SCVWD Upper Penitencia Creek Property Acquisition and Long Term Management Plan

Transcription

1 SCVWD Upper Penitencia Creek Property Acquisition and Long Term Management Plan Final Initial Study and Mitigated Negative Declaration Project No November 2014 Prepared by: Erika Carpenter Environmental Planner Under the Direction of: Jennifer Castillo Environmental Services Manager DISTRICT BOARD OF DIRECTORS Dennis Kennedy District 1 Nai Hsueh District 5 Barbara F. Keegan District 2 Tony Estremera, Chair District 6 Richard P. Santos District 3 Brian Schmidt, Vice Chair District 7 Linda J. LeZotte District 4

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3 TABLE OF CONTENTS Page LIST OF ACRONYMS... IV KEY TERMINOLOGY... V SECTION 1: INTRODUCTION... 1 SECTION 2: LONG TERM MANAGEMENT PLAN DESCRIPTION... 3 SECTION 3: ENVIRONMENTAL SETTING...25 SECTION 4: ENVIRONMENTAL EVALUATION...26 SECTION 5: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)...63 SECTION 6: REPORT PREPARATION...73 SECTION 7: REFERENCES...74 TABLES TABLE 1.1: SUMMARY OF AGENCY APPROVALS... 3 TABLE 2.1: ELEMENTS AND SUB-ELEMENTS OF THE LTMP...11 TABLE 2.2: BEST MANAGEMENT PRACTICES...15 TABLE 4.1: BAAQMD THRESHOLDS OF SIGNIFICANCE...32 TABLE 4.2: CONSTRUCTION AND OPERATIONAL EMISSIONS...33 TABLE 4.3: BAAQMD GREENHOUSE GAS THRESHOLDS OF SIGNIFICANCE...47 TABLE 4.4: MODEL RESULTS FOR GHG EMISSIONS FOR CONSTRUCTION AND OPERATION ACTIVITIES FIGURES FIGURE 1: PROJECT VICINITY AND SURROUNDING LAND USES... 5 FIGURE 2: VEGETATION MAP... 6 FIGURE 3: EISTING IMPROVEMENTS AT THE PROPERTY... 7 FIGURE 4: INITIAL SITE IMPROVEMENTS... 9 APPENDI APPENDI A... A-1 APPENDI B... B-1 Page ii

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5 LIST OF ACRONYMS BAAQMD BMPs CARB CDFW CEQA CCR CFR CO CO 2 e CWA District EPA ESA HCP HSLA IS LTMP ND NOx OSA PM 10 ROG RWQCB SCVWD SMP USACE USC USFWS VHP Bay Area Air Quality Management District Best Management Practices California Air Resources Board California Department of Fish and Wildlife California Environmental Quality Act California Code of Regulations Code of Federal Regulations Carbon Monoxide Carbon Dioxide Equivalent Federal Clean Water Act Santa Clara Valley Water District U.S. Environmental Protection Agency Endangered Species Act Habitat Conservation Plan Hazardous Substance Liability Assessment Initial Study Long Term Management Plan Negative Declaration Oxides of Nitrogen Santa Clara County Open Space Authority Fine particulate matter Reactive Organic Gases Regional Water Quality Control Board Santa Clara Valley Water District Stream Maintenance Program United States Army Corp of Engineers United States Code United States Fish and Wildlife Service Valley Habitat Plan Page iv

6 KEY TERMINOLOGY Significance Criteria: A set of criteria used by the lead agency to determine whether an impact would be considered significant. The District relied upon the significance criteria set forth in the CEQA Guidelines and criteria based on the regulatory standards of local, state and federal agencies. Impact: An impact that would likely result in a substantial adverse change in the physical conditions of the environment. Mitigation measures and/or project alternatives are identified to avoid or reduce these effects to the environment. Beneficial Impact: A project impact is considered beneficial if it would result in the enhancement or improvement of an existing physical condition in the environment no mitigation is required. No Impact: This is indicated in the Initial Study where, based on the environmental setting, the stated environmental factor does not apply to the proposed project. Less-Than- Impact: This is indicated in the Initial Study checklist where the impact does not reach the standard of significance set for that factor and the project would therefore cause no substantial change in the environment (no mitigation needed). Potentially Impact: An environmental effect that may cause a substantial adverse change in the environment; however additional information is needed regarding the extent of the impact to make a determination of significance. For the purposes of review such are treated as if significant impact and mitigation measures are proposed. Mitigation Measures: Mitigation includes: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. * Best Management Practices: A subset of measures derived from standardized District operating procedures. These practices have been identified as methods, activities, procedures, or other management practices for the avoidance or minimization of potential adverse environmental effects. They have been designed for routine incorporation into project designs, without modification or alteration, and represent the state of the art prevention practices. * Authority cited: Sections and 21087, Public Resources Code; Reference: Sections 21002, , 21081, and 21100(c), Public Resources Code. Page v

7 SECTION 1: INTRODUCTION This Final Mitigated Negative Declaration incorporates minor changes from the Draft document. Changes to the IS/MND are shown in underline / strikeout in the Final IS/MND. Organization of This Document This document is organized to assist the reader in understanding the potential impacts that the proposed project may have on the environment and to fulfill the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section et seq.). Section 1 indicates the purpose under CEQA, sets forth the public participation process, and summarizes applicable state and federal regulatory requirements. Section 2 describes the location and features of the proposed plan and Section 3 describes the environmental setting. Section 4 evaluates the potential impacts through the application of the CEQA Initial Study Checklist questions to project implementation. Section 5 lists the contributors, and Section 6 supplies the references used in its preparation. Purpose of the Initial Study The Santa Clara Valley Water District (District), acting as the Lead Agency under CEQA, prepared this Initial Study (IS) and Mitigated Negative Declaration (MND) to provide the public, responsible agencies and trustee agencies with information about the potential environmental effects of purchase of the Upper Penitencia Creek property from the Santa Clara County Open Space Authority (OSA) and the proposed SCVWD Upper Penitencia Creek Property Long Term Management Plan (LTMP) (hereinafter proposed project ). This Mitigated Negative Declaration was prepared consistent with CEQA, the CEQA Guidelines (Title 14 Code of Regulations et seq.), and District procedures for implementation of CEQA (Environmental Planning Guidance Q520D01 and W520M01). CEQA requires that public agencies such as the District identify significant adverse environmental effects from their discretionary actions and mitigate those adverse effects through feasible mitigation measures or through selection of feasible alternatives. In addition to acting as the CEQA Lead Agency for its projects, the District s mission includes objectives to conduct its activities in an environmentally sensitive manner as a steward of Santa Clara Basin watersheds. The District strives to preserve the natural qualities, scenic beauty and recreational uses of Santa Clara Valley s waterways by using methods that reflect an ongoing commitment to conserving the environment. This MND is intended to allow the public to fully understand the environmental implications of the project and incorporates the CEQA process to achieve District goals, which include: Providing public accountability for projects it proposes or approves; Ensuring interagency cooperation during project planning; Allowing full public review and participation in project planning; and, Integrating environmental considerations into its decisions. Page 1

8 Decision to Prepare a Mitigated Negative Declaration The Initial Study (Section 4) for the proposed project indicates that there are no significant impacts from construction of the initial site improvements or implementation of the LTMP with implementation of mitigation measures incorporated herein. BMP s have also been included as part of the proposed project to further avoid and minimize effects from the proposed work. The analysis indicates that impacts can be mitigated to a less than significant level with mitigation measures incorporated herein, will have a less than significant, or no impact will occur. A Mitigated Negative Declaration is consistent with CEQA Guidelines 15070, which indicates that a Mitigated Negative Declaration is appropriate when: a) Revisions to the project plan are made that would avoid, or reduce the effects to a point where clearly no significant effects would occur, and b) There is no substantial evidence that the project, as revised, may have a significant effect on the environment. Public Review Process This IS/MND will be was circulated to local, state and federal agencies, interested organizations and individuals who may wish to review and provide comments on the project description, the proposed mitigation measures or other aspects of the report. The publication commenced a minimum 30-day public review period consistent with CEQA Guidelines 15105(b) beginning on September 19, 2014 and ending on October 2021, The ddraft IS/MND and all supporting documents are available for review: Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA At the local library reference desk: Alum Rock Public Library 3090 Alum Rock Avenue San Jose, California Posted on the District website: or Via written request for a copy from the District. Written comments or questions regarding the draft IS/MND should be submitted to: Erika Carpenter Environmental Planner Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA Phone: (408) Fax: (408) [email protected] Page 2

9 Submittal of written comments via will greatly facilitate the response process. The District will has considered all comments and make any made necessary changes to the document prior to approval of the final IS/MND by the District Board of Directors. Interagency Collaboration and Regulatory Review The CEQA review process is intended to provide responsible agencies with an opportunity to provide input into the project in order to assist with their responsibilities. Responsible agencies are those that have some responsibility or authority for carrying out or approving a project; in many instances these public agencies must make a discretionary decision to issue a permit; provide right-of-way, funding or resources to the project. In this instance the Regional Water Quality Control Board and California Department of Fish and Wildlife would be considered responsible agencies. This IS/MND is intended to assist federal, state and local agencies to carry out their responsibilities for permit review or approval authority over various aspect of the project. Implementation of the LTMP would likely require activity specific permitting as summarized in Table 1.1: Summary of Agency Approvals below. Table 1.1: Summary of Agency Approvals Agency Permit/Review Required United States Army Corps of Engineers Clean Water Act (CWA) 404 (33 U.S.C. 1344). United States Fish and Wildlife Service California Department of Fish and Wildlife California Regional Water Quality Control Board, San Francisco Bay Region Compliance with Federal Endangered Species Act (ESA) Fish and Game Code 1602 Streambed Alteration Agreement CWA 401 (33 U.S.C. 1341) Water Quality Certification SECTION 2: LONG TERM MANAGEMENT PLAN DESCRIPTION In December 2012, the OSA purchased three parcels surrounding the upper end of Cherry Flat Reservoir in the Upper Penitencia Creek watershed ( Upper Penitencia Property ). The approximately 222-acre Upper Penitencia Creek Property (hereinafter Property or project site ) is shown in Figure 1: Project Vicinity. The Santa Clara Valley Water District (SCVWD) is proposing to purchase the Property from OSA for the purpose of providing mitigation in perpetuity for impacts associated with the SCVWD s 2002 Multi-Year Stream Maintenance Program (SMP-1) 1 under the Stream and Watershed Protection Program (S&WPP). The Property may also provide mitigation for other SCVWD projects, either currently identified or to be identified in the future, including, but not limited to the SMP-2. 2 In addition to providing mitigation for current and future SCVWD projects, 1 The Stream Maintenance Program (SMP-1) is a long-term program that establishes routine maintenance and management of streams under the jurisdiction of the SCVWD and below 1,000 feet between the years Similar to SMP-1, SMP-2 is the District s program for routine stream maintenance activities between the years Page 3

10 this property acquisition transaction would also meet OSA s public recreation needs and serve a mutual open space preservation goal. Once the SCVWD acquires the Property, it would retain ownership of the project site but would grant a conservation easement (CE) to OSA on approximately 201 acres of the project site. The CE would describe a commitment to preserve and protect the CE area s conservation values for the purpose of providing mitigation credit for the SCVWD s S&WPP (part of the 2002 SMP). The CE would also provide opportunities for ecologically sensitive public enjoyment of the Property. A LTMP has been developed for the Property which establishes the objectives, priorities and tasks to monitor, manage and maintain the Property and ensures the conservation values of the property are maintained. The LTMP in its entirety has been attached as Appendix A. Existing Conditions The Property is comprised of 222 acres and was part of a larger 2,000 acre ranch owned by the Kammerer family. The Property was historically used for cattle grazing, as well as wildliferelated uses including fishing and hunting. Grazing at the Property was relatively moderate. Since 2012, when the property was acquired by OSA, no formal grazing regime has been implemented. The Property is largely undeveloped and supports a mix of grassland, scrubland and woodland communities as shown in Figure 2: Vegetation Map. The predominant characteristic of the Property are steeply sloping hillsides dissected by 26 ephemeral and intermittent drainages, including Upper Penitencia Creek. Existing physical improvements include two main drivable dirt roads that traverse the Property; fencing (e.g. 4 and 5-strand barbed wire), and gates. Existing improvements on the Property are shown in Figure 3: Existing Improvements at the Property. Surrounding Land Uses The majority of the properties in the project vicinity are undeveloped and have been used for long-term cattle grazing. Lands adjacent to the Property include a combination of public and private ownership for private ranching, parks, research, and mitigation purposes. Surrounding land uses include: the Blue Oak Ranch Reserve (3,260 acres), which is part of the University of California (UC) Natural Reserve System (NRS) located to the southeast; the Kammerer Ranch (1,756-acres), which is owned by The Nature Conservancy located to the north and to the east; Cherry Flat Reservoir (City of San Jose) located to the west; and private ranch lands located to the northwest and southwest of the Property. Nearby open space areas include the San Francisco Utilities Commission lands to the north; OSA lands to the west; and Joseph D. Grant County Park to the south. Surrounding land uses are shown in Figure 1: Project Vicinity and Surrounding Land Uses. Page 4

11 Figure 1: Project Vicinity and Surrounding Land Uses Page 5

12 Figure 2: Vegetation Map Page 6

13 Figure 3: Existing Improvements at the Property Long Term Management Plan Goals and Objectives The overall goal of the LTMP is to ensure that the Property is monitored, maintained and managed in a manner that preserves its conservation values in perpetuity, consistent with the conservation easement, the SCVWD s mitigation goals and the mission of the OSA. Consistent with the mitigation goals and Property characteristics, the conservation values are: Over four miles of seasonal streams, as well as a spring and four ponds (three seasonal and one perennial); A mosaic of open rangeland and numerous and varied vegetation and habitat types including oak savannas, woodlands and forests, non-native annual grasslands and sagebrush scrub providing habitat for a wide variety of birds, mammals, reptiles, amphibians, and invertebrates; Potential breeding and upland dispersal habitat for sensitive amphibians: the federally threatened California red-legged frog (CRLF; Rana draytonii) and the state and federally threatened California tiger salamander (CTS; Ambystoma californiense); and Ecological connectivity to the adjacent and surrounding open space and watershed land network. The LTMP establishes objectives, priorities, and tasks to monitor, manage, maintain and report on the waters of the U.S./State and riparian areas that are subject to the California Department of Fish and Game (CDFW) regulations and overall conservation values on the entire Property, Page 7

14 which will be managed according to the LTMP. In addition, the LTMP is a binding and enforceable instrument, implemented by the conservation easement covering a portion of the Property. The areas that will be covered by the approximately 201 acre CE are defined in the easement. The CE and LTMP together will provide for the long-term protection, maintenance, and management of the CE area and its conservation values. As identified in the LTMP, the goals for the SCVWD Upper Penitencia Creek Property LTMP are to: Meet the compensatory mitigation requirements of SCVWD s 2002 SMP; Preserve and allow for the improvement of the conservation values of the Property; Provide coordinated, unified management for the entire Property; Provide feasible and effective conservation guidelines, standards and priorities for resource management, monitoring and adaptive management; Be compatible with and promote cooperation among the various land owners/managers within the upper end of the Upper Penitencia Watershed (e.g., with respect to grazing regimes and invasive species control) to help ensure the survival of viable populations of sensitive species and healthy biotic communities in the area as a whole; Provide flexibility as needed to adapt management practices in response to monitoring and field observations and best management practices, and meet revised or newly established mitigation goals for the Property over time; and Incorporate public access opportunities consistent with natural resource management goals. LTMP Description Organization of the LTMP: The LTMP for the Property contains two distinct components. The first component identifies Initial Site Improvements (Chapter II, Section 4.0 of the LTMP) and the second component identifies the elements of the Long Term Management and Monitoring Plan (Chapter III, Section 5.0 of the LTMP). Initial Site Improvements - Section 4.0 of the LTMP: Some initial actions are planned to further improve the existing conditions and facilitate longterm management of the project site. These activities are described in this analysis in order to evaluate potential short-term impacts to the Property. Proposed initial site improvements for the Property include the following activities: Repair of a waterline connection to an existing cattle trough; Road rehabilitation in two locations located at stream crossings (Stream 2 and Stream 2C) and focused blading of the minor slumping of the upslope banks on some of the roadways; and Page 8

15 Repair of an eroded gully below K-1 pond spillway. These initial improvements are proposed to be completed within five years after initiation of the LTMP and are intended to ensure the long-term function of infrastructure and facilitate land management of the Property. The initial site improvements are shown in Figure 4: Initial Site Improvements. Watering Trough Reconnection An existing water trough ( Quail Spring ) that is fed by a stream at Stream 10 via a metal pipe has been disconnected due to a breakage below the spring. The proposed project will include reconnecting the pipe from the spring box at Stream 10 to the cattle trough. Reconnection of the water line would be conducted by hand by crews that would hike to the site. Road Rehabilitation Road rehabilitation is proposed at drainages in order to address minor erosion issues. These improvements are located at road crossings with Stream 2 and Stream 2C as shown in Figure 4: Initial Site Improvements. Road rehabilitation activities are anticipated to be minor and include the placement of 6 to 12-inch rock just downstream of the road crossings and smaller bed rock within the road bed for continued use of the road while limiting further erosion. These improvements would require the excavation of four cubic yards of soil and the placement of approximately 5 to 6 cubic yards of rock. Road rehabilitation would occur in the dry season when there is no water in the streams. Figure 4: Initial Site Improvements Page 9

16 In addition, minor slumping of the upslope bank along some segments of the drivable roads would be addressed through focused blading. To maintain access by SCVWD and OSA, as well as emergency personnel, some tree limbs and vegetation overhanging the roadway would be pruned. Gully Repair During periods in which Pond K1 has filled and overflowed, water spilling out of the pond has eroded a gully within and downslope of the pond s spillway. The gully would be lined with one foot deep rip-rap comprised of 3 to 6-inch rock for a total of 10 cubic yards of rock. Repair of the gully would require excavation of approximately two cubic yards of soil. Long Term Management and Monitoring of the Upper Penitencia Creek Property Section 5.0 of the LTMP The overall goal of long-term management of the LTMP, as identified on page 20 of the LTMP, is to foster the long-term viability of the Property s waters of the U.S./State and 1600 jurisdiction and overall conservation values. This goal will be met through routine monitoring and management of the conditions that support the Property s biological resources, by maintaining existing infrastructure and by providing for security and public safety. The major management and monitoring practices for the Property include: Monitoring and management of sensitive habitats, including streams and ponds, while continuing cattle grazing to maintain and improve the conservation values that currently exist on the Property; Monitoring and maintenance of existing roads; Monitoring and management of invasive weed control; Conservation of existing habitat that may be suitable for California Tiger Salamander (CTS); Conservation of existing habitat that may be suitable for California Red Legged Frog (CRLF); and Documentation of other sensitive wildlife and plant species on the Property. Other areas of focus include improvements to infrastructure and facilities, security and safety improvements while providing opportunities for public access, and reporting on the progress and outcomes of the proposed management practices. These areas of focus are expected to support all conservation values of the Property. See section 5.0 of the LTMP. Elements of Long Term Management and Monitoring Plan of the Upper Penitencia Creek Property: Sections 6.0, 7.0, 8.0 and 9.0 of the LTMP There are four major elements to the long term management and monitoring of the preserve identified in the LTMP. Each major element describes sub elements with supporting objectives. All major elements, sub elements and objectives are consistent with the overall goal of the LTMP stated above. Table 2.1: Elements and Sub-Elements of the LTMP summarizes the Page 10

17 major elements and sub-elements of the LTMP. Specific details of the elements and objectives are described in sections 6.0, 7.0, 8.0, 9.0 of the LTMP and described in Appendix A. LTMP Element 1. Biological Resource Management and Monitoring Table 2.1: Elements and Sub-Elements of the LTMP Sub Element A. Streams, Springs, and Ponds Monitoring and maintaining residual dry matter; implementation of a grazing strategy; annual monitoring of sensitive areas following grazing; rehabilitation of existing degraded road areas to minimize erosion potential and annual post-grazing qualitative monitoring to assess the conditions of streams, springs, ponds; and associated wetland habitats. B. Livestock Grazing Management Implementation of a prescribed livestock grazing strategy and Residual Dry Matter monitoring to confirm that the grazing strategy is being conducted as specified in the LTMP. C. Non-native Invasive Plant Species Management Implementation of Integrated Pest Management (IPM) techniques to control invasive species and monitoring of known moderate to high ranking invasive plant species population and documentation of new occurrences or new invasive plant species. D. California Tiger Salamander (CTS) Incidental CTS observations. E. California Red Legged Frog (CRLF) Incidental CRLF observations. F. Other Sensitive Species Sensitive wildlife and plant observations. 2. Infrastructure and Facilities G Grazing Infrastructure: Fencing, Gates, Troughs Monitoring and routine maintenance of fencing, gates, and troughs and installation of signage. 3. Security, Safety and Public Access: H. Roads Annual monitoring of roads; maintenance of roads including re-grading between three and five days every five years as needed; and minor woody vegetation removal. I. Pipelines and Spring Boxes Annual monitoring to assess the use and condition of any pipelines and spring boxes associated with troughs and on-site ponds. J. Public Access Limited access for special events and for scientific research; weekly foot patrols to observe the existing trails and trail site conditions; implementation of multi-use recreation on existing roads when access is obtained by OSA on the adjacent properties; and future recreational improvements. K. Trash and Trespass Monthly monitoring of trash and/or trespass and annually remove or rectify problems. 4. Reporting L. Prepare Annual Report Preparation of an annual report for submittal to the resource agencies. Note: For specific description of the elements and sub elements, see Chapter II, Section of the LTMP. Page 11

18 Specific activities and requirements of the elements and sub-elements as noted in Table 2.2: Elements and Sub-Elements of the LTMP are described in the LTMP based on information currently known to the District. All future activities associated with implementation of the elements and sub-elements covered under the LTMP are subject to the requirements outlined as discussed in the appropriate sections. While all future activities are not currently known, it is assumed that future work will be consistent with the plan as described. Additionally, these future activities may be identified through the adaptive management process outlined in the LTMP and discussed below. See Appendix A for the specific descriptions and requirements associated with the implementation of the LTMP. Adaptive Management and Identification of Future Activities The management objectives and approaches described in the LTMP have been established based on existing information on the condition and resources within the Property, the effects of past management activities, and the experience of natural resource professionals in designing resource management approaches. Because the Property s management to date has focused on cattle ranching, and the LTMP will shift the focus of the management to sensitive habitats, it is anticipated that management will improve biological resource conditions. There is some uncertainty involved in prescribing a management approach as specific details about some future activities undertaken to meet the LTMP objectives are unknown. As a result, the management approach described in the LTMP will be adapted as necessary to maintain and improve biological resource values based on monitoring results. Additionally, as future specific activities associated with implementation of the LTMP are defined over time, additional environmental review may be required. Conservation Easement The property covered by the LTMP will be acquired by the SCVWD to provide mitigation for impacts from District projects. To ensure mitigation credit, regulatory agencies require that a conservation easement is established and owned by another entity that is different than the property owner (SCVWD). The purposes of this conservation easement are to ensure that the property covered by the easement will be retained in perpetuity in its natural, restored, or enhanced condition as contemplated by the LTMP, and to prevent any use that will impair or interfere with the conservation values of the Preserve. As described above, SCVWD plans to grant an easement to OSA in order to permanently limit uses of the land to protect its conservation values in perpetuity. Consistency with Santa Clara Valley Habitat Plan (VHP) The project site is located within the boundaries of the Santa Clara Valley Habitat Plan (VHP). The LTMP and the initial site improvements fall within one of the general categories of covered activities that have been identified in the VHP, specifically the category of Conservation Strategy Implementation (i.e., activities within the lands managed, enhanced, restored, and monitored to conserve the natural resources targeted by the VHP). The VHP is a joint habitat conservation plan and natural communities conservation plan developed to serve as the basis for issuance of incidental take permits and authorizations pursuant to Section 10 of the federal Endangered Species Act and California Natural Community Conservation Planning Act. All plan activities, including construction associated with the initial site improvements will be implemented consistent with requirements outlined in the VHP. The impacts associated with those activities were previously evaluated at a programmatic level in the Valley Habitat Plan Final Environmental Impact Report/Environmental Impact Statement. (ICF 2012). Chapter 6 of the VHP describes conditions on covered activities that help meet avoidance and minimization Page 12

19 goals at a regional level. Regional avoidance and minimization reduces the need for individual projects to avoid and minimize impacts at the project scale and allows streamlining of regulatory requirements. As covered activities under the VHP, implementation of the LTMP and construction of initial site improvements would be subject to the following conditions: Condition 1. Avoid Direct Impacts on Legally Protected Plant and Wildlife Species. Compliance with this measure on the Property would necessitate avoiding take of nesting white-tailed kites either by implementing repairs during the non-breeding season (1 September to 31 January) or by conducting pre-construction surveys and maintaining appropriate buffers around kite nests that contain eggs or young. Condition 3. Maintain Hydrologic Conditions and Protect Water Quality. Compliance with this measure necessitates implementing the measures listed in Chapter 6 of the Santa Clara Valley Habitat Plan ( these measures are BMPs to protect water quality and avoid other adverse effects, and many of them overlap or are similar to the District s BMPs. Condition 4. Avoidance and Minimization for In-Stream Projects. Like Condition 3, compliance with this measure necessitates implementing the measures listed in Table 6-2 of the VHP; these measures are BMPs to protect water quality and avoid other adverse effects, and many of them overlap or are similar to the District s BMPs. Condition 5. Avoidance and Minimization Measures for In-Stream Operations and Maintenance. Like Condition 3, compliance with this measure necessitates implementing the measures listed in Table 6-2 of the VHP; these measures are BMPs to protect water quality and avoid other adverse effects, and many of them overlap or are similar to the District s BMPs. Condition 8. Implement Avoidance and Minimization Measures for Rural Road Operations and Maintenance. Compliance with this measure necessitates implementing the measures listed in Table 6-4 of the VHP; these measures are BMPs to protect water quality and avoid other adverse effects, and many of them overlap or are similar to the District s BMPs. Condition 9. Preserve and Implement a Recreation Plan. Compliance with this measure minimizes recreational use impacts on biological resources. Compliance with this condition requires that a recreation plan is developed and approved as part of a reserve unit management plan. Condition 12. Wetland and Pond Avoidance and Minimization. Compliance with this measure includes incorporation of design, construction, and site restoration guidelines that are already incorporated into the proposed road repairs and/or the District s standard BMPs. Condition 14. Valley Oak Woodland and Blue Oak Woodland Avoidance and Minimization. Compliance with this measure includes employing measures during initial site improvements and maintenance activities to avoid and minimize impacts to Valley Oak and Blue Oak Woodland in areas mapped by the VHP as containing one of these land cover types. Page 13

20 Best Management Practices To avoid or minimize effects in the plan area during construction of the initial site improvements, a range of Best Management Practices (BMPs), have been incorporated into the project description. BMPs are designed to address anticipated effects of certain work activities on particular types of resources. They have been incorporated from the District BMP manual and are included in Table 2.2: Best Management Practices. Page 14

21 Table 2.2: Best Management Practices BMP # BMP Title BMP Description Air Quality AQ-1 Use Dust Control Measures The following Bay Area Air Quality Management District (BAAQMD) Dust Control Measures will be implemented: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered; 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; 4. Water used to wash the various exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, etc.) will not be allowed to enter waterways; 5. All vehicle speeds on unpaved roads shall be limited to 15 mph; 6. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; 7. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations), and this requirement shall be clearly communicated to construction workers (such as verbiage in contracts and clear signage at all access points); 8. All construction equipment shall be maintained and properly tuned in accordance with manufacturer s specifications, and all equipment shall be checked by a certified visible emissions evaluator; 9. Correct tire inflation shall be maintained in accordance with manufacturer s specifications on wheeled equipment and vehicles to prevent excessive rolling resistance; and, 10. Post a publicly visible sign with a telephone number and contact person at the lead agency to address dust complaints; any complaints shall be responded to and take corrective action within 48 hours. In addition, a BAAQMD telephone number with any applicable regulations will be included. Page 15

22 Table 2.2: Best Management Practices BMP # BMP Title BMP Description AQ-2 Avoid Stockpiling Odorous Materials Materials with decaying organic material, or other potentially odorous materials, will be handled in a manner that avoids impacting residential areas and other sensitive receptors, including: 1. Avoid stockpiling potentially odorous materials within 1,000 feet of residential areas or other odor sensitive land uses; and 2. Odorous stockpiles will be disposed of at an appropriate landfill. Biological Resources BI-1 Remove Temporary Fill Temporary fill materials, such as for diversion structures or cofferdams, will be removed upon finishing the work or as appropriate. The creek channels and banks will be recontoured to match pre-construction conditions to the extent possible. Low-flow channels within non-tidal streams will be contoured to facilitate fish passage and will emulate the preconstruction conditions as closely as possible, within the finished channel topography. BI-2 Minimize Adverse Effects of Pesticides on Non-target Species Pesticides refers to any herbicide, insecticide, rodenticide, algaecide, fungicide, or any combination of substances intended to prevent, destroy, or repel any pest. Pesticides will be handled, stored, transported, and used in compliance with any established directions and in a manner that minimizes negative environmental effects on non-target species and sensitive habitats. The proposed project plan for handling, storing, transporting and using pesticides must be reviewed and approved by both of the following subject matter experts: 1. District s Pest Control Advisor (a State-certified Qualified Applicator) the plan will be reviewed, and modified as deemed appropriate, for compliance with: District policy, label restrictions and any advisories published by the California Department of Pesticide Regulation, the Santa Clara County Division of Agriculture, and the U.S. EPA bulletin Protecting Endangered Species, Interim Measures for Use of Pesticides in Santa Clara County (USEPA 2000). 2. Qualified District Biologist (as defined in EMAP-30264) the plan will be reviewed, and modified as deemed appropriate, for compliance with: District policy, approved environmental review documents, project permits, and avoidance of all known listed (Threatened or Endangered) and sensitive species. Information sources for determination of all known locations of species that may be harmed by pesticides include the District s GIS system and California Natural Diversity Database (CNDDB). Either the District s Pest Control Advisor or the Qualified District Biologist may modify the proposed pesticide plan, such as establishing buffer areas or prohibiting the use of Page 16

23 Table 2.2: Best Management Practices BMP # BMP Title BMP Description pesticides outright, based on site-specific data, current regulatory requirements, and District policy. The purchase of all pesticides must be approved by the District s Pest Control Advisor to ensure compliance with the District s Control and Oversight of Pesticide Use policy and appropriate regulatory agency reporting requirements. BI-3 Choose Local Ecotypes Of Native Plants and Appropriate Erosion- Control Seed Mixes Whenever native species are prescribed for installation the following steps will be taken by a qualified biologist or vegetation specialist: 1. Evaluate whether the plant species currently grows wild in Santa Clara County; and, 2. If so, the qualified biologist or vegetation specialist will determine if any need to be local natives, i.e. grown from propagules collected in the same or adjacent watershed, and as close to the project site as feasible. 3. Also, consult a qualified biologist or vegetation specialist to determine which seeding option is ecologically appropriate and effective, specifically: 4. For areas that are disturbed, an erosion control seed mix may be used consistent with the SCVWD Guidelines and Standards for Land Use Near Streams, Design Guide 5, Temporary Erosion Control Options. 5. In areas with remnant native plants, the qualified biologist or vegetation specialist may choose an abiotic application instead, such as an erosion control blanket or seedless hydro-mulch and tackifier to facilitate passive revegetation of local native species. 6. Temporary earthen access roads may be seeded when site and horticultural conditions are suitable. 7. If a gravel or wood mulch has been used to prevent soil compaction per BI-11, this material may be left in place [if ecologically appropriate] instead of seeding. Seed selection shall be ecologically appropriate as determined by a qualified biologist, per Guidelines and Standards for Land Use Near Streams, Design Guide 2: Use of Local Native Species. Page 17

24 Table 2.2: Best Management Practices BMP # BMP Title BMP Description BI-4 Avoid Animal Entry and Entrapment All pipes, hoses, or similar structures less than 12 inches diameter will be closed or covered to prevent animal entry. All construction pipes, culverts, or similar structures, greater than 2-inches diameter, stored at a construction site overnight, will be inspected thoroughly for wildlife by a qualified biologist or properly trained construction personnel before the pipe is buried, capped, used, or moved. If inspection indicates presence of sensitive or state- or federally-listed species inside stored materials or equipment, work on those materials will cease until a qualified biologist determines the appropriate course of action. To prevent entrapment of animals, all excavations, steep-walled holes or trenches more than 6-inches deep will be secured against animal entry at the close of each day. Any of the following measures may be employed, depending on the size of the hole and method feasibility: 1. Hole to be securely covered (no gaps) with plywood, or similar materials, at the close of each working day, or any time the opening will be left unattended for more than one hour; or 2. In the absence of covers, the excavation will be provided with escape ramps constructed of earth or untreated wood, sloped no steeper than 2:1, and located no farther than 15 feet apart; or In situations where escape ramps are infeasible, the hole or trench will be surrounded by filter fabric fencing or a similar barrier with the bottom edge buried to prevent entry. BI-5 Minimize Predator-Attraction Remove trash daily from the worksite to avoid attracting potential predators to the site. Hazards and Hazardous Materials HM-1 Comply with All Pesticide Application Restrictions and Policies Pesticide products are to be used only after an assessment has been made regarding environmental, economic, and public health aspects of each of the alternatives by the District s Pest Control Advisor (PCA). All pesticide use will be consistent with approved product specifications. Applications will be made by, or under the direct supervision of, State Certified applicators under the direction of, or in a manner approved by the PCA. Refer to Q751D02, Control and Oversight of Pesticide Use. HM-2 Minimize Use of Pesticides In all cases, where some form of pest control is deemed necessary by the PCA; evaluate alternative pest control methods and pesticides. Refer to Q751D02: Control and Oversight of Pesticide Use. HM-3 Post Areas Where Pesticides Will Be Used Posting of areas where pesticides are to be used shall be performed in compliance with Q751D02: Control and Oversight of Pesticide Use. Posting shall be performed in compliance with the label requirements of the product being applied. Page 18

25 Table 2.2: Best Management Practices BMP # BMP Title BMP Description HM-4 HM-5 HM-6 Comply with All Pesticide Usage Requirements Comply with Restrictions on Herbicide Use in Upland Areas Comply with Restrictions on Herbicide Use in Aquatic Areas In addition, the District shall provide posting for any products applied in areas used by the public for recreational purposes, and areas readily accessible to the public, regardless of whether the label requires such notification (the posting method may be modified to avoid destruction of bait stations or scattering of rodenticide), including: 1. Sign postings shall notify staff and the general public of the date and time of application; the product s active ingredients, and common name; and, the time of allowable re-entry into the treated area. 2. A District staff contact phone number shall be posted on the sign. 3. Signs shall not be removed until after the end of the specified re-entry interval. 4. Right-to-know literature on the product shall be made available upon request to anyone in the area. Notification will take into account neighbors with specific needs prior to treatment of an adjacent area to ensure such needs are met. Such requests are maintained by the District under Q751D02. All projects that propose ongoing use of pesticides will comply with all provisions of Q751D02: Control and Oversight of Pesticide Use, including, but not necessarily limited to the following: 1. All pest control methods will be performed only after a written Pest Control Recommendation for use has been prepared by the District s PCA in accordance with requirements of the California Food and Agricultural Code. F751D01 Pest Control Recommendation & Spray Operators Report will be completed for each pesticide application. Consistent with provisions of Q751D02: Control and Oversight of Pesticide Use, application of pre emergence (residual) herbicides to upland areas will not be made within 72 hours of predicted significant rainfall. Predicted significant rainfall for the purposes of this BMP will be described as local rainfall greater than 0.5 inch in a 24- hour period with greater than a 50% probability of precipitation according to the National Weather Service. Consistent with provisions of Q751D02: Control and Oversight of Pesticide Use, only herbicides and surfactants registered for aquatic use will be applied within the banks of channels within 20 feet of any water present. Furthermore, aquatic herbicide use will be limited to June 15 th through October 31 st with an extension through December 31 or until the first occurrence of any of the following conditions; whichever happens first: 1. local rainfall greater than 0.5 inches is forecasted within a 24-hour period from Page 19

26 Table 2.2: Best Management Practices BMP # BMP Title BMP Description planned application events according to the National Weather Service; or 2. when steelhead begin upmigrating and spawning in the 14 steelhead creeks, as determined by a qualified biologist (typically in November/December). If rain is forecast then application of aquatic herbicide will be rescheduled. HM-7 HM-8 Restrict Vehicle and Equipment Cleaning to Appropriate Locations Ensure Proper Vehicle and Equipment Fueling and Maintenance Vehicles and equipment may be washed only at approved areas. No washing of vehicles or equipment will occur at job sites. No fueling or servicing will be done in a waterway or immediate flood plain, unless equipment stationed in these locations is not readily relocated (i.e., pumps, generators). 1. For stationary equipment that must be fueled or serviced on-site, containment will be provided in such a manner that any accidental spill will not be able to come in direct contact with soil, surface water, or the storm drainage system. 2. All fueling or servicing done at the job site will provide containment to the degree that any spill will be unable to enter any waterway or damage riparian vegetation. 3. All vehicles and equipment will be kept clean. Excessive build-up of oil and grease will be prevented. 4. All equipment used in the creek channel will be inspected for leaks each day prior to initiation of work. Maintenance, repairs, or other necessary actions will be taken to prevent or repair leaks, prior to use. If emergency repairs are required in the field, only those repairs necessary to move equipment to a more secure location will be done in a channel or flood plain. Page 20

27 Table 2.2: Best Management Practices BMP # BMP Title BMP Description HM-9 Ensure Proper Hazardous Materials Management Measures will be implemented to ensure that hazardous materials are properly handled and the quality of water resources is protected by all reasonable means. 1. Prior to entering the work site, all field personnel will know how to respond when toxic materials are discovered. 2. Contact of chemicals with precipitation will be minimized by storing chemicals in watertight containers with appropriate secondary containment to prevent any spillage or leakage. 3. Petroleum products, chemicals, cement, fuels, lubricants, and non-storm drainage water or water contaminated with the aforementioned materials will not contact soil and not be allowed to enter surface waters or the storm drainage system. 4. All toxic materials, including waste disposal containers, will be covered when they are not in use, and located as far away as possible from a direct connection to the storm drainage system or surface water. 5. Quantities of toxic materials, such as equipment fuels and lubricants, will be stored with secondary containment that is capable of containing 110% of the primary container(s). 6. The discharge of any hazardous or non-hazardous waste as defined in Division 2, Subdivision 1, Chapter 2 of the California Code of Regulations will be conducted in accordance with applicable State and federal regulations. In the event of any hazardous material emergencies or spills, personnel will call the Chemical Emergencies/Spills Hotline at HM-10 Utilize Spill Prevention Measures Prevent the accidental release of chemicals, fuels, lubricants, and non-storm drainage water following these measures: 1. Field personnel will be appropriately trained in spill prevention, hazardous material control, and clean up of accidental spills; 2. Equipment and materials for cleanup of spills will be available on site, and spills and leaks will be cleaned up immediately and disposed of according to applicable regulatory requirements; 3. Field personnel will ensure that hazardous materials are properly handled and natural resources are protected by all reasonable means; 4. Spill prevention kits will always be in close proximity when using hazardous materials (e.g., at crew trucks and other logical locations), and all field personnel will be advised of these locations; and, 5. The work site will be routinely inspected to verify that spill prevention and response measures are properly implemented and maintained. Page 21

28 Table 2.2: Best Management Practices BMP # BMP Title BMP Description HM-11 Incorporate Fire Prevention Measures 1. All earthmoving and portable equipment with internal combustion engines will be equipped with spark arrestors. 2. During the high fire danger period (April 1 December 1), work crews will have appropriate fire suppression equipment available at the work site. 3. An extinguisher shall be available at the project site at all times when welding or other repair activities that can generate sparks (such as metal grinding) is occurring. Smoking shall be prohibited except in designated staging areas and at least 20 feet from any combustible chemicals or vegetation. Hydrology and Water Quality WQ-1 Conduct Work from Top of Bank For work activities that will occur in the channel, work will be conducted from the top of the bank if access is available and there are flows in the channel. WQ-2 WQ-3 Limit Impacts From Staging and Stockpiling Materials Stabilize Construction Entrances and Exits 1. To protect on-site vegetation and water quality, staging areas should occur on access roads, surface streets, or other disturbed areas that are already compacted and only support ruderal vegetation. Similarly, all equipment and materials (e.g., road rock and project spoil) will be contained within the existing service roads, paved roads, or other pre-determined staging areas. 2. Building materials and other project-related materials, including chemicals and sediment, will not be stockpiled or stored where they could spill into water bodies or storm drains. 3. No runoff from the staging areas may be allowed to enter water ways, including the creek channel or storm drains, without being subjected to adequate filtration (e.g., vegetated buffer, swale, hay wattles or bales, silt screens). 4. The discharge of decant water to water ways from any on-site temporary sediment stockpile or storage areas is prohibited. 5. During the wet season, no stockpiled soils will remain exposed, unless surrounded by properly installed and maintained silt fencing or other means of erosion control. During the dry season; exposed, dry stockpiles will be watered, enclosed, covered, or sprayed with non-toxic soil stabilizers. Measures will be implemented to minimize soil from being tracked onto streets near work sites: 1. Methods used to prevent mud from being tracked out of work sites onto roadways include installing a layer of geotextile mat, followed by a 4-inch thick layer of 1 to Page 22

29 Hydrology and Water Quality 3-inch diameter gravel on unsurfaced access roads. Access will be provided as close to the work area as possible, using existing ramps where available and planning work site access so as to minimize disturbance to the water body bed and banks, and the surrounding land uses. WQ-4 WQ-5 WQ-6 Use Seeding for Erosion Control, Weed Suppression, and Site Improvement Prevent Scour Downstream of Sediment Removal Maintain Clean Conditions at Work Sites Disturbed areas shall be seeded with native seed as soon as is appropriate after activities are complete. An erosion control seed mix will be applied to exposed soils down to the ordinary high water mark in streams. 1. The seed mix should consist of California native grasses, (for example Hordeum brachyantherum; Elymus glaucus; and annual Vulpia microstachyes) or annual, sterile hybrid seed mix (e.g., Regreen, a wheat x wheatgrass hybrid). 2. Temporary earthen access roads may be seeded when site and horticultural conditions are suitable, or have other appropriate erosion control measures in place. After sediment removal, the channel will be graded so that the transition between the existing channel both upstream and downstream of the work area is smooth, and continuous between the maintained and non-maintained areas, and does not present a sudden vertical transition (wall of sediment) or other blockage that could erode once flows are restored to the channel. The work site, areas adjacent to the work site, and access roads will be maintained in an orderly condition, free and clear from debris and discarded materials on a daily basis. Personnel will not sweep, grade, or flush surplus materials, rubbish, debris, or dust into storm drains or waterways. For activities that last more than one day, materials or equipment left on the site overnight will be stored as inconspicuously as possible, and will be neatly arranged. Any materials and equipment left on the site overnight will be stored to avoid erosion, leaks, or other potential impacts to water quality Upon completion of work, all building materials, debris, unused materials, concrete forms, and other construction-related materials will be removed from the work site. WQ-7 Prevent Water Pollution Oily, greasy, or sediment laden substances or other material that originate from the project operations and may degrade the quality of surface water or adversely affect aquatic life, fish, or wildlife will not be allowed to enter, or be placed where they may later enter, any waterway. The project will not increase the turbidity of any watercourse flowing past the construction site by taking all necessary precautions to limit the increase in turbidity as follows: 1. where natural turbidity is between 0 and 50 Nephelometric Turbidity Units (NTU), Page 23

30 Hydrology and Water Quality increases will not exceed 5 percent; 2. where natural turbidity is greater than 50 NTU, increases will not exceed 10 percent; 3. where the receiving water body is a dry creek bed or storm drain, waters in excess of 50 NTU will not be discharged from the project. Water turbidity changes will be monitored. The discharge water measurements will be made at the point where the discharge water exits the water control system for tidal sites and 100 feet downstream of the discharge point for non-tidal sites. Natural watercourse turbidity measurements will be made in the receiving water 100 feet upstream of the discharge site. Natural watercourse turbidity measurements will be made prior to initiation of project discharges, preferably at least 2 days prior to commencement of operations. Traffic and Transportation TR-1 Incorporate Public Safety Measures Fences, barriers, lights, flagging, guards, and signs will be installed as determined appropriate by the public agency having jurisdiction, to give adequate warning to the public of the construction and of any dangerous condition to be encountered as a result thereof. Page 24

31 SECTION 3: ENVIRONMENTAL SETTING General Site Description for the Plan Area The LTMP is the planning framework for management of the Property. The 222-acre Property is located eight miles east of downtown San Jose on portions of Assessor Parcel Numbers (APN) , , and The Property lies on a west-facing slope of the Diablo Range, approximately 6.5 miles northwest of Mt. Hamilton. The Diablo Range extends 180 miles from Mt. Diablo in the northwest to the Polonio Pass in the southeast. The Diablo Range is largely undeveloped and supports a diverse mix of grassland, scrubland, and woodland communities. Cattle ranging and passive recreation are the predominant human uses throughout most of the Diablo Range. Elevations on the Property range from approximately 1,700 to 2,400 feet. The Property is primarily composed of steeply sloping hillsides that are dissected by 26 ephemeral and intermittent drainages, including Upper Penitencia Creek. Upper Penitencia Creek drains a 24 square mile area within the larger Coyote Creek watershed; it runs for approximately 11 miles from its headwaters in the Diablo Range to its confluence with Coyote Creek. Just downstream from the Property, Upper Penitencia Creek enters Cherry Flat Reservoir, which was constructed in 1936 to supply water to Alum Rock Park during the summer. Upper Penitencia Creek then flows through Alum Rock Park before exiting the hills onto the valley floor and through the City of San Jose for approximately four miles before joining Coyote Creek approximately ten miles upstream of San Francisco Bay. Surrounding Land Uses Most properties in the project vicinity are undeveloped and have been used for long-term cattle grazing. Lands adjacent to the Property include a combination of public and private ownership for private ranching, parks, research, and mitigation purposes. Surrounding land uses include: the Blue Oak Ranch Reserve (3,260 acres), which is part of the University of California (UC) Natural Reserve System (NRS) located to the southeast; the Kammerer Ranch (1,756-acres), which is owned by The Nature Conservancy located to the north and to the east; Cherry Flat Reservoir (City of San Jose) located to the west; and private ranch lands located to the northwest and southwest of the Property. Nearby open space areas include the San Francisco Utilities Commission lands to the north; OSA lands to the west; and Joseph D. Grant County Park to the south. Surrounding land uses are shown in Figure 1: Project Vicinity and Surrounding Land Uses. Plan Area Existing Infrastructure Description The Property is undeveloped and has very minimal existing infrastructure. Existing Infrastructure is shown on Figure 2: Existing Improvements (Section 2.0 Long Term Management Plan Description). Two main drivable dirt roads traverse the Property. The northern and southern roads run in an east-west orientation and connect to the adjacent TNC Kammerer Ranch. The northern road also creates a loop trail. Both roads traverse several of the streams on the Property. One of the stream crossings has a culverted crossing (24-inch corrugated metal pipe). However, the remaining stream crossings are not culverted. The Property also includes an abandoned road, which does not appear to have been used recently. This road runs in a north-south orientation and connects a portion of the drivable road in the center of the property with a gate at the southern end of the Property. Page 25

32 There are various fences and gates on the Property. The majority of the fences are 4 and 5- strand barbed wire, which follow the southern and western boundaries of the Property and a large portion of the Northern portion of the Property. The eastern portion of the Property is not separated from the TNC property by fencing. Internal fencing dissects the Property into four areas. One perennial pond, three seasonal ponds and one developed spring are dispersed throughout the Property. The developed spring at Stream 10 is connected to a cattle trough ( Quail Spring ) via a metal pipe; from this trough a rubber/pvc hose allows water to be conveyed downslope to the south to a seasonal pond. In addition to the trough at Quail Spring, a second cattle trough is present in a corral at the northwest corner of the Property. The trough is bisected by the fenced property line so that water in the trough can be used by cattle both on the Property and on the private property to the north. The Property has historically been used for cattle grazing. However, since the property was acquired by the OSA, no formal grazing regime has been implemented. SECTION 4: ENVIRONMENTAL EVALUATION Initial Study Checklist In accordance with CEQA, the following Initial Study Checklist analyzes the project s potential environmental effects in order to determine the appropriate level of environmental review needed. Answers to the checklist questions provide factual evidence and District rationale for determinations of the potential significance of impacts resulting from the proposed project. ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Upper Penitencia Creek Property Acquisition and Long-term Management Plan 2. Lead Agency Name and Address: 3. Contact Person and Phone Number: Santa Clara Valley Water District 5750 Almaden Expressway San Jose CA Erika Carpenter (408) Project Location: Approximately eight miles south of downtown San Jose in unincorporated Santa Clara County on portions of APN: , , and The proposed project is shown Figure 1: Project Vicinity and Surrounding Land Uses. 5. Project Sponsor s Name Santa Clara Valley Water District 5750 Almaden Expressway San Jose CA General Plan Designation: Ranchlands 7. Zoning: R-1-1 Page 26

33 8. Description of the Project: The proposed Long Term Management Plan identifies site improvements and long term management goals for the Upper Penitencia Creek Property. 9. Surrounding Land Uses and Setting: Most properties in the project vicinity are undeveloped and have been used for long-term cattle grazing. However, not all properties in the project vicinity continue to implement cattle grazing. Lands adjacent to the Property include a combination of public and private ownership for private ranching, parks, research, and mitigation purposes. Surrounding land uses include: the Blue Oak Ranch Preserve (3,260 acres), which is part of the University of California (UC) Natural Reserve System (NRS) located to the southeast; the Kammerer Ranch (1,756-acres), which is owned by The Nature Conservancy located to the north and to the east; Cherry Flat Reservoir (City of San Jose) located to the west; and private ranch lands located to the northwest and southwest of the Property. Surrounding land uses are shown in Figure 1: Project Vicinity and Surrounding Land Uses. The project site is 222 acres and was part of a larger 2,000 acre ranch owned by the Kammerer family. The Property was historically used for cattle grazing over, as well as wildlife-related uses including fishing and hunting. Grazing at the project site was relatively moderate. Since 2012, when the OSA acquired the Property from the Kammerer family, no formal grazing regime has been implemented at the project site. The project site is largely undeveloped and supports a mix of grassland, scrubland and woodland communities as shown in Figure 2: Vegetation Map. The predominant characteristic of the project site is steeply sloping hillsides dissected by 26 ephemeral and intermittent drainages, including Upper Penitencia Creek. Existing physical improvements include two main drivable dirt roads that traverse the property; fencing (e.g. 4 and 5-strand barbed wire) and gates on the Property. Existing improvements at the project site are shown in Figure 3: Existing Improvements at the Property. 10. Other public agencies whose approval is required: United States Army Corps of Engineers, United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CalDFW), Regional Water Quality Control Board (RWQCB), Santa Clara County. Page 27

34 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic On the basis of this initial evaluation: Utilities / Service Systems Mandatory Findings of Significance The District finds that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. The District finds that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. The District finds that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. The District finds that the proposed project MAY have a potentially significant impact or potentially significant unless mitigated impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. The District finds that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature September 19, 2014 Date Erika Carpenter Environmental Planner Santa Clara Valley Water District Page 28

35 1. Aesthetics Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Have a substantial adverse effect on a scenic vista or designated scenic highway? b) Substantially damage publicly visible scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? a d) No Impact. Currently the visual character of the LTMP area is characterized by steep hillsides dominated by oak woodlands and forests and interspersed with ephemeral and intermittent drainages. The only existing improvements on the Property include dirt roads, cattle fencing, and various gates. No new buildings would be constructed in association with the initial site improvements or implementation of the LTMP. The existing visual character of the Property would therefore not change from existing conditions. Implementation of the proposed initial site improvements and the LTMP would not have an adverse impact on a scenic vista or any scenic resources. The proposed LTMP would not create any new sources of light or glare. Therefore, the proposed project would have no impact on visual resources. Page 29

36 2. Agriculture Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a c) No Impact. According to the Santa Clara County Important Farmlands Map (Department of Conservation 2010), the project site and surrounding land uses are designated as Rangeland. According to the Santa Clara County Williamson Act Contract Map 2013/2014 (Department of Conservation 2014), the project site is under a Williamson Act contract. The Property has historically supported rangeland activities. No formal grazing regime has been implemented on the Property since it was purchased by OSA. However, the LTMP includes a livestock grazing strategy that maintains and may improve the conservation values that currently exist within the project site. The proposed project would not result in farmland conversion, conflicts with a Williamson Act contract, or conflicts with existing agricultural zoning. Therefore the proposed project would have no impact on agricultural resources. Page 30

37 3. Air Quality Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Conflict with or obstruct implementation of applicable air quality plans? b) Exceed any air quality standard by failing to adhere to assumptions used in the preparation of any Air Quality Plans? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion: This air quality impact analysis considers construction and operational air quality impacts associated with the construction of the initial site improvements and implementation of the LTMP against the Bay Area Air Quality Management District (BAAQMD) thresholds of significance. Equipment, trucks, worker vehicles, and ground-disturbing activities associated with initial site improvements, as well as any operational emissions (e.g. long-term road maintenance and multi-use recreation) on the existing roadways within the Property would generate emissions of criteria air pollutants and precursors. In June 2010, the BAAQMD adopted significance thresholds for agencies to use to assist with environmental review of projects. These thresholds were designed to establish the level at which BAAQMD believed air pollutant emissions would cause significant impacts under CEQA. The BAAQMD s recommended significance thresholds were included in its updated CEQA Guidelines (updated May 2012). In March 2012, the Alameda County Superior Court ruled that BAAQMD needed to comply with CEQA prior to adopting the Guidelines. The Superior Court did not determine whether the thresholds were valid on the merits, but found that the adoption of the thresholds was a project under CEQA. The court issued a writ of mandate ordering BAAQMD to set aside the thresholds and cease dissemination of them until BAAQMD complied with CEQA. On appeal, the First Appellate District Court of Appeal reversed the trial court s decision. The Court of Appeal s decision was appealed to the California Supreme Court, which granted limited review, and the matter is currently pending. In view of the trial court s order which remains in place pending final resolution of the case, BAAQMD is no longer recommending that their thresholds be used as a general measure of project s significant air Page 31

38 quality impacts; however, BAAQMD noted that lead agencies may rely on its updated CEQA Guidelines (updated May 2012) for assistance in calculating air emissions, obtaining information regarding health impacts of air pollutants, and identifying potential mitigation measures. The District has independently reviewed BAAQMD recommended thresholds from June 2010 including BAAQMD s Justification Report which explains the agency s reasoning for adopting the thresholds, and determined that they are supported by substantial evidence and are appropriate for use to determine significance in the environmental review of this project. Specifically, the District has determined that the BAAQMD thresholds are well-founded grounded on air quality regulations, scientific evidence, and scientific reasoning concerning air quality and greenhouse gas emissions. The BAAQMD recommended significance thresholds are provided in Table 4.1: BAAQMD Thresholds of Significance below. Table 4.1: BAAQMD Thresholds of Significance Emission Sources BAAQMD Thresholds of Significance Pollutants (pounds/day) ROG NOx PM 10 PM Source: BAAQMD a) Less than Impact. The most recently adopted air quality plan is the Bay Area 2010 Clean Air Plan (CAP). The CAP outlines how the San Francisco Bay Area will attain air quality standards, reduce population exposure and protect public health, and reduce GHG emissions. Implementation of the LTMP would result in construction activities for initial site improvements that would involve a minimal amount of excavation and earthwork associated with road rehabilitation, repair of the gully, and reconnection of a pipe at an existing water trough within the Property. The LTMP does not include any development, but rather improvements to an existing open space area and therefore would not contribute to or exceed air quality standards established in the Bay Area CAP or obstruct or conflict with implementation this plan. Furthermore, construction and operational activities associated with the LTMP would not exceed the BAAQMD s emissions thresholds (see Table 4.2: Construction and Operational Emissions). These thresholds are established to identify projects that have the potential to generate a substantial amount of criteria air pollutants. Because the proposed project would not exceed these thresholds, it would not be considered by the BAAQMD to be a substantial emitter of criteria air pollutants. Therefore, the proposed project would result in a less than significant impact. b) Less than Impact. The proposed LTMP would result in construction related emissions from implementation of the initial site improvements within the Property. Temporary air emissions would result from exhaust emissions from the construction equipment (e.g. excavators) utilized during initial improvements and long-term maintenance and monitoring activities, as well as from the motor vehicles of the construction crews, and particulate (fugitive dust) emissions from road rehabilitation activities. Additionally, implementation of the LTMP would result in emissions associated with long-term operation and maintenance of the Property, largely associated with monitors conducting annual monitoring on ATVs or by foot conducting annual inspections and maintenance and multi-use recreational use at the Property. Page 32

39 Short-term Construction/Initial Site Improvement Air Quality Emissions: Short-term air quality impacts are anticipated to occur during construction activities associated with the proposed initial site improvements. Construction activities would consist primarily of repair of an existing gully, road rehabilitation activities, and reconnection of a pipe at an existing water trough within the Property. Air emissions would result from the following activities: Particulate (fugitive dust) emissions from grading activities; Exhaust emissions from the construction equipment and the motor vehicles of the construction crew; and Odors could arise from the diesel fueled construction equipment used on-site. Odors generated during construction activities would be temporary and are not considered a significant impact as the nearest sensitive receptor is located approximately 2,500 feet south of the Property. Emissions produced during grading and construction activities are short-term, as they would occur only during implementation of initial site improvements. Construction activities for initial site improvements would take approximately 18 days to complete and would occur in April and May. There would be no simultaneous blading associated with the road rehabilitation in any single day. Construction-related and operational emissions have been evaluated consistent with methodologies outlined in the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines for assessing and mitigating air quality impacts. Construction-related exhaust emissions (associated with the proposed site improvements) are compared to the daily criteria pollutant emissions significance thresholds in order to determine the significance of potential impacts on regional air quality. The BAAQMD CEQA Guidelines also provide significance thresholds for criteria pollutant and precursor emissions associated with operational activities. The analysis of daily construction emissions was evaluated using CalEEMod Version (Copyright 2013), which is released by the California Air Pollution Control Officers Association (CAPCOA). Emissions associated with the proposed project are shown in Table 4.2: Construction Emissions and Operational Emissions. The modeling outputs are included in Appendix B: Air Quality Modeling. Table 4.2: Construction and Operational Emissions Emission Sources Page 33 Pollutants (pounds/day) ROG NO x PM 10 PM 2.5 Initial Site Improvements Emissions Operational Emissions BAAQMD Thresholds of Significance Is the Threshold Exceeded? No No No No Notes: Emissions are reported for Winter months. As noted in Table 4.2: Construction and Operational Emissions, the CalEEMod analysis indicates that construction related emissions for criteria pollutants ROG, NO x, PM 10 and PM 2.5 would not exceed the BAAQMD significance thresholds. As a result, potential impacts associated with emissions from construction of the initial site improvements would be less than

40 significant. In addition, applications of BMP AQ-1 and AQ-2 as identified in Table 2.2: Best Management Practices would further reduce short-term air quality impacts. Operational (Maintenance, Monitoring, and Recreation) Air Quality Emissions: Operational activities associated with the proposed project would include annual monitoring of the existing roads each May (after the rainy season) to determine the conditions of the road surfaces and stream crossings. Monitoring would be conducted by foot and/or by ATV. Based on annual monitoring, maintenance of the roadways would occur approximately once every five years. Maintenance activities of the roadways would consist of loosening of the soil within the roadways (e.g. discing, tilling or otherwise loosening the soil) and incorporation of the materials back into the road to ensure that no spoils are deposited on the road edges. There would be no anticipated import or export of soil from the Property. Maintenance of the roadways is not anticipated to occur simultaneously. However, as a conservative approach, operational emissions were calculated based on road maintenance activities occurring for three to five days in a single year. Operational activities would also include multi-use recreational activities (hikers, bikers, and equestrians) on existing roads within the Property. Based on the remote location (e.g. more than four miles from an existing parking lot), the trails are anticipated to be used sparingly by bicyclists, hikers and equestrians. Estimates provided by OSA include an average of ten bicyclists, six hikers, and two equestrians per weekend (Written Communication with Derek Neumann, Open Space Authority on July 30, 3014). During the weekdays, the estimated daily use would be even less. The Property would only be accessed from trails on properties adjacent to the project site and therefore would not result in a direct increase in vehicles to the property since users would need to traverse other properties before reaching the project site. Although, OSA would need to acquire access to the Property before multi-use recreation can be implemented at the project site, the impacts associated with this activity were evaluated herein. Emissions associated with operational activities (e.g. multi-use recreation of existing trails, monitoring, and road rehabilitation) were calculated using CalEEMod and are summarized in Table 4.2: Construction and Operational Emissions, which shows that operation and maintenance of the proposed project would not exceed BAAQMD emissions thresholds. Therefore, a less than significant impact would occur in this regard. c) Less than significant Impact. Cumulative Short-Term Emissions: The San Francisco Bay Area Air Basin is designated non-attainment for O 3, PM 10, and PM 2.5 for state standards, and non attainment for O 3 and PM 10 for federal standards. As noted in Table 4.2, the project s construction-related emissions by themselves would not have the potential to exceed the BAAQMD significance thresholds for criteria pollutants. Since these thresholds indicate whether an individual project s emissions have the potential to affect cumulative regional air quality, it can be expected that the construction emissions from initial site improvements would not be cumulatively considerable. The BAAQMD recommends application of standard measures for all projects whether or not construction-related emissions exceed the thresholds of significance. Application of air quality related BMP s even when emissions are below BAAQMD thresholds are considered to reduce cumulative impacts within the air basin. See BMPs AQ-1 and AQ-2. Emissions associated with the construction of the initial site improvements would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. Page 34

41 Cumulative Long-Term Emissions: The BAAQMD has not established separate significance thresholds for cumulative operational emissions. The nature of air emissions is largely a cumulative impact. As a result, no single project is sufficient in size to, by itself, result in non attainment of ambient air quality standards. Instead, a project s individual emissions contribute to existing cumulatively significant adverse air quality impacts. As shown in Table 4.1: BAAQMD Thresholds of Significance, the BAAQMD developed operational thresholds of significance in which a project s individual emissions would result in a cumulatively considerable contribution to existing air quality conditions in the Basin. Therefore, a project that exceeds the BAAQMD operational thresholds would also be a cumulatively considerable contributor to a significant cumulative impact. As shown in Table 4.2: Construction and Operational Emissions, the proposed project s operational emissions would not exceed BAAQMD thresholds of significance. Therefore, operational emissions associated with the proposed project would not result in a cumulatively considerable contribution to significant cumulative air quality impacts. d e) Less than Impact. Sensitive Receptors: Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. The nearest sensitive receptors to the Property are single family residences located approximately 2,500 feet to the south and 4,000 feet to the northwest of the project site. At this distance, these receptors would be located beyond the BAAQMD s 1,000-foot screening buffer. In addition, construction emissions would be temporary and are below BAAQMD s CEQA threshold of significance as shown in Table 4.2: Construction and Operational Emissions. In addition, operational emissions are also below BAAQMD significance thresholds. Therefore, impacts to nearest sensitive receptors from implementation of the LTMP and construction of the initial site improvements would be considered a less than significant impact. Odors: Potential odors could arise from any diesel fueled construction equipment used on-site (e.g. during road rehabilitation activities). The closest sensitive receptor to the project site is located approximately 2,500 feet to the south. There are no sensitive receptors within 1,000 feet of the Property that would be affected by odors from the operation of construction equipment. Emissions produced during grading and construction activities are short term, as they would occur only during construction and are therefore not considered a significant impact. According to the BAAQMD, land uses associated with odor complaints typically include wastewater treatment plants, landfills, confined animal facilities, composting stations, food manufacturing plants, refineries, and chemical plants. The proposed project is a LTMP to preserve the habitat and conservation values of the entire Property and therefore does not include any uses identified by the BAAQMD as being associated with odors. Construction activity associated with the proposed project may generate detectable odors from heavy duty equipment exhaust. However, there are no sensitive receptors located in the project vicinity and odors produced during short-term construction activities and long-term monitoring and maintenance activities would generally be over a short duration. Therefore, odors associated with initial site improvements and long-term monitoring and maintenance are considered less than significant. Additionally, application of BMP AQ-2 would further minimize potential odors associated with any proposed activities. Best Management Practices (see Table 2.2 for details) AQ-1: Dust Control Measures AQ-2: Avoid Stockpiling of Odorous Materials Page 35

42 4. Biological Resources Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modification, on an identified candidate, sensitive, listed, or special status species in any local, regional, state, or federal plan, policy, or regulation? b) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means? c) Have a substantial adverse effect on any other sensitive natural community identified in local, regional, state, or federal plans, policies, or regulations (such as riparian habitat, oak woodlands, etc.)? d) Interfere substantially with the movement of any native resident or migratory species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The LTMP establishes a framework for the long term management and preservation of the Property in perpetuity. Conservation values for the Property are identified in the LMTP and seek to meet the overall goal of ensuring that the Property is monitored and managed in a manner consistent with those conservation values. Specific objectives have been identified in section 5.0 of the LTMP to meet the overall goals of the plan and support the conservation values. Specific requirements associated with meeting those objectives are also identified in section 6.0, 7.0 and 8.0. It is the intent of the LTMP to maintain the existing habitat and improve habitat conditions when appropriate in the support of management for sensitive species using the Property. Surveys of the Property were conducted by H.T. Harvey & Associates in October A Biological Evaluation of the Property was also prepared by the District in August The Property is characterized by hillsides dominated by approximately 87.8 acres of mixed oak woodland/forest; 56.5 acres of Coast Live Oak woodland/forest; and 30.2 acres of blue oak Page 36

43 woodland. These habitats are interspersed with 20.8 acres of Valley Oak Savanna; 20.4 acres of Grassland; 5.8 acres of Sagebrush Scrub, as well as ephemeral and intermittent drainages. Twelve stream networks comprising 26 ephemeral and intermittent drainages are interspersed throughout the project site, totaling 4.1 miles in steam length. Nine of these drainages, totaling 1.9 miles are second order or higher stream systems and the remaining 2.2 miles are considered first order streams. All stream networks are seasonally wet, but are dry by summer and do not support deep pools. Upper Penitencia Creek flows from east to west through the central portion of the Property. Implementation of the overall objectives of the LMTP itself would have a long-term beneficial impact to biological resources within the project site. However, in order to improve existing conditions and facilitate long-term management, the LTMP includes a series of initial site improvements, which will result in construction and alteration of some existing conditions within the project site. The initial site improvements are discussed in Section 2: Project Description. The extent to which construction of the initial site improvements may potentially affect biological resources within the project site are evaluated and discussed below. Additionally, consistency with existing programs or plans, including the Valley Habitat Plan is also discussed within this section. a) Potentially Impact Unless Mitigation is Incorporated. As discussed previously, the Property has the potential to support a number of special status plant and animal species. Information concerning threatened, endangered, or other special-status species that could occur within the Property is identified in the LTMP. The specific habitat requirements and the locations of known occurrences of each special-status species were the principal criteria used for inclusion in the list of species potentially occurring within the project site. While these records are not definitive, they show areas where special-status species occur or have occurred previously. The extent to which the initial site improvements may affect special status plant and animal species within the project site is discussed below. Plants Most special status plant species that occur in the region are serpentine endemics and are unlikely to occur on the Property due to a lack of serpentine soils. Two special status plant species Chaparral hareball (Campanula exigua) and Fragrant fritillary (Fritillaria liliacea) have the potential to occur within the Property. Both plant species are California Native Plant Society Rank 1B.2. Based on review of the conditions at the project site by H.T. Harvey, these plant species are serpentine endemics and are unlikely to occur due to the lack of serpentine soils. Animals California Tiger Salamander (Ambystoma californiense). Federal Listing Status: Threatened (Central Population); State Listing Status: Threatened; VHP Status: Covered. California Tiger Salamanders (CTS) are known to occur within the project site and surrounding region. In addition, much of the project site includes U.S. Fish and Wildlife Service (USFWS) designated critical habitat for CTS. As recently as 2011, three larval CTS were observed in Pond K4, the southern seasonal stock pond, during focused surveys for listed vernal pool branchiopods. The prior landowner also reported seeing CTS in all ponds at the project site. All four of the stock ponds at the project site provide potential breeding habitat for CTS in years of adequate rainfall. California ground squirrel (Spermophilus beecheyi) and valley pocket gopher (Thomomys bottae) burrows are present in low to moderate abundance in the uplands surrounding all of the ponds on the Property. Burrows are present over much of the Property in Page 37

44 the appropriate habitat types. CTS depends on pocket gopher and ground squirrel burrows as moist subterranean refugia when making overland movements to and from breeding areas during the wet season and as refugia during the non-breeding (dry) season. The proposed project includes managed grazing, which will further increase the suitability of habitat within the Property for ground squirrels. Several CNDDB occurrences are located within 1.3 miles of the ponds at the Property and CTS are known to occur in the adjacent properties. Based on review of aerial topography, no major barriers or substantial impediments to dispersal occur between the ponds at the project site and known CTS occurrences and other potential breeding ponds. Thus, CTS have the potential to disperse between the ponds at the project site and these surrounding areas. Based on the documented occurrences of CTS at the project site, known CTS occurrences within dispersal distances of the ponds at the project site, the lack of barriers to dispersal between these occurrences at the ponds within the project site, the apparent suitability (at least in average or wetter years) of these ponds to support breeding CTS, it is likely that CTS regularly breed on the property. Because CTS are likely to breed on the Property, the proposed project has the potential to impact CTS. Construction of the initial site improvements and implementation of the LTMP will not impact any breeding habitat or high quality non-breeding habitat for California tiger salamander. However, if individual salamanders are present in the construction areas, injury or mortality could result. While potential impacts from habitat loss or individual mortality could occur during construction of initial site improvements, construction of those improvements is expected to provide a overall benefit by repairing erosion problems on roads and drainages, thus improving water quality and habitat conditions. Additionally, implementation of the LTMP will result in a long term benefit to aquatic habitat by preserving the Property in perpetuity and maintaining habitat quality created by the construction of the initial site improvements. As covered activities under the VHP, implementation of the LTMP and construction of the initial site improvements are subject to the conditions discussed in Section 2 of this document. Compliance with those conditions and implementation of BMP s BI-1 through BI-5 would minimize effects to CTS. In addition, implementation of Mitigation Measures BI-6 (see full text below) would reduce this potentially significant impact to CTS from construction and long-term operation/maintenance activities to a less than significant level. Overall, site improvements and implementation of the LTMP will create a long-term benefit to CTS. As a result, potential impacts are considered less than significant. California Red-legged Frog (Rana draytonii). Federal Listing Status: Threatened; State Listing Status: Species of Special Concern; VHP Status: Covered. California Red Legged Frog (CRLF) is known to occur in the project vicinity and the entire Property overlaps USFWSdesignated critical habitat for this species. No CRLF have been previously documented on the Property to date. However, the prior landowner reported seeing CRLF in stream channels on the Property. The three seasonal artificial stock ponds at the project site (Ponds K2-K4) may provide potential breeding habitat for the CRLF in years of adequate rainfall and if the depth and hydroperiod of these ponds are adequate to support these species. The perennial Pond K-1 provides appropriate depth and hydroperiod for this species, but does not currently provide good potential breeding habitat for CRLF due to the abundance of bullfrogs, which are a known predator of CRLF. Furthermore, Cherry Flat Reservoir, immediately downstream of the majority of the ponds is perennial and supports a population of bullfrogs. Because of the hydrological Page 38

45 condition to the Property, bullfrogs can easily access the ponds and unless bullfrogs were eliminated from Cherry Flat Reservoir, they would continue to disperse onto the Property and decrease the suitability of potential CRLF breeding habitat. The multiple drainages on the Property also provide non-breeding foraging and dispersal habitat and aquatic refugia when they contain water. Although, dense vegetative cover is absent from most of these stream reaches, rock crevices and debris provide suitable refugia. During the wet season, when most CRLF dispersal occurs, these drainages would facilitate dispersal. In addition, upland habitat surrounding streams and ponds at the project site includes some cracks and small mammal burrows which could be used by CRLF for upland refugia. CRLF have been documented in a number of locations within dispersal distance of the Property. Based on reviews of the aerial photography there are no major barriers or substantial impediments to dispersal between the ponds on the project site and known CRLF occurrences or other potential breeding ponds in the project vicinity. Thus, if CRLF are present in the project vicinity, they could potentially disperse to the ponds on the Property from adjacent areas. Based on the known occurrences of CRLF near the Property, the possibility of CRLF breeding ponds near the Property, the lack of barriers to dispersal between these occurrences/ponds and Property streams and ponds, the possibility that ponds on the Property ponds may support suitable conditions for breeding by CRLF (at least in the wetter years), it is likely that CRLF occur on the property. Because CRLF are likely to occur on the Property, the proposed project has the potential to impact CRLF. Construction of the initial site improvements and implementation of the LTMP will not impact any breeding habitat or high quality non-breeding habitat for CRLF. However, if individuals are present in the construction areas, injury or mortality could result. While potential impacts from habitat loss or individual mortality could occur during construction of initial site improvements, construction of those improvements is expected to provide a overall benefit by repairing erosion problems on roads and drainages, thus improving water quality and habitat conditions. Additionally, implementation of the LTMP will result in a long term benefit to aquatic habitat by preserving the Property in perpetuity and maintaining habitat quality created by the construction of the initial site improvements. As covered activities under the VHP, implementation of the LTMP and construction of the initial site improvements are subject to the conditions discussed in Section 2 of this document. Compliance with those conditions and implementation of BMP s BI-1 through BI-5 would minimize effects to CRLF. In addition, implementation of Mitigation Measures BI-6 (see full text below) would reduce this potentially significant impact to CRLF from construction and long-term operation/maintenance activities to a less than significant level. Overall, site improvements and implementation of the LTMP will create a long-term benefit to CRLF. As a result, potential impacts are considered less than significant. Migratory Birds: The Property supports a number of migratory bird species protected by the Migratory Bird Treaty Act and California Department of Fish and Game code. Construction activities during initial site improvements and long-term maintenance activities could disturb nesting migratory birds, which would be considered a potentially significant impact. Implementation of Mitigation Measure BI-7 (see full text below), which would require migratory bird surveys within two weeks of starting work between January 15th and August 31st and establishment of a buffer if nesting birds are discovered during the surveys, would reduce this impact to a less than significant level. Page 39

46 Non-Native Invasive Plant Management: Integrated Pest Management (IPM) techniques will be used to control non-native invasive plants within the Property. Herbicides may be used in select areas where the type of species, size of population or terrain make the use of other techniques either hazardous or ineffective. Element C of the LTMP discusses detailed requirements for use of herbicides on the Property as part of the long term objective to improve and maintain habitat quality consistent with the goals of the LTMP. All future actions identified through implementation of the LTMP will be required to follow the techniques and regulations outlined in Element C which includes compliance with any applicable regulatory requirements. Additionally, BMP BI-2: Minimize Adverse Effects of Pesticides on Non-target Species will be incorporated into all future actions which utilize the use of herbicides. The strict requirements as outlined in the LTMP and the implementation of BMP BI-2 will minimize the potential effects of herbicide use on sensitive species. As a result this impact is considered less than significant. b) Less than Impact. Construction activities associated with the two road rehabilitation projects that would occur at the stream crossings, which are currently degraded. However, the proposed project would directly and permanently affect up to 50 square feet of unvegetated other waters, which meet the regulatory definition of waters of the U.S. under the jurisdiction of the U.S. Army Corps of Engineers, from soil excavation, placement of rock, and equipment access and operation. These activities may denude the soil and disturb the local plant community adjacent to these stream crossings in the short-term. The road repair projects are, however, essential to the ecological function of stream networks, and would ultimately enhance aquatic and riparian habitats at the project site by reducing erosion downstream, which would enhance the habitat in the long-term. For example, erosion issues associated with the two road rehabilitation projects at stream crossings have been identified at the Property and the placement of rock would stabilize these road crossings and subsequently reduce erosion downstream. As a result this impact is considered less than significant. c) Potentially Impact with Mitigation Incorporated. Implementation of the LTMP would preserve the Property in perpetuity with the stated objective to maintain habitat values and quality. As noted in subsection b above, the proposed project would result in up to 50 square feet of impacts to unvegetated other waters meeting the regulatory definition of waters of the U.S. under the jurisdiction of the U.S. Army Corps of Engineers. The routine maintenance of roads for access and safety purposes may result in the minor trimming of some woody vegetation categorized as oak woodland or riparian habitat. All trimming of woody vegetation will be localized, thus, the structural diversity of riparian habitat would not be compromised. All other initial site improvements and long-term management tasks are not expected to have more than minimal impacts to regulated habitats. Implementation of the LTMP is intended to preserve the Property in perpetuity and to maintain habitat values and quality. In order to ensure that impacts to vegetation removal do not result in a potentially significant impact to waters of the U.S. during initial site improvements, Mitigation Measures BI- 8 and BI-9 (see full text below) would be implemented to reduce this impact to a less than significant level. d) Less than Impact. The project site is located within a region of important habitat connectivity for wildlife, as wildlife move between the open space properties surrounding the project site. Impacts to habitat connectivity from construction of the initial site improvements will be very minor. Each activity area is very small, and for a limited time frame. Animal dispersing during construction may avoid areas with temporarily high human activity and noise, but as soon as the initial site improvements (e.g. road repairs, etc.) have been completed, wildlife movement in any given area will return to its original condition. Furthermore, the proposed project will Page 40

47 enhance the potential for movement of some species along the drainages by reducing future erosion. Therefore, the proposed project will have a less than significant impact on habitat connectivity and wildlife movement. e) No Impact. The purpose of the initial site improvement activities is to repair roads, repair an eroded gully, and reconnect an existing water trough so that (a) management activities within the project site can be performed, and (b) adverse ecological effects of erosion and siltation resulting from the existing, degraded conditions of these conditions cease in the future. The long term management tasks and initial repairs are covered activities under the Valley Habitat Plan (VHP). As a result, the applicable VHP conditions would have to be followed during project implementation. Those measures are identified in section 2.0 of this document. The LTMP is consistent with the goals and objectives identified in VHP. The LTMP does not present any conflicts with any provisions of an adopted HCP/NCCP or other conservation plan. Accordingly, there would be no impact. Best Management Practices (see details in Table 2.2) BI-1: Remove Temporary Fills BI-2: Minimize adverse effects of pesticides on non-target species BI-3: Choose local ecotype of native plants and appropriate erosion control seed mixes BI-4: Avoid animal entry and entrapment BI-5: Minimize predator-prey attraction Mitigation Measures (see MMRP) MM BI-6: Minimize Access Impacts MM BI-7: Avoid Impacts to Nesting Migratory Birds MM BI-8: Minimize Impacts to Vegetation from Clearing and Trimming MM BI-9: Minimize Root Impacts to Woody Vegetation MM BI-6: Minimize Access Impacts. Construction and operation activities associated with the proposed project shall utilize existing access ramps and roads. If alternative routes are necessary to avoid large mature trees, native vegetation, or other significant habitat features, temporary access points shall be constructed in a manner that minimizes impacts in accordance with the following guidelines: 1. Temporary access points shall be constructed as close to the work area as possible; 2. For channel access routes, slopes of greater than 20 percent will be avoided, if possible; 3. Any temporary fill used for access shall be removed upon completion of the project and pre-project topography shall be restored; and, 4. When temporary access is no longer needed, disturbed areas shall be revegetated or filled with compacted soil, seeded, and/or stabilized with erosion control fabric immediately after construction to minimize future erosion. MM BI-7: Avoid Impacts to Nesting Migratory Birds. If construction activities occur between January 15 and August 31, project areas shall be checked by a qualified biologist for nesting birds within two weeks of starting work. If a lapse in projectrelated work of two weeks or longer occurs, another focused survey will be conducted before project work can be reinitiated. Page 41

48 If nesting birds are found, a buffer shall be established around the nest and maintained until the young have fledged. Appropriate buffer widths are 0.5 mile for bald and golden eagles; 250 feet for other raptors and the least Bell s vireo, herons, and egrets; 25 feet for ground-nesting nonraptors; and 50 feet for non-raptors nesting on trees, shrubs and structures. A qualified biologist may identify an alternative buffer based on a site-specific evaluation. No work within the buffer will occur without written approval from a qualified biologist, for as long as the nest is active. The boundary of each buffer zone shall be marked with fencing, flagging, or other easily identifiable marking if work will occur immediately outside the buffer zone. All protective buffer zones shall be inspected daily if work is adjacent to the buffer to ensure the buffer is not violated. Each buffer zone shall be maintained until the nest becomes inactive, as determined by a qualified biologist. If monitoring shows that disturbance to actively nesting birds is occurring, the biologist will require increased buffer widths until monitoring shows that disturbance is no longer occurring. If this is not possible, work shall cease in the area until young have fledged and the nest is no longer active as determined by a qualified biologist. MM BI-8: Minimize Impacts to Vegetation from Clearing and Trimming. Vegetation to be trimmed or cleared shall be evaluated by a qualified vegetation specialist or qualified biologist prior to removal. Recommendations from the qualified vegetation specialist or qualified biologist shall be followed. Cutting vegetation shall be limited to the minimum length, width, and height necessary while conforming to International Society of Arboriculture (ISA) pruning standards. Woody vegetation (i.e. native trees and shrubs) which require pruning for equipment access, construction operations, etc, shall be pruned consistent with all three of the following complementary guidance or their updates: 1. BEST MANAGEMENT PRACTICES, TREE PRUNING 2008, INTERNATIONAL SOCIETY OF ARBORICULTURE; and 2. American National Standards Institute (ANSI) A300 (Part 1) 2008 PRUNING; and 3. ANSI Z133.1, 2008, SAFTEY REQUIREMENTS. Woody material (including live leaning trees, dead trees, tree trunks, large limbs, and stumps) will be retained on site, unless it is threatening a structure or impedes access, in which case it must moved to a less threatening position. Page 42

49 MM BI-9: Minimize Root Impacts to Woody Vegetation. Construction activities associated with the proposed project, including cut and fill, shall be minimized within the root zones of existing woody vegetation to remain post project. In general, root extent can be estimated as 2-3 times canopy radius, but vary depending on slope and soil conditions., construction setbacks will be calculated using all of the following: 5. Cultural Resources 1. Tree diameter at 4.5 feet high (diameter at breast height); and 2. Multiplier of 1.25 (e.g. a tree measures 12 inches around its trunk 1.25 = 15 foot radial construction setback). If soil encroachment must occur in 33% or more of this area, the tree should be evaluated for removal. Additionally, mulching the root zone will be employed to provide root protection from unavoidable equipment traffic during construction, specifically: 1. Use 6 inches minimum depth of wood chips; or, 2. 4 inches minimum depth of ¾-inch (or greater) gravel. 3. Both may remain in place after work if approved by a qualified biologist or vegetation specialist. Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Cause a substantial adverse change in the significance of a historical or archaeological resource as defined in ' ? b) Directly or indirectly destroy a unique paleontological resource or site? a b) Potentially Unless Mitigation Incorporated. An archaeological literature search was conducted in July 2014 by the Northwest Information Center. Based on the records search, the project site has a moderate potential of identifying Native American archaeological resources and a low potential for identifying historic-period archaeological resources. Due to the moderate potential of identifying Native American archaeological resources, an archaeological survey report (ASR) was prepared in August 2014 by Path Lifeways Archaeological Studies. Although the Property has a moderate potential to contain prehistoric resources, none were found in the investigations conducted for the ASR (Past Lifeways Archaeological Studies 2014). The objectives of the LTMP are to preserve the existing character of the project site. Also, the proposed set of initial site improvements in the LTMP involve only minor ground disturbance with no significant amount of excavation. Based on the limited nature of the initial site Page 43

50 improvements and the low likelihood that archaeological resources are located within the Property or in the vicinity, there is a low probability of uncovering cultural resources during initial site improvements and long-term maintenance activities at the project site. In addition, the objective of the LTMP is to preserve the Property in perpetuity. However, the initial site improvements could result in the disruption of previously undiscovered archaeological, prehistoric and/or cultural resources of importance under CEQA and/or eligibility for listing on the California Register and/or could uncover human remains interred outside of a formal cemetery. This would be considered a potentially significant impact. Implementation of the following mitigation measures, Mitigation Measure CU-1 and CU-2 would reduce this impact to a less than significant level. Mitigation Measures (see MMRP) MM CU-1: Stop Work and Report if Artifacts are Found. MM CU-2: Stop Work and Report if Burial Remains are Found MM CU-1: MM CU-2: Stop Work and Report if Artifacts are Found. If any previously undiscovered potential archaeological, pre-historic or cultural artifacts are encountered during initial site improvement or long-term operational activities, all ground disturbance within 50 feet of the discovery shall be halted until a qualified archaeologist can identify and evaluate the resource(s) in accordance with State CEQA Guidelines (f). A no work zone shall be established utilizing appropriate flagging to delineate the boundary of this zone. A Consulting Archaeologist shall visit the discovery site as soon as practicable for identification and evaluation pursuant to Section of the Public Resources Code and Section of the California Code of Regulations. If the archaeologist determines that the artifact is not significant, construction may resume. If the archaeologist determines that the artifact is significant, the archaeologist shall determine if the artifact can be avoided and, if so, will detail avoidance procedures. If the artifact cannot be avoided, the archaeologist shall develop an Action Plan within 48 hours, which will include provisions to minimize impacts and, if required, a Data Recovery Plan for recovery of artifacts in accordance with Public Resources Code Section and Section of the CEQA Guidelines. Stop Work and Report if Burial Remains are Found. In the event that human remains are encountered during grading and site preparation activities associated with the proposed project, all ground-disturbing work within 50 feet of the remains shall cease immediately and a qualified archaeologist shall notify the Office of the Santa Clara County Coroner. The field crew supervisor shall take immediate steps to secure and protect such remains from vandalism during periods when work crews are absent. No further excavation or disturbance within 30 feet of the site or any nearby area reasonably suspected to overlie adjacent remains may be made except as authorized by the County Coroner, California Native American Heritage Commission, and/or the County Coordinator of Indian Affairs. Page 44

51 6. Geology and Soils Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death related to: seismic motion; liquefaction; landslides; unstable geologic or soil units? b) Result in substantial soil erosion or the loss of topsoil? c) Directly or indirectly destroy a unique geologic feature? Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a and c) No Impact. According to the County Geologic Hazard Zones, the project site is not located within a fault rupture hazard zone, landslide hazard zone, and/or liquefaction hazard zone. No housing or structures are proposed to be located on the project site. In addition, multi-recreational use by the public of the existing trails would be minimal based on the remote location of the Property (12 miles round-trip from the nearest parking lot). As a result, the proposed project would not exposure people or structures to potential substantial adverse effects related to seismic motion, liquefaction, landslides, or unstable geologic or soil units. The purpose of the LMTP is to maintain the existing character of the project site in perpetuity. Implementation of the plan would not directly or indirectly destroy any unique geologic features; rather features within the project site will be protected. Therefore, the proposed project would have no impact. b) Less than Impact. The majority of the Property is comprised of soils of the Los Gatos-Gaviota complex, 50 to 75 percent slopes. These soils were derived from hard sandstone and shale from the Franciscan formation and younger (Miocene age) marine sediments. The Los Gatos soil series consists of well-drained gravelly loams that are underlain by metamorphosed shale at a depth of 25 to 50 inches. The Gaviota soil series consists of well drained and somewhat excessively drained loams that are underlain by hard sandstone and shale bedrock at a depth of 6 to 20 inches. The Los Gatos-Gaviota complex also includes small areas of Vallecitos rocky loam, Los Osos clay loam, and Altamont clay. Minor improvements including road rehabilitation, gully repair, and reconnection of an existing water trough would occur with construction of the initial site improvements as identified in section II of the LTMP. Standard and appropriate BMP S would be followed to prevent erosion and sedimentation from those improvement sites. Additionally, construction of the initial site improvement (e.g. gully repair) would reduce or eliminate current erosion problems in those areas and reduce the loss of topsoil. Refer to the Hydrology and Water Quality section of this document for discussion of potential erosion impacts associated with construction of the initial site improvements. As documented in that section, application of recommended BMPs WQ-1 through WQ-7 and implementation of Mitigation Measures MM WQ-8 and WQ-9 would reduce the potentially significant impact from substantial erosion and loss of topsoil during construction activities resulting in a less than significant impact. Page 45

52 Best Management Practices (see Table 2.2 for details): See Hydrology and Water Quality section BMPs. 7. Greenhouse Gas Emissions Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purposed of reducing the emissions of greenhouse gases? a b) Less than Impact. Implementation of the LTMP would preserve the Property as open space in perpetuity. Implementation of the LTMP objectives will not generate significant new sources of greenhouse gases (GHG) or violate the requirements of plans, policies or regulations associated with reducing emissions of greenhouse gases. As noted in Section 3: Air Quality, the District has independently reviewed the BAAQMD recommended thresholds from June 2010 including the BAAQMD Justification Report, which explains the agency s reasoning for adopting the thresholds, and determined that they are supported by substantial evidence and are appropriate for use to determine significance in environmental review of the proposed project. See Table 4.3: BAAQMD Greenhouse Gas Thresholds of Significance identifies the BAAQMD thresholds of significance for GHG emissions. Initial Site Improvement Emissions There would be GHG emissions associated with construction activities for the proposed initial site improvements. According to the modeling conducted for the proposed project, GHG emissions from the construction of the initial site improvements would result in 16.8 MTCO 2 eq during construction activities; see to Table 4.4: GHG Emissions During Initial Site Improvements. The BAAQMD has not adopted thresholds for GHGs associated with construction activities, as noted in Table 4.3: BAAQMD Greenhouse Gas Thresholds of Significance. Although there is no significance threshold for GHG emissions for initial site improvements, the proposed project will implement BMP AQ-1, which would reduce equipment idling time, ensure equipment is operating properly, and ensure the use of cleaner engines, which would also reduce construction-related GHG emissions. See section 3: Air Quality. The impact from construction related GHG emissions is expected to be less than significant. Operational Emissions Operational GHG emissions were evaluated to determine potential emissions associated with monitoring and maintenance activities at the project site, as well as minor use of the existing Page 46

53 drivable roads for multi-use recreational activities. Business as Usual (BAU) operational GHG emissions were calculated for the LTMP using CalEEMod Version (Copyright 2013). BAU refers to emissions that would be expected to occur in the absence of GHG reduction measures. This allows for a more direct comparison of existing and proposed conditions to more adequately account for what the net operational emissions would be. Operational GHG emissions were modeled using the following activities: a) monitoring and maintenance activities including the maintenance of five miles of roadways within the project site once every five years associated with long-term monitoring and maintenance activities, and b) multi-use recreational use of the existing unimproved roads within the Property in the future. Table 4.4: Model Results for GHG Emissions for Construction and Operation Activities presents the modeling results for CO 2, N 2 O, and CH 4 emissions during construction and operations of the proposed project. As seen in Table 4.4: Model Results for GHG Emissions for Construction and Operation Activities, the project s operational GHG emissions would result in approximately 5.04 MTCO 2 eq/yr, which is well below the BAAQMD operational GHG threshold of 1,100 MTCO 2 eq/yr. The majority of these emissions would be associated with road rehabilitation, which would occur once every five years. Multi-use recreational use of the existing trails would be contingent upon gaining access to the Property from adjacent uses, but would also result in minimal emissions due to the distance of the Property from the nearest parking lot (12 miles round trip). Table 4.3: BAAQMD Greenhouse Gas Thresholds of Significance Project Type Construction-Related Operational-Related Projects other than Stationary Sources1 None Compliance with Qualified Climate Action Plan OR 1,100 MTCO 2 eq/yr. OR 4.6 MTCO 2 eq/sp2/yr. Stationary Sources1 None 10,000 MTCO 2 eq/yr. MTCO 2 eq/yr. = metric tons of carbon dioxide equivalent per year Notes: 1: According to the BAAQMD CEQA Guidelines, a stationary source project is one that includes land uses that would accommodate processes and equipment that emits GHG emissions and would require a BAAQMD permit to operate. Projects other than stationary sources are land use development projects including residential, commercial, industrial, and public uses that do not require a BAAQMD permit to operate. 2: SP = service population (residents + employees) Source: BAAQMD, Options and Justification Report, October 2009 and BAAQMD, CEQA Air Quality Guidelines, May Page 47

54 Table 4.4: Model Results for GHG Emissions for Construction and Operation Activities Conclusion Source CO 2 CH 4 N 2 O Total As shown in Table 4.4: Model Results for GHG Emissions for Construction and Operation Activities above, the total amount of proposed BAU GHG emissions from construction and operational activities, including direct and indirect sources, would total MTCO 2 eq/yr with implementation of both the initial site improvements and long-term operational emissions. Therefore, BAU emissions would not exceed the GHG significance threshold of 1,100 MTCO 2 eq/yr, resulting in a less than significant impact associated with greenhouse gas emissions. 8. Hazards and Hazardous Materials MT/yr MT/yr MTCO 2 eq MT/yr MTCO 2 eq MTCO 2 eq Initial Site Improvement Emissions Long-Term Operational Emissions Total Project Related Emissions MTCO 2 eq Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, storage or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? b) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school? c) Create a significant hazard to the public or the environment from existing hazardous material contamination on site or nearby? d) For a project located within two miles of an airport or in the vicinity of a private airstrip, would the project result in a substantial safety hazard for people residing or working in the project area or to aircraft utilizing the airport? e) Impair implementation of an adopted emergency response plan? Page 48

55 Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact f) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) Less than Impact. Construction of the initial site improvements would bring vehicles and construction equipment to the Property. No hazardous materials other than minimal quantities of fuels, coolants, and lubricants, would be used for construction activities. The inclusion of District BMPs HM-7 to HM-10 would ensure that the potential for the release of hazardous material from accidental spills and/or leaks during construction is less than significant. Implementation of the LTMP would involve future activities that may require the use of construction equipment and vehicles. The BMP s discussed above would apply to all future construction efforts associated with the implementation of the LTMP. Additionally, Element B of the LTMP identifies management of non-native invasive vegetation. Aspects of non-native vegetation management may involve use of herbicides for the management and control of invasive species on the Property. As shown in Table 2.2: Best Management Practices, BMP s HM-1 through HM-6 would be implemented to minimize potential effects from herbicide use. As a result, the potential risk from use of herbicides for management of non-native vegetation is considered a less than significant impact. b) No Impact. The Property not located within a quarter mile of an existing or proposed school. Therefore, the proposed project would not emit hazardous emissions or hazardous substances within a quarter mile of a school. c) No Impact. According to the Department of Toxic Substances and Control (DTSC) EnviroStor database, there are no hazardous materials sites located in the project vicinity (DTSC 2014), including sites compiled pursuant to Government Code section Therefore, implementation of the LTMP is not anticipated to result in any hazardous materials impacts. d) No Impact. The nearest airport to the project site is the Ried-Hillview Airport, which is located approximately 5.5 miles to the southwest. Therefore, the project site is not located within two miles of an airport or private air strip and the proposed LTMP would not result in a safety hazard for people residing or working within the project site. e) No Impact. The LTMP for the proposed project will preserve the existing open space character of the area and would not result in construction on new buildings or facilities. Implementation of the LTMP or the construction of the initial site improvements would not impair implementation of, or physically interfere with an adopted emergency plan or emergency evacuation plan associated with the landfill or any other adjacent entity. Page 49

56 f) Less than Impact. The project site is currently comprised of open space with very minimal improvements (e.g. fencing, roads). Implementation of the LTMP would protect the open space designation of the property in perpetuity ensuring that no residential development would occur within the project site. As a result, the risk of exposure of people or structures involving wildland fires would not change in comparison to existing conditions. Additionally, the project site is not designated as a Very High Fires Severity Zone or wildland area that may contain substantial fire risks and hazards as determined by the CDF (Cal Fire 2008). To minimize the potential for fire at the Property during the operation of equipment associated with the initial site improvements and maintenance, BMP HM-11 would be required to ensure that fire prevention measures (e.g. spark arrestors on equipment, fire suppression equipment at the work site, etc.) are incorporated into field activities. As a result, the proposed project would have a less than significant impact. Best Management Practices (see Table 2.2 for details): HM 1: HM 2: HM 3: HM 4: HM 5: HM 6: HM 7: HM 8: HM 9: HM 10: HM 11: Comply with all pesticide application restrictions and policies Minimize use of pesticides Post areas where pesticides will be used Comply with all pesticide usage requirements Comply with restrictions on herbicide use in upland areas Comply with restrictions on herbicide use in aquatic areas Restrict vehicle and equipment cleaning to appropriate locations Ensure proper vehicle and equipment fueling and maintenance Ensure proper hazardous materials management Utilize spill prevention measures Incorporate fire prevention measures Page 50

57 9. Hydrology and Water Quality Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (for example, the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially deplete surface water supplies? d) Alter existing drainage courses or patterns of the site or area, including changes to the timing or amount of runoff or alteration of the course of a stream or river, in a manner which would result in substantial erosion, siltation, or stream instability? e) Contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems? f) Place structures within a 100-year floodhazard area which would impede or redirect flood flows? g) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? h) Expose people or structures to a significant risk of inundation by seiche, tsunami, or mudflow? a) Less than Impact. Initial Site Improvements: The LTMP identifies a couple areas requiring improvement of existing roads as part of construction of initial site improvements for the Property (see section 4 of the LTMP). Proposed road improvements would repair sites that have existing erosion Page 51

58 problems and maintenance issues resulting in improvements to surface water quality within the Property. The initial site improvements also include repair of an existing gully below the Pond K-1 spillway. Although the purpose of these initial improvements is to reduce erosion and improve water quality, construction of the initial site improvements described in the LTMP may expose soils to erosion from runoff. Erosion and sediment control BMPs WQ-1 WQ-7 as noted in Table 2.2: Best Management Practices would be implemented to protect water quality. These include BMPs associated with sediment handling, erosion prevention, control of discharges and site management and clean up. Implementation of these BMP s would minimize potential effects to water quality. As a result the potential impacts to water quality are considered a less than significant impact. Implementation of the Long Term Management Plan: Implementation of the LTMP for the Property would preserve the existing open space character of the project site in perpetuity. Management objectives identified in the LTMP would improve the overall habitat quality of the Property. Objectives identified in the LTMP allow for improvements to existing infrastructure associated with cattle grazing, invasive plant control and monitoring, infrastructure and road maintenance, and habitat monitoring and improvements. The LTMP identifies restrictions, constraints and requirements associated with the implementation of management objectives on the Property. Because the overall purpose of the LTMP is to ensure that the Property is monitored, maintained and managed in a manner that preserves the conservation values in perpetuity, future activities undertaken to meet the plan objectives would consider avoidance and minimization of potential environmental impacts, including potential impacts to water quality (e.g. adaptive management to prevent erosion on existing roadways, etc.). Therefore, for the purposes of this analysis, future actions associated with the implementation of the objectives of the LTMP would not violate any water quality standards or otherwise substantially degrade surface or groundwater quality and the proposed project would have a less than significant impact. b) No Impact. Construction of the initial site improvements and implementation of the LTMP would not result in the depletion of groundwater supplies or interfere with movement of groundwater. Construction of the initial site improvements would require only minor excavation of soil for site preparation, restoration of the gully near Pond K1, and road rehabilitation. No other significant subsurface work would be completed as part of the construction of the initial site improvements. Therefore, the proposed project would have no impact on the movement or quantity of groundwater in the area. c) No impact. Construction of the initial site improvements and implementation of the LTMP would not deplete surface water supplies within the project site and surrounding area. Surface water supplies in the Property have historically been provided for cattle watering locations in support of grazing operations. The LTMP proposes to reconnect an existing trough that was fed by a spring at Stream 10. This repair would allow the historical uses on the Property to continue. Surface water supplies are not being altered or depleted and therefore, the proposed project would have no impact. d) Potentially Impact Unless Mitigation Incorporated. Construction of the initial site improvements and implementation of the LTMP would not alter the existing drainage pattern of watercourses on the Property in a manner which would result in substantial erosion or siltation either in or outside project site. Construction activities associated with initial site improvements could temporarily increase the potential for erosion from exposed sediments as discussed in item a) above, which would be considered a potentially significant impact. Application of BMP s WQ-1 WQ-7 would minimize the potential for soil erosion. In addition, Page 52

59 implementation of Mitigation Measures WQ-8 through WQ-12 (see full text below) would reduce this potentially significant impact from soil erosion to a less than significant level. Ultimately the initial site improvement would benefit water quality by helping to reduce future erosion by fixing the existing gully, which would reduce erosion. e) No Impact. Implementation of the LTMP would not contribute to runoff that would exceed the capacity of an existing or planned storm water drain drainage system. The proposed project would not increase the amount of impervious surfaces and therefore would not contribute additional storm water runoff from the project site. Therefore, the proposed project would have no impact. f - h) No Impact: The LTMP does not propose to build any structures in the 100-year flood hazard area, expose people or existing structures to risk involving flooding or inundation by seiche, tsunami, or mudflow. Therefore, the proposed project would have no impact. Best Management Practices (see Table 2.2 for details): WQ-1: Conduct work from top of bank WQ-2: Limit impacts of sediments on water quality WQ-3: Stabilizes construction and entrances and exits WQ-4: Use seeding for erosion control, weed suppression and site improvement WQ-5: Prevent scour downstream of sediment removal WQ-6: Maintain clean conditions at work sites WQ-7: Prevent water pollution Mitigation Measures (see MMRP) MM WQ-8: Prevent Erosion Downstream of Bank Protection Sites MM WQ-9: Limit Impacts of Sediments on Water Quality MM WQ-10: Minimize Erosion from Removal of In-Channel Vegetation MM WQ-11: Manage Exposed Groundwater at Work Sites MM WQ-12: Control Sediment /Turbidity from Discharges MM WQ-8: Prevent Erosion Downstream of Bank Protection Sites. The SCVWD shall implement measures to minimize soil from being tracked onto streets near work sites: Methods used to prevent mud from being tracked out of work sites onto roadways include installing a layer of geotextile mat, followed by a 4-inch thick layer of 1 to 3 inch diameter gravel on unsurfaced access roads. Access shall be provided as close to the work area as possible, using existing ramps where available and planning work site access so as to minimize disturbance to the water body bed and banks, and the surrounding land uses. MM WQ-9: Limit Impacts of Sediments on Water Quality. The SCVWD shall store and transport sediments generated by initial site improvements (e.g. road repairs) in a manner that minimizes water quality impacts including the following: 1. Wet sediments shall be stockpiled outside of the stream crossings so water can drain or evaporate before removal. Page 53

60 2. This measure applies to saturated, not damp, sediments and depends upon the availability of a stockpile site. 3. For those stockpiles located outside the channel, water draining from them will not be allowed to flow back into the creek or into local storm drains that enter the creek, unless water quality protection measures recommended by the RWQCB are implemented. 4. Trucks shall be lined with an impervious material (e.g. plastic), or the tail gate blocked with dry dirt or hay bales, for example, or trucks may drain excess water by slightly tilting their loads and allowing the water to drain out through a filter, but only within the active project area of the creek where the sediment is being loaded into the trucks or within an identified vegetated area (swale) that is separated from the creek. 5. Water shall not drain directly into channels (outside of the work area) or onto public streets without providing water quality control measures. 6. Streets shall be cleared of mud and/or dirt by street sweeping (with a vacuum-powered street sweeper), as necessary, and not by hosing down the street. MM WQ-10: MM WQ-11: MM WQ-12: Minimize Erosion from Removal of In-channel Vegetation. To minimize the effect of erosion from any in-channel vegetation removal adjacent to the proposed road rehabilitation projects, the toe of the bank shall be protected by leaving existing vegetation in place during construction. Manage Exposed Groundwater at Work Site. If groundwater is encountered at the project site, the SCVWD shall pump water out of the work site. If the groundwater has a potential to adversely impacts waters of the State (as determined via water quality monitoring), the water will be directed into specifically constructed infiltration basins, into holding ponds, or onto areas with vegetation to remove sediment prior to the water re-entering a receiving water body. Water pumped into vegetated areas will be pumped in a manner that will not create erosion around vegetation. Control Sediment / Turbidity from Discharges. To control sediment and turbidity in discharges from project activities where the source is treated water, recycled water, raw water, or groundwater, the SCVWD shall implement the following measures: 1. Choose the option for discharging the water (in order of preference): a. Reuse water, either for dust suppression, irrigation, or construction compaction. b. Discharge to sanitary sewer system (requires approval from local sanitary district). c. Discharge to storm drain system or water body. 2. Use appropriate control measures when discharging water: Page 54

61 a. Visually monitor the turbidity if it is suspected to be above 50 NTU. Implement appropriate control measures if the turbidity exceeds 50 NTU such as vegetation filtration, check filters, on-line filter system, storm drain inlet protection, or silt fence culvert protection b. No additional control measures are required if the source water is hydrant flushing, fire flow testing, a main line break or blow off, and the discharge volume is not greater than 50,000 gallons. 3. Inspection and Maintenance: 10. Land Use and Planning a. Before discharging any water, inspect the discharge flow path for debris and erosion, and cleanup the flow path as needed. b. Monitor the discharge to make sure it is not interfering with the normal operation of the sanitary sewer, or flooding the storm drain system. c. Monitor the discharge turbidity to evaluate the effectiveness of the control measure. d. When the discharge is complete, inspect the flow path and receiving water (if discharging directly to a water body, if practicable) for evidence of erosion or deposited sediment. e. Sweep up sediment deposited in the flow path and dispose of appropriately. f. Complete the Planned Discharge Activities Checklist and submit it to District staff responsible for Water Utility Discharge Pollution Prevention Plan reporting. Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the policies of the general plan, specific plan, or zoning ordinance) adopted to protect environmental resources? b) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Page 55

62 a b): No Impact. Implementation of the LTMP would not conflict with any applicable land use plans, policies or regulations, or conflict with any local policies or ordinances protecting biological resources. Construction of the initial site improvements and implementation of the LTMP will be conducted consistent with all applicable ordinances and policies, including consistency with the goals and objectives of the Valley Habitat Plan (VHP) as discussed in section 2.0 of this document. As a result, there would be no impact to Land Use and Planning policies from implementation of the plan. 11. Mineral Resources Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Result in the loss of availability of mineral resources designated priority by the State Department of Conservation or mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) No Impact. According to the Geologic Map of Santa Clara County, which shows Mineral Deposits within the County, the Property does not contain any mineral resources. Construction of the initial site improvements and implementation of the LTMP would not involve development or recovery of mineral resources in the plan area and therefore would have no impact on mineral resources. 12. Noise and Vibrations Would the project result in: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive vibration? c) A substantial temporary or permanent increase in ambient noise levels in the project vicinity above levels existing without the project? a-b) No Impact. The plan area is largely open space and there are no residential areas or schools within the project vicinity. The nearest residential use is located over 2,500 feet to the south of proposed initial site improvements. In addition, there are no existing noise sources Page 56

63 within the project site. Implementation of the LTMP, including the proposed initial site improvements, would therefore not result in the exposure of sensitive receptors to excessive noise or vibration in violation with any established noise standards. The purpose of the LTMP is to preserve the existing character of the area. As a result there would be no impact associated with noise or vibration from implementation of the proposed project. c) Less than Impact. Implementation of the LTMP itself would not result in a substantial increase in ambient noise levels as discussed in a-b above. Implementation of the initial site improvements may result in minor temporary increases in ambient noise levels on the Property from the operation of equipment. Equipment associated with initial site improvements would operate for approximately 18 days and would only occur Monday through Friday during daytime hours. Additionally, the operation of construction equipment would not be audible to the nearest sensitive receptor to the project site, which is located more than 2,500 feet from the property line. Noise generated by construction equipment includes a tractor, excavator, and offroad trucks, which can reach high levels. According to the Federal Highway Administration Construction Noise Handbook, individual equipment noise levels range from approximately 75 to 90 dba at 50 feet. Depending on the activities performed and equipment usage requirements, average hourly noise levels at construction sites typically range from approximately 65 to 89 dba L eq. Assuming a maximum construction noise level of 89 dba L eq and an average attenuation rate of 6 dba per doubling of distance from the source, construction activities located within 1,500 feet of noise sensitive uses could reach 60 dba L eq. As the nearest sensitive receptor is located 2,500 feet south of the property line, the proposed project would have a less than significant impact on sensitive receptors in the project vicinity. Page 57

64 13. Population and Housing Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Induce substantial growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) that was not anticipated in approved local or regional planning documents? b) Displace substantial numbers of existing housing or residents, necessitating the construction of replacement housing elsewhere? a b) No Impact. Implementation of the LTMP would preserve the area as open space in perpetuity. The proposed plan would not induce population growth, displace existing housing or residents. Therefore, the proposed project would have no impact. 14. Public Services Would the project result in the need for additional, or physically altered, public services or facilities, the provision of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public service: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? a - e) No Impact. The proposed project does would not result in an increase in population. In addition, the proposed project would result in minimal long-term activity at the project site from maintenance and infrequent use of the multi-use recreational trails. Therefore, the proposed project would have no impact on police or fire protection in the project vicinity. Implementation of the proposed plan would not result in a need for additional schools, parks, or other public facilities. Therefore, the proposed project would have no impact on public services. Page 58

65 15. Recreation Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Result in the loss or deterioration of available public recreational opportunities? a) Less than Impact. The purpose of the LTMP is to preserve the existing quality and character of the Property. Currently, the Property is not open to recreational use by the public. Several protected open space areas are located adjacent to the project site, including the Blue Oak Ranch Reserve (3,260 acres), to the southeast; the Kammerer Ranch (1,756- acres), which is owned by The Nature Conservancy to the north and to the east; and the Cherry Flat Reservoir (City of San Jose) to the west. Private ranch lands are also located to the northwest and southwest of the project site. Nearby open space areas include the San Francisco Utilities Commission lands to the north; Sierra Vista Open Space Preserve (owned and operated by OSA) to the west; and Joseph D. Grant County Park to the south. Currently, the LTMP identifies the long term goal of incorporating public access opportunities consistent with the natural resource management goals also identified in the Plan. In section 5 of the LTMP, Element J addresses future opportunities to incorporate recreational use on the Property. Initially, access would be limited to special events and for scientific research. Full access would be provided when access is obtained by OSA on the adjacent properties. After full recreational public access is allowed and once site resource management routines are well established, the existing drivable roads would be managed for multi-use recreation (e.g. hiking, biking, and equestrian uses) based on connections with trails on adjacent properties. Based on the remote location of the Property (12 miles round-trip from the nearest parking lot), the Property is anticipated to be used sparingly by bicyclists, hikers and equestrians. Estimates provided by OSA include an average of ten bicyclists, six hikers, and two equestrians per weekend (Written Communication with Derek Neumann, Open Space Authority on July 30, 3014). During the weekdays, the estimated daily use would be even less. Implementation of the LTMP does not impact existing recreational uses adjacent to the Property. Additionally, consideration of public access to the Property is specifically called out as an objective of the plan. Development and incorporation of this objective in the overall management of the Property over time would only improve opportunities for recreational use within the project vicinity. The result is an overall benefit to the public associated with recreational uses of public lands. Therefore, the proposed project would result in a less than significant impact on recreational use. Page 59

66 16. Transportation/Traffic Would the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Exceed, either individually or cumulatively, level of service standards established by local or regional agencies for designated roads or highways; or otherwise cause a substantial increase in traffic in relation to the planned or designated traffic load and capacity of the circulation system? b) Substantially increase hazards or result in substantial safety risks due to a design feature (e.g., sharp curves, inadequate emergency service access, or dangerous intersections) or incompatible uses (e.g., haul routes through residential neighborhoods or by schools)? c) Result in inadequate emergency access or interfere with an adopted emergency evacuation plan? d) Result in incompatible land uses through inadequate parking capacity or parking / staging activities on residential streets? e) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle lanes, bicycle racks)? a) Less than Impact. The LTMP identifies construction of some initial improvements (e.g. road repair, gully repair, etc.) that would require construction crews and vehicles to access the project site. Access to project site would be accomplished using existing roads. The existing roads have gated access and therefore there is very limited existing traffic within the project site at this time. It is anticipated that these construction activities would involve construction crews, consisting of less than five workers, driving to the site daily for a temporary period of a maximum of 18 days to complete the work. Parking, staging and storing of any construction materials (e.g. rock) would occur near the locations of the proposed site improvements. Excavated soil from proposed improvements would be re-incorporated into the improvements or into the existing road. Although construction worker vehicles and equipment would use existing roads to access these improvement areas, the potential maximum daily trips associated with these activities would not result in a significant increase in traffic congestion in the area. For long-term operational uses at the project site, public access to the multi-use recreational trails would be mainly from users accessing trails adjacent to the Property (after access is Page 60

67 obtained from adjacent properties). The number of recreational users would be minimal based on the distance to the project site (12 miles round-trip). As a result, implementation of the plan, including construction of the proposed site improvements and long-term operational activities would not exceed any level of service standards for the area given the very small increase in traffic associated with the proposed project. However, given the temporary nature and minimal existing traffic, this impact is considered less than significant. Incorporation of BMP TR-1 would further minimize the effects from construction traffic. b e) No Impact. Construction activities for initial site improvements and implementation of the LTMP would not increase traffic hazards, result in inadequate emergency access or parking access, or conflict with any adopted traffic policies, plans or programs. Therefore, the proposed project would have no impact. Best Management Practices (see Table 2.2 for details): TR-1: Incorporate Public Safety Measures 17. Utilities and Service Systems Would the project result in a need for new, relocated, upgraded, or expanded utilities and service system facilities that could cause significant environmental impacts in order to maintain acceptable service levels or other performance objectives for: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Water? b) Wastewater/Reclaimed Water? c) Stormwater? d) Solid Waste? e) Streets and roadways? f) Power systems (e.g. electricity, natural gas)? g) Other utility systems? h) Would the project have sufficient water supplies available to serve the project from existing entitlements? a h) No Impact. The proposed LTMP would preserve the project site as open space in perpetuity. As a result implementation of the LTMP would not result in the need for new, relocated, upgraded or expanded utilities and service system facilities in the areas of water, wastewater, stormwater, solid waste, streets, power systems or other utility systems. Additionally, there are sufficient water supplies to serve the goals identified in the management plan. Therefore, the proposed project would have no impact on utilities and service systems. Page 61

68 18. Mandatory Findings of Significance Does the project: Potentially Issues Potentially Unless Mitigation Incorporated Less Than Impact No Impact a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects.) c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? a c) Potentially Impact Unless Mitigation Incorporated. The purpose of the LTMP is to ensure the preservation of the existing open space character and habitat quality of the project site. The objectives and associated activities identified in the LTMP demonstrate the framework for how preservation and habitat management of the Property can be accomplished. The LTMP would not result in significant impacts associated with the CEQA mandatory findings of significance. Based on the analysis provided in this Initial Study, BMPs and mitigation measures incorporated herein, as well as the requirement to implement conditions on covered activities under the Valley Habitat Plan (VHP) as outlined in section 2.0 of this document, implementation of the LTMP and construction of the initial site improvements would not substantially degrade or reduce wildlife species or habitat, significantly impact cultural resources, or otherwise cause adverse effects on humans. All upfront construction work and future management actions would be completed consistent with the goals and objectives of the VHP. Past, present and planned future projects in the project vicinity (e.g. Sierra Vista Open Space Preserve Improvements, Alum Rock Park Fish Passage Mitigation Program, Alum Rock Park Bank Repair and Stream Restoration Program, and Management of the Blue Oaks Ranch Reserve Conservation Easement and Open Space Agreement and the Kammerer Ranch Conservation Easement) are anticipated to result in similar impacts in comparison to the proposed project. Impacts from these other projects would also be fully mitigated and therefore the cumulative impacts from this project and the other projects would not be significant. Page 62

69 SECTION 5: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Section 5 represents the Mitigation, Monitoring and Reporting Program (MMRP). The mitigation measures contained in this section are compiled from the measures identified in Section 4 of this Mitigated Negative Declaration. For each, the timeframe for implementation, responsible party for implementation and responsibility for oversight are identified. The MMRP will be adopted by the District Board of Directors for implementation by District contractor with District oversight, as appropriate. Additionally, implementation of the MMRP will be reported and tracked consistent with CEQA Guidelines Section and permit reporting conditions. Page 63

70 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight Biological Resources Minimize Access Impacts MM BI-6 Construction and operation activities associated with the proposed project shall utilize existing access ramps and roads. If alternative routes are necessary to avoid large mature trees, native vegetation, or other significant habitat features, temporary access points shall be constructed in a manner that minimizes impacts in accordance with the following guidelines: 1. Temporary access points shall be constructed as close to the work area as possible; Throughout construction (as necessary) Contractor District 2. For channel access routes, slopes of greater than 20 percent shall be avoided, if possible; 3. Any temporary fill used for access shall be removed upon completion of the project and pre-project topography shall be restored; and, 4 When temporary access is no longer needed, disturbed areas shall be re-vegetated or filled with compacted soil, seeded, and/or stabilized with erosion control fabric immediately after construction to minimize future erosion. Avoid Impacts to Nesting Migratory Birds MM BI-7 If construction activities occur between January 15 and August 31, project areas shall be checked by a qualified biologist for nesting birds within two weeks of starting work. If a lapse in project-related work of two weeks or longer occurs, another focused survey shall be conducted before project work can be reinitiated. Throughout construction (as necessary) Contractor District If nesting birds are found, a buffer shall be established around the nest and maintained until Page 64

71 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight the young have fledged. Appropriate buffer widths are 0.5 mile for bald and golden eagles; 250 feet for other raptors and the least Bell s vireo, herons, and egrets; 25 feet for ground-nesting non-raptors; and 50 feet for non-raptors nesting on trees, shrubs and structures. A qualified biologist may identify an alternative buffer based on a site-specific evaluation. No work within the buffer shall occur without written approval from a qualified biologist, for as long as the nest is active. The boundary of each buffer zone shall be marked with fencing, flagging, or other easily identifiable marking if work will occur immediately outside the buffer zone. All protective buffer zones shall be inspected daily if work is adjacent to the buffer to ensure the buffer is not violated. Each buffer zone shall be maintained until the nest becomes inactive, as determined by a qualified biologist. If monitoring shows that disturbance to actively nesting birds is occurring, the biologist shall require increased buffer widths until monitoring shows that disturbance is no longer occurring. If this is not possible, work shall cease in the area until young have fledged and the nest is no longer active as determined by a qualified biologist. Minimize Impacts to Vegetation from Clearing and Trimming MM BI-8 Vegetation to be trimmed or cleared shall be evaluated by a qualified vegetation specialist or qualified biologist prior to removal. Recommendations from the qualified vegetation specialist or qualified biologist shall be followed. Throughout construction (as necessary) Contractor District Page 65

72 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight Cutting vegetation shall be limited to the minimum length, width, and height necessary while conforming to International Society of Arboriculture (ISA) pruning standards. Woody vegetation (i.e. native trees and shrubs) which require pruning for equipment access, construction operations, etc, shall be pruned consistent with all three of the following complementary guidance or their updates: a. BEST MANAGEMENT PRACTICES, TREE PRUNING 2008, INTERNATIONAL SOCIETY OF ARBORICULTURE; and b. American National Standards Institute (ANSI) A300 (Part 1) 2008 PRUNING; and c. ANSI Z133.1, 2008, SAFTEY REQUIREMENTS. Woody material (including live leaning trees, dead trees, tree trunks, large limbs, and stumps) shall be retained on site, unless it is threatening a structure or impedes access, in which case it must moved to a less threatening position. Minimize Root Impacts to Woody Vegetation MM BI-9 Construction activities associated with the proposed project, including cut and fill, shall be minimized within the root zones of existing woody vegetation to remain post project. In general, root extent can be estimated as 2-3 times canopy radius, but vary depending on slope and soil conditions. Construction setbacks shall be calculated using all of the following: 1. Tree diameter at 4.5 feet high (diameter at breast height); and Throughout construction (as necessary) Contractor District Page 66

73 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight 2. Multiplier of 1.25 (e.g. a tree measures 12 inches around its trunk 1.25 = 15 foot radial construction setback). If soil encroachment must occur in 33% or more of this area, the tree should be evaluated for removal. Additionally, mulching the root zone shall be employed to provide root protection from unavoidable equipment traffic during construction, specifically: 1. Use 6 inches minimum depth of wood chips; or, 2. 4 inches minimum depth of ¾-inch (or greater) gravel. 3. Both may remain in place after work if approved by a qualified biologist or vegetation specialist. CULTURAL RESOURCES Stop Work and Report if Artifacts are Found. CU-1 If any previously undiscovered potential archaeological, pre-historic or cultural artifacts are encountered during initial site improvement or long-term operational activities, all ground disturbance within 50 feet of the discovery shall be halted until a qualified archaeologist can identify and evaluate the resource(s) in accordance with State CEQA Guidelines (f). A no work zone shall be established utilizing appropriate flagging to delineate the boundary of this zone. A Consulting Archaeologist shall visit the discovery site as soon as practicable for identification and evaluation pursuant to Section of the Public Resources Code and Section of the California Code of Regulations. If the archaeologist determines that the artifact is not significant, construction may resume. If the archaeologist determines that the artifact is significant, Throughout construction (as necessary) Contractor District Page 67

74 Environmental Issue Stop Work and Report if Burial Remains are Found Measure Element # CU-2 HYDROLOGY AND WATER QUALITY Prevent Erosion Downstream of Bank Protection Site WQ-8 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Mitigation Measure the archaeologist shall determine if the artifact can be avoided and, if so, will detail avoidance procedures. If the artifact cannot be avoided, the archaeologist shall develop an Action Plan within 48 hours, which will include provisions to minimize impacts and, if required, a Data Recovery Plan for recovery of artifacts in accordance with Public Resources Code Section and Section of the CEQA Guidelines. In the event that human remains are encountered during grading and site preparation activities associated with the proposed project, all ground-disturbing work within 50 feet of the remains shall cease immediately and a qualified archaeologist shall notify the Office of the Santa Clara County Coroner. The field crew supervisor shall take immediate steps to secure and protect such remains from vandalism during periods when work crews are absent. No further excavation or disturbance within 30 feet of the site or any nearby area reasonably suspected to overlie adjacent remains may be made except as authorized by the County Coroner, California Native American Heritage Commission, and/or the County Coordinator of Indian Affairs. The SCVWD shall implement measures to minimize soil from being tracked onto streets near work sites: Methods used to prevent mud from being tracked out of work sites onto roadways include installing a layer of geotextile mat, followed by a 4-inch thick layer of 1 to 3 inch diameter gravel on unsurfaced access roads. Timeframe for Implementation Throughout construction (as necessary) Throughout construction (as necessary) Responsibility for Implementation Contractor Contractor Responsibility for Oversight District District Page 68

75 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight Access shall be provided as close to the work area as possible, using existing ramps where available and planning work site access so as to minimize disturbance to the water body bed and banks, and the surrounding land uses. Limit Impacts of Sediments on Water Quality WQ-9 The SCVWD shall store and transport sediments generated by initial site improvements (e.g. road rehabilitation projects) in a manner that minimizes water quality impacts including the following: Throughout construction (as necessary) Contractor District 1. Wet sediments shall be stockpiled outside of the stream crossings so water can drain or evaporate before removal. 2. This measure applies to saturated, not damp, sediments and depends upon the availability of a stockpile site. 3. For those stockpiles located outside the channel, water draining from them shall not be allowed to flow back into the creek or into local storm drains that enter the creek, unless water quality protection measures recommended by the RWQCB are implemented. 4. Trucks shall be lined with an impervious material (e.g. plastic), or the tail gate blocked with dry dirt or hay bales, for example, or trucks may drain excess water by slightly tilting their loads and allowing the water to drain out through a filter, but only within the active project area of the creek where the sediment is being loaded into the trucks or within an identified vegetated area (swale) that is separated from the creek. 5. Water shall not drain directly into channels (outside Page 69

76 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight of the work area) or onto public streets without providing water quality control measures. 6. Streets shall be cleared of mud and/or dirt by street sweeping (with a vacuum-powered street sweeper), as necessary, and not by hosing down the street. Minimize Erosion from Removal of In-channel Vegetation WQ-10 To minimize the effect of erosion from any in-channel vegetation removal adjacent to the proposed road rehabilitation projects, the toe of the bank shall be protected by leaving existing vegetation in place during construction. Throughout construction (as necessary) Contractor District Manage Exposed Groundwater at Work Site WQ-11 If groundwater is encountered at the project site, the SCVWD shall pump water out of the work site. If the groundwater has a potential to adversely impacts waters of the State (as determined via water quality monitoring), the water shall be directed into specifically constructed infiltration basins, into holding ponds, or onto areas with vegetation to remove sediment prior to the water reentering a receiving water body. Water pumped into vegetated areas shall be pumped in a manner that will not create erosion around vegetation. Throughout construction (as necessary) Contractor District Control Sediment/Turbidity from Discharges WQ-12 To control sediment and turbidity in discharges from project activities where the source is treated water, recycled water, raw water, or groundwater, the SCVWD shall implement the following measures: Throughout construction (as necessary) Contractor District 1. Choose the option for discharging the water (in order of preference): a. Reuse water, either for dust suppression, irrigation, or construction compaction. b. Discharge to sanitary sewer system (requires approval from local sanitary district). Page 70

77 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight c. Discharge to storm drain system or water body. 2. Use appropriate control measures when discharging water: a. Visually monitor the turbidity if it is suspected to be above 50 NTU. Implement appropriate control measures if the turbidity exceeds 50 NTU such as vegetation filtration, check filters, on-line filter system, storm drain inlet protection, or silt fence culvert protection b. No additional control measures are required if the source water is hydrant flushing, fire flow testing, a main line break or blow off, and the discharge volume is not greater than 50,000 gallons. 3. Inspection and Maintenance: a. Before discharging any water, inspect the discharge flow path for debris and erosion, and cleanup the flow path as needed. b. Monitor the discharge to make sure it is not interfering with the normal operation of the sanitary sewer, or flooding the storm drain system. c. Monitor the discharge turbidity to evaluate the effectiveness of the control measure. d. When the discharge is complete, inspect the flow path and receiving water (if discharging directly to a water body, if practicable) for evidence of erosion or deposited sediment. e. Sweep up sediment deposited in the flow path and dispose of appropriately. Page 71

78 UPPER PENITENCIA CREEK PROPERTY LONG TERM MANAGEMENT PLAN MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE Environmental Issue Measure Element # Mitigation Measure f. Complete the Planned Discharge Activities Checklist and submit it to District staff responsible for Water Utility Discharge Pollution Prevention Plan reporting. Timeframe for Implementation Responsibility for Implementation Responsibility for Oversight Page 72

79 SECTION 6: REPORT PREPARATION Prepared by: Erika Carpenter, Environmental Planner SCVWD R13092.docx Page 73

80 SECTION 7: REFERENCES 1. Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines, 2011 and BAAQMD Clean Air Plan. September 15, California Department of Conservation Williamson Act Program. Available at: Accessed: June 30, California Department of Conservation Santa Clara County Important Farmlands Map. Available at:ftp://ftp.consrv.ca.gov/pub/dlrp/fmmp/pdf/2010/scl10.pdf. Accessed: June 30, California Department of Toxic Substances Control (DTSC) Envirostor Database. Accessed June 30, 2014, from 6. Cal Fire, 2008: Santa Clara County FHSZ Maps, Fire Hazard Severity Zones. Available at: Accessed July 8, State of California, Department of Natural Resources. Geologic Map of Santa Clara County, California (Showing Mine and Mineral Deposits). Available at: Accessed: August 14, Federal Highway Administration (FHWA). Construction Noise Handbook. Available at: Accessed: August 14, ICF International. 2012a. Final Santa Clara Valley Habitat Conservation Plan, August Available online at: ICF International. 2012b. Final Santa Clara Valley Habitat Plan Final Environmental Impact Report / Final Environmental Impact Statement, August Available online at: R-EIS_Vol-1_Final_Aug2012.pdf 11. Neumann, Derek, Open Space Authority. Written Communication with Lisa Porcella, Santa Clara Valley Water District on July 30, Past Lifeways Archaeological Studies, Archaeological Survey Report, Upper Penitencia Creek Property Long Term Management Plan, Santa Clara County, California. August SCVWD, SCVWD Kammerer (Upper Penitencia Creek) Draft Long Term Management Plan. 14. State Water Resources Control Board (SWRCB) Geotracker Database. Accessed June 30, 2014, from R13092.docx Page 74

81 R13092.docx Page 75

82 APPENDI A SCVWD Upper Penitencia Creek Property Long Term Management Plan R13092.docx Page A-1

83 Appendix B Air Quality Modeling Page B-1