PWS_Attachment_A_-_Applicable_Environmental_Commitments_Summary.pdf

San Joaquin River Restoration Program Environmental Compliance Services

Performance Work Statement Attachment A – Applicable Environmental Commitments Summary

This attachment to the San Joaquin River Restoration Program Environmental Compliance Services Performance Work Statement (PWS) describes the potentially applicable environmental commitments for the Arroyo Canal Fish Screen and Sack Dam Fish Passage Project (Arroyo Project) and Mendota Pool Bypass and Reach 2B Improvements Project (2B Project) relevant to the tasks described in the PWS summarized from the Arroyo Project Supplemental Environmental Assessment 2B Project Record of Decision. This attachment includes the best available information at this time describing environmental commitments. Additional information will be provided to the contractor as it is received in future environmental compliance documents for these projects. Attachments B and C provide further information on environmental commitments relevant to the tasks in this PWS as described in the 2B Project Clean Water Act compliance documentation.

Arroyo Canal Fish Screen and Sack Dam Fish Passage Project

Resource Environmental Commitment Biological Resources –

Fish Species

A qualified fish biologist will conduct pre-construction monitoring for fish species in the action area within two weeks prior to dewatering activities; and monitoring, as needed, during project construction. The biologist will conduct worker environmental awareness training on special status fish species potentially occurring in the project area prior to the start of in-water construction activities (i.e., cofferdam installation).

Biological Resources – Fish Species

A fish rescue plan will be prepared and implemented for any dewatering activities that may entrain fish. The plan will include using a qualified fish biologist to capture, remove, and relocate fish present in areas to be dewatered. The fish rescue plan will be provided to NMFS for approval prior to the onset of construction activities.

Biological Resources – Fish Species

NMFS will be notified if listed species are observed within the action area. Implementing Agency personnel will have access to construction sites during construction and operation as appropriate to evaluate species presence and habitat conditions. Access to the action area by agency staff will be coordinated by Reclamation.

Biological Resources – Fish Species

Staging areas, temporary access roads, and stockpile areas will be confined to the minimum area necessary to complete the project. They will be placed in areas that are already disturbed.

Prior to equipment mobilization, the work area boundaries will be clearly marked to prevent disturbance of sensitive areas. Temporary orange fencing will be placed to delineate environmentally sensitive areas to exclude these areas from being impacted by construction activities.

Biological Resources – Fish Species

A qualified biologist will conduct worker awareness training prior to project construction.

Biological Resources – Fish Species

Reclamation’s environmental monitor will make regular site visits during construction to confirm that the conservation measures are being implemented.

Biological Resources – Fish Species

NMFS will be notified if listed species are observed within the action area. Implementing Agency personnel will have access to construction sites during construction and operation as appropriate to evaluate species presence and habitat conditions. Access to the action area by agency staff will be coordinated by Reclamation.

Biological Resources – Fish Species

A fish rescue plan will be prepared and implemented for any dewatering activities that may entrain fish. The plan will include using a qualified biologist to capture, remove, and relocate fish present in areas to be dewatered. The fish rescue plan will be provided to NMFS for approval prior to the onset of construction activities.

Biological Resources – Fish Species

A qualified biologist will conduct pre-construction monitoring for fish species in the action area within two weeks prior to dewatering activities; and construction monitoring, as needed, during project construction.

Terrestrial Species

A brief employee education presentation will be conducted by a USFWS-approved biologist.

The presentation will include the following: a description of San Joaquin kit fox (Vulpes macrotis mutica) (SJKF), Fresno Kangaroo Rat (Dipodomys nitratoides exilis) (FKR) and giant garter snake (Thamnophis gigas) (GGS); the habitat needs for each species; a report of each species’ occurrences in the project vicinity; an explanation of the status of each species and its protection under the Endangered Species Act (ESA); and a list of measures being taken to reduce impacts to each species during project construction. A fact sheet conveying this information will be prepared for distribution to construction personnel.

Biological Resources – Terrestrial Species

A USFWS-approved biologist will conduct pre-construction surveys for SJKF no fewer than 14 days and no more than 30 days prior to the onset of any ground disturbing activity. If SJKF are detected at any time, all construction activities associated with the project will be halted immediately. The project will be placed on hold until consultation with USFWS is completed.

§ Pre-construction surveys will be conducted by a qualified biologist per USFWS and California Department of Fish and Wildlife (CDFW) survey methodology to determine if potential burrows for FKR are present in the proposed action area. Surveys will be conducted within 30 days before ground-disturbing activities. The biologist will conduct burrow searches by systematically walking transects, which will be adjusted based on vegetation height and topography, and in coordination with USFWS and CDFW. Transects will be used to identify the presence of kangaroo rat burrows. If burrows are found within 100 feet of the proposed project footprint, Reclamation will consult with USFWS and coordinate with CDFW prior to implementing any construction activity.

Biological Resources – Terrestrial Species

If a GGS is detected during SJKF and FKR surveys, or during construction, Reclamation will consult with USFWS and coordinate with CDFW. Construction activities will not occur until consultation with USFWS is complete.

Biological Resources – Terrestrial Species

As described in Conservation Measure WPT-1 in the SJRRP ROD: to avoid and/or minimize effects on western pond turtle (Actinemys marmorata), a qualified biologist will conduct surveys in suitable aquatic habitats to be dewatered prior to dewatering and/or filling during project construction. Surveys will be conducted immediately after dewatering and before fill of aquatic habitat suitable for western pond turtles. If pond turtles are found, the biologist will capture them and move them to nearby agency-approved areas of suitable habitat that would not be disturbed by project construction.

Terrestrial Species

Before the start of work each day, the biological monitor, or a designated individual who is USFWS-approved and under direct supervision of the biological monitor, will check for wildlife under any equipment to be used that day, such as vehicles or stockpiles of items such as pipes. If any listed species are found, they will be allowed to leave on their own volition before the initiation of construction activities for the day. To prevent inadvertent entrapment of wildlife during construction, all excavated, steep-walled holes or trenches more than 1 foot deep will be covered by plywood or similar materials, at the close of each working day or provided with one or more escape ramps constructed of earth fill or wooden planks. Before such holes or trenches are filled, they must be thoroughly inspected for trapped animals.

Biological Resources – Terrestrial Species

All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods will be thoroughly inspected before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a SJKF is discovered inside a pipe, all work will be halted, and that section of pipe will not be moved until the USFWS has been consulted and CDFW contacted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity, until the SJKF has escaped.

Biological Resources – Terrestrial Species

Conservation Measure MBTA-1, as described in the SJRRP ROD, is incorporated as appropriate into this analysis, including measures to avoid and minimize impacts on nesting migratory birds. o Tree and vegetation removal will occur prior to the nesting season of February 1 to September 15, as feasible.

a) If tree or vegetation removal must occur during the nesting season, a qualified biologist will conduct a pre-construction survey within the proposed action area to survey for nesting migratory birds within 7 days of work occurring.

b) At least one survey will be conducted no more than 7 days prior to the onset of any construction activity. If no active nests are located, no further mitigation is necessary.

c) If active nests (nests containing eggs or young) are identified within the survey area, a no-disturbance buffer zone will be established around the nest site, and the nest site monitored by a qualified biologist. No construction activities will occur within the buffer zone. The buffer zone will be maintained until the young have fledged (as determined by a qualified biologist). The buffer zone will be delineated with exclusionary fencing and flagging and/or signage as appropriate.

Vegetation and Wetland

Species

Staging areas, temporary access roads, and stockpile areas will be confined to the minimum area necessary to complete the project. They will be placed in areas that are already disturbed.

Prior to equipment mobilization, the contractor work area boundaries within the proposed action area will be clearly marked to prevent disturbance of sensitive areas. Temporary orange fencing will be placed to delineate environmentally sensitive areas to exclude these areas from being impacted by construction activities.

Water Resources Water quality monitoring will be implemented during in-water construction activities in accordance with all applicable Clean Water Act compliance documents. This monitoring typically includes:

o Ensuring via visual observation that waters do not contain oils, greases, waxes, or other materials in concentrations that cause nuisance, result in a visible film or coating on the surface of the water or on objects in the water, or otherwise adversely affect beneficial uses.

o Ensuring via grab sample every four hours that activities do not cause pH to be depressed below 6.5 nor raised above 8.5 in surface water.

o Ensuring via grab sample every four hours that turbidity does not exceed the following parameters:

▪ where natural turbidity is less than 1 Nephelometric Turbidity Units (NTUs), controllable factors will not cause downstream turbidity to exceed 2 NTU;

▪ where natural turbidity is between 1 and 5 NTUs, increases will not exceed 1 NTU;

▪ where natural turbidity is between 5 and 50 NTUs, increases will not exceed 20 percent;

▪ where natural turbidity is between 50 and 100 NTUs, increases will not exceed 10 NTUs; v.

▪ where natural turbidity is greater than 100 NTUs, increases will not exceed 10 percent.

o Water quality sampling during in-water work will be conducted upstream out of the influence of the work area, and approximately 300 feet downstream of the work area.

Mendota Pool Bypass and Reach 2B Improvements Project Resource Environmental Commitment Fisheries A qualified biological monitor will be present during all construction activities, including clearing, grubbing, pruning, and trimming of vegetation at each job site during construction initiation, midway through construction, and at the close of construction, to monitor implementation of conservation measures and water quality.

Fisheries The Mendota Pool Bypass and Reach 2B Improvements Project Fish Rescue and Relocation Plan will be implemented by qualified biologists as needed for specific in water construction periods as determined by Reclamation.

Fisheries A NMFS-approved Worker Environmental Awareness Training Program for construction personnel shall be conducted by the NMFS-approved biologist for all construction workers prior to the commencement of construction activities. The program shall provide workers with information on their responsibilities with regard to Federally-listed fish, their critical habitat, an overview of the life-history of all the species, information on take prohibitions, protections afforded these animals under the ESA, and an explanation of the relevant terms and conditions of the NMFS Biological Opinion. Written documentation of the training must be submitted to NMFS within 30 days of the completion of training.

Fisheries Measures shall be taken to ensure that riparian habitat within the study area is preserved and protected to the maximum extent feasible for protection of fish habitat features that are the subject of the NMFS Biological Opinion.

Fisheries If individuals of listed species are observed present within the Project area, NMFS will be notified.

NMFS personnel will have access to construction sites during construction, and following completion, to evaluate species presence and condition and/or habitat conditions.

Fisheries - Pacific Lamprey Avoid and Minimize Effects to Species. A qualified biologist will conduct preconstruction surveys as outlined in Attachment A of USFWS’ Best Management Practices to Minimize Adverse Effects to Pacific Lamprey (Entosphenus tridentatus) (2010).

If temporary dewatering in documented areas of lamprey presence is required for instream channel work, salvage methods will be implemented to capture and move ammocoetes to a safe area, in consultation with USFWS.

Vegetation and Wildlife

Special-Status Plants Avoid and Minimize Effects to Special-Status Plants. Within 1 year before the commencement of ground-disturbing activities, protocol-level surveys for the special-status plants that are applicable to Reach 2B (FEIS/R Chapter 6, Table 6-3 (Federal-, State-, or CNPS- Listed Plant Species with a Potential to Occur in the Project Area) and Hibiscus lasiocarpos var.

occidentalis), will be conducted in grassland, elderberry savannah, fresh emergent wetland, and wet herbaceous habitats by a qualified botanist, in accordance with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (DFW 2009). If detected, locations of special-status plant populations that can be avoided will be clearly identified in the field by staking, flagging, or fencing a minimum 100-foot-wide buffer around them before the commencement of ground disturbing activities. No activity will occur within the buffer area, and worker awareness training and biological monitoring will be conducted to ensure that avoidance measures are being implemented.

If federally listed plants are detected within or adjacent to the Project area, additional avoidance and minimization measures, including measures that will avoid direct take of this species, will be developed in coordination with USFWS and DFW. In addition, if federally listed plants are detected within or adjacent to the Project area and complete avoidance is not possible, Reclamation will stop all construction activities that will have the potential to impact the species and reinitiate consultation with USFWS, and PLANTS-2 (Compensate for Loss of Special-Status Plants) from the PEIS/R will be implemented.

If federally listed plants are not detected within or adjacent to the Project area, additional avoidance, minimization, and compensation will not be required.

Riparian Habitat and Other Sensitive Natural

Communities

Avoid and Minimize Loss of Riparian Habitat and Other Sensitive Natural Communities.

Biological surveys have been conducted to identify, map, and quantify riparian and other sensitive habitats in potential construction areas. See Section 6.3.3 of the EIS/R. Construction activities will be avoided in areas containing sensitive natural communities, as appropriate.

Invasive Plants Implement the Invasive Vegetation Monitoring and Management Plan. Reclamation will implement the Invasive Vegetation Monitoring and Management Plan for the SJRRP (Appendix L of the PEIS/R), which includes measures to monitor, control, and where possible eradicate, invasive plant infestations during flow releases and construction activities.

The implementation of the Invasive Vegetation Monitoring and Management Plan (Appendix L of the PEIS/R) will include monitoring procedures, thresholds for management responses, success criteria, and adaptive management measures for controlling invasive plant species.

The control of invasive weeds and other recommended actions in the Invasive Vegetation Monitoring and Management Plan (Appendix L of the PEIS/R) will be consistent with recommendations in the Fish and Wildlife Coordination Act Report.

Blunt-Nosed Leopard Lizard Avoid and Minimize Effects to Species Within 1 year before the commencement of ground-disturbing activities protocol-level surveys will be conducted according to the Blunt-Nosed Leopard Lizard Survey Protocols for the San Joaquin River Restoration Program (U.S. Fish and Wildlife Service [USFWS] 2009) on lands identified as potentially suitable for blunt-nosed leopard lizard (Gambelia silus), which consist of annual grassland and elderberry savannah habitats on the south side of the San Joaquin River near the Chowchilla Bifurcation Structure. If blunt-nosed leopard lizard is not detected within the Project area, additional avoidance, minimization, and compensation for this species will not be required.

If blunt-nosed leopard lizard are detected within or adjacent to the Project area, additional avoidance and minimization measures, including measures that will avoid direct take of this species, will be developed in coordination with USFWS and DFW and implemented before ground-disturbing activities. Construction activities within blunt-nosed leopard lizard habitat will occur outside of the peak activity period (April to July). In addition, if blunt-nosed leopard lizard are detected within or adjacent to the Project area, Reclamation will stop all construction activities that will have the potential to impact the species and reinitiate consultation with USFWS, and BNLL-2 (Compensate for Loss of Habitat or Species) from the PEIS/R will be implemented.

Giant Garter Snake Avoid and Minimize Loss of Habitat for Giant Garter Snake. For work that would occur during the active season for giant garter snakes (Thamnophis gigas) (between May 1 and October 1), preconstruction surveys will be completed by a qualified biologist approved by USFWS and DFW within a 24-hour period before any ground disturbance of potential giant garter snake habitat. If ground-disturbing activities stop on the Project site for a period of 2 weeks or more, a new giant garter snake survey will be completed no more than 24 hours before the restart of ground-disturbing activities. Avoidance of suitable giant garter snake habitat, as defined by USFWS (USFWS 1999a) and DFW, will occur, where feasible, by demarcating and maintaining a 300-foot-wide buffer around these areas.

To the extent feasible, all activity involving disturbance of potential giant garter snake habitat will be restricted to the active season for giant garter snakes (between May 1 and October 1). For Project activities that cannot feasibly occur within this window, a cofferdam will be constructed in coordination with USFWS and work will be conducted in the dried area.

If cofferdam construction is infeasible, work will be conducted during one active season (May 1 to October 1) and the following inactive season. Exclusion fencing, and increased monitoring of wintering sites will occur in coordination with USFWS during this inactive period construction.

Construction will be minimized within 200 feet of banks of habitat, especially during the inactive period (Oct 2 to April 30) and movement of heavy equipment will be confined to existing roadways, to the extent feasible. Stockpiles and staging areas will be established more than 200 feet from the bank/edge of aquatic habitat.

Clearing will be confined to the contractor use area which will be considered the minimal area necessary to facilitate construction activities. Giant garter snake habitat within or adjacent to the Project will be flagged, staked, or fenced and designated as an Environmentally Sensitive Area.

No activity will occur within this area, to the extent feasible, and USFWS-approved worker awareness training and biological monitoring will be conducted to ensure that avoidance measures are being implemented.

Giant Garter Snake Exclusionary fencing with one-way exit funnels will be installed at least 1 month before activities to allow the species to passively leave the area and to prevent reentry into work zones, per USFWS and/or DFW guidance.

If a giant garter snake is found during construction activities, USFWS, DFW, and the Project’s biological monitor [Contracting Officer’s Representative] will immediately be notified. The biological monitor, or his/her assignee [Reclamation onsite construction representative], will stop construction in the vicinity of the find and allow the snake to leave on its own. The monitor will remain in the area for the remainder of the work day to ensure the snake is not harmed. Escape routes for giant garter snake will be determined in advance of construction and snakes will be allowed to leave on their own. If a giant garter snake does not leave on its own within 1 working day, USFWS will be consulted and actions will be coordinated with DFW.

All construction-related excavations will be covered to prevent entrapment of individuals. Where applicable, construction areas will be dewatered 2 weeks before the start of activities to allow giant garter snakes and their prey to move out of the area before any disturbance.

Any plugging or collapsing of small mammal burrows on levee structures within 200 feet of giant garter snake aquatic habitat will be done during the active season (between May 1 and October 1).

Prior to the action, the burrow entrance will be either fitted with a one-way door mechanism that would allow snakes to exit the burrow, but not re-enter, or the burrow would be thoroughly examined using an appropriate scoping system that could reach the fullest extent of the burrow.

Western Pond Turtle Avoid and Minimize Loss of Individuals. A qualified biologist will conduct surveys in aquatic habitats to be dewatered and/or filled during Project construction. Surveys will be conducted immediately after dewatering and before fill of aquatic habitat suitable for western pond turtles.

If western pond turtles (Actinemys marmorata) are found, the biologist will capture them and move them to nearby USFWS- and/or DFW-approved areas of suitable habitat that will not be disturbed by Project construction.

Least Bell’s Vireo Avoid and Minimize Effects to Species. Prior to ground disturbance, a qualified biologist will conduct surveys for least Bell’s vireo (Vireo bellii pusillus) in all riparian habitats within 500 feet of ground-disturbing activities at the start of the spring nesting season adhering to guidance offered in Least Bell’s Vireo Survey Guidelines (USFWS 2001).

If full protocol surveys cannot be implemented prior to initiation of ground-disturbing activities, the monitoring biologist approved by USFWS will be present for all activities within 500 feet of potentially suitable habitat. The monitoring biologist will perform a minimum of three focused surveys on three separate days prior to ground disturbance to determine the presence of least Bell’s vireo, nest building, egg incubation, or brood rearing activities within 500 feet of the project footprint. The surveys will begin a maximum of 7 days prior to project construction and one survey will be conducted the day before ground disturbance.

If any least Bell’s vireo are detected, Reclamation will postpone work within 500 feet of the location and contact USFWS within 24 hours. Upon notification, USFWS will discuss the best approach to avoid/minimize impacts to nesting least Bell’s vireo and a nest monitoring program acceptable to USFWS. Subsequent to these discussions, work may be initiated subject to implementation of the agreed upon avoidance/minimization approach and nest monitoring program.

In addition, if least Bell’s vireo are detected in the Project area, Reclamation will stop all construction activities that will have the potential to impact the species and reinitiate consultation with USFWS, and RNB-2 (Compensate for Loss of Habitat or Species) from the PEIS/R will be implemented.

Other Birds Protected by the Migratory Bird Treaty Act

Avoid and Minimize Effects to Species. Native nesting birds will be avoided by not conducting Project activity, including vegetation removal, during the typical breeding season (February 1 to September 15), if species covered under the Migratory Bird Treaty Act and Fish and Game Code sections 3503, 3503.5, and 3513 are determined to be nesting, to the extent feasible. Vegetation removal will be limited to the areas necessary for construction.

If Project-related activities must occur during the breeding season (February 1 through September 15) for birds protected by the Migratory Bird Treaty Act, surveys for active nests, including ground nesting birds, will be conducted by a qualified biologist no more than 30 days prior to commencing Project-related activities.

If active nests are identified a biological monitor will be on site when construction is occurring to monitor impacts to the nest. If necessary, buffers adequate to protect the nest will be established and activities that may disrupt nesting behavior will be avoided within the buffer until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival.

If a nest develops near ongoing construction activities after the activities were initiated a biological monitor will observe the nest and implement a buffer or limit activity near the nest to the degree necessary to prevent construction from negatively affecting the nest.

Fresno Kangaroo Rat Avoid and Minimize Effects to Species. Preconstruction surveys will be conducted by a USFWS-approved biologist to determine if potential burrows for Fresno kangaroo rat (Dipodomys nitratoides exilis) are present in the Project footprint in annual grassland and elderberry savannah identified as potential Fresno kangaroo rat habitat on the south side of the San Joaquin River near the Chowchilla Bifurcation Structure. Surveys will be conducted well in advance of ground-disturbing activities. The biologist will conduct burrow searches by systematically walking transects, which will be adjusted based on vegetation height and topography, and in coordination with USFWS and DFW. Transects will be used to identify the presence of kangaroo rat burrows. When burrows are found within 100 feet of the Project footprint, focused live trapping surveys will be conducted by a biologist permitted to handle Fresno kangaroo rat by both the USFWS and DFW, and following a USFWS and DFW approved trapping plan.

Fresno Kangaroo Rat If Fresno kangaroo rat are detected within or adjacent to the Project area, additional avoidance and minimization measures will be developed in coordination with USFWS and DFW, as appropriate, and construction activities will be conducted when they are least likely to affect the species (i.e., after the normal breeding season of December through September (Ahlborn 1999)). This timing will be coordinated with USFWS and DFW. In addition, if Fresno kangaroo rat are detected within or adjacent to the Project area, Reclamation will stop all construction activities that will have the potential to impact the species and reinitiate consultation with USFWS, and FKR-3 (Compensate for Loss of Habitat or Species) from the PEIS/R will be implemented.

If Fresno kangaroo rat are not detected within or adjacent to the Project area, additional avoidance, minimization, and compensation will not be required.

San Joaquin Kit Fox Avoid and Minimize Effects to Species. A qualified biologist will conduct preconstruction surveys in the Project area no less than 14 days and no more than 30 days before the commencement of ground-disturbing activities to identify potential dens more than 5 inches in diameter. Reclamation will implement USFWS’ Standardized Recommendations for Protection of San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 1999b). Reclamation will notify USFWS and DFW in writing of the results of the preconstruction survey within 30 days after these activities are completed.

If San Joaquin kit fox are detected within or adjacent to the Project area, additional avoidance and minimization measures, including measures that will avoid direct take of this species, will be developed in coordination with USFWS and DFW and implemented before ground disturbing-activities. If dens are located within the proposed work area, and cannot be avoided during construction activities, a USFWS-approved biologist will determine if the dens are occupied.

Reclamation will present the results of preactivity den searches within 5 days after these activities are completed and before the start of ground disturbing activities in the Project area.

Reclamation will notify USFWS and DFW immediately if a natal or pupping den is found in the survey area.

San Joaquin Kit Fox If San Joaquin kit fox are detected within or adjacent to the Project area, additional avoidance and minimization measures, including measures that will avoid direct take of this species, will be developed in coordination with USFWS and DFW and implemented before ground disturbing-activities. If dens are located within the proposed work area, and cannot be avoided during construction activities, a USFWS-approved biologist will determine if the dens are occupied.

Reclamation will present the results of preactivity den searches within 5 days after these activities are completed and before the start of ground disturbing activities in the Project area.

Reclamation will notify USFWS and DFW immediately if a natal or pupping den is found in the survey area.

If occupied dens are present within the proposed work area, their disturbance and destruction will be avoided, to the fullest extent possible. Exclusion zones will be implemented following the latest USFWS procedures and construction activities will be conducted when they are least likely to affect the species (i.e., after the normal breeding season of December to April (Ahlborn 2000)). This timing will be coordinated with USFWS and DFW. In addition, if San Joaquin kit fox are detected within or adjacent to the Action Area, Reclamation will stop all construction activities that will have the potential to impact the species and reinitiate consultation with USFWS, and SJKF-2 (Compensate for Loss of Habitat or Species) from the PEIS/R will be implemented.

If San Joaquin kit fox are not detected within or adjacent to the Project area, additional avoidance, minimization, and compensation will not be required.

USFWS Biological Opinion Discretionary Conservation

Recommendations

Sightings of any listed or sensitive animal species should be reported to the California Natural Diversity Database of the DFW. A copy of the reporting form and a topographic map or adequate aerial photograph clearly marked with the location the animals were observed also should be provided to USFWS.

Hydrology and Water Quality

Construction work will be conducted under the guidance of a stormwater pollution prevention plan as required by the Construction General Permit (Order No. 2009-0009-DWQ, as amended).

Hydrology and Water Quality

The SWPPP will set forth a BMP monitoring, maintenance, and reporting schedule and will identify the responsible entities during the construction and post-construction phases. Monitoring will include visual inspections of the BMPs, inspection for non-stormwater discharges, and visual inspection and/or sample collection of stormwater discharges. If monitoring results indicate that the discharge is above the turbidity Numeric Action Level (NAL) or outside the range of the pH NAL, a construction site and run-on evaluation will be conducted to determine the source of the pollutant and corrective actions will be immediately implemented if necessary.

Hydrology and Water Quality

The following construction BMPs will be implemented as general guidelines during construction when removing vegetation and/or maintaining existing woody vegetation, as applicable:

a) Minimize the removal of existing riparian and native vegetation to the maximum extent practicable.

b) Clearly mark or flag with construction tape areas containing protected vegetation in order to ensure these areas are not disturbed. Trees will be flagged and avoided during construction, when and where possible.

c) Preservation of existing vegetation will be provided prior to the start of clearing and grubbing operations or other soil disturbing activities in areas identified on the plan as those areas to be preserved. Where existing woody vegetation on the plans as being removed, no preservation activities will be required.

d) Mark areas to be preserved with temporary fencing, such as orange polypropylene that is stabilized against ultraviolet light and is at least 3 feet tall.

e) Fence posts will be wood or metal and the spacing and depth will be adequate to completely support the fence in an upright position.

f) Keep equipment away from trees to prevent trunk and root damage.

i. Construction materials, equipment storage, and parking areas will be located where they will not cause root compaction in trees to be retained.

ii. All workers will be instructed to honor protective devices. No heavy equipment, vehicular traffic, or storage piles of any construction material will be permitted within the dripline of any tree to be retained. No toxic or construction materials (including paint, acids, nails, gypsum board, chemicals, fuels, or lubricants) will be stored within 15 meters (50 feet) of the drip line of any retained trees, where feasible, nor disposed of in any way which would injure vegetation.

iii. Employ regular inspections and maintenance of erosion control features. Effect repairs promptly when deficiencies are found.