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HomeMy WebLinkAboutAttachmt 7 - Sec 4 Pgs 34-73 4.0 Environmental Analysis Topics Addressed in the DEIR This section of the DEIR identifies specific environmental areas which may be affected as a result of the implementation of the proposed Project. The impact areas are discussed individually in subsections 4.1 through 4.8: 4.1 Agricultural Resources 4.2 Air Quality 4.3 Biological Resources 4.4 Land Use 4.5 Population and Housing 4.6 Transportation and Circulation 4.7 Utilities and Public Services 4.8 Parks and Recreation Each topic area is covered in the following manner: A. Environmental Setting A discussion of existing conditions, facilities, services and general environmental conditions on and around the project sites. B. Impacts and Mitigation Measures from the Eastern Dublin EIR c. Supplemental Environmental Impacts An identification and evaluation of whether the potential impacts on the environment identified in the Initial Study, should the Project be constructed as proposed would result in a significant substantially increased manner beyond the analysis in the Eastern Dublin EIR based on the standards of significance set forth therein. D. Supplemental Mitigation Measures An identification of specific efforts and measures which can be incorporated into the Project to reduce identified supplemental environmental impacts to a level of insignificance. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 34 November 2004 4.1 Agricultural Resources Agricultural resources were analyzed in Chapter 3.1, Land Use, of the Eastern Dublin EIR. In 2000, the Cortese-Knox-Hertzberg Local Government Reorganization Act (AB 2838) extensively modified the state's annexation law. Among the modifications was a new definition of "prime" agricultural lands. This supplement to the Eastern Dublin EIR examines whether previously identified agricultural conversion impacts would be increased substantially under the recently enacted definition of prime agricultural lands. ENVIRONMENTAL SETTING The Eastern Dublin EIR contains a description of agricultural resources on and around the Project area at the time of certification. Agricultural and grazing uses historically predominated within the Project area and throughout the GP AI SP area. Urban development has commenced pursuant to the adopted GP AI SP on lands immediately east of the Project area and agricultural uses, including cattle grazing have recently ceased on the Project site. The Project site is currently fallow. There are no current Williamson Act Land Conservation Agreements within the Project area. The Alameda County Important Farmland Map (2000) designates the Project area as "Grazing Lands," with vegetation found on lands within this classification being suitable for grazing of livestock. Future development of the Project area would generally implement the land uses and densities approved for the area through the Eastern Dublin GP A/SP. As future implementing projects are approved and built, the current agricultural and undeveloped lands will convert to urban uses, as anticipated in the GP AI SP and analyzed in the Eastern Dublin EIR. IMPACTS AND MITIGATIONS FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR analyzed conversion of agricultural lands to urban uses, focusing on farmlands of local importance, prime agricultural lands, and lands subject to Williamson Act contract. Much of the Project area supports farmlands" of local importance" (see Figure 4.1-B). Farmlands "of local importance" are defined as those that contribute to local production of food, feed, fiber, forage and oilseed crops. The agricultural lands in the Project area are of local importance for grazing. Generally, areas of locally important farmland on the Project area occur in the flatter or gently sloped portions while lands designated as "Other" on Figure 3.1-B are located in the northern, steeper portions. "Other" soils include all soils not of local or statewide importance. The Eastern Dublin EIR also identified small amounts of prime agricultural land in the southern portion of the EDSP area (not on this Project site), based on the then- Dublin Ranch West Draft Supplemental EtR City of Dublin Page 35 November 2004 applicable definition (for annexation purposes) of "prime agricultural lands" contained in Section 56064 of the Cortese-Knox Act (Eastern Dublin EIR, response to comment 24- 3; Figure 3.1). No prime agricultural lands were identified on the Project site. Impact 3.1 I C identified discontinuation of agricultural uses as an insignificant impact due to urban development pressure and higher property tax rates, especially since many of the then property owners had filed notices of non-renewal for Williamson Act contracts. Impact 3.1/D assumed the complete loss of farmlands of local importance throughout the GP AI SP area, including the loss of prime agricultural lands. The Eastern Dublin EIR detennined that the loss of agricultural lands was not a significant impact because: 1) the area of prime farmland comprises a relatively small portion of a much larger area of non-prime farmland; 2) maintaining this land in agricultural uses would deter the orderly and efficient development of the area; 3) the area's conversion would not threaten any other prime farmland with urbanization; and 4) the area of prime agricultural soils already lie within the City's sphere of influence (Eastern Dublin EIR, response to comment 24-3.). The Final Eastern Dublin EIR, in response to a comment, acknowledged that the Cortese-Knox Act contains a different definition of "prime agricultural lands," which resulted in approximately 200 acres of "prime" lands in the GPA/EDSP area. (Eastern Dublin EIR, response to comment 24.3). Addressing conversion to urban uses more generally, the Eastern Dublin EIR noted that approximately one-half of the GP AI SP area agricultural activity would be lost to future development. Because 61% of Williamson Act lands already had filed for non-renewal and with the "relatively limited value of the non-prime soil," Impact 3.11 C identified discontinuation of agricultural uses as less than significant. Although finding GP AI SP- wide loss of agricultural lands less than significant, the Eastern Dublin EIR identified cumulative loss of agricultural and open space lands as a significant unavoidable impact. (Eastern Dublin EIR, response to comment 34-9, Impact 3.1/F.) Upon approval of the Eastern Dublin GP AI SP, the City adopted a Statement of Overriding Considerations for this impact (Appendix 8.4). SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The Cortese-Knox Act (Gov't. Code Sec 5600 et. seq.) governed annexations when the Eastern Dublin EIR was certified. The Act recently was amended by AB 2838 to, among other things, revise the definition of prime agricultural lands. Pursuant to the Initial Study for the annexation and prezoning Project, this supplement examines whether the revised definition of prime agricultural lands would result in more lands qualifying as prime than at the time of the Eastern Dublin EIR certification. Significance Criteria. Agricultural resource impacts would be significant if the Project would convert prime agricultural land to non-agricultural use or impair the productivity of prime agricultural land to a substantially greater degree than analyzed in the Eastern Dublin EIR. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 36 November 2004 Supplemental Impacts. No supplemental impacts are expected from the revised definition of prime agricultural lands. Under AB 2838, soils are considered prime agricultural land if they meet any of the following criteria: 1) NRCS rating of Class I or Oass II, if irrigated, provided irrigation is feasible 2) Storie Index rating of 80-100 3) Supports livestock used for food or fiber and has an annual carrying capacity of at least one animal-unit per acre 4) Planted with fruit or nut trees, or other unprocessed agricultural plant products with production of $400 I acre or more in the past five years Based on research performed by Berlogar Geotechnical Consultants, the Project area does not contain any Oass I or Oass II soils as identified in the "Soil Survey, Alameda Area, California" (March 1966), prepared by the U.5.D.A Soil Conservation Service. Based on site hydrogeological characteristics and local test well pumping results, irrigation of the Project area would not be feasible. Therefore, the first criterion would not be met. lnfonnation on Storie Index Rating for soils in the Dublin area are contained in the "Soil Survey, Alameda Area, California," issued by the USDA Soil Conservation Service in March of 1966. Based on this report, soils with the highest Storie Index Rating within the Project area is 49, which is less than the 80 Index Rating required to define prime agricultural soils. Therefore, the second criterion for prime agricultural soils would not be met. Although the Alameda County Important Farmland Map (2000) designates the Project area as "Grazing Lands," infonnation provided by two local cattle ranchers indicate that the carrying capacity of lands within the Project area is approximately 0.10 animal unit per acre, which is consistent with the general soil type, water resources and topography of the Eastern Dublin area. Therefore, the third criterion for prime agricultural soils would not be met. Regarding the fourth criterion, production of at least $400 per year within the past three of five years of unprocessed agricultural plant products, the site has not been planted in agricultural products within the past five years. Therefore, this last criteria for prime agricultural soils would not be met. The Project area does not contain any current Williamson Act Land Conservation Agreements. Based on the above information, the Project area does not met the criteria for prime agricultural soils as defined by AB 2838 (Section 56064 of the California Gov't. Code) and there would be no supplemental significant impacts regarding this topic. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 37 November 2004 4.2 AIR QUALITY INTRODUCTION Air quality impacts were analyzed in Chapter 3.11 of the Eastern Dublin EIR. This supplement to the EIR examines compliance with applicable significance thresholds, utilizes updated methods of analysis, and is based on current traffic forecasts that reflect changes in roadway improvements and travel patterns that have occurred since certification of the Eastern Dublin EIR. This supplement also examines changes in the regulatory standards since the previous EIR. This section of the DSEIR is based on a supplemental air quality analysis prepared by Donald Ballanti and included in Appendix 8.5. ENVIRONMENTAL SETTING The Project is within the Livermore-Amador Valley. The Livermore-Amador Valley forms a small subregional air basin distinct from the larger San Francisco Bay Area Air Basin. The Livermore-Amador Valley air basin is surrounded on all sides by high hills or mountains. Significant breaks in the hills surrounding the air basin are Niles Canyon and the San Ramon Valley, which extends northward into Contra Costa County. The terrain of the Livermore-Amador Valley influences both the climate and air pollution potential of the sub-regional air basin. As an inland, protected valley, the area has generally lighter winds and a higher frequency of calm conditions when compared to the greater Bay Area. The occurrence of episodes of high atmospheric stability, known as inversion conditions, severely limits the ability of the atmosphere to disperse pollutants vertically. Inversions occur during all seasons in the Bay Area, but are particularly prevalent in the summer months when they are present about 90% of the time in both morning and afternoon. According to the Bay Area Air Quality Management District, air pollution potential is high in the Livermore Valley, especially for ozone in the summer and fall (BAAQMD, 1999). High temperatures increase the potential for ozone, and the valley not only traps locally generated pollutants but also can be the receptor of ozone and ozone precursors from upwind portions of the greater Bay Area. Transport of pollutants also occurs between the Livermore Valley and the San Joaquin Valley to the east. During the winter, the sheltering effect of terrain and its inland location results in frequent surface-based inversions. Under these conditions, pollutants such as carbon monoxide from automobiles and particulate matter generated by fireplaces and agricultural burning can become concentrated. IMPACTS AND MITIGATIONS FROM THE EASTERN DUBLIN EIR The Eastern Dublin EIR identified significant impacts related to construction, mobile source and stationary source emissions (Impacts 3.111 A, B, C, E). Mitigation measures Dublin Ranch West Draft Supplemental EIR Page 38 City of Dublin November 2004 were adopted to control construction dust and exhaust emissions, and to minimize mobile and stationary source emissions through, among other things, cooperative transportation and air quality planning and transportation demand management. All mitigation measures adopted upon approval of the Eastern Dublin GP AI SP continue to apply to implementing actions and projects such as the proposed Project. Even with mitigation~ however, significant cumulative construction, mobile source and stationary source impacts remained. (Impacts 3.111 A, B, C, E). Upon approval of the Eastern Dublin GP AI SP, the City adopted a Statement of Overriding Considerations for these significant unavoidable impacts. (Resolution No. 53-93.) SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES The proposed General Plan and Specific Plan amendment would change land uses and development intensity from those analyzed in the Eastern Dublin EIR, although the daily traffic generation would be slightly less than assumed in the Eastern Dublin EIR (See Section 3.6, Transportation and Orculation). Since preparation of the Eastern Dublin EIR there have been several regulatory changes, methods for air quality analysis as well as changes to applicable thresholds of environmental significance. Pursuant to Guidelines Section 15162 and 15163, this supplement assesses whether new or intensified air quality impacts will result from increased regional traffic and changed regulatory standards. Changes to the Regulatory Setting Ambient Air Quality Standards. The federal and California ambient air quality standards are summarized in Table 3 for important pollutants. The federal and state ambient standards were developed independently with differing purposes and methods, although both federal and state standards are intended to avoid health-related effects. As a result, the federal and state standards differ in some cases. In general, the California state standards are more stringent. This is particularly true for ozone and PM1o. The US. Environmental Protection Agency established new national air quality standards for ground-level ozone and for fine particulate matter in 1997. The existing 1- hour ozone standard of 0.12 PPM microns or less) is to be phased out and replaced by an 8-hour standard of 0.08 PPM. Implementation of the 8-hour standard was delayed by litigation, but was determined to be valid and enforceable by the U. S. Supreme Court in a decision issued in February of 2001. However, the new federal ozone standard is not yet in effect pending final resolution of this litigation and adoption of implementing regulations. In 1997 new national standards for fine Particulate Matter (diameter 2.5 microns or less) were adopted for 24-hour and annual averaging periods. The current PMlO standards were to be retained, but the method and form for determining compliance with the standards were to be revised. Implementation of this standard was delayed by litigation Dublin Ranch West Draft Supplemental EIR City of Dublin Page 39 November 2004 and will not occur until the U. S. Environmental Protection Agency has issued court- approved guidance. The State of California regularly reviews scientific literature regarding the health effects and exposure to PM and other pollutants. On May 3, 2002, the California Air Resources Board (CARB) staff recommended lowering the level of the annual standard for PMlO and establishing a new annual standard for PM2.5 (particulate matter 2.5 micrometers in diameter and smaller). The new standards became effective on July 5,2003. Table 3. Federal and State Ambient Air Quality Standards Pollutant Averaging Federal State Time Primary Standard Standard Ozone I-Hour 0.12 ppm 0.09 ppm 8- Hour 0.08 ppm - Carbon Monoxide 8-Hour 9.0 ppm 9.0 ppm 1-Hour 35.0 ppm 20.0 ppm Nitrogen Dioxide Annual 0.05 ppm - I-Hour - 0.25 ppm Sulfur Dioxide Annual 0.03 ppm -- 24-Hour 0.14 ppm 0.05 ppm I-Hour - 0.25 ppm PMlO Annual 50 ug/m3 20 ug/m3 24-Hour 150 uf!../m 3 50 ug/m3 P1v12.5 Annual 15 ug/m3 12 ug/ m3 24-Hour 65 uf!../m3 - Lead 3D-Day A vg. - 1.5 ug/m3 3-Month A vg. 1.5 ug/m 3 - ppm = parts per million ug/m 3 = Micrograms per Cubic Meter Source: Donald Ballanti In addition to the criteria pollutants discussed above, Toxic Air Contaminants (TACs) are another group of pollutants of concern. Toxic Air Contaminants (TACs) are injurious in small quantities and are regulated despite the absence of criteria documents. The identification, regulation and monitoring of T ACs is relatively recent compared to that for criteria pollutants. Current Air Quality. The Project is within the nine-county Bay Area Air Basin. The Bay Area Air Quality Management District (BAAQMD) operates a network of air quality monitoring sites in the region. The closest to the site is located in central Livermore on Old First Street. Table 3 shows a summary of air quality data for this monitoring site for Dublin Ranch West Draft Supplemental EIR City of Dublin Page 40 November 2004 the period 2000-2002. Data are shown for ozone, carbon monoxide, PMlO, PM2.5, and nitrogen dioxide. The number of days exceeding each standard is shown for each year. Table 4 shows that concentrations of carbon monoxide and nitrogen dioxide at the Livermore monitoring site meet state/ federal standards. Ozone concentrations exceed both the state and federal standards, and exhibit wide variations from year-to-year related to meteorological conditions. Years where the summer months tend to be warmer than average tend to have higher average ozone concentrations while years with cooler than average temperatures tend to have lower average ozone concentrations. Table 4. Air Quality at Livermore Monitoring Site, 2000-2002 Pollutant Standard Days Standard Exceeded During: 2000 2001 2002 Ozone Federal 1- Hour 1 0 2 Ozone State 1-Hour 7 9 10 Ozone Federal 8- Hour 2 2 6 PMlO Federal 24-Hour 0 0 0 PMlO State 24-Hour 2 3 0 PM2.5 Federal 24- Hour 0 1 0 Carbon State I Federal 0 0 0 Monoxide 8-Hour Nitrogen State I-Hour 0 0 0 Dioxide Source: CARB,2003 Levels of PM10 at Livennore meet the federal ambient standards but exceed the more stringent state standards. PM2.5 emissions at the Livermore station exceeded state standards one day in 2001. Attainment Status. The federal Oean Air Act and the California Oean Air Act of 1988 require that the California Air Resources Board (CARE), based on air quality monitoring data, designate air basins within the state where the federal or state ambient air quality standards are not met as "non-attainment areas". Because of the differences between the federal and state standards, the designation of non-attainment areas is different under the federal and state legislation. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 41 November 2004 In 1995, after several years of minimal violations of the federal one-hour ozone standard, the U.S. Environmental Protection Agency (EP A) revised the designation of the Bay Area Air Basin from "non-attainment" to "attainment" for this standard. However, with less favorable meteorology in subsequent years, violations of the one-hour ozone standard again were observed in the basin, particularly at the Livermore monitoring station. Effective August 1998, the EP A downgraded the Bay Area's classification for this standard from a "maintenance" area to an "unclassified non-attainment" area. Also in 1998, after many years without violations of any carbon monoxide (CO) standards, the attainment status for CO was upgraded to "attainment." The California Air Resources Board and U. S. Environmental Protection Agency have both proposed that the San Francisco Bay Area be classified as a nonattainment area for the federal S-hour standard. The California Air Resources Board and U. S. Environmental Protection Agency have both proposed that the San Francisco Bay Area be considered unclassifiable with respect to the federal PM2.5 standards. Unclassifiable means that an area cannot be classified on the basis of available information as meeting or not meeting the national primary or secondary ambient air quality standard for the pollutant. U.s. EP A plans to finalize PM2.5 designations by December 15, 2004. The San Francisco Bay Area Air Basin is currently non-attainment for ozone (state and federal standards) and PM 10 (state ambient standard). However, in April 2004, the U.S. EP A made a final finding that the Bay area has attained the national one-hour standard. The finding of attainment does not mean the Bay area has been reclassified as an attainment area for the 1-hour standard. The region must submit a redesignation request to the EP A in order to be reclassified as an attainment area. While air quality plans exist for ozone, none exists (or is currently required) for PMlO' The Revised San Francisco Bay Area Ozone Attažnment Plan for the i-Hour National Ozone Standard (BAAQMD, 2001) is the current ozone air quality plan required under the federal Clean Air Act. The state-mandated regional air quality plan is the Bay Area 2000 Clean Air Plan (BAAQMD, 2000). These plans contain mobile source controls, stationary source controls and transportation control measures to be implemented in the region to attain the state and federal ozone standards within the Bay Area Air Basin. BAAQMD CEQA Guidelines. The document BAAQMD CEQA Guidelines was published subsequent to the publication of the East Dublin EIR. These Guidelines provide recommended mitigation practices during construction based on the size of the Project and expanded recommended mitigations for operational impacts of commercial projects. Significance criteria. The BAAQMD has revised recommended thresholds of significance since publication of the East Dublin EIR (BAAQMD, 1999). The document BAAQMD CEQA Guidelines establishes the following impact criteria: · A significant impact on local air quality is defined as an increase in carbon monoxide concentrations that causes a violation of the most stringent ambient air quality standard for carbon monoxide (20 ppm for the one-hour averaging period, 9.0 ppm for the eight-hour averaging period). Dublin Ranch West Draft Supplemental EIR Page 42 City of Dublin November 2004 · A significant impact on regional air quality is defined as an increase in emissions of an ozone precursor or PMlO exceeding the BAAQMD thresholds of significance. The current significance thresholds are 80 pounds per day (or 15 tons I year) for ozone precursors or PM 10, · Any proposed project that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. · Any project with the potential to frequently expose members of the public to objectionable odors would be deemed to have a significant impact. Despite the establishment of both federal and state standards for PM2.5 (particulate matter, 2.5 microns), the BAAQMD has not developed a threshold of significance for this pollutant. For this analysis, PM2.5 impacts would be considered significant if project emissions of PMlO exceed 80 pounds per day. The current BAAQMD significance threshold for construction dust impact is based on the appropriateness of construction dust controls. The BAAQMD guidelines provide feasible control measures for construction emission of PMlO' If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less-than-significant. Supplemental Impacts and Mitigation Measures. The following supplemental air quality impacts and mitigation measures are identified in this DSEIR. Supplemental Impact AO-1. Construction activities would have the potential to cause nuisance related to dust and PM10' The current BAAQMD significance threshold for construction dust impact is based on the appropriateness of construction dust controls. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less-than-significant. Mitigation Measure:MM 3.11/1.0 in the East Dublin EIR implements most, but not all, of the currently recommended measures. Supplemental Mitigation SM-AO-1. In addition to measures identified in Mitigation Measure 3.11/1.0 of the East Dublin EIR, the City of Dublin shall: a) Require construction contractors to water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind. b) Require construction contractors to sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. According the current BAAQMD CEQA guidelines, implementation of these mitigation measures would reduce construction period air quality impacts to a less-than-significant level. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 43 November 2004 Supplemental Impact AO-2. The Project would result in a regional emission increase that would exceed the BAAQMD significance thresholds for ozone precursors. Vehicle trips generated by the Project would result in air pollutant emissions affecting the entire San Francisco Bay Air Basin. Regional emissions associated with Project vehicle use have been calculated using the URBEMIS-2002 emission model. The incremental daily emission increase associated with Project operational trip generation is identified in Table 5 for reactive organic gases and oxides of rutrogen (two precursors of ozone) and PMlO' Also shown is the emission increase under the existing Specific Plan designations. The Bay Area Air Quality Management District's thresholds of significance for these pollutants are also shown. Proposed Project emissions shown in Table 4 would exceed these thresholds of significance for ROG and NOXl so the proposed Project would have a significant effect on regional ozone air quality. Table 5. Project Regional Emissions in Pounds Per Day Reactive Nitrogen PM10 Organic Oxides Gases Project 116.9 116.6 89.9 Development under 109.5 102.9 78.9 Existing Specific Plan BAAQMD Significance 80.0 80.0 80.0 Threshold Source: Donald Ballanti, 2004 Supplemental Mitigation SM-AO-2. In addition to measures identified in MM 3.11/5.0-11.0 of the East Dublin EIR, the City of Dublin shall require that the following be implemented: a) The Project proponent should coordinate with LA VTA for the eventual extension of transit service to the Project site. The Project proponent should construct or reserve necessary right-of-way for transit facilities such as bus tumouts/bus bulbs, benches, etc. b) Provide bicycle land and/or paths, connected to community-wide network. c) Provide sidewalks and/or paths, connected to adjacent land uses, transit stops, and/or community-wide network. d) Consider shuttle service to regional transit system or multimodal center. e) Consider providing a satellite telecommute center for Project residents if this is feasible in terms of a convenient location. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 44 November 2004 f) Provide interconnected street network, with a regular grid or similar interconnected street pattern. Implementation of the mitigation measures in the Eastern Dublin EIR (Mitigation Measures 3.11/5.0-11.0 together with the above measures will not achieve the more than 30% reduction in Project-related emissions that would be needed to reduce emissions below the BAAQ:MD thresholds of significance. Ozone air quality impacts will remain significant and unavoidable. Supplemental Impact AO-3. Project-related regional emissions would exceed the BAAQMD thresholds of significance for ozone precursors, resulting in a significant and unavoidable cumulative impact According to BAAQMD significance criteria, any proposed Project that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. Since the proposed Project, after mitigation, would exceed the BAAQMD thresholds of significance for Reactive Organic Gases and Nitrogen Oxides, the Project would continue to have a significant unavoidable cumulative impact on regional air quality. Supplemental Mitigation Measure SM-AQ-3. Same as Supplemental Mitigation AQ-2. Supplemental Impact AQ-4. The Project would change traffic volumes and congestion levels, changing carbon monoxide concentrations. This is a less-than-significant impact On the local scale, the Project would change traffic on the local street network (see Section 4.6, Transportation and Circulation), changing carbon monoxide levels along roadways used by Project traffic. Carbon monoxide is an odorless, colorless poisonous gas whose primary source in the Bay Area is automobiles. Concentrations of this gas are highest near intersections of major roads. New vehicle trips add to carbon monoxide concentrations near streets providing access to the site. The Bay Area Air Quality Management District's BAAQMD CEQA Guidelines recommends estimation of carbon monoxide concentrations for projects where project traffic would impact intersections or roadway links operating at Level of Service D, E, or F or would cause Level of Service to decline to D, E, or F. The analysis of intersection Level of Service (LOS) prepared for the Project found that, of the 19 existing intersections studied, none would operate at LOS D or worse after addition of Project traffic in either the AM or PM peak traffic hour. Therefore, the BAAQMD threshold trigger level for estimating carbon monoxide modeling of concentrations would not be exceeded. Considering that the proposed Project is in an attainment area for carbon monoxide (the state and federal ambient standards are met), that Dublin has relatively low background levels of carbon monoxide compared to other parts of the Bay Area and Dublin Ranch West Draft Supplemental EIR Page 45 City of Dublin November 2004 that Levels of Service at intersections affected by Project traffic would remain acceptable (see Section 4.6, Transportation and Circulation), the conclusion of the East Dublin EIR that the Project would have a less-than-significant supplemental impact on local carbon monoxide concentrations is confirmed. Dublin Ranch West Draft Supplemental ErR City of Dublin Page 46 November 2004 4.3 BIOLOGICAL RESOURCES This section provides information on the biological resources within the boundaries and in the vicinity of the Dublin Ranch West area. Biological resources were analyzed in Chapter 3.7 of the 1993 Eastern Dublin EIR, a program EIR for the Eastern Dublin Specific Plan area. The Project applicant has proposed land use changes for the Project area from that proposed in the Specific Plan, and the City of Dublin has determined a Supplemental EIR is necessary. The purpose of this section is to supplement the 1993 Eastern Dublin Specific Plan EIR, with respect to the proposed Project, and to update information regarding special status plant and wildlife species, sensitive habitats, and any regulatory changes that may have occurred since approval of the 1993 EIR. The biological resources found on the Dublin Ranch West site have been studied in depth by H.T Harvey and Associates (H.T. Harvey and Associates, Ine. (HTH), 2002). This section updates species and regulatory information from recent studies on the Project site, and provides an analysis of impacts and mitigation measures specific to the Project. ENVIRONMENTAL SETTING General Project Area Characteristics The proposed Project area includes 81.7 acres of open space. Approximately 60 acres of this open space are located within the Tassajara Creek Management Zone (TCMZ) and within a private open space area between the development area and the TCMZ. There are approximately 23 acres of additional open space along the western property boundary (see Exhibit 13, Tassajara Creek Conservation Area). The preserved biological resources within the TCMZ will be managed according to the Tassajara Creek Conservation Area Management Plan. The Project area is located just west of Tassajara Road in the Tassajara Creek Watershed. The Project site lies primarily within the Livermore u.s. Geological Survey quadrangle map and is dominated by the flat valley floor and moderately sloped hillsides forming the Tassajara Valley. Elevations range from approximately 400 feet on the Tassajara Valley floor, to approximately 700 feet in the hills in the northwest corner of the site. The portions of the Project area has been used for cattle grazing, and several ranch buildings exist along the east side of Tassajara Creek. Adjacent land uses include the Parks Reserve Forces Training Area (RFTA) along the Project area's western boundary, Tassajara Creek Regional Park to the south, and residential development (existing and currently under construction) consisting of a few homes and other outbuildings north and east of the Project area (H.T. Harvey & Associates 2002). Project Area Habitat Types and Locations. The Project area, consisting of the development area and the approximately 23-acre western open space area, is Dublin Ranch West Draft Supplemental EIR City of Dublin Page 47 November 2004 dominated by non-native grassland (approximately 133 acres), with small areas of developed lands (approximately 1.0 acre), riparian woodland (approximately 0.4 acre), and other aquatic habitat (approximately 0.1 acre). A substantial amount of riparian woodland (approximately 15 acres) exists within the TCMZ, and the adjacent private open space area consists mostly of non-native grassland habitat with some riparian habitat (HTH 2002). Only riparian vegetation and aquatic habitat associated with the two proposed bridge crossings have been addressed. Non-native Grassland. The majority of the Project area is dominated by non-native grassland that has been historically, and has been used for livestock grazing. This habitat type is common in California and is the result of human alteration of California's perennial grasslands through fire suppression, grazing, and introduction of exotic annual grasses and weed species. Introduced annuals common to the site and this habitat type include wild oat (Avena spp.), ripgut brome (Bromus diandrus), and yellow starthistle (Centaurea solstitialis). A number of species adapted to more alkaline conditions also exist in scattered populations throughout the site including salt grass (Distichlis spicata) and the special status plant Congdon's tarplant (Centromadia parryi ssp. congdonii). A number of wildlife species are associated with annual grasslands in eastern Alameda County and are expected to use the Project site. Mammals that breed and burrow in this habitat type include the California ground squirrel (Spermophilus beecheyi), pocket gopher (Thomomys bottae), California vole (Microtus californicus), black-tailed hare (Lepus californicus) and California meadow mouse (Microtus californieus califomicus). These species provide an important prey base for raptors and predatory mammals including the American badger (Taxidea taxus), red fox (Vulpes vulpes), coyote (Canus latrans), and grey fox (Urocyon cinereoargenteus). Avian species that breed or forage in this type of annual grassland include the western meadowlark (Stumella neglecta), savannah sparrow (Passerculus sandwichensis), burrowing owl (Athene cunicularia), barn owl (Tyto alba), golden eagle (Aquila chrysaetos), and red-tailed hawk (Buteo jamaicensis). Reptile species common to annual grassland habitats include the western fence lizard (Sceloporus occidentaIis) and gopher snake (Pituophis melanoleucus). In addition, amphibian species including the California red-legged frog (Rana aurora draytonii) and California tiger salamander (Ambystoma californiense) can utilize annual grasslands for upland and migratory habitat. Riparian Woodland. Riparian woodland exists along Tassajara Creek within the Project area. This includes only riparian woodland that is not under protection of the TCMZ, and could be impacted by the construction of two bridges spanning Tassajara Creek. Valley oak (Quercuslobata), box elder (Acer negundo), and willows (Salix spp.) dominate the overstory of this woodland and reach heights up to approximately 50 feet. The understory includes non-native grasses, and riparian species in the creek bed include willows, cattail (Typha spp.), and bulrush (Scirpus acutus). The creek lies 20-50 feet below the surrounding lands in a deeply incised channel with bluff-like banks. In some locations this channel reaches widths greater than approximately 300 feet. The riparian woodland within the Project area and along Tassajara Creek in the TCMZ provides abundant habitat for a diverse range of wildlife species. Many resident and Dublin Ranch West Draft Supplemental EIR Page 48 City of Dublin November 2004 migrant avian species, mammals, and riparian and aquatic associated species would be expected along this corridor. Dense brush provides cover for species migrating through this area, and tree canopies provide habitat for nesting and wintering species. Common avian species include the chestnut-backed chickadee (Poecile rufescens), oak titmouse (Baeolophus inornatus), bushtit (PsaItriparus minimus), song sparrow (Melospiza melodia), woodpeckers (Picoides sp.), towhees (Pipilo sp.), and mourning dove (Zenaida macroura). Neotropical migrants may also be found in this riparian woodland during spring and fall months (including warblers, vireos, and flycatchers), and winter migrants include the ruby-crowned kinglet (Regulus calendula) and Townsend's warbler (Dendroica townsendii). Several species of raptors would be likely to nest in this area due to the proximity to foraging habitat and presence of large trees. Amphibian and reptile species including the pacific tree frog (Hyla regilla), western toad (Bufo borealis), California red- legged frog, common garter snake (Tlwmnophis sirtalis), and alligator lizard (Elgaria muIticarinata) are also likely to be found along the riparian corridor. Developed. A number of ranch-related structures including a trailer, barn, and several homes exist between Tassajara Road and Tassajara Creek. Vegetation in this area is sparse, located between structures, and dominated by ripgut brome and other exotic annuals such as yellow starthistle, and Russian thistle (Salsola tragus). In addition, a number of large eucalyptus trees (Eucalyptus globulus) are growing around the developed portions of the site. Wildlife species associated with developed areas include city pigeons (rock pigeon, Columba Livia), house sparrow (Passer domesticus), house mice (Mus musculus), and other species adapted to human structures and disturbance. The eucalyptus trees provide potential nesting habitat for rap tors, and day roosting sites for barn owls. Aquatic Habitat. The aquatic habitat within Tassajara Creek consists of areas of seasonal and perennial open water, as well as wetland areas vegetated by aquatic plants and emergent vegetation along the margins of the creek. A report identifying Waters of the U.s. on the Wallis Property (HTH 2000) identified wetlands along Tassajara Creek near the proposed southern bridge crossing and along the tributary waters of Tassajara Creek, both above and below the ordinary high water mark (OHW) (H.T. Harvey & Associates 2002). The report also identified a single isolated seasonal wetland within the 11.6-acre area located in Contra Costa County, north and outside of the Dublin Ranch West area boundary. Few aquatic plants are found in the shaded portions of the aquatic habitat, but areas exposed to sun are generally occupied by algae and mosquito fern (Azolla fi1iculoides) (H.T. Harvey & Associates 2002). Portions of Tassajara Creek that flow more slowly, such as near the proposed southern crossing, support emergent wetland vegetation such as cattails and hard-stem bulrush. Other wetland plant species observed in vegetated portions of the aquatic habitat include mugwort (Arternesia douglasiana), watercress (Rorippa nasturtium-aquatica), salt grass, rabbit's-foot grass (Polypogon monspeliensis), and iris-leaved rush Uuncus xiphioides) (2002). Tassajara Creek provides breeding habitat for a number of amphibian species and probably supports an assemblage of freshwater fish including mosquito fish (Gambusia affinis), California roach (Lavinia symmetricus), bluegill (Lepomis macrochirus), and three- spine stickleback (Gasterosteus aculeatus). Amphibian species that may use Tassajara Dublin Ranch West Draft Supplemental EIR Page 49 City of Dublin November 2004 Creek as a breeding location include the pacific tree-frog, western toad, California red- legged frog, and California tiger salamander. In addition, western pond turtle (Clemmys marmorata) is found within Tassajara Creek. Special Status Species and Habitats . Wetlands Research Associates, Inc. (VVRA) biologists conducted a literature review including database searches for known occurrences of special status species and habitats in the greater Dublin area. The following sources were reviewed to determine which special status plant and wildlife species have been documented to occur in the vicinity of the Project area: · California Natural Diversity Database (CNDDB) records (CDFG 2004) for the Livermore 7.5 minute USGS quadrangle and the eight surrounding USGS quadrangles · U. S. Fish and Wildlife Service (USFWS) Quadrangle Species Lists (USFWS 2004) for the Livermore quadrangle · CNPS Electronic Inventory records (CNPS 2004) for the Livermore 7.5 minute USGS quadrangle and the eight surrounding USGS quadrangles, as well as for CNPS List 4 species in Alameda County · California Department of Fish and Game (CDFG) publication "California's Wildlife, Volumes I-ill" (Zeiner et al. 1990) · CDFG publication" Amphibians and Reptile Species of Special Concern in California" Gennings and Hayes 1994) WRA biologists conducted a site visit to evaluate the habitat conditions present within the Project area and to determine the potential for special status species and I or habitats to occur on-site. In addition, the following reports p were reviewed and, where appropriate, incorporated herein: · Dublin Ranch West Biological Resources Report (2002) · California Tiger Salamander 2003-2004 Site-Specific Pitfall Trap Survey Summary (2004) · Dublin Ranch West Rare Plant Surveys Report (Summer 2002-Summer 2003) (2003b) Based on an analysis of the above information, special status plants and wildlife known to occur, or with potential to occur, in the Project area are described below and summarized in Table 6. Special Status Species: Botanical. The Eastern Dublin EIR (1993) evaluated 12 special status plant species: large-flowered fiddleneck (Amsinckia grandiflora), hispid bird's beak (Cordylanthus moWs ssp. hispidus), palmate-bracted bird's-beak (Cordylanthus palmatus), Hoover's cryptantha (Cryptantha hooveri), Mt. Diablo buckwheat (Eriogonum truncatum), diamond-petaled California poppy (Eschscholzia rhombipetala), stinkbells (Fritillaria agrestis), fragrant fritillary (Fritillaria liliacea), Great Valley gumplant (Grindelia camporum var. parviflora), Contra Costa goldfields (Lasthenia conjugens), Lobb's aquatic buttercup (Ranunculus lobii), and caper-fruited tropidocarpum (Tropidocarpum capparideum). Of Dublin Ranch West Draft Supplemental EIR Page 50 City of Dublin November 2004 those 12 species, the great valley gumplant is no longer listed as a California Native Plant Society (CNPS) rare plant species and is therefore not considered in this Supplement. In their 2002 Biological Resources Report, H.T. Harvey & Associates concluded that the Dublin Ranch West area had the potential to support 15 special status plant species: large-flowered fiddleneck (Amsinkia grandifIora), bent-flowered fiddleneck (Amsinckia lunaris), alkali milk vetch (Astragalus tener var. tener), heartscale (Atriplex cordulata), brittlescale (Atriplex depressa), San Joaquin spearscale (Atriplex joaquiniana), big-scale balsamroot (Balsamorhiza macrolepis var. macrolepis), big tarplant (Blepharizonia plumosa ssp. plumosa), Congdon's tarplant (Centromadia parryi ssp. congdoniz), Livermore tarplant (Deinandra bacigalupii), recurved larkspur (Delphinium recuroatum), diamond-petaled California poppy, Diablo helianthella (Helianthella castanea), showy madia (Madia radiata), and adobe sanicle (Sanicula maritima). Surveys were conducted by HTH in June 2001, September 2002 and in March, April and May 2003 to determine the presence or absence of these 15 plant species on the Dublin Ranch West site (HTH 2003b). Only one special status plant species, Congdon's tarplant (a Federal Species of Concern, and a CNPS List IB species), was found within the Dublin Ranch West area; approximately 3,000 individuals were observed along both sides of Tassajara Creek (predominantly east of the creek) in alkaline grassland areas (H.T. Harvey & Associates 2002). This species, not included in the 1993 Eastern Dublin EIR, is described in further detail below. Table 6 shows 29 special status plant species that have at least some potential to occur within the Project area. This table includes 11 of the12 species identified in the 1993 Eastern Dublin EIR, with the exception of great valley gumplant (no longer listed), plus an additional 18 species that have some potential to occur in the Dublin Ranch West area. Surveys conducted previously by HTH were timed to occur within the blooming periods of all of these 29 species and only one special status plant species was reported to occur on-site as a result of these surveys (Congdon's tarplant) (HTH 2003b). Congdon's tarplant. Congdon's tarplant is an annual herb that grows in valley and foothill grasslands throughout the greater Bay Area and coastal California, from San Luis Obispo County north to Solano County. It is a federal species of concern and is on CNPS List IB (plants that are endangered, threatened, or rare in California). Protocol- level, blooming period surveys for Congdon's tarplant were conducted by H.T Harvey and Associates in June, 2001, and September, 2002. An estimated 500 plants occupying approximately four acres were located (see Exhibit 14) south of the homestead area in the southern portion of the site (HTH, 2002). An additional estimated 2,500 plants, occupying approximately five acres, were located in a series of gullies between Tassajara Creek and Tassajara Road that drain into Tassajara Creek, north of the homestead area (HTH, 2002). Three additional small patches of Congdon's tarplant were observed west of Tassajara Creek, together consisting of approximately 100 individuals (HTH, 2003). Sensitive Plant Communities and Habitats. Natural communities considered sensitive are those identified in local or regional plans, policies, regulations, or by CDFG. CDFG ranks sensitive communities as 'threatened' or 'very threatened' and keeps records of their occurrences in its Natural Diversity Database (CNDDB). Impacts to sensitive Dublin Ranch West Draft Supplemental EIR Page 51 City of Dublin November 2004 natural communities identified in local or regional plans, policies, regulations, or by the CDFG or USFWS must be considered and evaluated under the California Environmental Quality Act (California Code of Regulations: Title 14, Div. 6, Chap. 3, Appendix G). Some plant communities and habitats, such as wetlands and riparian habitat, are also afforded protection under applicable federal, state, or local regulations, and are generally subject to regulation, protection, or consideration by the Corps, Regional Water Quality Control Board (RWQCB), CDFG, and I or the USFWS. Based on the CNDDB search for the Livermore USGS quadrangle and eight surrounding quadrangles, seven sensitive plant communities (or habitats) were reported as occurring in the Project area vicinity: Alkali Meadow, Alkali Seep, Cismontane Alkali Marsh, Northern Oaypan Vernal Pool, Sycamore Alluvial Woodland, Valley Needlegrass Grassland, and Valley Sink Scrub. None of these sensitive plant communities were determined to be present within or adjacent to the Dublin Ranch West area, as the plant species composition and other features (such as soil type or level of soil moisture) of the plant communities observed on-site did not adequately match the descriptions of these seven sensitive communities as given in the Preliminary Descriptions of the Terrestrial Natural Communities of California (Holland 1986). However, the Riparian Woodland and Aquatic Habitat within the Dublin Ranch West area are considered sensitive habitats as they are regulated by federal and state agencies, including CDFG, the Corps, and the RWQCB. Special Status Species: Wildlife. The Eastern Dublin EIR (1993) evaluated 27 special-status wildlife species. Fifteen of these species still have state or federal special status, as identified in Table 6. Nine of these species no longer have state or federal special status, or there is no suitable habitat in the Dublin Ranch West area. These nine species include American badger, Ricksecker's water scavenger beetle, curved-foot hygrotus diving beetle, bay checkerspot butterfly, Callippe silverspot butterfly, Bridges' coast range shoulderband, San Francisco forktail damselfly, Lum's micro-blind harvestman and California linderiella. In addition to the 27 special status wildlife species addressed in the Eastern Dublin EIR, another 34 special status species were reviewed based on the recent literature review conducted by WRA. Table 6 provides the current listing status, species description, and potential for occurrence for all 61 special status wildlife species, including the 27 species addressed in the 1993 Eastern Dublin EIR. Of these species, six are known to occur on site, and another 11 have a moderate or high potential for occurrence. These species are discussed in greater detail below. The Project area has been surveyed for speåal status wildlife speåes by both HTH (2002, 2004), and other consulting companies (San Joaquin Kit Fox, Vulpes macrotis mutica, surveys by BioSystems Analysis, Inc. cited by H.T. Harvey). HTH (2002) reports three separate surveys (using three different agency protocols) for San Joaquin kit fox, four surveys for special-status reptile and amphibian species (including California red- legged frog and western pond turtle) from 1993-2001, a protocol-level California tiger salamander survey in 2003-2004, a protocol-level burrowing owl survey in 2001, and a reconnaissance-level loggerhead shrike, California horned lark, yellow warbler, pallid bat, American badger, and nesting raptor survey in 2001. The results of these surveys are discussed in more depth for specific species below. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 52 November 2004 Threatened and Endangered Wildlife Species California Red-Legged Frog (Rana aurora draytonži). California red-legged frog (CRLF) can use virtually any aquatic system with a permanent water source for breeding habitat, regardless of vegetation cover characteristics. CRLF often disperse from their breeding habitat to utilize various aquatic, riparian, and upland aestivation habitats in the summer. However, it is also common for individuals to remain in the breeding area on a year-round basis. CRLF can be encountered living within streams at distances exceeding 1.8 miles from the breeding site and have been found further than 328 feet from water in adjacent dense riparian vegetation, but they typically remain within 200 feet of water. During periods of wet weather, CRLF can move overland, usually at night. Movements of about one mile are possible over the course of a wet season. Frogs will make long-distance straight-line and point-to-point movements rather than using corridors for moving between habitats. Also, frogs can move without apparent regard to topography, vegetation type, or riparian corridors. The Eastern Dublin EIR identified increased sedimentation, increased vehicular traffic, reduction of potential habitat, introduced predators (dogs and cats associated with residential development), and direct mortality from construction as potentially significant impacts to CRLF populations (lM 3.7 IF). Since approval of the 1993 Eastern Dublin EIR, the CRLF has been listed as a threatened species under the federal Endangered Species Act, and critical habitat was designated, and later remanded. The Project area is included in the USFWS re-proposed Critical Habitat (69 FR 19619, April 13, 2004). According to the critical habitat rule, CRLF critical habitat includes: (1) "essential aquatic habitat," which consists of two or more suitable aquatic breeding sites located within 1.25 miles of each other; (2) "associated upland," which consists of upland areas within 300 feet of essential aquatic habitat; and (3) "dispersal habitat," which consists of any habitat connecting essential aquatic habitat locations that is free of physical or other barriers and is at least 300 feet wide (Federal Register, March 13, 2001). HTH (2002) found California red-legged frogs in a number of locations along Tassajara Creek, and concluded that the primary constituent elements of CRLF critical habitat (aquatic habitat, associated upland habitat, and dispersal habitat connecting aquatic habitat) are present on or adjacent to the Dublin Ranch West area. In addition, HTH relocated a number of CRLF from elsewhere on the Dublin Ranch West portion of the Project site into Tassajara Creek, in anticipation of management as part of the Tassajara Creek Management Zone. The Tassajara Creek Management Zone refers to a portion of the Dublin Ranch West area, not included in the project area, which will be managed for the preservation and enhancement of wildlife habitat. CRLF are known to occur within dispersal distance of Tassajara Creek both east of the Dublin Ranch West area along the Moller tributary to Tassajara Creek a.Dreier, pers. comm.), and to the west of the Dublin Ranch West area (CNDDB 2004). HTH (2002) hypothesized that most CRLF movement and activity would take place within the Dublin Ranch West Draft Supplemental EIR Page 53 City of Dublin November 2004 deeply incised banks of Tassajara Creek, due to limited CRLF access points in and out of the drainage. However, dispersal between the Dublin Ranch West area and two off-site ponds to the west is considered possible from points along Tassajara Creek where the banks are more gradual. The two off-site ponds have been documented to support CRLF (CDFG 2004) and are within 1.25 miles of Tassajara Creek, which is the minimum distance given in the critical habitat rule that is required between two breeding sites for dispersal habitat to be considered present. See Exhibit 15, California red-legged frog habitat on the Project site. San Joaquin Kit Fox (Vulpes macrotžs mutica). San Joaquin kit fox (SJKF) inhabit grasslands and scrublands, many of which have been extensively modified by humans. Their diet consists of small mammals, ground-nesting birds, insects, and vegetation (primarily grass). S]KF construct dens in loose soil for housing and protection and can also enlarge or modify burrows constructed by other animals or den in human-made structures, such as culverts, abandoned pipes, and banks in roadbeds. Prior to 1930, SJKF inhabited most of the San Joaquin Valley from southern Kern County north to eastern Contra Costa County and eastern Stanislaus County. By 1930 the S]KF range had been reduced by more than half, with the largest remaining portion being in the western and southern portions of the Valley. The kit fox population is fragmented, particularly in the northern part of the range. While there is limited historical information on kit fox populations in eastern Alameda County, recent field surveys have located a number of kit foxes in eastern Alameda County (CNDDB 2004). A number of potentially significant impacts to S]KF populations were identified in the 1993 Eastern Dublin EIR including direct mortality from increased traffic, potential adverse affects of domestic dogs, harm from rodent control poisons, reduction in the availability of prey species and den sites, and the destruction of den sites or mortailty of foxes during construction (IM3.7/D). Since certification of the Eastern Dublin EIR, the USFWS has updated its recommendations for survey protocols and protection measures (USFWS 1997 and 1999). A number of surveys for kit fox have been conducted in the Eastern Dublin area (H.T. Harvey & Associates 1997a) and the adjacent North Livermore Valley (H.T. Harvey & Associates 1997b). None of these surveys detected kit fox with the exception of a single kit fox detected on two separate nights while spotlighting approximately six miles east and five miles north of the Dublin Ranch West area in Contra Costa County on Morgan Territory Road. Despite more intense efforts to detect kit fox in the Eastern Dublin and North Livermore Valley areas since 1997, none has been detected. Based on negative results within the Eastern Dublin area and the surrounding areas, kit fox appear to be absent from the Eastern Dublin area (see analysis presented in H.T. Harvey & Associates 1997c). Alameda Whipsnake (Masticophus lateralis euryxanthus). Alameda whipsnake is a slender, fast-moving, diurnal snake with a broad head, large eyes, and slender neck found primarily in areas that support scrub communities, including mixed chaparral, chamise-redshank chaparral, coastal scrub, and annual grassland and oak woodlands that lie adjacent to scrub habitats. Within these plant communities, specific habitat features needed by whipsnakes include, but are not limited to, small mammal burrows, Dublin Ranch West Draft Supplemental EIR Page 54 City of Dublin November 2004 rock outcrops, talus, and other forms of cover to provide temperature regulation, shelter from predators, egg laying sites, and winter hibernaculum. Many of these same elements are important in maintaining prey species. The Eastern Dublin EIR identified impacts to Alameda whipsnake as less than significant due to the lack of suitable habitat (lM 3.71 E). Since certification of the Eastern Dublin ElR, the Alameda whip snake has been federally-listed as threatened under the ESA (USFWS, 1997). The species has been listed as threatened under the California Endangered Species Act since 1971. In October 2000, the USFWS designated critical habitat for this species, however, the Project area does not occur within the designated critical habitat. This designation was voided in May 2003. Appropriate habitat for this species does not occur in Eastern Dublin, including the Project area. Bald Eagle (Haliaeetus leucocephalus). Bald eagles require large bodies of water, or free- flowing rivers with abundant fish and adjacent snags or other perches. Nests are typically in large, old-growth, or dominant live trees with open branchwork. Since certification of the Eastern Dublin ErR, the bald eagle was reclassified from federally endangered to threatened. It remains state-listed as endangered, as identified in the Eastern Dublin EIR. The bald eagle also is protected under the federal Bald Eagle Protection Act. The historic breeding range of the bald eagle in California extended from southern coastal areas through much of the central and northern portions of the state. The Project area provides very limited suitable nesting habitat for bald eagles because there are no appropriate cliffs and very few trees for nesting and no foraging habitat. Peregrine Falcon (Falco peregrinus anatum). Peregrine falcon are crow-sized raptors that typically breed near wetlands, lakes, rivers, or other water on high cliffs, banks, dunes, or mounds. Typical foraging habitat is located near bodies of water in open areas with cliffs and canyons nearby for cover and nesting. Potential impacts to the peregrine falcon were considered insignificant in the 1993 Eastern Dublin EIR due to the lack of appropriate habitat. Since certification of the Eastern Dublin EIR this species was federally de-listed (August 25, 2000) but remains state-listed as endangered. Historic nesting locations are known from the region north of the Eastern Dublin area. The Project area does not contain suitable cliffs for nesting and does not represent important foraging habitat for the peregrine falcon. California Tiger Salamander (Ambystoma californiense). California tiger salamander (CTS) use vernal pools, stockponds, or other seasonal water bodies for breeding habitat and require nearby ground squirrel or gopher burrows for aestivation habitat. CIS adults may migrate up to 1.2 miles from their aestivation sites to the breeding ponds, and juveniles have been observed to migrate up to one mile from breeding ponds to aestivation areas (Shaffer et aI., 1992). The distance between the aestivation sites and breeding ponds depends on local topography, vegetation, and the distribution of ground squirrel or other rodent burrows. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 55 November 2004 The 1993 Eastern Dublin EIR identified similar impacts to CTS as would be expected for CRLF including increased sedimentation in potential breeding habitat, increased vehicular traffic, reduction of potential habitat, introduced predators (dogs and cats associated with residential development), and direct mortality from construction. These impacts were considered potentially significant (1M 3.7/ G). Since approval of the 1993 Eastern Dublin EIR, the California tiger salamander has been listed as threatened and critical habitat has been designated (USFWS 2004a, Federal Register 69:47211-47248, August 4, 2004 and USFWS 2004b, Federal Register 69:48569- 48649, August 10, 2004). All of the Project area to the west of Tassajara Creek is within critical habitat Unit 18 of the Central Valley Region. Recent surveys for CTS on the Dublin Ranch West portion of the Project area resulted in the capture of 273 salamanders (HTH, 2004). It can be concluded from this study that the entire Dublin Ranch West property may be occupied at times by CTS. Based on trap locations and results, it appears that the primary breeding location for these salamanders is a stock pond located 600 feet west of the northwest portion of the Dublin Ranch West area in the Parks Reserve Forces Training Area. HTH (2004) reported that no CTS breeding occurs within the Dublin Ranch West property and that CTS use the site primarily for aestivation and migration. However, no larval surveys were conducted in Tassajara Creek within the Dublin Ranch West area, and there is potential for CIS to use the creek as a breeding location. Larval surveys have been conducted along Tassajara Creek downstream of this site in 1993, 1995, 1998, and 2000, and no CTS larvae were found during any of those surveys (HTH pers com). In addition to CIS trapping, HTH installed a passive, one-way CIS barrier along the western edge of the Dublin Ranch West property to prevent CIS trapped and released to the west of the barrier (in 2003-2004) from returning into the Dublin Ranch West property, and to allow CIS remaining in the Dublin Ranch West property to access the known breeding pond northwest of the site. The barrier was installed in 2003, and is currently in place and presumed to be operational. Invertebrates. The 1993 Eastern Dublin EIR identified potentially significant impacts to special status invertebrates including the longhorn fairy shrimp (Branchinecta longiantenna), vernal pool fairy shrimp (Branchinecta lynch i), and eight other species. Since certification of the 1993 Eastern Dublin EIR, the longhorn fairy shrimp and vernal pool fairy shrimp have been federally listed as endangered and threatened, respectively. No habitat for either of these species, or the other eight invertebrate species identified in the 1993 Eastern Dublin EIR exists in the Project area, and the potential for occurrence of any of these invertebrate species is extremely low. California Species of Special Concern and Other Special Status Wildlife Species. These include the following. Prairie Falcon (Falco mexicanus). Prairie falcons typically nest on cliff ledges, and forage over adjacent habitats. Typical foraging habitat includes perennial grasslands, savannahs, rangeland, and desert scrub. Dublin Ranch West Draft Supplemental EIR Page 56 City of Dublin November 2004 Impacts to this species identified in the 1993 Eastern Dublin EIR as potentially significant include the reduction in grassland habitat and subsequent reduction in prey availability and disturbance from construction-related activities. There have been no species-specific surveys for Prairie Falcon in the Project area, nor any incidental sightings. The grasslands in the Project area provide suitable foraging habitat for this species, but no nesting habitat is present on-site. White-Tailed Kite (Elan us leucurus). White-tailed kites are associated with annual grasslands, agricultural areas, scrub habitats, wet meadows, and emergent wetlands throughout the lower elevations of California. Nesting generally occurs in shrubs or small trees. It is frequently observed in the San Francisco Bay region. Impacts to this species identified in the 1993 Eastern Dublin EIR as potentially significant include the reduction in grassland habitat and subsequent reduction in prey availability and disturbance from construction-related activities. There have been no species-specific surveys for white-tailed kite in the Project area, nor any reported sightings. The grasslands on the project site provide suitable foraging habitat for this species, and nesting may occur in the oak woodland I riparian vegetation along Tassajara Creek. Golden Eagle (Aqužla chrysaetos). Golden eagles occur in a variety of habitats throughout the San Francisco Bay region. Typical habitat includes rolling foothills with open grasslands, scattered trees, and cliff-walled canyons. Golden eagles nest and roost on secluded cliffs with overhanging ledges or large trees, and prey on lagomorphs and rodents. Impacts to this species identified in the 1993 Eastern Dublin EIR as potentially significant include the reduction in grassland habitat and subsequent reduction in prey availability and disturbance from construction-related activities. A pair of golden eagles has nested successfully east of the Project area since 1990. Radio tracking data of the male eagle shows that while the Dublin Ranch West area is occasionally used for foraging, the primary foraging grounds for this pair are located north and east of the Dublin Ranch West area (HTH, 2002). In addition to foraging habitat, suitable nesting trees are located within the Project area and have the potential to be occupied in the future by dispersing eagles. Northern Harrier (Cžrcus c;yaneus). Harriers are residents of annual grasslands, emergent wetlands, and agricultural lands throughout California. They typically nest on the ground in fields, marsh edges, or emergent wetlands. Impacts to this species identified in the 1993 Eastern Dublin EIR as potentially significant include the reduction in grassland habitat and subsequent reduction in prey availability and disturbance from construction-related activities. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 57 November 2004 There have been no species-specific surveys for harriers on the Project area, nor any incidental sightings. The grasslands on the Project area provide suitable foraging habitat for this species, and nesting may occur in the Project area. Burrowing Owl (Athene cunicularia). The burrowing owl typically favors flat, open annual or perennial grassland or gentle slopes with sparse or nonexistent tree or shrub canopies; however, they also colonize debris piles and old pipes. In California, burrowing owls are found in close association with California ground squirrels (Spermophilus beecheyi). Burrowing owls exhibit high site fidelity and usually use the abandoned burrows of ground squirrels for shelter and nesting. Impacts to burrowing owls identified in the 1993 Eastern Dublin EIR include loss of suitable nesting and foraging habitat, destruction of nests, harassment, predation by feral dogs and cats, and direct mortality from vehicle collisions (especially during road construction and maintenance). HTH (2002) found no evidence of owl presence, nor saw any owls during protocol-level surveys for burrowing owls conducted in 2001. Burrowing owls are known to occur on adjacent properties north and west of the Dublin Ranch West area (H.T. Harvey and Associates~ 2002), and numerous ground squirrel burrows, deemed suitable for burrowing owl nesting, were observed within the Dublin Ranch West area. Tricolored Blackbird (Agelaius tricolor). Tricolored blackbird usually nest near freshwater, especially wetlands, in dense cattails or tuIes, thickets of willow, blackberry, wild rose, or taIl herbs. This species requires protected nesting substrate to support colonies of up to 50 pairs. Potential destruction of riparian and freshwater foraging and breeding habitat was considered a potentially significant impact in the 1993 Eastern Dublin EIR. No tricolored blackbirds have been observed in the Project area, and it is highly unlikely that this species would be found breeding in the Project area due to the lack of suitable habitat. Coopers Hawk (Accipiter cooperii)' The Eastern Dublin EIR identified impacts to Cooper's hawk as potentially significant (lM: 3.7/P). Since certification of the 1993 Eastern Dublin EIR Cooper's hawk have been observed in the Dublin Ranch West area. Cooper's hawk are likely to nest and forage within the Tassajara Creek corridor. Sh~-Shinned Hawk (Accipiter striatus). The Eastern Dublin EIR identified impacts to the s arp-shinned hawk as potentially significant (lM 3.7/P). No additional surveys or sightings have been reported for this species, and it is unlikely that sharp-shinned hawk would nest in the Project area due to the lack of typical habitat. Sharp-shinned hawk may forage along Tassajara Creek. Loggerhead Shrike (Lanius ludovicianus) . A California and Federal Species of Special Concern, loggerhead shrike is a wide-ranging species that occupies open habitats including grassland, scrub, and open woodlands. WRA observed two loggerhead Dublin Ranch West Draft Supplemental EIR City of Dublin Page 58 November 2004 shrikes in the Project area on July 13, 2004. Suitable nesting habitat exists for this species along Tassajara Creek on the site. Short-Eared Owl (Asio flammeus). The 1993 Eastern Dublin EIR identified impacts to the short-eared owl as insignificant due to lack of appropriate habitat (IM 3.7 I Q). The Project area does not provide suitable nesting habitat for this species, and the species is not known to nest in Contra Costa or Alameda counties, however marginal foraging habitat does exist within the grasslands in the Project area. California Horned-Lark (Eremophila alpestris actia). A California Species of Special Concern, California homed lark are ground nesting birds that nest and forage in short- grass prairie, mountain meadow, coastal plain, fallow grain fields, and alkali flats. No homed larks have been observed in the Project area, however HTH (2002) reported that nesting homed larks are known to occur north of the Project area. The grasslands in the Project area provide suitable habitat for this species. Great Blue Heron (Ardea herodias). A California Species of Special Concern, great blue heron nest in large rookeries, usually in a single tree or group of trees. WRA observed one heron in Tassajara Creek on July 13, 2004. Suitable nesting trees occur in the Project area, although no herons are currently known to be nesting in the Project vicinity. Western Pond Turtle (Clemmys marmorata). Western pond turtles (WPT) are a frequent resident in ponds, marshes, rivers, streams, and irrigation ditches with aquatic vegetation. WPT need basking sites and suitable banks for egg-laying. The 1993 Eastern Dublin EIR identified increased sedimentation, increased vehicular traffic, reduction of potential habitat, introduced predators (dogs and cats associated with residential development), and direct mortality from construction as potentially significant impacts to western pond turtle populations (1M 3.7 IF). WRA observed two western pond turtles in Tassajara Creek on July 13, 2004, and turtles have been observed on a number of occasions during surveys conducted by HTH (2002). Tassajara Creek provides quality turtle habitat, and while western pond turtles are not likely to leave the Tassajara Creek drainage and move into upland areas of the Project area due to the steep incised banks, females may occasionally wander out of the riparian areas in search of nest locations. California Homed Lizard (Phrynosoma coronatum frontale). The 1993 Eastern Dublin EIR identified impacts to the California horned lizard as insignificant due to their extensive distribution (3.7 I R). Since certification of the Eastern Dublin EIR, the horned lizard has been listed as a fully protected species under the California Fish and Game Code. There is a low potential for occurrence of this species on the Dublin Ranch West area due to marginal habitat and distance to known homed lizard locations. No additional surveys or incidental sightings have been reported for this species. Oak Titmouse (Baeolophus inornatus). A USFWS Species of Local Concern, oak titmouse is a common resident of oak woodland habitats that nests in woodpecker holes, natural Dublin Ranch West Draft Supplemental EIR Page 59 City of Dublin November 2004 cavities, or nest boxes. WRA observed an oak titmouse in the Project area on July 13, 2004. Suitable foraging and nesting habitat exists for this species along Tassajara Creek. Yuma Myotis (Myotis yumanensis). A California and Federal Species of Special Concern, yuma myotis bats are known to live in disturbed and developed environments. Yuma myotis roosting locations include buildings, caves, trees, bridges and rock crevices. Potential habitat for this species exists in the Dublin Ranch West area including potential roosting locations in old ranch-buildings on site. IMPACTS AND MITIGATIONS FROM TIlE EASTERN DUBLIN EIR The Eastern Dublin EIR included a comprehensive assessment of habitat and wildlife resources in the EIR planning area. The Eastern Dublin EIR identified potential impacts related to the general effects of potential development in Eastern Dublin including direct habitat loss, indirect habitat loss due to vegetation removal for construction and development activities, and loss or degradation of sensitive habitat (Impacts 3.71 A, B, and C). The Eastern Dublin EIR also identified potential impacts related to wildlife species such as San Joaquin kit fox, California red-legged frog, California tiger salamander, and others (Impacts 3.7 ID - S). Raptor electrocutions, associated with new high-voltage power lines, were addressed in depth in the 1993 Eastern Dublin EIR and included a number of mitigation measures (M1\.1 3.7 I 26.0a-d). Mitigation measures were adopted to, among other things, prepare resource management plans, avoid development in sensitive areas and revegetate disturbed areas (generally Mitigation Measures 3.7/1.0 - 28.0). All mitigation measures adopted upon approval of the Eastern Dublin EIR continue to apply to the proposed Project. SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Significance Criteria. The project's impacts to biological resources would be considered significant if the project results in the actions or outcomes listed below. These significance criteria are based on the CEQA Guidelžnes' (CCR Title 14, Div. 6, Ch. 3) recommended tools for determining the potential for significant environmental effects, including the model Initial Study checklist (Appendix G of the Guidelines) and CEQA's mandatory findings of significance (Guidelines sec. 15065). The proposed project would have a significant supplemental impact on biological resources if the following impacts have the potential to occur but were not analyzed in the 1993 Eastern Dublin EIR, or are substantially more severe than analyzed in the Eastern Dublin EIR: · Substantially degrade the quality of the environment; · Substantially reduce the habitat of a fish or wildlife species; · Cause a fish or wildlife population to drop below self-sustaining levels; · Threaten to eliminate a plant or animal community; · Reduce the number or restrict the range of an endangered, rare or threatened species; · Eliminate important examples of the major periods of California history or prehistory; · Have a substantial adverse effect, either directly or indirectly or through habitat modification, on any species identified as a candidate, sensitive, or special status Dublin Ranch West Draft Supplemental EIR Page 60 City of Dublin November 2004 species in local or regional plans, policies, or regulations, or by the CDFG or USFWS; . Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS; · Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means; · Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; · Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; . Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Regulatory Setting. Biological resources are regulated by the following: Federal Endangered Species Act. The federal Endangered Species Act (FESA) protects listed species from harm or "take" which is broadly defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Take can also include habitat modification or degradation that results in death or injury to a listed species. An activity can be defined as "take" even if it is unintentional or accidental. Listed plant species are provided less protection than listed wildlife species. Listed plant species are legally protected from take under FESA if they occur on federal lands or if the project requires a federal action, such as a Section 404 fill permit. The U.s. Fish and Wildlife Service (USFWS) has jurisdiction over federal-listed threatened and endangered species under the FESA. The USFWS also maintains lists of proposed and candidate species. Species on these lists are not legally protected under the FESA, but may become listed in the near future and are often included in their review of a project. California Endangered Species Act. The California Endangered Species Act (CESA) prohibits the take of any plant or animal listed or proposed for listing as rare (plants only), threatened, or endangered. In accordance with the CESA, CDFG has jurisdiction over state-listed species (California Fish and Game Code 2070). Additionally, the CDFG maintains lists of "species of special concern" that are defined as species that appear to be vulnerable to extinction because of declining populations, limited ranges, and I or continuing threats. California Environmental Ouality Act. Section 15380(b) of the California Environmental Quality Act (CEQA) Guidelines provides that a species not listed on the federal or state lists of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These Dublin Ranch West Draft Supplemental EIR City of Dublin Page 61 November 2004 criteria have been modeled after the definitions in FESA and CESA and the section of the California Fish and Came Code dealing with rare or endangered plants or animals. This section was included in the guidelines primarily to deal with situations in which a public agency is reviewing a project that may have a significant effect on a species that has not yet been listed by either the USFWS or CDFC. Clean Water Act. Under Section 404 of the Clean Water Act, the Corps is responsible for regulating the discharge of fill material into waters of the United States. Waters of the U.S. and their lateral limits are defined in 33 CFR Part 328.3 (a) and include streams that are tributary to navigable waters and their adjacent wetlands. Wetlands that are not adjacent to waters of the US. are termed "isolated wetlands" and, depending on the circumstances, may also be subject to Corps jurisdiction. California Water Duality and Waterbody Regulatory Programs. Pursuant to Section 401 of the federal Oean Water Act, projects that are regulated by the Corps must obtain water quality certification from the RWQCB. This certification ensures that the Project will uphold state water quality standards. The RWQCB may impose mitigation requirements even if the Corps does not. The CDFG exerts jurisdiction over the bed and banks of watercourses and waterbodies according to provisions of Section 1601 to 1603 of the Fish and Game Code. The Fish and Game Code requires a Streambed Alteration Agreement for the fill or removal of material within the bed and banks of a watercourse or waterbody and for the removal of riparian vegetation. The Federal Migratory Bird Treaty Act (16 U.S.c., Sec. 703, Supp. If 1989) prohibits killing, possessing, or trading in migratory birds except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. Most native bird species in the Dublin Ranch West area are covered by this Act. The California Native Plant Society (CNPS), a non-governmental conservation organization, has developed lists of plant species of concern in California. Vascular plants included on these lists are defined as follows: List 3 List 4 Plants considered extinct. Plants rare, threatened, or endangered in California and elsewhere. Plants rare, threatened, or endangered in California but more common elsewhere. Plants about which more information is needed - review list. Plants of limited distribution-watch list. List 1A List IB List 2 Although the CNPS is not a regulatory agency and plants on these lists have no formal regulatory protection, plants appearing on List 1B or List 2 are, in general, considered to meet CEQA's Section 15380 criteria and adverse effects to these species are considered significant. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 62 November 2004 The Dublin Heritage Tree Ordinance (City of Dublin Zoning Ordinance Chapter 8.72:4 [revised 11 I 02]) states that existing mature bay, cypress, maple, oak, redwood, and sycamore trees shall be preserved in zoning districts if they are over 24 inches in diameter measured 4 feet 6 inches above natural grade. However, trees meeting the above criteria may be removed on a limited basis with the permission of the Director upon submittal of an arborist's report which determines that the tree is in poor health and not likely to survive; if the trees constitute a high fire hazard or a threat to persons, structures, or property; or, if they impede public works projects. Trees to be removed shall be shown on the Final Landscaping and Irrigation Plan and detailed on a tree inventory chart on that plan. Supplemental Impacts and Mitigation Measures. The following supplemental biological resource impacts and mitigation measures are identified in this DSEIR. Supplemental Impact BIO-l. Impacts to California tiger salamander. Implementation of the Dublin Ranch West development Project would result in the permanent loss of approximately 110 acres of California tiger salamander aestivation habitat, which is within proposed critical habitat unit 18 (Central Valley Region). All areas of upland habitat on the Dublin Ranch West property (non-native grassland and riparian woodland) are assumed to be occupied by CTS based on the results of the 2003/2004 trapping effort (HTH, 2004). Grading, road and trail construction, and building will likely result in the destruction of occupied burrows and in direct loss of individual CIS (the number of CTS that will be underground during construction and will be killed is impossible to estimate). CTS are known to breed in a stock pond located 600 feet west of the northwest portion of the Project area in the Parks Reserve Forces Training Area, and may use Tassajara Creek for breeding based on CIS captures near the creek (HTH, 2004) and on CTS breeding locations in a tributary to Tassajara Creek (WRA, 2003). In addition, if salamanders are breeding in Tassajara Creek, this population would become nearly isolated from the breeding population in the pond northwest of the Project area. The two proposed bridges spanning Tassajara Creek would completely span the creek and would not result in the pennanent placement of fill or degradation of aquatic habitat within the creek. However, temporary fill of some aquatic habitat is anticipated during bridge construction, which may result in a degradation of potential CIS aquatic breeding habitat and direct loss of CIS individuals. Indirect Project impacts following development construction would include mortality of salamanders migrating across the development areas due to vehicle strikes, human disturbance and harassment or mortality from introduced predators in preserved areas (dogs, cats, raccoons associated with development, etc.). Loss of CTS aestivation habitat, degradation of potential CTS breeding habitat in Tassajara Creek, and direct and indirect loss of CIS individuals, would be significant supplemental impacts since the extent of this impact would be greater Dublin Ranch West Draft Supplemental EIR City of Dublin Page 63 November 2004 than identified in the 1993 Eastern Dublin EIR. Adherence to the following measures will reduce this impact to a less-than- significant level. Supplemental Mitigation Measure SM-BIO-1. A CTS management plan shall be developed by the Project proponents, and approved by the CDFG and the USFWS, prior to construction activities. This measure shall also apply to construction of recreational trails in preserved areas. The Plan will detail how CTS will be managed before and during construction activities and will include the following: a) Installation of a temporary herpetological fence prior to any ground disturbance around the entire development footprint, which shall prevent CTS from entering the construction site and shall remain until the permanent fence or barrier is installed or the current one- way barrier is extended and approved for use by the USFWS (SMM- BIO-2). A maintenance schedule shall be included for this fencing. b) A trapping and relocation plan that details how aestivating CTS individuals will be adequately relocated from the development footprint and into permanently preserved suitable aestivation habitat. Supplemental Mitigation Measure SM-BIO-2. A permanent herpetological fence or barrier shall be installed around the entire development footprint following construction activities to prevent movement of CTS into the development area. Such fencing shall be designed to allow for movement of larger terrestrial wildlife species, but shall preclude CTS from climbing the fence. With USFWS approval, the one-way barrier cunenUy in place may be extended to meet this mitigation requirement Supplemental Mitigation Measure SM-BIO-3. CTS larval surveys will be conducted in Tassajara Creek to determine if CTS are using the area for breeding. If CTS are determined to use Tassajara Creek as a breeding location, the CTS management plan will be modified such that appropriate measures are implemented during bridge construction to protect known or potential breeding sites within the creek, and to protect or relocate any CTS individuals that may be present in the temporarily disturbed portions of the creek (as approved by CDFG and USFWS). Supplemental Mitigation Measure SM-BIO-4. To compensate for the permanent loss of approximately 110 acres of CTS aestivation habitat, the Project proponent will acquire and preserve in perpetuity suitable CTS aestivation habitat at a 1:1 ratio adjacent to preserved, occupied CTS breeding and aestivation habitat and construct a breeding pond, or as required by the USFWS and CDFG. The mitigation aestivation habitat shall be located in the Dublin and Livermore Valley area and shall Dublin Ranch West Draft Supplemental ErR City of Dublin Page 64 November 2004 exhibit similar characteristics to the habitat lost. In selecting off-site mitigation lands, preference shall be given to preserving one large block of habitat rather than many small parcels, linking preserved areas to existing open space and other high quality habitat, and excluding or limiting public use within preserved areas. Land selected for mitigation shall be permanently preserved through use of a conservation easement or similar method, approved by the USFWS and CDFG, and obtained prior to the issuance of any construction permits. Supplemental Mitigation Measure SM-BIO-5. An Open Space Management Plan (or plans, if necessary) shall be prepared for (1) the preserved upland habitats within the Project area, including the approximately 23-acre western open space area, (2) the private open space area located between the development area and the TCMZ, and (3) for off-site land preserved under measure SMM-BI04. This plan shall include strategies for grassland habitat management to maintain CTS aestivation habitat, including grazing or mowing to encourage ground squirrel use and limiting human access to migratory routes to and from breeding habitats. If grazing is prescribed, the plan shall comply with the Grazing Management Plan for the Eastern Dublin General Plan Amendment Area. For the private open space area adjacent to the TCMZ, the trail development and habitat management measures shall be consistent with the Eastern Dublin Comprehensive Stream Restoration Program (and the Dublin Ranch Tassajara Creek Conservation Area Habitat Management Plan. The Open Space Management Plan shaH also address management of the habitats for other special status species that may utilize these areas, including CRLF, burrowing owl and migratory birds. The plan shall include protection measures such as fencing, signage, reduced or indirect lighting, pet control measures, trail use limitations (daytime only), and habitat monitoring and reporting. This plan shall be prepared and approved by USFWS and CDFG prior to construction activities. Supplemental Mitigation Measure SM-BIO-6. A qualified biologist (as identified by the City) shall monitor construction activities to ensure protective measures are implemented and maintained (i.e. fencing is maintained, preserved areas are not disturbed, etc.). The biological monitor shall have the authority to suspend any and all construction activities if protective measures are not properly followed and/or if activities pose an immediate threat to preserved sensitive resources. The biological monitor shall also have the authority to contact CDFG and/or the USFWS to report any mortality of listed species during construction. This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure SM-BIO-7. All Project construction employees shall receive an educational training program that includes information on sensitive species identification and their potential habitat, approved mitigation measures for the Project, and actions Dublin Ranch West Draft Supplemental EIR City of Dublin Page 65 November 2004 employees should take if a sensitive species is encountered. This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Impact BIO-2. Impacts to California red-legged frog. The Project area is within USFW'S re-proposed critical habitat Unit 15 (East Bay- Diablo Range Unit) for the CRLF (69 FR 19619; April 13, 2004). Impacts to CRLF critical habitat would occur during Project development and during construction of two bridges over occupied CRLF breeding habitat in Tassajara Creek, resulting in the permanent loss of approximately nine acres of associated upland habitat and approximately 66 acres of dispersal habitat, as CRLF populations in Tassajara Creek are further isolated from potential breeding locations northwest and southwest of the Project area. Associated upland habitat was determined to be areas within 300 feet of Tassajara Creek, where movement from the creek is considered feasible (where bank slopes are gradual enough to allow for wildlife passage, including an existing dirt road which crosses through the creek), as shown on Exhibit 15. Dispersal habitat consists of the habitat between these access points to the known breeding habitat in Tassajara Creek and two off-site ponds west of the Project area known to support CRLF (CDFG 2004). The two proposed bridges spanning Tassajara Creek would completely span the creek and would not result in the permanent placement of fill or degradation of aquatic habitat within the creek. However, temporary fill of some aquatic habitat is anticipated during bridge construction, which may result in a degradation of CRLF aquatic breeding habitat. Grading, road and bridge construction, and other construction activities may result in direct loss of CRLF individuals. The Project may also have indirect impacts including mortality of CRLF from vehicles, human disturbance and harassment or mortality from introduced predators within preserved areas (dogs, cats, raccoons associated with development, etc.) from increased disturbance along Tassajara Creek and within the Tassajara Creek Management Zone. Direct loss of CRLF upland and dispersal habitat, and direct and indirect loss of CRLF individuals would be significant supplemental impacts, since the extent of CRLF impacts would likely be greater than anticipated in the Eastern Dublin EIR. Adherence to the following measures will reduce this impact to a less-than- significant level. Supplemental Mitigation Measure SM-BIO-8. To compensate for the permanent loss of approximately 9 acres of CRLF-associated upland habitat and approximately 66 acres of dispersal habitat (75 acres combined), the Project shall acquire and preserve in perpetuity upland habitat at a 1.5:1 ratio of preserved to lost habitat or as required by the USFWS in the Tri- Valley Area that exhibits similar characteristics to Dublin Ranch West Draft Supplemental EIR City of Dublin Page 66 November 2004 habitat lost (similar proximity to established breeding locations, CRLF population densities, etc.). Supplemental Mitigation Measure SM-BID-9. The following construction-related CRLF avoidance and protection measures shall be followed for development activities within the Project area: a) Prior to construction of the proposed bridges, a map shall be prepared to delineate CRLF breeding habitat, construction and laydown areas, and areas of proposed temporary fill within Tassajara Creek. Pre-construction surveys within these areas shall be conducted by a qualified biologist (as approved by the City)with appropriate authorization to handle CRLF. If CRLF are found within the construction areas (or other sensitive wildlife species), they shall be immediately moved to undisturbed, preserved portions of Tassajara Creek if authorized in a biological opinion issued by the USFWS for the Project Construction, laydown, and temporary fill areas shall be fenced appropriately to prohibit CRLF movement into these areas, as supervised and verified by a qualified biologist Construction activities and access shall be confined to these fenced areas during construction activities. A qualified biologist will monitor the fence and construction activities daily when construction activities are conducted within Tassajara Creek. A biologist with appropriate permits to relocate any CRLF shall be available to the on-site biological monitor if CRLF (or other sensitive wildlife species) are found within the fenced areas during daily construction monitoring; CRLF shall be relocated to undisturbed, preserved portions of Tassajara Creek. b) Prior to grading activities or any ground disturbance within upland habitats, and following installation of protective temporary construction fencing, a qualified biologist with appropriate authorization to handle CRLF shall conduct pre-construction surveys. If CRLF are found within the construction areas, they shall be immediately moved to undisturbed, preserved portions of Tassajara Creek if authorized in a biological opinion issued by the USFWS for the Project This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure 8M-BID-tO. Grading activities should take place during the dry season (as is practicable), since CRLF will be less likely to be present in upland areas during dry months of the year. Supplemental Mitigation Measures BI0-2, BIO-5, BIO-6 and BIO-7 shall also be applied as mitigation for this impact. Supplemental Impact BIO-3. Impacts to breeding birds. Implementation of the proposed Project may result in a loss of approximately 1.0 Dublin Ranch West Draft Supplemental EIR City of Dublin Page 67 November 2004 acre of riparian vegetation, oak trees, and other suitable nesting locations for red-tailed hawk, Cooper's hawk, loggerhead shrike, and other species both common and sensitive. In addition, the Project would result in the loss of approximately 110 acres of grassland habitat that provides nesting habitat for sparrows, burrowing owl, California homed lark, and others. Construction activities, trail development and use may also result in noise disturbance to nesting birds, which could result in nest abandonment and mortality of eggs or juveniles. Removal of habitat for these birds, and potential noise impacts to nesting birds, are potentially significant supplemental impacts. Implementation of the following mitigation measures would reduce impacts to a less than significant level. Supplemental Mitigation Measure SM-BIO-11. Prior to any tree removal or ground disturbance, a qualified biologist (approved by the City) shall conduct breeding bird surveys throughout the Dublin Ranch West area and mark an appropriate buffer around any nests discovered. Buffers shall be a minimum of 250 feet for rap tors (although sensitive raptors such as golden eagles may require a much larger buffer), and between 50 and 100 feet for passerines depending on habitat type (50 feet in dense vegetation, 100 feet in open areas). Pre-construction surveys shall take place throughout the development portion of the Project area, including surveys for grassland birds and birds likely to nest along the Tassajara Creek corridor. Nesting status shall be monitored by a qualified biologist to determine when nests are no longer active. All activities shall be prohibited within the buffer until after young have fledged and moved out of the nest. This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure SM-BIO-12. Vegetation and tree removal shall take place (as much as practicable) outside of the breeding period for most birds (February-August is a broad breeding period that covers most species). This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measures BI0-5, BI0-6 and BI0-7 would also be applied as mitigation for this impact. Supplemental Impact BIO-4. Impacts to bat species. Implementation of the Project would remove a number of barns, old ranch buildings, and large trees that are potential roosting sites for special status bat species. The destruction of bat roosts used by special status bat species is a potentially significant supplemental impact. Adherence to the following measures would reduce this impact to a less-than- significant level. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 68 November 2004 Supplemental Mitigation Measure SM-BIO-13. Surveys of potential roosting habitat including structures and large trees in the Tassajara Creek bridge crossing areas shall be conducted by a qualified biologist prior to any disturbance of potential roosting sites. If active roosts are discovered, bats would be excluded from those roosting locations by a qualified biologist prior to habitat removal (late summer-early fall). This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measures BIO-5, BIO-6 and BIO-7 would also be applied as mitigation for this impact. Supplemental Impact BID-5. Impacts to Burrowing Owl. The Project would result in the loss of potential burrowing owl breeding habitat and I or the disturbance of burrowing owl nests. The loss of occupied burrowing owl nesting habitat and I or loss of nesting owls is a significant impact. The following measure will reduce this impact to a less-than-significant level. This supplemental mitigation measure has been updated from the 1993 Eastern Dublin EIR. Supplemental Mitigation Measure SM-BIO-14. The following pre- construction survey, avoidance, and/or compensation measures shall be applied for impacts to burrowing owls (this measure shall also apply to construction of recreational trails in preserved areas): a) Pre-construction surveys for burrowing owls shall be conducted by a qualified biologist prior to any ground disturbance between September 1 and January 31. If ground disturbance is delayed or suspended for more than 30 days after the survey, the site should be re-surveyed. If no over-wintering birds are present, burrows should be removed prior to the nesting season. If over-wintering birds are present, no disturbance should occur within 150 feet of occupied burrows. If owls must be moved away from the disturbance area during this period, passive relocation measures must be prepared according to current CDFG burrowing owl guidelines, approved by CDFG, and completed prior to construction. b) If construction is scheduled during the nesting season (February 1 - September 1), pre-construction surveys shall be conducted in the entire Dublin Ranch West area within 30 days prior to construction and within 250 feet of the Dublin Ranch West area prior to any ground disturbance. A minimum buffer (at least 250 feet) shall be maintained during the breeding season around active burrowing owl nesting sites identified in pre-construction surveys to avoid direct loss of individuals. c) If destruction of occupied (breeding or non-breeding season) burrows, or any burrows that were found to be occupied during Dublin Ranch West Draft Supplemental EIR City of Dublin Page 69 November 2004 pre-construction surveys, is unavoidable, a strategy will be developed to replace such burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on permanently protected lands adjacent to occupied burrowing owl habitat, and will include permanent protection of a minimum of 6.5 acres of burrowing owl habitat per pair or unpaired resident owl. A plan shall be developed and approved by CDFG describing creation or enhancement of burrows, maintenance of burrows and management of foraging habitat, monitoring procedures and significance criteria, funding assurance, annual reporting requirements to CDFG, and contingency and remediation measures. Supplemental Mitigation Measures BIO-5, BIO-6 and BIO-7 will also be applied as mitigation for this impact. Supplemental Impact BIO-6. Loss of special status plants. The Project would remove approximately 630 individuals of Congdon's tarplant, or approximately five acres of occupied Congdon's tarplant habitat (HTH 2002 and 2003). Trail construction within the private open space area may also impact Congdon's tarplant. The removal of Congdon's tarplant individuals and habitat would result in a significant supplemental impact. Implementation of the following mitigation measures would reduce Supplemental Impact BIü-6 to a less than significant level. Supplemental Mitigation Measure SM-BIO-15. One acre of new occupied habitat for Congdon's tarplant shall be provided for every one acre of existing Congdon's tarplant habitat lost within suitable, on- site preserved habitat (such as the TCMZ). The Project applicant shall develop and implement a detailed Mitigation and Monitoring Plan to fully compensate for impacts to Congdon's tarplant. The plan shall include the mitigation design, methods of salvage of existing seed, maintenance methods (including weed management), monitoring procedures and performance criteria, reporting requirements, and a contingency measure to preserve existing off-site occupied Congdon's tarplant habitat at an equal amount to lost habitat in case of mitigation failure. The Project proponent shall provide a secure funding source (such as a performance bond) for the implementation of the mitigation plan and long-term maintenance and monitoring of the mitigation area. The created mitigation area must be preserved in perpetuity (such as through a permanent conservation easement). The Mitigation and Monitoring Plan must be approved by the City prior to the issuance of grading permits for the Project. Mitigation shall require a minimum of five years of monitoring, and annual monitoring reports shall be provided to the City. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 70 November 2004 Supplemental Mitigation Measures BIO-5, BIO-6 and -BI0-7 would also be applied as mitigation for this impact. Supplemental Impact BIO-7. Loss of riparian vegetation. The Project would remove approximately 1.0 acre of riparian vegetation along Tassajara Creek to construct the two proposed bridge crossings, and may remove riparian habitat during trail construction in the private open space area. Indirect impacts from bridge andl or trail construction, such as inadvertent removal of additional riparian habitat or damage to existing riparian habitat, may also occur. In addition, trees subject to the City of Dublin's Heritage Tree Ordinance within the riparian vegetation may be removed and I or damaged during bridge crossing construction. The removal of riparian habitat and Heritage Trees would be considered a significant supplemental impact. Implementation of the following mitigation measures would reduce impacts to a less than significant level. Supplemental Mitigation Measure SM-BIO-16. Riparian habitat removed by the proposed development shall be replaced by the creation of new riparian habitat at a 3:1 ratio (acreage created:acreage removed), subject to the approval of CDFG and the City. The Project applicant shall develop and implement a Riparian Habitat Mitigation and Monitoring Plan to fully compensate for impacts to riparian habitat, including any Heritage Trees. If removal or damage occurs in an area that will not be permanently removed, riparian habitat shall be restored at that location according to the Riparian Habitat Mitigation and Monitoring Plan. The plan shall include the mitigation design, riparian species planting design (utilizing native species found in Tassajara Creek), sources for plant materials, maintenance methods (including irrigation, deer protection and weed management), monitoring procedures and performance criteria, reporting requirements, and contingency measures in case of mitigation failure. The Project applicant shall provide a secure funding source (such as a performance bond) for the implementation of the mitigation plan and long-term maintenance and monitoring of the mitigation area. The created mitigation area must be preserved in perpetuity (such as through a permanent conservation easement). The measures within the Riparian Habitat Mitigation and Monitoring Plan shall be consistent with the Eastern Dublin Comprehensive Stream Restoration Program (Sycamore Associates, el aI. 1996b) and the Dublin Ranch Tassajara Creek Conservation Area Habitat Management Plan. The Riparian Habitat Mitigation and Monitoring Plan must be approved by CDFG and the City prior to the issuance of Project grading permits. Mitigation shall require 10 years of monitoring, and annual reports shall be submitted to the City and CDFG. Supplemental Mitigation Measure SM-BIO-17. A Tree Removal and Preservation Plan that addresses all trees with a drip line that fall within Dublin Ranch West Draft Supplemental EIR City of Dublin Page 71 November 2004 any areas proposed for grading, including trees on the adjacent TCMZ shall be prepared by a qualified arborist or forester. The Plan shall provide detailed recommendations regarding tree removal and preservation methods, including protective fencing around the dripline of preserved trees, and shall be submitted to the City for review and acceptance prior to issuance of any Project grading permits. Trees to be removed or protected shall be accurately and clearly delineated on all Project grading plans, including a delineation of the dripline for preserved trees. Supplemental Mitigation Measures BIO-5 and BI0-6 would also be applied as mitigation for this impact. Supplemental Impact BIO-8. Temporary loss of aquatic habitat The Project may result in the temporary fill of aquatic habitat (wetlands and I or open water) within Tassajara Creek during construct the two proposed bridge crossings. The temporary fill of aquatic habitat would be considered a significant supplemental impact. Adherence to the following measure will reduce this impact to a less-than- significant level. Supplemental Mitigation Measure SM-BIO-18. Aquatic habitat temporarily filled by the proposed development shall be restored to pre-Project conditions following completion of bridge construction, subject to the approval of the Corps, RWQCB, and CDFG. The Project applicant shall develop and implement a Restoration Plan that shall include reasonable measures to avoid and minimize adverse effects to the aquatic resources. Such measures may include use of temporary silt and construction fencing to prevent fill beyond the area anticipated, structures to temporarily re-route or avoid any flowing water in the creek, timing bridge construction activities so that placement and removal of fill can occur in the same dry season (April 15 through October 15), and use of construction mats to prevent permanent impacts to substrates from heavy equipment The plan shall include the type, amount and location of the temporary fill material proposed, a schedule for placement and removal of fill, and the ultimate upland location for the fill material once it has been removed. The plan shall include methods for restoring the area to pre-Project conditions once the temporary fill is removed, including wetland and/or riparian species planting design (utilizing native species found in Tassajara Creek), sources for plant materials, maintenance methods (including irrigation, deer protection and weed management), monitoring procedures and performance criteria, reporting requirements, and contingency measures in case of mitigation failure. The Project proponent shall provide a secure funding source (such as a performance bond) for the implementation of the mitigation plan and long-term maintenance and monitoring of the mitigation area. The Restoration Plan must be Dublin Ranch West Draft Supplemental EIR City of Dublin Page 72 November 2004 approved by the Corps, RWQCB, and CDFG prior to the issuance of Project grading permits. Mitigation shall require five years of monit~ring, and annual reports shall be submitted to the permitting agencIes. Supplemental Mitigation Measure-BI0-6 would also be applied as mitigation for this impact. Dublin Ranch West Draft Supplemental EIR City of Dublin Page 73 November 2004