governing board - california

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GOVERNING BOARDREGULAR MEETING

Friday, August 21, 2020

10:00 a.m.

To slow the spread of COVID-19, the Health Officer’s Shelter Order of June 5,

2020, prevents public gatherings. In lieu of a public gathering, the Governing Board

meeting will be accessible via live-streaming and telephone to all members of the

public as permitted by the Governor’s Executive Order N29-20.

The East Contra Costa County Habitat Conservancy Governing Board meeting can

be accessed live either online or by telephone:

Access the meeting live online at: https://cccounty-us.zoom.us/j/93953719831

Meeting ID: 939 5371 9831

Access the meeting by telephone at (888) 278-0254 followed by access code

198675##

Persons who wish to address the Board during public comment or with respect to an

item that is on the agenda may do so either online or by telephone. If accessing the

meeting online, request to speak by clicking the “raise hand” function. If accessing

the meeting by telephone, request to speak by dialing #2.

AGENDA

1) 10:00 a.m. Convene meeting.

Adjourn to Closed Session

CS1) Conference with Legal Counsel – Existing Litigation (Gov. Code, §

54956.9(d)(1))

Discovery Builders, Inc. v. City of Brentwood, California; City Council of the

City of Brentwood, et al.; Contra Costa County Superior Court, Case No. N13-

1781.

Reconvene Open Session

2) Report any actions taken in Closed Session. Open session will not start

before 10:30.

3) Introductions.

4) Public Comment on items that are not on the agenda.Public comment on items on the agenda will be taken with each agenda item (3 minutes each speaker).

EAST CONTRA

COSTA COUNTY

HABITAT

CONSERVANCY

City of Brentwood

City of Clayton

City of Oakley

City of Pittsburg

Contra Costa County

https://cccounty-us.zoom.us/j/93953719831

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5) Consider the following CONSENT items:

a) APPROVE the Meeting Record from the East Contra Costa County Habitat

Conservancy (“Conservancy”) Governing Board meeting of June 26, 2020.

b) Consider the following actions related to extending take coverage to Contra Costa

Water District for their Los Vaqueros Geotechnical Investigations Project:

i) DIRECT staff to file a CEQA Notice of Exemption for this Board action with

the County Clerk; and

ii) AUTHORIZE staff to execute a Second Amendment to the Participating

Special Entity Agreement with Contra Costa Water District for take

coverage for the Los Vaqueros Geotechnical Investigations Project.

c) DIRECT staff to provide a letter of support for Contra Costa County’s planning

grant application to the California Department of Conservation’s Sustainable

Agricultural Lands Conservation Program (SALC).

6) Adjourn. The next Governing Board meeting is October 16, 2020.

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If you have questions about this agenda or desire additional meeting materials, you may contact

Maureen Parkes of the Contra Costa County Department of Conservation and Development at 925-674-7831.

The Conservancy will provide reasonable accommodation for persons with disabilities planning to participate

in this meeting who contact staff at least 24 hours before the meeting.

Agenda Item 5a

Page 1 of 1

EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

DATE: August 21, 2020 TO: Governing Board FROM: Conservancy Staff SUBJECT: Governing Board Meeting Record for June 26, 2020

RECOMMENDATION

APPROVE the Meeting Record from the East Contra Costa County Habitat Conservancy (“Conservancy”) Governing Board meeting of June 26, 2020.

DISCUSSION Please find the draft meeting record attached.

CONTINUED ON ATTACHMENT: Yes ACTION OF BOARD ON: August 21, 2020 APPROVED AS RECOMMENDED: OTHER:

VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN.

ATTESTED ____________________________________________________________________ John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS

AYES: NOES: ABSENT: ABSTAIN:

Draft Meeting RecordEast Contra Costa County Habitat Conservancy

Friday, June 26, 2020 10:00 a.m.

(remote meeting)

1) The Governing Board convened the meeting at 10:07 a.m. and announced adjournment toClosed Session at 10:07 a.m.

The Governing Board reconvened in Open Session at 10:30 a.m.

2) Report any actions taken in Closed Session. Open session will not start before 10:30.There were no actions to report in Closed Session.

3) Introductions.

Governing Board members in attendance were:Diane Burgis Contra Costa County Board of Supervisors Joel Bryant City Council, City of Brentwood Tuija Catalano City Council, City of Clayton Juan Banales City Council, City of Pittsburg

Conservancy staff and consultants in attendance were:Joanne Chiu Conservancy Staff Allison Cloney Conservancy Staff Abigail Fateman Conservancy Executive Director John Kopchik Conservancy Secretary Chris Beale Resources Law Group (closed session only)

Other attendees (who were present on the video meeting or spoke on an item): Audrey Bonafede Phillips 66 James Tull Arcadis Jeffrey Goodman Vineyards at Marsh Creek Owner’s Association

4) Public Comment on items that are not on the agenda. Public comment on items on theagenda will be taken with each agenda item (3 minutes each speaker).

Jeffrey Goodman, Vineyards at Marsh Creek Owner’s Association, provided comments on the PGE Vintage Line 114 project CEQA document.

5) Consider the following CONSENT items:a) APPROVE the Meeting Record from the East Contra Costa County Habitat

Conservancy (“Conservancy”) Governing Board meeting of April 17, 2020.b) ACCEPT update on media coverage of Conservancy activities.c) Consider the following actions related to extending take coverage to Phillips 66,

LLC for their Line 200 Byron Segment Replacement Project – GeotechnicalInvestigation:

Agenda Item 5a - Attachment

i) AUTHORIZE staff to execute a First Amendment to the ParticipatingSpecial Entity Agreement with Phillips 66, LLC for take coverage for theLine 200 Byron Segment Replacement Project – GeotechnicalInvestigation; and

ii) DIRECT staff to file a CEQA Notice of Exemption for this Board actionwith the County Clerk.

Board member Catalano asked for an update on how Covid-19 restrictions are impacting the Conservancy’s operations. Ms. Fateman provided a brief update indicating that staff are working from home and though there were some initial delays in field operations, most activities are continuing with safety modifications. The Governing Board approved Items 5a, 5b and 5c as recommended by staff. (4-0: Banales, Bryant, Burgis and Catalano).

6) Consider the following items related to Conservancy finances:

a) AUTHORIZE staff to execute a contract amendment with ICF Jones and Stokesto increase the contract limit by $100,000 from $120,000 to $220,000 with nochange to the contract term;

b) AUTHORIZE staff to execute a contract amendment with Hultgren-TillisEngineers to increase the contract limit by $16,000 from $232,000 to $248,000 withno change to the contract term; and

c) ACCEPT the mid-year status report on finances and the 2020 Budget andAPPROVE the recommended adjustment to the 2020 Budget.

Ms. Fateman presented items 6a and 6b, providing explanations of the amendment requests. Ms. Chiu provided the update on the mid-year budget. The Governing Board approved Items 6a, 6b and 6c as recommended by staff. (4-0: Banales, Bryant, Burgis and Catalano).

7) Consider the following actions related to the Conservancy’s 2019 Annual Report:a) REVIEW the Draft East Contra Costa County Habitat Conservation

Plan/Natural Community Conservation Plan 2019 Annual Report andDIRECT staff to finalize and distribute the 2019 Annual Report.

b) DIRECT staff to prepare the East Contra Costa County Habitat Conservancy2019 Year in Review summary document.

Board member Bryant asked staff about new species occurrences in the Preserve System. Ms. Fateman responded indicating that most restoration projects have had species occupy them, so we know that many species do occur, and the work the Conservancy is doing is beneficial. The Governing Board approved Items 7a and 7b as recommended by staff. (4-0: Banales, Bryant, Burgis and Catalano).

8) Adjourn. The next Governing Board meeting is August 21, 2020.

Agenda Item 5a - Attachment

Agenda Item 5b

Page 1 of 3

EAST CONTRA COSTA COUNTY

HABITAT CONSERVANCY

DATE: August 21, 2020

TO: Governing Board

FROM: Conservancy Staff (Joanne Chiu)

SUBJECT: Second Amendment to the PSE Agreement with Contra Costa Water District

to Extend Take Coverage

RECOMMENDATION

Consider the following actions related to extending take coverage to Contra Costa Water

District for their Los Vaqueros Geotechnical Investigations Project:

i) DIRECT staff to file a CEQA Notice of Exemption for this Board action with the

County Clerk; and

ii) AUTHORIZE staff to execute a Second Amendment to the Participating Special

Entity Agreement with Contra Costa Water District for take coverage for the Los

Vaqueros Geotechnical Investigations Project.

DISCUSSION

ITEM (i). California Environmental Quality Act (CEQA)

The Board’s decision to authorize the Executive Director to execute the Second Amendment to

the PSE Agreement and to extend take authorization to Contra Costa Water District for the

Project is exempt from CEQA pursuant to a categorical exemption for information collection -

Class 6 consists of basic data collection, research, experimental management, and resource

evaluation activities which do not result in a serious or major disturbance to an environmental

resource. These may be strictly for information gathering purposes, or as part of a study leading

to an action which a public agency has not yet approved, adopted, or funded (Pub. Resources

Code Section 21083; Cal. Code Regs., tit. 14, §15306).

CONTINUED ON ATTACHMENT: Yes

ACTION OF BOARD ON: August 21, 2020 APPROVED AS RECOMMENDED:

OTHER:

VOTE OF BOARD MEMBERS

I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION

TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY

GOVERNING BOARD ON THE DATE SHOWN.

ATTESTED

____________________________________________________________________

John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY

HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS

AYES:

NOES:

ABSENT:

ABSTAIN:

Agenda Item 5b

Page 2 of 3

ITEM (ii).

Background

At the August 26, 2019 Board Meeting, the Governing Board authorized staff to execute a

Participating Special Entity (“PSE”) Agreement with the Contra Costa Water District (“CCWD”

or “PSE”) for take coverage of their Los Vaqueros Geotechnical Investigations Project

(“Project”). Subsequently, at the October 28, 2019 Board Meeting, the Governing Board

authorized staff to execute a First Amendment to the PSE Agreement with CCWD to account for

modifications to the Project. To support the Division of Safety of Dam’s permitting process

associated with the Phase 2 Los Vaqueros Reservoir Expansion Project, CCWD has been

conducting geotechnical investigations within the boundaries of the Los Vaqueros Watershed.

The Project is designed to: 1) understand the properties of the bedrock underlying the proposed

dam raise and new appurtenant works and 2) identify potential borrow sites for embankment

shell and core materials.

The original Project proposed up to 44 exploratory borings sampling and testing over a period

not anticipated to last more than three months. Data was gathered within the bore holes using

piezometers, hydraulic conductivity testing, seismic P-wave surveys, and televiewer logging.

The Project takes place in the vicinity of the proposed raised dam, dam core borrow area, and

dam shell borrow area.

The First Amendment to the PSE Agreement and Planning Survey Report (“PSR”) Addendum

addressed some changes to the Project, namely the removal of 7 bores from the Dam Shell

Borrow Area and the addition of 7 bores to an addendum area.

PSR Addendum 2

CCWD notified the Conservancy that additional boring work at the Dam area is required – the

prior work conducted is considered “Phase 1” and the subsequent work being “Phase 2”. Data

from implementation of Phase 1 and coordination with the Technical Review Board for the dam

design informs the proposed Phase 2 Program.

The following summarizes the impact changes to the Project, per the original PSR, the PSR

Addendum, and the PSR Addendum 2:

Original Project Plus Addendum

Land Cover Type Temp

Impacts

Annual Grassland 1.52

Alkali Grassland 0.06

Ruderal 2.20

Urban (paved/gravel) 34.76

Total 38.54

* Permanent impacts are limited to areas of concrete back-

filled bore holes, totaling 0.00001 acre.

Updated Project: Addendum 2

Land Cover Type Temp

Impacts

Annual Grassland 1.56

Alkali Grassland 0.06

Ruderal 2.20

Urban (paved/gravel) 35.15

Total 38.97 * Permanent impacts are limited to areas of concrete back-

filled bore holes, totaling 0.000013 acre.

Second Amendment to the PSE Agreement

In order to receive permit coverage under the HCP/NCCP for the changes and additional area of

impact, the Conservancy and CCWD must amend the PSE Agreement. The Conservancy entered

Agenda Item 5b

Page 3 of 3

into a First Amendment to the PSE agreement Conservancy in 2019. Conservancy staff has

prepared the proposed Second Amendment to the PSE Agreement (“Second Amendment”) for

this Project, which is attached to this staff report. Exhibit 1 to the Second Amendment is the PSR

Addendum 2, prepared by CCWD with information from Environmental Science Associates.

Key provisions of the Second Amendment:

• The Second Amendment incorporates the PSR Addendum 2 as a part of the PSE’s

application package.

• The Project’s impacts will result in a total mitigation fee payment of $26,709.69.

CCWD has already paid $25,129.87 of that amount, and the remaining $1,579.82 will

be paid prior to receiving coverage for the changes to the Project.

o As part of total mitigation fee payment of $26,709.69, the temporary impact

fee amount has been updated to $14,675.40.

o As part of the total mitigation fee payment of $26,709.69, the CTR fee amount

has been updated to $12,034.29.

Next steps

Should the Conservancy Governing Board authorize staff to execute the Second Amendment to

the PSE Agreement, key next steps in granting take coverage would be as follows:

• CCWD signs the Second Amendment.

• Staff requests USFWS and CDFW (collectively, “Wildlife Agencies”) to review the

Second Amendment and PSR Addendum 2, and to concur that the Second

Amendment and PSR Addendum 2 includes all applicable requirements of the

HCP/NCCP with regard to the Project and imposes a duty on CCWD implement

them. Once the Conservancy receives concurrence from the Wildlife Agencies, the

Executive Director of the Conservancy will sign the Second Amendment. Note:

PSE agreements and any amendments thereof, unlike the granting of take

authorization by a participating City or County, require concurrence from the

Wildlife Agencies.

• The PSE pays all required mitigation, contribution to recovery, and administrative

costs, as outlined in the Second Amendment.

• The Conservancy issues the PSE a Certificate of Inclusion consistent with the

Second Amendment. Take authorization would then be in effect, subject to the terms

of the PSE Agreement and the Certificate of Inclusion.

• The PSE conducts pre-construction surveys to determine which species-specific

avoidance and minimization measures are required during construction.

• The PSE develops and submits a construction monitoring plan to the Conservancy in

accordance to Section 6.3.3 of the HCP/NCCP.

• The PSE implements the Project subject to the terms of the Second Amendment.

ATTACHMENTS

• Second Amendment to the PSE Agreement, including:

▪ Main body of the amendment

▪ Exhibit 1: PSR Addendum 2

SECOND AMENDMENT

TO THE PARTICIPATING SPECIAL ENTITY AGREEMENT

Between

THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

and

CONTRA COSTA WATER DISTRICT

RECITALS

The Participating Special Entity Agreement between the East Contra Costa County Habitat

Conservancy (“Conservancy”) and Contra Costa Water District (“Participating Special Entity” or

“PSE”) was entered into September 5, 2019 (the “PSE Agreement”) and amended by the First

Amendment dated November 7, 2019. The PSE Agreement, as amended by the First Amendment,

is referred to herein as the “PSE Agreement”.

The PSE Agreement provides, in Section 10.4, that it may be amended with the written consent of

both parties.

The Conservancy and PSE wish to amend the terms of the PSE Agreement to reflect modifications

to the project to include an additional area to be covered under the Permits for the Los Vaqueros

Geotechnical Investigations project by way of this second amendment (the “Second

Amendment”).

AMENDMENT

A. The Conservancy and the PSE agree to amend the PSE Agreement as follows:

1. The attached PSR Addendum 2 is added to and incorporated within Exhibit 1.

2. Section 3.1 of the Agreement is amended as follows:

“Application” means the application submitted by the PSE in accordance with Chapter

8.4 of the HCP/NCCP, also referred to as the Planning Survey Report or PSR, and

includes the PSR Addendum and the PSR Addendum 2, which describes minor

modifications to the project description, and which is are attached hereto as Exhibit 1.

The Application contains a cover sheet, the results of required planning surveys and

Agenda Item 5b - Attachment

the avoidance, minimization and mitigation measures that will be a condition of the

PSE using Conservancy’s Permits.

6. Section 5.4 is amended as follows:

As set forth in the Application, PSE agrees to pay the Conservancy a one-time payment

of $25,129.86 $26,709.69 which amount includes all HCP/NCCP mitigation fees

necessary for the Project. The payment also includes an amount sufficient to implement

additional actions that will contribute to the recovery of endangered and threatened

species (“Contribution to Recovery”). The overall payment amount is the sum of the

following:

Temporary Impact Fee: $13,419.91 $14,675.40

Contribution to Recovery: $11,709.95 $12,034.29

As of December 5 November 7, 2019 the Participating Special Entity has submitted

payment for $21,263.45 $25,129.86 in accordance with the PSE Agreement. The

remaining payment amount for as amended by the First Amendment totals $3,866.42

Second Amendment totals $1,579.82. This remaining payment for under the First

Second Amendment must be paid in full prior to issuance of an updated Certificate of

Inclusion. Notwithstanding the above, the Parties acknowledge that the Conservancy

adjusts its fee schedule annually on March 15 of each year in accordance with the fee

adjustment provisions of Chapter 9.3.1 of the HCP/NCCP. If the PSE pays the

remaining payment amount under this First Second Amendment before March 15, 2020

2021 and construction of the Project commences before March 15, 2020 2021, the

amount due will be as stated above. If PSE pays on or after March 15, 2020 2021 or

construction of the Project as modified in the PSR Addendum and PSR Addendum 2

does not commence before March 15, 2020 2021, the amount due will be subject to

annual fee adjustments for all fees, and subject to annual adjustments of the

Contribution to Recovery based on the formula set forth in Chapter 9.3.1 for the

HCP/NCCP wetland mitigation fee. Based on these adjustments, if PSE pays before

March 15 of any year, but construction does not commence before March 15 of that

year, PSE will either be required to submit an additional payment for any increases or

be entitled to a refund without interest for any decreases.

B. This Second Amendment may be executed in counterparts.

C. All other terms and conditions of the PSE Agreement shall remain as originally agreed.

D. The Conservancy shall issue a Certificate of Inclusion pursuant to Section 6.1 of the PSE

Agreement that is revised to incorporate reference to this Second Amendment.

E. This Second Amendment shall take effect on the date after both of the following have

occurred:


1. The Conservancy has delivered written notice to PSE that the Conservancy has

received written concurrence from the Wildlife Agencies regarding the Second

Amendment in accordance with Section 6.1 of the PSE Agreement; and

2. The Conservancy and PSE have executed the Second Amendment.

IN WITNESS WHEREOF, the Conservancy and PSE hereto execute this Second Amendment.

THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

By: Date:

ABIGAIL FATEMAN, Executive Director

CONTRA COSTA WATER DISTRICT

By: Date:

JEFF QUIMBY, Assistant General Manager


Application Form and Planning Survey Report

To Comply With and Receive Permit Coverage Under The East Contra Costa County Habitat Conservation Plan

and Natural Community Conservation Plan Please complete this application to apply for take authorization under the state and federal East Contra Costa County HCP/NCCP incidental take permits. The East Contra Costa County Habitat Conservancy (“Conservancy”) or local jurisdiction (City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County) may request more information in order to deem the application complete.

I . PROJECT OVERVIEW

P ROJ ECT INFORMATION

PROJECT NAME: Los Vaqueros Geotechnical Investigations Addendum 2

PROJECT TYPE: Residential Commercial Transportation Utility Other

PROJECT DESCRIPTION (BRIEF): Geotechnical investigations to support the Division of Safety of Dams (DSOD) permitting process

PROJECT ADDRESS/LOCATION: Los Vaqueros Watershed right abutment of the dam, referred to as addendum 2 area.

PARCEL/PROJECT SIZE (ACRES): 0.43

PROJECT APN(S): 005010001, 3, 4, 5; 005020002, 3; 005030001, 2; 005100001, 2; 005110001, 3; 007170003

APPLICATION SUBMITTAL DATE: July 13, 2020 FINAL PSR DATE: (City/County/Conservancy use)

LEAD PLANNER:

JURISDICTION: City of Brentwood City of Clayton City of Oakley City of Pittsburg

Contra Costa County Participating Special Entity*

DEVELOPMENT FEE ZONE: Zone I Zone II Zone III Zone IV

See figure 9-1 of the HCP/NCCP at www.cocohcp.org for a generalized development fee zone map. Detailed development fee zone maps by jurisdiction are available from the jurisdiction.

P ROJ ECT AP PLICANT INFORMATION

APPLICANT’S NAME: Contra Costa Water District

AUTHORIZED AGENT’S NAME AND TITLE: Jennifer Johnson, Principal Planner

PHONE NO.: 925-688-8202 APPLICANT’S E-MAIL: [email protected]

MAILING ADDRESS: P.O. Box H20, Concord CA 94524

BIOLOG IST INFORMATION 1

BIOLOGICAL/ENVIRONMENTAL FIRM: Environmental Science Associates

CONTACT NAME AND TITLE: Brian Pittman, Certified Wildlife Biologist

PHONE NO.: 707-795-0915 CONTACT’S E-MAIL: [email protected]

MAILING ADDRESS: 1425 N. McDowell Boulevard, Suite 200 Petaluma, CA 94954

1 A USFWS/CDFW-approved biologist (project-specific) is required to conduct the surveys. Please submit biologist(s) approval request to the Conservancy.

*Participating Special Entities are organizations not subject to the authority of a local jurisdiction. Such organizations may include school districts, irrigation districts, transportation agencies, local park districts, geological hazard abatement districts, or other utilities or special districts that own land or provide public services.


II. PROJECT DETAILS

Please complete and/or provide the following attachments:

1) Project Description Attach as Attachment A: Project Description. Provide a detailed written description that concisely and completely describes the project and location. Include the following information:

• All activities proposed for the site or project, including roads utilized, construction staging areas, and the installation of underground facilities, to ensure the entire project is covered by the HCP/NCCP permit

• Proposed construction dates, including details on construction phases, if applicable • Reference a City/County application number for the project, if applicable • General Best Management Practices, if applicable • If the project will have temporary impacts, please provide a restoration plan describing how the site

will be restored to pre-project conditions, including revegetation seed mixes or plantings and timing

2) Project Vicinity Map Provide a project vicinity map. Attach as Figure 1 in Attachment B: Figures.

3) Project Site Plans Provide any project site plans for the project. Attach as Figure 2 in Attachment B: Figures.

4) CEQA Document

Indicate the status of CEQA documents prepared for the project. Provide additional comments below table if necessary.

Type of Document Status Date Completed

Initial Study

Notice of Preparation

Draft EIR

Final EIR

Notice of Categorical Exemption Completed July 13, 2020

Notice of Statutory Exemption

Other (describe)

III. EXISTING CONDITIONS AND IMPACTS


1) Field-Verified Land Cover Map2 Attach a field-verified land cover map in Attachment B: Figures and label as Figure 3. The map should contain all land cover types present on-site overlaid on aerial/satellite imagery. Map colors for the land cover types should conform to the HCP/NCCP (see Figure 3-3: Landcover in the Inventory Area for land cover type legend).

2) Photographs of the Project Site Attach representative photos of the project site in Attachment B: Figures and label as Figure 4. Please provide captions for each photo.

2 For PSEs and city or county public works projects, please also identify permanent and temporary impact areas by overlaying crosshatching (permanent impacts) and hatching (temporary impacts) on the land cover map.


3) Land Cover Types and Impacts and Supplemental Tables

• For all terrestrial land cover types please provide calculations to the nearest hundredth of an acre (0.01). For aquatic land cover types please provide calculations to the nearest thousandth of an acre (0.001).

• Permanent Impacts are broadly defined in the ECCC HCP/NCCP to include all areas removed from an undeveloped or habitat-providing state and includes land in the same parcel or project that is not developed, graded, physically altered, or directly affected in any way but is isolated from natural areas by the covered activity. Unless such undeveloped land is dedicated to the Preserve System or is a deed-restricted creek setback, the development mitigation fee will apply (if proposed, would require Conservancy approval).

• Temporary Impacts are broadly defined in the ECCC HCP/NCCP as any impact on vegetation or habitat that does not result in permanent habitat removal (i.e. vegetation can eventually recover).

• If wetland (riparian woodland/scrub, wetland, or aquatic) land cover types are present on the parcel but will not be impacted please discuss in the following section 4) Jurisdictional Wetlands and Waters. Wetland impact fees will only be charged if wetland features are impacted. However, development fees will apply to the entire parcel.

• Stream land cover type is considered a linear feature where impacts are calculated based on length impacted. The acreage within a stream, below Top of Bank (TOB), must be assigned to the adjacent land cover type(s). Insert area of impact to stream below TOB in parentheses after the Land Cover acreage number (e.g., Riparian Woodland/Scrub: 10 (0.036) – where 10 is the total impacted acreage including 0.036 acre, which is the acreage within stream TOB). Complete following supplemental Stream Feature Detail table to provide information for linear feet.

• Total Impacts acreage should be the total parcel acreage (development project) or project footprint acreage (rural infrastructure or utility project).

Table 1 - Addendum: Land Cover Types and Impacts

Land Cover Type Permanent

Impacts Temporary

Impacts

Grassland

Annual Grassland - Total 03 0.04

Alkali Grassland (Dam Core Borrow Area) 0 0

Ruderal 0 0

Shrubland

Chaparral and Scrub 0 0

Woodland

Oak Savannah 0 0

Oak Woodland 0 0

Riparian

Riparian Woodland/Scrub 0 0

Wetland

Permanent Wetland 0 0

Seasonal Wetland 0 0

Alkali Wetland 0 0

Aquatic

Aquatic (Reservoir/Open Water) 0 0

Developed (not counted toward Fees)

Urban 0 0.39

Aqueduct 0 0

Turf 0 0

Landfill 0 0

TOTAL IMPACTS 0 0.43

3 Under Addendum 1, overall impacts to the grassland habitat from the area created by the diameter of the drill (19.6 square inches per site at the Addendum and

Dam Shell Borrow Areas) will be reduced because 4 bores sited in grassland habitat at the Dam Shell Borrow Area are proposed to be removed from the program while only one bore is proposed to be added in grassland habitat in the addendum area. Under Addendum 2, overall impacts to the grassland habitat from the area created by the diameter of the drill (19.6 square inches per site at the Dam Area) will be increased by 19.6 square inches because 4 more bores sited in grassland habitat will be added to the program resulting in a net increase of one additional bore in grassland habitat.


Updated Table 1 - OVERALL PROJECT: Land Cover Types and Impacts

Land Cover Type Permanent

Impacts Temporary

Impacts

Grassland

Annual Grassland - Total 04 1.56

Alkali Grassland (Dam Core Borrow Area) 0 0.06

Ruderal 0 2.20

Shrubland

Chaparral and Scrub 0 0

Woodland

Oak Savannah 0 0

Oak Woodland 0 0

Riparian

Riparian Woodland/Scrub 0 0

Wetland

Permanent Wetland 0 0

Seasonal Wetland 0 0

Alkali Wetland 0 0

Aquatic

Aquatic (Reservoir/Open Water) 0 0

Developed (not counted toward Fees)

Urban 0 35.15

Aqueduct 0 0

Turf 0 0

Landfill 0 0

TOTAL IMPACTS 0 38.97

4 Under Addendum 1, overall impacts to the grassland habitat from the area created by the diameter of the drill (19.6 square inches per site at the Addendum and

Dam Shell Borrow Areas) will be reduced because 4 bores sited in grassland habitat at the Dam Shell Borrow Area are proposed to be removed from the program while only one bore is proposed to be added in grassland habitat in the addendum area. Under Addendum 2, overall impacts to the grassland habitat from the area created by the diameter of the drill (19.6 square inches per site at the Dam Area) will be increased by 19.6 square inches because 4 more bores sited in grassland habitat will be added to the program resulting in a net increase of one additional bore in grassland habitat.


Identify any uncommon vegetation and uncommon landscape features5: Supplemental to Table 1: Uncommon Vegetation and Landscape Features

Please provide details of impacts to stream features:

Stream Name: None

Watershed: N/A

Supplemental to Table 1: Stream Feature Detail7

5 These acreages are for Conservancy tracking purposes. Impacts to these uncommon vegetation and landscape features should be accounted for within the land cover types in Table 1 (e.g., x acres of purple needlegrass in this supplemental table should be accounted for within annual grassland in Table 1). 6 Insert amount/number, not acreage. Provide additional information on these features in Attachment A: Project Description. 7 Use more than 1 row as necessary to describe impacts to streams on site. 8 See glossary (Appendix A) for definition of stream type and order. 9 Stream length is measured along stream centerline, based on length of impact to any part of the stream channel, TOB to TOB.

Permanent

Impacts Temporary

Impacts

Uncommon Grassland Alliances

Purple Needlegrass Grassland 0 0

Blue Wildrye Grassland 0 0

Creeping Ryegrass Grassland 0 0

Wildflower Fields 0 0

Squirreltail Grassland 0 0

One-sided Bluegrass Grassland 0 0

Serpentine Bunchgrass Grassland 0 0

Saltgrass Grassland 0 0

Alkali Sacaton Bunchgrass Grassland 0 0

Other 0 0

Uncommon Landscape Features

Rock Outcrops 0 0

Caves 0 0

Springs and seeps 0 0

Scalds 0 0

Sand Deposits 0 0

Mines6 0 0

Buildings (bat roosts)3 0 0

Potential nest sites (trees or cliffs)3 0 0

Stream Width Stream Type8 Permanent Impacts

(linear feet)9 Temporary Impacts

(linear feet)7

≤ 25 feet wide > 25 feet wide

Perennial

Intermittent

Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order


Perennial Intermittent Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order


Perennial Intermittent Ephemeral, 3rd or higher order Ephemeral, 1st or 2nd order


4) Summary of Land Cover Types Please provide a written summary of descriptions for land cover types found on site including characteristic vegetation.

Grassland. Grassland habitat includes perennial and alkali grassland habitat and the much more extensive annual grassland vegetation. Grasslands are the most common habitat type in the project area, both within and outside the watershed, and often occur in association with Valley/foothill woodland habitat. Annual grasslands are often found in areas that have been grazed or were once croplands. This is the most common habitat type in the Los Vaqueros Watershed with habitat quality varying from disturbed ruderal vegetation to relatively intact communities. The most common species in this community include wild oats (Avena fatua), ripgut brome (Bromus diandrus), yellow star-thistle (Centaurea solstitialis), fescue (Vulpia myuros), filaree (Erodium sp.), and mustards (Brassica and Hirschfeldia spp.). Native wildflowers may also occur within the annual grassland community and may include fiddleneck (Amsinckia spp.), lupine (Lupinus spp.), popcorn flower (Plagiobothrys spp.), and California poppy (Eschscholzia californica), among many others. Grasslands in the project area support a substantial number of non-native invasive plant species including yellow star-thistle and medusahead (Taeniatherum caput-medusae). Many wildlife species use both native and non-native grasslands for refugia, nesting, and as foraging habitat. Reptiles commonly found in grasslands include the western fence lizard (Sceloporus occidentalis), common garter snake (Thamnophis sirtalis), and western rattlesnake (Crotalus viridis). Most project area grasslands also provide habitat for the California tiger salamander (Ambystoma californiense). Bird species that nest in project area grasslands include northern harrier (Circus cyaneus), burrowing owl, western meadowlark (Sturnella neglecta), and California horned lark (Eremophila alpestris).

5) Jurisdictional Wetlands and Waters

If wetlands and waters are present on the project site, project proponents must conduct a delineation of jurisdictional wetlands and waters. Jurisdictional wetlands and waters are defined on pages 1-18 and 1-19 of the ECCC HCP/NCCP as the following land cover types: permanent wetland, seasonal wetland, alkali wetland, aquatic, pond, slough/channel, and stream. It should be noted that these features differ for federal and state jurisdictions. If you have identified any of these land cover types in Table 1, complete the section below.

a) Attach the wetland delineation report as Attachment E: Wetland Delineation. If a wetland delineation

has not been completed, please explain below in section 4c.

b) Please check the following permits the project may require. Please submit copies of these permits to the Conservancy prior to the start of construction:

CWA Section 404 Permit10 CWA Section 401 Water Quality Certification

Waste Discharge Requirements Lake and Streambed Alteration Agreement

N/A

c) Provide any additional information on impacts to jurisdictional wetland and waters below, including status of the permit(s):

On August 6, 2018, Environmental Science Associate biologist conducted a wetland delineation of the areas potentially affected by geotechnical activities at the Dam. No jurisdictional wetland or waters were identified.

6) Species-Specific Planning Survey Requirements Based on the land cover types found on-site and identified in Table 1, check the applicable boxes in Table 2a.

10 The USACE Sacramento District issued a Regional General Permit 1 (RGP) related to ECCC HCP/NCCP covered activities. The RGP is designed to streamline wetland

permitting in the entire ECCC HCP/NCCP Plan Area by coordinating the avoidance, minimization, and mitigation measures in the Plan with the Corps’ wetland permitting requirement. Applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification).


The District manages the Watershed with a group of dedicated resource specialists subject to several existing permits and plans including the Programmatic Biological Opinion on the Los Vaqueros Watershed Long-Term Operations and Maintenance Program and Resource Management Plan. As part of the management of the Watershed, the District is required to conduct on-going surveys and meet reporting requirements. Based on the deep understanding of the Watershed and the years of data gathered to support management and reporting requirements, the District is keenly aware of the species that could be present/impacted by implementation of the geotechnical project, specifically migrating California red-legged frog and California tiger salamander, but no breeding habitat. No other species are known to occur within the project area and have the potential to be impacted by project activities. Since the Watershed is dominated by Grassland habitat, information specific to San Joaquin kit fox and burrowing owls is provided. San Joaquin kit fox are not known to occupy the Watershed and burrowing owls are not known to occupy the project area. Regarding golden eagles, in 2011, the District prepared a Golden Eagle Protection Plan (GEPP) to guide management in the Watershed (ESA 2011). While there are historic records that show various nest sites within the Watershed, as part of the GEPP, the District conducts yearly surveys and reporting. Based on the current survey data, there are no known active nest sites within 0.5 mile of proposed geotechnical activities. Due to the abundant of information that is readily available about the project area, the District is not proposing to do specific planning surveys for species as part of this application package. As required under the HCP, the District will conduct preconstruction surveys and avoid any direct impacts to species/species habitat (i.e., occupied burrows, etc.).

Table 2a. Species –Specific Planning Survey Requirements

Land Cover Type in Project Area

Required Survey Species Habitat Element in Project Area Planning Survey Requirement11 Info in HCP

Grasslands, oak savannah, agriculture, or ruderal

San Joaquin kit fox Assumed if within modeled range of species

If within modeled range of species, identify and map potential breeding or denning habitat within the project site and a 250-ft radius around the project footprint.

pp. 6-37 to 6-38

Western burrowing owl

Assumed Identify and map potential breeding habitat within the project site and a 500-ft radius around the project footprint. Please note the HCP requires buffers for occupied burrows. Surveys may need to encompass an area larger than the project footprint.

pp. 6-39 to 6-41

Aquatic (ponds, wetlands, streams, sloughs, channels, and marshes)

Giant garter snake Aquatic habitat accessible from the San Joaquin River

Identify and map potential habitat. pp. 6-43 to 6-45

California tiger salamander

Ponds and wetlands Vernal pools Reservoirs Small lakes

Identify and map potential breeding habitat. Document habitat quality and features. Provide the Conservancy with photo-documentation and report.

pp. 6-45

California red-legged frog

Slow-moving streams, ponds and wetlands

Identify and map potential breeding habitat. Document habitat quality and features. Provide the Conservancy with photo-documentation and report.

p. 6-46

Covered shrimp Seasonal wetlands Vernal pools Sandstone rock outcrops Sandstone depressions

Identify and map potential habitat. Please note the HCP requires a 50 foot non-disturbance buffer from seasonal wetlands that may be occupied by covered shrimp. Surveys may need to encompass an area larger than the project footprint.

pp. 6-46 to 6-48

11 The planning survey requirements in this table are not comprehensive. Please refer to Chapter 6.4.3 in the ECCC HCP/NCCP for more detail.


Any Townsend’s big-eared bat

Rock formations with caves Mines Abandoned buildings outside urban area

Map and document potential breeding or roosting habitat.

pp. 6-36 to 6-37

Swainson’s hawk Potential nest sites within 1,000 feet of project

Inspect large trees for presence of nest sites. Document and map.

pp. 6-41 to 6-43

Golden Eagle Potential nest sites with ½ mile of project

Inspect large trees for presence of nest sites. Document and map.

pp. 6-38 to 6-39

Surveys for all covered species must be conducted by a qualified biologist (USFWS/CDFW project-specific approved). Please submit biologist approval request to the East Contra Costa County Habitat Conservancy. Surveys for all covered species must be conducted according to the respective USFWS or CDFW survey protocols, as identified in Chapter 6.4.3 in the HCP/NCCP.

7) Planning Survey Species Habitat Maps

Provide Planning Survey Species Habitat Maps as required in Table 2a, attach as Figure 5 in Attachment B: Figures.

See 8, below


8) Results of Species Specific Surveys Provide a written summary describing the results of the planning surveys. Please discuss the location, quantity, and quality of suitable habitat for specified covered wildlife species on the project site.

San Joaquin Kit Fox Core habitat for San Joaquin kit fox is defined as a 200-foot buffer around all activities within grasslands. HCP/NCCP land cover types suitable for San Joaquin kit fox breeding habitat include annual and alkali grasslands, ruderal, oak savannah; land cover types providing foraging and movement habitats include annual and alkali grasslands, ruderal, oak savannah, seasonal wetlands, and cultivated agriculture (HCP/NCCP Table 3-9). The grassland community, encompassing approximately 12,800 acres is most abundant and serves as a core vegetation community in the Watershed. All investigations are proposed within grassland habitat including the understory of oak woodland land cover type. Minor ground disturbing activities associated with boring would affect grassland habitat. Given that these activities at the addendum area combined with work already approved under the original permit and addendum 1, would be distributed throughout the watershed and activities are limited in duration, activities would not adversely affect the grassland habitat because impacts would be small and widely distributed relative to available habitat. San Joaquin kit fox have not been confirmed in the Watershed for over 20 years, and the west side movement corridor for kit fox was eliminated (and fully mitigated) with the 160 TAF Reservoir Expansion project. However, if San Joaquin kit fox are in the Watershed, they could be injured or killed by vehicle strikes, through inadvertent crushing or entombment in collapsed dens or burrows, or entrapment in open holes and trenches. If present, kit foxes could be subject to harassment resulting from increased levels of human disturbance and vehicle use during activities and could become displaced into adjacent areas where they could experience increased vulnerability to predation, exposure, starvation, or stress through disorientation, loss of shelter, and intra- and inter-specific competition. No indirect impacts would occur. Western Burrowing Owl HCP/NCCP land cover types providing suitable breeding and foraging habitat include annual and alkali grasslands, ruderal, seasonal wetlands, and cultivated agriculture (HCP/NCCP Table 3-9). The Contra Costa Breeding Bird Atlas (2005) confirms owl breeding within and just to the east of the watershed, but not near the reservoir. Surveys conducted before the reservoir’s development documented up to 10 pairs of owls within the watershed (Jones and Stokes, 1989). These occurrences were mostly in the eastern portion of the watershed with a few occurrences from the southern watershed and several in the northern end of the watershed (nesting status unknown). Burrowing owls have been casually observed in non-project portions of the watershed by project biologists and watershed staff, but their distribution is not specifically tracked. Occurrences are generally 1 to 2 miles from the inundation zone. In preparation of construction and staging of the 160 TAF reservoir in 2011, ESA biologists implemented CDFW-recommended burrowing owl survey guidance to evaluate burrowing owl presence near work areas coincident with the entirety of the Dam Area. Consistent with CDFW survey guidance, ESA biologists performed multiple preliminary non-breeding season surveys in 2010 and protocol-level surveys in 2011. No burrowing owl activity was found during these surveys. While preconstruction surveys will be conducted; based on the ranges of the species and past surveys, the likelihood of detecting an occupied burrow is extremely low.

9) Covered and No-Take Plants Please check the applicable boxes in Table 2b based on the land cover types found in the project area. If suitable land cover types are present on site, surveys must be conducted using approved CDFW/USFWS methods during the appropriate season for identification of covered and no-take species (see page 6-9 of the ECCC HCP/NCCP). Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. In order to complete all the necessary covered and no-take plant surveys, spring, summer, and fall surveys may be required.


Table 2b. Covered and No-Take Plant Species

Plant Species

Covered (C) or No-Take (N)

Associated Land Cover Type

Typical Habitat or Physical Conditions, if Known

Typical Blooming Period

Suitable Land Cover Type Present

Adobe navarretia (Navarretia nigelliformis ssp. radians) a

C Annual Grassland Generally found on clay barrens in Annual Grassland b

Apr–Jun Yes No

Alkali milkvetch (Astragalus tener ssp. tener)

N Alkali grassland Alkali wetland Annual grassland Seasonal wetland

Generally found in vernally moist habitat in soils with a slight to strongly elevated pH

Mar–Jun Yes No

Big tarplant (Blepharizonia plumosa)

C Annual grassland Elevation below 1500 feet d most often on Altamont Series or Complex soils

Jul–Oct Yes No

Brewer’s dwarf flax (Hesperolinon breweri)

C Annual grassland Chaparral and scrub Oak savanna Oak woodland

Generally, restricted to grassland areas within a 500+ buffer from oak woodland and/or chaparral/scrub d

May–Jul Yes No

Brittlescale (Atriplex depressa)

C Alkali grassland Alkali wetland

Restricted to soils of the Pescadero or Solano soil series; generally found in southeastern region of plan area d

May–Oct Yes No

Caper-fruited tropidocarpum (Tropidocarpum capparideum)

N Alkali grassland Mar–Apr Yes No

Contra Costa goldfields (Lasthenia conjugens)

N Alkali grassland Alkali wetland Annual grassland Seasonal wetland

Generally found in vernal pools Mar–Jun Yes No

Diablo Helianthella (Helianthella castanea)

C Chaparral and scrub Oak savanna Oak woodland

Elevations generally above 650 feet d Mar–Jun Yes No

Diamond-petaled poppy (Eschscholzia rhombipetala)

N Annual grassland Mar–Apr Yes No

Large-flowered fiddleneck (Amsinckia grandiflora)

N Annual grassland Generally on clay soil Apr–May Yes No

Mount Diablo buckwheat (Eriogonum truncatum)

N Annual grassland Chaparral and scrub

Ecotone of grassland and chaparral/scrub Apr–Sep Yes No

Mount Diablo fairy-lantern (Calochortus pulchellus)

C Annual grassland Chaparral and scrub Oak savanna Oak woodland

Elevations generally between 650 and 2,600d

Apr–Jun Yes No

Mount Diablo Manzanita (Arctostaphylos auriculata)

C Chaparral and scrub Elevations generally between 700 and 1,860 feet; restricted to the eastern and northern flanks of Mt. Diablo d and the vicinity of Black Diamond Mines

Jan–Mar Yes No

Recurved larkspur (Delphinium recurvatum)

C Alkali grassland

Alkali wetland

Mar–Jun Yes No

Round-leaved filaree (California macrophylla) c

C Annual grassland

Mar–May Yes No

San Joaquin spearscale (Extriplex joaquiniana) e

C Alkali grassland Alkali wetland

Apr–Oct Yes No

Showy madia (Madia radiata)

C Annual grassland Oak savanna Oak woodland

Primarily occupies open grassland or grassland on edge of oak woodland

Mar–May Yes No

a The species Navarretia nigelliformis subsp. nigelliformis is no longer considered to occur within Contra Costa County based on specimen annotations at the UC and Jepson Herbaria at the University of California Berkeley as well as the opinions of experts in the genus. This taxon is now recognized as Navarretia nigelliformis subsp. radians. Any subspecies of Navarretia nigelliformis encountered as a part of botanical surveys in support of a PSR should be considered as covered under this HCP/NCCP. b Habitat for the Navarretia nigelliformis subspecies that occurs within the inventory are is inaccurately described in the HCP/NCCP as vernal pools. The entity within the Inventory generally occupies clay barrens within Annual Grassland habitat, which is an upland habitat type. c From California Native Plant Society. 2007. Inventory of Rare and Endangered Plants (online edition, v7-07d). Sacramento, CA. Species may be identifiable outside of the typical blooming period; a professional botanist shall determine if a covered or no take plant occurs on the project site. Reference population of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant is visible and detectable at the time surveys are conducted. d See Species Profiles in Appendix D of the Final HCP/NCCP. Reference populations of covered and no-take plants should be visited, where possible, prior to conducting surveys to confirm that the plant species is visible and detectable at the time surveys are conducted. e In the recent update to the Jepson eflora (JFP 2013) Atriplex joaquinana has been circumscribed and segregated into a new genus called Extriplex based on the work of Elizabeth Zacharias and Bruce Baldwin (2010). The etymology of the genus Extriplex means, “beyond or outside Atriplex”.


10) Results of Covered and No-Take Plant Species Provide a written summary describing the results of the planning surveys conducted as required in Table 2b. Describe the methods used to survey the site for all covered and no-take plants, including the dates and times of all surveys conducted (see Tables 3-8 and 6-5 of the ECCC HCP/NCCP for covered and no-take plants), including reference populations visited prior to conducting surveys.

If any covered or no-take plant species were found, include the following information in the results summary:

• Description and number of occurrences and their rough population size. • Description of the “health” of each occurrence, as defined on pages 5-49 and 5-50 of the HCP/NCCP. • A map of all the occurrences. • Justification of surveying time window, if outside of the plant’s blooming period. • The CNDDB form(s) submitted to CDFW (if this is a new occurrence). • A description of the anticipated impacts that the covered activity will have on the occurrence and how

the project will avoid impacts to all covered and no-take plant species. If impacts to covered plant species cannot be avoided and plants will be removed by covered activity, the Conservancy must be notified and has the option to salvage the covered plants. All projects must demonstrate avoidance of all six no-take plants (see table 6-5 of the HCP/NCCP).

In February 2010, Environmental Science Associates prepared a Draft Environmental Impact Report/Environmental Impact Statement which included detailed information regarding special-status plant species (See Appendix D, https://www.ccwater.com/DocumentCenter/View/3298/Appendix-D---Plant-Communities). In May 2019 Environmental Science Associates prepared a special status plant survey report, to support a Supplemental EIR/EIS. The regional species list included 54 and 77 special-status plants, respectively, with the potential to occur in the regional project vicinity.12 In each report each species’ habitat requirements were compared to available habitats in the study area for project components, including the 275 TAF inundation zone which includes/is adjacent to the addendum area. This review of habitat requirements, focused botanical survey conducted in 2004, 2005, 2007, 2008, and 2018, and database records identified 2 special-status plant species that could potentially occur or are known to occur in the vicinity of the reservoir. Several special-status plants species were eliminated from further consideration because typical habitat required by the species does not occur in the Watershed, and/or focused surveys provided further evidence that it would be unlikely for the species to occur in the area of potential project impact (see Table 2c). Given that the Watershed is managed to maintain its natural habitat, reliance on these data to determine if the addendum area provides suitable habitat for these species is valid. See below for more information on the 2 special-status plant species that are present/have a low potential to occur within the vicinity of the reservoir. Table 2c. Special-Status Species Known from The Regional Project Vicinity and Analyzed for the Project

Common Name Scientific Name

General Habitat Potential for Species Occurrence in the Vicinity of the Reservoir

Alkali milkvetch (Astragalus tener ssp. tener)

In poor draining low ground of alkali playa, grasslands and vernal pools; usually in dry adobe soil

Absent based on focused botanical survey findings.

Big tarplant (Blepharizonia plumosa)

In annual grasslands of dry hills and plains; soils are clay to clay-loam; often found in burned areas and usually on slopes

Absent. Not identified during focused botanical surveys.

Brewer’s dwarf flax (Hesperolinon breweri)

Transition between annual grassland and mixed chaparral; also near woodlands

Present. Portions of one population occur in the vicinity of the reservoir.

Brittlescale (Atriplex depressa)

Alkaline or clay grasslands, chenopod scrub, and playas; occasionally in riparian areas, marshes, or vernal pools

Absent in the vicinity of the reservoir.

Caper-fruited tropidocarpum (Tropidocarpum capparideum)

Grasslands in alkaline hills Absent. Not identified during focused botanical surveys.

Contra Costa goldfields (Lasthenia conjugens)

Vernal pools and seasonal wetlands in grassland and woodland

Absent based on focused botanical survey findings.

Diamond-petaled poppy (Eschscholzia rhombipetala)

On grassland slopes and flats; substrate clay and alkaline Absent. Not identified during focused botanical surveys.

12 The regional species list for both the 2010 EIR/EIS and 2017 Supplement did not include Adobe navarretia (Navarretia nigelliformis ssp. radians).


Large-flowered fiddleneck (Amsinckia grandiflora)

The species is restricted to steep slopes ranging from 900 to 1,800 feet in elevation in valley grasslands that are typically bordered by blue oak woodland and coastal sage scrub communities


Mount Diablo buckwheat (Eriogonum truncatum)

Chaparral; coastal scrub; valley and foothill grassland in sandy soil


Mount Diablo fairy-lantern (Calochortus pulchellus)

Wooded or brushy hillsides, tends toward northern exposure

Low. Not present in study area

Recurved larkspur (Delphinium recurvatum)

On alkaline soils mostly in saltbush scrub and chenopod scrub but also grasslands and woodland


Round-leaved filaree (California macrophylla)

Cismontane woodland; valley and foothill grassland in clay soil


San Joaquin spearscale (Extriplex joaquiniana)

Alkaline seasonal wetlands and sinks in grasslands, chenopod scrub, and alkali meadows


Showy madia (Madia radiata)

Valley and foothill grasslands, cismontane woodlands, and chenopod scrub


Brewer's dwarf-flax (=western flax) (Hesperolinon breweri)

Brewer’s dwarf flax occurs on serpentine, sandstone, and volcanic soils in chaparral, woodlands, and valley foothill grasslands between 100- and 2,300-feet elevation (CNPS, 2008; ECCCHPA, 2006). The species is generally found on slopes in areas with low growing vegetation and in association with toyon, manzanita, chamise, foothill pine, buckbrush, scrub oak, sticky monkeyflower, yarrow, Mt. Diablo fairy lantern (Calochortus pulchellus), purple needlegrass, and slender wild oats (CDFG, 2008). Multiple records for this species are documented in and near the Watershed. One occurrence was reported in the southern portion of Round Valley in 1987 with greater than 1,000 individuals. The other five occurrences were found during surveys of the Watershed conducted in 1988. One of these occurrences was found along Vasco Road (about 0.25 mile north of the reservoir) and had about 4,500 individuals. The other four were off Morgan Territory Road at distances ranging from 0.8 to 1.8 mile with a total of about 4,375 individuals (CDFG, 2008). This species was observed during special-status plant surveys conducted for this project in six distinct populations totaling about 1,850 individuals (ESA, 2004). Population sizes range from 100 to 500 plants. All populations are west or south of the reservoir within oak woodlands (five populations) or grasslands (one population) and on north- and northeast-facing slopes. Typical associates include blue oak, buckeye, yarrow, and along ecotones with open grasslands or dense chaparral within the oak woodlands (Jones and Stokes Associates, Inc., 1988). These populations are important as they are not growing on serpentinite substrate, which is typical of the species (CNPS, 2008). One population identified by CDFG is within the inundation boundary and westside access road alignment, and two mapped populations are known to occur within 150 feet of the westside access road (CDFG, 2008). Another population observed during field surveys consists of about 200 plants that would be inundated by the project. A population of about 85 individuals observed during rare plant surveys lies 350 feet west of the proposed westside access road, near the southern tip of the reservoir (ESA, 2004). In total, the species has up to eight known occurrences in the vicinity of the Los Vaqueros Watershed (CDFG, 2008). Since populations are generally west or south of the reservoir, and the addendum area is north of the reservoir, it is unlikely that Brewer’s dwarf flax is present in the addendum area.

Mt. Diablo fairy lantern (Calochortus pulchellus)

Mt. Diablo fairy-lantern occurs in chaparral, cismontane woodland, riparian woodland, and valley and foothill grassland at elevations ranging from 650 to 2,600 feet (CNPS, 2008). It is typically found on wooded or brushy slopes


in association with oaks, foothill pine, common manzanita, chamise, California buckeye, poison oak, California bay laurel (Umbellularia californica), Diablo helianthella, baby blue eyes (Nemophilla heterophylla), blue-eyed grass (Sisyrinchium bellum), shooting-stars (Dodecatheon spp.), California goldfields (Lasthenia californica), and Torrey melic (Melica torreyana) (CDFG, 2008; ECCHPA, 2006). Mt. Diablo fairy-lantern has two reported occurrences in the Los Vaqueros Watershed – about 0.6 and 1.8 miles from the inundation boundary (CDFG, 2008). Ten plants were found in 1991 in the southwest section of Round Valley, and the other occurrence was reported in 1935 about 10 miles north of Livermore on Morgan Territory Road and has not been surveyed for since. This species was observed in two distinct populations totaling about 105 individuals during special- status plant surveys conducted by ESA in 2007. Both populations are west of and south of the reservoir, along oak woodland-chaparral ecotones. One of these populations is within 180 feet of the inundation boundary and 80 feet from the westside access road; another population is within 390 feet of the inundation boundary and a picnic area, and within 350 feet of the westside access road. Since populations are generally west or south of the reservoir, and the addendum area is north of the reservoir, it is unlikely that Mt. Diablo fairy-lantern is present in the addendum area.

Conclusion

Based on the above, the addendum 2 area is not likely to support covered or no-take plant species; therefore, no surveys are required.


IV. SPECIES-SPECIFIC AVOIDANCE AND MINIMIZATION REQUIREMENTS


1) Species-Specific Avoidance and Minimization for Selected Covered Wildlife Complete the following table and check the applicable box for covered species determined by the planning surveys. Table 3. Summary of Applicable Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring Requirements13

Species Preconstruction Survey Requirements

Avoidance and Minimization Requirements

Construction Monitoring Required Info in HCP

San Joaquin kit fox

• On project footprint and 250-ft radius, map all dens (>5 in. diameter) and determine status

• Provide written survey results to USFWS within 5 working days after surveying

• Monitor dens

• Destroy unoccupied dens

• Discourage use of occupied (non-natal) dens

• Establish exclusion zones ( >50 ft for potential dens, and >100 ft for known dens)

• Notify USFWS of occupied natal dens

pp. 6-37 to 6-38

Western burrowing owl

• On project footprint and 500-ft radius, identify and map all owls and burrows, and determine status

• Document use of habitat (e.g. breeding, foraging)

• Avoid occupied nests during breeding season (Feb-Sep)

• Avoid occupied burrows during nonbreeding season (Sep – Feb)

• Install one-way doors in occupied burrow (if avoidance not possible)

• Monitor burrows with doors installed

• Establish buffer zones (250 ft around nests)

• Establish buffer zones (160 ft around burrows)

pp. 6-39 to 6-41

Giant garter snake

• Delineate aquatic habitat up to 200 ft from water’s edge on each side

• Document any occurrences

• Limit construction to Oct-May

• Dewater habitat April 15 – Sep 30 prior to construction

• Minimize clearing for construction

• Delineate 200 ft buffer around potential habitat near construction

• Provide field report on monitoring efforts

• Stop construction activities if snake is encountered; allow snake to passively relocate

• Remove temporary fill or debris from construction site

• Mandatory training for construction personnel

pp. 6-43 to 6-45

California tiger salamander

• Provide written notification to USFWS and CDFW regarding timing of construction and likelihood of occurrence on site

• Allow agency staff to translocate species, if requested

• None p. 6-45

California red-legged frog

• Provide written notification to USFWS and CDFW regarding timing of construction and likelihood of occurrence on site

• Allow agency staff to translocate species, if requested

• None p. 6-46

Covered shrimp

• Establish presence/absence

• Document and evaluate use of all habitat features (e.g. vernal pools, rock outcrops)

• Establish buffer near construction activities

• Prohibit incompatible activities

• Establish buffer around outer edge of all hydric vegetation associated with habitat (50 ft or immediate watershed, whichever is larger)

• Mandatory training for construction personnel

pp. 6-46 to 6-48

Townsend’s big-eared bat

• Establish presence/absence

• Determine if potential sites were recently occupied (guano)

• Seal hibernacula before Nov

• Seal nursery sites before April

• Delay construction near occupied sites until hibernation or nursery seasons are over

• None pp. 6-36 to 6-37

Swainson’s hawk

• Determine whether potential nests are occupied

• No construction within 1,000 ft of occupied nests within breeding season (March 15 - Sep 15)

• If necessary, remove active nest tree after nesting season to prevent occupancy in second year.

• Establish 1,000 ft buffer around active nest and monitor compliance (no activity within established buffer)

pp. 6-41 to 6-43

Golden Eagle

• Establish presence/absence of nesting eagles

• No construction within ½ mile near active nests (most activity late Jan – Aug)

• Establish ½ mile buffer around active nest and monitor compliance with buffer

pp. 6-38 to 6-39

13 The requirements in this table are not comprehensive; they are detailed in the next section on the following page.


2) Required Preconstruction Surveys, Avoidance and Minimization, and Construction Monitoring All preconstruction surveys shall be conducted in accordance with the requirements set forth in Section 6.4.3, Species-Level Measures, and Table 6-1 of the ECCC HCP/NCCP. Detailed descriptions of preconstruction surveys, avoidance and minimization, and construction monitoring applicable to each of the wildlife species in Table 3 are located below. Please remove the species-specific measures that do not apply to your project (highlight entire section and delete). SAN JOAQUIN KIT FOX Preconstruction Surveys

Prior to any ground disturbance related to covered activities, a USFWS/CDFW– approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys will establish the presence or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service 1999). Preconstruction surveys will be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 250-foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens will be determined and mapped. Written results of preconstruction surveys will be submitted to USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities.

If San Joaquin kit foxes and/or suitable dens are identified in the survey area, the measures described below will be implemented. Avoidance and Minimization Requirements

• If a San Joaquin kit fox den is discovered in the proposed development footprint, the den will be monitored for 3 days by a USFWS/CDFW– approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.

• Unoccupied dens should be destroyed immediately to prevent subsequent use.

• If a natal or pupping den is found, USFWS and CDFW will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW.

• If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

Construction Monitoring

If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances will be demarcated. The configuration of exclusion zones should be circular, with a radius measured outward from the den entrance(s). No covered activities will occur within the exclusion zones. Exclusion zone radii for potential dens will be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens will be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox.


WESTERN BURROWING OWL Preconstruction Surveys

Prior to any ground disturbance related to covered activities, a USFWS/CDFW- approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (California Department of Fish and Game 1995).

On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted. Avoidance and Minimization and Construction Monitoring

This measure incorporates avoidance and minimization guidelines from CDFW’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995).

If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non-disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below).

During the breeding season, buffer zones of at least 250 feet in which no construction activities can occur will be established around each occupied burrow (nest site). Buffer zones of 160 feet will be established around each burrow being used during the nonbreeding season. The buffers will be delineated by highly visible, temporary construction fencing.

If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing one-way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow.

Notes of Pre-construction Surveys Based on the requirements and areas where impacts may occur, the District’s team plans to survey the work areas requiring helicopter access collocated with grassland habitat. The District does not plan to survey paved areas since this existing infrastructure is actively used within the Watershed and is not expected to support dens/burrows associated with these species.


3) Construction Monitoring Plan Before implementing a covered activity, the applicant will develop and submit a construction monitoring plan to the planning department of the local land use jurisdiction and the East Contra Costa County Habitat Conservancy for review and approval. Elements of a brief construction monitoring plan will include the following:

• Results of planning and preconstruction surveys.14 • Description of avoidance and minimization measures to be implemented, including a description of

project-specific refinements to the measures or additional measures not included in the HCP/NCCP. • Description of monitoring activities, including monitoring frequency and duration, and specific

activities to be monitored. • Description of the onsite authority of the construction monitor to modify implementation of the

activity.

Check box to acknowledge this requirement.

14 If the preconstruction surveys do not trigger construction monitoring, results of preconstruction surveys should still be submitted to the local jurisdiction and the

East Contra Costa County Habitat Conservancy.


V. SPECIFIC CONDITIONS ON COVERED ACTIVITIES

1) Check off the HCP conservation measures that apply to the project.

APPLIES TO ALL PROJECTS

Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds. This conservation measure applies to all projects. All projects will avoid all impacts on extremely rare plants and fully protected species listed in Table 6-5 of the ECCC HCP/NCCP. See HCP pp. 6-23 to 6-25, and Table 6-5.

APPLIES TO PROJECTS THAT IMPACT COVERED PLANT SPECIES

Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable. This condition applies to projects that cannot avoid impacts on covered plants and help protect covered plants by prescribing salvage whenever avoidance of impacts is not feasible. Project proponents wishing to remove populations of covered plants must notify the Conservancy of their construction schedule to allow the Conservancy the option of salvaging the populations. See HCP pp. 6-48 to 6-50.

APPLIES TO PROJECTS THAT INCLUDE ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS

Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization. All projects will implement measures described in the HCP to avoid and minimize impacts on wetlands, ponds, streams, and riparian woodland/scrub. See HCP pp. 6-33 to 6-35.

APPLIES TO NEW DEVELOPMENT PROJECTS

Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion. All new development must avoid or minimize direct and indirect impacts on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2-2003-0022; permit no. CAS002912). The overall goal of this measure is to ensure that new development covered under the HCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. See HCP pp. 6-21 to 6-22.

APPLIES TO NEW DEVELOPMENT PROJECTS THAT INCLUDE OR ARE ADJACENT TO STREAMS, PONDS, OR WETLANDS

Conservation Measure 1.7. Establish Stream Setbacks. A stream setback will be applied to all development projects covered by the HCP according to the stream types listed in Table 6-2 of the HCP. See HCP pp. 6-15 to 6-18 and Table 6-2.

APPLIES TO NEW DEVELOPMENT PROJECTS ADJACENT TO EXISTING PUBLIC OPEN SPACE, HCP PRESERVES, OR LIKELY HCP ACQUISITION SITES

Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space. Project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP Preserve System. Land set aside that contributes to the HCP biological goals and objectives may be credited against development fees. See HCP pages 6-14 to 6-15.

Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property. Buffer zones will provide a buffer between development and wildlands that allows adequate fuel management to minimize the risk of wildlife damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. See HCP pages 6-18 to 6-19.

Conservation Measure 1.9. Incorporate Urban-Wildlife Interface Design Elements. These projects will incorporate design elements at the urban-wildlife interface to minimize the indirect impacts of development on the adjacent preserve. See HCP pp. 6-20 to 6-21.

APPLIES TO ROAD MAINTENANCE PROJECTS OUTSIDE THE UDA

Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance. Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-25 to 6-26.

APPLIES TO NEW ROADS OR ROAD IMPROVEMENTS OUTSIDE THE UDA

Conservation Measure 1.14. Design Requirements for Covered Roads Outside the Urban Development Area (UDA). New roads or road improvements outside the UDA have impacts on many covered species far beyond the direct impacts of their project footprints. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects will adopt siting, design, and construction requirements described in the HCP and listed in Table 6-6. See HCP pp. 6-27 to 6-33 and Table 6-6.

APPLIES TO FLOOD CONTROL MAINTENANCE ACTIVITIES

Conservation Measure 1.13. Implement Best Management Practices for Flood Control Facility Maintenance. Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, BMPs described in the HCP will be used where appropriate and feasible. See HCP pp. 6-26 to 6-27.


2) For all checked conservation measures, describe how the project will comply with each measure. Attach as Attachment C: Project Compliance to HCP Conditions.

VI. MITIGATION MEASURES

1) Mitigation Fee Calculator(s) Complete and attach the fee calculator (use permanent and/or temporary impact fee calculator as appropriate), and attach as Attachment D: Fee Calculator(s).

2) Briefly describe the amount of fees to be paid and when applicant plans to submit payment.

Permanent impacts are limited to areas of concrete back-filled bore holes, increased by 0.000003 acre. Mitigation fees for permanent impacts total $0.00.

Temporary impacts subject to mitigation fees include use of four work areas (0.04 acre). Due to the unknown indirect impacts from helicopter use, mitigation fees for the helicopter work area will be calculated based on the permanent fee rate. Total net acres subject to the permanent impact fee rate is 0.04 acre, due to these being helicopter bore work.

Original Proposed + Addendum 1- Temporary Impacts to Natural Land Cover (Fees Apply)

Site Work Area Helicopter

Work Area Access Road (dirt)

Access Road (overland) Total

Dam Area 0.11 0.03 0.37 0.06 0.57

Dam Core Borrow Area 0.20 - 0.32 0.69 1.21

Dam Shell Borrow Area 0.10 - - 0.39 0.49

Addendum Area 0.09 1.39 0.05 1.53

Total 0.50 0.03 2.07 1.18 3.7815

Updated - Temporary Impacts to Natural Land Cover (Fees Apply)

Site Work Area Helicopter Work Area

Access Road (dirt)

Access Road (overland) Total

Dam Area 0.11 0.07 0.37 0.06 0.61

Dam Core Borrow Area 0.20 - 0.32 0.69 1.21

Dam Shell Borrow Area 0.10 - - 0.39 0.49

Addendum 1 Area 0.09 1.39 0.05 1.53

Total 0.50 0.07 2.07 1.18 3.82

*Total addendum area adds 0.43 acre to the original + addendum 1 area of 38.54 acre for a total of 38.97 acre. Project areas on urban land cover type associated with the addendum 2 area includes an increased paved staging area (0.39 ac) and are not charged a mitigation fee. **Totals may have slight differences due to rounding issues.

The original proposed project + addendum 1’s development fees totaled $13,419.91 with a Contribution to Recovery fee of $11,709.95, with a total mitigation fee payment of $25,129.86. Total development fees of the amended project totals $14,675.40, with Contribution to Recovery fee of $12,034.29. This amounts to a total mitigation payment of $26,709.69.

15 This number was originally rounded to 3.8, the value to two decimal places is 3.78.


The District has already submitted a payment of $25,129.86. The total amount of fees for the addendum 2 will be

$1,579.82. The District will submit the payment to the Conservancy before project implementation to receive take

coverage.


ATTACHMENT A: PROJECT DESCRIPTION


Overview The Contra Costa Water District (District), to support the Division of Safety of Dam’s (DSOD) permitting

process associated with the Phase 2 Los Vaqueros Reservoir Expansion Project, proposes to implement

focused geotechnical investigations based on feedback from DSOD and the District’s Technical Review Board

for the design of the dam for the Phase 2 Expansion. These investigations will occur within the boundaries of

the Los Vaqueros Watershed (Watershed) in a subarea of the currently permitted investigations in the

vicinity of the proposed raised dam. Figure 1 depicts the proposed area where investigation will occur with

more detailed information provided below. The current program has been refined to 1) understand the

properties of the bedrock on the right abutment (i.e., open vertical bedrock joints and bedding-parallel shear

zones).

Figure 1. Focused Geotechnical Investigation Area


The project proposes a total of up to 4 exploratory borings sampling over a period not anticipated to last

more than 1 month. Data may be gathered within the bore holes using hydraulic conductivity testing and

televiewer logging. Water required for the project will be obtained from existing fire hydrants. Support

vehicles required for equipment and supply delivery will be sited in developed/paved areas. Micro-siting in

the field for environmental and engineering purposes may be required. Project vehicles will access the dam

via an existing paved road (Figure 2).

Figure 2. Access Plan to Dam


Geotechnical Investigations

Dam Area Within the Dam Area (Figure 3), 4 borings are proposed and summarized in Table 1. A currently permitted

staging area is proposed to be increased in size by 0.34 acre. Earth disturbing activities, as described below

will be limited to a smaller subset of the area defined as the bore locations requiring helicopter access (see

yellow pins below).

Figure 3. Dam Investigations


Table 1. Dam Investigations

Location Number Duration

(days)

Work Area Equipment Required

Overland

(Helicopter

Access)1

4 16 15 by 30 feet. Will

require hand grading of

soil to create flat areas

for installation of a

temporary 10 ft x 20 ft

wood platform.

At Work Area On Nearest Road

Portable drill,

temporary wood

platform, and water

circulation tank

Water truck with a

hose, 2 pick-up

trucks/field vehicles

1 Materials and equipment transported by helicopter will be placed near the drill rig during mobilization. A temporary wood platform will be constructed

and then the drill-rig and associated equipment will be lifted and placed on platform for drilling.

Helicopter Use A helicopter is proposed to be used to deliver the drill rig components and associated materials to 4

investigation sites located on the right abutment. Drilling methodology is described below. The helicopter, via a

Kevlar haul rope, will transport the drill rig components and associated materials from either the already

permitted existing gravel helicopter pad located west of the Watershed Office along Walnut Boulevard (Figure

4) or other identified staging areas within proximity to the Dam Area. After delivery, the helicopter will either

leave the Watershed or park at the existing gravel helicopter pad until it was time to move equipment to the

next site. The drill rig will be assembled, and the investigation completed by staff that will access the sites via

foot.

Figure 4. Dam Area: Existing Helicopter Pad


Boring Methodology

Due to the steepness of the right abutment slope and to limit the amount of ground disturbance, temporary

wood platforms will be built to create a safe and stable drilling work surface at each bore location. Hand

grading will be done with shovels and picks to create flat areas to place the platform foundation boards on. The

helicopter will fly the wood timbers and decking onto the slope where the platform will be built. When the

platform is built, the drill and other equipment and supplies will be flown up to it, the drill assembled, and

drilling performed. Upon completion of drilling, the equipment will be flown to the next platform and the first

platform will be deconstructed for movement to the next location. The borings will be advanced using an

approximately 5-inch diameter diamond core drill (rock core drilling) at an angle 30 degrees below horizontal to

depths of 50 to 100 feet deep to explore for any open vertical bedrock joints and bedding-parallel shear zones.

Drilling mud may be required to advance the borehole. Cuttings and drill fluid return will be monitored to

assure fluid loss is not occurring. Drill water and drill cuttings will be placed into drums and disposed of off-site

at an appropriate landfill facility. Following completion of all drilling and water level measurements, each boring

will be tremie backfilled with cement grout in accordance with Contra Costa County Environmental Health

Department requirements. Areas requiring hand grading will be recontoured and reseeded using Los Vaqueros

upland seed mix upon completion of activities. Project personnel will access the drill sites by foot.

Anticipated Impacts

Ground disturbance will be limited to the area required to be hand graded to place the platform

foundation boards on.

Construction Schedule Work is anticipated to start in mid-September 2020 and require approximately one month to complete.

Best Management Practices/Project Procedures The District has reviewed the project and determined that the following best management practices

and procedures will be required to avoid and minimize potential impacts to legally protected and/or

sensitive resources:

• A CDFW and Service-approved biologist will conduct a training session for project staff including a description of listed species present on the watershed, their habitat, the importance of the species and their habitat, the general measures that are being implemented to conserve these species as they relate to the project, and the boundaries within which work can occur. Species discussed will include the federally- and state-endangered San Joaquin kit fox (not likely to occur); federally threatened California Red-Legged Frog (not likely to occur) and federally-threatened California tiger salamander (not likely to occur).

• Daytime speed limits of 30 mph on paved roads.

• Construction-related holes capable of entrapping wildlife will be filled or covered with plywood or other hard material at the end of the workday or one or more escape ramps constructed of earth fill or wooden planks will be provided.

• If, in the course of performing work, a listed species is inadvertently killed or injured or found dead, injured, or trapped, project personnel will report the incident immediately to the immediate supervisor who will then report it to the appropriate natural resources staff who will notify the Service within 24 hours.

• Adherence to the CCWD Contractor/Consultant Safe Practices Handbook, Fiscal Year 2019 including fire safety as well as project specific health and safety plan.


ATTACHMENT B: FIGURES


Figure 1. Vicinity Map


Figure 2. Addendum 2 Area, Investigations


Figure 3. Addendum 2 Area, Land Cover


Figure 4. Addendum 2 Area, Photo Key


Photo 1. Dam Area: View from Grassland land cover on the right abutment

Photo 2. Dam Area: Grassland understory on right abutment, looking upslope


Photo 3. Dam: Right abutment


ATTACHMENT C: PROJECT COMPLIANCE TO HCP CONDITIONS


Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Migratory Birds.

As discussed above, special status plant surveys were conducted within the project area. No no-take plant species as defined by Table 6-5 of the HCP/NCCP were observed; therefore, no impact will occur. Regarding fully protected wildlife species, which is limited to birds, within the project area (i.e., Golden eagle and white-tailed kite), project activities will not result in disturbance or destruction of nests of these fully protected species or of other birds also protected under the Migratory Bird Treaty Act because no tress will be removed and activities are anticipated to be outside the nesting period or outside required buffers. If activities were to occur during the nesting season, pre-construction surveys will be undertaken, and appropriate buffers implemented to avoid impacts as follows:

If work is proposed during the nonbreeding season (September 1 through January 31), no action is required. If work is proposed during the bird breeding season (February 1 to August 31 and extended to September 15th for raptors), preconstruction nesting bird surveys will be conducted no more than 72 hours prior to project activities within 500 feet of project activities. Should any active nest be found, a no-disturbance buffer shall be created (i.e., 500 feet for raptors and 250 feet for other nesting birds [e.g., shorebirds, waterfowl, and passerine birds].

Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization The addendum does not propose to fill any jurisdictional wetlands.

All activities are at least 80 feet upslope from the water line of the reservoir separated by an approximately 35-foot-wide paved road. Given the distance at which project activities will occur from the water, the intervening paved road, the short-term nature of the activity and the low intensity of the activity, staking of avoidance areas, erect fencing or implementing erosion control measures is not required.

Regarding trash and refueling, the drilling contractor, as a condition in the services contract, will be required to promptly and properly remove trash from the site as well as to not refuel within 200 feet of wetlands, ponds, streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill.

Herbicide use is not proposed as part of the project.


ATTACHMENT D: FEE CALCULATOR(S)


ATTACHMENT E: WETLAND DELINEATION (if applicable)


Agenda Item 5c

Page 1 of 2

EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

DATE: August 21, 2020 TO: Governing Board FROM: Conservancy Staff (Abigail Fateman) SUBJECT: Letter of Support for Contra Costa County’s Grant Application for a

Feasibility Study to Evaluate Carbon Sequestration Opportunities

RECOMMENDATION

DIRECT staff to provide a letter of support for Contra Costa County’s planning grant application to the California Department of Conservation’s Sustainable Agricultural Lands Conservation Program (SALC).

BACKGROUND:

Contra Costa County is applying for a planning grant from the State Department of Conservation’s Sustainable Agricultural Lands Conservation Program (SALC) to develop: Healthy Land, Healthy People: A Carbon Sequestration Feasibility Study.

Healthy Lands, Healthy People: A Carbon Sequestration Feasibility Study, will identify strategies to sequester carbon in Contra Costa County (County) and evaluate their feasibility based on a range of metrics to better understand the opportunities and constraints for implementing projects. The deliverables of this project will be:

• A common understanding of carbon sequestration and its application for different landuse types in Contra Costa County;

• Identifying the potential for carbon sequestration for different land use types andassociated revenue streams, with attention to how these strategies can preserve landscurrently in use for agricultural purposes (both farming and grazing);

• Building stakeholder support for carbon sequestration projects in Contra Costa County,including carbon sequestration strategies that can help better provide locally grown foodto residents throughout the county; and

• Developing a roadmap for realizing carbon sequestration projects.

CONTINUED ON ATTACHMENT: Yes ACTION OF BOARD ON: August 21, 2020 APPROVED AS RECOMMENDED: OTHER:

VOTE OF BOARD MEMBERS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN.

ATTESTED

John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY HABITAT CONSERVANCY

BY:____________________________________________________________, DEPUTY

UNANIMOUS AYES: NOES: ABSENT: ABSTAIN:

of 2

Staff supports the grant application to develop the carbon sequestration feasibility study. The Study could provide important information not only in guiding habitat conservation, restoration, and management, but also open the door to additional funding opportunities where species management and carbon sequestration actions intersect.

Attachments: • DRAFT Letter of Support (dated 8/21/2020)

Agenda Item 5c

30 Muir Road, Martinez, CA 94553 ● 925-674-7203 ● www.cocohcp.org

August 21, 2020

Grant Manager CA Department of Conservation 801 K Street Sacramento, CA 95814

SUBJECT: Support for Contra Costa County’s SALC grant application for a feasibility study on carbon sequestration opportunities.

Dear Grants Committee:

On behalf of the East Contra Costa County Habitat Conservancy (ECCCHC), I offer support of Contra Costa County’s planning grant application to the State Department of Conservation through the Sustainable Agricultural Lands Conservation Program. The award of this planning grant would allow Contra Costa County to develop a feasibility study that will assess the opportunities for carbon sequestration across the different land uses in the County. The information from the study will increase the County’s ability to make evidence-based decisions to advance carbon sequestration efforts by promoting location and resource-efficient development and thus lowering the risk of development in agricultural lands and encouraging infill development in underutilized lands inside the urban limit line.

The proposed feasibility study will help inform the work of the East Contra Costa County Habitat Conservancy by providing important and actionable information on land conservation, habitat restoration, and management strategies.

Through this letter, I provide support of Contra Costa County’s proposal and look forward to hearing about its success.

Sincerely,

Abigail Fateman Executive Director

EAST CONTRA COSTA COUNTY

HABITAT CONSERVANCY

City of Brentwood

City of Clayton

City of Oakley

City of Pittsburg

Contra Costa County

Agenda Item 5c - Attachment

governing board - california

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