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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