Draft Environmental Impact Report - East Bay Municipal Utility District

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Estates Reservoir Replacement Draft Environmental Impact ReportBiological Resourcesand lakes. The jurisdictional limits of the CDFG are defined in Section 1602 of theCalifornia Fish and Game Code as the bed, channel, or bank of any river, stream, or lake.The CDFG regulates activities that would result in the deposit or disposal of debris,waste, or other materials into any river, stream, or lake and requires a StreambedAlteration Agreement for such activities. For purposes of determining significance inthis EIR, impacts to the resource areas subject to the jurisdiction of CDFG would beconsidered significant.Oak Woodlands Conservation ActCalifornia Senate Bill 1334, the Oak Woodlands Conservation Act, became law onJanuary 1, 2005 and was added to the CEQA statutes as Section 21083.4. This new law,applicable to counties but not to cities or other public agencies, protects oak woodlandsthat are not protected under the State Forest Practice Act. This statute requires that acounty determine whether or not a project would result in a significant impact on oakwoodlands; if the project would result in a significant impact on oak woodlands, thecounty must implement one or more of the following mitigation measures:Conserve oak woodlands through the use of conservation easements.Plant an appropriate number of trees, including maintenance of plantings andreplacement of failed plantings.Contribute funds to the Oak Woodlands Conservation Fund for the purpose ofpurchasing oak woodlands conservation easements.Implement other mitigation measures developed by Alameda County.Alameda County has developed additional measures for trees in the County rightof-wayknown as the County’s “Tree Ordinance”, as defined in the County Code(Regulation of Trees in County Right-of-Way, Ordinance number: 0-2004-23,Title 12, Chapter 12.11).Local Tree OrdinancesPursuant to California Government Code Section 53091, EBMUD, as a local agency andutility district serving a broad regional area, is not subject to building and land use zoningordinances (such as tree ordinances) for projects involving facilities for the production,generation, storage or transmission of water. However, it is the practice of EBMUD towork with host jurisdictions and neighboring communities during project planning and toconform to local environmental protection policies to the extent possible. The treeordinance of the City of Oakland is addressed in section 3.4-4, below.Plant Communities and Wildlife Habitats at Estates Reservoir SiteThe Project site has no natural plant communities as defined by A Manual of CaliforniaVegetation (Sawyer and Keeler-Wolf, 1995). Nearly all shrubs and trees on the site wereplanted to create a visual barrier to mitigate the visual impact of the covered reservoir onthe surrounding community. The site is actively landscaped and surrounded bysb09_001.doc 3-4.6 7/22/2009
Estates Reservoir Replacement Draft Environmental Impact ReportBiological Resourcesresidential housing, making it unlikely that native plants would be present. No rare plantspecies were observed during surveys. The entire property has been landscaped withornamentals and exotic and native tree species with Coast live oak (Quercus agrifolia)sparsely distributed on the site. The site is dominated by Cotoneaster (Cotoneaster sp.),Cypress (Cupressus spp.), Firethorn (Pyracantha sp.) and Juniper (Juniperus sp.).The dominance of introduced plant species on the site provides poor habitat for sensitivewildlife species. Estates Reservoir is completely surrounded by residential developmentand is not a significant corridor for wildlife.Aquatic HabitatsThere is no aquatic habitat in the Project area.Special-Status Species AssessmentFor the purpose of this EIR, special status species include plant and wildlife species listedas rare, threatened or endangered under the federal and state endangered species acts,candidate species, state and federal species of concern, and plants on the CNPS lists forCEQA consideration (List 1A, 1B, or 2).The site was surveyed for sensitive species on August 5 and 19, 2008. The description ofthe wildlife species potentially occurring within the Project location is based onobservation of individuals and/or species sign, analysis of the CNDDB, and discussionwith area biologists. Species or species sign observed at the site include only black-taileddeer (Odocoileus hemionus). No species listed as threatened, endangered, species ofspecial concern by the CDFG, or sensitive species by the CNPS were observed.Queries of the CNDDB indicate that three special status species have been recordedwithin one mile of the Estates Reservoir Project area. These are: fragrant fritillary(Fritillaria liliacea) silver-haired bat (Lasionycteris noctivagans), and Bay checkerspotbutterfly (Euphydryas editha bayensis). There is a one-mile buffer for point records forthese species in the CNDDB. Habitat on the Project site is not suitable for these speciesand they are not likely present. The Bay checkerspot butterfly is listed as extirpated inthe area and the host plant for this species is not present on the site or nearby.Trees on site have the potential to provide nesting habitat for birds from February throughJuly. No bird nests were observed on site during sensitive species surveys or the raptorsurvey conducted by Gary Beeman.There are no approved habitat conservation plans in the Project vicinity. Therefore, nofurther discussion of this topic is provided.sb09_001.doc 3-4.7 7/22/2009
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Estates Reservoir ReplacementDraft
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TABLE OF CONTENTSEstates Reservoir
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Estates Reservoir Replacement Draft
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ACRONYMS AND ABBREVIATIONSABABAGAPC
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SUMMARYS.1 IntroductionThis Draft E
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Estates Reservoir Improvements Draf
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Chapter 2Project Description2.1 Ove
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CHAPTER 5Cumulative Impacts, Growth
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CHAPTER 6Report Preparers6.1 Lead A
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APPENDIX APublic InvolvementPublic
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APPENDIX BNotice of PreparationAUGU
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Dingee Pressure Zone Improvement Pr
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FIGURESDingee Pressure Zone Improve
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Draft Environmental Impact Report - East Bay Municipal Utility District

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