure contamination
of habitat does not occ ur d uri ng such operatio ns .
Prior to the o nset of work, the District shall
ensure that the contractor has prepared a pla n to
allow a prompt and effecti ve response to any
accidental spills. All w orkers shall be informed of
the importance of preventing spills and of the
appropriate measure to take shall a spill occur .
•
No project constructio n activities shall occ ur
during rain even ts or withi n 24 ho urs followi ng a
r ain ev en t. Prior to project acti vities resumi ng, a
U SFWS- and CDFW-approved biologist or
biological monitor shall inspect the pr oject area
an d all equipment/materials for the presence of
these species. The an imals shall be allowed to
mov e away from the pro ject site on their own or
may be mov ed by the biologist, if approved by
CDFW and/or USFWS.
•
A USFWS-an d CD FW-approv ed biologist shall
ensure that the spread or in trodu ction of invasive
exotic plant species shall be avoided to the
maximum extent possible. When practicable,
invasive exotic plants in the project area shall be
removed.
•
A USFWS- an d CDFW-approv ed biologist shall
permanently remov e, from the project area, any
in dividuals of exotic animal species, su ch as
bu llfrogs, crayfish, and centrarchid fishes, to the
max imum ex tent possible. The permittee shall
hav e the respon sibility to en sure that their
activities are in compliance with the California
Fish and Game Code.
ResoIo fion s202VAipineRdCEQA ISMAD_R-21.01
11
•
The n umber of access routes, number a nd size of
stagi ng areas, and the total area of the acti vity
shall be limited to the minimum necessary to
achieve the project goal. R outes and bo undaries '
shall be clearly demarcated, a nd these areas shall
be outside of riparian a nd wetland areas .
•
Work acti vities shall be completed betwee n May
1 and October 15. Should the District
demonstrate a need to cond uct activities o utside
this period, U.S . Army Corps of E ngineers,
Regional Water Quality Control Board, USFWS,
an d/or CDFW may authorize such activities .
•
To control erosion during a nd after project
implementation , the District shall implement best
man agement practices, as identified by the
R egional Water Quality Control Board.
•
If a work site is to be temporarily dewatered by
pumping, in takes shall be completely screened
with wire mesh not larger than 5 millimeters to
prevent special -status species from entering the
pump system. Water shall be released or pumped
downstream at an appropriate rate to maintain
downstream flows during construction. Upon
completion of construction activ ities, any barriers
to flow shall be removed in a manner that wou ld
allow flow to resume with the least disturban ce to
the substrate. If the pu mping cannot be
mon itorin g continu ously, a milk -crate mesh
system shall be installed to avoid potential
impacts to aquatic wildlife that may be harmed
during the pu mping.
•
Plastic monofilament netting (ero sio n con trol
matting or wattles), loo sely wov en n ettin g, or
similar material in an y form shall not be u sed at
the project site because special -statu s amphibians
Resolufons202I/AlpineRdCEQA LS/MND_R-21.01
12
and reptiles can become entangled and trapped in
them.
Mitigation
Mitigation Measure BIO-2: The foll owing measures
Prior to and
District
N/ A
in Section
shall be impleme nted to a void potential impacts to
during pr oject
Nat ural
3.4.
nesting birds d uri ng co nstructio n:
c onstruction .
Resource
• To mi nimize pote ntial disturbance to nesting
birds, project acti vities, includi ng vegetation
removal and building demolition, watershed
habitat management, and vegetatio n and forest
management, shall occur duri ng the non -breeding
season (September 16 -February 14), unless it is
n ot feasible to do so, in which case the measures
below shall also be applied .
Specialist or
their
desig nee
• With the exception of those trees ide ntified for
remov al in Table 3E, removal of trees greater
than 6 inches dbh shall be limited to the greatest
degree possible durin g trail construction, road
improvemen ts, and other activities.
• If construction activ ity is schedu led to occur
during the nestin g season (Februa ry 15 to
September 15), the District shall u tilize qualified
District staff or contractor to conduct
precon struction su rveys an d to iden tify active
n ests on an d within 500 feet of the project site
that could be affected by project con struction .
The surveys shall be conducted no less than 14
days an d no more than 30 days before the
begin nin g of con struction in a particu lar area. If
no nests are foun d, no further mitigation is
required.
• If activ e nests are foun d, impacts on n esting
raptors and songbirds shall be avoided by
establishmen t of appropriate buffers around the
nests. No project activ ity shall commence within
the buffer area until a qualified D istrict staff or
contractor con fu ms that any youn g have fledged
Remlutian s2U21/AlpineRdCEQA IS/M ND_R-2t-01
13
or the nest is no lo nger acti ve. A 500 -foot b uffer
around Buteo hawk nests, 300 -foot buffer aro und
Accipiter hawk nests, and 50 -foot buffer aro und
songbird nests are ge nerally adequate to protect
them from disturbance, but the size of the buffer
may be adj usted by a qualified District staff or
contractor in co nsultati on with CDFW dependi ng
on site -specific conditions . For trail constructio n,
use of non -power hand -tools may be permitted
within the buffer area if the behavior of the
nesting birds would not be altered as a res ult of
the construction. Mo nitoring of the nest by a
qu alified District staff or co ntractor during and
after con struction activities shall be required if
the activ ity has potential to ad versely affect the
nest.
Mitigation
Mitigation Measure BIO-3: Prior to project
Prior to a nd
District
N/A
in Section
implementation , a qu alified biologist shall survey the
during project
Natural
3. 4.
site for evidence of n estin g San Francisco dusky-
construction each
Resource
footed woodrat (SFDFW) (i.e., large stick
n ests/hou ses). Since SFDFW use their nests/houses
year round, su rveys for nests/houses may be
con ducted at an y time of the year. If SFDFW or their
n ests/hou ses are presen t, a biological awaren ess
trainin g shall be provided by a qu alified biologist
prior to project implemen tation. For an y SFDFW
and/or nest/house that are fou nd within project
boundaries, the measures listed below for natu ral
areas shall be implemen ted:
day .
Specialist or
their
desig nee
• A ll SFDFW n ests/houses shall be flagged in the
field and delin eated on pro ject site maps. In all
instances, ev ery effort shall be made to avoid
impacts to SDFD W nests/hou ses. Av oidan ce,
ev en with a small bu ffer area, is considered
preferable to relocation. Avo idance bu ffers of a
min imum of 3-10 feet shall be implemented,
flagged where appropriate, an d avo ided durin g
Raolutions2021/AlpioeRdCEQA i5/M ND _R-21-0I
14
project implementati on. Smaller buffers allow
work to occ ur in close proximity witho ut
displaci ng and relocating i ndi vid uals each time
these acti vities occ ur which may be on an an nual
or recurri ng basis (defensible space around
structures, r oad and trail side brushing, invasive
plant removal etc .) . As evalu ated by the project
biologist, fenci ng shall be i nstalled aro und the
nest and incl ude the b uffer area where appropriate
to minimize impacts fr om project activities.
When removing materials from around a SF DFW
nest/hou se, tree branches, fenci ng, or other
materials that may support the nest structure shall
be protected. Whenever possible, these materials
shall be left in place. However, if they must be
remov ed an d the nest/house may become
compromised, liv e trappin g may be necess ary .
•
For all SFDFW nests/hou ses that cannot be
av oided by project activ ities (i.e., would require
relocation), a qualified biologist shall live trap to
determine if the nest is in use. Trapping activities
shall occur prior to April and after mid -July each
year to preven t impacts to SFDFW rearing young
or young SFDFW. If a nest is fou nd to be
un occupied or n ot in use for 3 full days (2 nights
of trappin g), then it may be removed. The nest
shall be relocated or a pile of replacemen t sticks
shall be placed outside of the development
foo tprin t for futu re colonization or re -use. If a
lactatin g female is trapped, project activities shall
be postponed until young hav e become
in dependen t.
.
•
Trapped SFDFW may be kept in captiv ity by a
qu alified biologist until their nests are relocated
to suitable habitat outside of the development
foo tprint. Every effort shall be made to minimiz e
the time the an imal is held in captivity. A
Roolution s/2021/AlpineRdCEQA IS/MND_R -21-01
15
Califor nia N atural Diversity Datab ase (CND DB)
form shall be filled out a nd submitted to CDFW
for a ny SFDFW that are trapped. Once trapped,
nests shall be tom down a nd reb uilt surr ounding a
log based struct ure, an i nverted wooden pla nter,
or similar str uct ure having at least o ne e ntrance
and exit hole that is slightly b uried i nto the
ground to anchor . A ny cached food a nd nest
material enco untered shall be placed within the
new structure during rebuilding. Whe ne ver
possible, the structure shall be "over -b uilt" by
adding larger branches f or predat or protection to
create an area for the indi vid ual to safely emerge
ou tside of the nest/house. One or more persons
shall remain outside the release struct ure for up to
•
10 minu tes to mimic a predator. Relocated
n ests/hou ses are in tended to provide a release site
and opportu nity for SFDFW to relocate to another
nest/house (mo st SFDFW average more than one
nest an d may or may not remain with a relocated
' nest/hou se), or to colon ize the new structure.
•
• O nce n ests/houses are relo cated, an y trapped
SFD FW shall be released into the recon stru cted
nest using a "soft release," by plu gging the
in div idual into the shelter usin g loo se dirt ov er
the entrance.
• Relocated nests/houses are ex pected to ev en tu ally
be re -colonized an d shall be mon itored 1 year
post constru ction usin g v isu al surveys an d/or
wildlife cameras to determine if a relocated n est
has retu rned to use. A mon itoring report shall be
submitted to CDFW to document use or non -u se
of relocated n ests/houses.
Mitigation
Mitigation Measure BIO -4: The followin g measu res
Prior to an d
District
California Departme nt
in Section
shall be implemented to reduce potential impacts to
during project
Natural
of Fish and Wildlife, if
3.4.
less than significant.
con struction each
Resou rce
bat e xcl usion is
day.
Specialist or
required.
Resolufionv 2021/Alpin eRdCEQA_IS/MND—R-21-0I
16
In areas of suitable habitat, preconstructio n surveys
shall be conducted for the followi ng special -stat us bat
species: pallid bat, Townsend's big -eared bat, a nd
wester n red bat .
their
designee
•
Bat s urveys shall take place d uri ng the April 15
thro ugh A ugust 31 maternity roost season
whenever possible. S urveys may also take place
between February 16 and April 14 . Findi ngs
during spring s urveys m ay indicate that a second
su mmer survey is necessary .
•
Bats generally breed April through August;
therefore, no tree work (o ver 16 inches diameter
at breast height [dbh]) shall be cond ucted during
this time if surveys determine that special -stat us
bats or maternity roosts are prese nt .
•
Bats go into a deep torpor period November 16
through February 15; therefore, no tree work
(ov er 16 inches dbh) shall be conducted duri ng
this time if su rveys determine that special -st atus
bats or maternity roosts are present.
•
If in dividual non -breedin g and non -special -status
bats are present, a qualified biologist shall be
retain ed to remov e the bats and work may
proceed year rou nd.
•
If maternity roosting or special -statu s bat species
are present at any time, no work shall be
conducted without first excludin g and providing
altern ate roost site(s) ou tside of the breedin g
season.
•
Alternate roo st site(s) mu st be determined by
D istrict N atu ral Resources staff or a consu lting
bio logist and submitted to Californ ia Departmen t
of Fish an d Wildlife before installation .
•
Whenever possible, alternative roost site(s) shall
be provided 6 months to 1 year prior to the
Resolutioni2021/AlpiueRdCEQA ISMND_R-21-0I
17
•
•
remo val of maternity roosting habitat to allow
bats adequate time to discover the new locations.
Alternati ve roost site(s) shall be m onitored for
occ upa ncy by a qualified biologist or biological
m onitor within 1 year of installation .
Contractors, District staff, and others working in
areas known to s upport maternity r oost site(s)
and/or special -stat us bat species shall be provided
biological aware ness trai ni ng by a qualified
biolo gist prior to the comme ncement of work.
•
Removal of trees greater than 16 inches dbh shall
be av oided during the April thro ugh August
nursery season whenever possible .
•
If removal of trees greater than 16 inches dbh
du rin g the nursery seaso n cannot be a voided, a
qu alified biologist shall conduct surveys for
roosting bats where suitable large trees are to be
remov ed. Surveys shall con sist of daytime
pedestrian su rveys to look for v isu al signs of bats
(e.g., guano), and if determined necessary,
even in g emergen ce su rveys to note the presence
or absen ce of bats. If eviden ce of roostin g bats is
foun d, the nu mber and species of roostin g bats
shall be determined. If no eviden ce of bat roo sts
is found, then no further stu dy shall be required.
Bat detectors an d/or in frared detectors may be
u sed to supplemen t su rvey efforts, but are not
requ ired.
•
If roo sts of special -statu s bats are determin ed to
be presen t an d must be remov ed du rin g the April
throu gh Au gust nu rsery season , a bat exclu sion
plan shall be prepared and su bmitted to CDFW.
The ex clu sion plan shall describe the method of
exclu sion , which may in clude the use of on e-way
doors at roo st en trances (bats may leav e bu t not
re-enter), or sealin g roost entrances when the site
Resolu tiom2021/Alpin eRdCEQA IS/h1ND_R-21-01
18
can be co nfirmed by a bat expert to contain no
bats. The use of sonic bat deterr ents may also be
all owed when called for by a qualified biologist .
No bats shall be e xcluded until the plan is
appro ved by C DFW and alternative ro osti ng
habitat is approved . E xcl usio n efforts may be
restricted d uring periods of se nsitive activity
(e.g., during hibemati on or while females in
maternity col onies are nursi ng yo ung) . The bats
shall be excluded from the roosti ng site bef ore the
site is disturbed, closed, or modified in any way.
•
When possible, alter native roosti ng sites shall be
provided 6 months to a year prior to the removal
of ex isting roosts. Once the replacement roosts
are constructed and it is confirmed that bats are
not presen t in the origin al roost site, the str uctures
may be remov ed or sealed.
• In areas known to su pport special -status bats
an d/or matern ity roosts, the following meas ures
shall be implemen ted:
o When ever possible, work shall take place
outside of the April through Au gust nu rsing
season.
o District staff sha ll provide and/or consult
with qu alified biologists having kn owledge
specific to the bat species presen t at the site.
Species specific noise tolerance levels
(includin g high frequency noise) shall be
established for work taking place within a
determined buffer aroun d the maternity roost.
All equipmen t working within the site during
the nursing season shall be tested for high
frequency n oise ou tputs prior to u se on the
site. If equipmen t is determ ined to produce
an y n oise that is expected to cau se bats to
aban don a matern ity roo st, it shall not be
Resolu tion s/2021/AlpiveRdCEQA ISA N D_R-2I-01
19
used on the site within an established buffer
by the bi ologist d uring the nursing seaso n.
Mitigation
Mitigatio n Me asure BI O-5: The followi ng meas ures
Duri ng project
Natural
N/A
in Section
shall be implemented to red uce potential impacts to
co nstr ucti on each
Res ource
3. 4.
steelhead.
day a nd followi ng
Specialist or
• All refueling, maintenance, a nd staging of
completion of
their
equipment and vehicles shall occur at least 65
feet from any riparian habitat or drai nage
channel. All workers shall be informed of the
importance of preve nting spills a nd of the
appro priate measures to take should a spill
occu r.
construction
acti vities.
desig nee
• To redu ce the potential for erosion after work is
. co mpleted, disturbed areas withi n the alignme nt
shall be revegetated with an appropriate
assemblage of native riparian, wetla nd, and
upland v egetation su itable for the area. Planted
material may include native seed mixes, pole
cuttings, or phyto phthera-free container stock as
appropriate.
• Drainage contours shall be retu rned to the
origin al condition at the en d of project activities.
• To control erosion du ring and after project
implementation , the following best management
practices shall be implemented:
o Install straw wattles/silt fencing to break up
and filter su rface runo ff.
o Con duct activ ities outside of the drainage
channels whenever feasible by timin g work
to the low flow season or by utilizin g
equ ipment or methods that do not require
access in the channels.
o Prior to any instream work in the drainage
chann els that requires the constru ction of
•
20
Ruolutions/2021/AlpmeRdCEQA IS/MND R -21-0I
cofferdams or dewateri ng of the stream bed, a
stream diversion pla n shall be prepared . The
stream di version pla n shall require that: (1) a
q ualified biologist shall install a fish
e xclusi on net prior to in -chan nel work at the
upper bo undary of the in -stream co nstruction
area . Any fish below the ex cl usi on with be
flushed d ow nstream and a net shall be
installed at the southern bo undary of the
constructio n area. O nce the temporary stream
crossing is c onstructed, the fish e xclusion
nettin g shall be remo ved. The same fish
ex clu sion process shall repeated d uring the
tempo ra ry crossing removal. A series of silt
fence and water barriers shall be installed at
the base of the banks of each new bridge
abutmen t. These fences will direct the
flowing water away from the work away so a
dry workin g env iron men t can be preser ved.
The an ticipated len gth of chan nel flow
con trol is approx imately 180 linear feet. The
Contractor shall dev elop a div ersion plan and
ensure that all materials and equ ipment will
be available for the water div ersio n prio r to
the commencement of work. The water
div ersion system shall include the following
componen ts:
• Confinement Structure
• Bypass Piping/Pipeline
• Point of Discharge Pro tection (as
needed)
Upon completion of the con struction, all
div ersion an d temporary crossing material
shall be removed from the streambed.
Raolutioosl2021/AlpineRdCEQA ISIMND_R-21-01
21
Mitigatio n
in Section
3. 4.
Mitigation Measure BIO-6: If riparian trees or
shrubs are impacted duri ng project constructio n,
impacted riparian trees shall be replaced at a
minimum 3:1 ratio, while impacted shrubs a nd
understory pla nts shall be replaced at a mi nimum 1:1
ratio. The riparian pla nts shall be replaced in -kind
from phytophthera-free contai ner stock as
appropriate.
Following
completion of
co nstruction
activities.
Natural
Reso urce
Specialist or
their
designee
N/ A
Mitigation
Mitigation Meas ure BI O-7: If the prop osed project
Following
Natural
N/A
in Sectio n
wou ld impact the Madrone Forest, impacted Pacific
completi on of
Resource
3. 4.
madron e trees and underst ory nati ve plant species
construction
Specialist or
shall be replaced at a minim um 1:1 ratio . The
thadron e trees and understory plants shall be replaced
in -kind fro m phytophthera-free container stock as
appropriate.
activities .
their
desig nee
Mitigation
Mitigation Measu re BIO-8: To help pre vent the
D uring project
Nat ural
N/A
in Section
spread of the pathogen, the following Phytophthora
construction each
Resource
3. 4.
Contamin ation Prev ention Requirements shall be
implemented:
• All construction traffic shall pass through a
con structio n entra nc e/ex it that inclu des rumble
strips/large angular rock and a tire wash. The tire
wash may be mann ed or automated. A ll soil
must be off tires prior to en trance an d exit from
the site.
day
Specialist or
their
desig nee
• All footwear of personn el on site shall be
cleaned prior to an d after accessin g the project
site. This task shall be accomplished with the
use of a footbath mat or similar product. Either
chlorine bleach or non -evaporating disin fectants
shall be used in these footbaths and the solu tion
shall be chan ged weekly or as needed. Chemical
strips are available to test if disin fectan ts are still
effectiv e. Cau tion shou ld be take n if footbaths
an d solution s are transpo rted to avoid spills.
.
Disinfecting footbaths an d spon ge mats for
Reaolutionst2021/AlpineR dC EQA ISOIND_R-21-01
22
disinfecti ng shoes are available for purchase at
Gemplers .com, sanistride .com, a nd
nelso njameso n.com . At least one footbath shall
be required at each work area .
Mitigatio n
Mitigation Meas ure BI O-9: The following measures
D uring project
Natural
N/ A
in Section
shall be implemented in order to reduce potential
construction each
Reso urce
3.4.
impacts to Waters of United States . These BMPs are
inten ded to prevent erosion a nd sedimentation into
stream channels outside of work areas, pre ve nt
impacts to upland areas o utside of designated work
zo nes, control dust, and preve nt accide ntal fuel or oil
spills in or near stream cha nnels or other se nsiti ve
habitats.
day
Specialist or
their
desig nee
• Con struction for the project shall occ ur during
the dry season (Ju ne 15 to Octob er 15) to a void
adverse impacts to water quality, wildlife, a nd
riparian habitat.
• Designate v ehicle and equ ipment staging areas
that are located at least 500 feet from any stream
channels; all project v ehicles and equ ipment will
be stored in these areas overnight or when not in
use; any vehicle fueling or other maintenance
will only occu r within design ated stagin g areas.
• Stake the boundaries of designated work areas'
within stream chan nels and ensu re all v ehicles
an d equ ipmen t stay within the designated
bou ndaries.
• Main tain a max imum speed limit of 10 mph for
all vehicles throu ghou t the project area.
• A pply water to travel an d work areas as required
for dust control.
• Clean up accumulated garbage an d construction
debris on a daily basis.
ReolutioaW2021/AlpieeRdCEQA IS/h¢JD_R-21-0I
23
• All personnel i nvolved in the constructi on
acti vities shall be briefed on water quality and
special -status species co ncems associated with
the project.
• All hea vy eq uipme nt shall be maintained to
pre vent fl uid leaks .
• Fueling and maintena nce of vehicles shall take
place at least 100 feet away from drai nage
features or locations where potential leaks could'
trav el into nearby waterways.
Mitigatio n
Mitigation Measure CUL-1: In the e vent that any
During project
Nat ural
U.S. Army Corps of
in Section
3.5.
cu ltu ral resources are exposed duri ng constructio n,
work at the lo cation of the find shall halt immediately
within 10 meters (30 feet) of the find. The District, its
contractor, an au tho rized representati ve, or party who
made the discov ery, is responsible for immediately
contactin g by telephon e the Corps archaeologist to
n otify them of the discov ery. The Corps would
address the disco ve ry in acc orda nce with 36 Code of
construction each
day
Resource
Specialist or
their
designee
Engineers
Federal R egulation s 800.13(b)(3), which would
invo lv e con su ltation with the State Historic
Preservation Officer and Nativ e American tribes that
might attach religiou s or cu ltural significance to the
discov ery. At the requ est of the Corps, or at the
discretion of the District, an archaeologist shall be
retained to identify and evalu ate the discovery.
.
The District an d archaeologist shall make a
reason able effort to avoid or minimize harm to the
discovery un til —in consu ltation with the Corps —
significan ce is determined and an appropriate
treatmen t is identified and implemen ted. Methods to
protect finds include fencin g, and cov ering remains
with protective material an d cultur ally sterile soil or
plywood. If vandalism is a threat, 24 -hour security
should be provided. During this ev aluatio n period,
construction operation s ou tside of the fin d locatio n
Resolutimv 2021/AlpineRdCEQA LS/MND—R-21-01
24
can contin ue, preferably with an archaeologist
monitori ng any subs urface exca vations .
If the resource ca nnot be avoided and is found to be
eligible for listi ng in the NRHP and CRHR, the
archaeologist shall develop an appropriate Acti on
Plan for treatme nt to mi nimi ze or mitigate the adverse
effects. The District shall not proceed with
con struction activities that could affect the discovery
until Corps staff have reviewed and appro ved the
Action Plan . The treatment effort required to mitigate
the inadvertent exposure of significa nt cultural
resources shall be guided by a research design
appropriate to the discovery and pote ntial research
data inherent in the resource in association with
su itable archaeological field techniques a nd analytical
strategies. The recov ery effort shall be detailed in a
profession al report in accordance with curre nt
archaeological standards. A ny non -grave associated
artifacts would be cu rated with a repository, as
appropriate.
•
Mitigation
Mitigation Measure CUL-2: If hu man remains are
Duri ng project
Natural
Sa n Mateo Co unty
in Section
en coun tered, all work within 100 feet of the remains
constructio n each
Resource
Coro ner
3. 5.
shall cease immediately and the con tractor shall
contact the District. The D istrict shall con tact the San
Mateo Coun ty Coroner to ev alu ate the remain s, and
follow the procedures and pro tocols set forth in
day
Specialist or
their
desig nee
Section 15064. 5(e) of the CEQA Guidelin es. No
fu rther disturbance of the site or any nearby area
reason ably su spected to ov erlie adjacent remain s shall
occur u ntil the County Coroner has made a
determination or origin and disposition , which shall
be made within two workin g fays from the time the
Coron er is no tified of the discov ery, pu rsu ant to
Section 7050.5 of the Californ ia Health and Safety
Code and Section 5097. 98 of the Pu blic Resou rces
Code. If the remain s are determin ed to be Native
America, the Coun ty Co ron er shall no tify the Native
RmlufionY1021/AlpineRdCEQA IS/MND_R•21-01
25
America n Heritage Commission (NAHC) within 24
hours, which shall determine and notify the Most
Likely Descendent (ML D). The MLD may
recommend within 48 hours of their notification by
the NAHC the mea ns of treating, with appropriate
dignity, the human remains and grave goods. In the
event of difficulty locating an MLD or the failure of
the MLD to make a timely recommendation, the
hu man remains and grave goods shall be reb uried
with appropriate dignity on the property in a locatio n
not su bject to further subs urface dist urbance.
Mitigation
Mitigation Measure GEO-1: Sho uld p aleo nt ological
D uring project
Natural
N/A
in Section
resou rces be en coun tered during project s ubsurface
co nstruction each
Reso urce
3.7.
construction activ ities, all ground -dist urbi ng activities
within 25 feet shall be redirected a nd a q ualified
paleontologist con tacted to assess the situatio n,
consult with agencies as appropriate, and make
recommendations for the treatment of the discovery .
day
Specialist or
their
designee
For pu rposes of this mitigation , a "qualified
paleontologist" shall be an in dividual with the
following qualifications: (1) a graduate degree in
paleon tology or geology and/or a person with a
demonstrated publication record in peer -reviewed
paleon tological journals; (2) at least 2 years of
professional experien ce related to paleon tology; (3)
proficiency in recognizin g fossils in the field and
determining their significan ce; (4) expertise in local
geology, stratigraphy, and biostratigraphy; an d (5)
experience collecting vertebrate fossils in the field. If
the paleontological resou rces are found to be
sign ificant and project activities cann ot avoid them,
measures shall be implemented to ensu re that the
project does n ot cau se a substantial adverse chan ge in
the significance of the paleontological resou rce.
Measures may include mon itoring, recordin g the
fossil locality, data recovery and analysis, a fmal
report, and accessioning the fossil material and
technical report to a paleontological repository. Upon
Rewlutiom/2021/AlpineRdCEQA ISA 4N D_R-21-0I
26
c ompletion of the assessment, a report d ocumenting
methods, findi ngs, and recommendatio ns shall be
prepared a nd s ubmitted to the District for review. If
pale ontological materials are recovered, this report
also shall be submitted to a paleontological repository
such as the U ni versity of California M useum of
Paleontology, along with significa nt paleo ntological
materials. Public ed ucati onal o utreach may also be
appropriate.
The District shall inform its co ntract or(s) of the
sensitivity of the project site for paleontol ogical
resou rces an d shall verify that the foll owi ng directive
has been included in the project grading plans:
"The subsurfa ce of the constructi on site may be
sensitive for fossils. Iffossils are enco untered
dur ing project su bsurfa ce constr uction, all
ground -disturbing activities within 25 feet sh all
be redirected an d a qualified paleontologist
contacted to assess the situation, consult with
agencies as appropria te, and make
recommendation s for the treatment of the
discovery. Project personnel sha ll n ot collect or
move any paleontolo gical ma teria ls. Fossils can
in clude pla nts and anima ls, a nd such tra ce fossil
ev iden ce of past life as tracks or pla nt imprints.
An cient marine sediments may conta in
invertebra te fossils such as snails, clam an d
oyster shells, sponges, and protozoa ; a nd
vertebrate fossils such as fish, whale, an d sea
lion bon es. Contractor acknowledges a nd
understands that excavation or removal of
paleontological material is prohibited by law
and constitutes a misdemeanor under Ca lifornia
Public Resources Code, Section 5097. 5."
Reso lution 2021/AlpioeRdCEQA ISMWD_R-21-01
27
Mitigation
in Section
3. 13.
Mitigation Meas ure NOI-1: The project contractor
shall implement the following meas ures during
constructio n of the proposed project:
• Equip all construction eq uipment, fixed or
Duri ng pr oject
construction each
day
Capital
Project
Ma nager or
their
N/A
mobile, with pr operly operating a nd maintained
mufflers consistent with man ufact urers'
standards.
desig nee
•
Place all stationary co nstructio n eq uipme nt so
that emitted noise is directed away from
sen sitiv e receptors nearest the active project site .
•
Locate equipment staging in areas that would
create the greatest possible distance between
construction -related noise so urces and noise -
sensitiv e receptors nearest the acti ve project site
durin g all construction activities.
•
En su re that all gen eral construction -related
activities are restricted to between the hours of
7:00 a.m. and 6:00 p.m. on weekdays and
between the hou rs of 9:00 a.m. an d 5:OO p.m . on
Satu rdays. Co nstruction a ctivities shall be
prohibited on Sun days, Thanksgiving, and
Christmas.
•
D esignate a "disturbance coordin ator" at the
D istrict who would be responsible for
responding to an y local complaints abou t
con struction noise. The disturbance co ordinator
wou ld determine the cause of the noise
co mplain t (e.g., startin g too early, bad mu ffler)
and wou ld determin e and implement reasonable
measures warran ted to correct the problem.
Resolutions/2021/Alpin eRdCEQA _IS/MND _R-21-01
28