C.1_Contractor_Environmental_Obligations_Table_rev1.pdf

IFB No.: HSR25-12 Fresno Station Early Works

C.1 Contractor Environmental Obligations Table

Revision(s) Date Description 0 12/10/2025 Initial Release

IF

B

N o.

: H S

R

-1

IN

IT

IA

L

R E

LE

A

S E

2/

/2

Note 1: Fresno High-Speed Rail Station Historic Depot Renovation and Plaza Activation Project Construction Services work is included in the project scope as addressed in the following documents:

• Merced to Fresno Section Final EIR/EIS. The Authority Board certified the Final EIR on May 3, 2012, and the FRA issued the ROD and Final EIS on September 18, 2012.

• Fresno Historic Southern Pacific Railroad Depot Rehabilitation Reexamination. The Authority signed the reexamination on August 7 ,2025.

Note 2: All environmental documents and permits pertaining to the Work and as referenced in this table have been provided to the Contractor. However, additional environmental documents and permits may be obtained by the Authority prior to the commencement of Work. Any additional environmental documents and permits obtained that are applicable to the Work will be provided to the Contractor.

Note 3: Mitigation measures presented in this Contractor Environmental Obligations table include only those relevant to Contractor and the Work.

Note 4: The Applicability column includes a specific note or notes for measures that might pertain to one or more of the following: Preconstruction Documents (PD), Preconstruction Field Activities (PFA), Construction Documents (CD), Construction (C), Post-Construction (PC), and Post-Construction Documents (PCD), and Temporary Operations & Maintenance (TOM). The TOM code will only be applicable if it is included in the Contract.

Note 5: For the purposes of this Contractor Environmental Obligations table and associated environmental compliance activities under the Contract, the following definitions apply:

Preconstruction Documents (PD) are defined as those documents and plans that are required to be reviewed and approved prior to any ground disturbing or preconstruction related activities. These documents may include, but are not limited to, those that are required to be prepared either before or after Preconstruction Field Activities commence. These documents and plans may include Storm Water Pollution Prevention Plan, Traffic Control Plan, Health and Safety Plan, Dust Control Plan, Biological Resources survey methodologies, Weed Control Plan, Habitat Assessment and Mapping, Paleontological Resource Monitoring and Mitigation Plan, Worker Environmental Awareness Program, Cultural Resources Survey Results, Biological Survey Results, etc.

Preconstruction Field Activities (PFA) are defined as any soil disturbing activity that has the potential to adversely affect the environment or biological resources as well as any other activity required to collect data and information and prepare documents and reports prior to construction activities. These activities may include, but are not limited to, supplemental geotechnical investigations; utility potholing;

access road creation or maintenance; cultural, built environment, paleontological, and biological resources surveys; habitat assessments; noxious and invasive weed surveys; etc. These activities are differentiated from Construction based on the required timing of data and information collection needed to inform construction scheduling and phasing.

Construction Documents (CD) are defined as those documents and plans that are required to be reviewed and approved prior to any ground disturbing or construction related activities. These documents and plans may include, but are not limited to, Construction Management Plan, Storm Water Pollution Prevention Plan, Traffic Control Plan, Health and Safety Plan, Biological Resources and Monitoring Plan, Paleontological Resource Monitoring and Mitigation Plan, Worker Environmental Awareness Program, etc.

Construction (C) is defined as any and all activities occurring during the construction period. These activities may adversely affect the environment or biological resources and may include pile-driving, in-water work, geotechnical boring, construction work, material deliveries, setup of staging areas, and any other associated work.

Post-Construction (PC) is defined as any and all activities after the majority of construction has been completed. These activities may adversely affect the environment or biological resources and may include but not be limited to stormwater BMP installation and maintenance, removal, or replacement of controls; seeding or stabilization of soil in temporarily disturbed locations; weed control; correcting or addressing punch list items, etc.

Post-Construction Documents (PCD) are required to be submitted after the completion of Construction activities or Post-Construction activities, as applicable. Post-Construction Documents may also include any other type of document that is prepared for post-construction related activities.

Temporary Maintenance (TOM) As applicable to the Contract, activities may include, but are not limited to, ongoing stormwater BMP installation and maintenance, removal, or replacement of controls;

drainage features to include culverts and stormwater or sediment basin clean out; noxious weed control; mowing and/or maintenance of vegetation; rodent control where safety hazards exist for employees; etc.

Table of Contents Acronyms and Abbreviations

Contractor Environmental Obligations – Fresno Station Early Works ..................... Error! Bookmark not defined.

Merced to Fresno Mitigation Monitoring and Enforcement Plan

Merced to Fresno California Department of Fish and Wildlife Incidental Take Permit

Merced to Fresno U.S. Fish and Wildlife Service Biological Opinion

Acronyms and Abbreviations ARCH Archaeology ATP Archaeological Treatment Plan Authority California High-Speed Rail Authority BETP Built Environment Treatment Plan BGEPA Bald and Golden Eagle Protection Act BIO Biological BMP Best Management Practice BO Biological Opinion BRMP Biological Resources Management Plan C Construction CARB California Air Resources Board CD Construction Documents CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act CM Conservation Measure CNDDB California Natural Diversity Database COA Condition of Approval (CDFW) CRHR California Register of Historical Resources CR Conservation Recommendations CSHPs Construction Safety and Health Plans CSLC California State Lands Commission CTS California Tiger Salamander CWA Clean Water Act EIR Environmental Impact Report EIS Environmental Impact Statement EMCPP Electromagnetic Compatibility Program Plan EMF Electromagnetic Fields EMI Electromagnetic Interference ESA Environmentally Sensitive Areas FESA Federal Endangered Species Act FHWA Federal Highway Administration FLSP Fire/Life Safety Programs FRA Federal Rail Administration FTA Federal Transit Administration GEN General HMMP Habitat Mitigation and Monitoring Plan HSR High-Speed Rail HST High-Speed Train

ITP Incidental Take Permit LSAA Lake and Streambed Alteration Agreement LTMP Long Term Management Plan MBTA Migratory Bird Treaty Act MF Merced to Fresno MM Mitigation Measure

MMEP

MMRP

Mitigation Monitoring and Enforcement Plan Mitigation, Monitoring, and Reporting Plan

MOA Memorandum of Agreement MOU Memorandum of Understanding NEPA National Environmental Policy Act NOx Nitrogen Oxide NPDES National Pollution Discharge and Elimination System PA Programmatic Agreement

PC

PCD

Post-construction Post-construction Documents

PD Preconstruction Design PFA Preconstruction Field Activities PRMMP Paleontological Resource Monitoring and Mitigation Plan RRP Restoration and Revegetation Plan SHPO State Historic Preservation Officer SJKF San Joaquin Kit Fox SJVAPCD San Joaquin Valley Air Pollution Control District SPCC Spill Prevention, Control, and Countermeasure SVP Society of Vertebrate Paleontology SWHA Swainson's Hawk SWPPP Storm Water Pollution and Prevention Plan SWRCB State Water Resources Control Board TC Terms and Conditions TOM Temporary Maintenance USACE United States Army Corps of Engineers USFWS United States Fish and Wildlife Service VERA Voluntary Emissions Reduction Agreement VOC Volatile Organic Compound WCP Weed Control Plan WEAP Worker Environmental Awareness Program WEF Wildlife Exclusion Fence

Contractor Environmental Obligations - Fresno Station Early Works

Merced to Fresno Mitigation Monitoring and Enforcement Plan

RFP

ID#

Mitigation Measure Condition Description Applicability1

Air Quality Mitigation Measures (MM) and Design Features (DF)

MF-MMEP-AQ-

MM#1

Reduce Criteria Exhaust Emissions from Construction Equipment. This mitigation measure will apply to heavy-duty construction equipment used during the construction phase. All off-road construction diesel equipment will use the cleanest reasonably available equipment (including newer equipment and/or tailpipe retrofits), but in no case less clean than the average fleet mix, as set forth in CARB’s Non-Road/Off-Road 2007 database. The contractor will document efforts it undertook to locate newer equipment (such as, in order of priority, Tier 4, Tier 3 or Tier 2 equipment) and/or tailpipe retrofit equivalents. The contractor shall provide documentation of such efforts, including correspondence with at least two construction equipment rental companies. A copy of each unit’s certified tier specification and any required CARB or SJVAPCD operating permit will be made available at the time of mobilization of each piece of equipment.

The contractor shall keep a written record (supported by equipment hours meters where available) of equipment usage during project construction for each piece of equipment.

PFA, CD, C, PC, PCD,

TOM

MF-MMEP-AQ-

MM#2

Reduce Criteria Exhaust Emissions from On-Road Construction Equipment. This mitigation measure applies to on-road trucks used to haul construction materials, including fill, ballast, rail ties, and steel. Material hauling trucks will consist of an average fleet mix of equipment model year 2010 or newer, to the extent reasonably practicable. The contractor shall provide documentation of efforts to secure such fleet mix. The contractor shall keep a written record of equipment usage during project construction for each piece of equipment.

PD, PFA, CD, C, PC,

PCD, TOM

MF-MMEP-AQ-

MM#4

Offset Project Construction Emissions through a SJVAPCD Voluntary Emission Reduction Agreement (VERA). The Authority and SJVAPCD will enter into a contractual agreement to mitigate the project’s actual emissions that exceed thresholds by providing funds for the district’s Emission Reduction Incentive Program (SJVAPCD, 2011) to fund grants for projects that achieve emission reductions, thus offsetting project-related impacts on air quality. The project will reduce actual construction emissions that exceed significance/General Conformity thresholds for NOx and VOC

PD, CD, C, PCD

1 Preconstruction Documents (PD), Preconstruction Field Activities (PFA), Construction Documents (CD), Construction (C), Post-Construction (PC), Post-Construction Documents (PCD), and Temporary Operations & Maintenance (TOM).

RFP

ID#

Mitigation Measure Condition Description Applicability1 through the VERA program. At a minimum, mitigation/offsets shall occur in the year of impact, or as otherwise permitted by 40 CFR Part 93 Section 93.163.

MF-MMEP-AQ-DF#1 Fugitive Dust Emissions. During project design and construction, the Contractor will implement the following measures to reduce impacts on air quality:

- Trucks will be covered to reduce significant fugitive dust emissions while hauling soil and other similar material.

- All trucks and equipment will be washed before exiting the construction site.

- Exposed surfaces and unpaved roads will be watered three times daily.

- Vehicle travel speed on unpaved roads will be reduced to 15 miles per hour (mph).

- Any dust-generating activities will be suspended when wind speed exceeds 25 mph.

- All disturbed areas, including storage piles, that are not being actively used for construction purposes will be effectively stabilized for dust emissions using water or a chemical stabilizer/suppressant, or covered with a tarp or other suitable cover or vegetative ground cover.

- All onsite unpaved roads and offsite unpaved access roads will be effectively stabilized for dust emissions using water or a chemical stabilizer/suppressant.

- All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities will be effectively controlled for fugitive dust emissions by an application of water or by presoaking. With the demolition of buildings up to six stories in height, all exterior surfaces of the buildings will be wetted during demolition.

- All materials transported offsite will be covered or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container will be maintained.

- All operations will limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.

Use of blower devices is expressly forbidden.

- Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, piles will be effectively stabilized for fugitive dust emissions using sufficient water or a chemical stabilizer/suppressant.

- Within urban areas, trackout will be immediately removed when it extends 50 or more feet from the site and at the end of each workday.

PD, PFA, CD, C

RFP

ID#

Mitigation Measure Condition Description Applicability1

- Any site with 150 or more vehicle trips per day will prevent carryout and trackout.

- Use of low-volatile organic compound (VOC) paint that contains less than 10% of VOC contents.

(VOC, 10%). A Super-compliant or Clean Air paint that has a lower VOC content than those required by South Coast Air Quality Monitoring District Rule 1113, will also be used when available.

Biological Resources Mitigation Measures (MM)

MF-MMEP-BIO-

MM#1

During contract procurement and for construction management and Contractor selection and prior to ground-disturbing activities, the Authority or its designee will designate a Project Biologist(s), a Contractor’s Biologist(s), and a Project Biological Monitor(s) responsible for conducting biological monitoring, overseeing regulatory compliance requirements, and monitoring restoration activities associated with ground-disturbing activities in accordance with the adopted mitigation measures and applicable laws.

The Project Biologist’s duties include reviewing design documents and construction schedules and determining which Project Biological Monitor(s), depending on type of biological issues, need(s) to report to the construction site each day. The Project Biologist informs the Biological Monitors as to which mitigation measures should be documented each day and of any special issues that arise during meetings with the construction management team and/or the Contractor’s team.

The Contractor’s Biologist is responsible for the timely implementation of the biological mitigation measures as outlined in the MMRP and construction documents and pertinent resource agency permits.

The Project Biological Monitor’s duties include monitoring construction crew activities, as needed, to document compliance with applicable mitigation measures and permit conditions.

PD, CD, C, PCD

These roles are specified in the CDFW Incidental Take Permit and USFWS Biological Opinion. If there is conflicting language or ambiguity, the permit(s) takes precedence.

MM#2

If requested, before, during, or upon completion of ground-disturbing activities, the Contractor will allow access by the USFWS, USACE, SWRCB, and CDFG staff to the construction site. Due to safety concerns, all visitors will check in with the Resident Engineer prior to accessing the construction site. The final product will be a memorandum prepared by the Project Biologist within 1 day documenting agency access and issues raised during the field meeting and submitted to the Mitigation Manager. Any non-compliance issues will be reported to the Authority or its designee.

PFA, CD, C, PCD, PC,

TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1

MM#3

Prior to ground-disturbing activities, the Mitigation Manager or designee will prepare and implement a Worker Environmental Awareness Program (WEAP) for construction crews. WEAP training materials will include the following: discussion of the FESA, CESA, BGEPA, and the MBTA;

consequences and penalties for violation or noncompliance with these laws and regulations and project permits; identification and value of special-status plants, special-status wildlife, jurisdictional waters, and special-status plant communities; hazardous substance spill prevention and containment measures; the contact person in the event of the discovery of a dead or injured wildlife species; and review of mitigation measures. In the WEAP, the Mitigation Manager will detail construction timing in relation to habitat and species’ life stage requirements and discuss project maps, showing areas of planned minimization and avoidance measures.

A fact sheet prepared by the Mitigation Manager conveying this information will be prepared for distribution to the construction crews and to other individuals who enter the construction footprint. Upon completion of the WEAP training, construction crews will sign a form stating that they attended the training and understand and will comply with the information presented.

Construction crews will be informed during the WEAP training that, to the extent possible, travel within the marked project site will be restricted to established roadbeds. Established roadbeds include all pre-existing and project-constructed unimproved, as well as improved roads.

PD, PFA, CD, C, PC,

TOM

MF-MMEP-BIO-

MM#4

Prior to ground-disturbing activities, the Contractor will prepare and implement a Weed Control Plan (WCP) to minimize or avoid the spread of weeds during ground-disturbing activities. The Weed Control Plan will address the following:

- Schedule for conducting noxious weed surveys to be conducted in coordination with the BRMP.

- Success criteria for noxious and invasive weed control as established by a qualified biologist. The success criteria will be linked to the HMMP for compensatory mitigation sites, and the standards for onsite work during construction will limit invasive species to less than 5% and non-native herbaceous species to less than 25%. If these success criteria have not been met by the end of the BRMP monitoring and implementation period, monitoring and control efforts will continue, and remedial actions will be identified and implemented until success criteria are met. Based on monitoring results, additional or revised measures may be needed to ensure the introduction and spread of noxious weeds is not promoted by the construction and operation of the HST.

- Provisions to ensure that the development of the Weed Control Plan will be coordinated with development of the Restoration and Revegetation Plan (RRP) so that the RRP incorporates

PD, PFA, CD, C, PC,

PCD, TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1 measures to reduce the spread and establishment of noxious weeds and incorporates percent cover of noxious weeds into revegetation performance standards. Identify weed control treatments including permitted herbicides, and manual and mechanical methods for application.

Restrict herbicide application from use in environmentally sensitive areas (ESAs).

- Determine timing of the weed control treatment for each plant species.

- Identify fire prevention measures.

The Contractor will implement the Weed Control Plan during the construction period and require that maintenance crews follow the guidelines in the Weed Control Plan during the project period.

The Authority or its designee will appoint the responsible party during the operations period. A monthly memorandum will be prepared by the Contractor’s biologist to document the progress of the Plan and its implementation.

MM#5

During final design, and prior to construction, the Contractor’s biologist will prepare the Biological Resources Management Plan (BRMP) and assemble the biological resources mitigation measures.

In the BRMP, the Contractor’s biologist will include terms and conditions from applicable permits and agreements and make provisions for monitoring assignments, scheduling, and responsibility.

The BRMP will also include habitat replacement and revegetation, protection during ground-disturbing activities, performance (growth) standards, maintenance criteria, and monitoring requirements for temporary and permanent native plant community impacts. The BRMP will form the parameters for the biology mitigation measures from this EIR/EIS, including terms and conditions as applicable from the USFWS, USACE, SWRCB, and CDFW permits.

The BRMP will be prepared for all phases of project implementation, but may be exclusively prepared for each construction package.

The goal of the BRMP is to assist the Contractor’s biologist with an organized reporting tool to ensure the mitigation measures and terms and conditions are implemented in a timely manner and are reported on. These include all avoidance, minimization, repair, mitigation, and compensatory actions stated in the mitigation measures or terms and conditions from the permits referenced above. These measures and conditions are tracked through final design, implementation, and post-construction phases. Specific performance standards are habitat-based and are related to success of onsite or offsite repair of temporary impacts, or more permanent impacts that are compensated at an offsite location. Habitat-based mitigation applies to compensatory mitigation or permittee-

PD, CD, PCD

RFP

ID#

Mitigation Measure Condition Description Applicability1 responsible mitigation for impacts on special-status plants, special-status wildlife, special-status plant communities, or jurisdictional waters and are generally addressed in the Bio-MM#58 as part of the Habitat Mitigation and Monitoring Plan (HMMP). Performance standards are targets for determining the effectiveness of the mitigation and assessing the need for adaptive management (e.g., mitigation design or maintenance revisions). Success criteria are formal criteria that must be met after a specific timeframe to meet regulatory requirements of the permitting agencies. These are habitat-based performance standards that include consideration for the establishment of a species or habitat. Since species are nested within habitats, the performance standards are primarily based on vegetation, substrate, and hydrology conditions. The performance standards for the establishment of any temporary or permanent impacts on these resources are recognized in those resource categories, but are more specifically covered in the specific performance standards/guidelines shown in Bio-MM#56. The overarching goal is to neutralize the impacts with respect to species and habitat impacted. The BRMP will help the long-term perpetuation of biological resources within the temporarily disturbed areas, as well as protect adjacent targeted habitats. The BRMP will contain but not be limited to the following information:

a. Specific measures for the protection of special-status species.

b. Identification (on construction plans) of the locations and quantity of habitats to be avoided or removed, including locations where habitats are to be restored.

c. Procedures for vegetation analyses of temporarily impacted habitats to approximate their relative composition, as well as procedures for site preparation, irrigation, planting, and maintenance. This information may be used to determine the requirements of the revegetation areas for both onsite temporary impacts and offsite compensatory sites.

d. Sources of plant materials and methods of propagation.

e. Specific parameters for determining the amount of replacement habitat for temporary disturbance areas identified consistent with mitigation ratios and permit conditions.

f. Specification of parameters for maintenance and monitoring of re-established habitats, including weed control measures, frequency of field checks, and monitoring reports for temporary disturbance areas.

g. Specification of performance standards for the re-established plant communities within the construction limits.

h. Remedial measures, such as a form of adaptive management, to be taken if performance standards are not met.

RFP

ID#

Mitigation Measure Condition Description Applicability1

i. Methodologies and requirements for monitoring the restoration/replacement efforts, which will be a combination of qualitative and quantitative data consistent with mitigation measures and permit conditions.

j. Measures to preserve topsoil and control erosion.

k. Design of protective fencing around ESAs and ERAs and the construction staging areas.

l. Specification of location and quantities of gallinaceous guzzlers (catch basin/artificial watering structures) if needed; specification of monitoring of water levels in guzzlers.

m. Location of trees to be protected as wildlife habitat (roosting sites) and locations for planting replacement trees.

n. Specification of the purpose, type, frequency, and extent of chemical use for insect and disease control operations as part of vegetative maintenance within sensitive habitat areas.

o. Specific construction monitoring programs for habitats of concern and special-status species, as needed.

p. Specific measures for the protection of vernal pool habitat and riparian areas. These measures may include but are not limited to: erosion and siltation control measures, protective fencing guidelines, dust control measures, grading techniques, construction area limits, and biological monitoring requirements.

q. Provisions for biological monitoring during ground-disturbing activities to confirm compliance and success of protective measures. The monitoring procedures will: (1) identify specific locations of wildlife habitat and sensitive species to be monitored, (2) identify the frequency of monitoring and the monitoring methodology (for each habitat and sensitive species to be monitored), (3) list required qualifications of biological monitor(s), and (4) identify reporting requirements.

MM#8

Prior to ground-disturbing activities, the Contractor will locate staging areas for construction equipment outside sensitive biological resources including habitat for special-status species, habitats of concern (e.g., wetlands, waters of the U.S., riparian communities), and wildlife movement corridors, to the maximum extent possible. The Contractor’s biologist will submit memoranda to the Mitigation Manager documenting compliance. Where avoidance is not feasible the permitting authorities need to be contacted for modification to permits, as required by law.

PFA, CD

MM#9

During ground-disturbing activities, the Contractor biologist will verify that plastic mono-filament netting (erosion-control matting) or similar material is not used in erosion control materials;

substitutes include coconut hair matting or tackified hydroseeding compounds. The Contractor’s

PFA, CD, C, PCD, TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1 biologist will submit memoranda to the Authority documenting compliance monthly, or as appropriate, through the life of the project construction.

MF-MMEP-BIO-

MM#10

During ground-disturbing activities, the Contractor will restrict project-related vehicle traffic, within the construction area, to established roads, construction areas, and other designated areas.

Establish vehicle traffic locations disturbed by previous activities to prevent further adverse effects. Observe a 20 mph speed limit for construction areas with potential special-status species habitat. Clearly flag and mark access routes and prohibit off-road traffic. The Contractor’s biologist will submit a memorandum to the Mitigation Manager documenting compliance on a weekly basis.

PFA, CD, C, PC, PCD,

TOM

MF-MMEP-BIO-

MM#11

The Contractor will cover all excavated, steep-sided holes or trenches, more than 8 inches deep, at the close of each working day with plywood or similar materials, or provide a minimum of one escape ramp per 10 feet of trenching constructed of earth fill. The Contractor will thoroughly inspect such holes or trenches for trapped animals before leaving the construction site each day.

Prior to construction, the Contractor’s Biologist will screen all culverts, or similar enclosed structures, with a diameter of 4 inches or greater to prevent use by wildlife. The Contractor will ensure that cleared and stored material at the construction site for common and special-status wildlife species before the material is subsequently used or moved. The Contractor’s biologist will submit a memorandum to the Authority documenting compliance on a weekly basis.

C, PC, PCD, TOM

MM#12

During ground-disturbing activities, the Contractor’s biologist will halt work in the event that a special-status wildlife species gains access to the construction footprint. This work stoppage will be coordinated with the resident engineer and/or the Authority or its designee. At this direction the Contractor will suspend ground-disturbing activities in the immediate construction area that could reasonably result in a “take” of special-status wildlife species. The Contractor will continue the suspension until the individual leaves voluntarily, is relocated to a release area using USFWS-and/or CDFW-approved handling techniques and relocation methods, or as required by USFWS or CDFW. The Contractor’s biologist will submit a memorandum to the Mitigation Manager documenting compliance within 1 day of the work stoppage and subsequent action.

PFA, C, PC, PCD, TOM

MF-MMEP-BIO-

MM#13

The Contractor’s biologist will notify the USFWS and/or CDFW immediately in the case of an accidental death or injury to a federal or state-listed species during project-related activities. The Authority or its designee will be notified prior to the notification to the agencies. The Contractor’s biologist will submit a memorandum to the Authority documenting compliance.

PFA, C, PC, PCD, TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1

MF-MMEP-BIO-

MM#14

After each construction period is completed, the Contractor’s biologist will submit post-construction compliance reports consistent with the appropriate agency (e.g., UFSWS, NMFS and CDFW) protocols, including compliance with resource agency permits (i.e., Section 7 of FESA, Section 2081 of CESA and Section 401 and 404 of the CWA and 1600 of Fish and Game Code). The Contractor’s biologist will submit a memorandum to the Mitigation Manager documenting compliance. The frequency of the memorandum compilation and submission will be consistent with regulatory compliance permits.

C, PC, PCD

MF-MMEP-BIO-

MM#16

Protected trees are those that are identified within local planning jurisdiction documents/ordinances that have policies toward protection. Prior to, during, and post-construction, the Contractor’s Biologist will implement the following methods to preserve and/or mitigate impacts on protected trees:

(1) The Contractor will conduct pre-construction surveys to evaluate the condition of all ornamental and native trees found within urban areas directly and indirectly affected by the proposed project.

(2) The Contractor will transplant all directly affected trees that are in good condition to suitable site outside the construction footprint.

(3) The Contractor will fence trees which may be indirectly affected by construction activities 5 feet from their driplines to form exclusion zones.

(4) The Contractor will prepare a monitoring and maintenance program to monitor transplanted trees for re-establishment of root systems.

The Project Biologist will submit a memorandum to document compliance to the Mitigation Manager on a monthly basis as needed pending construction progress.

PFA, C, PC, PCD, TOM

MF-MMEP-BIO-

MM#29

Prior to ground-disturbing activities, the Contractor’s biologist will conduct pre-construction surveys for nesting raptors if construction and habitat removal activities are scheduled to occur during the breeding season (February 1 to August 15). The Contractor’s biologist will conduct surveys in areas within 300 feet of the construction footprint. Modify the required survey dates based on local conditions. If breeding raptors with active nests are found, establish a 300-foot buffer around the nest and phase construction activities within the buffer(s) until the young have fledged from the nest or the nest is abandoned. Approve construction activities within the buffer area, pending site conditions that will not jeopardize the nest.

PFA, CD, C, PC, PCD,

RFP

ID#

Mitigation Measure Condition Description Applicability1

The Contractor’s biologist will conduct pre-construction surveys for bald and golden eagle nests within ¼ mile of the construction footprint. If nesting bald or golden eagles are identified, the Contractor’s Biologist in coordination with the Contractor’s biologist will establish a 1,000-foot buffer area. Contractor’s biologist will adjust the 1,000-foot buffer as needed to reflect existing conditions including ambient noise, topography, and disturbance with the approval of the USFWS or CDFW, as appropriate. The Contractor’s biologist will conduct regular monitoring of the nest to determine success/failure and to confirm that project activities are not conducted within the buffer(s) until the nesting cycle is complete or the nest fails. The Contractor’s biologist will document the results of the surveys and the ongoing monitoring, and provide a copy of the monitoring reports for impact areas to the respective agencies. The Contractor’s biologist will approve ground-disturbing activities within the buffer area, pending site conditions that will not jeopardize the nest. Contractor’s biologist will submit a memorandum to the Authority documenting compliance.

MF-MMEP-BIO-

MM#30

In the event active bird nests are encountered during the pre-construction survey, the Contractor will determine the nest avoidance buffer zones as appropriate. The Contractor will establish the suitable buffers consistent with the intent of the MBTA. The Contractor will delineate nest avoidance buffers established for ground nesting birds in a manner that does not create predatory bird perch points in close proximity (150 feet) to the active nest site. The Contractor will monitor active bird nests weekly or more frequently pending status of nest and status of fledgling development. The Contractor will maintain the nest avoidance buffer zone until nestlings have fledged or the nest is abandoned. The Contractor will submit a memorandum to the Authority documenting compliance.

PFA, CD, C, PCD

MF-MMEP-BIO-

MM#32

The Contractor’s biologist will conduct pre-construction surveys for Swainson’s hawks during the nesting season (March 1 through September 15) within the construction footprint and within a 0.5-mile buffer. The Contractor’s biologist will conduct the pre-construction nest surveys at least 30 days prior to ground-disturbing activities and phase with project construction. The preconstruction surveys will determine the status (i.e., active, inactive) of the nest and then will be used to set up nest avoidance strategies (Bio-MM#33). The Contractor’s biologist will submit a memorandum to the Authority documenting compliance with the measure.

PFA, CD, C

MF-MMEP-BIO-

MM#33

If active Swainson’s hawk nests (defined as a nest used one or more times in the last 5 years) are found within 0.5 mile of the construction footprint during the nesting season (March 1 to

RFP

ID#

Mitigation Measure Condition Description Applicability1

September 15), the Contractor will implement buffers restricting construction activities, following CDFW’s Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Central Valley of California (CDFW 1994). Adjustments to the buffer(s) will require prior approval by CDFW as coordinated by the Contractor’s biologist. The buffers and nest condition will then be monitored (see Bio-MM#34). The Contractor’s biologist will submit a memorandum to the Authority documenting compliance on a weekly basis.

MF-MMEP-BIO-

MM#34

Prior to ground-disturbing activities, the Contractor’s biologist will monitor nest trees for Swainson’s hawks in the construction footprint that are not removed. If a nest tree for a Swainson’s hawk must be removed, the Contractor will obtain a Management Authorization (including conditions to offset the loss of the nest tree) from the CDFW, as described in CDFW’s Staff Reporting Regarding Mitigation for Impacts to Swainson’s Hawks (Buteo swainsoni) in the Central Valley of California (CDFW 1994). The Management Authorization will specify the tree removal period, generally between October 1 and February 1. If ground-disturbing activities or other project-related activities may cause nest abandonment by a Swainson’s hawk or forced fledging within the specified buffer area, monitoring of the nest site (funded by the Authority) by the Contractor’s biologist will be required to determine if the nest is abandoned. The Contractor’s biologist will submit a memorandum to the Authority documenting compliance on a weekly basis during the appropriate season.

PFA, CD, C, PCD

MF-MMEP-BIO-

MM#35

Prior to ground-disturbing activities, the Contractor will conduct preconstruction surveys in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation (CDFW 1995). The Contractor will conduct these surveys at appropriate timeframes within suitable habitat located in the construction footprint and a 500-foot buffer. Results of the surveys will be used to inform Bio-MM#36. The Contractor will submit a memorandum to the Authority documenting compliance on a weekly basis.

PFA, CD, C, PCD

MF-MMEP-BIO-

MM#36

Implement burrowing owl avoidance and minimization measures following CDFW’s Staff Report on Burrowing Owl Mitigation (CDFW 1995).

• The Contractor will not disturb occupied burrowing owl burrows during the nesting season (February 1 through August 31) unless it is verified that either the birds have not begun egg-laying and incubation, or that juveniles from the occupied burrows are foraging independently and are capable of independent survival as determined by the Contractor.

RFP

ID#

Mitigation Measure Condition Description Applicability1

Eviction outside the nesting season may be permitted pending evaluation of eviction plans and receipt of formal written approval from the CDFW authorizing the eviction.

• Unless otherwise authorized by CDFW, the Contractor will establish a 250-foot buffer (as an environmentally sensitive area) between the construction work area and nesting burrowing owls during the nesting season. The Contractor will maintain this protected area until August 31 or a time set at CDFW’s discretion and based upon monitoring evidence, until the young owls are foraging independently.

• Unless otherwise authorized by CDFW, the Contractor will establish a 160-foot buffer (as an environmentally sensitive area) between the construction work area and occupied burrows during the non-breeding season (September 1 through January 31). The Contractor will maintain this protected area until January 31 or at CDFW’s discretion and based upon monitoring evidence, until the young owls are foraging independently.

If burrowing owls must be moved away from the construction footprint, the Contractor will undertake the passive relocation measures in accordance with CDFW’s (1995) guidelines. The Contractor will submit a memorandum to the Authority documenting compliance on a weekly basis.

MF-MMEP-BIO-

MM#37

No more than 1 year before the replacement or modification of any bridges or removal of other structures identified as bat habitat and where access is available, the Project Biological Monitor or designee will conduct a survey of the bridge looking for evidence of roosting bats. No more than 1 year before the replacement or modification of any bridges or removal of other structures identified as bat habitat and where access is available, the Project Biologist would conduct a survey of the bridge looking for evidence of roosting bats. If bat sign is detected, biologists would conduct an evening visual emergence survey of the bridge or structure, from a half hour before sunset to 1–2 hours after sunset for a minimum of 2 nights within the season that construction would be taking place. If a potentially active bat roost is in the bridge or structure, passive monitoring with full-spectrum bat detectors would be used to assist in determining species present. To the extent possible, all monitoring would be conducted during favorable weather conditions (calm nights with temperatures conducive to bat activity and no precipitation predicted). The biologists would analyze the bat call data using appropriate software and would prepare a report that would be submitted to the Authority, including an assessment of the significance of the roost for local bat populations.

PFA, CD, C, PCD

RFP

ID#

Mitigation Measure Condition Description Applicability1

MF-MMEP-BIO-

MM#38

Prior to any ground-disturbing activities, the Project Biologist shall survey for active hibernacula or maternity roosts. If active hibernacula or maternity roosts are identified in the work area or 500 feet extending from the work area during pre-construction surveys, they would be avoided to the extent feasible. If avoidance of the hibernacula is not feasible, the Project Biologist will prepare a relocation plan to remove the hibernacula, and provide for construction of an alternative bat roost outside of the work area with CDFW guidance. If feasible, compensation would include the installation of nearby suitable alternative roosting structures if displacements are long term or permanent. The alternative roosting structure, if required, would be constructed in accordance with CDFW guidance and would be designed to have comparable size and quality of the impacted habitat. The Project Biologist will implement the Relocation Plan prior to the commencement of any ground-disturbing activities that would occur within 500 feet of the hibernacula. Removal of roosts would be guided by accepted exclusion and deterrent techniques.

PFA, CD, C

MF-MMEP-BIO-

MM#39

If non-breeding or non-hibernating individuals or groups of bats are found roosting within the work area, the Project Biologist would facilitate the eviction of the bats by either opening the roosting area to change the lighting and airflow conditions, or by installing one-way doors, or other appropriate methods. To the extent feasible, the Contractor will leave the roost undisturbed by project-activities for a minimum of one week after implementing exclusion and/or eviction activities. The Contractor will not implement exclusion measures to evict bats from active maternity roosts or occupied hibernation roosts; instead, such features may be relocated pursuant to a relocation plan.

PFA, C, PC, TOM

MF-MMEP-BIO-

MM#63

The Contractor will compensate for impacts, including removal or trimming of native protected trees and landscape or ornamental trees, according to the various city and county policies, ordinances, and regulations through one of the following:

- The Contractor will transplant all directly affected protected trees that are judged by the arborist to be in good condition to a suitable site outside the zone of impact.

- The Contractor will replace all directly affected protected trees at onsite or offsite locations, based on the number of protected trees removed, at a ratio to be determined through consultation with the various city and county governmental agencies, but not to exceed 3:1 for native trees or 1:1 for landscape or ornamental trees.

- The Authority will contribute to a city or county tree-planting fund within the jurisdiction of a regulatory agency.

C, CD, PC, PCD, TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1

- The Project Biologist will submit a memorandum to the Mitigation Manager documenting compliance.

The comprehensive list of mitigation measures presented in this section is the result of coordination with federal, state, and local agencies including the USFWS, USACE, EPA, CDFG, and SWRCB. Since these agencies are tasked with conserving, protecting, and enhancing biological resources, their input and validation confirms the proposed measures as effective. Additionally, the majority of these measures include monitoring and tracking by approved biologists to verify progress and effectiveness. In the event that conditions are not effective, the mitigation measures include provisions for modifications to meet the mitigation objectives.

Archaeological and Cultural Resources Mitigation Measures (MM) and Design Features (DF)

MF-MMEP-ARCH-

MM#1

Prior to ground-disturbing activities within the project alternatives, a qualified professional archaeologist, who meets the Secretary of the Interior’s (SOI’s) Standards for Archaeology, will develop a training program and printed material to be presented to construction personnel. The purpose of this training and accompanying materials will be to familiarize construction personnel with the relevant legal (Section 106/NEPA/CEQA) context for cultural resources of the project and with the types of cultural sites, features, and artifacts that could be uncovered during construction activities. These training sessions will be conducted prior to commencing construction within discrete portions of the project alternatives or as needed as construction crews and supervisors may change. The archaeological training program is further detailed in the Archaeological Treatment Plan (ATP), which will focus on the treatment of known buried historic properties and will provide guidance in the event of unanticipated discoveries. This is being developed with input from all consulting parties, including:

- Merced County

- City of Merced

- City of Merced Design Review Board/Commission and Historic Preservation Commission

- Fresno County

- City of Fresno

- City of Fresno Historic Preservation Program

- Fresno County Landmarks and Records Advisory Commission

PD, CD, C

RFP

ID#

Mitigation Measure Condition Description Applicability1

- Madera County

- City of Madera

- California State Historic Preservation Office (SHPO)

- Advisory Council on Historic Preservation (ACHP)

In addition, consultation is being undertaken with participating parties and entities that have expressed a formal interest in being involved with the project, including Native American tribes.

The ATP will reflect the input of all parties. The ATP is a living document, monitored by all of the consulting parties so that compliance activities and mitigation commitments can be tracked. The ATP will be also be tied to the Memorandum of Agreement (MOA), which will also contain compliance and tracking stipulations tied to each specific mitigation item. The combination of the ATP and the MOA, along with ongoing coordination with the consulting parties, tracks and measures the commitments.

MF-MMEP-ARCH-

MM#2

If any cultural resources are discovered during ground-disturbing activities, all work within 50 feet of the resources will halt, and the project proponent will consult with a qualified archaeologist to assess the significance of the find and any work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is being carried out. An Unanticipated Discoveries Plan will be developed in coordination with the consulting parties to detail the specific procedures to be followed if archaeological materials are found during construction. This plan is a part of the ATP, which is also being developed through a consultative process.

The California State Lands Commission (CSLC) will be notified if the find is a cultural resource on or in the submerged lands of California, consequently under the jurisdiction of the CSLC. The project proponent will comply with all applicable rules and regulations promulgated by CSLC with respect to cultural resources located in submerged lands, and in accordance with the Programmatic Agreement (PA) and the Memorandum of Agreement (MOA).

If human remains are encountered, the project proponent will comply with applicable laws and regulations regarding notification and disposition of the remains. If the coroner determines that the remains are Native American, the coroner will notify the Native American Heritage Commission

PD, PFA, C, CD, PC,

PCD, TOM

RFP

ID#

Mitigation Measure Condition Description Applicability1

(NAHC).

If any find is determined to be significant, the project proponent and the archaeologist will meet to determine the appropriate avoidance measures or other appropriate mitigation in conjunction with the State Historic Preservation Officer (SHPO) and the MOA signatories. All significant cultural materials recovered will be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards as determined in the MOA. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts on historical resources or unique archaeological resources, a determination will be made whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations.

If, in consultation with the consulting archaeologist, it is determined that a significant archaeological resource is present and that the resource could be adversely affected by the proposed project, one of the following actions may be followed, as…