HomeMy WebLinkAbout4.7 Croak Road Ditch Maintenance Project Off-Site Mitigation AgreementsSTAFF REPORT
CITY COUNCIL
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Agenda Item 4.7
DATE:July 19, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Croak Road Ditch Maintenance Project Off-Site Mitigation AgreementsPreparedby:Laurie Sucgang,City Engineer
EXECUTIVE SUMMARY:The City Council will consider approving various agreements to allow the adjacent property owner to mitigate off-site for the habitat and wetland impacts resulting from proposed storm drainage work within Croak Road street right-of-way. These agreements will provide for mitigation services, the acquisition of off-site mitigation property, and a conservation endowment for Eagle Ridge Preserve –East Property Mitigation Area.
STAFF RECOMMENDATION:Adopt the Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve –East Property Mitigation Area.
FINANCIAL IMPACT:All costs to prepare these agreements are borne by the Landowner. There is no impact to the General Fund. The endowment fund will be paid by the Landowner on behalf of the City.
DESCRIPTION:The owner of the property adjacent to Old Fallon Road, commonly known as Croak Road, GH Pac Vest, LLC (Landowner), has proposed to clean out the existing ditch between the eastern edge of pavement of Croak Road and the Landowner’s fence, as well as replace a storm drain pipe culvertand install rock slope protection to reduce drainage issues on the Landowner’s property, as depicted in the site plan (Attachment 5).Because the proposed improvements are located within property owned by the City (Croak Road street right-of-way), the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, and the San
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Francisco Bay Regional Water Quality Control Board (collectively, the resource agencies) require that the City be the permittee and project sponsor. The proposed improvements will impact existing wetlands and habitat for California Red-Legged Frog (CRLF). To mitigate for these impacts, the Landowner has identified a suitable site located in the Eagle Ridge Preserve – East Property in the counties of Contra Costa and Alameda, as depicted in Attachment 6.The owner of the Eagle Ridge Preserve – East Property is Rocky Ridge, LLC and the land manager is Golden State Land Conservancy. The City will enter into an agreement with Rocky Ridge, LLC to establish the mitigation area, which is approximately 3.003 acres of upland habitat for CRLF and 1.001 acres for jurisdictional seasonal wetlands. The City will also enter into an agreement with Golden State Land Conservancy to manage, maintain, and monitor the mitigation area in perpetuity.The Landowner will provide the funds for the establishment of the mitigation area and for the endowment for the perpetual management of the mitigation area for a total amount of $1,191,192.57.Construction of the proposed improvements is anticipated to begin in September, pending issuance of permits from the resource agencies.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving the Contract for Transfer and Performance of Mitigation Services, the Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations, and the Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area2) Exhibit A to the Resolution - Contract for Transfer and Performance of Mitigation Services3) Exhibit B to the Resolution - Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance Obligations4) Exhibit C to the Resolution - Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area5) Site Plan - Croak Road Ditch Maintenance Project, Wetland Impact Exhibit6) Location Map – Eagle Ridge Preserve – East Property
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE CONTRACT FOR TRANSFER AND PERFORMANCE OF MITIGATION
SERVICES, THE AGREEMENT REGARDING ACQUISITION OF OFF-SITE MITIGATION
PROPERTY TO ACCOMMODATE DRAINAGE DITCH MAINTENANCE OBLIGATIONS, AND
THE PERPETUAL CONSERVATION EASEMENT ENDOWMENT AGREEMENT FOR EAGLE
RIDGE PRESERVE – EAST PROPERTY MITIGATION AREA
WHEREAS,GH Pac Vest, LLC (Landowner) owns certain real property within the City of
Dublin located adjacent to Old Fallon Road, commonly known as Croak Road, a City street right-
of-way, near the intersection of Croak Road and the Interstate 580 westbound off-ramp; and
WHEREAS,the Landowner is required to construct or install certain storm drainage
improvements within the City street right-of-way of Croak Road to address drainage conditions
that affect the Landowner’s property (Improvements); and
WHEREAS,the construction or installation of the Improvements requires the acquisition
of rights to purchase mitigation for the impacts of the Improvements on California Red Legged
Frog (CRLF) and wetlands habitat; and
WHEREAS, the City is the sponsor and permittee with the U.S. Army Corps of Engineers,
the U.S. Fish & Wildlife Service, and the San Francisco Bay Regional Water Quality Control
Board (collectively, the Resource Agencies) since the Improvements are located within City
street right-of-way and the Resource Agencies require that the City be the responsible agency
for mitigating the impacts caused by the Improvements; and
WHEREAS, the Landowner has identified suitable and available land for habitat and
species mitigation purposes on certain mitigation land owned by Rocky Ridge, LLC, known as
Eagle Ridge Preserve – East Property (Off-Site Mitigation), located within the counties of Contra
Costa and Alameda, in which land neither the Landowner nor the City presently has sufficient
title or interest to establish the Off-Site Mitigation; and
WHEREAS, the City desires to enter into a Contract for Transfer and Performance of
Mitigation Services (Mitigation Agreement), attached hereto as Exhibit A, with Rock Ridge, LLC
for the provision of mitigation services and Off-Site Mitigation, as further defined in the Mitigation
Agreement; and
WHEREAS, the Landowner is obligated to make payment for all costs and expenses of
Rocky Ridge, LLC providing Mitigation Services, as defined in the Agreement Regarding
Acquisition of Off-Site Mitigation Property to Accommodate Drainage Ditch Maintenance
Obligations, attached hereto as Exhibit B; and
WHEREAS, Rocky Ridge, LLC is under contract with Golden State Land Conservancy as
the grantee of a Conservation Easement and retains the perpetual rights and obligations of
management of the Off-Site Mitigation area; and
WHEREAS, the City desires to enter into a Perpetual Conservation Easement
Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area, attached
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Reso. No. XX-21, Item X.X, Adopted 07/19/22 Page 2 of 2
hereto as Exhibit C, with Golden State Land Conservancy for long-term management,
maintenance, and monitoring of the preserved and established habitats for the Off-Site
Mitigation; and
WHEREAS, the Landowner is obligated to provide the funds, on behalf of the City, for the
establishment of the endowment, as further described in Exhibit C, for the long-term
management and monitoring of the Off-Site Mitigation area, as well as to fund Golden State
Land Conservancy’s management and monitoring oversight activities, enforcement, and
protection of the Off-Site Mitigation area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Contract for Transfer and Performance of Mitigation Services, attached
hereto as Exhibit A, the Agreement Regarding Acquisition of Off-Site Mitigation Property to
Accommodate Drainage Ditch Maintenance Obligations, attached hereto as Exhibit B, and the
Perpetual Conservation Easement Endowment Agreement for Eagle Ridge Preserve – East
Property Mitigation Area, attached hereto as Exhibit C, in substantially the forms attached
hereto.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Contract for Transfer and Performance of Mitigation Services, attached hereto as Exhibit A, the
Agreement Regarding Acquisition of Off-Site Mitigation Property to Accommodate Drainage
Ditch Maintenance Obligations, attached hereto as Exhibit B, and the Perpetual Conservation
Easement Endowment Agreement for Eagle Ridge Preserve – East Property Mitigation Area,
attached hereto as Exhibit C, and make any necessary, non-substantive changes to carry out
the intent of this Resolution, including revisions to the agreements, with the advice of the City
Attorney, which do not materially or substantially increase the City’s obligations thereunder; to
approve and execute the Escrow Instructions to be attached to the Contract for Transfer and
Performance of Mitigation Services, to sign all documents, to make all approvals and take all
actions necessary or appropriate to carry out and implement the agreements and to administer
the City’s obligations, responsibilities and duties to be performed thereunder.
PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACT FOR TRANSFER OF MITIGATION AND
PERFORMANCE OF MITIGATION SERVICES
ROCKY RIDGE, LLC, a California limited liability company (“Rocky Ridge”) and the City of Dublin
(“City”), a municipal corporation, hereby enter into this Contract for Transfer of Mitigation and
Performance of Mitigation Services (the “Agreement”) to be effective as of the 19th day of July
2022.
RECITALS
A.Rocky Ridge controls real property located in Alameda and Contra Costa Counties, California
and described in Exhibit A hereto (“Eagle Ridge Preserve - East Property”).
B.Properties adjacent to the Eagle Ridge Preserve – East Property are being used for
environmental regulatory agency approved special-status species mitigation.
C.Rocky Ridge owners are familiar with and have experience in (i) evaluating real property
with regard to wetlands and special status species issues, (ii) preparing mitigation proposals
and plans for submission to governmental agencies, (iii) processing mitigation proposals and
plans through governmental agencies whose approval is required for mitigation purposes,
(iv) undertaking required construction and establishment of mitigation to comply with
mitigation proposal and plan requirements, (v) providing confirmation that the mitigation
has been created to satisfy a permittee’s mitigation requirements; (vi) performing required
monitoring and reporting following mitigation construction, and (vii) have a history of
achieving agency determined mitigation success.
D.Based on its investigations, Rocky Ridge has determined that the Eagle Ridge Preserve - East
Property is suitable and available for habitat and species mitigation purposes to include the
establishment of seasonal wetlands and preservation of upland habitat for the California
Red-Legged Frog (Rana draytonii) (“CRLF”).
E.The City is in the process of complying with Federal, and State conditions of authorizations
for sediment removal and drainage reestablishment activities along portions of the Croak
Road drainage ditch (the ”Project”) located in the City of Dublin, Alameda County,
California.
F.As a condition of the City’s permits/approvals received or pending from any of the
Authorizing Agencies (as defined in Section 1.1, below), the Authorizing Agencies have or
will impose upon the City, certain habitat and species applicable mitigation requirements
Attachment 2
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(“Mitigation Requirements”) as described in Schedule 1, attached to this Agreement.
G. As part of the City’s Mitigation Requirements, the City must prepare and submit to the
Authorizing Agencies a Land Package for the Eagle Ridge Preserve – East Property mitigation
for the Croak Road Ditch/Drainage Maintenance Project (as defined below). The City
desires to contract with Rocky Ridge for Rocky Ridge to prepare the Land Package, more
particularly described in the summary of such services described in Schedule 2, attached to
this Agreement. The parties to this Agreement believe that as part of the Eagle Ridge
Preserve – East Property mitigation for the Croak Road Ditch/Drainage Maintenance Project
approval process, a detailed Formal Mitigation Proposal or Land Package will be required as
described in Schedule 2 hereto.
H. Portions of the Eagle Ridge Preserve - East Property are suitable and available to meet the
Mitigation Requirements to establish and preserve 1.002 of seasonal wetland habitat and
preserve 3.003 acres of upland habitat suitable for use by CRLF (the “Mitigation”). Rocky
Ridge desires to prepare and obtain on the City’s behalf an approved Land Package for the
Mitigation, and, thereafter, to perform the other services described in Schedule 2 hereto. If
the Authorizing Agencies require a conservation easement as part of the Mitigation
Requirements, Rocky Ridge will provide the City with a conservation easement on the
appropriate portions of the Eagle Ridge Preserve - East Property in the form required by the
Authorizing Agencies.
I. The Eagle Ridge Preserve - East Property may be suitable for mitigation of multiple types of
habitat and species impacts, which may include mitigation of existing habitat and/or habitat
enhancement. Rocky Ridge intends to retain all mitigation and other rights with regard to
the Eagle Ridge Preserve East rights and obligations and restrictions that are imposed on
the Eagle Ridge Preserve – East Property by the Authorizing Agencies pursuant to the
approved Croak Road Ditch/Drainage Maintenance Project Mitigation Proposal.
J. Rocky Ridge shall (i) preserve the Eagle Ridge Preserve – East Property and establish the
Mitigation at the mitigation areas in accordance with the Mitigation Proposal and (ii)
perform certain ongoing monitoring and maintenance and reporting activities as described
in Schedule 2 hereto in furtherance of the Mitigation Requirements.
K. City desires to enter into this Agreement pursuant to which Rocky Ridge shall prepare a
Land Package for the Mitigation and, thereafter, to conform to the provisions of the
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Authorizing Agencies approved Eagle Ridge Preserve – East Property Mitigation Proposal by
performing those tasks described in Schedule 2 hereto, all on the terms and conditions set
forth below. Rocky Ridge desires to enter into this Agreement with City pursuant to which
Rocky Ridge agrees to prepare and provide a Land Package for the Mitigation that the City
will use during City’s Mitigation approval process and to perform the other work described
in Schedule 2 hereto which is required by the City Mitigation Proposal, all on the terms and
conditions set forth below.
Now, therefore, Rocky Ridge and City agree as follows:
1. Definitions. The preamble and recitals set forth above are hereby incorporated by
reference. For purposes of this Agreement the following terms shall have the following
meanings:
1.1. Authorizing Agencies. Any governmental agency, including but not limited to, the U.S.
Army Corps of Engineers, U.S. Fish & Wildlife Service, San Francisco Bay Regional
Water Quality Control Board, and California Department of Fish & Wildlife having
jurisdiction to authorize the City’s permits and impose enforceable conditions of
authorization.
1.2. City’s Mitigation Proposal. City’s Mitigation Proposal means the proposal prepared by
Rocky Ridge, that the City will submit to Authorizing Agencies to meet their permit
requirements to mitigate for impacts to wetlands and CRLF associated with the Croak
Road Ditch/Drainage Maintenance Project. The City is submitting the City’s Mitigation
Proposal in two parts, an Initial Mitigation Proposal and a Formal Mitigation Proposal
(a.k.a. the Land Package), each described as follows:
1.2.1. Initial Mitigation Proposal. A conceptual mitigation proposal prepared by Rocky
Ridge which provides general location information and a conceptual description
regarding how mitigation would satisfy Authorizing Agencies Mitigation
Requirements for the Project.
1.2.2. Formal Mitigation Proposal. A detailed submission of materials prepared by
Rocky Ridge for City’s Mitigation and submitted to Authorizing Agencies for review
and formal approval of the Eagle Ridge Preserve East Property. The materials to be
submitted include a Mitigation and Management Plan proposal, Title Report, Phase
I Environmental Site Assessment Report, Mineral Rights Assessment Report, draft
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conservation easement covering a portion of Eagle Ridge Preserve - East Property,
a long-term endowment calculation spreadsheet, and other relevant supporting
documentation as may be determined necessary by Authorizing Agencies and
Rocky Ridge.
1.3. City’s Croak Road Ditch/Drainage Maintenance Project. City’s Croak Road
Ditch/Drainage Maintenance Project means sediment removal and drainage
reestablishment activities along a portion of Croak Road that City intends to perform in
the City of Dublin, Alameda County, California.
1.4. City Property. That certain real property owned by the City of Dublin, located in
Alameda County, California, where sediment removal and drainage reestablishment
activities, subject to approval by the Authorizing Agencies, are to be performed by GH
Pac-Vest, at City’s direction, and which activities are subject to, among other things,
satisfaction of the conditions set out in Schedule 1 hereto.
1.5. City Permits. Those permits that are required for City to engage in City’s Project,
including without limitation any U.S. Army Corps of Engineers, U. S. Fish & Wildlife
Service, Regional Water Quality Control Board, and California Department of Fish &
Wildlife approvals, all of which shall be obtained from the Authorizing Agencies by City,
at City’s sole cost and expense.
1.6. Days. Calendar days provided if the day for performance falls on a weekend or a legal
holiday (as defined in the California Civil Code), the time for such performance shall be
extended until the next following working day.
1.7. Eagle Ridge Preserve - East Property. That real property described in Exhibit A hereto.
1.8. Formal Mitigation Proposal Approval. “Formal Approval” is associated with agency
review and approval of submitted materials (the Mitigation and Management Plan
Proposal, title report, phase 1, mineral rights assessment, review, conservation
easement and long-term endowment, and other supporting documentation). This is
referred to as the “Lands Package” approval. Authorizing Agencies will issue a formal
letter of approval or permit/authorization. Issuance of the Lands Package approval
letter officially approves the proposed mitigation allowing for implementation of the
mitigation including recordation of the agency approved conservation easement.
1.9. Initial Mitigation Proposal Approval. “Initial Mitigation Proposal Approval” means the
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initial approval from each of the Authorizing Agencies, based on preliminary review of
materials generally describing location and mitigation approach, indicating that the
Mitigation Site is conditionally approved by agency staff pending full agency mitigation
and management review. Authorization is usually received either by official agency
letter or email.
1.10. Land Package. Documentation required by Federal and State Authorizing
Agencies to approve City’s proposed compensatory mitigation at the Rocky Ridge’s
Eagle Ridge Preserve East Property for the Project impacts and prior to any agencies
becoming a third part beneficiary to a Conservation Easement.
1.11. Mitigation. Mitigation means the establishment of suitable and available habitat
on the Mitigation Site for compensation for seasonal wetlands and CRLF habitat
preservation pursuant to requirements of the Authoriz ing Agencies as set forth in the
Mitigation Requirements and recordation of the conservation easement.
1.12. Mitigation Services. Mitigation Services means all services, material, and labor
necessary or required to prepare, seek, and obtain Authorizing Agencies’ approval of
the Land Package and, thereafter, to complete those mitigation tasks described in
Schedule 2 hereto which are requirements of the Authorizing Agencies approved Croak
Road Ditch/Drainage Maintenance Project Mitigation Requirements as pertains t o the
Eagle Ridge Preserve - East Property.
1.13. Mitigation Services Fee. Rocky Ridge Mitigation Services Fee has the meaning set
forth in Section 3.
1.14. Mitigation Services Fee Deposit. Mitigation Services Fee Deposit has the meaning
set forth in Section 3.1
1.15. Mitigation Site. Mitigation Site means that portion of the Eagle Ridge Preserve -
East Property that is suitable and available for compensation for seasonal wetland
establishment and CRLF habitat preservation pursuant to requirements of the
Authorizing Agencies. The Mitigation Site shall be verified upon completion of the
Mitigation as described in the plat and legal attached to the recorded Conservation
Easement.
1.16. Non-refundable Deposit. Non-refundable Deposit has the meaning given in
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Section 4.
1.17. Performance Standards. Performance Standards means the observable or
measurable physical (including hydrological), chemical and/or biological attributes that
the Authorizing Agencies will use to determine if the Mitigation meets the objectives as
established in the Initial Mitigation Proposal.
1.18. Preservation. Preservation means the removal of a threat to, or preventing the
decline of, special-status species habitat. This term includes activities commonly
associated with the protection and maintenance of suitable special status species
habitat through the implementation of appropriate legal and physical mechanisms.
Preservation does not result in a gain or loss of aquatic resource area or functions.
2. Agreement to Provide Mitigation Services. Rocky Ridge agrees, at its own cost and
expense, to perform the Mitigation Services within the time periods required by the
Authorizing Agencies’ permits for the Project. The Mitigation Services shall be performed at
Rocky Ridge’s sole cost and expense and at no additional cost or expense to City except for
payment of the Mitigation Services Fee.
3. Mitigation Services Fee. Mitigation Service Fee consists of the following:
3.1. Mitigation Service Fee. Within ten (10) business days after execution of the Escrow
Agreement as defined in this section by the City, Rocky Ridge and Escrow Holder, City
shall deliver the sum of Nine Hundred and Eighty Four Thousand Dollars and No One
Hundredths ($984,000) (the “Mitigation Services Fee ”) to the licensed, insured escrow
company identified by Rocky Ridge (“Escrow Holder”) to be held in an interest bearing
escrow account and thereafter disbursed as set forth in this Agreement and as specified
in the agreement with the Escrow Holder the form of which is attached hereto as
Exhibit B (the “Escrow Agreement”).
3.2. Mitigation Services Fee Deposit. The Escrow Agreement shall provide that upon receipt
of “Mitigation Services Fee,” the Escrow Holder shall deliver to Rocky Ridge a deposit
amount equal to 10% of the Mitigation Services Fee (the “Mitigation Services Fee
Deposit"). This initial deposit of 10% is fully refundable until the “Initial Mitigation
Proposal Approval” from the Authorizing Agencies.
3.3. Mitigation Service Fee Payment. The Escrow Agreement shall provide that except in the
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circumstances described in Section 5, below, upon “Formal Mitigation Site Approval” of
City’s Mitigation by the Authorizing Agencies the remainder of the Mitigation Services
Fee, including any additional Mitigation Service Fees (approved by both parties), and
any interest earned thereon, shall be released by the Escrow Holder and paid to Rocky
Ridge. Upon such release, City shall be deemed to have paid the Mitigation Services
Fee. All reasonable escrow fees under the Escrow Agreement shall be paid by City.
4. Cancellation of City’s Project. The Escrow Agreement shall provide that subject to Section
3.2, if, after the Initial Mitigation Proposal Approval and prior to the submittal date of the
Formal Mitigation Proposal to the Authorizing Agencies, if for any reason the City gives
written notice to Rocky Ridge that it will not go forward with City’s Mitigation Proposal, the
Escrow Holder shall, release from the Escrow and pay to Rocky Ridge the sum equal to 20%
of the Mitigation Services Fee Deposit, including interest earned thereon (“Non-refundable
Deposit”), which shall then be deemed earned in full by Rocky Ridge, and that the balance
of the Mitigation Services Fee Deposit shall be returned to City and the Escrow cancelled.
This Agreement shall then terminate in its entirety and Rocky Ridge shall thereafter have no
further obligations hereunder. City agrees that the Non-refundable Deposit amount shall
be due and payable to Rocky Ridge for its services rendered from the Effective Date until
the date of cancellation of the escrow under the terms of this paragraph.
5. Term of Agreement. Subject to Section 4, above, the term of this Agreement shall
commence on the date the City Council approves the Agreement and the City’s obligations
shall terminate on the date that City obtains closure letters, e-mail acknowledgements or
other forms of notification from the Authorizing Agencies that the Performance Standards
have been met. Rocky Ridge shall continue to have an enforceable duty hereunder to
perform any long-term management activities required by the Formal Mitigation Proposal
Approval or conservation easement, whether or not the City is a party to the conservation
easement.
6. Performance of Mitigation Services. In performing the Mitigation Services, Rocky Ridge
may engage the services of consultants, contractors, subcontractors, and such other parties
(“Rocky Ridge’s Contractors”) as Rocky Ridge, in its discretion, may deem advisable. City
shall have no contractual relationship with Rocky Ridge’s Contractors, all of whom shall be
retained solely by Rocky Ridge and for whom Rocky Ridge shall be solely responsible.
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7. City Responsibilities.
7.1. City Permits. At its sole cost and expense, City shall obtain all necessary
government authorizations for the work contemplated by City for the City’s Project,
including acceptance by Authorizing Agencies of the Mitigation Site location and
acreage. If Rocky Ridge’s Mitigation Services are delayed as a result of a delay in City
obtaining the City Permits, then the time period for Rocky Ridge’s completion of the
Mitigation Services shall be extended by the amount of delay so caused.
7.2. Delivery of Documents. Within ten (10) days after execution of this document,
City shall deliver to Rocky Ridge true and correct copies of (i) all current permit
applications for City’s Croak Road Ditch/Drainage Maintenance Project, (ii) copies of
correspondence with Authorizing Agencies relevant to performance of Mitigation
Services by Rocky Ridge, (iii) copies of final existing maps relating to Croak Road Ditch/
Drainage Maintenance Project and (iv) any reports, investigations, studies or other
documentation related to City’s applicable mitigation requirements.
8. Amendment to Approved Mitigation Proposal. Rocky Ridge agrees that it shall not have
any right to, amend, modify, revise, or otherwise change the approved Mitigation
Requirements. Rocky Ridge may negotiate with the Authorizing Agencies to amend, modify,
revise or change the Formal Mitigation Proposal Approval, so long as any such acts (i) do not
negatively impact any other conditions pertaining to City’s Project, (ii) do not result in any
cost or expense to City, and (iii) do not extend any dates for City’s commencement and
completion of the Croak Road Ditch/ Drainage Maintenance Project. If requested by Rocky
Ridge, subject to the foregoing provisions of this Section 8, City shall reasonably cooperate
with Rocky Ridge to amend, modify, revise, or change the approved City’s Mitigation to the
extent that it does not impose a material financial obligation on the City . Without limiting
the foregoing, the City agrees to execute and deliver to Rocky Ridge or any governmental
agency such authorizations as may be required to allow Rocky Ridge to apply for or agree on
City’s behalf to a modification, revision or change, so long as such modification, revision or
change is consistent with this Section 9.
9. Mitigation Restrictions. This Agreement is a contract between Rocky Ridge and City for the
purchase of Mitigation and provision of services to establish and preserve such Mitigation.
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City has, and by this Agreement shall acquire, no real property interest of any kind or nature
in the Eagle Ridge Preserve - East Property. However, if the approved City Mitigation
requires City to provide to any governmental agency a recorded Conservation Easement or
deed restriction on the Rocky Ridge Property (“Mitigation Restriction”), Rocky Ridge shall
provide such Mitigation Restriction on the appropriate portion of the Eagle Ridge Preserve -
East Property. City understands that multiple mitigation rights transfers arising from the
Eagle Ridge Preserve - East Property may be made by Rocky Ridge and that Rocky Ridge
retains all such rights, except for Mitigation Restrictions that the Authorizing Agencies
expressly require as part of City’s Mitigation. Excepting any Mitigation Restriction
transferred to or for the benefit of City under the terms and conditions of this Agreement,
Rocky Ridge shall retain all rights in or to the Eagle Ridge Preserve - East Property and may
hold, own, operate, develop and dispose of the Eagle Ridge Preserve - East Property and
mitigation rights appurtenant thereto as Rocky Ridge sees fit, without consent,
participation, or approval from City. Recordation of any Mitigation Restriction shall not
occur until Rocky Ridge has received all consideration it is to receive from City under the
terms of this Agreement.
10. General Provisions
10.1. Notices. Any and all written communications required or permitted by this
Agreement or by law to be served or given by any party hereto to the othe r party shall
be in writing and deemed served and given when personally delivered. In lieu of
personal service, notices may be delivered by U.S. mail, certified or registered, return
receipt requested, in which event the notice shall be deemed received on ly when
actually received, as evidenced by an executed receipt for delivery as reflected by
postal service notation. Notice also may be sent by recognized nationwide delivery
service (such as Federal Express, UPS, DHL or Airborne Express). Any notice sent by
recognized nationwide delivery service shall be deemed delivered on the date delivery
is effected. Further, notice may be delivered by electronic telecommunication of such
written notice in which event notice shall be deemed given when such written
telecommunication is received by the party to be notified. The party sending any
notice given by telecommunication shall also send a copy not later than the following
business day by U.S. Mail or recognized nationwide delivery service.
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Any notice to be delivered to Rocky Ridge shall be addressed to:
Jeff Olberding
Rocky Ridge, LLC
193 Blue Ravine Road, Suite 165
Folsom, California 95630
Any notice to be delivered to City shall be addressed to:
Either party may, by written notice to the other, change the address to which notices
shall be sent thereafter.
10.2. Attorneys' Fees. If any action or proceeding is commenced between the parties
concerning this Agreement, the Eagle Ridge Preserve - East Property, the preparation of
the Land Package and Mitigation Services, or the rights and duties of either party in
relation thereto, whether an action for damages, equitable or declaratory relief, the
prevailing party in such action or proceeding, in addition to other relief awarded, shall
be entitled to receive from the other party all costs and expenses, including reasonable
attorneys' fees, incurred by the prevailing party in connection with the action or
proceeding. Venue for any legal action under this Agreement shall be Alameda County.
10.3. Entire Agreement. This Agreement constitutes the entire agreement between
Rocky Ridge and City with respect to the Eagle Ridge Preserve - East Eagle Ridge
Preserve - East Property and Rocky Ridge’s performance of Land Package preparation
and Mitigation Services. This Agreement supersedes all other agreements, letters,
memoranda, or understandings whether oral or written, between the parties
respecting the Subject Eagle Ridge Preserve - East Eagle Ridge Preserve - East Property
and the Mitigation Services. This Agreement may not be modified by either party by
oral representation made before or after the execution of this Agreement. All
modifications, amendments or additions to this Agreement must be in writing signed by
Rocky Ridge and City.
10.4. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the respective permitted assigns, heirs, successors, and legal representatives
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of each of the parties. Rocky Ridge may not assign this Agreement without the prior
written consent of City.
10.5. Headings. The headings in this Agreement are for the purpose of reference only
and shall not limit or define the interpretation of the content of this Agreement.
10.6. Counterparts. This Agreement may be executed in any number of counterparts
or duplicate originals, including by means of facsimile or PDF, each of which is an
original for all purposes.
10.7. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of California without regard to conflict of law rules.
10.8. Severability. Any term or provision of this Agreement that is invalid or
unenforceable in any situation in any jurisdiction shall not affect the validity or
enforceability of the remaining terms and provisions hereof or the validity or
enforceability of the offending term or provision in any other situation or in any other
jurisdiction.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective
dates set forth below.
City :
Dated: By:
Printed Name: Linda Smith
Title: City Manager
Rocky Ridge:
ROCKY RIDGE, LLC,
a California limited liability company
Dated: By:
PRINTED NAME: Jeff Olberding
Title: Member/Manager
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EXHIBITS
EXHIBIT A. Rocky Ridge Property Description
EXHIBIT B. Form of Escrow Agreement
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SCHEDULES
SCHEDULE 1. City shall provide the following:
1. City’s Initial Mitigation Proposal shall include the mitigation objective, Mitigation Site
location, and Mitigation approach (rationale regarding applicability and successful
implementation) proposed to be used as mitigation to meet Federal and State agencies
requirements for the establishment of 1.002 acres of seasonal wetlands and listed
species mitigation which requires the preservation of 3.003 acre of upland habitat
suitable for the California Red-Legged Frog.
2. City shall obtain all Local, State and Federal Permits or authorizations necessary for City
to conduct City’s Croak Road Sediment Removal Project.
SCHEDULE 2. Rocky Ridge shall provide the following Mitigation Services and Mitigation
consisting of:
1. Land Package. Preparation of, and assistance with obtaining from the Authorizing
Agencies approval of a Land Package for City’s proposed Eagle Ridge Preserve – East
Property Mitigation Site as defined by City’s Mitigation Proposal. The Land Package shall
include, if applicable, the following items:
a. Draft Conservation Easement
b. Phase I Environmental Site Assessment Report
c. Mineral Assessment Report
d. Preliminary Title Report
e. Grantor’s Policy of Title Insurance
f. County Assessor Parcel Map(s)
g. Vicinity or Site Location Map
h. Land Management Plan (the Mitigation and Management Plan)
i. Biological Resources Report
j. Any other items reasonably requested by the Authorizing Agencies
2. Upland Land Preservation. Preservation of 3.003 acres of upland habitat within the
Eagle Ridge Preserve - East Property suitable for the California Red-Legged frog, in
consideration of applicable Performance Standards; and
3. Long-Term Management. Perform the long-term (“in-perpetuity”) Mitigation Site
management of the Eagle Ridge Preserve - East Property and reporting responsibilities
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that are required by Authorizing Agencies in the Formal Mitigation Proposal Approval.
5132313.1
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AGREEMENT REGARDING ACQUISITION OF OFF-SITE MITIGATION
PROPERTY TO ACCOMMODATE DRAINAGE DITCH MAINTENANCE
OBLIGATIONS
THIS AGREEMENT (this “Agreement”) is entered into effective as of July 19, 2022
(“Effective Date”) by and between the City of Dublin, a municipal corporation and California
general law city (“City”) and GH PacVest, a Delaware limited liability company
(“Landowner”) of the Croak Road property in Eastern Dublin. City and Landowner are
hereinafter collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
A.Landowner owns certain real property located in the City of Dublin, County of
Alameda, State of California located at the intersection of Croak Road and Interstate 580
occupied by a ditch and outfall maintained by the City. Landowner is required to construct or
install certain storm drainage improvements within the City right-of-way to address drainage
conditions within the City right-of-way that also affect Landowner’s Property
(“Improvements”).
B.The construction or installation of the Improvements requires the acquisition of
rights to purchase mitigation for the impacts of the Improvements on California Red Legged
Frog (“CRLF”) and wetlands habitat, which mitigation will be established and preserved on
certain mitigation land owned by Rocky Ridge, LLC known as the Eagle Ridge Preserve – East
Property (referred to as the “Off-Site Mitigation”) located within the counties of Contra Costa
and Alameda, in which land neither the Landowner nor the City presently has sufficient title or
interest to establish the Off-Site Mitigation.
C.In reliance on this Agreement, the City has simultaneously herewith entered into
that certain Contract for Transfer of Mitigation and Performance of Mitigation Services with
Rocky Ridge, LLC (the “Mitigation Agreement”) to be effective as of the ______ day of
_____2022 when the Escrow Agreement set forth in Section 3.2 of the Agreement is executed
(the “Effective Date”) for the provision of mitigation services and Off-Site Mitigation as further
defined in the Mitigation Agreement. The Mitigation Agreement is referred to and incorporated
herein by this reference.
D.The purpose of this Agreement is to set forth the terms of Landowner’s payment
of its proportionate share of all costs and expenses of Rocky Ridge, LLC providing Mitigation
Services and the Off-Site Mitigation as further defined in the Mitigation Agreement.
Therefore, for the promises, covenants, agreements, and consideration set forth herein,
the receipt of which is hereby acknowledged, the Parties agree as follows:
Attachment 3
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AGREEMENT
1. ACQUISITION OF OFF-SITE MITIGATION. The City agrees to fund the
acquisition of the Off-Site Mitigation and the payment for Mitigation Services pursuant to the
terms of the Mitigation Agreement in the amount of Nine Hundred and Eighty-Four Thousand
Dollars and No One-Hundredths ($984,000.00).
2. CONSTRUCTION OF IMPROVEMENTS. Within 180 days after the City
certifies in writing to the Landowner that the City owns or has the right of possession to the Off-
Site Mitigation, Landowner or its successor in interest shall commence construction of the
Improvements and thereafter diligently prosecute construction of the Improvements to their
completion in accordance with the timing set forth in the Encroachment Permit and the Resource
Agency Permits, all at Landowner or its successor’s sole cost.
3. PAYMENT OF OFF-SITE MITIGATION COSTS. The Landowner shall pay the
costs and expenses of acquiring the Off-Site Mitigation (the “Off-Site Mitigation Costs”), which
amount shall not exceed Nine Hundred and Eighty-Four Thousand Dollars and No One-
Hundredths ($984,000.00). “Off-site Mitigation Costs” for the purposes of this Agreement
include but are not limited to the following:
a. The deposit necessary to secure Rocky Ridge’s commitment to provide the
Off-Site Mitigation.
b. The purchase price or compensation for the Off-Site Mitigation.
c. The endowment for the long term management of the conservation
easement area based on the property analysis record (“PAR”).
d. The cost of Rocky Ridge providing Mitigation Services including the
preparation of the Permit applications needed to obtain approval for the Resource Agency
Permits in order for Rocky Ridge to establish the Off-Site Mitigation at the Eagle Ridge
Preserve – East Property.
At the option of the City and upon reasonable, advance notice to the Landowner, the
Landowner shall make payment of the above costs, amounts, damages, and sums directly to the
person or entity to whom they are payable by the City, provided that the person or entity is
willing to accept such payment from Landowner on City’s behalf. Documentation of each
payment made by the Landowner pursuant to this paragraph shall be simultaneously delivered to
the City.
4. LANDOWNER’S INFORMATION. No later than 90 days1 after the
Effective Date, the Landowner shall provide the City with all information necessary to obtain
Resource Agency Permits, including the following documents and information in writing:
1 Unless otherwise expressly indicated, all references herein to “days” shall mean calendar days.
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a. The proposal for the provision of Off-Site Mitigation for purposes of the
Resource Agency Permits.
b. To the extent already prepared, acted upon and/or approved, evidence of
compliance with CEQA.
c. Conservation easement for the Off-Site Mitigation.
d. The endowment agreement and PAR.
5. OTHER SERVICES. The City may perform such other services as the City, in its
sole discretion, deems necessary for acquisition of the Off-Site Mitigation. These may include,
without limitation, environmental review services and preparation of all permit applications for
the processing of the State and Federal Resource Agency Permits as set forth in the Agreement.
6. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES; PAYMENT.
a. At the same time Landowner submits to the City the information described
in Section 4 (“Information Delivery Date”), above, the Landowner shall deposit with the City
the sum of $984,000 in cash, certified check or cashier’s check, which sum shall cover the costs
and expenses described in Sections 3 and 5 above (“Deposit”).
b. Any portion of the Deposit(s) made by the Landowner that is not used to
cover costs or expenses incurred by the City shall be refunded to the Landowner, with any
interest the City earned on said Deposits, within l0 days after either (i) the Mitigation Agreement
is cancelled pursuant to section 4 or (ii) the date the Bill of Sale for the Off-Site Mitigation is
transferred to the City.
c. Should the City determine, at any time, that funds exceeding the amount
of the Deposit are necessary in order to acquire the Off-Site Mitigation, the City may require
Landowner to submit additional funds to satisfy such need, with payment due as specified in
Section 10.
7. RECORDS. The City shall maintain accurate records of all services performed by
the City and all costs or expenses incurred by the City.
8. HOLD HARMLESS. The Landowner agrees to defend, indemnify, save and hold
harmless the City, its Council, commissions, boards, officers, employees, volunteers, and agents
from and against any and all costs, expenses or liability incurred by the City or the Landowner in
connection with the Landowner’s acts, errors, or omissions committed in the performance of or
pursuant to this Agreement, or otherwise related directly or indirectly to the acquisition of the
Off-Site Mitigation. The Landowner shall indemnify the City for any and all costs, expenses and
attorney’s fees incurred by City in enforcing this Section 14.
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9. SEVERABILITY. Should any provision of this Agreement be held to be invalid
or unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining
provisions of this Agreement.
10. PAYMENT OBLIGATION. The Landowner shall make all payments required to
be made hereunder within the time specified hereunder, as specified by law or within 30 days of
the Landowner’s receipt of a demand therefor, whichever is earlier. All payments if not timely
made by the Landowner shall accrue interest at the rate specified by the law, or ten percent
(10%) per annum, whichever is greater, until the payment in question is fully paid.
11. NOTICES. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written notice
delivered to the other parties in accordance with this Section. All such notices shall be sent by:
personal delivery, in which case notice is effective upon delivery; certified or registered mail,
return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is
confirmed by a return receipt; nationally recognized overnight courier, with charges prepaid or
charged to the sender’s account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or email , in which case notice shall be deemed delivered
upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first
class or certified mail or by overnight delivery. Any notice given by email shall be considered to
have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on
a non-business day.
City:
City of Dublin
City Manager
100 Civic Plaza
Dublin, CA 94568
Email: Linda.Smith@dublinca.gov
Phone: (925) 372 -3505
City of Dublin
John Bakker
City Attorney
1999 Harrison Street, 9th Floor
Oakland, CA 94612
Email:
Phone:
Landowner:
GH PacVest,
_________, President
Phone:
Email:
Alicia Guerra, Esq.
Buchalter, a Professional Corporation
425 Second Street, 29th Floor
San Francisco, CA 94105
Phone: (415) 227-3508
Email: aguerra@buchalter.com
Either party may change its address by written notice to the other in the manner
set forth above.
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12. LIABILITY IS JOINT AND SEVERAL. The City and Landowners’ liability for
City’s performance hereunder shall be joint and several.
13. INCORPORATE RECITALS . The Recitals are incorporated by this reference.
14. BINDING ON SUCCESSORS. This Agreement shall be binding upon and inure
to the benefit of the parties’ successors, heirs, and assigns, and by the approval hereof, it is the
intention of the parties to give notice to and bind their successors, heirs and assigns hereto. The
parties intend that this Agreement and its terms and conditions shall run with the land and shall
be deemed a covenant running with the land and an equitable servitude. This Section 14 shall
survive termination of this Agreement for any reason.
IN WITNESS WHEREOF the Parties hereto execute this Agreement on the dates written
below.
City of Dublin
By: Dated:
, City Manager
Approved as to form:
By:
, City Attorney
GH PacVest
By: Dated:
Approved as to form:
By:
Alicia Guerra, Attorney for
GH PacVest
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EXHIBIT “A’’
Description of Off-Site Mitigation
5132328.1
178
WETLAND MITIGATION & MONITORING PLAN
FOR THE
CROAK ROAD DITCH / DRAINAGE
MAINTENANCE PROJECT
City of Dublin,
Alameda County, California
Applicant/Permittee:
CITY OF DUBLIN
100 Civic Plaza
Dublin, California 94568
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulatory Consultants
193 Blue Ravine Road, Suite 165
Folsom, California 95630
Attn: Jeff Olberding
(916) 985-1188
jeff@olberdingenv.com
MARCH 2022
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TABLE OF CONTENTS
1.0 SUMMARY ........................................................................................................................... 1
1.1 Summary ....................................................................................................................... 1
1.2 Responsible Parties ....................................................................................................... 2
1.2.1 Permittee ........................................................................................................... 2
1.2.2 Land Manager ................................................................................................... 2
1.2.3 Project Biologist................................................................................................ 3
1.3 Project Description........................................................................................................ 3
2.0 Objectives .............................................................................................................................. 4
2.1 Habitat Establishment (Creation) .................................................................................. 4
2.1.1 Seasonal Wetland Establishment ...................................................................... 4
3.0 BASELINE INFORMATION ............................................................................................... 6
3.1 Location ........................................................................................................................ 6
3.2 Landscape Position ....................................................................................................... 6
3.3 Topography and Elevations .......................................................................................... 6
3.4 Watershed Description .................................................................................................. 7
3.5 Climate and Precipitation .............................................................................................. 7
3.6 Soils............................................................................................................................... 7
3.7 Historic, Existing, and Surrounding Land Uses............................................................ 8
3.8 Cultural ......................................................................................................................... 8
3.9 Vegetation ..................................................................................................................... 8
3.9.1 Project Area Habitat Types ............................................................................... 8
3.9.2 Mitigation Property Habitat Types ................................................................... 9
3.10 Wetlands/Waters of the U.S. ....................................................................................... 10
3.11 Special-Status Species ................................................................................................ 10
4.0 IMPLEMENTATION PLAN .............................................................................................. 14
4.1 Implementation Approach and Sequence ................................................................... 14
4.2 Site Preparation ........................................................................................................... 15
4.3 Grading ....................................................................................................................... 15
4.4 Revegetation of Disturbed Areas ................................................................................ 15
4.5 Implementation Schedule ............................................................................................ 17
4.6 Documentation of As-Built Conditions ...................................................................... 17
5.0 MAINTENANCE PLAN ..................................................................................................... 17
5.1 Pest Plant and Wildlife Species .................................................................................. 17
5.2 Fencing ........................................................................................................................ 18
6.0 PERFORMANCE STANDARDS ....................................................................................... 19
7.0 MONITORING AND REPORTING ................................................................................... 19
7.1 Seasonal Wetland Monitoring..................................................................................... 22
7.2 Non-Native Invasive Vegetation Monitoring ............................................................. 22
7.3 Photo Documentation.................................................................................................. 23
7.4 Annual Report ............................................................................................................. 23
8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES................................................ 25
9.0 REFERENCES AND LITERATURE CONSULTED ........................................................ 27
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LIST OF ATTACHMENTS
ATTACHMENT 1 ~ FIGURES
Figure 1 Regional Map
Figure 2 Project Vicinity
Figure 3 USGS Topographic Map
Figure 4 Project Area Aerial Photo
Figure 5 Mitigation Property Aerial Photo
Figure 6 Project Area Jurisdictional Delineation
Figure 7 Eagle Ridge Preserve - East Jurisdiction Delineation
Figure 8 Project Impacts
Figure 9 Off Site Mitigation Plan
ATTACHMENT 2 ~ REPRESENTATIVE PHOTOGRAPHS
ATTACHMENT 3 ~ HYDROLOGY REPORT
This report should be cited as: Olberding Environmental, Inc. March 2022. Wetland Mitigation and Monitoring Plan
for the Croak Road Ditch/Drainage Maintenance Project, Alameda County, California. Prepared for the City of
Dublin, Dublin, California.
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1.0 SUMMARY
1.1 Summary
Olberding Environmental, Inc. (Olberding Environmental) has prepared this Wetland Mitigation
Monitoring Plan (MMP) on behalf of the City of Dublin (Permittee) to provide compensatory
mitigation for impacts to wetland habitat resulting from the Croak Road Ditch/Drainage
Maintenance Project (Project).
The Project is located within the City of Dublin, along the east shoulder of Croak Road, north of
Interstate 580 (I-580). The Project Area encompasses approximately 1.69 acres (Attachment 1,
Figure 1-4). The northern boundary of the Project Area is located at the intersection of Dublin
Boulevard and Croak Road, and the Project Area runs south for approximately 1,200 feet along
Croak Road before terminating.
The proposed Project involves the excavation of accumulated sediment (233 cubic yards) from
an existing engineered roadside ditch, reestablishing the historic capacity and function within the
City of Dublin drainage facility. The ditch, located along the eastern embankment of Croak
Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the
Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a
majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south,
to the culverted crossing of Croak Road where it parallels the I-580 Freeway. Due to the buildup
of sediment in the ditch, flows are now redirected across the adjacent property (Chen Property).
Proposed maintenance (removal of sediment and reestablishment of the original engineered
configuration of the ditch) and replacement of the buried culvert under Croak Road, would
restore the deteriorated facility to its historic function.
The Project will result in the permanent fill of jurisdictional wetland/waters that total 0.501 acre
(97.7 cubic yards) (Attachment 1, Figure 8). The 0.501 acre of permanently impacted wetlands
will be mitigated at a 2:1 ratio (1.002 acre) and constructed within the nearby Eagle Ridge
Preserve – East Property.
This MMP includes summary information about the Mitigation Property; objectives for the
compensatory replacement, implementation specifications, including underlying rationale for
expecting success; maintenance and monitoring provisions, and contingency measures.
The wetland mitigation and monitoring plan presented herein is subject to approval by the
regulatory agencies, which includes the U.S. Army Corps of Engineers (USACE), the California
Department of Fish and Wildlife (CDFW), and the California Regional Water Quality Control
Board (RWQCB).
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1.2 Responsible Parties
1.2.1 Permittee
The Permittee is:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Contact: Ms. Laurie Sucgang
(925) 833-6630
The Permittee responsibilities include the following:
• Ensuring the implementation of all construction and management activities associated
with the achievement of performance standards and as described in the MMP.
• Ensuring that all activities associated with establishing the Mitigation Property are
funded and implemented, including recordation of a Conservation Easement, start-up
activities (signage, infrastructure development, as applicable), construction of the
wetlands, etc.
• Providing long-term funding to ensure management as described in the MMP.
Any subsequent grading, or alteration of the topography and/or hydrology of the Mitigation
Property by the Permittee or its representatives must be approved by the USACE, CDFW, and
RWQCB; and the necessary environmental permits, such as a Section 404 permit, must be
obtained, if required.
1.2.2 Land Manager
The Land Manager will oversee mitigation habitat construction, plant installation, and
maintenance during the 5-year habitat establishment period. The Land Manager is responsible
for the following:
• Coordinating mitigation site implementation,
• Assist the contractor with grading and plant installation.
• Coordinate maintenance activities with the landscape maintenance contractor.
• Conducting management activities to preserve and enhance habitat and conservation
values in accordance with this MMP.
• Implementing management activities as described in this MMP, including but not limited
to:
o Maintaining and replacing signs and other infrastructure, as needed.
o Collecting and removing trash.
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o Preparing and submitting annual reports.
1.2.3 Project Biologist
The Permittee shall implement this MMP for biological impacts and monitor the mitigation
program in accordance with this MMP.
The Project Biologist will monitor habitat on the impact sites. The Land Manager and Project
Biologist can be the same entity. The Project Biologist will be a professional botanist, biologist,
or restoration ecologist familiar with California flora and fauna, and will have a working
knowledge regarding protected habitats and species as defined by the resource agencies. The
Designated Biologist must also be familiar with vegetation management practices for
maintaining the created habitats.
The Project Biologist will have demonstrated experience in monitoring sensitive resource issues
on construction and/or mitigation projects. Specifically, the monitor will have at least four years
of university training in wildlife biology or a related science and/or has demonstrated field
experience in the identification and life history of the listed species and natural history of
sensitive resources in the vicinity of the Project.
1.3 Project Description
The proposed Project involves the excavation of accumulated sediment (233 cubic yards) from
an existing engineered roadside ditch, reestablishing the historic capacity and function within the
City of Dublin drainage facility. The ditch, located along the eastern embankment of Croak
Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the
Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a
majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south,
to the culverted crossing of Croak Road where it parallels the I-580 Freeway. Due to the buildup
of sediment in the ditch, flows are now redirected across the adjacent property (Chen Property)
and a portion or Croak Road. Proposed maintenance (removal of sediment and reestablishment
of the original engineered configuration of the ditch) would restore the deteriorated facility to its
historic function. Attachment 1, Figures 7 and 8, depict the Project’s impacts and mitigation.
The Project will result in the permanent fill of Waters of the State that total 0.501 acre (97.7
cubic yards) of wetlands/waters resulting from Project development.
As shown in Table 1 below, there would be impacts to two jurisdictional features, one large
freshwater emergent wetland, and one small seasonal wetland swale, totaling 0.501 acre. These
permanently impacted wetland/waters would be mitigated at a 2:1 ratio (1.002 acres)
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Table 1: Water Bodies Impacted
Wetland/Waters
(Type)
Existing
(acres)
Impacted
(acres)
Freshwater Emergent Wetland 0.54 0.49
Seasonal Wetland Swale 0.002 0.002
Culvert Replacement 0.009 0.009
Total Wetlands/Waters 0.551 0.501 Total
The mitigation requirement is to create 1.002 acres of seasonal wetland habitat. The Permittee is
proposing to establish (create) 1.002 acre of jurisdictional wetlands within nearby Eagle Ridge
Preserve – East Property (Mitigation Property) (Attachment 1, Figure 9). Proposed mitigation
will be provided through construction (establishment/creation) of seasonal wetland habitat.
2.0 OBJECTIVES
The primary objective of the Mitigation Property is to provide compensatory mitigation for un-
avoidable impacts through the establishment of seasonal wetlands. A summary of mitigation
activities is included below in Table 2.
2.1 Habitat Establishment (Creation)
Establishment (creation) means the manipulation of the physical, chemical, or biological
characteristics present to develop a natural resource that did not previously exist at an upland
site. Establishment results in a gain in natural resource area and functions.
The mitigation requirement is to create 1.002 acre of seasonal wetland habitat. The Permittee is
proposing to establish (create) 1.002 acre of jurisdictional seasonal wetlands within the nearby
Eagle Ridge Preserve – East Property.
2.1.1 Seasonal Wetland Establishment
Seasonal wetlands will be established (created) by excavating and grading depressions in
formerly upland areas. Excavation and grading will expose the clay soils to rainfall and storm
water flows that will typically pond and/or saturate the root zone on a seasonal basis during the
late winter through early spring months. Construction of the wetland features in these areas will
include compaction of the clay layer to reduce infiltration. The goal is to provide the
characteristic interception of precipitation and overland flow into seasonal wetlands that will
help to ensure habitat diversity and ecosystem health.
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Table 2: Mitigation Activity Summary
Pre-Construction
Site Conditions Post-Construction Site Conditions
Habitat Types1 Habitat
Types1 Vegetation2 Hydrology Mitigation
Method Acres Cowardin
3 HGM4
Wetland/Waters of the U.S.
Annual Grassland Seasonal
Wetland
A mix of hydric grasses, gramanoids, and
forbs.
Seasonally
flooded Establishment 1.002 PEM1 Depressional
TOTAL 1.002
1. Habitat Types: Habitat types are general common qualitative descriptions such as riparian, marsh, tidal wetlands, open water, seasonal wetlands, vernal
pool, or annual grassland.
2. Vegetation Classification: Vegetation community types are based on the most recent widely accepted classification system, the communities used are
from A Manual of California Vegetation (Sawyer et al. 2009)
3. Cowardin: Use the Classification of Wetlands and Deepwater Habitats of the United States to identify the System, Subsystem, and Class.
4. HGM: Use the Hydrogeomorphic (HGM) Classification of Wetlands to identify the appropriate class. There are seven HGM classes: Riverine, Slope,
Mineral Soil Flats, Organic Soil Flats, Depressional, Estuarine Fringe, and Lacustrine Fringe.
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3.0 BASELINE INFORMATION
3.1 Location
The Project is located in Dublin, Alameda County, California, while the Mitigation Property is
located between Dublin, and Livermore, in Alameda County, California. The Project area is
bordered by I-580 to the south, the newly developed Jordan Ranch parcel to the north, the Chen
Property to the east, and Fallon Road to the west. The Mitigation Property is located between
Manning Road and Collier Canyon Road, approximately 3.5 miles north of I-580 (Attachment 1,
Figures 1-5). Representative photographs of the Project site and Mitigation Property can be
found in Attachment 2.
The Project Area is located within Section 2, Township 03 South, Range 01 East, and the
Mitigation Property is located within Section 18, Township 02 South, Range 02 East Mount
Diablo Base and Meridian as shown on the United States Geological Survey (USGS) Livermore
and Tassajara 7.5-minute quadrangles (Attachment 1, Figure 3).
Access to the Project Area is provided from Interstate 580. From 580, take the El Charro/Fallon
Road exit and make a left onto Fallon Road. Travel north for 0.5 miles then make a right onto
Croak Road, the Project Area will be found on the right.
Access to the Mitigation Property is provided by taking Interstate-580 East from Interstate-680.
Take exit 52B for North Livermore Avenue toward Livermore. Turn left (north) at North
Livermore Avenue and follow it for 3.6 miles. Turn left (west) at Manning Road and follow it
for 1.2 miles before turning left (south) onto the Eagle Ridge Preserve – East Property.
3.2 Landscape Position
The Project Area is located within the Livermore Valley, near the base of a series of hills. The
topography within the Project Area is generally flat, as it is within an alluvial plain. Soils were
formed from alluvium derived from sandstone and shale, and residuum weathered from
calcareous shale. The Project Area is located along the I-580 corridor between the city centers of
Dublin and Livermore.
The Mitigation Property is located within the hills north of the Livermore Valley. The western
portion of the Mitigation Property is flat, with a shallow wetland swale feature flowing north to
south. The remainder of the Mitigation Property gradually slopes up to the east.
3.3 Topography and Elevations
The topography of the Project Area is generally flat. There is a gradual gradient sloping south
along Croak Road, and the road surface is slightly elevated from the adjacent roadside ditch.
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Elevation ranges from approximately 365 feet above sea level in the north and approximately
355 feet above sea level in the south of the Project Area.
The western portion of the Mitigation Property is flat, with an elevation of approximately 730
feet above sea level. A shallow wetland feature bisects the Mitigation Property, flowing north to
south. The Mitigation Property gradually slopes up to the east to approximately 755 feet above
sea level.
3.4 Watershed Description
The Project Area is located within the San Francisco Bay 8-digit hydrologic unit code (HUC
18050004) and the Lower Arroyo Mocho 12-digit HUC (180500040302) which is approximately
32,593 acres in size. This HUC drains the southern part of Livermore, the area north of
Pleasanton, the area east of Dublin, and includes the area north of Tassajara. The wetland
features located within the Project Area are not directly connected to Arroyo Mocho, as they
enter the local storm drain system. A detailed hydrology report can be found in Attachment 3.
The Mitigation Property is located within the San Francisco Bay 8-digit hydrologic unit code
(HUC 18050004). This HUC includes all of the South San Francisco Bay, eastward to include
most of Alameda County. More locally, the Property is within the Lower Arroyo Las Positas 12-
digit hydrologic unit code (HUC 18050040203). This HUC includes most of the Livermore area,
north and south of I-580.
3.5 Climate and Precipitation
The Livermore Valley of California is characterized by a Mediterranean climate of hot, dry
summers and a mild, wet winter. In a typical year, two thirds of the precipitation falls during the
“rainy season” of November through February. The valley runs in an east to west direction with
hills and low mountains surrounding it. The valley is located approximately 12 miles inland from
the San Francisco Bay and approximately 25 miles south of the Suisun Bay.
The annual average rainfall for the Livermore area is 14.92 inches (NOAA 2021). Mean
maximum temperatures range from a low of 57 degrees Fahrenheit in December and January and
a high of 87 degrees Fahrenheit in July and August (NOAA 2021).
3.6 Soils
The USDA Natural Resources Conservation Service (formerly the Soil Conservation Service)
mapped soil types within the County (NRCS 2022). The Project Area contains one soil type:
• RdA: Rincon clay loam, 0 to 3 percent slopes
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Two soil types are found within the Mitigation Property:
• LaD: Linne clay loam, 15 to 30 percent slopes, MLRA 15
• Pb & Pd: Pescadero clay loam, 0 to 6 percent slopes, MLRA 14
The Rincon clay loam is not classified as a Hydric Soil, but both the Linne clay loam and the
Pescadero clay loam soils are classified as Hydric Soils (NRCS 2022). Hydric soils are defined
by the National Technical Committee for Hydric Soils as soils that formed under conditions of
saturation, flooding, or ponding long enough during the growing season to develop anoxic
conditions in the upper part.
3.7 Historic, Existing, and Surrounding Land Uses
The Project Area has existed in a similar state for several decades, consisting of a paved road
with an adjacent roadside ditch. In the early 2000’s several residential and commercial
developments in the area started development, with the most recent development finishing
construction in 2018. The Mitigation Property has also existed in a similar state for several
decades, consisting of open grazing and grassland habitat.
3.8 Cultural
A cultural study was conducted by Peak & Associates, Inc. in 2021 and the report concluded that
there are no known historical sites within the Project Area. If archeological discoveries are
encountered during the course of construction, various mitigation measures will be implemented,
and an archeological mitigation plan will be prepared.
3.9 Vegetation
A wetland delineation of the Project Area was conducted in 2018 and found that the Project site
supports four habitat types that consist of developed, freshwater emergent wetland, ruderal, and
seasonal wetland swale. A wetland delineation of the Mitigation Property was conducted in 2021
and found that the Mitigation Property supports two habitat types that consist of annual grassland
and a seasonal wetland swale. Generalized plant community classifications were used to classify
the habitat types found on the Property. The final classification and characterization of the
habitat types of the Project Area and Mitigation Property were based on field observations.
3.9.1 Project Area Habitat Types
Developed
The developed habitat on the Project consists of the paved road-base of Croak Road. There is
little to no vegetation growing in these areas. Some ruderal species are located along the edge of
the road, or growing from cracks in the pavement, and include Italian ryegrass (Festuca
perennis) and rip gut brome (Bromus diandrus).
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Freshwater Emergent Wetland
There is a large freshwater emergent wetland that runs north to south, parallel and adjacent to
Croak Road. Dominant vegetation within this feature includes narrow leaf cattail (Typha
latifolia), curly dock (Rumex crispus), Italian rye grass (Festuca perennis), baltic rush (Juncus
balticus), flatsedge (Cyperuss eragrostis), Mediterranean barley (Hordeum marnium), and
rabbit’s foot grass (Polypogon monspeliensis). This emergent wetland continues onto the
adjacent Chen Property.
Ruderal/Annual Grassland
There is a small area of ruderal habitat south of Croak Road, but still within the city right-of-
way. This area is surrounding a culvert and consists of highly disturbed and ruderal vegetation
including wild oat (Avena fatua), perennial pepperweed (Lepidium latifolium), black mustard
(Brassica nigra), yellow star thistle (Centaurea solstitialis), and rip gut brome. A large portion
of the Chen Property adjacent to the Project site is currently undeveloped grazing land.
Vegetation in this area includes wild oat, soft chess (Bromus hordeaceous), rip gut brome, Italian
rye grass, yellow star thistle, and Mediterranean linseed (Bellardis trixago).
Seasonal Wetland Swale
There is a small seasonal wetland swale located at the very south end of the Project Area. This
feature is the outlet for the culvert that flows under Croak Road. This feature was dominated by
vegetation such as Baltic rush, Mediterranean barley, curly dock, and wild radish (Raphanus
raphanistrum).
3.9.2 Mitigation Property Habitat Types
Annual Grassland
Most of the Mitigation Property consists of annual grassland habitat that is regularly grazed by
cattle. This annual grassland habitat is dominated by non-native annual grasses and forbs such as
wild oat, ripgut brome (Bromus diandrus), wall barley (Hordeum murinum), Italian ryegrass,
black mustard, milk thistle (Silybum marianum), heron bill filaree (Erodium cicutarium), and
California burclover (Medicago polymorpha).
Seasonal Wetland Swale
There is a long, linear seasonal wetland feature that bisects the Mitigation Property. This feature
begins at the fence line on the north boundary of the Eagle Ridge Preserve – East Property. There
is a small, 6-inch culvert that runs under Manning Road that feeds the feature. The swale then
flows southwest off the Property through one of two culverts and into the West Branch of
Cayetano Creek. While the north end of this feature is unvegetated due to cattle grazing and
wallowing, the rest of this feature is vegetated largely with Mediterranean barley and some
annual grassland species. This feature is very shallow with berms of only 2 – 4 inches but has a
distinct change in vegetation along its boundary.
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3.10 Wetlands/Waters of the U.S.
Hydrological characteristics, flow, and connectivity of the Project Area were determined in 2018
during a wetland delineation following USACE standard protocol on the Property and
surrounding areas under the same ownership. The delineation has not been verified but it
identified the presence of approximately 0.542 acre of wetlands within the study area as shown
on Attachment 1, Figure 6.
Hydrological characteristics, flow, and connectivity of the Mitigation Property were determined
in 2021 during a wetland delineation following USACE standard protocol on the Property and
surrounding areas under the same ownership. The delineation was verified on May 17, 2021 and
includes the seasonal wetland swale that bisects the Mitigation Property (Attachment 1, Figure
7).
3.11 Special-Status Species
A Biological Resource Assessment was completed by Olberding Environmental in 2016 for the
Project Area and in 2022 for the Mitigation Property and found that the Property has the
potential to support numerous special status plants and animals. The presence of seasonal
wetlands on the Property supports a wide variety of wildlife. Special-status species with the
potential to occur are listed below.
• Prostrate Vernal Pool Navarretia (Navarretia prostrata) CNPS 1B. This species is
found in vernal pools and similar habitats. There is a recorded CNDDB occurrence of this
species within the Project Area. The freshwater emergent wetland habitat found east of
Croak Road provides suitable habitat for this species in the Project Area. This species is
not anticipated to occur within the Mitigation Property.
• San Joaquin Spearscale (Atriplex joaquiniana). CNPS List 1B. This species is found
among chenopod scrub, meadows, seeps, playas, and valley and foothill grasslands with
alkaline soils. The freshwater emergent wetland habitat found east of Croak Road
provides suitable habitat for this species within the Project Area. A CNDDB occurrence
of this species occurs immediately west of the Mitigation Property, and may occur within
the Mitigation Property.
• Congdon’s Tarplant (Centromadia parryi ssp. congdonii). CNPS List 1B. This species
typically occurs in valley and foothill grasslands in moist alkaline soils. There is a
recorded CNDDB occurrence of this species within the Project Area. The freshwater
emergent wetland habitat found east of Croak Road provides suitable habitat for this
species within the Project Area. An extant CNDDB occurrence of this species overlaps
with part of the Eagle Ridge Preserve – East Property, therefore it is considered present
within the Mitigation Property.
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• California Red-Legged Frog (CRLF) (Rana draytonii). Federally Threatened,
California Species of Special Concern. This species is found in lowlands, foothill
woodland and grasslands, near marshes, lakes, ponds, or other water sources. These
amphibians require dense shrubby or emergent vegetation closely associated with deep
still or slow moving water. Generally, these frogs favor intermittent streams with water at
least two and a half feet deep and where the shoreline has relatively intact emergent or
shoreline vegetation. CRLF is known from streams with relatively low gradients and
those waters where introduced fish and bullfrogs are absent. There is a recorded CNDDB
occurrence of this species within the Project Area. The freshwater emergent wetland
habitat found east of Croak Road provides suitable habitat for this species within the
Project Area. There is a CNDDB occurrence of this species immediately adjacent to the
Mitigation Property. Due to the close proximity of recent and nearby occurrences, there is
a high potential for CRLF to use the Mitigation Property in a dispersal and upland
capacity.
• California Tiger Salamander (Ambystoma californiense). Federally Threatened,
State Threatened. This species prefers vernal pools and other temporary ponds as
breeding pools. However, they may also use permanent manmade ponds as breeding
habitat. A minimum of ten weeks is required to complete larval development through
metamorphosis, at which time the larvae will normally weigh about ten grams. The
freshwater emergent wetland habitat found east of Croak Road provides suitable habitat
for this species within the Project Area. The Mitigation Property does not contain suitable
CTS breeding ponds; however, the grassland habitat within the site contained structural
features such as small mammal burrows that could provide suitable upland habitat within
a close proximity to known CTS breeding ponds. For these reasons, there is a high
potential for CTS to occur within the Mitigation Property.
• Burrowing Owl (Athene cunicularia). California Species of Special Concern.
Burrowing owls are ground dwelling members of the owl family and are small brown to tan
colored birds with bold spots and barring. Burrowing owls generally require open annual
grassland habitats in which to nest, but can be found on abandoned lots, roads, airports,
and other urban areas. Burrowing owls generally use abandoned California ground
squirrel holes for their nesting burrow, but are also known to use pipes or other debris for
nesting purposes. Burrowing owls prefer annual grassland habitats with low vegetative
cover. A CNDDB occurrence of this species is located east of the Mitigation Property.
Wintering owls have been observed just west of the site at Eagle Ridge Preserve for
many years, most recently in November 2018. The Mitigation Property contains similar
soil composition and grassland habitat as the adjacent Eagle Ridge Preserve to the west of
the site. Additionally, the grasslands within the Mitigation Property provide suitable
foraging habitat within the site, and the ample active ground squirrel burrow complexes
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onsite create suitable breeding habitat for burrowing owl. For these reasons, burrowing
owl may occur in the Mitigation Property in a breeding and foraging capacity.
• Red-shouldered Hawk (Buteo lineatus). State Protected. This medium-sized raptor’s
habitat varies from bottomland hardwoods and riparian areas to upland deciduous or
mixed deciduous-conifer forest, and almost always includes some form of water, such as
a swamp, marsh, river, or pond. A red-shouldered hawk has been previously observed on
the adjacent property to the Project Area. The freshwater emergent wetland habitat
provides potential foraging habitat for the species in the Project Area. This species has
also been observed foraging in the Mitigation Property, and is present in a foraging
capacity.
• Red-Tailed Hawk (Buteo jamaicensis). State Protected. This large raptor forages
among grassland habitat, and nests within large trees. This species has been observed
foraging within the Chen Property, adjacent to the Project Area. The freshwater emergent
wetland and ruderal habitat provide potential foraging habitat for this species in the
Project Area. This species has been frequently observed foraging in the Mitigation
Property and has been recently observed nesting in the Eucalyptus trees immediately
south of the Mitigation Property. Therefore, this species is present within the Mitigation
Property.
• Prairie Falcon (Falco mexicanus). California Species of Special Concern. This raptor
is known to inhabit dry open terrain either in level or hilly habitats. Prairie falcons nest
on cliffs, but will forage far afield. Similar in appearance to the female of the smaller
merlin (Falco columbarius), it shows a darker facial stripe than the merlin. The wings
and tail are pale brown and the underside is cream-colored and heavily spotted. Prey
species are birds and small mammals. This species has a high potential to forage across
the Mitigation Property, but there is no potential for nesting.
• American Kestrel (Falco sparverius). State Protected. This small raptor forages among
open areas with short ground vegetation and sparse trees including meadows, grasslands,
deserts, parks, farm fields, cities, and suburbs. Kestrels utilize cavities in trees for nesting
and hunt small rodents and birds. This species was observed foraging within the Chen
Property, adjacent to the Project Area. The freshwater emergent wetland and ruderal
habitat provide potential foraging habitat for this species in the Project Area. This species
has been frequently observed foraging in the Mitigation Property, and is present in a
foraging capacity.
• White-tailed Kite (Elanus leucurus), CDFW Fully Protected. This small hawk is
found among various grassland habitats, including undisturbed, open grasslands,
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meadows, farmlands, and emergent wetlands. Nests are typically placed near the top of
dense tree stands such as oak or willow and are located near foraging areas. The
freshwater emergent wetland provides potential foraging habitat for this species on the
Project Area. White-tailed kites have been frequently observed foraging in and around
the Mitigation Property during survey events. There are several large willow trees within
the riparian habitat near to the Mitigation Property that could be suitable nest sites for
white-tailed kite. For these reasons, white-tailed kite has a high potential to occur in a
foraging capacity.
• Loggerhead Shrike (Lanius ludovicianus). Federal Species of Special Concern,
California Species of Special Concern. This small to medium sized bird prefers open
habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches. It occurs
only rarely in heavily urbanized areas, but is often found in open cropland. These birds
use shrubs, dense trees, and thickets of vegetation for nesting sites. The freshwater
emergent wetland and ruderal habitat provide potential foraging habitat for this species in
the Project Area. This species has been observed foraging in the Mitigation Property, and
is present in a foraging capacity.
• Tricolored Blackbird (Agelaius tricolor). Federal Species of Special Concern,
California Species of Special Concern. This small to medium sized bird is highly
colonial and nests in marshy habitats, often in large stands of blackberry and cattail. The
freshwater emergent wetland habitat provides potential nesting habitat for this species in
the Project Area. Foraging opportunities exist across the Mitigation Property for this
species. This species may occur in a foraging capacity in the Mitigation Property.
• Golden Eagle (Aquila chrysaetos). California Fully Protected. The golden eagle is
typically found in open grasslands, pastures, and oak woodland, often near lakes and
rivers. Their plumage is dark brown overall, with some white at the base of the tail, and
golden-to-blonde feathers on the nape of the neck. The bill and talons are black and the
cere (soft membrane that covers the nostrils) and feet are yellow. There are three
CNDDB occurrences of this species located near the Mitigation Property. Additionally,
golden eagles have been observed foraging within the adjacent Eagle Ridge Preserve
during several survey events. For these reasons, golden eagle is present in the Mitigation
Property in a foraging capacity only.
• American Badger (Taxidea taxus). California Species of Special Concern. This large
member of the weasel family has a flat body with short legs ideally suited to digging
burrows. Found in open plains, prairies, forests and grasslands, this species feeds on
ground squirrels, mice, and gophers. Badgers mate between July and August, but do not
give birth until March. There is a CNDDB occurrence of this species located
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approximately 3 miles west of the Mitigation Property, 1.7 miles south of the junction of
Tassajara Road and Highland Road. Signs of a badger were observed at this location in
1992. The annual grassland within the Mitigation Property is suitable habitat for
American badger. Additionally, signs of badgers and their remains have been observed
within the Mitigation Property and badgers have been observed in the adjacent Eagle
Ridge Preserve. For these reasons, American badger may occur in the Mitigation
Property.
• San Joaquin Kit Fox (Vulpes macrotis). Federally Threatened, California. The San
Joaquin kit fox (SJKF) has a slim body with large, conspicuous ears, and a long, bushy,
black tipped tail. It is the smallest canid species in North America. The SJKF lives in
annual grassland habitats where friable soils are present in which they may excavate den
sites. The general habitat requirement for the kit fox is annual grasslands or grassy open
habitat stages with scattered shrubby vegetation. Food requirements for the SJKF are
rodents, insects, and even garbage in urbanized areas. Grassland habitats with a large
rodent prey base and loose textured soils are thought to provide the best habitat for the
SJKF. There are two historic CNDDB occurrences in the vicinity of the Mitigation
Property. The grassland habitat is considered to be somewhat suitable for SJKF,
especially considering the abundance of ground squirrel burrow complexes. However,
due to the lack of recent sightings within the Livermore Valley area, SJKF will most
likely occur in the Mitigation Property in a dispersal capacity only.
4.0 IMPLEMENTATION PLAN
This section presents the Implementation Plan for the mitigation habitat. Habitat creation
(establishment) will include the construction of a low gradient wetland depressional feature that
will develop into seasonal wetland habitat.
Prior to implementation of the wetland construction activities, a qualified biologist will conduct
surveys to assess the possible presence of species that may be impacted by construction
activities. Work onsite may occur during avian nesting periods; if active nests are observed
during wildlife surveys, a suitable buffer will be established to ensure that active nests are not
negatively impacted during implementation of the construction activities.
4.1 Implementation Approach and Sequence
This section summarizes wetlands creation activities and sequencing and identifies the
responsibilities of the Project Biologist and Restoration Contractor. References to sections
providing more detailed information on topics covered are included. The Mitigation Plan shows
the areas where wetland creation will occur within the nearby Eagle Ridge Preserve – East
Property (See Figure 9). A cross section of the target wetland topography is also on this figure.
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Upon completion of construction, installation of fencing, gates and signs will also occur where
needed along the perimeter of the Mitigation Property. As-built plan survey activities and
reporting will also be conducted at completion of work.
4.2 Site Preparation
The wetland establishment site will first be mowed close to the ground and the upper 4 to 6
inches of soil will be excavated and stockpiled at designated upland locations; this soil will
subsequently be spread on the new wetlands to provide organic matter and potentially wetland
plant seed material to the newly established wetland mitigation habitat.
4.3 Grading
The seasonal wetlands will be mass-graded/excavated using a rubber-tired earth mover to form
bottom microtopography and side slopes. Excavated material will be temporarily stockpiled
onsite and will be mounded as a balanced cut-and-fill project.
Finish grading will involve grading along the edges of an excavated area to tie into existing
topography and grading the bottom of the created wetland area to provide the appropriate flat
topographic relief (<1-2 percent slope) for wetland hydrology, soil, and plant development.
Grading activities will be monitored by a grade checker using a hand level to ensure that the
constructed wetlands meet the design criteria. The grade checker will be under the direction of
the Project Biologist.
4.4 Revegetation of Disturbed Areas
The created wetland will be seeded with a native seed mix to enhance wetland vegetation
growth. Seeding with native seed mix (Table 3), coupled with natural colonization by species
from seed sources in the existing soils will bring in a mix of both native and non-native species.
The established wetlands are expected to show significant vegetative growth within 3 to 4 years.
Species selected for the wetland and upland seed mixes were chosen based on their respective
wetland indicator statuses and the ability to survive in alkaline/saline environments. To ensure
suitability to the conditions at the Project site, many of the species chosen for both the wetland
and upland seed mixes have a moderate to high salt tolerance.
Hydrophytic plant species, or those with an indicator status of FAC, FACW, or OBL, were
chosen for the wetland seed mix as they are more suited to frequent saturation and/or inundation.
Most of the species selected for the upland seed mix have a wetland indicator status of FAC,
FACU, or UPL as they are more suited to dry conditions.
The areas to be seeded will be harrowed after finish grading to achieve a one to two-inch deep
friable seed bed. The seed mix will be broadcast at the specified rates and lightly harrowed into
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the seed bed to achieve good seed to soil contact. Any erosion control BMPs including fabric and
straw wattle installation will occur after broadcast of seed but before application of hydromulch.
A mixture of hydromulch, tackifier, and water at appropriate rates will be sprayed with a trailer
or truck mounted hydroseeder over the top of the seeded soil bed. Seeding is planned to occur
right before the rainy season (i.e., September/October) or early in the rainy season (i.e.,
November). It is anticipated that wetland plant species will colonize rapidly during the
winter/spring following construction.
Table 3. Seasonal Wetland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre *
Cyperus eragrostis Tall flat-sedge FACW 4
Eleocharis macrostachya Common spikerush OBL 4
Euthamia occidentalis Western goldenrod FACW 3
Festuca microstachys Pacific fescue FAC 6
Hordeum brachyantherum Meadow barley FACW 6
Juncus patens Spreading rush FACW 2
Lasthenia californica California goldfields FAC 2
Plagiobathrys nothofulvus Rusty popcorn flower FAC 1
Total 28
* The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates
on available stock.
The disturbed upland areas within the Mitigation Property will be subject to seeding with a
native seed mix as shown below in Table 4.
Table 4. Preserve Upland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre*
Achillea millefolium White yarrow FACU 1
Bromus carinatus California brome UPL 5
Elymus glaucus Blue wildrye FACU 6
Eschoscholzia californica California poppy UPL 2
Festuca microstachys Pacific fescue FAC 4
Hordeum brachyantherum Meadow barley FACW 6
Lupinus bicolor Miniature lupine UPL 2
Stipa pulchra Purple needle grass UPL 4
Total 30
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* The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates
on available stock.
4.5 Implementation Schedule
Construction of the mitigation habitat is planned 2022 depending on receipt of permits and
authorizations. Because the established wetlands will not receive supplemental irrigation water,
the seeding timing is important. Due to the unpredictability of the rainy season, the Project
Biologist will schedule the seeding. After initial planting and seeding is complete, the site will be
maintained and managed by activities described in this MMP.
4.6 Documentation of As-Built Conditions
Within 60-days after wetland construction is complete; a post-construction as-built survey will
be prepared and submitted to USACE. This report will include:
• The as-built plan based on the post-construction survey.
• Description of construction activities, paying particular attention to any adjustments to
the installation plan.
• Photo-documentation of construction activities, as well as identification of permanent
photo point locations.
5.0 MAINTENANCE PLAN
Maintenance will be required in order for the ecological functions and values of the site to meet
and/or exceed performance expectations. Maintenance shall be considered habitat management
where an adaptive management strategy is employed, and multiple aspects of the Mitigation
Property are evaluated in order to determine the most feasible and desirable maintenance
pathway.
Maintenance activities will be conducted during the five-year establishment period.
5.1 Pest Plant and Wildlife Species
Plant and wildlife species considered to be a threat to the mitigation will be subject to monitoring
and control.
Control of nuisance plants may include the use of specific herbicides. Herbicide application is
allowed, but only to control small, localized stands of nuisance vegetation. Manual or
mechanical control activities will be considered first and will be evaluated for reduced species
impacts compared to herbicides. They may also be utilized if an herbicide application is
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determined not to be feasible or desirable by the Land Manager. Manual methods include hand
pull or the use of handheld tools to remove nuisance vegetation. Mechanical methods may
include mowing with string trimmer or deck mower as determined by the Land Manager.
The following specifications must be adhered to prior to application of herbicides within the
Mitigation Property.
• Herbicide application is allowable but should only be considered feasible after manual
and mechanical methods have been ruled out. Application of herbicides will be
accomplished in accordance with the following standards:
o Herbicides will be used only by a qualified and licensed applicator (QAL) and
only applied according to a licensed pest control advisor (PCA) recommendation.
o Under the direction of the Land Manager, a biological monitor will accompany
sprayers to prevent impacts to non-target native vegetation that is to be retained.
o Target vegetation will only be sprayed using EPA-approved herbicides which are
recommended for use in wetlands.
o Small spot treatments will be prioritized over large-scale broadcast methods to
minimize the footprint of the herbicide application.
• If manual and mechanical efforts are not effective, herbicide may be used to target
nuisance plant species found on the Property. Nuisance species are defined as Cal-IPC
high species and moderate broadleaf species. Nuisance species found within the Property
include yellow star thistle, black mustard, bull thistle (Cirsium vulgare), artichoke thistle
(Cynara cardunculus), and stinkwort (Dittrichia graveolens). Studies have shown
chlorsulfuron (Telar brand) to be a highly effective pre-emergent herbicide that
specifically targets broadleaf species, such as yellow star thistle. Utilizing a selective
herbicide such as chlorsulfuron should be prioritized above using a non-selective
herbicide such as glyphosate; however, glyphosate may be a viable option as a last resort
if all other control efforts are ineffective, or if otherwise determined by adaptive
management.
5.2 Fencing
Fencing to exclude unwanted human activity from the Mitigation Property will be maintained in
good condition to prevent unauthorized encroachment. Site fencing will consist of five-strand
barb wire with t-posts installed at ten feet on center. All new fence that is constructed will be
wildlife friendly in that the top and bottom strands will be smooth, and the bottom strand will be
no less than 16 inches above the ground.
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6.0 PERFORMANCE STANDARDS
This section presents the performance standards that need to be achieved before the
compensatory mitigation activities can be deemed successful. Annual monitoring results will be
compared with performance standards to indicate the extent to which the Mitigation Property is
developing suitable wetland habitat. If annual monitoring results fall below performance
standards, the cause will be investigated by the Project Biologist and adaptive management
recommendations will be proposed to remediate the deficit and attain compliance with the final
performance standards.
The seasonal wetland habitat will be monitored, and the results will be compared against
performance standards below to ensure the site provides high quality ecological functions and
values. There will be six performance standards for the created habitat within the Mitigation
Property (Table 5):
• PS-1 - The frequency of inundation and/or saturation will be a minimum of 18.25
continuous days per year within the established (created) wetland habitat.
• PS-2 - The established (created) wetland habitat will show evidence of ponding in
photographs.
• PS-3 – The established (created) wetland habitat will show an increase in vegetative
cover over 5 years. The wetland will have at least 75% absolute cover by Year 5.
• PS-4 – The established (created) wetland habitat will have a minimum of 51 percent
absolute cover of OBL, FACW, and FAC species by Year 5.
• PS-5 – The established (created) wetland habitat will meet all three Corps criteria in
Years that a wetland delineation is performed (Years 3 and 5).
• PS-6 – Nuisance plant species cover on the overall site will not be greater than 10
percent. Nuisance plant species will be those that have a “high” rating by Cal-IPC or are
“moderate” broadleaf species.
7.0 MONITORING AND REPORTING
Monitoring and reporting for performance will occur for a minimum of 5-years for
wetlands/waters or until attainment of performance standards. If performance standards are not
met by the end of the stated monitoring and management period for a given habitat type, then
monitoring can be extended into future years until performance standards are attained, remedial
actions may occur, or compensatory mitigation may be required through another mitigation
mechanism to make up the difference.
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The monitoring objectives:
1. Track habitat progress towards meeting the performance standards, and
2. Identify and remedy any problems that could impact the success of the mitigation effort
and/or compromise the ecological functions and values of the site.
The monitoring protocol and results will be reviewed annually. Adjustments to monitoring
procedures may be required as the site changes over time, or if logistical problems render a
procedure unduly difficult to conduct. Such adjustments will be discussed with the regulatory
agencies as necessary. After reviewing the monitoring reports, the regulatory agencies may also
have suggestions for adjusting the monitoring program. Regulatory agency suggestions will be
reviewed and, if appropriate, incorporated into the following year's monitoring program. The key
is to anticipate that the monitoring program may need occasional adjustments to remain accurate,
complete, and feasible.
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Table 5: Performance Standards
Category Performance Standard Establishment Year
Year 1 Year 2 Year 3 Year 4 Year 5
PS-1 Wetland
Hydrology
The wetland will show evidence
of wetland hydrology through
inundation (ponding) and/or
saturated soil conditions.
The seasonal wetland habitats will be saturated or inundated for at least 14 days during an average rainfall year.
PS-2
Wetland
Hydrology
Data will be collected by direct
observation, photo
documentation, and/or water
measurement devices (staff-
gauges) placed in the selected
wetland features.
The established (created) wetland habitat will show evidence of ponding in photographs.
PS-3
Vegetation
Percent Cover
The wetland will have
germination and growth of a
variety of plant species and at
appropriate overall cover levels.
Total area coverage
may be sparse after
first year. Presence
of young shoots for
seeded species.
The wetland will
have at least 50%
absolute vegetative
cover.
The wetland will
have at least 60%
absolute vegetative
cover.
The wetland will
have at least 70%
absolute vegetative
cover.
The wetland will have
at least 75% absolute
vegetative cover.
PS-4
Wetland
Species
The seasonal wetlands will be
dominated by hydrophytic
vegetation (OBL, FACW, and
FAC).
A minimum of 51
percent absolute cover
of OBL, FACW, and
FAC species.
PS-5
Wetland
Verification
A wetland delineation will be
conducted with a sufficient
number of paired sampling
points to differentiate the
boundary between upland and
wetland.
Wetland delineation Wetland delineation
PS-6
Invasive
species
The overall mitigation site will
not be dominated by non-native
invasive vegetation.
Total absolute cover of non-native invasive plant species (all plant species with “High” impact rankings by Cal-IPC
and all broadleaf species with “moderate” rating) is no more than 10 percent.
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7.1 Seasonal Wetland Monitoring
Hydrology data will be collected from the established (created) habitat to coincide with the
California rainy season (i.e., Sept/Oct to Apr/May). The first hydrology data collection event will
occur with the onset of fall rains no more than two weeks after the first soaking rain event (i.e.,
one inch of rain in 24 hours). Hydrology monitoring will occur at least monthly during the rainy
season and will not end until bankfull ponding is documented with a photograph and/or at least
18.25 days of ponding/saturation has occurred. Monthly hydrology monitoring events will occur
until the wetlands are totally dry, presumably early- or mid-summer.
At each data collection event, water depths will be recorded from staff gauges which will be
marked at one-inch increments and placed in the bottoms of the habitat features they are intended
to provide data for or collected by hand with a measuring stick or ruler.
Monitoring of wetland vegetation using randomly placed one square meter quadrats will occur
during the spring monitoring event. Quadrats will be placed randomly within the seasonal
wetland habitats. Each plant species occurring within the quadrat will be recorded and assigned
an absolute cover value. The absolute percent cover of bare ground and thatch will also be
recorded from each quadrat. Photos will be taken of the quadrats and a representative sample will
be included in annual monitoring reports.
Photographic monitoring will also occur at each wetland data collection event from fixed photo
points and any other relevant areas. Photos of actively ponded wetlands will be taken and
provided in monitoring reports.
Annual precipitation data will be obtained from the closest climatological station and included in
monitoring reports.
Vegetation, soil, and hydrologic conditions will be monitored using the USACE’ 1987 Wetlands
Delineation Manual, the Corps’ September 2008 Regional Supplement to Corps of Engineers
Wetland Delineation Manual: Arid West (Version 2.0) (Arid West Supplement), and relevant
USACE guidance documents whereby field observations will be made in the wetlands during the
rainy season until the wetland soil and hydrology criteria are met. The percentage and depth of
ponded water and/or soil saturation will be noted during monitoring visits. This information will
be recorded on the Arid West field data sheet.
7.2 Non-Native Invasive Vegetation Monitoring
Plant species designated by the California Invasive Plant Council (Cal-IPC - https://www.cal-
ipc.org/plants/inventory/) to be plant pests (impact rating of “high”) will not be allowed to
colonize and become established within the Mitigation Property. The percent cover of non-native
invasive species will come from qualitative plant community assessment, wetland delineation
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vegetative data, direct observation, and/or photo documentation. Any problematic or new stands
of non-native invasive vegetation will be photographed and described in the monitoring report
along with recommendations for control and/or eradication.
7.3 Photo Documentation
Photo documentation will occur during all monitoring years from permanent photo stations that
will be established during construction and shown on the as-built plan drawings. Photo station
locations will be selected to illustrate year-to-year progress in relation to the existing habitat.
Photo locations will be recorded with GPS equipment to ensure photos will be taken from the
same location each year. Photographs will also be taken to record any events that may have a
significant effect on the success of restoration, such as flood, fire, or vandalism. The location and
direction of view of the photo stations will be provided with all monitoring reports. Color
photocopies of the permanent photo stations will be included as an attachment in monitoring
reports.
7.4 Annual Report
Habitat establishment monitoring reports summarizing the results of the monitoring effort will be
submitted to the regulatory agencies by December 31 every year for the first 5 years.
The annual report will document the degree to which the Mitigation Property is meeting the
performance standards. The monitoring reports will describe any deficiencies in attaining and
maintaining performance standards and any remedial action proposed, approved, or performed. If
remedial action(s) have been completed, the annual report will also evaluate the effectiveness of
that action.
A final monitoring report summarizing the mitigation project and evaluating the site's overall
performance will be prepared and submitted at the end of monitoring (Year 5). The final annual
report will include a count and assessment of species. A final field visit will be conducted to
verify that onsite conditions are consistent with information documented in the annual reports.
The annual report will include the following information.
Project Overview (1 page)
a. Agency Permit Numbers
b. Name of party responsible for conducting the monitoring and the date(s) the
inspection was conducted.
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c. A brief paragraph describing the purpose of the approved project, acreage and
type of resources impacted; and mitigation acreage and type of resources
authorized to compensate for the impacts.
d. Written description of the location, any identifiable landmarks of the
compensatory mitigation project including information to locate the site
perimeter(s), and coordinates of the mitigation site (expressed as latitude,
longitudes, UTMs, state plane coordinate system, etc.).
e. Dates the compensatory mitigation project commenced and/or was completed.
f. The time period covered (i.e., the dates “from” and “to”).
g. Short statement on whether the performance standards are being met.
h. Dates of any recent corrective or maintenance activities conducted since the
previous report submission.
i. Specific recommendations for any additional corrective or remedial actions.
Requirements (1 page)
a. List the monitoring requirements and performance standards specified in the
approved mitigation plan or special conditions of agency permits.
b. Evaluate whether the compensatory mitigation project site is successfully
achieving the approved performance standards or trending towards success. (Use
a table to present this information).
c. Management tasks accomplished during the year shall be identified. All herbicide
use shall be reported. The type of herbicide, target species, frequency and
duration of use, and minimization measures will be reported.
Summary Data (4 pages maximum)
a. Present summary data to substantiate the success and/or potential challenges
associated with the compensatory mitigation project.
b. Include photo documentation to support the findings and recommendations in the
monitoring report and to assist the Project Biologist in assessing whether the
compensatory mitigation project is meeting applicable performance standards for
that monitoring period.
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Format submitted photos to print on a standard 8 ½” x 11” paper.
Show date and clearly label photos with the direction from which the
photo was taken.
Identify the photo stations on the appropriate maps.
Maps and Plans (3 pages maximum)
Provide maps that show location of compensatory mitigation site relative to other
landscape features; mitigation site perimeter; habitat types; locations of photo reference
points, transects, sampling data points, and other pertinent features.
Format maps/diagrams to print on 8.5” x 11’ paper.
Include a legend and photo locations.
Conclusions (1 page)
a. Include statement that describes the conditions of the compensatory mitigation
project.
b. If performance standards are not being met, explain the difficulties and potential
remedial actions together with a timetable for correction.
8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES
Adaptive management is a strategy to deal with unexpected changes in site conditions,
responsibilities, or performance of the site so that the compensatory mitigation project achieves
its objectives and ecological performance standards.
Potential problems that may trigger a need for adaptive management include failure to attain
performance standards, fire, substantial infestation by non-native plants and animals, and
unanticipated anthropogenic problems such as large-scale trespassing and vandalism.
The Project Biologist will regularly analyze site progress as part of monitoring and reporting and
will suggest remedial measures to address unforeseen changes in site conditions or other
components of the mitigation project.
If the annual monitoring results indicate that the site is falling below performance threshold
values, then remedial actions will be implemented and funded by the Permittee of the mitigation
project. Remedial actions may include but are not limited to: replacement planting, additional
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watering, nuisance plant control and eradication, monitoring for additional years, and mitigating
for the project at an alternative site.
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9.0 REFERENCES AND LITERATURE CONSULTED
California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base (CNDDB).
2021. Computer listings and map locations of historic and current recorded occurrences
of special-status species and natural communities of special concern for USGS 7.5-
minute quadrangle maps.
California Invasive Plant Council (Cal-IPC). 2021. Inventory of Invasive Plants. Available
online at https://www.cal-ipc.org/plants/inventory/
California Native Plant Society (CNPS). 2021. Inventory of Rare and Endangered Plants (on-line
edition, v6-04d1). California Native Plant Society. Sacramento, CA. Available online at
http://www.cnps.org/inventory.
Cline, George, Alexander Neigher, Annemarie Bellinder. Climate of Sacramento, California.
National Weather Service Office, Sacramento, California. Revised August, 2010.
NOAA (National Oceanic and Atmospheric Administration). 2021. Climatological precipitation
summary for Sacramento. National Weather Service. Sacramento Weather Forecast
Office. Sacramento, CA. Available online at
https://w2.weather.gov/climate/local_data.php?wfo=sto. Accessed September 14, 2021.
Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture. 2022. Web
Soil Survey. Available online at
https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/survey/. Accessed on March 21,
2022.
Olberding Environmental, Inc. November 2016. Biological Resources Analysis Report for the
Chen Property, City of Dublin, Alameda County, California. Prepared for GH America
Investments, INC, Houston, Texas.
Peak and Associates, Inc. 2021. Cultural Resource Assessment for the Croak Road Restoration
Project, City of Dublin, Alameda County, California. Prepared for Wooi J. See Ferris,
September 14, 2021.
Sawyer J. T. Keeler-Wolf, and K. Evans. 2009. A Manual of California Vegetation, Second
Edition. California Native Plant Society.
208
Attachment 1
Figures
209
^_
^_
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 1: Regional MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/18/2022
0 4 82
MilesIScale: 1:250,000 1 in = 4 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure1_RegionalMap.mxd
Print at 8.5" x 11"
^_Property Location
^_Mitigation Location
210
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 2: Vicinity MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure2_Vicinity_03212022.mxd
Print at 8.5" x 11"
Project Area
Mitigation Area
211
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 3: USGS Topographic MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure3_USGS_03212022.mxd
Print at 8.5" x 11"
Project Area
Mitigation Area
Project Area: Livermore USGS 7.5" Quadrangle
37.703713° -121.850455°
T03S, R01E, S2
Mitigation Area: Tassajara USGS 7.5" Quadrangle
37.754621° -121.794972°
T02S, R02E, S18
212
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 4: Project Area Aerial MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 200 400100
FeetIScale: 1:2,400 1 in = 200 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure4_AerialMap.mxd
Print at 8.5" x 11"Project Area
213
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 5: Mitigation Area Aerial MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 100 20050
FeetIScale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure5_MitigationAerialMap.mxd
Print at 8.5" x 11"Mitigation Area
214
!A
!A
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 6: Project Area Jurisdictional DelineationCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 150 30075
FeetIScale: 1:2,000 1 in = 167 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure6_ProjectWetlandMap.mxd
Print at 8.5" x 11"
Project Area (1.69 ac)
Property Boundaries
!A Culverts
Aquatic Resources
Freshwater Emergent Wetland (0.54 ac)
Seasonal Wetland Swale (0.002 ac)
!A
!A
215
!(
!(
!(
!(
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!!
!
!
1B
1A
2B 2A37.758514,
-121.801835
37.751829,
-121.786458
193 Blue Ravine Road, Ste. 160
Folsom, California, 95630
Phone: (916) 985-1188
Figure 7: Eagle Ridge Preserve - East Jurisdictional Delineation MapCroak Road Restoration ProjectCity of DublinAlameda County, California
0 440 880220Feet
Scale:1:4,205 1 inch = 350 feet
Eagle Ridge Preserve - East (173.45 acres)
Mitigation Area (4.02 AC)
!Map Reference Points
!(Upland Sample Point
!(Wetland Sample Point
!CulvertsCorps Jurisdictional Features
Wetlands
Corps Jurisdictional Waters
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure7_MitigationWetlandMap.mxd
µ
Coordinate System:
NAD 1983 2011 StatePlane California III FIPS 0403 Ft US
Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
Map Revision Date: 3/22/2022
Made in accordance with theUpdated Map and Drawing Standards for theSouth Pacific Division Regulatory Program,as amended on February 10, 2016, by:Jason Deters, Project ManagerEnforcement and Special Projects UnitU.S. Army Corps of EngineersSouth Pacific Division1325 J Street, Room 1350Sacramento, California 95814-2922
Print at 11" x 17"
216
REPLACEMENT OFEX. 24"CMP CULVERT8'x8' RIP-RAP ATCULVERT INLET(4.7 CY FILL)10'x10' RIP-RAP ATCULVERT INLET(7.4 CY FILL)GH PACVESTWETLAND IMPACT EXHIBITDUBLINBOULEVARDFALLON ROAD
LEGEND:EXISTING BOUNDARY LINEIMPACTED FRESHWATER EMERGENT WETLANDS (21,160 SF/0.49 AC)IMPACTED SEASONAL WETLAND (87 SF/0.002 AC)FRESHWATER EMERGENT WETLAND (0.54 AC)*SEASONAL WETLAND SWALE (0.002)**DELINEATIONS SHOWN ARE PER WETLAND RESEARCH ASSOCIATES DELINEATION TITLED "FIG. 4 OFFSITE PROJECT AREA AQUATIC RESOURCES - EAST RANCH" DATED 5/5/2021RIP-RAP PROTECTION AT CULVERT ENDSOLD FALLON ROAD
CROAKROADGH PACVESTPROPERTY217
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 9:Off-site Mitigation Area MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Created on: 03/22/2022
0 100 20050
Feet
Scale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure9_EagleRidgeWetlandMitigation.mxd
Print at 11" x 17"
Eagle Ridge Preserve - East
Boundary
Mitigation Area (4.0 AC)
Proposed Wetland Mitigation
(1.002 AC)
Existing Wetland Features
Seasonal Wetland Swale
Coordinate System:
NAD 1983 2011 StatePlane California III FIPS 0403 Ft US
Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
µ
218
Attachment 2
Representative Photographs
219
Croak Road Ditch/Drainage Maintenance – March 2022
1.Facing south, photo shows the Project area along Croak Road facing south towards Interstate I-580.
September 24, 2019.
2.Facing northeast, photo shows the corner of Croak Road where water is pooling on the road due to the blocked
culvert. The Project will be replacing the culvert to allow for flow to the storm drain under the I-580 freeway.
September 24, 2019.
220
Croak Road Ditch/Drainage Maintenance – March 2022
3.Facing northeast, photo shows the wetland area at the bend in Croak Road. November 1, 2021.
4.Facing south, photo shows ponded water within the ditch under the trees at the south end of Croak Road.
March 14, 2018.
221
Croak Road Ditch/Drainage Maintenance – March 2022
5.Facing southwest, photo shows the seasonal wetland swale in the northwest corner of the Eagle Ridge
Preserve – East Property that bisects the Mitigation Area. April 7, 2021.
6.Facing southwest, photo shows another portion of the existing seasonal wetland swale in the Mitigation Area.
The mitigation features will be constructed on either side of this swale. April 7, 2021.
222
Croak Road Ditch/Drainage Maintenance – March 2022
7.Facing southeast, photo shows the upland habitat adjacent to the seasonal wetland swale where the mitigation
features will be constructed. April 7, 2021.
223
Attachment 3
Hydrology Report
224
Project Number: 19887.1DG.D
TECHNICAL MEMORANDUM
- SINCE 1953 -
5142 FRANKLIN DRIVE, SUITE B, PLEASANTON, CALIFORNIA 94588-3368 PHONE: (925) 225-0690 FAX: (925) 225-0698
OFFICES: PLEASANTON ROSEVILLE
www.msce.com
P:\19887\PLN\Hydro-P\Ditch-Hydro-Tech-Memo\19887.1DG.D-MM-Ditch-Hydro-Tech-Memo-2021_08_06.doc
Date: August 4, 2021
To: Wooi J. See Ferris, GH Pacvest
From: Mariana Mena, MacKay & Somps
Subject: Fallon 580 Property – East Dublin GH Pacvest
Hydrology and Hydraulics Calculations for the Ditch Re-Grading
Purpose:
This memorandum is prepared to analyze and demonstrate that the proposed re-graded trapezoidal
ditch at Old Fallon Road and Croak Road has adequate flow capacity to contain and convey the 10-
year design storm. As part of the effort to restore the ditch drainage capacity, the existing 24” CMP
culvert which is damaged and mostly buried will be replaced with a new 24” SD culvert will be
installed under existing Croak Road to convey the re-graded ditch flows to the existing incised ditch
on the south side of Croak Road within the Alameda property which is believed to the be the
historical direction of ditch flow.
Background:
The existing roadside ditch is located along the east side of Old Fallon Road and flows from north
to south along the western edge of the GH Pacvest property south of Central Parkway. The
watershed limits tributary to the existing ditch are comprised of predominantly the open space
drainage / pedestrian corridor that runs northeast to southwest through the middle of the existing
Jordan Ranch and Positano residential communities. All the runoff from the surrounding Jordan
Ranch and Positano developments on both side of the drainage corridor drain to hard-lined pipe
systems; that ultimately drain west to the 84” SD trunk main that flows south within the Fallon
Road right-of-way. The 84” SD trunk main was built with the Positano Development and sized to
convey all the storm runoff flows from the fully developed communities of both Jordan Ranch and
Positano. The watershed limits tributary to the 84” SD pipe are outlined per the Dublin Ranch
Drainage Master Plan, exhibit titled “Master Drainage Plan Areas and Land Use” dated March
2006, refer to Appendix A. The watershed limits tributary to the existing ditch are illustrated in
Appendix B “Existing Ditch Watershed Map”.
Methodology:
The hydrology calculations presented in this memorandum apply the “Rational Method”, which
follow the procedures outlined in the Alameda County Hydrology and Hydraulics manual. A
Rational Method analysis was performed for the watershed tributary to the existing ditch to
determine the runoff volume generated by the watershed in a 10-year design storm. A hydraulic
analysis of the proposed re-graded ditch and replacement 24” culvert for the 10-year design storm
flows were analyzed using the TLW software. The “TLW Hydrology and Hydraulics” software
225
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developed by MacKay & Somps Civil Engineers, Inc. applies rational method peak flowrate
calculations with closed-conduit pipe and open channel routing computations. TLW is categorized
as a one-dimensional steady-state model which computes friction and minor losses for partially or
fully flowing pipes/channels.
The Alameda County Flood Control District manual uses a modified form of the rational method
for estimating peak flow applicable for small watersheds, natural or urbanized, with drainage areas
less than 300 acres. The rational method correlates peak discharge to rainfall intensity through the
following formula:
Rational Method:
Q=CIA
Where: Q = peak discharge (cfs)
C = runoff coefficient (unitless)
I = design rainfall intensity (in/hr)
A = tributary drainage area (ac)
·Determine Maximum 10-year flowrate discharging into the proposed re-graded ditch + culvert
Q = CIA
C = 0.30 Per “Table 2- Basic Runoff coefficients for particular land use and soil
type” of Alameda County Flood Control District Hydrology and
Hydraulics Manual a C value of 0.25 is recommended but for conservative
measures the C value of 0.30 is chosen.
A= 86.9 AC The project watershed has an overall area of 86.9 acre, refer to Appendix B.
I = 1.30 in/hr Rainfall Intensity (I10) is based on the Mean Annual Precipitation, MAP
and time of concentration, Tc. The Tc for the watershed is estimated using
approximate the longest flow path length. For this project we are assuming
a minimum inlet time of 20 minutes. By using the project location on
attachment 6, “Mean Annual Precipitation” the MAP is 16. Per attachment
7, “Rainfall Intensity -10 year storm” of Alameda County Flood Control
District Hydrology and Hydraulics Manual using an MAP =16 and Tc=20
min the I = 1.30 in/hr
Q = 0.30*(1.30 in/hr)*(86.9 AC)
Q10 = 33.9 cfs
·TLW calculations for the trapezoidal channel are calculated based on the following criteria:
Q10 = 33.9 cfs
Channel base = 2ft
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N value = 0.03 Per “Table 9 – Manning’s Roughness Coefficient” of Alameda County
Flood Control District Hydrology and Hydraulics Manual, smooth
geometric earth channel.
Slope = 0.007 min
Side Slope = 3:1
The trapezoidal ditch has been designed to allow a maximum 18” depth of ponding.
The TLW results above illustrate that at minimal slope conditions of 0.007 the ditch flow will never
exceed 1.5 feet in depth since the normal depth given is 1.457 feet.
·TLW calculations for the 24” SD culvert are calculated based on the following criteria:
Q10 = 33.9 cfs
Pipe Diameter = 24 in
N value = 0.014 Per “Table 9 – Manning’s Roughness Coefficient” of Alameda County
Flood Control District Hydrology and Hydraulics Manual, reinforced
concrete pipe for conduits less than 36” diameter
Slope = 0.025
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MEMORANDUM 19887.1DG.D
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The TLW results yield a normal depth of 1.68 feet for a design flow of 33.9 cfs, resulting in the
pipe flowing 90% full under a supercritical flow regime.
Summary:
Based on the above methodology and analysis results it has been confirmed that the proposed
trapezoidal re-graded ditch and replacement culvert will have adequate capacity to contain and
convey the calculated 10-year design storm runoff flow. Therefore, it has been demonstrated that
the proposed ditch re-grading and 24” culvert replacement will correct the current drainage issues
and re-establish the historic drainage patterns towards the south and will adequately convey the
anticipated design storm flows.
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19887.000.MM-Tech-Memo-2021_0804.doc
Appendix A
Master Drainag Plan Areas and Land Use map
(from the Dublin Ranch Drainage Master Plan – March 2006)
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Appendix B
Existing Ditch Watershed Map
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GH PACVESTEXISTING DITCH WATERSHED MAPLEGENDEXISTING BOUNDARY LINEWATERSHED AREA = 86.9 ACRESDUBLINBOULEVARDFALLON ROAD
OLD FALLON ROAD
CROAKROADCENTRAL PARKWAYPO
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JORDAN RANCHPARKCROAK RO
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TRAVERTINO STREETRATIONAL METHOD RUNOFF CALCULATION10 YEAR STORMQ=CIAC=0.3I=1.30(IN/HR)¹A=86.9 ACRESQ=CIAQ=0.3*1.30*86.9Q=33.9 CFS¹ = RAINFALL INTENSITY VALUE OBTAINED PER THEALAMEDA COUNTY HYDROLOGY & HYDRAULICS MANUAL2016, ATTACHMENT 7, "RAINFALL INTENSITY - 10YEAR STORM" USING THE FOLLOWING:·TIME OF CONCENTRATION, TC=20 MIN·MEAN ANNUAL PRECIPITATION, MAP-16.0(PER ATTACHMENT 6, "MEAN ANNUALPRECIPITATION TABLE OF THE ALAMEDACOUNTY HYDROLOGY & HYDRAULICS MANUAL2016)232
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PERPETUAL CONSERVATION EASEMENT ENDOWMENT AGREEMENT FOR
EAGLE RIDGE PRESERVE- EAST PROPERTY MITIGATION AREA
THIS PERPETUAL CONSERVATION EASEMENT ENDOWMENT AGREEMENT
(“Agreement”), made and entered into on __________________ by and between, the
City of Dublin (“City” or “Founding Contributor”) and Golden State Land
Conservancy, a California non-profit 501(c)(3) (“GSC”) (collectively referred to as
the “Parties”).
RECITALS
WHEREAS, the City of Dublin and GH PacVest, LLC, a Delaware limited liability
company (“GH PacVest”) own certain real property located in the City of Dublin,
County of Alameda, State of California located at the intersection of Croak Road and
Interstate 580 occupied by a ditch and outfall;
WHEREAS, Rocky Ridge, LLC controls certain real property known as the Eagle
Ridge Preserve – East Property, described below and is proposing to provide a portion
of the property for wetland creation, preservation, and channel restoration and
enhancement described in the Wetland Mitigation & Monitoring Plan for the
Croak Road Ditch/ Drainage Maintenance Project, City of Dublin, Alameda
County, California, prepared by Olberding Environmental, Inc., dated March 2022,
attached hereto and incorporated herein as Exhibit A (the “MMP”);
WHEREAS, City and Rocky Ridge entered into a Contract for Transfer of
Mitigation Rights and Performance of Mitigation Services for the Croak Road Ditch/
Drainage Maintenance Project (the “Mitigation Agreement”) effective as of the
________ day of July, 2022 for the establishment and preservation of mitigation at the
Eagle Ridge Preserve – East Property;
WHEREAS, Rocky Ridge is under contract to GSC and GSC is the grantee of the
Conservation Easement and retains the perpetual rights and obligations of management
of the Eagle Ridge Preserve – East Property, as described in the Long Term Resource
Management Plan for the Eagle Ridge Preserve Croak Road Management
Area, City of Dublin, Alameda County, California, prepared by Olberding Environmental,
Inc., dated June 2022, attached hereto and incorporated herein as Exhibit B (the
“LTMP”), and as established by the Conservation Easement for the Eagle Ridge
Preserve – East Property Mitigation Area (see Exhibit B LTMP, Attachment 2 –
Conservation Easement);
WHEREAS, portions of the Eagle Ridge Preserve - East Property are suitable and
available for habitat and species mitigation purposes to include the establishment of
seasonal wetlands and preservation of upland habitat for the California Red-Legged
Frog (Rana daraytonii) (“CRLF”);
WHEREAS, the City of Dublin is the sponsor and permittee of the project referred
Attachment 4
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to as the “Croak Road Ditch/Drainage Maintenance Project”, and the project is required
to establish 1.002 of seasonal wetland habitat and preserve 3.003 acres of upland
habitat suitable for use by CRLF as described in the Eagle Ridge Preserve – East
Property MMP in order to meet mitigation requirements set forth in the Croak Road
Ditch/Drainage project permits and authorizations (the “Permits”) issued by the U.S.
Army Corps of Engineers (“Corps”), the U.S. Fish & Wildlife Service (“Service”) and
San Francisco Bay Regional Water Quality Control Board (“RWQCB”) (collectively, the
“Permitting Agencies”);
WHEREAS, the City desires to provide mitigation at the Eagle Ridge Preserve –
East Property for the Croak Road Ditch/Drainage Maintenance Project through the
creation of 1.002 of seasonal wetland habitat and the preservation of upland habitat
suitable for use by CRLF consistent with both the Croak Road Ditch/Drainage
Maintenance Project MMP and the LTMP for the Eagle Ridge Preserve – East Property
(collectively “the Plans”), and these mitigation efforts satisfy the mitigation
requirements set forth in the Permits issued to the City by the Permitting Agencies. The
“Eagle Ridge Preserve – East Property Mitigation” consists of the establishment of 1.002
acre of jurisdictional seasonal wetlands by excavating and grading depressions in
formerly upland areas and of a total of 3.003 acres of upland habitat that will be
preserved for CRLF dispersal habitat (see Exhibit B LTMP, Attachment 1- Figures);
WHEREAS, the Plans provide for the establishment of an endowment for the
long-term management, maintenance and monitoring of the preserved and established
habitats for a portion of the Eagle Ridge Preserve - East Property Mitigation Area in
accordance with the Permits;
WHEREAS, the City as the permittee and Founding Contributor desires to have
this endowment fund established to support the management, preservation,
enforcement and protection of a portion of the Eagle Ridge Preserve - East Property
Mitigation Area by GSC, as created under the Conservation Easement;
WHEREAS, GSC is a California non-profit corporation and is land trust accredited
and specializes in the provision of habitat mitigation services and is an appropriate
entity to establish and hold such an endowment, and;
WHEREAS, GSC is willing and able to hold the conservation easement
endowment, subject to the terms and conditions hereof.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual promises made herein, the
Parties agree as follows:
1. NAME OF FUND. There is hereby established in, and as a part thereof, a
fund designated as the “Eagle Ridge Preserve – East Property Mitigation Area
Endowment Fund” (hereinafter referred to as the “Fund”) which is separate from the
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funds Rocky Ridge holds for managing other properties comprising Eagle Ridge
Preserve to receive contributions in the form of money.
2. PURPOSE. The purpose of the Fund shall be to fund long-term
management and monitoring of the Eagle Ridge Preserve-East Property Mitigation Area,
as well as to fund GSC’s management and monitoring oversight activities, enforcement
and protection of the Eagle Ridge Preserve – East Property Mitigation Area as required
by the Permitting Agencies and as described in the Conservation Easement, the Plans
applicable to that instrument, and the funding amounts identified pursuant to that
instrument, as specified below, and in Sections 3 and 4 of this Agreement.
3. FUNDING. As the consideration for Rocky Ridge to accept the
maintenance and long term management responsibilities specified in the MMP and the
LTMP, and to further the charitable purposes to permanently preserve the benefits of
the Conservation Easement, and also to manage the Fund in accordance with Uniform
Prudent Management of Institutional Funds Act as provided in Section 10, below, the
City unconditionally promises to contribute TWO HUNDRED AND SEVEN THOUSAND
AND ONE HUNDRED AND NINETY TWO DOLLARS AND 57 CENTS ($207,192.57) (the
“Endowment”) to GSC as a condition to recording of the Conservation Easement. All
grants, bequests, and devises to the Fund shall be irrevocable once accepted by GSC
upon City’s contribution to fund the Endowment and shall satisfy any and all obligations
related to the Endowment.
4. DISTRIBUTION. The annual earnings allocable to the Fund, net of the fees
and expenses set forth in Section 11, shall be granted or expended solely for purposes
for expenditures to manage, maintain, protect, and monitor the Eagle Ridge Preserve –
East Property Mitigation pursuant to the Plans, and to preserve the conditions and
rights set forth in the Conservation Easement, including any costs for the monitoring,
implementing and enforcing the Conservation Easement, and compensating GSC for
performance of tasks described in the Plans. The Endowment Fund Analysis attached
hereto and incorporated herein as Exhibit C. No distribution shall be made from the
Fund to any individual or entity if, in the judgment of GSC, such distribution will
endanger GSC’s tax exemption status with any taxing authority. It is intended by the
foregoing that at the time a distribution is made from the Fund, the distribution must be
made for the purposes of funding activities related to the long-term management,
maintenance and monitoring of the Eagle Ridge Preserve – East Property Mitigation, as
described in the Plans, or for GSC’s protection and preservation of the Eagle Ridge
Preserve – East Property Mitigation. No distribution shall be made from the Fund for
any purpose unrelated to, or unconnected with, managing, maintaining or monitoring
the Eagle Ridge Preserve – East Property Mitigation, or holding, monitoring,
administering, repairing, defending, protecting and preserving the Conservation
Easement.
5. VARIANCE. If GSC proposes to terminate its long-term management,
maintenance and monitoring of the Eagle Ridge Preserve – East Property Mitigation, the
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assets of the Fund shall, after payment or making provisions for payment of any
liabilities properly chargeable to the Fund or payable to GSC from the Fund pursuant to
this Agreement, be distributed to a non-profit conservancy organization approved by
the Permitting Agencies, who shall accept the terms of this Agreement as a condition to
the distribution of any payments. If a conservation organization refuses to accept the
Fund, GSC shall distribute the Fund in such a manner and to such conservation
organization or organizations, in the judgment of GSC and the Permitting Agencies that
satisfy the requirements of a non-profit conservancy organization with purposes similar
to those of GSC; provided that the non-profit conservancy organization agrees to accept
the terms of this Agreement as a condition for the distribution of the Fund.
6. ADMINISTRATIVE PROVISIONS. Notwithstanding anything herein to the
contrary, GSC shall hold the Fund, and all contributions to the Fund, subject to the
provisions of any and all applicable California laws, the Permits and GSC’s enabling act.
The Treasurer for the Board of Directors of GSC shall monitor the distribution of the
Fund and shall have all powers of modification specified in the applicable United States
Treasury Regulations and the Internal Revenue Code. Specifically, GSC shall have the
right to modify any restriction or condition on the distribution of funds where that
restriction or condition becomes, in effect, unnecessary, incapable of fulfillment or
inconsistent with the charitable purposes of the Conservation Easement.
Upon request by the City of Dublin, GSC agrees to provide to the City of
Dublin, within 30 days of the request, a copy of the latest available annual examination
of the finances of GSC as reported on by independent certified public accountants. In
addition, upon request by the City of Dublin no more frequently than annually and at
the City’s sole cost and expense, as applicable, GSC shall provide, within 90 days of the
request, an activity report which contains a report on the balance of the Fund at the
beginning of the calendar year; deposits; disbursements; fees; earnings, gains, losses
and other investment activity accruing to the Fund during the previous calendar year;
and the balance of the Fund at the end of the latest period available in the current year
in which the report is requested.
7. CONDITIONS FOR ACCEPTANCE OF FUNDS. The City of Dublin and GSC
agree and acknowledge that the establishment of the Fund herein created is made in
recognition of, and subject to, the terms and conditions of the Conservation Easement,
the Plans (including the table of management cost estimates) and other provisions of
this Agreement relating to the administration and use of the Fund.
8. NOT A SEPARATE TRUST. The Fund shall be a component part of GSC. All
money and property in the Fund shall be held as general assets of GSC and not
segregated as trust property of a separate trust.
9. ACCOUNTING. The receipts and disbursements of this Fund shall be
accounted for separately and apart from those of the other funds of GSC.
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10. INVESTMENT AND USE OF FUNDS. GSC shall employ an investment
vehicle that assures the maintenance of the Fund principal. GSC shall have all powers
necessary or in its sole discretion desirable to carry out the purposes of the Fund,
including, but not limited to, the power to retain, invest, and reinvest the Fund and the
power to commingle the assets of the Fund with those of other funds for investment
purposes. However, GSC shall separately account for the balance of the Fund from
other balances of all other accounts maintained or managed by GSC. In the investment
and management of the Fund, GSC shall act in accordance with the standard set out in
California Probate Code Section 18501, et seq. (the “Uniform Prudent Management of
Institutional Funds Act”). However, the City of Dublin as the Founding Contributor and
GSC acknowledge the Fund may suffer an investment loss causing a reduction of Fund
principal from time to time through no fault of GSC. An investment loss of any amount
of the Fund is not the responsibility of GSC, provided GSC acted in accordance with
GSC’s duty to prudently invest the amounts in the Fund according to the standard set
out in the Uniform Prudent Management of Institutional Funds Act. Additionally, the
Founding Contributor is not responsible for any investment loss of any amount and
neither shall have further obligation to fund the Fund beyond making the contribution
as described in the Funding provision in Section 3, above. GSC is authorized to allocate
receipts and expenses between principal and income accounts according to the
California Uniform Principal and Income Act, as amended (the “CUPIA”). GSC will
determine how to allocate receipts or expenses that are not governed by the CUPIA.
Nothing stated herein shall create an obligation of the Founding Contributor to
supplement funds set forth in Section 3 of this Agreement as a result of any losses that
may be sustained by the Fund.
11. COSTS OF THE FUND. It is understood and agreed that the Fund shall
bear a fair share portion of the total investment and administrative costs of GSC. Those
costs annually charged against the Fund are identified as “Land Manager Contingency”
in the Cost Table.
12. GOVERNING LAW; CONSTRUCTION. This Agreement shall be governed by
the laws of the State of California, and proper venue for any dispute arising out of this
Agreement shall be Alameda County, California. The headings and captions of Articles
and Sections used in this Agreement are for convenience only, and this Agreement shall
be interpreted without reference to any headings or captions.
Similarly, the presence or absence of language in prior drafts of this document
shall not be used to interpret any provision hereof. This Agreement has been prepared
and revised by attorneys for both Parties, so any rule of law or construction that
ambiguities are to be construed against the party responsible for drafting shall not
apply.
13. NOTICES. All notices, requests, demands and other communications
required by the Agreement shall be in writing and shall be deemed to have been duly
given on the date of service if served personally on the party to whom notice is to be
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given, or on the second (2nd) day after mailing if mailed to the party to whom notice is
to be given, by first class mail, registered or certified, postage prepaid, and properly
addressed as follows:
GSC: Marc Deprey, Executive Director
Golden State Land Conservancy
1151 Gravenstein Hwy South
Sebastopol, CA 95472
Telephone: 707-695-7460
City of Dublin: City Manager
100 Civic Plaza
Dublin, CA 94568
With a copy to: John Bakker, City Attorney
Meyers Nave, PLC
1999 Harrison Street, 9th Floor
Oakland, CA 94612
Any party may change its address for purposes of this Section by giving the
other party written notice of the new address in the manner set forth above.
14. ENTIRE AGREEMENT; RECITALS; AMENDMENT. This Agreement is
entered into pursuant to the Conservation Easement and the Plans. The Conservation
Easement, the Plans, the Cost Table, and this Agreement constitute the entire
agreements between the Parties (related to the Eagle Ridge Preserve – East Property
Mitigation Area only), and supersede all prior agreements, whether oral or in writing.
The Recitals and any Attachments to this Agreement are incorporated into the
Agreement by this reference. This Agreement may be amended only in writing agreed
to and signed by all Parties and with the written concurrence of the California Attorney
General’s office, Registrar of Charitable Trusts, if required by policy or practice of such
office.
15. WAIVER. No provision of this Agreement may be waived except in a
written instrument signed by the party who is entitled to the benefit of said provision.
No waiver of any of the provisions of this Agreement shall constitute a waiver of any
other provision nor shall any waiver constitute a continuing waiver.
16. CONSTRUCTION.
A. References to any provision of the Internal Revenue Code shall be
deemed references to the U.S. Internal Revenue Code of 1986 as the same may be
amended from time to time and the corresponding provision of any future U.S. Internal
Revenue Code.
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B. It is intended that the Fund shall be a component part of GSC and
that nothing in this Agreement shall affect the status of GSC as a 501(c)(3). This
Agreement shall be interpreted in a manner consistent with the foregoing intention and
so as to conform to the requirements of the Internal Revenue Code and any regulations
issued pursuant thereto applicable to the intended status of GSC.
17. CONFLICT OF TERMS. The Parties also have agreed to the terms set forth
in the Conservation Easement, which is intended to set forth the rights and obligations
of the City of Dublin, Rocky Ridge and GSC with respect to the perpetual conservation,
monitoring and maintenance of the Eagle Ridge Preserve – East Property pursuant to
the Conservation Easement. In the event of any inconsistency between the terms of
that easement and the provisions of this Agreement with respect to the funding,
distribution, management and operation of the Endowment, the terms of the Permits
shall control. Nothing in this Agreement is intended to abridge or modify the rights
accorded to the City of Dublin or Rocky Ridge, GSC under the Conservation Easement
for any failure by the other party to perform its obligations and duties as set forth in the
Conservation Easement with respect to such party, with such remedies provided in the
Conservation Easement as to the other party.
18. SEVERABILITY. If any provision of this Agreement is held to be unlawful
or invalid by any court of law with duly established jurisdiction over this Agreement, the
Parties intend that the remainder of this Agreement shall remain in full force and effect
notwithstanding the severance of the unlawful or invalid provision(s).
19. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be considered an original, but all of which together
shall constitute one and the same instrument. This Agreement may be executed by a
party’s signature transmitted electronically, including those delivered by PDF or signed
through the electronic signature system known as “DocuSign,” and copies of this
Agreement executed and delivered by means of electronic signatures shall have the
same force and effect as copies hereof executed and delivered with original signatures.
20. COOPERATION. The Parties will cooperate in good faith to achieve the
objectives of this Agreement and to avoid disputes. The Parties will use good faith
efforts to resolve disputes at the lowest organizational level and, if a dispute cannot be
so resolved, the Parties will then elevate the dispute to the appropriate officials within
their respective organizations.
21. PREVAILING PARTY. In any action to enforce the terms of this Agreement,
the Prevailing Party shall be entitled to recover from the non-prevailing party all
reasonable attorneys’ fees and costs. “Prevailing Party” shall include without limitation a
party who dismisses an action in exchange for sums allegedly due; the party who
receives performance from the other party for an alleged breach of contract or a
desired remedy where the performance is substantially equal to the relief sought in an
action; or the party determined to be the prevailing party by a court of law.
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22. THIRD PARTY BENEFICIARY. This Agreement confers rights and remedies
upon the Corps, RWQCB, and CDFW as third party beneficiaries, insofar as this
Agreement is intended to carry out the requirements and obligations set forth in the
Conservation Easement and the Plans. No person, other than the Parties or said named
third party beneficiaries, has any rights or remedies under this Agreement.
23. AUTHORITY. Each person signing this Agreement on behalf of a party to
this Agreement warrants to the other that its respective signatory has fully right and
authority to enter into and consummate this Agreement and the transactions
contemplated hereby.
24. CONSTRUCTION OF AGREEMENT. The provisions contained herein shall
not be construed in favor of or against any of the Parties to this Agreement, but shall
be construed as if each of the Parties prepared this Agreement.
25. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon
and shall inure to the benefit of the Parties, their permitted successors and assigns.
26. NONEXCLUSIVE REMEDIES. No remedy or election hereunder shall be
deemed exclusive, but shall, whenever possible, be cumulative with all other remedies
at law or in equity.
27. NECESSARY FURTHER ACTS. Each party to this Agreement agrees to
perform any further acts and execute and deliver any documents that may be
reasonably necessary to carry out the intent of this Agreement.
28. TIME IS OF THE ESSENCE. Time and each of the terms, covenants and
conditions of this Agreement are expressly made of the essence.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the City of Dublin and Golden State Land Conservancy
each has executed this Agreement by a duly authorized officer, effective as of the day
and year first above written.
Golden State Land Conservancy
a California nonprofit 501(c)(3) corporation
By:
Name:
Title:
Date:
City of Dublin
a municipal corporation
By:
Name:
Title:
Date:
5132412.4
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Exhibit A - Wetland Mitigation & Monitoring
Plan for the Croak Road Ditch/ Drainage
Maintenance Project, March, 2022
242
WETLAND MITIGATION & MONITORING PLAN
FOR THE
CROAK ROAD DITCH / DRAINAGE
MAINTENANCE PROJECT
City of Dublin,
Alameda County, California
Applicant/Permittee:
CITY OF DUBLIN
100 Civic Plaza
Dublin, California 94568
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulatory Consultants
193 Blue Ravine Road, Suite 165
Folsom, California 95630
Attn: Jeff Olberding
(916) 985-1188
jeff@olberdingenv.com
MARCH 2022
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TABLE OF CONTENTS
1.0 SUMMARY ........................................................................................................................... 1
1.1 Summary ....................................................................................................................... 1
1.2 Responsible Parties ....................................................................................................... 2
1.2.1 Permittee ........................................................................................................... 2
1.2.2 Land Manager ................................................................................................... 2
1.2.3 Project Biologist................................................................................................ 3
1.3 Project Description........................................................................................................ 3
2.0 Objectives .............................................................................................................................. 4
2.1 Habitat Establishment (Creation) .................................................................................. 4
2.1.1 Seasonal Wetland Establishment ...................................................................... 4
3.0 BASELINE INFORMATION ............................................................................................... 6
3.1 Location ........................................................................................................................ 6
3.2 Landscape Position ....................................................................................................... 6
3.3 Topography and Elevations .......................................................................................... 6
3.4 Watershed Description .................................................................................................. 7
3.5 Climate and Precipitation .............................................................................................. 7
3.6 Soils............................................................................................................................... 7
3.7 Historic, Existing, and Surrounding Land Uses............................................................ 8
3.8 Cultural ......................................................................................................................... 8
3.9 Vegetation ..................................................................................................................... 8
3.9.1 Project Area Habitat Types ............................................................................... 8
3.9.2 Mitigation Property Habitat Types ................................................................... 9
3.10 Wetlands/Waters of the U.S. ....................................................................................... 10
3.11 Special-Status Species ................................................................................................ 10
4.0 IMPLEMENTATION PLAN .............................................................................................. 14
4.1 Implementation Approach and Sequence ................................................................... 14
4.2 Site Preparation ........................................................................................................... 15
4.3 Grading ....................................................................................................................... 15
4.4 Revegetation of Disturbed Areas ................................................................................ 15
4.5 Implementation Schedule ............................................................................................ 17
4.6 Documentation of As-Built Conditions ...................................................................... 17
5.0 MAINTENANCE PLAN ..................................................................................................... 17
5.1 Pest Plant and Wildlife Species .................................................................................. 17
5.2 Fencing ........................................................................................................................ 18
6.0 PERFORMANCE STANDARDS ....................................................................................... 19
7.0 MONITORING AND REPORTING ................................................................................... 19
7.1 Seasonal Wetland Monitoring..................................................................................... 22
7.2 Non-Native Invasive Vegetation Monitoring ............................................................. 22
7.3 Photo Documentation.................................................................................................. 23
7.4 Annual Report ............................................................................................................. 23
8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES................................................ 25
9.0 REFERENCES AND LITERATURE CONSULTED ........................................................ 27
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LIST OF ATTACHMENTS
ATTACHMENT 1 ~ FIGURES
Figure 1 Regional Map
Figure 2 Project Vicinity
Figure 3 USGS Topographic Map
Figure 4 Project Area Aerial Photo
Figure 5 Mitigation Property Aerial Photo
Figure 6 Project Area Jurisdictional Delineation
Figure 7 Eagle Ridge Preserve - East Jurisdiction Delineation
Figure 8 Project Impacts
Figure 9 Off Site Mitigation Plan
ATTACHMENT 2 ~ REPRESENTATIVE PHOTOGRAPHS
ATTACHMENT 3 ~ HYDROLOGY REPORT
This report should be cited as: Olberding Environmental, Inc. March 2022. Wetland Mitigation and Monitoring Plan
for the Croak Road Ditch/Drainage Maintenance Project, Alameda County, California. Prepared for the City of
Dublin, Dublin, California.
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Olberding Environmental March 2022
1.0 SUMMARY
1.1 Summary
Olberding Environmental, Inc. (Olberding Environmental) has prepared this Wetland Mitigation
Monitoring Plan (MMP) on behalf of the City of Dublin (Permittee) to provide compensatory
mitigation for impacts to wetland habitat resulting from the Croak Road Ditch/Drainage
Maintenance Project (Project).
The Project is located within the City of Dublin, along the east shoulder of Croak Road, north of
Interstate 580 (I-580). The Project Area encompasses approximately 1.69 acres (Attachment 1,
Figure 1-4). The northern boundary of the Project Area is located at the intersection of Dublin
Boulevard and Croak Road, and the Project Area runs south for approximately 1,200 feet along
Croak Road before terminating.
The proposed Project involves the excavation of accumulated sediment (233 cubic yards) from
an existing engineered roadside ditch, reestablishing the historic capacity and function within the
City of Dublin drainage facility. The ditch, located along the eastern embankment of Croak
Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the
Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a
majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south,
to the culverted crossing of Croak Road where it parallels the I-580 Freeway. Due to the buildup
of sediment in the ditch, flows are now redirected across the adjacent property (Chen Property).
Proposed maintenance (removal of sediment and reestablishment of the original engineered
configuration of the ditch) and replacement of the buried culvert under Croak Road, would
restore the deteriorated facility to its historic function.
The Project will result in the permanent fill of jurisdictional wetland/waters that total 0.501 acre
(97.7 cubic yards) (Attachment 1, Figure 8). The 0.501 acre of permanently impacted wetlands
will be mitigated at a 2:1 ratio (1.002 acre) and constructed within the nearby Eagle Ridge
Preserve – East Property.
This MMP includes summary information about the Mitigation Property; objectives for the
compensatory replacement, implementation specifications, including underlying rationale for
expecting success; maintenance and monitoring provisions, and contingency measures.
The wetland mitigation and monitoring plan presented herein is subject to approval by the
regulatory agencies, which includes the U.S. Army Corps of Engineers (USACE), the California
Department of Fish and Wildlife (CDFW), and the California Regional Water Quality Control
Board (RWQCB).
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1.2 Responsible Parties
1.2.1 Permittee
The Permittee is:
City of Dublin
100 Civic Plaza
Dublin, California 94568
Contact: Ms. Laurie Sucgang
(925) 833-6630
The Permittee responsibilities include the following:
• Ensuring the implementation of all construction and management activities associated
with the achievement of performance standards and as described in the MMP.
• Ensuring that all activities associated with establishing the Mitigation Property are
funded and implemented, including recordation of a Conservation Easement, start-up
activities (signage, infrastructure development, as applicable), construction of the
wetlands, etc.
• Providing long-term funding to ensure management as described in the MMP.
Any subsequent grading, or alteration of the topography and/or hydrology of the Mitigation
Property by the Permittee or its representatives must be approved by the USACE, CDFW, and
RWQCB; and the necessary environmental permits, such as a Section 404 permit, must be
obtained, if required.
1.2.2 Land Manager
The Land Manager will oversee mitigation habitat construction, plant installation, and
maintenance during the 5-year habitat establishment period. The Land Manager is responsible
for the following:
• Coordinating mitigation site implementation,
• Assist the contractor with grading and plant installation.
• Coordinate maintenance activities with the landscape maintenance contractor.
• Conducting management activities to preserve and enhance habitat and conservation
values in accordance with this MMP.
• Implementing management activities as described in this MMP, including but not limited
to:
o Maintaining and replacing signs and other infrastructure, as needed.
o Collecting and removing trash.
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o Preparing and submitting annual reports.
1.2.3 Project Biologist
The Permittee shall implement this MMP for biological impacts and monitor the mitigation
program in accordance with this MMP.
The Project Biologist will monitor habitat on the impact sites. The Land Manager and Project
Biologist can be the same entity. The Project Biologist will be a professional botanist, biologist,
or restoration ecologist familiar with California flora and fauna, and will have a working
knowledge regarding protected habitats and species as defined by the resource agencies. The
Designated Biologist must also be familiar with vegetation management practices for
maintaining the created habitats.
The Project Biologist will have demonstrated experience in monitoring sensitive resource issues
on construction and/or mitigation projects. Specifically, the monitor will have at least four years
of university training in wildlife biology or a related science and/or has demonstrated field
experience in the identification and life history of the listed species and natural history of
sensitive resources in the vicinity of the Project.
1.3 Project Description
The proposed Project involves the excavation of accumulated sediment (233 cubic yards) from
an existing engineered roadside ditch, reestablishing the historic capacity and function within the
City of Dublin drainage facility. The ditch, located along the eastern embankment of Croak
Road, historically conveyed stormwater runoff from the surrounding hillsides now containing the
Jordan Ranch and Positano Development Projects. Accumulated sediment has completely filled a
majority of the ditch extending from the intersection of Croak Road and Dublin Boulevard south,
to the culverted crossing of Croak Road where it parallels the I-580 Freeway. Due to the buildup
of sediment in the ditch, flows are now redirected across the adjacent property (Chen Property)
and a portion or Croak Road. Proposed maintenance (removal of sediment and reestablishment
of the original engineered configuration of the ditch) would restore the deteriorated facility to its
historic function. Attachment 1, Figures 7 and 8, depict the Project’s impacts and mitigation.
The Project will result in the permanent fill of Waters of the State that total 0.501 acre (97.7
cubic yards) of wetlands/waters resulting from Project development.
As shown in Table 1 below, there would be impacts to two jurisdictional features, one large
freshwater emergent wetland, and one small seasonal wetland swale, totaling 0.501 acre. These
permanently impacted wetland/waters would be mitigated at a 2:1 ratio (1.002 acres)
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Table 1: Water Bodies Impacted
Wetland/Waters
(Type)
Existing
(acres)
Impacted
(acres)
Freshwater Emergent Wetland 0.54 0.49
Seasonal Wetland Swale 0.002 0.002
Culvert Replacement 0.009 0.009
Total Wetlands/Waters 0.551 0.501 Total
The mitigation requirement is to create 1.002 acres of seasonal wetland habitat. The Permittee is
proposing to establish (create) 1.002 acre of jurisdictional wetlands within nearby Eagle Ridge
Preserve – East Property (Mitigation Property) (Attachment 1, Figure 9). Proposed mitigation
will be provided through construction (establishment/creation) of seasonal wetland habitat.
2.0 OBJECTIVES
The primary objective of the Mitigation Property is to provide compensatory mitigation for un-
avoidable impacts through the establishment of seasonal wetlands. A summary of mitigation
activities is included below in Table 2.
2.1 Habitat Establishment (Creation)
Establishment (creation) means the manipulation of the physical, chemical, or biological
characteristics present to develop a natural resource that did not previously exist at an upland
site. Establishment results in a gain in natural resource area and functions.
The mitigation requirement is to create 1.002 acre of seasonal wetland habitat. The Permittee is
proposing to establish (create) 1.002 acre of jurisdictional seasonal wetlands within the nearby
Eagle Ridge Preserve – East Property.
2.1.1 Seasonal Wetland Establishment
Seasonal wetlands will be established (created) by excavating and grading depressions in
formerly upland areas. Excavation and grading will expose the clay soils to rainfall and storm
water flows that will typically pond and/or saturate the root zone on a seasonal basis during the
late winter through early spring months. Construction of the wetland features in these areas will
include compaction of the clay layer to reduce infiltration. The goal is to provide the
characteristic interception of precipitation and overland flow into seasonal wetlands that will
help to ensure habitat diversity and ecosystem health.
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Table 2: Mitigation Activity Summary
Pre-Construction
Site Conditions Post-Construction Site Conditions
Habitat Types1 Habitat
Types1 Vegetation2 Hydrology Mitigation
Method Acres Cowardin
3 HGM4
Wetland/Waters of the U.S.
Annual Grassland Seasonal
Wetland
A mix of hydric grasses, gramanoids, and
forbs.
Seasonally
flooded Establishment 1.002 PEM1 Depressional
TOTAL 1.002
1. Habitat Types: Habitat types are general common qualitative descriptions such as riparian, marsh, tidal wetlands, open water, seasonal wetlands, vernal
pool, or annual grassland.
2. Vegetation Classification: Vegetation community types are based on the most recent widely accepted classification system, the communities used are
from A Manual of California Vegetation (Sawyer et al. 2009)
3. Cowardin: Use the Classification of Wetlands and Deepwater Habitats of the United States to identify the System, Subsystem, and Class.
4. HGM: Use the Hydrogeomorphic (HGM) Classification of Wetlands to identify the appropriate class. There are seven HGM classes: Riverine, Slope,
Mineral Soil Flats, Organic Soil Flats, Depressional, Estuarine Fringe, and Lacustrine Fringe.
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3.0 BASELINE INFORMATION
3.1 Location
The Project is located in Dublin, Alameda County, California, while the Mitigation Property is
located between Dublin, and Livermore, in Alameda County, California. The Project area is
bordered by I-580 to the south, the newly developed Jordan Ranch parcel to the north, the Chen
Property to the east, and Fallon Road to the west. The Mitigation Property is located between
Manning Road and Collier Canyon Road, approximately 3.5 miles north of I-580 (Attachment 1,
Figures 1-5). Representative photographs of the Project site and Mitigation Property can be
found in Attachment 2.
The Project Area is located within Section 2, Township 03 South, Range 01 East, and the
Mitigation Property is located within Section 18, Township 02 South, Range 02 East Mount
Diablo Base and Meridian as shown on the United States Geological Survey (USGS) Livermore
and Tassajara 7.5-minute quadrangles (Attachment 1, Figure 3).
Access to the Project Area is provided from Interstate 580. From 580, take the El Charro/Fallon
Road exit and make a left onto Fallon Road. Travel north for 0.5 miles then make a right onto
Croak Road, the Project Area will be found on the right.
Access to the Mitigation Property is provided by taking Interstate-580 East from Interstate-680.
Take exit 52B for North Livermore Avenue toward Livermore. Turn left (north) at North
Livermore Avenue and follow it for 3.6 miles. Turn left (west) at Manning Road and follow it
for 1.2 miles before turning left (south) onto the Eagle Ridge Preserve – East Property.
3.2 Landscape Position
The Project Area is located within the Livermore Valley, near the base of a series of hills. The
topography within the Project Area is generally flat, as it is within an alluvial plain. Soils were
formed from alluvium derived from sandstone and shale, and residuum weathered from
calcareous shale. The Project Area is located along the I-580 corridor between the city centers of
Dublin and Livermore.
The Mitigation Property is located within the hills north of the Livermore Valley. The western
portion of the Mitigation Property is flat, with a shallow wetland swale feature flowing north to
south. The remainder of the Mitigation Property gradually slopes up to the east.
3.3 Topography and Elevations
The topography of the Project Area is generally flat. There is a gradual gradient sloping south
along Croak Road, and the road surface is slightly elevated from the adjacent roadside ditch.
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Elevation ranges from approximately 365 feet above sea level in the north and approximately
355 feet above sea level in the south of the Project Area.
The western portion of the Mitigation Property is flat, with an elevation of approximately 730
feet above sea level. A shallow wetland feature bisects the Mitigation Property, flowing north to
south. The Mitigation Property gradually slopes up to the east to approximately 755 feet above
sea level.
3.4 Watershed Description
The Project Area is located within the San Francisco Bay 8-digit hydrologic unit code (HUC
18050004) and the Lower Arroyo Mocho 12-digit HUC (180500040302) which is approximately
32,593 acres in size. This HUC drains the southern part of Livermore, the area north of
Pleasanton, the area east of Dublin, and includes the area north of Tassajara. The wetland
features located within the Project Area are not directly connected to Arroyo Mocho, as they
enter the local storm drain system. A detailed hydrology report can be found in Attachment 3.
The Mitigation Property is located within the San Francisco Bay 8-digit hydrologic unit code
(HUC 18050004). This HUC includes all of the South San Francisco Bay, eastward to include
most of Alameda County. More locally, the Property is within the Lower Arroyo Las Positas 12-
digit hydrologic unit code (HUC 18050040203). This HUC includes most of the Livermore area,
north and south of I-580.
3.5 Climate and Precipitation
The Livermore Valley of California is characterized by a Mediterranean climate of hot, dry
summers and a mild, wet winter. In a typical year, two thirds of the precipitation falls during the
“rainy season” of November through February. The valley runs in an east to west direction with
hills and low mountains surrounding it. The valley is located approximately 12 miles inland from
the San Francisco Bay and approximately 25 miles south of the Suisun Bay.
The annual average rainfall for the Livermore area is 14.92 inches (NOAA 2021). Mean
maximum temperatures range from a low of 57 degrees Fahrenheit in December and January and
a high of 87 degrees Fahrenheit in July and August (NOAA 2021).
3.6 Soils
The USDA Natural Resources Conservation Service (formerly the Soil Conservation Service)
mapped soil types within the County (NRCS 2022). The Project Area contains one soil type:
• RdA: Rincon clay loam, 0 to 3 percent slopes
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Two soil types are found within the Mitigation Property:
• LaD: Linne clay loam, 15 to 30 percent slopes, MLRA 15
• Pb & Pd: Pescadero clay loam, 0 to 6 percent slopes, MLRA 14
The Rincon clay loam is not classified as a Hydric Soil, but both the Linne clay loam and the
Pescadero clay loam soils are classified as Hydric Soils (NRCS 2022). Hydric soils are defined
by the National Technical Committee for Hydric Soils as soils that formed under conditions of
saturation, flooding, or ponding long enough during the growing season to develop anoxic
conditions in the upper part.
3.7 Historic, Existing, and Surrounding Land Uses
The Project Area has existed in a similar state for several decades, consisting of a paved road
with an adjacent roadside ditch. In the early 2000’s several residential and commercial
developments in the area started development, with the most recent development finishing
construction in 2018. The Mitigation Property has also existed in a similar state for several
decades, consisting of open grazing and grassland habitat.
3.8 Cultural
A cultural study was conducted by Peak & Associates, Inc. in 2021 and the report concluded that
there are no known historical sites within the Project Area. If archeological discoveries are
encountered during the course of construction, various mitigation measures will be implemented,
and an archeological mitigation plan will be prepared.
3.9 Vegetation
A wetland delineation of the Project Area was conducted in 2018 and found that the Project site
supports four habitat types that consist of developed, freshwater emergent wetland, ruderal, and
seasonal wetland swale. A wetland delineation of the Mitigation Property was conducted in 2021
and found that the Mitigation Property supports two habitat types that consist of annual grassland
and a seasonal wetland swale. Generalized plant community classifications were used to classify
the habitat types found on the Property. The final classification and characterization of the
habitat types of the Project Area and Mitigation Property were based on field observations.
3.9.1 Project Area Habitat Types
Developed
The developed habitat on the Project consists of the paved road-base of Croak Road. There is
little to no vegetation growing in these areas. Some ruderal species are located along the edge of
the road, or growing from cracks in the pavement, and include Italian ryegrass (Festuca
perennis) and rip gut brome (Bromus diandrus).
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Freshwater Emergent Wetland
There is a large freshwater emergent wetland that runs north to south, parallel and adjacent to
Croak Road. Dominant vegetation within this feature includes narrow leaf cattail (Typha
latifolia), curly dock (Rumex crispus), Italian rye grass (Festuca perennis), baltic rush (Juncus
balticus), flatsedge (Cyperuss eragrostis), Mediterranean barley (Hordeum marnium), and
rabbit’s foot grass (Polypogon monspeliensis). This emergent wetland continues onto the
adjacent Chen Property.
Ruderal/Annual Grassland
There is a small area of ruderal habitat south of Croak Road, but still within the city right-of-
way. This area is surrounding a culvert and consists of highly disturbed and ruderal vegetation
including wild oat (Avena fatua), perennial pepperweed (Lepidium latifolium), black mustard
(Brassica nigra), yellow star thistle (Centaurea solstitialis), and rip gut brome. A large portion
of the Chen Property adjacent to the Project site is currently undeveloped grazing land.
Vegetation in this area includes wild oat, soft chess (Bromus hordeaceous), rip gut brome, Italian
rye grass, yellow star thistle, and Mediterranean linseed (Bellardis trixago).
Seasonal Wetland Swale
There is a small seasonal wetland swale located at the very south end of the Project Area. This
feature is the outlet for the culvert that flows under Croak Road. This feature was dominated by
vegetation such as Baltic rush, Mediterranean barley, curly dock, and wild radish (Raphanus
raphanistrum).
3.9.2 Mitigation Property Habitat Types
Annual Grassland
Most of the Mitigation Property consists of annual grassland habitat that is regularly grazed by
cattle. This annual grassland habitat is dominated by non-native annual grasses and forbs such as
wild oat, ripgut brome (Bromus diandrus), wall barley (Hordeum murinum), Italian ryegrass,
black mustard, milk thistle (Silybum marianum), heron bill filaree (Erodium cicutarium), and
California burclover (Medicago polymorpha).
Seasonal Wetland Swale
There is a long, linear seasonal wetland feature that bisects the Mitigation Property. This feature
begins at the fence line on the north boundary of the Eagle Ridge Preserve – East Property. There
is a small, 6-inch culvert that runs under Manning Road that feeds the feature. The swale then
flows southwest off the Property through one of two culverts and into the West Branch of
Cayetano Creek. While the north end of this feature is unvegetated due to cattle grazing and
wallowing, the rest of this feature is vegetated largely with Mediterranean barley and some
annual grassland species. This feature is very shallow with berms of only 2 – 4 inches but has a
distinct change in vegetation along its boundary.
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3.10 Wetlands/Waters of the U.S.
Hydrological characteristics, flow, and connectivity of the Project Area were determined in 2018
during a wetland delineation following USACE standard protocol on the Property and
surrounding areas under the same ownership. The delineation has not been verified but it
identified the presence of approximately 0.542 acre of wetlands within the study area as shown
on Attachment 1, Figure 6.
Hydrological characteristics, flow, and connectivity of the Mitigation Property were determined
in 2021 during a wetland delineation following USACE standard protocol on the Property and
surrounding areas under the same ownership. The delineation was verified on May 17, 2021 and
includes the seasonal wetland swale that bisects the Mitigation Property (Attachment 1, Figure
7).
3.11 Special-Status Species
A Biological Resource Assessment was completed by Olberding Environmental in 2016 for the
Project Area and in 2022 for the Mitigation Property and found that the Property has the
potential to support numerous special status plants and animals. The presence of seasonal
wetlands on the Property supports a wide variety of wildlife. Special-status species with the
potential to occur are listed below.
• Prostrate Vernal Pool Navarretia (Navarretia prostrata) CNPS 1B. This species is
found in vernal pools and similar habitats. There is a recorded CNDDB occurrence of this
species within the Project Area. The freshwater emergent wetland habitat found east of
Croak Road provides suitable habitat for this species in the Project Area. This species is
not anticipated to occur within the Mitigation Property.
• San Joaquin Spearscale (Atriplex joaquiniana). CNPS List 1B. This species is found
among chenopod scrub, meadows, seeps, playas, and valley and foothill grasslands with
alkaline soils. The freshwater emergent wetland habitat found east of Croak Road
provides suitable habitat for this species within the Project Area. A CNDDB occurrence
of this species occurs immediately west of the Mitigation Property, and may occur within
the Mitigation Property.
• Congdon’s Tarplant (Centromadia parryi ssp. congdonii). CNPS List 1B. This species
typically occurs in valley and foothill grasslands in moist alkaline soils. There is a
recorded CNDDB occurrence of this species within the Project Area. The freshwater
emergent wetland habitat found east of Croak Road provides suitable habitat for this
species within the Project Area. An extant CNDDB occurrence of this species overlaps
with part of the Eagle Ridge Preserve – East Property, therefore it is considered present
within the Mitigation Property.
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• California Red-Legged Frog (CRLF) (Rana draytonii). Federally Threatened,
California Species of Special Concern. This species is found in lowlands, foothill
woodland and grasslands, near marshes, lakes, ponds, or other water sources. These
amphibians require dense shrubby or emergent vegetation closely associated with deep
still or slow moving water. Generally, these frogs favor intermittent streams with water at
least two and a half feet deep and where the shoreline has relatively intact emergent or
shoreline vegetation. CRLF is known from streams with relatively low gradients and
those waters where introduced fish and bullfrogs are absent. There is a recorded CNDDB
occurrence of this species within the Project Area. The freshwater emergent wetland
habitat found east of Croak Road provides suitable habitat for this species within the
Project Area. There is a CNDDB occurrence of this species immediately adjacent to the
Mitigation Property. Due to the close proximity of recent and nearby occurrences, there is
a high potential for CRLF to use the Mitigation Property in a dispersal and upland
capacity.
• California Tiger Salamander (Ambystoma californiense). Federally Threatened,
State Threatened. This species prefers vernal pools and other temporary ponds as
breeding pools. However, they may also use permanent manmade ponds as breeding
habitat. A minimum of ten weeks is required to complete larval development through
metamorphosis, at which time the larvae will normally weigh about ten grams. The
freshwater emergent wetland habitat found east of Croak Road provides suitable habitat
for this species within the Project Area. The Mitigation Property does not contain suitable
CTS breeding ponds; however, the grassland habitat within the site contained structural
features such as small mammal burrows that could provide suitable upland habitat within
a close proximity to known CTS breeding ponds. For these reasons, there is a high
potential for CTS to occur within the Mitigation Property.
• Burrowing Owl (Athene cunicularia). California Species of Special Concern.
Burrowing owls are ground dwelling members of the owl family and are small brown to tan
colored birds with bold spots and barring. Burrowing owls generally require open annual
grassland habitats in which to nest, but can be found on abandoned lots, roads, airports,
and other urban areas. Burrowing owls generally use abandoned California ground
squirrel holes for their nesting burrow, but are also known to use pipes or other debris for
nesting purposes. Burrowing owls prefer annual grassland habitats with low vegetative
cover. A CNDDB occurrence of this species is located east of the Mitigation Property.
Wintering owls have been observed just west of the site at Eagle Ridge Preserve for
many years, most recently in November 2018. The Mitigation Property contains similar
soil composition and grassland habitat as the adjacent Eagle Ridge Preserve to the west of
the site. Additionally, the grasslands within the Mitigation Property provide suitable
foraging habitat within the site, and the ample active ground squirrel burrow complexes
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onsite create suitable breeding habitat for burrowing owl. For these reasons, burrowing
owl may occur in the Mitigation Property in a breeding and foraging capacity.
• Red-shouldered Hawk (Buteo lineatus). State Protected. This medium-sized raptor’s
habitat varies from bottomland hardwoods and riparian areas to upland deciduous or
mixed deciduous-conifer forest, and almost always includes some form of water, such as
a swamp, marsh, river, or pond. A red-shouldered hawk has been previously observed on
the adjacent property to the Project Area. The freshwater emergent wetland habitat
provides potential foraging habitat for the species in the Project Area. This species has
also been observed foraging in the Mitigation Property, and is present in a foraging
capacity.
• Red-Tailed Hawk (Buteo jamaicensis). State Protected. This large raptor forages
among grassland habitat, and nests within large trees. This species has been observed
foraging within the Chen Property, adjacent to the Project Area. The freshwater emergent
wetland and ruderal habitat provide potential foraging habitat for this species in the
Project Area. This species has been frequently observed foraging in the Mitigation
Property and has been recently observed nesting in the Eucalyptus trees immediately
south of the Mitigation Property. Therefore, this species is present within the Mitigation
Property.
• Prairie Falcon (Falco mexicanus). California Species of Special Concern. This raptor
is known to inhabit dry open terrain either in level or hilly habitats. Prairie falcons nest
on cliffs, but will forage far afield. Similar in appearance to the female of the smaller
merlin (Falco columbarius), it shows a darker facial stripe than the merlin. The wings
and tail are pale brown and the underside is cream-colored and heavily spotted. Prey
species are birds and small mammals. This species has a high potential to forage across
the Mitigation Property, but there is no potential for nesting.
• American Kestrel (Falco sparverius). State Protected. This small raptor forages among
open areas with short ground vegetation and sparse trees including meadows, grasslands,
deserts, parks, farm fields, cities, and suburbs. Kestrels utilize cavities in trees for nesting
and hunt small rodents and birds. This species was observed foraging within the Chen
Property, adjacent to the Project Area. The freshwater emergent wetland and ruderal
habitat provide potential foraging habitat for this species in the Project Area. This species
has been frequently observed foraging in the Mitigation Property, and is present in a
foraging capacity.
• White-tailed Kite (Elanus leucurus), CDFW Fully Protected. This small hawk is
found among various grassland habitats, including undisturbed, open grasslands,
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meadows, farmlands, and emergent wetlands. Nests are typically placed near the top of
dense tree stands such as oak or willow and are located near foraging areas. The
freshwater emergent wetland provides potential foraging habitat for this species on the
Project Area. White-tailed kites have been frequently observed foraging in and around
the Mitigation Property during survey events. There are several large willow trees within
the riparian habitat near to the Mitigation Property that could be suitable nest sites for
white-tailed kite. For these reasons, white-tailed kite has a high potential to occur in a
foraging capacity.
• Loggerhead Shrike (Lanius ludovicianus). Federal Species of Special Concern,
California Species of Special Concern. This small to medium sized bird prefers open
habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches. It occurs
only rarely in heavily urbanized areas, but is often found in open cropland. These birds
use shrubs, dense trees, and thickets of vegetation for nesting sites. The freshwater
emergent wetland and ruderal habitat provide potential foraging habitat for this species in
the Project Area. This species has been observed foraging in the Mitigation Property, and
is present in a foraging capacity.
• Tricolored Blackbird (Agelaius tricolor). Federal Species of Special Concern,
California Species of Special Concern. This small to medium sized bird is highly
colonial and nests in marshy habitats, often in large stands of blackberry and cattail. The
freshwater emergent wetland habitat provides potential nesting habitat for this species in
the Project Area. Foraging opportunities exist across the Mitigation Property for this
species. This species may occur in a foraging capacity in the Mitigation Property.
• Golden Eagle (Aquila chrysaetos). California Fully Protected. The golden eagle is
typically found in open grasslands, pastures, and oak woodland, often near lakes and
rivers. Their plumage is dark brown overall, with some white at the base of the tail, and
golden-to-blonde feathers on the nape of the neck. The bill and talons are black and the
cere (soft membrane that covers the nostrils) and feet are yellow. There are three
CNDDB occurrences of this species located near the Mitigation Property. Additionally,
golden eagles have been observed foraging within the adjacent Eagle Ridge Preserve
during several survey events. For these reasons, golden eagle is present in the Mitigation
Property in a foraging capacity only.
• American Badger (Taxidea taxus). California Species of Special Concern. This large
member of the weasel family has a flat body with short legs ideally suited to digging
burrows. Found in open plains, prairies, forests and grasslands, this species feeds on
ground squirrels, mice, and gophers. Badgers mate between July and August, but do not
give birth until March. There is a CNDDB occurrence of this species located
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approximately 3 miles west of the Mitigation Property, 1.7 miles south of the junction of
Tassajara Road and Highland Road. Signs of a badger were observed at this location in
1992. The annual grassland within the Mitigation Property is suitable habitat for
American badger. Additionally, signs of badgers and their remains have been observed
within the Mitigation Property and badgers have been observed in the adjacent Eagle
Ridge Preserve. For these reasons, American badger may occur in the Mitigation
Property.
• San Joaquin Kit Fox (Vulpes macrotis). Federally Threatened, California. The San
Joaquin kit fox (SJKF) has a slim body with large, conspicuous ears, and a long, bushy,
black tipped tail. It is the smallest canid species in North America. The SJKF lives in
annual grassland habitats where friable soils are present in which they may excavate den
sites. The general habitat requirement for the kit fox is annual grasslands or grassy open
habitat stages with scattered shrubby vegetation. Food requirements for the SJKF are
rodents, insects, and even garbage in urbanized areas. Grassland habitats with a large
rodent prey base and loose textured soils are thought to provide the best habitat for the
SJKF. There are two historic CNDDB occurrences in the vicinity of the Mitigation
Property. The grassland habitat is considered to be somewhat suitable for SJKF,
especially considering the abundance of ground squirrel burrow complexes. However,
due to the lack of recent sightings within the Livermore Valley area, SJKF will most
likely occur in the Mitigation Property in a dispersal capacity only.
4.0 IMPLEMENTATION PLAN
This section presents the Implementation Plan for the mitigation habitat. Habitat creation
(establishment) will include the construction of a low gradient wetland depressional feature that
will develop into seasonal wetland habitat.
Prior to implementation of the wetland construction activities, a qualified biologist will conduct
surveys to assess the possible presence of species that may be impacted by construction
activities. Work onsite may occur during avian nesting periods; if active nests are observed
during wildlife surveys, a suitable buffer will be established to ensure that active nests are not
negatively impacted during implementation of the construction activities.
4.1 Implementation Approach and Sequence
This section summarizes wetlands creation activities and sequencing and identifies the
responsibilities of the Project Biologist and Restoration Contractor. References to sections
providing more detailed information on topics covered are included. The Mitigation Plan shows
the areas where wetland creation will occur within the nearby Eagle Ridge Preserve – East
Property (See Figure 9). A cross section of the target wetland topography is also on this figure.
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Upon completion of construction, installation of fencing, gates and signs will also occur where
needed along the perimeter of the Mitigation Property. As-built plan survey activities and
reporting will also be conducted at completion of work.
4.2 Site Preparation
The wetland establishment site will first be mowed close to the ground and the upper 4 to 6
inches of soil will be excavated and stockpiled at designated upland locations; this soil will
subsequently be spread on the new wetlands to provide organic matter and potentially wetland
plant seed material to the newly established wetland mitigation habitat.
4.3 Grading
The seasonal wetlands will be mass-graded/excavated using a rubber-tired earth mover to form
bottom microtopography and side slopes. Excavated material will be temporarily stockpiled
onsite and will be mounded as a balanced cut-and-fill project.
Finish grading will involve grading along the edges of an excavated area to tie into existing
topography and grading the bottom of the created wetland area to provide the appropriate flat
topographic relief (<1-2 percent slope) for wetland hydrology, soil, and plant development.
Grading activities will be monitored by a grade checker using a hand level to ensure that the
constructed wetlands meet the design criteria. The grade checker will be under the direction of
the Project Biologist.
4.4 Revegetation of Disturbed Areas
The created wetland will be seeded with a native seed mix to enhance wetland vegetation
growth. Seeding with native seed mix (Table 3), coupled with natural colonization by species
from seed sources in the existing soils will bring in a mix of both native and non-native species.
The established wetlands are expected to show significant vegetative growth within 3 to 4 years.
Species selected for the wetland and upland seed mixes were chosen based on their respective
wetland indicator statuses and the ability to survive in alkaline/saline environments. To ensure
suitability to the conditions at the Project site, many of the species chosen for both the wetland
and upland seed mixes have a moderate to high salt tolerance.
Hydrophytic plant species, or those with an indicator status of FAC, FACW, or OBL, were
chosen for the wetland seed mix as they are more suited to frequent saturation and/or inundation.
Most of the species selected for the upland seed mix have a wetland indicator status of FAC,
FACU, or UPL as they are more suited to dry conditions.
The areas to be seeded will be harrowed after finish grading to achieve a one to two-inch deep
friable seed bed. The seed mix will be broadcast at the specified rates and lightly harrowed into
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the seed bed to achieve good seed to soil contact. Any erosion control BMPs including fabric and
straw wattle installation will occur after broadcast of seed but before application of hydromulch.
A mixture of hydromulch, tackifier, and water at appropriate rates will be sprayed with a trailer
or truck mounted hydroseeder over the top of the seeded soil bed. Seeding is planned to occur
right before the rainy season (i.e., September/October) or early in the rainy season (i.e.,
November). It is anticipated that wetland plant species will colonize rapidly during the
winter/spring following construction.
Table 3. Seasonal Wetland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre *
Cyperus eragrostis Tall flat-sedge FACW 4
Eleocharis macrostachya Common spikerush OBL 4
Euthamia occidentalis Western goldenrod FACW 3
Festuca microstachys Pacific fescue FAC 6
Hordeum brachyantherum Meadow barley FACW 6
Juncus patens Spreading rush FACW 2
Lasthenia californica California goldfields FAC 2
Plagiobathrys nothofulvus Rusty popcorn flower FAC 1
Total 28
* The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates
on available stock.
The disturbed upland areas within the Mitigation Property will be subject to seeding with a
native seed mix as shown below in Table 4.
Table 4. Preserve Upland Seed Mix
Scientific Name Common Name Wetland Status Pounds Per
Acre*
Achillea millefolium White yarrow FACU 1
Bromus carinatus California brome UPL 5
Elymus glaucus Blue wildrye FACU 6
Eschoscholzia californica California poppy UPL 2
Festuca microstachys Pacific fescue FAC 4
Hordeum brachyantherum Meadow barley FACW 6
Lupinus bicolor Miniature lupine UPL 2
Stipa pulchra Purple needle grass UPL 4
Total 30
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* The final seed mix and pounds per acre will be based on native seed availability and pure live seed rates
on available stock.
4.5 Implementation Schedule
Construction of the mitigation habitat is planned 2022 depending on receipt of permits and
authorizations. Because the established wetlands will not receive supplemental irrigation water,
the seeding timing is important. Due to the unpredictability of the rainy season, the Project
Biologist will schedule the seeding. After initial planting and seeding is complete, the site will be
maintained and managed by activities described in this MMP.
4.6 Documentation of As-Built Conditions
Within 60-days after wetland construction is complete; a post-construction as-built survey will
be prepared and submitted to USACE. This report will include:
• The as-built plan based on the post-construction survey.
• Description of construction activities, paying particular attention to any adjustments to
the installation plan.
• Photo-documentation of construction activities, as well as identification of permanent
photo point locations.
5.0 MAINTENANCE PLAN
Maintenance will be required in order for the ecological functions and values of the site to meet
and/or exceed performance expectations. Maintenance shall be considered habitat management
where an adaptive management strategy is employed, and multiple aspects of the Mitigation
Property are evaluated in order to determine the most feasible and desirable maintenance
pathway.
Maintenance activities will be conducted during the five-year establishment period.
5.1 Pest Plant and Wildlife Species
Plant and wildlife species considered to be a threat to the mitigation will be subject to monitoring
and control.
Control of nuisance plants may include the use of specific herbicides. Herbicide application is
allowed, but only to control small, localized stands of nuisance vegetation. Manual or
mechanical control activities will be considered first and will be evaluated for reduced species
impacts compared to herbicides. They may also be utilized if an herbicide application is
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determined not to be feasible or desirable by the Land Manager. Manual methods include hand
pull or the use of handheld tools to remove nuisance vegetation. Mechanical methods may
include mowing with string trimmer or deck mower as determined by the Land Manager.
The following specifications must be adhered to prior to application of herbicides within the
Mitigation Property.
• Herbicide application is allowable but should only be considered feasible after manual
and mechanical methods have been ruled out. Application of herbicides will be
accomplished in accordance with the following standards:
o Herbicides will be used only by a qualified and licensed applicator (QAL) and
only applied according to a licensed pest control advisor (PCA) recommendation.
o Under the direction of the Land Manager, a biological monitor will accompany
sprayers to prevent impacts to non-target native vegetation that is to be retained.
o Target vegetation will only be sprayed using EPA-approved herbicides which are
recommended for use in wetlands.
o Small spot treatments will be prioritized over large-scale broadcast methods to
minimize the footprint of the herbicide application.
• If manual and mechanical efforts are not effective, herbicide may be used to target
nuisance plant species found on the Property. Nuisance species are defined as Cal-IPC
high species and moderate broadleaf species. Nuisance species found within the Property
include yellow star thistle, black mustard, bull thistle (Cirsium vulgare), artichoke thistle
(Cynara cardunculus), and stinkwort (Dittrichia graveolens). Studies have shown
chlorsulfuron (Telar brand) to be a highly effective pre-emergent herbicide that
specifically targets broadleaf species, such as yellow star thistle. Utilizing a selective
herbicide such as chlorsulfuron should be prioritized above using a non-selective
herbicide such as glyphosate; however, glyphosate may be a viable option as a last resort
if all other control efforts are ineffective, or if otherwise determined by adaptive
management.
5.2 Fencing
Fencing to exclude unwanted human activity from the Mitigation Property will be maintained in
good condition to prevent unauthorized encroachment. Site fencing will consist of five-strand
barb wire with t-posts installed at ten feet on center. All new fence that is constructed will be
wildlife friendly in that the top and bottom strands will be smooth, and the bottom strand will be
no less than 16 inches above the ground.
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6.0 PERFORMANCE STANDARDS
This section presents the performance standards that need to be achieved before the
compensatory mitigation activities can be deemed successful. Annual monitoring results will be
compared with performance standards to indicate the extent to which the Mitigation Property is
developing suitable wetland habitat. If annual monitoring results fall below performance
standards, the cause will be investigated by the Project Biologist and adaptive management
recommendations will be proposed to remediate the deficit and attain compliance with the final
performance standards.
The seasonal wetland habitat will be monitored, and the results will be compared against
performance standards below to ensure the site provides high quality ecological functions and
values. There will be six performance standards for the created habitat within the Mitigation
Property (Table 5):
• PS-1 - The frequency of inundation and/or saturation will be a minimum of 18.25
continuous days per year within the established (created) wetland habitat.
• PS-2 - The established (created) wetland habitat will show evidence of ponding in
photographs.
• PS-3 – The established (created) wetland habitat will show an increase in vegetative
cover over 5 years. The wetland will have at least 75% absolute cover by Year 5.
• PS-4 – The established (created) wetland habitat will have a minimum of 51 percent
absolute cover of OBL, FACW, and FAC species by Year 5.
• PS-5 – The established (created) wetland habitat will meet all three Corps criteria in
Years that a wetland delineation is performed (Years 3 and 5).
• PS-6 – Nuisance plant species cover on the overall site will not be greater than 10
percent. Nuisance plant species will be those that have a “high” rating by Cal-IPC or are
“moderate” broadleaf species.
7.0 MONITORING AND REPORTING
Monitoring and reporting for performance will occur for a minimum of 5-years for
wetlands/waters or until attainment of performance standards. If performance standards are not
met by the end of the stated monitoring and management period for a given habitat type, then
monitoring can be extended into future years until performance standards are attained, remedial
actions may occur, or compensatory mitigation may be required through another mitigation
mechanism to make up the difference.
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The monitoring objectives:
1. Track habitat progress towards meeting the performance standards, and
2. Identify and remedy any problems that could impact the success of the mitigation effort
and/or compromise the ecological functions and values of the site.
The monitoring protocol and results will be reviewed annually. Adjustments to monitoring
procedures may be required as the site changes over time, or if logistical problems render a
procedure unduly difficult to conduct. Such adjustments will be discussed with the regulatory
agencies as necessary. After reviewing the monitoring reports, the regulatory agencies may also
have suggestions for adjusting the monitoring program. Regulatory agency suggestions will be
reviewed and, if appropriate, incorporated into the following year's monitoring program. The key
is to anticipate that the monitoring program may need occasional adjustments to remain accurate,
complete, and feasible.
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Table 5: Performance Standards
Category Performance Standard Establishment Year
Year 1 Year 2 Year 3 Year 4 Year 5
PS-1 Wetland
Hydrology
The wetland will show evidence
of wetland hydrology through
inundation (ponding) and/or
saturated soil conditions.
The seasonal wetland habitats will be saturated or inundated for at least 14 days during an average rainfall year.
PS-2
Wetland
Hydrology
Data will be collected by direct
observation, photo
documentation, and/or water
measurement devices (staff-
gauges) placed in the selected
wetland features.
The established (created) wetland habitat will show evidence of ponding in photographs.
PS-3
Vegetation
Percent Cover
The wetland will have
germination and growth of a
variety of plant species and at
appropriate overall cover levels.
Total area coverage
may be sparse after
first year. Presence
of young shoots for
seeded species.
The wetland will
have at least 50%
absolute vegetative
cover.
The wetland will
have at least 60%
absolute vegetative
cover.
The wetland will
have at least 70%
absolute vegetative
cover.
The wetland will have
at least 75% absolute
vegetative cover.
PS-4
Wetland
Species
The seasonal wetlands will be
dominated by hydrophytic
vegetation (OBL, FACW, and
FAC).
A minimum of 51
percent absolute cover
of OBL, FACW, and
FAC species.
PS-5
Wetland
Verification
A wetland delineation will be
conducted with a sufficient
number of paired sampling
points to differentiate the
boundary between upland and
wetland.
Wetland delineation Wetland delineation
PS-6
Invasive
species
The overall mitigation site will
not be dominated by non-native
invasive vegetation.
Total absolute cover of non-native invasive plant species (all plant species with “High” impact rankings by Cal-IPC
and all broadleaf species with “moderate” rating) is no more than 10 percent.
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7.1 Seasonal Wetland Monitoring
Hydrology data will be collected from the established (created) habitat to coincide with the
California rainy season (i.e., Sept/Oct to Apr/May). The first hydrology data collection event will
occur with the onset of fall rains no more than two weeks after the first soaking rain event (i.e.,
one inch of rain in 24 hours). Hydrology monitoring will occur at least monthly during the rainy
season and will not end until bankfull ponding is documented with a photograph and/or at least
18.25 days of ponding/saturation has occurred. Monthly hydrology monitoring events will occur
until the wetlands are totally dry, presumably early- or mid-summer.
At each data collection event, water depths will be recorded from staff gauges which will be
marked at one-inch increments and placed in the bottoms of the habitat features they are intended
to provide data for or collected by hand with a measuring stick or ruler.
Monitoring of wetland vegetation using randomly placed one square meter quadrats will occur
during the spring monitoring event. Quadrats will be placed randomly within the seasonal
wetland habitats. Each plant species occurring within the quadrat will be recorded and assigned
an absolute cover value. The absolute percent cover of bare ground and thatch will also be
recorded from each quadrat. Photos will be taken of the quadrats and a representative sample will
be included in annual monitoring reports.
Photographic monitoring will also occur at each wetland data collection event from fixed photo
points and any other relevant areas. Photos of actively ponded wetlands will be taken and
provided in monitoring reports.
Annual precipitation data will be obtained from the closest climatological station and included in
monitoring reports.
Vegetation, soil, and hydrologic conditions will be monitored using the USACE’ 1987 Wetlands
Delineation Manual, the Corps’ September 2008 Regional Supplement to Corps of Engineers
Wetland Delineation Manual: Arid West (Version 2.0) (Arid West Supplement), and relevant
USACE guidance documents whereby field observations will be made in the wetlands during the
rainy season until the wetland soil and hydrology criteria are met. The percentage and depth of
ponded water and/or soil saturation will be noted during monitoring visits. This information will
be recorded on the Arid West field data sheet.
7.2 Non-Native Invasive Vegetation Monitoring
Plant species designated by the California Invasive Plant Council (Cal-IPC - https://www.cal-
ipc.org/plants/inventory/) to be plant pests (impact rating of “high”) will not be allowed to
colonize and become established within the Mitigation Property. The percent cover of non-native
invasive species will come from qualitative plant community assessment, wetland delineation
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vegetative data, direct observation, and/or photo documentation. Any problematic or new stands
of non-native invasive vegetation will be photographed and described in the monitoring report
along with recommendations for control and/or eradication.
7.3 Photo Documentation
Photo documentation will occur during all monitoring years from permanent photo stations that
will be established during construction and shown on the as-built plan drawings. Photo station
locations will be selected to illustrate year-to-year progress in relation to the existing habitat.
Photo locations will be recorded with GPS equipment to ensure photos will be taken from the
same location each year. Photographs will also be taken to record any events that may have a
significant effect on the success of restoration, such as flood, fire, or vandalism. The location and
direction of view of the photo stations will be provided with all monitoring reports. Color
photocopies of the permanent photo stations will be included as an attachment in monitoring
reports.
7.4 Annual Report
Habitat establishment monitoring reports summarizing the results of the monitoring effort will be
submitted to the regulatory agencies by December 31 every year for the first 5 years.
The annual report will document the degree to which the Mitigation Property is meeting the
performance standards. The monitoring reports will describe any deficiencies in attaining and
maintaining performance standards and any remedial action proposed, approved, or performed. If
remedial action(s) have been completed, the annual report will also evaluate the effectiveness of
that action.
A final monitoring report summarizing the mitigation project and evaluating the site's overall
performance will be prepared and submitted at the end of monitoring (Year 5). The final annual
report will include a count and assessment of species. A final field visit will be conducted to
verify that onsite conditions are consistent with information documented in the annual reports.
The annual report will include the following information.
Project Overview (1 page)
a. Agency Permit Numbers
b. Name of party responsible for conducting the monitoring and the date(s) the
inspection was conducted.
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c. A brief paragraph describing the purpose of the approved project, acreage and
type of resources impacted; and mitigation acreage and type of resources
authorized to compensate for the impacts.
d. Written description of the location, any identifiable landmarks of the
compensatory mitigation project including information to locate the site
perimeter(s), and coordinates of the mitigation site (expressed as latitude,
longitudes, UTMs, state plane coordinate system, etc.).
e. Dates the compensatory mitigation project commenced and/or was completed.
f. The time period covered (i.e., the dates “from” and “to”).
g. Short statement on whether the performance standards are being met.
h. Dates of any recent corrective or maintenance activities conducted since the
previous report submission.
i. Specific recommendations for any additional corrective or remedial actions.
Requirements (1 page)
a. List the monitoring requirements and performance standards specified in the
approved mitigation plan or special conditions of agency permits.
b. Evaluate whether the compensatory mitigation project site is successfully
achieving the approved performance standards or trending towards success. (Use
a table to present this information).
c. Management tasks accomplished during the year shall be identified. All herbicide
use shall be reported. The type of herbicide, target species, frequency and
duration of use, and minimization measures will be reported.
Summary Data (4 pages maximum)
a. Present summary data to substantiate the success and/or potential challenges
associated with the compensatory mitigation project.
b. Include photo documentation to support the findings and recommendations in the
monitoring report and to assist the Project Biologist in assessing whether the
compensatory mitigation project is meeting applicable performance standards for
that monitoring period.
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Format submitted photos to print on a standard 8 ½” x 11” paper.
Show date and clearly label photos with the direction from which the
photo was taken.
Identify the photo stations on the appropriate maps.
Maps and Plans (3 pages maximum)
Provide maps that show location of compensatory mitigation site relative to other
landscape features; mitigation site perimeter; habitat types; locations of photo reference
points, transects, sampling data points, and other pertinent features.
Format maps/diagrams to print on 8.5” x 11’ paper.
Include a legend and photo locations.
Conclusions (1 page)
a. Include statement that describes the conditions of the compensatory mitigation
project.
b. If performance standards are not being met, explain the difficulties and potential
remedial actions together with a timetable for correction.
8.0 ADAPTIVE MANAGEMENT/REMEDIAL MEASURES
Adaptive management is a strategy to deal with unexpected changes in site conditions,
responsibilities, or performance of the site so that the compensatory mitigation project achieves
its objectives and ecological performance standards.
Potential problems that may trigger a need for adaptive management include failure to attain
performance standards, fire, substantial infestation by non-native plants and animals, and
unanticipated anthropogenic problems such as large-scale trespassing and vandalism.
The Project Biologist will regularly analyze site progress as part of monitoring and reporting and
will suggest remedial measures to address unforeseen changes in site conditions or other
components of the mitigation project.
If the annual monitoring results indicate that the site is falling below performance threshold
values, then remedial actions will be implemented and funded by the Permittee of the mitigation
project. Remedial actions may include but are not limited to: replacement planting, additional
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watering, nuisance plant control and eradication, monitoring for additional years, and mitigating
for the project at an alternative site.
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9.0 REFERENCES AND LITERATURE CONSULTED
California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base (CNDDB).
2021. Computer listings and map locations of historic and current recorded occurrences
of special-status species and natural communities of special concern for USGS 7.5-
minute quadrangle maps.
California Invasive Plant Council (Cal-IPC). 2021. Inventory of Invasive Plants. Available
online at https://www.cal-ipc.org/plants/inventory/
California Native Plant Society (CNPS). 2021. Inventory of Rare and Endangered Plants (on-line
edition, v6-04d1). California Native Plant Society. Sacramento, CA. Available online at
http://www.cnps.org/inventory.
Cline, George, Alexander Neigher, Annemarie Bellinder. Climate of Sacramento, California.
National Weather Service Office, Sacramento, California. Revised August, 2010.
NOAA (National Oceanic and Atmospheric Administration). 2021. Climatological precipitation
summary for Sacramento. National Weather Service. Sacramento Weather Forecast
Office. Sacramento, CA. Available online at
https://w2.weather.gov/climate/local_data.php?wfo=sto. Accessed September 14, 2021.
Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture. 2022. Web
Soil Survey. Available online at
https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/survey/. Accessed on March 21,
2022.
Olberding Environmental, Inc. November 2016. Biological Resources Analysis Report for the
Chen Property, City of Dublin, Alameda County, California. Prepared for GH America
Investments, INC, Houston, Texas.
Peak and Associates, Inc. 2021. Cultural Resource Assessment for the Croak Road Restoration
Project, City of Dublin, Alameda County, California. Prepared for Wooi J. See Ferris,
September 14, 2021.
Sawyer J. T. Keeler-Wolf, and K. Evans. 2009. A Manual of California Vegetation, Second
Edition. California Native Plant Society.
272
Attachment 1
Figures
273
^_
^_
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 1: Regional MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/18/2022
0 4 82
MilesIScale: 1:250,000 1 in = 4 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure1_RegionalMap.mxd
Print at 8.5" x 11"
^_Property Location
^_Mitigation Location
274
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 2: Vicinity MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure2_Vicinity_03212022.mxd
Print at 8.5" x 11"
Project Area
Mitigation Area
275
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 3: USGS Topographic MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/21/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure3_USGS_03212022.mxd
Print at 8.5" x 11"
Project Area
Mitigation Area
Project Area: Livermore USGS 7.5" Quadrangle
37.703713° -121.850455°
T03S, R01E, S2
Mitigation Area: Tassajara USGS 7.5" Quadrangle
37.754621° -121.794972°
T02S, R02E, S18
276
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 4: Project Area Aerial MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 200 400100
FeetIScale: 1:2,400 1 in = 200 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure4_AerialMap.mxd
Print at 8.5" x 11"Project Area
277
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 5: Mitigation Area Aerial MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 100 20050
FeetIScale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure5_MitigationAerialMap.mxd
Print at 8.5" x 11"Mitigation Area
278
!A
!A
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 6: Project Area Jurisdictional DelineationCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 03/22/2022
0 150 30075
FeetIScale: 1:2,000 1 in = 167 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure6_ProjectWetlandMap.mxd
Print at 8.5" x 11"
Project Area (1.69 ac)
Property Boundaries
!A Culverts
Aquatic Resources
Freshwater Emergent Wetland (0.54 ac)
Seasonal Wetland Swale (0.002 ac)
!A
!A
279
!(
!(
!(
!(
!
!
!
!
!
!
!
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!
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!
!
!
!!
!
!
1B
1A
2B 2A37.758514,
-121.801835
37.751829,
-121.786458
193 Blue Ravine Road, Ste. 160
Folsom, California, 95630
Phone: (916) 985-1188
Figure 7: Eagle Ridge Preserve - East Jurisdictional Delineation MapCroak Road Restoration ProjectCity of DublinAlameda County, California
0 440 880220Feet
Scale:1:4,205 1 inch = 350 feet
Eagle Ridge Preserve - East (173.45 acres)
Mitigation Area (4.02 AC)
!Map Reference Points
!(Upland Sample Point
!(Wetland Sample Point
!CulvertsCorps Jurisdictional Features
Wetlands
Corps Jurisdictional Waters
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure7_MitigationWetlandMap.mxd
µ
Coordinate System:
NAD 1983 2011 StatePlane California III FIPS 0403 Ft US
Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
Map Revision Date: 3/22/2022
Made in accordance with theUpdated Map and Drawing Standards for theSouth Pacific Division Regulatory Program,as amended on February 10, 2016, by:Jason Deters, Project ManagerEnforcement and Special Projects UnitU.S. Army Corps of EngineersSouth Pacific Division1325 J Street, Room 1350Sacramento, California 95814-2922
Print at 11" x 17"
280
REPLACEMENT OFEX. 24"CMP CULVERT8'x8' RIP-RAP ATCULVERT INLET(4.7 CY FILL)10'x10' RIP-RAP ATCULVERT INLET(7.4 CY FILL)GH PACVESTWETLAND IMPACT EXHIBITDUBLINBOULEVARDFALLON ROAD
LEGEND:EXISTING BOUNDARY LINEIMPACTED FRESHWATER EMERGENT WETLANDS (21,160 SF/0.49 AC)IMPACTED SEASONAL WETLAND (87 SF/0.002 AC)FRESHWATER EMERGENT WETLAND (0.54 AC)*SEASONAL WETLAND SWALE (0.002)**DELINEATIONS SHOWN ARE PER WETLAND RESEARCH ASSOCIATES DELINEATION TITLED "FIG. 4 OFFSITE PROJECT AREA AQUATIC RESOURCES - EAST RANCH" DATED 5/5/2021RIP-RAP PROTECTION AT CULVERT ENDSOLD FALLON ROAD
CROAKROADGH PACVESTPROPERTY281
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 9:Off-site Mitigation Area MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Created on: 03/22/2022
0 100 20050
Feet
Scale: 1:1,200 1 in = 100 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\CroakRoad_Figure9_EagleRidgeWetlandMitigation.mxd
Print at 11" x 17"
Eagle Ridge Preserve - East
Boundary
Mitigation Area (4.0 AC)
Proposed Wetland Mitigation
(1.002 AC)
Existing Wetland Features
Seasonal Wetland Swale
Coordinate System:
NAD 1983 2011 StatePlane California III FIPS 0403 Ft US
Projection: Lambert Conformal Conic
Datum: NAD 1983 2011
Units: Foot US
µ
282
Attachment 2
Representative Photographs
283
Croak Road Ditch/Drainage Maintenance – March 2022
1.Facing south, photo shows the Project area along Croak Road facing south towards Interstate I-580.
September 24, 2019.
2.Facing northeast, photo shows the corner of Croak Road where water is pooling on the road due to the blocked
culvert. The Project will be replacing the culvert to allow for flow to the storm drain under the I-580 freeway.
September 24, 2019.
284
Croak Road Ditch/Drainage Maintenance – March 2022
3.Facing northeast, photo shows the wetland area at the bend in Croak Road. November 1, 2021.
4.Facing south, photo shows ponded water within the ditch under the trees at the south end of Croak Road.
March 14, 2018.
285
Croak Road Ditch/Drainage Maintenance – March 2022
5.Facing southwest, photo shows the seasonal wetland swale in the northwest corner of the Eagle Ridge
Preserve – East Property that bisects the Mitigation Area. April 7, 2021.
6.Facing southwest, photo shows another portion of the existing seasonal wetland swale in the Mitigation Area.
The mitigation features will be constructed on either side of this swale. April 7, 2021.
286
Croak Road Ditch/Drainage Maintenance – March 2022
7.Facing southeast, photo shows the upland habitat adjacent to the seasonal wetland swale where the mitigation
features will be constructed. April 7, 2021.
287
Attachment 3
Hydrology Report
288
Project Number: 19887.1DG.D
TECHNICAL MEMORANDUM
- SINCE 1953 -
5142 FRANKLIN DRIVE, SUITE B, PLEASANTON, CALIFORNIA 94588-3368 PHONE: (925) 225-0690 FAX: (925) 225-0698
OFFICES: PLEASANTON ROSEVILLE
www.msce.com
P:\19887\PLN\Hydro-P\Ditch-Hydro-Tech-Memo\19887.1DG.D-MM-Ditch-Hydro-Tech-Memo-2021_08_06.doc
Date: August 4, 2021
To: Wooi J. See Ferris, GH Pacvest
From: Mariana Mena, MacKay & Somps
Subject: Fallon 580 Property – East Dublin GH Pacvest
Hydrology and Hydraulics Calculations for the Ditch Re-Grading
Purpose:
This memorandum is prepared to analyze and demonstrate that the proposed re-graded trapezoidal
ditch at Old Fallon Road and Croak Road has adequate flow capacity to contain and convey the 10-
year design storm. As part of the effort to restore the ditch drainage capacity, the existing 24” CMP
culvert which is damaged and mostly buried will be replaced with a new 24” SD culvert will be
installed under existing Croak Road to convey the re-graded ditch flows to the existing incised ditch
on the south side of Croak Road within the Alameda property which is believed to the be the
historical direction of ditch flow.
Background:
The existing roadside ditch is located along the east side of Old Fallon Road and flows from north
to south along the western edge of the GH Pacvest property south of Central Parkway. The
watershed limits tributary to the existing ditch are comprised of predominantly the open space
drainage / pedestrian corridor that runs northeast to southwest through the middle of the existing
Jordan Ranch and Positano residential communities. All the runoff from the surrounding Jordan
Ranch and Positano developments on both side of the drainage corridor drain to hard-lined pipe
systems; that ultimately drain west to the 84” SD trunk main that flows south within the Fallon
Road right-of-way. The 84” SD trunk main was built with the Positano Development and sized to
convey all the storm runoff flows from the fully developed communities of both Jordan Ranch and
Positano. The watershed limits tributary to the 84” SD pipe are outlined per the Dublin Ranch
Drainage Master Plan, exhibit titled “Master Drainage Plan Areas and Land Use” dated March
2006, refer to Appendix A. The watershed limits tributary to the existing ditch are illustrated in
Appendix B “Existing Ditch Watershed Map”.
Methodology:
The hydrology calculations presented in this memorandum apply the “Rational Method”, which
follow the procedures outlined in the Alameda County Hydrology and Hydraulics manual. A
Rational Method analysis was performed for the watershed tributary to the existing ditch to
determine the runoff volume generated by the watershed in a 10-year design storm. A hydraulic
analysis of the proposed re-graded ditch and replacement 24” culvert for the 10-year design storm
flows were analyzed using the TLW software. The “TLW Hydrology and Hydraulics” software
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developed by MacKay & Somps Civil Engineers, Inc. applies rational method peak flowrate
calculations with closed-conduit pipe and open channel routing computations. TLW is categorized
as a one-dimensional steady-state model which computes friction and minor losses for partially or
fully flowing pipes/channels.
The Alameda County Flood Control District manual uses a modified form of the rational method
for estimating peak flow applicable for small watersheds, natural or urbanized, with drainage areas
less than 300 acres. The rational method correlates peak discharge to rainfall intensity through the
following formula:
Rational Method:
Q=CIA
Where: Q = peak discharge (cfs)
C = runoff coefficient (unitless)
I = design rainfall intensity (in/hr)
A = tributary drainage area (ac)
·Determine Maximum 10-year flowrate discharging into the proposed re-graded ditch + culvert
Q = CIA
C = 0.30 Per “Table 2- Basic Runoff coefficients for particular land use and soil
type” of Alameda County Flood Control District Hydrology and
Hydraulics Manual a C value of 0.25 is recommended but for conservative
measures the C value of 0.30 is chosen.
A= 86.9 AC The project watershed has an overall area of 86.9 acre, refer to Appendix B.
I = 1.30 in/hr Rainfall Intensity (I10) is based on the Mean Annual Precipitation, MAP
and time of concentration, Tc. The Tc for the watershed is estimated using
approximate the longest flow path length. For this project we are assuming
a minimum inlet time of 20 minutes. By using the project location on
attachment 6, “Mean Annual Precipitation” the MAP is 16. Per attachment
7, “Rainfall Intensity -10 year storm” of Alameda County Flood Control
District Hydrology and Hydraulics Manual using an MAP =16 and Tc=20
min the I = 1.30 in/hr
Q = 0.30*(1.30 in/hr)*(86.9 AC)
Q10 = 33.9 cfs
·TLW calculations for the trapezoidal channel are calculated based on the following criteria:
Q10 = 33.9 cfs
Channel base = 2ft
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MEMORANDUM 19887.1DG.D
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N value = 0.03 Per “Table 9 – Manning’s Roughness Coefficient” of Alameda County
Flood Control District Hydrology and Hydraulics Manual, smooth
geometric earth channel.
Slope = 0.007 min
Side Slope = 3:1
The trapezoidal ditch has been designed to allow a maximum 18” depth of ponding.
The TLW results above illustrate that at minimal slope conditions of 0.007 the ditch flow will never
exceed 1.5 feet in depth since the normal depth given is 1.457 feet.
·TLW calculations for the 24” SD culvert are calculated based on the following criteria:
Q10 = 33.9 cfs
Pipe Diameter = 24 in
N value = 0.014 Per “Table 9 – Manning’s Roughness Coefficient” of Alameda County
Flood Control District Hydrology and Hydraulics Manual, reinforced
concrete pipe for conduits less than 36” diameter
Slope = 0.025
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The TLW results yield a normal depth of 1.68 feet for a design flow of 33.9 cfs, resulting in the
pipe flowing 90% full under a supercritical flow regime.
Summary:
Based on the above methodology and analysis results it has been confirmed that the proposed
trapezoidal re-graded ditch and replacement culvert will have adequate capacity to contain and
convey the calculated 10-year design storm runoff flow. Therefore, it has been demonstrated that
the proposed ditch re-grading and 24” culvert replacement will correct the current drainage issues
and re-establish the historic drainage patterns towards the south and will adequately convey the
anticipated design storm flows.
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MEMORANDUM 19887.1DG.D
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Appendix A
Master Drainag Plan Areas and Land Use map
(from the Dublin Ranch Drainage Master Plan – March 2006)
293
294
MEMORANDUM 19887.1DG.D
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Appendix B
Existing Ditch Watershed Map
295
GH PACVESTEXISTING DITCH WATERSHED MAPLEGENDEXISTING BOUNDARY LINEWATERSHED AREA = 86.9 ACRESDUBLINBOULEVARDFALLON ROAD
OLD FALLON ROAD
CROAKROADCENTRAL PARKWAYPO
S
I
T
A
N
O
P
A
R
K
W
A
Y
JORDAN RANCHPARKCROAK RO
A
D
TRAVERTINO STREETRATIONAL METHOD RUNOFF CALCULATION10 YEAR STORMQ=CIAC=0.3I=1.30(IN/HR)¹A=86.9 ACRESQ=CIAQ=0.3*1.30*86.9Q=33.9 CFS¹ = RAINFALL INTENSITY VALUE OBTAINED PER THEALAMEDA COUNTY HYDROLOGY & HYDRAULICS MANUAL2016, ATTACHMENT 7, "RAINFALL INTENSITY - 10YEAR STORM" USING THE FOLLOWING:·TIME OF CONCENTRATION, TC=20 MIN·MEAN ANNUAL PRECIPITATION, MAP-16.0(PER ATTACHMENT 6, "MEAN ANNUALPRECIPITATION TABLE OF THE ALAMEDACOUNTY HYDROLOGY & HYDRAULICS MANUAL2016)296
BN 71558700v2
Exhibit B – Long Term Resource Management
Plan for the Eagle Ridge Preserve Croak Road
Management Area, June, 2022
297
LONG TERM RESOURCE MANAGEMENT PLAN
FOR THE
EAGLE RIDGE PRESERVE EAST
CROAK ROAD MANGEMENT AREA
ALAMEDA COUNTY, CALIFORNIA
Prepared for:
CITY OF DUBLIN
100 Civic Plaza
Dublin, California 94568
Prepared by:
OLBERDING ENVIRONMENTAL, INC.
Wetland Regulatory Consultants
3170 Crow Canyon Place, Suite 260
San Ramon, CA 94583
JUNE 2022
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Croak Road Management Area Long Term Resource Management Plan
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TABLE OF CONTENTS
1.0 INTRODUCTION ................................................................................................................. 1
2.0 PURPOSE OF THIS LONG-TERM RESOURCE MANAGEMENT PLAN ...................... 2
3.0 ROLES AND RESPONSIBILITIES ..................................................................................... 3
3.1 Conservation Easement Grantee ................................................................................... 3
3.2 Land Manager ............................................................................................................... 3
3.3 Grazing Operator .......................................................................................................... 4
4.0 MANAGEMENT AREA DESCRIPTION ............................................................................ 4
4.1 Location ........................................................................................................................ 4
4.2 Habitat Description ....................................................................................................... 5
4.3 Geographic Features ..................................................................................................... 5
4.4 Topography ................................................................................................................... 5
4.5 Hydrology ..................................................................................................................... 6
4.6 Climate and Rainfall ..................................................................................................... 6
4.7 Soils............................................................................................................................... 6
4.8 Existing Land Uses ....................................................................................................... 8
4.9 Adjacent Land Uses ...................................................................................................... 8
4.10 Existing Easements ....................................................................................................... 9
5.0 HABITATS AND SPEICES DESCRIPTIONS .................................................................... 9
5.1 Annual Grassland .......................................................................................................... 9
5.2 Seasonal Wetland Swale ............................................................................................... 9
5.3 Special-Status Species .................................................................................................. 9
5.3.1 California Red-legged Frog ............................................................................ 10
5.4 Nuisance Plant Species ............................................................................................... 10
6.0 MANAGEMENT AND MONITORING ............................................................................ 11
6.1 Adaptive Management ................................................................................................ 11
6.2 Long-Term Habitat Management Activities ............................................................... 12
6.2.1 Biological Resources ...................................................................................... 12
6.2.2 Vegetation Management ................................................................................. 13
6.2.3 Site Security .................................................................................................... 15
6.2.4 Reporting and Administration......................................................................... 18
6.2.5 Schedule .......................................................................................................... 19
7.0 RIGHT OF ACCESS ........................................................................................................... 21
8.0 TRANSFER, REPLACEMENT, AND AMMENDMENTS............................................... 21
8.1 Transfer ....................................................................................................................... 21
8.2 Replacement ................................................................................................................ 21
8.3 Amendments ............................................................................................................... 21
9.0 FUNDING AND TASK PRIORITIZATION ...................................................................... 22
9.1 Funding ....................................................................................................................... 22
9.2 Task Prioritization ....................................................................................................... 22
10.0 REFERENCES AND LITERATURE CONSULTED ........................................................ 24
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Croak Road Management Area Long Term Resource Management Plan
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LIST OF TABLES
Table 1: Historical Precipitation and Temperature Data for Livermore, California ........................6
Table 2. Long-Term Management and Monitoring Schedule .......................................................19
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LIST OF ATTACHMENTS
ATTACHMENT 1 FIGURES
Figure 1 Regional Map
Figure 2 Vicinity Map
Figure 3 USGS Topographic Map
Figure 4 Aerial Map
Figure 5 Adjacent Preserve Properties Map
Figure 6 USFWS Designated Critical Habitat Map
Figure 7 Soils Map
Figure 8 Existing Habitat Map
Figure 9 CNDDB Wildlife Map
Figure 10 Fencing Map
ATTACHMENT 2 CONSERVATION EASEMENT (Draft)
ATTACHMENT 3 PRELIMINARY TITLE REPORT
_________________
This report should be cited as: Olberding Environmental, Inc. June 2022. Long-term Resource Management Plan for
the Eagle Ridge Preserve East Croak Road Management Area, Alameda County, California. Prepared for the City of
Dublin, Dublin, CA
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DISTRIBUTION
California Department of Fish and Wildlife
Bay Delta Region (3)
2825 Cordelia Road, Suite 100
Fairfield, California 94534
Attn: Regional Manager
U.S. Fish and Wildlife Service
2800 Cottage Way, Suite W-2605
Sacramento, California 95825
Attn: Regional Manager
Agricultural-Natural Resources Trust
5554 Clayton Road., #2
Concord, CA 94521
Attn: Liz DiGiorgio
Rocky Ridge, LLC
193 Blue Ravine Road, Suite 165
Folsom, CA 95630
Attn: Jeff Olberding
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1.0 INTRODUCTION
The Long-Term Resources Management Plan (Plan) was prepared on behalf of the property owner,
Rocky Ridge, LLC, which is a California Limited Liability company. The 4-acre Croak Road
Management Area (Management Area) will be established within the 171.78-acre Eagle Ridge
Preserve East Property (Property) to compensate for unavoidable impacts to seasonal wetlands and
special status species dispersal and foraging habitat, taking place along Croak Road, City of
Dublin, Alameda County. Attachment 1, Figure 1 depicts the regional location of the Management
Area along the Alameda and Contra Costa County line, and Attachment 1, Figure 2 illustrates the
vicinity of the Management Area in relationship to Manning Road and the Alameda County line.
Attachment 1, Figure 3 identifies the location of the Management Area on the USGS 7.5
Quadrangle Map for Tassajara. An aerial photograph of the Management Area has been included
as Attachment 1, Figure 4.
The Management Area is located in an unincorporated area of Alameda County. The Property
consists of APN 903-0002-001-01. The surrounding property (which is also slated for
preservation) is situated on both sides of the Contra Costa and Alameda County line, west of North
Livermore Road and south of Manning Road. It also lies immediately north of and adjacent to the
Eagle Ridge Preserve, east of Eagle Ridge Preserve North and southeast of Cayetano Creek
Mitigation Bank (collectively known as Preserve Properties, Attachment 1, Figure 5). The Preserve
Properties consists of approximately 890 acres of preserved and managed habitat that is under
conservation easements approved by the U.S. Fish and Wildlife Service (USFWS) and California
Department of Fish and Wildlife (CDFW).
Within the Management Area, approximately one acre of created seasonal wetland habitat and
three acres of upland special status species dispersal and foraging habitat will be preserved for the
benefit of species and wetland mitigation requirements associated with the Croak Road Project
(Project). The proposed Project involves the excavation of accumulated sediment (233 cubic yards)
from an existing engineered roadside ditch, reestablishing the historic capacity and function within
the City of Dublin drainage facility. Proposed maintenance (removal of sediment and
reestablishment of the original engineered configuration of the ditch) would restore the
deteriorated facility to its historic function.
The Plan identifies the long-term management strategies for the Management Area. Mitigation
within the Management Area will off-set impacts to California red-legged frog (Rana aurora
draytonii, CRLF) and seasonal wetlands associated with construction of the Project. The
Management Area and surrounding lands contain habitat for the CRLF and existing seasonal
wetland habitat. There are over 50 stock ponds and numerous recorded occurrences of CRLF in
the vicinity of the Management Area, and the Management Area is located within USFWS
designated critical habitat (Unit CCS-2B) for CRLF (Attachment 1, Figure 6). The Management
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Area will be professionally managed to benefit of both CRLF and seasonal wetlands and will be
placed under a conservation easement recorded in Alameda Official Records.
2.0 PURPOSE OF THIS LONG-TERM RESOURCE MANAGEMENT PLAN
The purpose of the Plan is to ensure the Management Area is managed, monitored, and maintained
in perpetuity as an open space preserve benefitting CRLF and seasonal wetland habitat. The Plan
establishes objectives, priorities, and tasks for monitoring, managing, maintaining, and reporting.
Preservation of the Management Area will protect 1.02 acres of created seasonal wetland habitat
and 2.98 acres of annual grassland habitat. CRLF typically use seasonal wetlands similar to those
found within the Management Area as breeding habitat, and the non-native annual grassland
habitat within the Management Area can be utilized as foraging and dispersal habitat for the
species. CRLF have been identified within the creek channels located on the Preserve Properties
immediately west of the Management Area.
The Plan describes vegetation management practices for maintaining seasonal wetland and non-
native annual grassland habitat characteristics favorable for CRLF and seasonal wetlands and other
associated sensitive species. The primary goals of the Plan are to:
1. Maintain the existing habitat conditions within the Management Area to maximize
the suitability of the seasonal wetlands and non-native annual grassland habitat used by
CRLF;
2. Monitor the created and existing seasonal wetland and non-native annual grassland
habitat conditions in order to promote use by CRLF in the Management Area and the health
of the seasonal wetland habitat; and
3. Manage habitat conditions using an adaptive management approach to benefit
biological values existing in the Management Area.
The Management Area has been traditionally used for seasonal cattle grazing which is the preferred
management tool to reduce wildfire fuel loads and improve or maintain non-native annual
grassland habitat for CRLF use and seasonal wetland habitat. Grazing will be conducted in a
manner consistent with preservation of CRLF and seasonal wetland habitat requirements. Grazing
activities will be managed in a manner consistent with the established parameters for minimum
and maximum grass heights and densities, optimal grass biomass and cover, stocking rates and
seasonal timing of grazing in order to achieve the following:
• Reduce the wildfire fuel hazard associated with the mass of dry herbaceous vegetation in
the non-native annual grasslands during the summer and fall seasons;
• Maintain heterogeneity in height structure between patches of the grazed non-native annual
grassland to favor non-native annual grassland habitat diversity; and
• Manage and potentially reduce invasive pest plant populations.
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Additionally, cattle will not be allowed in the newly created wetland areas for at least the first three
years to ensure no damage occurs to newly created habitats. If grazing management is determined
to be necessary within the sensitive established/enhanced habitats during these restricted times,
goats, sheep, and/or mowing will be used. Flash grazing by the goats or sheep may occur within
the wetlands during only dry season months.
3.0 ROLES AND RESPONSIBILITIES
3.1 Conservation Easement Grantee
A Conservation Easement (CE) will be legally established over the entire Management Area which
will ensure that the area will be conserved (legally protected) forever and prevent any use of the
Management Area that would impair or interfere with the conservation functions and values of the
preserved area. The CE is provided in Attachment 2. The CE Grantee will be an accredited non-
profit land trust. Golden State Land Conservancy (GSLC) will fulfill the role of Grantee and is
recognized by CDFW to hold and manage conservation easements and long-term endowment
funds.
The responsibilities of the CE Grantee are described in this Plan, the CE and the Endowment
Agreement, and include preserving and protecting the conservation values of the Management
Area, preventing any activity that is inconsistent with the purposes of the easement, performing
annual compliance monitoring inspections, preparing reports on the results of the compliance
monitoring inspections, and providing these reports to the Land Manager and Regulatory Agencies
on an annual basis. The CE Grantee is also responsible for ensuring that the Land Manager
performs its responsibilities under this Plan.
Any notices or communication to the Conservation Easement Grantee should be directed to the
GSLC.
Golden State Land Conservancy
321 South Main Street, #525
Sebastopol, CA 95472
Attn: Mr. Marc Deprey
3.2 Land Manager
The Land Manager is:
Olberding Environmental, Inc.
193 Blue Ravine Road, Suite 165
Folsom, CA 95630
Attn: Jeff Olberding
(916) 985-1188 / jeff@olberdingenv.com
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The Land Manager, and subsequent land managers upon transfer, is responsible for the following
within the Management Area:
• Implementing the elements of this Plan within the Management Area.
• To manage and monitor the Management Area in perpetuity to preserve the habitat and
conservation values in accordance with the CE and Plan.
• Submitting annual reports to the Regulatory Agencies detailing the time period covered.
The Land Manager is responsible for hiring a Monitoring Biologist. The Monitoring Biologist will
be a professional botanist, biologist, or restoration ecologist familiar with California flora and
fauna, and will have demonstrated knowledge and experience with similar projects. The
Monitoring Biologist must also be familiar with vegetation management practices for maintaining
target habitat characteristics to ensure the conservation functions and values of the Management
Area.
3.3 Grazing Operator
The Grazing Operator will conduct grazing operations with livestock (typically cattle) in a manner
which promotes the long-term sustainability of the ecological functions and values of the
Management Area. The Land Manager will coordinate with the Grazing Operator, including field
and office tasks such as lease management, stocking rates, on/off dates, infrastructure quality,
encroachment, etc. The Land Manager will create and manage a lease with the Grazing Operator
on behalf of the Property Owner for grazing operation on the site. The grazing lease may be a
single year or multiple year lease depending on the level of time and trust between the two entities.
The grazing lease will include a list of the activities that are prohibited as terms and conditions of
the CE. The grazing lease operator will signify in writing an understanding of the activities that
will not be allowed to occur within the Management Area by execution of the lease contract. A
Grazing Management Plan can be viewed as a separate attachment.
4.0 MANAGEMENT AREA DESCRIPTION
4.1 Location
Attachment 1, Figure 1 depicts the regional location of the Management Area in Alameda County,
and Figure 2 illustrates the vicinity of the Management Area in relationship to the City of
Livermore. Attachment 1, Figure 3 identifies the location of the Management Area on the USGS
7.5 Quadrangle Map for Tassajara. An aerial photograph of the Management Area has been
included as Attachment 1, Figure 4.
Access to the Management Area is attained by taking Interstate-580 East from Interstate-680. Take
exit 52B for North Livermore Avenue toward Livermore. Turn left (north) at North Livermore
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Avenue and follow it for 3.6 miles. Turn left (west) at Manning Road and follow it for 1.2 miles
before turning left (south) onto the Management Area.
4.2 Habitat Description
The Management Area is located within the northwestern section of Eagle Ridge Preserve East, a
upland conservation property, all of which will be managed with the adjacent Preserve Properties
as a single contiguous preservation area totaling 1,030 acres (Attachment 1, Figure 5). The
Management Area consists of a linear seasonal wetland swale, two created seasonal wetlands, and
non-native annual grassland. The surrounding hills serve as a watershed for a well-defined
intermittent creek, a tributary of Cayetano Creek. The Management Area is located within USFWS
designated critical habitat unit CCS-2B for CRLF (Attachment 1, Figure 6). The Management
Area contains extensive ground squirrel colonies that can provide refuge habitat for numerous
special-status species including CRLF.
The majority of the Management Area consists of undeveloped grazing lands that have little- to
moderate-sloping topography, a linear, seasonal wetland swale, and two created seasonal wetlands.
The Management Area consists predominantly of non-native annual grassland, which is currently
being used for cattle pasture as the main tool for vegetation management.
4.3 Geographic Features
The Management Area lies within the Livermore Valley. The streams that historically flowed into
the Livermore Valley basin from all directions filled parts of the valley with more than a mile of
poorly consolidated Pliocene to Holocene age sands and gravels (Kasameyer et al. 1984). The
nearest fault is the Calaveras Fault, approximately 6 miles east of the Management Area. The
Greenville Fault is approximately 8 miles west of the Management Area, and the Hayward Fault
is about 16 miles to the west. The last major earthquake on the Hayward Fault occurred in 1868.
The latest seismic probability study for the San Francisco Bay Area assesses the probability of a
M6.7 or larger earthquake on the Hayward-Rodgers Creek system as 27 percent between 2003 and
2032.
4.4 Topography
The Management Area consists of undeveloped grazing lands. The western portion of the
Management Area is relatively level at an elevation of approximately 776 feet above sea level with
a gradual slope to the southwest. The topography slopes up to the east of the Management Area,
with an elevation of approximately 805 feet along the eastern boundary. There is an existing,
shallow seasonal wetland swale that flows southwest, across the western portion of the
Management Area. The swale is an unnamed tributary to Cayetano Creek, which is part of the
greater Arroyo Los Positas watershed which empties into Arroyo Mocho in the City of Dublin.
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4.5 Hydrology
The principal hydrological sources for the Management Area are direct precipitation, sheet flow,
groundwater seepage from uplands, and runoff/overflow. According to California Irrigation
Management Information Systems, Pleasanton Station #191 records, the average annual
precipitation totals approximately 16.83 inches.
The Management Area is located within the San Francisco Bay 8-digit hydrologic unit code (HUC
18050004). The Management Area falls within the Cayetano Creek watershed with both the east
and west branches of Cayetano Creek crossing the preserved properties on the east and west sides
respectively. Approximately 63.5% of the surrounding area drains to the west branch of Cayetano
Creek whereas the remaining 36.5% drains to the east branch of Cayetano Creek.
4.6 Climate and Rainfall
The San Francisco Bay Area is characterized by dry, mild summers and moist, cool winters. About
80 percent of the total annual precipitation occurs from November through March. In the winter,
moisture-laden air moving in from the ocean rises as it reaches the coast and passes inland over
the Coast Ranges.
Precipitation data will be monitored and recorded by California Irrigation Management
Information System (CIMIS) and data will be gathered monthly from the Pleasanton, California
Station (#191) (http://www.cimis.water.ca.gov/). The table below provides average temperature
and precipitation data for a 29-year period between 1961 and 1990.
Table 1: Historical Precipitation and Temperature Data for Livermore, California
Historical Data for Livermore, California
Month Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Historical Monthly Precipitation: 14.21in
inches 0.24 0.86 2.16 2.14 2.71 2.28 2.24 1.12 0.26 0.08 0.04 0.08
Average Temperature
°F 69.0 62.7 53.0 46.3 46.1 50.4 52.7 56.6 61.9 67.7 71.6 71.4
4.7 Soils
The USDA Natural Resources Conservation Service (formerly the Soil Conservation Service)
mapped soil types within the Management Area can be found in Attachment 1, Figure 7 (NRCS
2022).
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• Pd: Pescadero clay loam, 0 to 6 percent slopes, MLRA 14 – The Pescadero series
consists of very deep, poorly drained soils that formed in alluvium from sedimentary rock.
The composition of this soil type consists of 85 percent Pescadero and similar soils and 10
percent of minor components including Clear Lake.
Pescadero soils are found in small inland valleys and on rims of basins with slopes from 0 to
2 percent. This series can become ponded in concave slopes, and runoff and permeability are
very slow. Pescadero soils are in level basins at elevations of 5 to 100 feet. This soil is used
mainly as dryland pasture and for open-type sanitary landfill. Its stratified layers consist of
the following (colors are for dry soil unless otherwise stated):
A2 – 0 to 2 inches; gray clay loam, dark gray when moist; weak, thin, platy structure;
hard, friable, sticky and plastic; common very fine roots; few fine tubular pores; slightly
acid; clear wavy boundary.
B21t – 2 to 12 inches; dark gray clay, very dark gray when moist; few fine, prominent,
olive mottles; moderate, medium, prismatic structure; very hard, firm, slightly sticky and
plastic; common very fine roots; many very fine tubular pores; few thin clay films on
faces of peds; moderately alkaline; gradual wavy boundary.
B22t – 12 to 20 inches; dark gray clay, black when moist; common, fine, prominent,
very dark gray mottles; moderate, medium, prismatic structure; very hard, firm, slightly
sticky and plastic; few very fine roots; many very fine tubular pores; common
moderately thick clay films on faces of peds; slightly effervescent; moderately alkaline;
gradual wavy boundary.
B23tca – 20 to 30 inches; light gray clay, gray when moist; moderate, medium, prismatic
structure; hard, firm, sticky and plastic; few very fine and fine roots; many very fine
tubular pores; common moderately thick clay films on faces of peds; strongly
effervescent; moderately alkaline; gradual wavy boundary.
C1ca – 30 to 40 inches; gray clay loam, gray when moist; massive; very hard, firm,
slightly sticky and plastic; no roots; many very fine tubular pores; violently effervescent,
soft masses of lime; moderately alkaline; gradual wavy boundary.
C2ca – 40 to 58 inches; light olive-gray clay loam, olive-gray when moist; massive; very
hard, firm, slightly sticky and plastic; common very fine tubular pores; violently
effervescent, soft masses of lime; moderately alkaline; gradual wavy boundary.
C3ca – 58 to 72 inches; light gray clay loam, olive-gray when moist; massive; hard,
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firm, slightly sticky and plastic; few very fine tubular pores; violently effervescent,
many soft masses of lime; moderately alkaline.
• LaD: Linne clay loam, 15 to 30 percent slopes, MLRA 15 – The Linne series consists
of well-drained soils underlain by calcareous, interbedded shale and soft sandstone. The
composition of this soil type consists of 85 percent Linne and similar soils with minor
components including Altamont, Diablo, Clear Lake, and Pescadero soils.
Linne soils are found among lower foothills in the eastern parts of the counties with slopes
between 5 to 30 percent. Permeability is moderately slow while runoff is slow to medium
with a slight to moderate hazard of erosion where the soil is tilled and exposed. This soil is
typically used for dryland grain, chiefly barley and for range grazing. Its stratified layers
consist of the following (colors are for dry soil unless otherwise stated):
A11 – 0 to 12 inches; gray clay loam, very dark gray when moist; moderate, fine and
medium, granular structure; slightly hard, very friable, sticky and plastic; many very fine
roots; many very fine and fine interstitial pores; moderately alkaline; strongly
calcareous; few filaments and soft bodies of lime; diffuse, wavy boundary.
A12ca – 12 to 29 inches; gray clay loam, very dark grayish-brown when moist;
moderate, fine and medium granular structure; slightly hard, very friable, sticky and
plastic; many very fine roots; many very fine and fine interstitial pores; moderately
alkaline; strongly calcareous, many irregularly shaped lime concretions; abrupt, wavy
boundary.
Crca – 29 to 32 inches; white shale; calcareous; many filaments and coatings of lime.
4.8 Existing Land Uses
The Management Area is currently used as cattle grazing rangeland.
4.9 Adjacent Land Uses
Much of the surrounding land use is grazing and open land and livestock production. Land uses
are predominantly agricultural with either grazing or field crop production. Adjacent parcels are
currently undeveloped annual grassland/rangeland. All lands to the south and west are currently
used as conservation areas with restricted land use for the preservation of ecological functions and
values.
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4.10 Existing Easements
The Management Area does not include any previously recorded conservation easements or other
areas being developed for permittee-responsible mitigation. An existing easement (DifWind
Management Area) occurs southeast of the Management Area. The title report for the Management
Area and surrounding lands is provided in Attachment 3.
5.0 HABITATS AND SPEICES DESCRIPTIONS
The Management Area supports two habitat types consisting of annual grassland and seasonal
wetland swale. In classifying the habitat types within the Management Area, generalized plant
community classification schemes were used (Sawyer, Keeler-Wolf, and Evens 2009). The final
classification and characterization of the habitat types of the Management Area was based on field
observations. A figure noting the overall location of each habitat type is included in Attachment
1, Figure 8.
5.1 Annual Grassland
The site includes annual grassland and represents the dominant plant community within the
Management Area. The Management Area has been primarily used for grazing in the past. As a
result, non-native annual grasses of European origin make up the dominant species. These species
include wild oat (Avena fatua), ripgut brome (Bromus diandrus), hare barley (Hordeum murinum
spp. leporinum), and Italian ryegrass (Festuca perennis), among others. Common non-native forbs
observed during field surveys include black mustard (Brassica nigra), yellow starthistle
(Centaurea solstitialis), Italian thistle (Carduus pycnocephalus), milk thistle (Silybum marianum),
filaree (Erodium spp.), and bur clover (Medicago polymorpha), among others.
5.2 Seasonal Wetland Swale
This swale feature flows southwest across the Management Area before entering one of two
culverts and into a tributary of Cayetano Creek. This feature is largely vegetated with seaside
barley (Hordeum marinum) and some additional annual grassland species. This feature is very
shallow with berms of only 2 – 4 inches but has a distinct change in vegetation along its boundary.
5.3 Special-Status Species
Special-status wildlife species include species listed as Rare, Threatened, or Endangered by the
USFWS (2010b & 2010c), species covered by the Migratory Bird Treaty Act, or species given
special protection by the State of California (CDFW 2010b). A review of the California Natural
Diversity Database (CNDDB) identified several special-status species that have the potential to
occur in the non-native annual grassland, and seasonal wetland swale located in the Management
Area (Attachment 1, Figure 9).
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A number of special-status species occur within or adjacent to the Management Area, including
prairie falcon (Falco mexicanus), California tiger salamander (Ambystoma californiense),
California red-legged frog (Rana aurora draytonii), burrowing owl (Athene cunicularia),
American badger (Taxidea taxus), white-tailed kite (Elanus leucurus), golden eagle (Aquila
chrysaetos), San Joaquin kit fox (Vulpes macrotis mutica), Congdon’s tarplant (Centromadia
parryi congdonii), and San Joaquin spearscale (Extriplex joaquiniana).
5.3.1 California Red-legged Frog
The following sections provide a summary of the known records for CRLF within the vicinity of
the Management Area.
The CRLF is federally listed as threatened and is a California species of special concern. The
USFWS has identified critical habitat units for CRLF. The entire Management Area fall within
CRLF Critical Habitat Unit CCS-2B.
CRLF have been documented utilizing the pools in the existing riparian habitat of Cayetano Creek
just west of the Management Area since 2008. These occurrences are confirmed by CNDDB
records, and are located all around the Management Area, recorded by multiple individuals during
various times of the year.
One adult CRLF and at least 50 tadpoles were observed just west of the Management Area in a
pool of water located within the west branch of Cayetano Creek during the September 2012 survey.
Since this initial survey numerous observations of both CRLF adults and tadpoles have been
documented in Cayetano Creek. During an August 2017 survey, four adult CRLF and 20+ tadpoles
were observed within a pool of water within Cayetano Creek. In previous years, adults and
individuals in various life stages have been observed throughout the Cayetano Creek corridor.
During various 2018 and 2019 surveys, adults, juveniles, and tadpoles were observed within this
pool.
5.4 Nuisance Plant Species
One Cal-IPC rated “High” species, yellow-star thistle, is currently found in isolated clumps on the
Management Area. A total of 13 Cal-IPC rated “Moderate” species occupy the vicinity of the
Management Area, including artichoke thistle (Cynara cardunculus), stinkwort (Dittrichia
gravolens), black mustard (Brassica nigra), Italian ryegrass, Mediterranean grass, wild oats, ripgut
brome, soft chess, Italian thistle (Carduus pycnocephalus), bull thistle (Cirsium vulgare), hyssop
loosestrife (Lythrum hyssopifolia), rose clover (Trifolium hirtum), and rat-tail fescue.
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6.0 MANAGEMENT AND MONITORING
This section presents the methods, tasks, frequency, and responsibilities for monitoring long-term
biological resources onsite, together with the monitoring objective and criteria that define
successful habitat preservation.
The approach to long-term management of the Management Area is to conduct annual site
inspections and monitor selected characteristics to determine stability and ongoing trends of the
preserved upland habitat. Annual monitoring will assess the Management Area’s condition, degree
of erosion, extent of weedy species, water quality, fire hazard, and/or other aspects that may
warrant management actions. While it is not anticipated that major management modifications to
the Management Area will be needed, an objective of this Management Plan is to guide monitoring
to identify any issues that arise, and using adaptive management, to determine what actions might
be appropriate.
6.1 Adaptive Management
Adaptive management is an approach to natural resource management which incorporates changes
to management practices, including corrective actions, in the context of available hard data and
also from qualitative observation and/or off-site resources (i.e., experts’ advice, published
documents, etc.). Adaptive management includes those activities necessary to address the effects
of climate change, fire, flood, invasive pests, encroachment, grazing effects, or other natural
events, force majeure, etc.
Adaptive management and land management strategy in general is facilitated by the Land Manager
since they will have access to all available data from on-site annual surveys and the historical
context to recommend management strategies. While it is not anticipated that major management
modifications will be needed, an objective of this Plan is to conduct monitoring to identify any
issues that arise and use adaptive management to determine what actions might be appropriate.
Under the adaptive management umbrella, the Land Manager has the responsibility to implement
the various management activities below; however, if the conservation values of the Management
Area can be improved, then the Land Manager has the discretion to allocate resources as necessary
as long as they fall within the general intention of the management strategy provided within this
document. Any changes to the management strategy provided within this document will need to
be approved by the Third-Party Beneficiaries of the Conservation Easement (i.e., regulatory
agencies), in consultation with the Land Manager and the CE Grantee.
Any long-term management activities that include ground surface disturbance will necessarily
require consultation between the Land Manager, CE Grantee, and Third-Party Beneficiaries since
it would be a prohibited activity as defined by the CE. Any ground disturbing activities will need
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to be approved by the Regulatory Agencies and may require other local permitting or approval
depending on the activity.
An all-terrain vehicle (ATV) may be used to facilitate monitoring and management of the
Management Area. ATV use will be limited to existing access roads, however cross-country travel
is allowed if it results in increased efficiency and efficacy of monitoring and/or management and
can be done without unnecessarily damaging protected habitat or species. Unauthorized vehicle
encroachment onto the site is prohibited by the CE.
6.2 Long-Term Habitat Management Activities
The management strategy recommended within this document is outlined below and is in
alignment with the endowment cost analysis spreadsheet or Property Analysis Record (PAR) will
be provided separately and provides a framework for adaptive management as
implemented/facilitated by the Land Manager. Table 2 below provides a general schedule of long-
term monitoring and management activities described within this Plan.
6.2.1 Biological Resources
Element A.1 Biological Monitoring
Objective: Monitor, conserve, and maintain the Management Area’s habitats for CRLF
and seasonal wetlands. Collect biological monitoring data to identify and evaluate
conditions onsite, create an ongoing record using consistent data points to monitor trends,
and provide early identification of any problems at the site.
Objective: Ensure that habitat conditions remain suitable for the continued existence onsite
for CRLF and seasonal wetlands.
Objective: Review management procedures and sampling protocols to assess whether
adjustments need to be made to achieve the goal of maintaining suitable habitat for CRLF
and seasonal wetlands.
Task A.1-1 – Vegetation Monitoring
Task A.1-1-1: Conduct vegetation monitoring. In Years 1, 5, 10, 15, 20, and every
5 years thereafter in perpetuity, conduct field monitoring to determine plant
community types present and species composition, typically between March and
May depending on flowering season.
Task A.1-1-2: Digitally link data to GIS database. Download GPS data and link to
GIS database.
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Task A.1-1-3: Analyze data. Analyze monitoring data and compare with baseline
and previous years' data.
Task A.1-2 – California Red Legged Frog Presence / Absence Monitoring. There are
no ponds on the Management Area; therefore, only surveys for the presence of suitable
habitat will take place.
6.2.2 Vegetation Management
Element B.1 Vegetation Management
The goal of the vegetation management activities is to maintain the existing competitive
advantage of grassland species over exotic invasive annual plant species. This section
describes tasks involving invasive species research and annual site inspections, as well as
methods to be used for vegetation management. Managed grazing is the preferred
vegetation management method.
The following non-native species are found within the Management Area: yellow star
thistle (Centaurea solstitialis), artichoke thistle (Cynara cardunculus), black mustard
(Brassica spp.), filarees (Erodium spp.), and bur-clover (Medicago polymorpha). A few of
these species are particularly problematic. Yellow star thistle is of special concern because
it degrades forage species, depletes soil moisture and adversely affects the habitat quality
of the grasslands.
Objective: Monitor, document and minimize the presence/absence of exotic / invasive
species in the Management Area.
Objective: Maintain the existing competitive advantage of beneficial grassland species
over exotic invasive annual plant species, including but not limited to noxious weeds,
through the use of allowable management methods: managed grazing, mowing, and/or
controlled herbicide application. Prescribed burns will not be allowed without the
concurrence and written permission of the USFWS, CDFW and county fire marshal.
Task B.1-1: Vegetation Management
Task: B.1-1: Conduct site inspection annually to determine presence of and
document invasive vegetation during late February to mid-March. Review guidance
materials on what species may threaten site and how to manage for them. Conduct
site inspection to determine presence and document location of invasive vegetation
by filling out monitoring form, taking photos, GPS documentation and mapping.
Determine if invasive plant control actions are required.
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Task B.1-2-1 through B.1-2-3: Use weed control chemicals or mow using hand
equipment to control invasive plants (grazing is preferred method).
Task B.1-3-1: Manage vegetation annually through livestock grazing lease. Cattle
grazing will occur annually with at least two cattle movements (i.e., fall and spring)
and other livestock (sheep or goat) grazing will occur as needed. This tool will
remove excess plant material, thatch, and non-native invasive plants from the
uplands of the Bank.
Task B.1-3-2: Residual dry matter (RDM) sampling will be used within the overall
Bank to assess thatch levels. Permanent upland RDM sampling locations will be
established across the grassland habitat. An equal number of RDM samples will be
taken across varying slope grades. RDM sampling will occur during the fall, prior
to the onset of the first rains of the year.
Task B.1-3-3: Implement annual grazing on the Preserve to maximize habitat
values for Covered Species.
o All grazing activities will be performed with the acknowledgement that the
primary land use is habitat for CRLF and seasonal wetlands.
o The amount of rainfall received in a given year may dictate an increase or
decrease in the length of grazing based on when wetlands begin drying up at
the end of the spring rainy season.
o Watering and loading/unloading of livestock will be conducted in specified
areas away from seasonal wetlands to minimize impacts caused by these
activities.
o No supplemental feeding will be allowed due to the potential for introduction
of additional exotic plant species to the Management Area.
o Cattle exclusion areas will be fenced to protect establishment of the seasonal
wetlands.
o Flash grazing of the cattle exclusion areas may be allowed to reduce
vegetation heights. Any flash grazing must be approved by the Monitoring
Biologist prior to grazing.
The type of livestock grazed and the duration of seasonal grazing may be increased or
decreased as an adaptive management approach to meet the overall goal to ensure the long-
term preservation of the existing and created wetlands and upland habitat values for CRLF.
Cattle will not be allowed in the newly created wetland areas for at least the first three years
to ensure no damage occurs to newly created habitats. If grazing management is determined
to be necessary within the sensitive established/enhanced habitats during these restricted
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times, goats, sheep, and/or mowing will be used. Flash grazing by the goats or sheep will
occur within the wetlands during only dry season months.
To evaluate progress in maximizing wetland habitat development and attaining the
vegetation management objective of maintaining the existing competitive advantage of
wetland species over exotic annual plant species, the Land Manager, with the assistance,
as necessary, of a specialist(s) in grazing management, will include in the annual inspection
and maintenance monitoring report any recommendations for modifications to the grazing
plan.
Element B.2 Sedimentation, Erosion & Offsite Stormwater Control
Objective: Prevent impacts to wetlands from sedimentation and erosion.
Objective: Prevent excess stormwater discharges from offsite that would alter the site’s
hydrology regime.
Task B.2-1 – Sedimentation, Erosion & Excess Offsite Stormwater Discharge
Control
Task B.2-1: Inspect the site annually for signs of sedimentation, erosion, or excess
stormwater control problems. Following a rainfall period > 1 inch, document any
sedimentation, erosion, or excess stormwater discharge control problems on the
maintenance monitoring form.
Task B.2-2: Correct sedimentation, erosion, or excess offsite stormwater discharge
control problems (includes removal of accumulated sediment from stock ponds).
Management Area is stable; therefore, no erosion or offsite stormwater problems
are anticipated.
Task B.2-3: Correct sedimentation, erosion, or excess offsite stormwater discharge
control problems. Use materials (e.g., hay bales, straw rolls, sterile straw, shovels)
to control erosion and sedimentation. Management Area is stable; therefore, no
erosion or offsite stormwater problems are anticipated.
6.2.3 Site Security
The Management Area will be fenced and shall have no general public access, nor any regular
public or private use. Adjacent properties are under the control of the Land Owner / Land Manager.
All maintenance visits by the Land Manager will include inspection for any evidence of vandalism.
Because the area is relatively inaccessible, vandalism is not anticipated. However, the site will be
monitored for signs of excessive or uncontrolled human disturbance such as off-road vehicle use,
presence of brush and litter, human foot traffic, and runoff water entering the property. Disturbance
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will be recorded along with remedial action being taken (e.g., repair fence, gate(s), fill tire ruts to
original grade, or replace signage). Research and/or other educational programs or efforts
consistent with the goals of this Plan may be allowed on the Management Area as deemed
appropriate by the Land Manager, however, these programs are not specifically funded or a part
of this Plan.
The Land Manager will coordinate with the Alameda County Mosquito Abatement District to
minimize mosquito reproduction within the Management Area. Many of the standard
recommendations to minimize mosquito reproduction are not applicable; however, several of the
recommended management actions, such as preventing trash on-site, are already included in this
Plan.
Element C.1 Site Security
The goal of providing site security is to preclude general public access to the site to prevent
damage to the habitat. The Management Area should remain free of trash and other debris.
Trash is most likely to be deposited outside the Management Area’s fences and gates along
the road.
Objective: Monitor for and document the presence of unauthorized access.
Objective: Collect and remove trash, repair fencing, as needed, and rectify trespass
impacts.
Task C.1-1: Site Security
Task C.1-1: Inspect site for unauthorized access and vandalism. Inspect site and
document signs of encroachment on maintenance form, GPS locations, and create
map showing locations.
Task C.1-2: Remove trash and debris. Fill tire ruts and fill and level soil surface
where necessary. Confer with County and/or USFWS if necessary.
Task C.1-3: Dispose of trash and debris at local approved landfill.
Element C.2 Mosquito Abatement
The goal of mosquito abatement is to eliminate or minimize mosquito populations within
wetland habitats.
Objective: Work with the County Mosquito Abatement District to eliminate or minimize
mosquito populations in wetland habitats.
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Task C.2-1: Inspect site in coordination with County Mosquito Abatement District
staff. There are no ponds on the Management Area; therefore, no monitoring or
abatement is required.
Element C.3 Fencing, Gates, Locks, and Signs
The goal of this element is to maintain fencing to preserve site integrity, preclude general
public access, prevent damage to habitat and associated biota, and to facilitate the ongoing
management of the Management Area. Existing fencing within the Management Area can
be found within Attachment 1, Figure 10. Additional fencing may be proposed.
Inspect fencing to prevent unauthorized access and ensure it is maintained in good
condition. Check to see that there is proper tension in the wire or fencing parts, the wire or
metal grill work is not broken, and appropriate post alignment and stability are maintained.
If localized rotational or controlled grazing is necessary to protect sensitive habitats, cross
fencing following the same construction specifications may be added. Replace existing
fencing site wide when it is no longer functional; assume that all wire fencing and posts
will need to be replaced every 30 years.
Signs identifying the Management Area as an open space preserve are located at vehicle
access points and at appropriate intervals along the preserve boundary/property line.
Replace signs if they are found to be damaged, illegible, or if the contact information needs
to be updated. Replace locks on an as-needed basis to maintain site integrity.
Objective: Maintain fences, gates, and signs to prevent casual trespass, allow necessary
access, and facilitate management.
Task C.3-1: Maintain Fencing, Gates, Locks and Signs
Task C.3-1: Inspect fencing, gates, locks, and signs for damage or need for
maintenance and document observations on inspection sheet. GPS locations and
create map showing locations of facilities needing repair or replacement.
Task C.3-2: Grazing lease holder to maintain fence and gates (proper tension,
attachments to posts, broken wire, etc.) and prepare brief annual summary letter
report.
Task C.3-3-1: Replace worn fence with 30-year gauge metal fencing. Assumes 5-
strand barbed wire on metal posts with 10-foot centers with end post braces for
tension support.
Task C.3-3-2: Replace fences, gates, locks, signs on a 30-year re-occurring basis.
Fences will generally be 5-strand barbwire fencing with metal posts 10-foot on
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center and line-posts generally every 100 feet. Bracing will be welded steel posts
of adequate span to withstand wire tension (i.e. “H” braces of at least 8 feet in
length). Ideally, wildlife friendly fencing will be used, where the bottom and top
strand are smooth and the bottom strand is set no less than 16 inches off the ground.
Gates will be at least 12-feet wide welded steel panel gates.
Task C.3-4: Replace broken or malfunctioning locks with heavy duty brass locks.
Task C.3-5: Replace conservation easement signage.
6.2.4 Reporting and Administration
Element D.1 Annual Accounting and Management Report
Objective: Provide annual report on all management tasks conducted and general site
conditions to third-party beneficiaries (USFWS, CDFW and RWQCB) of the Conservation
Easement and GSLC.
Task D.1: Prepare Annual Accounting and Management Report:
Task D.1-1: Provide an accounting of all funds expended in the management of the
Property during the previous year. Prepare accounting of Endowment Fund
expenditures for the previous year.
Task D.1-2: Provide a general summary description of the status of the
Management Area. Describe status of the Management Area, both positives and
negatives, with references to accounting, biological, and management report
sections of the accounting and management report.
Task D.1-3: Prepare biological section every 5 years as described in the Long-
Term Resources Management Plan. Prepare biological section of the accounting
and management report based on analysis of data from biological monitoring as
scheduled and described for Element A.1 Assess changes in biological resources
by comparing current data with baseline and previous years data. Include
illustrative figures and maps for comparative purposes. Mark recommendations as
necessary.
Task D.1-4: Review and analyze management and maintenance data for
comparative change in required tasks. Review data, analyze data using GIS
mapping analysis, if necessary, and comparative tables.
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Task D.1-5: Prepare maintenance section in report. Describe previous year’s
maintenance actions, results; describe any maintenance problems and
recommendations for future actions.
Task D.1-6: Describe management actions to be undertaken in the coming year.
Review management procedures, sampling protocols to assess whether adjustments
need to be made to maintain and preserve habitat.
6.2.5 Schedule
A schedule outlining the proposed frequency of routine monitoring and maintenance procedures
for long-term management of the Management Area is shown in Table 2. Monitoring and
maintenance activities will start as soon as the Conservation Easement is recorded. The interim
management period is a minimum of three years from the date the Conservation Easement is
recorded (the land is protected) and full funding of the Endowment (the Endowment is scheduled
to be fully funded within 30 days of recordation of the Conservation Easement). After the
Endowment Fund has been fully funded for three years, routine monitoring and maintenance
activities will be funded by the interest generated by the Endowment Fund.
Table 2. Schedule of Routine Monitoring and Maintenance Activities
Element Frequency
A. Biological Resources
Element A.1 Biological Monitoring
A.1-1: Vegetation Monitoring Years 1, 5, 10, 15, 20 and every 5 years thereafter
in perpetuity.
A.1-2: California Red-Legged Frog Presence /
Absence Habitat Monitoring
Years 1, 5, 10, 15, 20 and every 5 years thereafter
in perpetuity.
B. Vegetation Management
Element B.1 Vegetation Management
B.1-1: Conduct Site Inspections Annually
B.1-2: Control Invasive Plants Annually
B.1-3: Manage Vegetation through Livestock
Grazing Annually
Element B.2 Sedimentation, Erosion & Offsite Stormwater Control
B.2-1: Inspect Site for Sedimentation, Erosion or
Excess Stormwater Discharge Control Problems
Annually after the first heavy, continuous rainfall
period > 1 inch
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Table 2. Schedule of Routine Monitoring and Maintenance Activities
Element Frequency
B.2-2: Correct Sedimentation, Erosion, or Excess
Offsite Discharge Problems As needed; Assumes every 10 years
B.2-3: Use Materials to Control Erosion and
Sedimentation As needed; Assumes every 10 years
C. Site Security
Element C.1 Site Security
C.1-1: Inspect Site for Unauthorized Access and
Vandalism Quarterly
C.1-2: Remove Trash and Debris Annually
C.1-3: Dispose of Trash and Debris Annually
Element C.2 Mosquito Abatement
C.2-1: Mosquito Abatement Once annually during mosquito breeding season
Element C.3 Fencing, Gates, Locks, and Signs
C.3-1: Maintain Fencing, Gates, Locks and Signs Annually
C.3-2: Repair Fence and Gates As Needed Annually
C.3-3-1: Replace All Wire Fencing and Posts with
5-Strand Barbed Wire As needed; assumed every 30 years
C.3-3-2: Replace Gates As needed; assumed every 30 years
C.3-4: Replace Locks As needed; assumed every 5 years
C.3-5: Replace Signage As needed; assumed every 30 years
D. Reporting and Administration
Element D.1 Annual Report
D.1-1: Submit Annual Accounting and
Management Report Submit annually.
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7.0 RIGHT OF ACCESS
The agencies that are members of the Regulatory Agencies (USFWS, CDFW) are defined as the
Third-Party Beneficiaries of the CE. All Third-Party Beneficiaries have the right of access to the
Management Area and the right to enforce all of the obligations of Grantor and Grantee as provided
by the terms and conditions of the CE.
8.0 TRANSFER, REPLACEMENT, AND AMMENDMENTS
8.1 Transfer
Any subsequent transfer of responsibilities under this long-term management plan to a different
Land Manager shall be requested by the Land Manager in writing to the Regulatory Agencies,
shall require written approval by the Regulatory Agencies, and shall be incorporated into this Plan
by amendment. Any subsequent Property Owner assumes land manager responsibilities described
in this Plan and as required in the CE, unless otherwise amended in writing by the Regulatory
Agencies.
8.2 Replacement
If the Land Manager fails to implement the tasks described in this Plan and is notified of such
failure in writing by any of the Regulatory Agencies, the Land Manager shall have 90 days to cure
such failure. If failure is not cured within 90 days, the Land Manager may request a meeting with
the Regulatory Agencies to resolve the failure. Such meeting shall occur within 30 days or a longer
period if approved by the Regulatory Agencies. Based on the outcome of the meeting, or if no
meeting is requested, the Regulatory Agencies may request the replacement of the designated Land
Manager. If the Land Manager fails to designate a replacement, then such public or private land or
resource management organization acceptable to and as directed by the Regulatory Agencies may
enter onto the Management Area in order to fulfill the purposes of this Plan.
8.3 Amendments
The Property Owner, Land Manager, and Regulatory Agencies may meet and confer from time to
time, upon the request of any one of them, to revise this Plan to better meet management objectives
and to ensure the conservation values of the Management Area. Any proposed changes to this Plan
shall be discussed with the Regulatory Agencies and the Land Manager. Any proposed changes
will be designed with input from all parties. Amendments to this Plan shall be approved by the
Regulatory Agencies in writing; Plan amendments shall be required management components and
shall be implemented by the Land Manager.
If the CDFW or USFWS determine, in writing, that continued implementation of this Plan would
jeopardize the continued existence of state or federally listed species, any written amendment to
323
Croak Road Management Area Long Term Resource Management Plan
June 2022 22
this Plan determined by either the CDFW or USFWS as necessary to avoid jeopardy, shall be a
required management component and shall be implemented by the Land Manager.
9.0 FUNDING AND TASK PRIORITIZATION
9.1 Funding
The costs associated with management and monitoring activities of the Management Area have
been identified using a PAR. The PAR provides a description of tasks and identifies the anticipated
costs associated with each task. A copy of the draft PAR has been included as a separate Document.
These costs include estimates of time and funding needed to conduct the basic monitoring site
visits and reporting, weed mowing, trash removal, fence repair, and a prorated calculation of
funding needed to fully replace the fences ever 30 years. A 3.5 percent capitalization rate was used
to derive the total amount required to be invested in order to fund anticipated items.
The first-three years post recordation of the CE will be funded by a non-recurring account equal
to three years of annual management and monitoring as estimated in the PAR. This three-year
account will delay withdrawing funds from the endowment account, allowing time for the interest
earned to sufficiently mature before invoicing against it.
Contingency funding has been provided within the PAR to total 10 percent of the anticipated
annual estimated cost. Since contingency funding will only be needed when there is a management
need that is not met by an individually funded line item of the PAR; the total will be allowed to
compound over time. For example, the funding may be used to repair a massive erosional landslide
after a particularly bad storm event.
The CE Grantee shall hold the endowment principal and interest monies and is appropriated to
fulfill the purposes for which payments into it are made. These interest monies will fund the long-
term management and monitoring activities on the Management Area in a manner consistent with
this long-term management plan.
Land Manager shall consult with the endowment holder on a year-to-year basis to determine the
amount of funding available for management and monitoring activities. Following annual
management activities, the Land Manager may submit and invoice to the endowment holder for
management activities
9.2 Task Prioritization
Due to unforeseen circumstances, task prioritization may be necessary, including tasks resulting
from new requirements, if endowment and/or contingency funding is insufficient to accomplish
all tasks. The Land Manager and the Regulatory Agencies shall discuss task priorities and funding
availability to determine which tasks will be implemented. In general, tasks are prioritized in this
324
Croak Road Management Area Long Term Resource Management Plan
June 2022 23
order: (1) required by a local, state, or federal agency; (2) tasks necessary to maintain or remediate
habitat quality; and (3) tasks that monitor resources, particularly if past monitoring has not shown
downward trends. Equipment and materials necessary to implement priority tasks will also be
considered priorities. Final determination of task priorities in any given year of insufficient funding
will be determined in consultation with the Regulatory Agencies and as authorized by the
Regulatory Agencies in writing.
325
June 2022 1
10.0 REFERENCES AND LITERATURE CONSULTED
California Department of Fish and Wildlife Natural Diversity Data Base (CNDDB). 2022.
CDFW. 2022. Online Manual of California Vegetation. http://vegetation.cnps.org/.
CDFW. 2022. State and federally listed Endangered, Threatened, and Rare Wildlife and Plants of
California. https://wildlife.ca.gov/Conservation/CESA.
Heyer, W.R., M.A. Donnelly, and R.W. McDiarmid. 1994. Measuring and Monitoring
Biological diversity: Standard Methods for Amphibians.
Holland, R.F. 1986. Preliminary descriptions of the terrestrial natural communities of California,
California Department of Fish and Game, Sacramento.
Mitsch, W.J. and Gosslink, J.G. 2000. Wetlands. John Wiley and Sons, New York, New York, 920
p.
Williams, B. K., Szaro, R. C., and Shapiro, C. D., 2007. “Adaptive Management – The U.S.
Department of the Interior Technical Guide”. Adaptive Management Working Group, U.S.
Department of the Interior, Washington, D.C.
326
ATTACHMENTS
327
Attachment 1
Figures
328
^_
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 1: Regional MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 4 82
MilesIScale: 1:250,000 1 in = 4 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure1_RegionalMap.mxd
Print at 8.5" x 11"^_Management Area Location
329
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 2: Vicinity MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure2_Vicinity.mxd
Print at 8.5" x 11"Management Area
330
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 3: USGS Topographic MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 2,500 5,0001,250
FeetIScale: 1:30,000 1 in = 2,500 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure3_USGS.mxd
Print at 8.5" x 11"
Eagle Ridge Preserve East (171.60 AC)
Management Area (4.0 AC)
Tassajara USGS 7.5" Quadrangle
37.754621° -121.794972°
T02S, R02E, S18
331
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 4: Mitigation Area Aerial MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 120 24060
FeetIScale: 1:1,440 1 in = 120 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure4_AerialMap.mxd
Print at 8.5" x 11"
Eagle Ridge Preserve - East (171.60 AC)
Mitigation Area (4.00 AC)
332
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 5: Adjacent Preserve Properties Map Croak Road Restoration Project
City of DublinAlameda County, California
0 1,600 3,200800FeetI1 inch = 1,667 feetScale:1:20,000
Document Path: E:\Google Drive\Olberding\Eagle Ridge East - Manning\Croak Rd Mitigation Area\MXDs\Fig 1_Surrounding Preserves.mxd
Map Intended to be Printed at: 8.5" x 11"
County Line
Eagle Ridge Preserve - West
Eagle Ridge Preserve
Eagle Ridge Preserve East
Collier Canyon Preserve
Eagle Ridge Preserve - North
Cayetano Creek Preserve
Cayetano Creek Mitigation Bank
Croak Road Mitigation Area
Eagle Ridge Preserve
Eagle Ridge Preserve - East
Croak Road
Mitigation Area
Contra Costa
C
o
u
nt
y
Alameda Cou
nt
y
333
^_
UnitCCS-2B
Unit 4
Unitcv_18 UnitVERFS 19C
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 6: Critical Habitat MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 1.5 3
MilesIScale: 1:95,040 1 in = 1.5 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure6_CriticalHabitatMap.mxd
Print at 8.5" x 11"
5 Mile Buffer of Management Area
^_Management Area Location
Vernal Pool Fairy Shrimp Final Critical Habitat
California Tiger Salamander Final Critical Habitat
Alameda Whipsnake Final Critical Habitat
California Red-legged Frog Final Critical Habitat
334
LaD
Pd
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 7: Soils MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/13/2022
0 120 24060
FeetIScale: 1:1,440 1 in = 120 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure7_SoilsMap.mxd
Print at 8.5" x 11"
Management Area
SSURGO Soil Type
LaD - Linne clay loam, 15 to 30 percent slopes, MLRA 15
Pd - Pescadero clay loam, 0 to 6 percent slopes, MLRA 14
335
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 8: Existing Habitat MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/17/2022
0 120 24060
FeetIScale: 1:1,440 1 in = 120 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure8_ExistingHabitatMap.mxd
Print at 8.5" x 11"
Management Area
Existing Habitat
Non-native Annual Grassland
Created Seasonal Wetland
Seasonal Wetland Swale
336
^_
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 9: CNDDB Wildlife MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/14/2022
0 1.5 3
MilesIScale: 1:95,040 1 in = 1.5 miles
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure9_CNDDBWildlifeMap.mxd
Print at 8.5" x 11"
5 Mile Buffer of Management Area
^_Management Area Location
CNDDB Wildlife
Alameda whipsnake
American badger
American peregrine falcon
California horned lark
California red-legged frog
California tiger salamander - central
California DPS
San Joaquin kit fox
burrowing owl
ferruginous hawk
golden eagle
grasshopper sparrow
longhorn fairy shrimp
northern harrier
prairie falcon
tricolored blackbird
vernal pool fairy shrimp
western pond turtle
white-tailed kite
337
}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 10: Existing Fencing MapCroak Road Restoration ProjectCity of DublinAlameda County, California
Revision Date: 06/14/2022
0 120 24060
FeetIScale: 1:1,440 1 in = 120 feet
Document Path: C:\Project Work\Croak Road Restoration Project\GIS\mxd\LTRMP\CroakRoadMitigation_Figure10_FencingMap.mxd
Print at 8.5" x 11"
Eagle Ridge Preserve - East (171.60 AC)
Mitigation Area (4.00 AC)
}} }}Existing Fencing
338
Attachment 2
Conservation Easement (Draft)
339
PLEASE NOTE:
This sample Conservation Easement is provided for reference. The Department of Fish and Wildlife updates this
document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 1 Sept. 2015 CE Template – TPB – Partial Prop.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
)
)
)
)
WITH COPY TO: )
)
State of California )
Department of Fish and Wildlife )
Habitat Conservation Planning Branch )
1416 9th Street, Room 1266 )
Sacramento, CA 95814 )
Space Above Line for Recorder’s Use Only
CONSERVATION EASEMENT DEED
(Including Third-Party Beneficiary)
THIS CONSERVATION EASEMENT DEED (“Conservation Easement”) is made as of
_________________, 20____, by [insert full legal name(s) of Grantor(s)] (“Grantor”), in favor of
[insert full legal name of Grantee] (“Grantee”), with reference to the following facts:
R E C I T A L S
A. Grantor is the sole owner in fee simple of certain real property containing
approximately [insert number] acres of land, located in the [insert name of City if within City
limits: City of ,] County of [ ], State of California, designated Assessor’s
Parcel Number(s) [insert APN(s)] (“Property”). The Property is legally described and depicted in
Exhibit A attached to this Conservation Easement and incorporated in it by this reference.
Grantor intends to grant a conservation easement over a ______-acre portion of the Property
(“Easement Area”). The Easement Area is legally described and depicted in Exhibit B attached
to this Conservation Easement and incorporated in it by this reference.
B. The Easement Area is in an unimproved [OR a predominately unimproved]
natural condition and possesses wildlife and habitat values of great importance to Grantee, the
California Department of Fish and Wildlife (“CDFW”), and the people of the State of California.
The Easement Area provides high quality habitat for [list plant and/or animal species] and
contains [list habitats]. Individually and collectively, these wildlife and habitat values comprise
the “Conservation Values” of the Easement Area.
340
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 2 Sept. 2015 CE Template – TPB – Partial Prop.
C. Grantee is authorized to hold conservation easements pursuant to Civil Code
section 815.3. Specifically, Grantee is a tax-exempt nonprofit organization qualified under
section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified to do
business in California which has as its primary purpose the preservation, protection or
enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space
condition or use.
D. CDFW has jurisdiction, pursuant to Fish and Game Code section 1802, over the
conservation, protection, and management of fish, wildlife, native plants and the habitat
necessary for biologically sustainable populations of those species, and CDFW is authorized to
hold conservation easements for these purposes pursuant to Civil Code section 815.3, Fish and
Game Code section 1348, and other provisions of California law.
E. [Note: Include this Recital only if Conservation Easement is for mitigation
purposes.] This Conservation Easement provides mitigation for certain impacts of [describe
project] located in the [insert name of City if within City limits: City of [________________],]
County of [____________________], State of California, pursuant to [choose and complete
applicable statement: California Endangered Species Act Incidental Take Permit No.
_____________, issued to [insert full name(s) of permittee(s)], dated _____________ OR the
Agreement Regarding Proposed Stream or Lake Alteration (Notification No. ____________)
executed by [insert full name(s) of applicant(s)] and CDFW, dated _____________ OR the
[insert title of document prepared pursuant to CEQA] certified by the ________________ for
[insert name of project as identified in CEQA document] (SCH No.____________), dated
_____________, and the Mitigation Plan created thereunder.]
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and pursuant to California law, including Civil Code section 815, et seq., Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over
the Easement Area.
1. Purposes. The purposes of this Conservation Easement are to ensure the
Easement Area will be retained forever in its natural, restored, or enhanced condition and to
prevent any use of the Easement Area that will impair or interfere with the Conservation Values
of the Easement Area. Grantor intends that this Conservation Easement will confine the use of
the Easement Area to activities that are consistent with such purposes, including, without
limitation, those involving the preservation, restoration, and enhancement of native species and
their habitats.
341
PLEASE NOTE:
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 3 Sept. 2015 CE Template – TPB – Partial Prop.
2. Grantee’s Rights. To accomplish the purposes of this Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee and to CDFW as a third-party
beneficiary of this Conservation Easement:
(a) To preserve and protect the Conservation Values of the Easement Area;
(b) To enter the Property at reasonable times in order to access the
Easement Area to monitor compliance with and otherwise enforce the terms of this
Conservation Easement, and for scientific research and interpretive purposes by Grantee or its
designees and CDFW or its designees, provided that neither Grantee nor CDFW shall
unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Property;
(c) To prevent any activity on or use of the Easement Area that is
inconsistent with the purposes of this Conservation Easement and to require the restoration of
such areas or features of the Easement Area that may be damaged by any act, failure to act, or
any use or activity that is inconsistent with the purposes of this Conservation Easement;
(d) To require that all mineral, air and water rights as Grantee or CDFW
deems necessary to preserve, protect, and sustain the biological resources and Conservation
Values of the Easement Area shall remain a part of and be put to beneficial use upon the
Easement Area, consistent with the purposes of this Conservation Easement; and
(e) All present and future development rights appurtenant to, allocated,
implied, reserved or inherent in the Easement Area; such rights are hereby terminated and
extinguished, and may not be used on or transferred to any portion of the Easement Area, the
Property, nor any other property adjacent or otherwise.
3. Prohibited Uses. Any activity on or use of the Easement Area that is inconsistent
with the purposes of this Conservation Easement is prohibited. Without limiting the generality of
the foregoing, the following uses and activities by Grantor, Grantor’s agents, and third parties
are expressly prohibited:
(a) Unseasonable watering; use of chemical fertilizers, pesticides, biocides,
herbicides, rodenticides, fungicides or other agents; weed abatement activities; incompatible fire
protection activities; and any and all other activities and uses which may adversely affect the
Conservation Values of the Easement Area or otherwise interfere with the purposes of this
Conservation Easement;
(b) Use of off-road vehicles and use of any other motorized vehicles except
on existing roadways;
(c) Agricultural activity of any kind, [add if appropriate: except grazing for
vegetation management if done in accordance with a grazing or management plan for the
Easement Area approved by Grantee and CDFW];
(d) Recreational activities including, but not limited to, horseback riding,
biking, hunting or fishing, [add if appropriate: except such activities as are consistent with the
purposes of this Conservation Easement and carried out in accordance with a management
plan for the Easement Area approved by Grantee and CDFW];
(e) Commercial, industrial, institutional, or residential structures or uses;
342
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 4 Sept. 2015 CE Template – TPB – Partial Prop.
(f) Any legal or de facto division, subdivision or partitioning of the Property,
including a request for a certificate of compliance pursuant to the Subdivision Map Act (Gov.
Code section 66499.35);
(g) Construction, reconstruction, expansion, location, relocation, installation,
or placement of any building, billboard or sign, or any other structure or improvement of any
kind;
(h) Deposit or accumulation of soil, trash, ashes, refuse, waste, bio-solids or
any other materials;
(i) Planting, introduction, or dispersion of non-native or exotic plant or animal
species;
(j) Filling, dumping, excavating, draining, dredging, mining, drilling, removing
or exploring for or extracting minerals, loam, soil, sands, gravel, rocks or other material on or
below the surface of the Easement Area, or granting or authorizing surface entry for any such
purpose;
(k) Altering the surface or general topography of the Easement Area,
including building roads or trails, or paving or otherwise covering any portion of the Easement
Area;
(l) Removing, disturbing, altering, destroying, or cutting of trees, shrubs or
other vegetation, except as required by law and in conformance with a management plan
approved by Grantee and CDFW for (1) fire breaks, (2) maintenance of existing foot trails or
roads, or (3) prevention or treatment of disease;
(m) Manipulating, impounding or altering any natural water course, body of
water or water circulation on the Easement Area, and activities or uses detrimental to water
quality, including but not limited to degradation or pollution of any surface or sub-surface waters;
(n) Without the prior written consent of Grantee and CDFW, which Grantee
and CDFW each may withhold, transferring, encumbering, selling, leasing, or otherwise
separating the mineral, air, or water rights for the Easement Area; changing the place or
purpose of use of the water rights; abandoning or allowing the abandonment of, by action or
inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights,
wells, ground water rights, or other rights in and to the use of water historically used on or
otherwise appurtenant to the Easement Area, including but not limited to: (1) riparian water
rights; (2) appropriative water rights; (3) rights to waters which are secured under contract with
any irrigation or water district, to the extent such waters are customarily applied to the
Easement Area; and (4) any water from wells that are in existence or may be constructed in the
future on the Easement Area; and
(o) Any activity or use that may violate or fail to comply with relevant federal,
state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the
activity or use in question.
(p) [Insert additional prohibitions as appropriate for the particular
Easement Area and its Conservation Values.]
343
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 5 Sept. 2015 CE Template – TPB – Partial Prop.
4. Grantor’s Duties. Grantor shall undertake all reasonable actions to prevent the
unlawful entry and trespass by persons whose activities may degrade or harm the Conservation
Values of the Easement Area. In addition, Grantor shall undertake all necessary actions to
perfect the rights of Grantee and CDFW under Section 2 of this Conservation Easement.
5. Reserved Rights. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area,
including the right to engage in or to permit or invite others to engage in all uses of the
Easement Area that are not expressly prohibited or limited by, and are consistent with the
purposes of, this Conservation Easement.
6. Grantee’s Remedies.
(a) CDFW, as a third party beneficiary of this Conservation Easement, shall
have the same rights and remedies as Grantee under this Section 6. If Grantee determines that
a violation of the terms of this Conservation Easement has occurred or is threatened, Grantee
shall give written notice to Grantor of such violation and demand in writing the cure of such
violation (“Notice of Violation”). At the time of giving any such notice, Grantee shall give a copy
of the notice to CDFW (or, if CDFW gives a Notice of Violation it shall also give a copy of the
notice to Grantee). Notice shall be provided in accordance with Section 20 of this Conservation
Easement.
(b) If Grantor fails to cure the violation within fifteen (15) days after receipt of
the Notice of Violation, or if the cure reasonably requires more than fifteen (15) days to
complete and Grantor fails to begin the cure within the fifteen (15)-day period or fails to continue
diligently to complete the cure, Grantee may bring an action at law or in equity in a court of
competent jurisdiction for any or all of the following: to recover any damages to which Grantee
may be entitled for violation of the terms of this Conservation Easement or for any injury to the
Conservation Values of the Easement Area; to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction without the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies; to pursue any other legal or equitable relief,
including, but not limited to, the restoration of the Easement Area to the condition in which it
existed prior to any such violation or injury; or to otherwise enforce this Conservation Easement.
Without limiting the liability of Grantor, Grantee may apply any damages recovered to the cost
of undertaking any corrective action on the Easement Area.
(c) If Grantee, in its sole discretion, determines that circumstances require
immediate action to prevent or mitigate injury to the Conservation Values of the Easement Area,
Grantee may pursue its remedies under this Conservation Easement without prior notice to
Grantor or without waiting for the period provided for cure to expire. Grantee’s rights under this
section apply equally to actual or threatened violations of the terms of this Conservation
Easement.
(d) Grantor agrees that Grantee’s remedies at law for any violation of the
terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the
injunctive relief described in this section, both prohibitive and mandatory, in addition to such
other relief to which Grantee may be entitled, including specific performance of the terms of this
Conservation Easement, without the necessity of proving either actual damages or the
344
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 6 Sept. 2015 CE Template – TPB – Partial Prop.
inadequacy of otherwise available legal remedies. Grantee’s remedies described in this section
shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in
equity, including but not limited to, the remedies set forth in Civil Code section 815, et seq.
(e) If at any time in the future Grantor or any subsequent transferee uses or
threatens to use the Easement Area for purposes inconsistent with this Conservation Easement
then, despite the provisions of Civil Code section 815.7, the California Attorney General, any
person and any entity with a justiciable interest in the preservation of this Conservation
Easement has standing as an interested party in any proceeding affecting this Conservation
Easement.
7. Costs of Enforcement. Grantor shall bear all costs incurred by Grantee or
CDFW, where it is a prevailing party in enforcing the terms of this Conservation Easement
against Grantor. These costs include, but are not limited to, the following: costs of suit and
attorneys’ and experts’ fees, and any costs for restoration necessitated by Grantor’s negligence
or breach of this Conservation Easement.
8. Discretion of Grantee and CDFW. Enforcement of the terms of this Conservation
Easement by Grantee or CDFW shall be at the discretion of the enforcing party, and any
forbearance by Grantee or CDFW to exercise its rights under this Conservation Easement in the
event of any breach of any term of this Conservation Easement shall not be deemed or
construed to be a waiver by Grantee or CDFW of such term or of any subsequent breach of the
same or any other term of this Conservation Easement or of any rights of Grantee or CDFW
under this Conservation Easement. No delay or omission by Grantee or CDFW in the exercise
of any right or remedy shall impair such right or remedy or be construed as a waiver.
9. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee or CDFW to bring any action against Grantor for
any injury to or change in the Easement Area resulting from (i) any natural cause beyond
Grantor's control, including, without limitation, fire not caused by Grantor, flood, storm, and earth
movement, or any prudent action taken by Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to the Easement Area resulting from such causes; or (ii) acts
by Grantee or its employees or CDFW or its employees.
10. CDFW Right of Enforcement. All rights and remedies conveyed to Grantee
under this Conservation Easement shall extend to and are enforceable by CDFW. [If
Conservation Easement is for mitigation purposes, add: These enforcement rights are in
addition to, and do not limit, the rights of enforcement under [insert title of permit/agreement
described in Recital E, above].]
11. [Optional] Fence Installation and Maintenance. Grantor shall install and
maintain a fence reasonably satisfactory to Grantee and CDFW around the Easement Area to
protect the Conservation Values of the Easement Area. [Note: If this provision is not used,
insert “Intentionally omitted” in place of section title and delete the rest.]
12. Access. This Conservation Easement does not convey a general right of access
to the public.
345
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
Page 7 Sept. 2015 CE Template – TPB – Partial Prop.
13. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the Easement Area. Grantor agrees that neither Grantee nor CDFW shall
have any duty or responsibility for the operation, upkeep or maintenance of the Property, the
monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third
parties from risks relating to conditions on the Property. Grantor remains solely responsible for
obtaining any applicable governmental permits and approvals required for any activity or use
permitted by this Conservation Easement, including those required from CDFW acting in its
regulatory capacity, and any activity or use shall be undertaken in accordance with all applicable
federal, state, local and administrative agency statutes, codes, ordinances, rules, regulations,
orders and requirements.
14. Taxes; No Liens. Grantor shall pay before delinquency all taxes, assessments
(general and special), fees, and charges of whatever description levied on or assessed against
the Property, including the Easement Area, by competent authority (collectively “Taxes”),
including any Taxes imposed upon, or incurred as a result of, this Conservation Easement, and
shall furnish Grantee and CDFW with satisfactory evidence of payment upon request. Grantor
shall keep the Easement Area free from any liens (other than a security interest that is expressly
subordinate to this Conservation Easement as provided in Section 22(j)), including those arising
out of any obligations incurred by Grantor for any labor or materials furnished or alleged to have
been furnished to or for Grantor at or for use on the Property, including the Easement Area.
15. Hold Harmless. Grantor shall hold harmless, protect, and indemnify Grantee and
its directors, officers, employees, agents, contractors, and representatives and the heirs,
personal representatives, successors and assigns of each of them (each a “Grantee
Indemnified Party” and, collectively, "Grantee’s Indemnified Parties") and CDFW and its
directors, officers, employees, agents, contractors and representatives, and the heirs, personal
representatives, successors and assigns of each of them (each a “CDFW Indemnified Party”
and, collectively, “CDFW’s Indemnified Parties”) from and against any and all liabilities,
penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys'
fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a
“Claim” and, collectively, “Claims”), arising from or in any way connected with: (1) injury to or
the death of any person, or physical damage to any property, resulting from any act, omission,
condition, or other matter related to or occurring on or about the Property, regardless of cause,
except that this indemnification shall be inapplicable (a) to Grantee’s Indemnified Parties with
respect to any Claim due solely to the negligence of Grantee and (b) to CDFW’s Indemnified
Parties with respect to any Claim due solely to the negligence of CDFW; (2) the obligations
specified in Sections 4, 13, and 14 [verify the Section numbers listed here refer to
“Grantor’s Duties,” “Costs and Liabilities,” and “Taxes; No Liens” sections], and (3) the
existence or administration of this Conservation Easement. If any action or proceeding is
brought against any of the CDFW’s Indemnified Parties by reason of any such Claim, Grantor
shall, at the election of and upon written notice from CDFW, defend such action or proceeding
by counsel reasonably acceptable to the CDFW Indemnified Party or reimburse CDFW for all
charges incurred for services of the California Attorney General in defending the action or
proceeding. [Note: Keep reference to “Property” even though Conservation Easement
covers “Easement Area.”]
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
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16. Extinguishment. If circumstances arise in the future that render the purposes of
this Conservation Easement impossible to accomplish, this Conservation Easement can only be
terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent
jurisdiction.
17. Condemnation. Pursuant to Code of Civil Procedure section 1240.055, this
Conservation Easement is “property appropriated to public use,” as used in Article 6
(commencing with section 1240.510) and Article 7 (commencing with section 1240.610) of
Chapter 3 of Title 7 of the Code of Civil Procedure. A person authorized to acquire property for
public use by eminent domain shall seek to acquire the Property, if at all, only as provided in
Code of Civil Procedure section 1240.055. [If Conservation Easement is for mitigation
purposes, add: CDFW is a public entity that imposed conditions on approval of a project that
were satisfied, in whole or in part, by the creation of this Conservation Easement. If any person
seeks to acquire the Property for public use, Grantee shall provide notice to CDFW and comply
with all obligations of the holder of a conservation easement under Code of Civil Procedure
section 1240.055. If the Conservation Easement is condemned, the net proceeds from the
condemnation shall be used in compliance with Government Code section 65966(j).]
18. Transfer of Easement. This Conservation Easement may be assigned or
transferred by Grantee only to CDFW or another entity or organization authorized to acquire and
hold conservation easements pursuant to Civil Code section 815.3 [if Conservation Easement
is for mitigation purposes, add: and Government Code section 65967] (and any successor or
other provisions then applicable) or the laws of the United States. Grantee shall require the
assignee to record the assignment in the county where the Property is located. The failure of
Grantee to perform any act provided in this section shall not impair the validity of this
Conservation Easement or limit its enforcement in any way. [Note: Keep reference to
“Property” even though Conservation Easement covers “Easement Area.”]
19. Transfer of Property. Grantor agrees to incorporate the terms of this
Conservation Easement by reference in any deed or other legal instrument by which Grantor
divests itself of any interest in all or any portion of the Property, including, without limitation, a
leasehold interest. Grantor further agrees to give written notice to Grantee and CDFW of the
intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Grantee
or CDFW shall have the right to prevent subsequent transfers in which prospective subsequent
claimants or transferees are not given notice of the terms, covenants, conditions and restrictions
of this Conservation Easement. The failure of Grantor, Grantee, or CDFW to perform any act
provided in this section shall not impair the validity of this Conservation Easement or limit its
enforceability in any way. [Note: Keep references to “Property” even though Conservation
Easement covers “Easement Area.”]
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20. Notices. Any notice, demand, request, consent, approval, or other
communication that any party desires or is required to give to the other parties shall be in writing
and be served personally or sent by recognized overnight courier that guarantees next-day
delivery or by first class United States mail, postage fully prepaid, and addressed as follows:
To Grantor: [Name]
[Address]
[City, State Zip]
[Attn:]
To Grantee:
[Name]
[Address]
[City, State Zip]
[Attn:]
To CDFW: Department of Fish and Wildlife
[Name of Region]
[Region’s address]
[Region’s City, State Zip]
Attn: Regional Manager
Copy to: Department of Fish and Wildlife
Office of the General Counsel
1416 Ninth Street, 12th Floor
Sacramento, California 95814-2090
Attn: General Counsel
or to such other address as Grantor, Grantee, or CDFW shall designate by written notice to the
other parties. Notice shall be deemed effective upon delivery in the case of personal delivery or
delivery by overnight courier or, in the case of delivery by first class mail, three (3) days after
deposit into the United States mail.
21. Amendment. This Conservation Easement may be amended by Grantor and
Grantee only by mutual written agreement and subject to the prior written consent of CDFW.
Any such amendment shall be consistent with the purposes of this Conservation Easement and
California law governing conservation easements and shall not affect its perpetual duration.
Any such amendment shall be recorded in the Official Records of the county in which the
Property is located. [Note: Keep reference to “Property” even though Conservation
Easement covers “Easement Area.”]
22. Additional Provisions.
(a) Controlling Law. The interpretation and performance of this Conservation
Easement shall be governed by the laws of the State of California, disregarding the conflicts of
law principles of such state.
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(b) Liberal Construction. Despite any general rule of construction to the
contrary, this Conservation Easement shall be liberally construed to accomplish the purposes of
this Conservation Easement and the policy and purpose of Civil Code section 815, et seq. If
any provision in this instrument is found to be ambiguous, an interpretation consistent with the
purposes of this Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on its
face any provision of this Conservation Easement, such action shall not affect the remainder of
this Conservation Easement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to any other persons or circumstances.
(d) Entire Agreement. This instrument [Add if applicable: and the
[permit/agreement/CEQA document] described in Recital E together] set[s] forth the entire
agreement of the parties with respect to the Conservation Easement and supersede[s] all prior
discussions, negotiations, understandings, or agreements of the parties relating to the
Conservation Easement. No alteration or variation of this instrument shall be valid or binding
unless contained in an amendment in accordance with Section 21 [verify this Section number
refers to “Amendment” section].
(e) No Forfeiture. Nothing contained in this Conservation Easement will
result in a forfeiture or reversion of Grantor's title in any respect. [If Conservation Easement is
for mitigation purposes and was transferred pursuant to a permit condition, add:
Notwithstanding the foregoing, if CDFW reasonably determines that this Conservation
Easement is not being held, monitored, or stewarded for conservation purposes in accordance
with the requirements of Government Code section 65967(e), then pursuant to Government
Code section 65967(e) the Conservation Easement shall revert to CDFW or to another public
agency, governmental entity, special district, or nonprofit organization approved in advance in
writing by CDFW.]
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding upon, and inure to the benefit of, the parties and their
respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Property. [Note: Keep reference to “Property” even
though Conservation Easement covers “Easement Area.”]
(g) Termination of Rights and Obligations. A party's rights and obligations
under this Conservation Easement terminate upon transfer of the party's interest in the
Conservation Easement or Property, except that liability for acts, omissions, or breaches
occurring prior to transfer shall survive transfer. [Note: Keep reference to “Property” even
though Conservation Easement covers “Easement Area.”]
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(i) No Hazardous Materials Liability.
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
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(1) Grantor represents and warrants to Grantee and CDFW that it has
no knowledge or notice of any Hazardous Materials (defined below) or underground storage
tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned
in, on, under, or from the Property, or transported to or from or affecting the Property. All
references to “Property” in this Section 22 (i) include, but are not limited to, the Easement Area.
(2) Without limiting the obligations of Grantor under Section 15 [verify
that Section number refers to “Hold Harmless” section] of this Conservation Easement,
Grantor hereby releases and agrees to indemnify, protect and hold harmless the Grantee’s
Indemnified Parties and the CDFW’s Indemnified Parties (each as defined in Section 15 [same
instruction as above]) from and against any and all Claims arising from or connected with any
Hazardous Materials or underground storage tanks present, alleged to be present, released in,
from, or about, or otherwise associated with the Property at any time, except that (A) this
indemnification shall be inapplicable to the Grantee’s Indemnified Parties with respect to any
Hazardous Materials placed, disposed, or released by Grantee and (B) this indemnification shall
be inapplicable to the CDFW’s Indemnified Parties with respect to any Hazardous Materials
placed, disposed, or released by CDFW. This release and indemnification includes, without
limitation, Claims for injury to or death of any person or physical damage to any property; and
the violation or alleged violation of, or other failure to comply with, any Environmental Laws
(defined below). If any action or proceeding is brought against any of the CDFW’s Indemnified
Parties by reason of any such Claim, Grantor shall, at the election of and upon written notice
from CDFW, defend such action or proceeding by counsel reasonably acceptable to the CDFW
Indemnified Party or reimburse CDFW for all charges incurred for services of the California
Attorney General in defending the action or proceeding.
(3) Despite any contrary provision of this Conservation Easement, the
parties do not intend this Conservation Easement to be, and this Conservation Easement shall
not be, construed such that it creates in or gives to Grantee or CDFW any of the following:
(A) The obligations or liability of an “owner” or “operator,” as
those terms are defined and used in Environmental Laws (defined below), including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended (42 U.S.C. section 9601, et seq.; hereinafter, “CERCLA”); or
(B) The obligations or liabilities of a person described in 42
U.S.C. section 9607(a)(3) or (4); or
(C) The obligations of a responsible person under any
applicable Environmental Laws; or
(D) The right or duty to investigate and remediate any
Hazardous Materials associated with the Property; or
(E) Any control over Grantor’s ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
(4) The term “Hazardous Materials” includes, without limitation, (a)
material that is flammable, explosive or radioactive; (b) petroleum products, including
by-products and fractions thereof; and (c) hazardous materials, hazardous wastes, hazardous
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or toxic substances, or related materials defined in CERCLA, the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. section 6901, et seq.; hereinafter “RCRA”); the Hazardous
Materials Transportation Act (49 U.S.C. section 5101, et seq.; hereinafter “HTA”); the
Hazardous Waste Control Law (Health & Saf. Code section 25100, et seq.; hereinafter “HCL”);
the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Saf. Code section
25300, et seq.; hereinafter “HSA”), and in the regulations adopted and publications promulgated
pursuant to them, or any other applicable Environmental Laws now in effect or enacted after the
date of this Conservation Easement.
(5) The term “Environmental Laws” includes, without limitation,
CERCLA, RCRA, HTA, HCL, HSA, and any other federal, state, local or administrative agency
statute, code, ordinance, rule, regulation, order or requirement relating to pollution, protection of
human health or safety, the environment or Hazardous Materials. Grantor represents, warrants
and covenants to Grantee and CDFW that activities upon and use of the Property by Grantor, its
agents, employees, invitees and contractors will comply with all Environmental Laws.
(j) Warranty. Grantor represents and warrants that Grantor is the sole
owner of fee simple title to the Property; that the Property is not subject to any other
conservation easement; and there are no outstanding mortgages, liens, encumbrances or other
interests in the Property (including, without limitation, water and mineral interests) that may
conflict or are otherwise inconsistent with this Conservation Easement and which have not been
expressly subordinated to this Conservation Easement by a written, recorded Subordination
Agreement approved by Grantee and CDFW. [Note: Keep references to “Property” even
though Conservation Easement covers “Easement Area.”]
(k) Additional Easements. Grantor shall not grant any additional easements,
rights of way, or other interests in the Property (other than a security interest that is expressly
subordinated to this Conservation Easement), or grant, transfer, abandon, or relinquish (each a
“Transfer”) any mineral, air, or water right, or any water associated with the Property, without
first obtaining the written consent of Grantee and CDFW. Grantee or CDFW may withhold such
consent if it determines that the proposed interest or Transfer is inconsistent with the purposes
of this Conservation Easement or may impair or interfere with the Conservation Values of the
Easement Area. This section shall not limit the provisions of Sections 2(d) or 3(n), nor prohibit
transfer of a fee or leasehold interest in the Property that is subject to this Conservation
Easement and complies with Section 19 [verify that Section number refers to “Transfer of
Property” section]. Grantor shall provide a certified copy of any recorded or unrecorded grant
or Transfer document to Grantee and CDFW. [Note: Keep references to “Property” even
though Conservation Easement covers “Easement Area.”]
(l) Recording. Grantee shall record this Conservation Easement in the
Official Records of the county in which the Property is located, and Grantee or CDFW may re-
record it at any time as it deems necessary to preserve its rights in this Conservation Easement.
[Note: Keep reference to “Property” even though Conservation Easement covers
“Easement Area.”]
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document as needed and it does not necessarily contain all provisions appropriate for a given project.
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(m) Exhibits. The following Exhibits referenced in this Conservation
Easement are attached to and incorporated by reference in this Conservation Easement:
EXHIBIT A – Legal Description and Map of Property
EXHIBIT B – Legal Description and Map of Easement Area
IN WITNESS WHEREOF Grantor has executed this Conservation Easement as of the
day and year first above written.
GRANTOR:
[Insert full legal name of Grantor]
BY:
NAME:
TITLE:
DATE:
[NOTE: ATTACH EXHIBITS AND FORM OF NOTARY ACKNOWLEDGMENT]
352
Attachment 3
Preliminary Title Report
353
2
BN 71558700v2
Exhibit C – Endowment Fund Analysis
354
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Activity/Actions
Required Description Frequency Required Actions Required Unit Number of Units Cost/Unit Total Cost
Divide
Years
Annual Cost (Part 1)
or Cost (Part 2)
PART 1. MONITORING AND MANAGEMENT COSTS
Element A Biological Resources
A.1 Waters of the U.S., including Wetlands
Conduct annual survey for
excessive sedimentation and/or
erosion.
Annually, after the
first heavy, continuous
rainfall period > 1 inch
Labor hours for monitoring biologist to document
any signs of excessive sedimentation and/or
erosion. Includes preparation of reporting
materials.
Hours 4 110.00 440.00 1 440.00$
Labor hours to implement surface stabilization
and/or remedial actions. Hours 8 110.00 880.00 10 88.00
Purchase or rent field work materials and/or
equipment. Lump Sum 1 250.00 250.00 10 25.00
A.3 Covered Habitat
Task A.3.3 Habitat and Vegetation Community
Monitoring and Mapping.
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for monitoring bioligist to determine
and map plant community types present and species
composition for each habitat type. GIS shapefile
creation and map creation.
Hours 4 110.00 440.00 5 88.00
A.4 Threatened/Endangered Plant Species Monitoring
Task A.4.1 Special Status Plant Survey and
Reporting
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for a monitoring biologist to survey
upland habitat to asses the quality of the functions
and values to Congdon's tarplant, San Joaquin
Spearscale, and other plant species. Includes
preparation of report materials, including species
observed list.
Hours 4 110.00 440.00 5 88.00
A.5 Threatened/Endangered Wildlife Species Monitoring
Labor hours for a qualified 10A1a permit holder to
conduct surveys for the presence of CTS within
appropriate habitat. Includes preparation of report
materials.
Hours 4 140.00 560.00 5 112.00
Labor hours for monitoring biologist to assist
USFWS permitted biologist in conducting surveys
for the presence of CTS within appropriate habitat.
Hours 4 110.00 440.00 5 88.00
Task A.5.2 California Red-legged Frog Survey
and Reporting
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for a qualified 10A1a permit holder to
conduct surveys for the presence of CRLF within
appropriate habitat. Includes preparation of report
materials.
Hours 4 140.00 560.00 5 112.00
Implement surface stabilization
and/or remediation activities as
necessary.
Assumes every 10 years
Task A.1.1.e &
Task A.3.2.a
Endowment Fund Analysis for Long-Term Management Associated with the Croak Road Management Area (4-Acres)
Alameda County, California. June 20, 2022
Task A.5.1 California Tiger Salamander
Survey and Reporting
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
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Activity/Actions
Required Description Frequency Required Actions Required Unit Number of Units Cost/Unit Total Cost
Divide
Years
Annual Cost (Part 1)
or Cost (Part 2)
Endowment Fund Analysis for Long-Term Management Associated with the Croak Road Management Area (4-Acres)
Alameda County, California. June 20, 2022
Task A.5.3 Special Status Wildlife Survey and
Reporting
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for a monitoring biologist to survey
upland habitat to asses the quality of the burrow
system for CTS, CRLF, SJKF, BUOW, raptors, and
other wildlife. Includes preparation of report
materials, including species observed list.
Hours 4 110.00 440.00 5 88.00
A.6 Non-native Invasive Species
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for monitoring biologist to conduct
survey for non-native invasive plant species,
document with GPS, and produce map and
reporting materials.
Hours 4 110.00 440.00 5 88.00
Labor hours for Land Manager and others as
necessary to implement field work. Hours 8 140.00 1,120.00 3 373.33
Purchase or rent field work materials and/or
equipment. Hand pull, mow, and/or herbicide
application as appropriate.
Lump Sum 1 250.00 250.00 3 83.33
Task A.6.1.b Pest Wildlife Species Monitoring
Years 1, 5, 10, 15, 20,
and every 5 years
thereafter in perpetuity.
Labor hours for monitoring biologist to conduct
surveys for pest wildlife species. Includes
preparation of report materials.
Hours 4 110.00 440.00 5 88.00
Transportation Transportation Cost Annaully Daily cost for transportation, including ATV,
vehicle, and GPS as appropriate. Days 0.5 250.00 125.00 1 125.00
A.7 Upland Vegetation Management
Labor hours for the Land Manager to
develop/maintain a land managemnt strategy based
on available data sets, on-site observations, etc. in
order to maintain the ecological functions and
values.
Hours 4 140.00 560.00 1 560.00$
Labor hours for Land Manager for field and office
cordination with grazer, including leasing, stocking
rates, on/off dates, infrastructure, etc.
Hours 4 140.00 560.00 1 560.00
Transportation Transportation Cost Annaully Daily cost for transportation, including ATV,
vehicle, and GPS as appropriate. Days 0.5 250.00 125.00 1 125.00
Subtotal 6,500.00 3,131.66$
Non-native Invasive Plant Species
Monitoring/Control Task A.6.1.a
Task A.7.1.a Annually Grazing Management
Years 3, 6, 9 and every 3
years thereafter in
perpetuity.
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Activity/Actions
Required Description Frequency Required Actions Required Unit Number of Units Cost/Unit Total Cost
Divide
Years
Annual Cost (Part 1)
or Cost (Part 2)
Endowment Fund Analysis for Long-Term Management Associated with the Croak Road Management Area (4-Acres)
Alameda County, California. June 20, 2022
Element B Security, Safety, and Public Access
Element B.1 Trash and Trespass
Task B.1.1.a
Conduct annual survey for signs of
prohibited human encroachment
and trash/debris.
Quarterly Labor hours for monitoring biologist to conduct
trash and trespass survey. Hours 4 110.00 440.00 1 440.00$
Task B.1.1.b Remove trash and debris. Annually Lump sum cost for removal of trash and debris to
appropriate offsite location.Lump Sum 1 50.00 50.00 1 50.00
Transportation Transportation Cost Annually Daily cost for transportation, including ATV,
vehicle, and GPS as appropriate. Days 0.5 250.00 125.00 1 125.00
Subtotal 615.00 615.00$
Element C Infrastructure and Facilities
Element C.1 Fencing, Gates, Locks, & Signs
Task C.1.1 Inspect fencing, gates, locks, &
signs. Annually Inspect for damage or need for maintenance and
document observations. Hours 4 110.00 440.00 1 440.00
Task C.1.2 Repair fence & gates as needed. Annually Funds to maintain fence & gates (proper tension,
attachments to posts, broken wire, etc.).Lump Sum 1 500.00 500.00 1 500.00
Task C.1.3.a Replace all wire fencing and posts.Assumes every 30 years
Replace worn fence w/ 30 year gauge metal
fencing. Assumes 5-strand barbed wire on metal
posts with 10 foot centers w/ end post braces for
tension support. Gates replaced with welded rolled
steel.
linear feet 500 7.25 3,625.00 30 120.83
Transportation Transportation Cost Annually Daily cost for transportation, including ATV,
vehicle, and GPS as appropriate. Days 0.5 250.00 125.00 1 125.00
Subtotal 4,690.00 1,185.83$
Element D Reporting and Administration
Element D.1 Annual Report
Task D.1.1.a Prepare annual report and submit to
the IRT and CE Grantee.
Annually, by January 31
of the following year,
beginning Year 1.
Labor hours and material costs for Land Manager
and others to prepare the long-term annual
monitoring report.
Hours 4 140.00 560.00 1 560.00
Contracting, accounting, book
keeping, budgeting, organizing, etc. Annually Labor hours for record keeping and project
management. Hours 4 200.00 800.00 1 800.00
Legal Advice and Action Annually Provide legal advice and write letters to appropriate
parties Hours 1 300.00 300.00 1 300.00
Subtotal 1,660.00 1,660.00$
Task D.1.1.b
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Activity/Actions
Required Description Frequency Required Actions Required Unit Number of Units Cost/Unit Total Cost
Divide
Years
Annual Cost (Part 1)
or Cost (Part 2)
Endowment Fund Analysis for Long-Term Management Associated with the Croak Road Management Area (4-Acres)
Alameda County, California. June 20, 2022
TOTAL ANNUAL ITEMIZED COSTS 6,592.49$
Contingency (Annual Costs)
Rate
Contingency Contingency for unanticipated
items Annually
Fund is to cover unanticipated items and activities
necessary in order to meet the goal of the
conservation area
item 6,592.49$ 10%659.25 1 659.25$
Subtotal 659.25$
TOTAL ANNUAL COSTS WITH CONTINGENCY 7,251.74$
Funding Income Cap Rate Endowment:
Funding collected by CE
Grantee
Establish endowment fund for
implementation of the Long-Term
Resources Management Plan..
Single Payment Receive endowment funds and establish
endowment
Single
Payment 7,251.74$ 3.5%207,192.57$
ENDOWMENT REQUIREMENTS FOR ANNUAL LONG-TERM MANAGEMENT AND MAINTENANCE 207,192.57$
O:\Croak Road Restoration\LTRMP 2022\Endowment Fund Analysis 6-20-2022 Cost Analysis (2)Page 4 of 4 358
GH PACVEST
WETLAND IMPACT EXHIBIT
Attachment 5
359
193 Blue Ravine Road, Ste. 165Folsom, CA 95630Phone: (916) 985-1188
Figure 1: Adjacent Preserved Lands MapCroak Road Mitigation AreaEagle Ridge Preserve EastAlameda & Contra Costa Counties, California
0 1,600 3,200800FeetI1 inch = 1,667 feetScale:1:20,000
Document Path: E:\Google Drive\Olberding\Eagle Ridge East - Manning\Croak Rd Mitigation Area\MXDs\Fig 1_Surrounding Preserves.mxd
Map Intended to be Printed at: 8.5" x 11"
County Line
Eagle Ridge Preserve - West
Eagle Ridge Preserve
Eagle Ridge Preserve East
Collier Canyon Preserve
Eagle Ridge Preserve - North
Cayetano Creek Preserve
Cayetano Creek Mitigation Bank
Croak Road Mitigation Area
Eagle Ridge Preserve
Eagle Ridge Preserve - East
Croak RoadMitigation Area
Contra Costa
C
o
u
nt
y
Alameda Cou
nt
y
Attachment 6
360