Draft Environmental Impact Report - East Bay Municipal Utility District

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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
Estates Reservoir Replacement Draft Environmental Impact ReportBiological Resourcessouth slope of the reservoir may be removed for grading work, as a result of lowering theheight of the dam embankment. This tree will be replaced on at least a 3:1 basis. TheProject landscape plan outlined in the RHAA Estates Reservoir Concept Design Processand Recommendations Report 2008 (updated 2009) will incorporate native trees such asCoast live oak, California buckeye (Aesculus californica) and California sycamore(Platanus racemosa) in numbers sufficient to compensate for the removal of this one tree,and the impact is less than significant. The landscape plan also includes extensive use ofnative shrubs and grasses.Measure 3. 4-1: EBMUD will develop and implement a five-year treemonitoring program. Appropriate performance standards may include, but arenot limited to a not less than 75 percent survival rate of replacement treeplantings and a requirement that trees be able to be self-sustaining at the end offive years.Significance after Mitigation: Less than Significant.Impact 3.4-2: Disturbances to nesting raptors or special status nesting birds.Impacts to raptors and other nesting birds will be limited, if any. All large, maturetrees on site will remain and only a few small trees will be removed when the height ofthe dam embankment is reduced. The removal of several trees and shrubs on the southslope behind the reservoir has the potential to result in direct mortality of native birds(and nests) which are protected during nesting under the California Fish and GameCode. In addition, human disturbances and construction noise during the breedingseason (including clearing, grading, trimming, and removal of trees, shrubs, and othernesting habitat for pipelines, bore-and-jack pits, and project facilities) could cause nestabandonment and death of young at active nests around the perimeter of the Projectarea.These impacts could be significant. Implementation of Measure 3.4-2 would reducethese impacts to raptors and special-status bird species to a less than significant level.Measure 3.4-2:EBMUD will avoid disturbing active nests of special-status nesting birds byperforming preconstruction surveys and creating no-disturbance buffers. Ifconstruction activities (i.e., ground clearing and grading, including removal oftrees or shrubs) are scheduled to occur during the nonbreeding season(September 1 through January 31), no mitigation is required.If construction activities are scheduled to occur during the breeding season(February 1 through August 31), EBMUD will implement the followingmeasures to avoid potential adverse effects on nesting raptors and otherspecial-status birds.sb09_001.doc 3-4.9 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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