Draft Environmental Impact Report - East Bay Municipal Utility District

Estates Reservoir Replacement Draft Environmental Impact ReportBiological Resources3.4.4 Impacts and Mitigation MeasuresSignificance CriteriaFor the purposes of this EIR and consistent with Appendix G of the CEQA Guidelines, aproject is considered to have a significant impact if it would result in:Substantial adverse effects to any species identified as a threatened, endangered,candidate, sensitive, or special-status species in local or regional plans, policies,regulations or by lists of species of concern from the CDFG, USFWS, or as definedby Section 15380 of the CEQA Guidelines;Substantial adverse effects to habitat (including habitats for rare and endangeredspecies, as defined by Fish and Game Code 903) or other sensitive naturalcommunity identified in local or regional plans, policies, regulations, or by listscompiled by the CDFG or USFWS;Substantial adverse effects to federally protected wetlands (including but notlimited to marshes and riparian areas), as defined by Section 404 of the CleanWater Act, or riparian and marsh areas under the jurisdiction of the CDFG, asdefined by Fish and Game Codes 1601–1603;Substantial interference with movement of any native resident or migratory fish orwildlife species or with established migration or dispersal corridors;Removal or damage to trees considered protected; orConflicts with any applicable habitat conservation plan.Local Plans and PoliciesAs discussed above, it is the practice of EBMUD to work with host jurisdictions andneighboring communities during project planning and to conform to local environmentalprotection policies to the extent possible. For the purpose of this EIR, tree ordinancepolicies of the City of Oakland that define protected trees, including heritage trees, arealso used as guidelines for determining significance criteria.Impacts and Mitigation MeasuresImpact 3.4-1: Loss of or damage to protected trees.Title 12, Chapter 12.36 of the City of Oakland Municipal code identifies protected trees,including coast live oaks measuring four inches in diameter at standard height; any othertree measuring nine inches at standard height or greater, except eucalyptus and Montereypine trees; and an area of more than five Monterey pine trees per acre, measuring at leastnine inches in diameter at breast height. The removal of five or fewer Monterey pinesper acre is not regulated by the Oakland ordinance.No protected trees that are subject to the City of Oakland’s tree ordinance will beremoved for this Project. One small oak (3 inches in diameter at breast height) on thesb09_001.doc 3-4.8 7/22/2009