Fairfax City Council
April 15, 2026

Kristen Arnold
Public Works Director
Town of Fairfax
142 Bolinas Road, Fairfax, CA 94930
(415) 453-0291
[email protected]
Subject: CEQA Comments – Draft IS/MND for Bridge Preventative Maintenance Program (Canyon Road Bridge)
Dear Ms. Arnold,
Thank you for the opportunity to review and comment on the Draft Initial Study / Mitigated Negative Declaration (IS/MND) for the Town of Fairfax Bridge Preventative Maintenance Program (January 2026). I am submitting the following comments to ensure the administrative record adequately addresses potential environmental impacts associated with the Canyon Road Bridge project, particularly as they relate to adjacent residential properties and San Anselmo Creek. These comments are provided in good faith and are intended to improve the clarity, completeness, and evidentiary support of the environmental analysis.

1. Project Description and Engineering Baseline
The Draft IS/MND relies on civil and structural plans dated December 2015 and references Caltrans bridge inspection reports from approximately 2014. The document does not clearly identify whether more recent structural assessments, geotechnical evaluations, or hydraulic analyses have been conducted to support the current project scope.

CEQA requires a stable and accurate project description supported by up-to-date technical information. The IS/MND should clarify:
• when the most recent bridge condition assessments were performed; • whether newer engineering or inspection reports exist beyond those referenced; and • how the proposed improvements reflect current site conditions in the creek, abutments, and adjacent properties.

Without this information, the public cannot meaningfully evaluate whether the proposed scope of work is appropriately sized or whether additional impacts may occur.

2. Scope of Work – Canyon Road Bridge Abutments
The IS/MND and associated figures focus primarily on work at the north abutment, including wingwall replacement, soil nails, storm drain integration, and abutment surface repair. It is unclear whether the south abutment has been evaluated and determined not to require repair, or whether future work may be anticipated there.

A-1 A-2 A-3 Comment Letter A
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CEQA Comments – Draft IS/MND for Bridge Preventative Maintenance Program February 16th, 2026

The environmental document should explicitly state:
• whether the south abutment was assessed;
• whether any work is proposed or reasonably foreseeable on that abutment; and • whether deferring analysis of that area could result in piecemeal environmental review.

3. Property Boundaries, Easements, and Private Land Impacts The civil plans and figures included in the Draft IS/MND do not clearly depict property boundaries, making it difficult to determine whether proposed or existing improvements occur within public right-of-way, easements, or private parcels adjacent to the bridge.

Based on review of the plans and site conditions, it appears that:
• an existing bridge retaining abutment,
• portions of the storm drainage system or other utilities, and • ongoing erosion control features
may be located partially on private property.

Although the IS/MND states that no new easements or rights-of-way would be required, that conclusion is not supported by substantial evidence without clearly identifying parcel boundaries and infrastructure locations. CEQA requires disclosure of whether a project relies on private land for public infrastructure, access, or long-term maintenance.

4. Storm Drainage, Erosion, and Water Quality
The Canyon Road Bridge project includes work to envelop an existing storm drainpipe and acknowledges erosion concerns near the discharge location. However, the IS/MND does not adequately describe:
• how stormwater is treated prior to discharge into San Anselmo Creek; • whether discharge velocities or flow patterns will change as a result of the new wingwall/headwall configuration;
• how erosion and scour will be reduced over the long term; or • how erosion control measures will be maintained.

The Hydrology and Utilities/Service Systems sections rely largely on generalized best management practices rather than project-specific analysis demonstrating that erosion, sediment transport, and maintenance impacts will be less than significant.

5. Aesthetics
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A
CEQA Comments – Draft IS/MND for Bridge Preventative Maintenance Program February 16th, 2026

The IS/MND concludes that the project would not result in significant aesthetic impacts; however, the analysis does not adequately evaluate visible changes associated with:
• new reinforced concrete wingwalls;
• soil nail heads and structural treatments;
• riprap and modified creek banks; and
• replacement railings and signage.

Given the project’s location within a wooded creek corridor adjacent to residential properties, and the inherently subjective nature of aesthetic impacts, the record does not support a conclusion that no significant aesthetic impacts may occur without additional description or visual analysis.

6. Land Use and Planning
While the project may be consistent with underlying zoning, the IS/MND does not analyze whether the project’s permanent infrastructure, maintenance access needs, or occupation of the creek corridor affect the reasonable use or development potential of adjacent residential parcels.

CEQA requires consideration of functional land use impacts, not solely zoning consistency. The analysis should address whether the project effectively converts portions of residentially zoned land into long-term public infrastructure.

7. Utilities and Service Systems
The Utilities and Service Systems section concludes that no impacts would occur; however, storm drainage infrastructure, erosion control features, and associated inspection and maintenance activities constitute service systems under CEQA. The IS/MND does not analyze whether the project increases service demands, alters maintenance responsibilities, or shifts long-term service obligations onto private land.

8. Future Bridge Maintenance, Repair, and Replacement Activities The Draft IS/MND does not identify the anticipated frequency or nature of future bridge maintenance, repair, or replacement activities associated with the Canyon Road Bridge. While the project is characterized as preventative maintenance, bridges are long-lived public infrastructure assets that require periodic inspection, maintenance, and, ultimately, repair or replacement over time.

CEQA requires consideration of reasonably foreseeable future activities that are a consequence of the project. The IS/MND should disclose:
• the expected frequency of routine bridge inspections and maintenance; A-6A-7 A-8 A-9
CEQA Comments – Draft IS/MND for Bridge Preventative Maintenance Program February 16th, 2026

• whether future repair or replacement of wingwalls, abutments, drainage features, or erosion control measures is anticipated;
• whether such activities would require access to adjacent creek banks or private property; and
• how future maintenance activities were considered in the impact analysis.

Absent this information, the environmental review does not adequately evaluate long-term land use, service system, and cumulative impacts associated with the project, nor does it allow the public to understand whether the proposed work represents a one-time activity or part of an ongoing series of interventions within the creek corridor.

Conclusion
For the reasons outlined above, the Draft IS/MND does not provide sufficient evidence to support conclusions of less-than-significant impact for the Canyon Road Bridge project in several CEQA resource areas. At a minimum, the document should be revised to clarify project scope, update the engineering baseline, identify property boundaries and infrastructure locations, and provide more specific analysis regarding aesthetics, land use, storm drainage, erosion control, and future maintenance activities.

Thank you for your consideration of these comments. I respectfully request that these issues be addressed in the Final IS/MND prior to project approval. Please confirm receipt of this letter for the administrative record.

Sincerely,
Kyle Prenzlow
Kyle Prenzlow
Fairfax Property Owner – APN 003-044-03
126 Yugen
Irvine, CA 92618
(415) 673-1630 | [email protected]
A-9 A-10
A
Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 130

5.1 Response to Comment Letter A
COMMENT A-1. INTRODUCTION
The commentor thanks the Town for the opportunity to comment on the IS/MND and describes their intent to provide comments to ensure that the administrative record adequately reflects potential environmental impacts associated with the Canyon Road Bridge project.

RESPONSE TO COMMENT A-1
This comment does not state a specific concern or question regarding the sufficiency of the Draft IS/MND; therefore, no further response is warranted.

COMMENT A-2
The commentor states that the IS/MND relies on civil and structural plans and Caltrans bridge inspection reports dated 2014 and 2015, respectively, and asserts that the IS/MND does not clarify whether more recent technical studies have been conducted to support the current scope of the project. The commentor asserts that since CEQA requires up-to-date technical information to support the Project Description, the IS/MND should clarify the following items:
• When the most recent bridge condition assessments were performed; • Whether newer engineering or inspection reports exist beyond those references; and • How the proposed improvements reflect current site conditions in the creek, abutments, and adjacent properties.

RESPONSE TO COMMENT A-2
Bridge inspection reports are prepared by Caltrans every two years. Page 22 of this Final IS/MND has been updated to reference the most recent Caltrans Bridge Inspection Report for the Canyon Road Bridge prepared in 2022 (Caltrans 2022). The project plans depicted in Figures 11, 12, and 14 of this Final IS/MND are based on current engineering and inspection reports and current conditions in the creek and adjacent properties as reviewed based on recent site inspections completed as recently as March 18, 2026.

COMMENT A-3
The commentor states that the IS/MND primarily describes work related to the north abutment of the Canyon Road Bridge, and asserts that it is unclear whether the south abutment has been evaluated and determined not to require repair, or whether future work may be anticipated. The commentor asserts that the IS/MND should explicitly state the following items:
• Whether the south abutment was assessed;
• Whether any work is proposed or reasonably foreseeable on the south abutment; and • Whether deferring analysis of that area could result in piecemeal environmental review.

RESPONSE TO COMMENT A-3

assessed and was determined to be in good working condition based on current Caltrans Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 131
inspection reports. No work on the south abutment is currently proposed or anticipated to occur in the reasonably foreseeable future.

COMMENT A-4. PRIVATE LAND IMPACTS
The commentor asserts that the civil plans and figures included in the Draft IS/MND do not clearly depict property boundaries, which makes it difficult to determine whether proposed or existing improvements occur within public right-of-way, easements, or private parcels adjacent to the bridge. The commentor declares that, based on review of the plans and site conditions, it appears that an existing bridge retaining abutment, portions of the storm drainage system or other utilities, and ongoing erosion control features may be located partially on private property.

Further, the commentor asserts that, although the IS/MND states that no new easements or rights-of-way would be required, that conclusion cannot be supported by substantial evidence without clearly identifying parcel boundaries and infrastructure locations. The commentor asserts that CEQA requires disclosure of a project’s reliance upon private land for public infrastructure, access, or long-term maintenance.

RESPONSE TO COMMENT A-4
Property boundaries in the vicinity of the Canyon Road Bridge were shown in Figure 4 of the Draft IS/MND. Figure 4 of this Final IS/MND has been updated to include the Assessor’s Parcel Number (APN) for properties in the vicinity of the bridge. All proposed project work for Marin Road Bridge and Spruce Road Bridge would take place within the public right-of-way. The majority of project work at Canyon Road Bridge would take place within the public right-of-way; however, a portion of fish ladder repair work will need to occur in APN 003-044-03. The fish ladder repairs were not originally part of the project, but were added to the project as a result of agreements between the Town, Caltrans, and NMFS memorialized in the Caltrans Environmental Commitment Record finalized while the IS/MND was in circulation. The following text has been added to page 23 of this Final IS/MND to describe the proposed fish ladder repairs:

Repairs to fish ladder: Steel baffles that are dislodged or in danger of becoming dislodged would be reinstalled. Cracks, chips, and gaps in the concrete ladder walls would be filled, or the baffles would be modified to fit the existing conditions to avoid wear and future dislodging. Rails along the ladder would be replaced in-kind with new rails of similar shape and size. In addition, materials causing the debris jam at the entrance of the ladder (wood, rocks, metal, and other material) would be removed. This work would take place within San Anselmo Creek and will require limited work with APN 003-044-03, depending on the fish ladder boundaries to be confirmed during the next phase of the project. If the project would require work outside the public right-of-way, the Town would obtain temporary construction access.

As any proposed fish ladder repair work would not result in the construction of new infrastructure, would not require any permanent access needs and would not include ground disturbance that would impact archaeological resources or water quality, the City has determined that the potential fish ladder repair work would not result in a significant impact to the environment.

COMMENT A-5. STORM DRAINAGE, EROSION, AND WATER QUALITY The commentor asserts that the discussion of the Canyon Road Bridge project in the IS/MND does not adequately describe the following:

Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 132
• How stormwater is treated prior to discharge into San Anselmo Creek; • Whether discharge velocities or flow patterns will change as a result of the new wingwall/headwall configuration;
• How erosion and scour will be reduced over the long term; or • How erosion control measures will be maintained.

The commentor asserts that the Hydrology and Utilities and Service Systems sections rely on generalized BMPs as opposed to project-specific analysis demonstrating that erosion, sediment transport, and maintenance impacts would be less than significant.

RESPONSE TO COMMENT A-5
Impacts of the project related to storm drainage, erosion, and water quality are discussed in Section 4.2.10, Hydrology and Water Quality, of this Final IS/MND. Project impacts related to stormwater are discussed on pages 90-91 of this Final IS/MND. As stated on pages 90-91, the project would be required to obtain a Section 404 permit from the United States Army Corps of Engineer (Corps), a Section 1602 permit from California Department of Fish and Wildlife (CDFW), and a Section 401 Certification from the Regional Water Quality Control Board (RWQCB). The project would be required to comply with all permit requirements, including those aimed to prevent pollutants and sediment in stormwater runoff from the project site. In addition, the project would be required to comply with the Marin County’s Stormwater Pollution Prevention Program (MCSTOPPP), which facilitates compliance with the State Water Resources Control Board’s (SWRCB) water quality regulations. Under MCSTOPPP, the project would be required to prepare an Erosion and Sediment Control Plan (ESCP) to identify pollutants that may affect stormwater runoff and document best management practices (BMPs) that would be employed to prevent construction site pollutants from leaving the site and entering the storm drain system.

Further, as stated on page 19 of this Final IS/MND, the project would implement constructionphase BMPs to prevent pollutant and sediment runoff in compliance with Chapter 8.32 of the Town of Fairfax Municipal Code. As stated on page 19, “Erosion control BMPs may include, but are not limited to, timely revegetation of graded areas, the use of hydroseed and hydraulic mulches, installation of erosion control blankets, and sediment detention basins, dams, or filters.

Pollution prevention BMPs may include designated washout areas or facilities, control of trash and recycled materials, tarping of materials stored on-site, and proper location of and maintenance of temporary sanitary facilities. The Town has the authority to review designs and proposals for construction activities to determine whether adequate BMPs would be installed, implemented, and maintained during construction and once construction is complete.” Therefore, the project’s compliance with these state, regional, and local stormwater runoff requirements supports the finding in Section 4.2.10, Hydrology and Water Quality, that the project would have a less-than-significant impact on water quality.

Impacts related to erosion and scour are discussed in Section 4.2.7, Geology and Soils, and Section 4.2.10, Hydrology and Water Quality. Specifically, Page 93 of this Final IS/MND discusses how project work at Canyon Road Bridge would impact flood flows and creek carrying capacity, which is based on the detailed hydraulic analysis that was conducted as part of the Hydraulic Study (Appendix D). As stated on page 93, “Work that may alter drainage patterns at Canyon Road Bridge includes replacing the northwest and northeast bridge wingwalls. The Hydraulic Study concluded that implementation of the proposed work at the Canyon Road Bridge site would have a beneficial impact on flood capacity. The proposed repair to the left bank wingwall Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 133
would increase the effective width of the bridge opening by about one foot, which would create a smoother transition between the upstream curved vertical concrete retaining wall and the vertical concrete abutment wall. In addition, the proposed repair to the left bank immediately downstream of the bridge outlet would further increase the flood flow capacity of the bridge by providing a smoother hydraulic transition in the expansion zone downstream of the bridge opening. Therefore, the proposed work at Canyon Road Bridge would increase the hydraulic capacity of the project area and would not result in flooding, obstruction of flood flows, and would not result in stormwater runoff that would exceed the capacity of existing infrastructure.

The impact would be less than significant.”
The Draft IS/MND did not claim that the project would reduce erosion and scour over the longterm. Rather, the IS/MND describes how elements of project design would protect the rehabilitated Canyon Road Bridge components from scour. Page 23 of this Final IS/MND states that “A two-foot wide by two-foot-deep course of rock riprap with geotextile lining would be placed in front of the foundation of the wall, flush with the creek bed, for protection of the footing from scour.”
As described above, the project would implement erosion control measures throughout and after project construction in compliance with regulatory permit requirements, the MCSTOPPP, and the Town of Fairfax Municipal Code. These measures would be incorporated into construction documents and enforced by the construction contractor throughout construction. Further, Mitigation Measure BIO-5 described on page 66-68 of this Final IS/MND, requires that all disturbed areas in the stream channel be re-graded to match the surrounding topography by October 15 after construction has finished. Seed and certified weed-free straw would be placed on disturbed areas (with the exception of the lower creek banks, creek bed, and areas below the ordinary high water mark), and jute mesh type or equivalent matting would be placed over the straw. This measure further requires that after construction, the project site shall be inspected following the first heavy rain, during the middle of the rainy season and at the end of the rainy season. During each visit areas of significant erosion or erosion control device failure shall be noted and appropriate remedial actions taken. This mitigation measure is incorporated into the Mitigation Monitoring and Reporting Program (MMRP) for the project which is included in Section 6 of this Final IS/MND. The Town, as the lead agency, is responsible for implementing the MMRP after the IS/MND is approved, which would ensure maintenance of erosion control measures throughout and after project construction.

COMMENT A-6. AESTHETICS
The commentor asserts that the analysis of aesthetics in the IS/MND does not adequately evaluate visible changes associated with new reinforced concrete wingwalls, soil nail heads and structural treatments, riprap and modified creek banks, and replacement railings and signage.

The commentor asserts that the record is insufficient in supporting a conclusion that no significant aesthetic impacts may occur without additional description or visual analysis.

RESPONSE TO COMMENT A-6
Potential impacts of the project related to aesthetics are evaluated in Section 4.2.1, Aesthetics in accordance with the CEQA Appendix G Guidelines, and consider whether the project would have a substantial adverse effect on a scenic vista; substantially damage scenic resources within a state scenic highway; substantially degrade the existing visual character or quality of public view of the site and its surroundings, or conflict with applicable zoning and other regulations Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 134
governing scenic quality; or create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. As described on page 33 of this Final IS/MND, project work consists of repair and replacement of existing features would maintain the visual character of the existing bridge. Soil nail heads and modification of the creek bed are minor alterations to the site that would not impact the existing visual character and are changes that cannot be easily seen from the bridge surface. After construction if finished, views of the Canyon Road Bridge site would be similar to existing conditions. The project was found to have a less-than-significant impact to aesthetics in accordance with the criteria outlined in the CEQA Appendix G Guidelines.

COMMENT A-7. LAND USE AND PLANNING
The commentor asserts that the IS/MND does not analyze the project’s permanent infrastructure, maintenance access needs, or occupation of the creek corridor affect the use or development potential of adjacent residential parcels. The commentor declares that CEQA requires consideration of functional land use impacts beyond zoning consistency, and that the analysis in the IS/MND should address whether the project effectively converts portions of residentially zoned land into long-term public infrastructure.

RESPONSE TO COMMENT A-7
As explained above in response to comment A-4, the IS/MND has been revised to clarify the extent of work which may occur outside of the public right-of-way. Page 23-24 of this Final IS/MND has been revised to incorporate the following:
• Repairs to fish ladder: Steel baffles that are dislodged or in danger of becoming dislodged would be reinstalled. Cracks, chips, and gaps in the concrete ladder walls would be filled, or the baffles would be modified to fit the existing conditions to avoid wear and future dislodging. Rails along the ladder would be replaced in-kind with new rails of similar shape and size. In addition, materials causing the debris jam at the entrance of the ladder (wood, rocks, metal, and other material) would be removed. This work would take place within San Anselmo Creek and may require limited work with APN 003-044-03, depending on the fish ladder boundaries to be confirmed during the next phase of the project. If the project would require work outside the public right-of-way, the Town would obtain temporary construction access.

This proposed fish ladder repair work would not result in the construction of new infrastructure and would not require any permanent access needs. This work would not affect the use or development potential of adjacent residential properties, as it would only consist of repairs to an existing fish ladder and clearing of debris within the creek. This work does not impact any functional land uses and would not convert any portion of residential property into long-term public infrastructure use. Land use following the project would remain unchanged compared with existing conditions.

COMMENT A-8. UTILITIES AND SERVICE SYSTEMS
The commentor asserts that the IS/MND does not identify the anticipated frequency or nature of future bridge maintenance, repair, or replacement activities associated with the Canyon Road Bridge. The commentor declares that the IS/MND should disclose the following:
• The expected frequency of routine bridge inspections and maintenance; Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 135
• Whether future repair or replacement of wingwalls, abutments, drainage features, or erosion control measures is anticipated;
• Whether such activities would require access to adjacent creek banks or private property; and
• How future maintenance activities were considered in the impact analysis.

RESPONSE TO COMMENT A-8
Routine bridge inspections are conducted by Caltrans every two years, which are separate from implementation of the project. The project would not alter the frequency of bridge inspections or maintenance. There will be no change to existing general maintenance and inspection activities as a result of the project. Future maintenance and inspection work would be within the public right-of-way and would not require encroachment on private property.

COMMENT A-9. CONCLUSION
The commentor concludes the comment letter by asserting that the Draft IS/MND does not provide sufficient evidence to support a less-than-significant impact conclusion for the Canyon Road Bridge project in several CEQA resource areas. The commentor reiterates that the document should clarify the items discussed above, and thanks the reviewer for consideration of their comments.

RESPONSE TO COMMENT A-9
The Town thanks the commentor and will consider their input. This comment does not state a specific concern or question regarding the sufficiency of the Draft IS/MND; therefore, no further response is warranted.

B-3 B-2 B-1 Comment Letter B
Telephone: (415)479-1645
February 16, 2026
karnold@townoffairfaxca. govDear Ms. Arnold:

In addition, the IS/MND does not sufficiently address the construction-related impacts to V nearby residents, including but not limited to noise, vibration, access disruption, duration of I am writing on behalf of Nicole McConneloug, owner of 445 Cascade Drive, APN 003-044-04, and her husband, John Mcconneloug, who also resides at the property, which is directly adjacent to the Canyon Road Bridge project area. These comments are submitted as part of the public review period for the Initial Study/Mitigated Negative Declaration (IS/MND). Please include this correspondence, and any further correspondence from the McConnelougs in the administrative record for the project.

John E. Sharp
[email protected]
Re: CEQA Public Comment - Bridge Preventative Maintenance Program Canyon Road Bridge (IS/MND): 445 Cascade Drive, Fairfax, CA Of particular concern is the proposal to install permanent underground tieback systems extending 18-20 feet beneath the McConnelloug property. Although described as having no surface impact, these tiebacks represent a permanent encroachment and legal burden on private property rights. The IS/MND does not adequately analyze the long-term implications of such easements, including future access requirements, inspection and maintenance obligations, homeowners’ insurance liabilities, potential impacts to future development, or effects on property value.

The Canyon Road Bridge was reconstructed approximately 27 years ago and is currently functioning without any obvious structural deficiencies.

Based on both public information and direct observation of conditions beneath and around the bridge, there has not been a clear or compelling demonstration of necessity for the scope and intrusiveness of the proposed work, particularly where it involves permanent encumbrances of private property.

Kristin Arnold
Director of Public Works
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
After reviewing the project description and proposed actions, we have significant concerns with the Project as currently proposed, and with the IS/MND. While my clients appreciate the Town’s efforts to maintain and preserve infrastructure and are hopeful of working collaboratively with the Town toward that end, they do not support its approval, or the IS/MND in its present form.

Law Offices of
JOHN E. SHARP
24 Professional Center Parkway, Suite 110
San Rafael, CA 94903
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As you know, CEQA, beginning at 14 California Code of Regulations 15378 (a) states:
methods located entirely within the existing public right-of-way.

V property owners in the vicinity.

We are also concerned that the IS/MND does not appear to meaningfully evaluate reasonable project alternatives that could avoid or substantially reduce the need for permanent easements on private property, such as design modifications, reduced scope, or alternative stabilization For these reasons, we believe the Initial Study understates the potential impacts of the Project and relies on mitigation measures that do not fully address the permanent and disproportionate burden being placed on adjacent private property owners. At a minimum, the Town should further study alternatives and provide clearer justification for the necessity and scope of the proposed tieback systems before proceeding, in a collaborative way with affected private Noting that WRA, the Town’s environmental consultant, has written a great deal of volume, we nonetheless observe, respectfully, that some of the above environmental impacts have not received the level of review necessary to allow the McConnelougs and other neighbors to fully understand the extent of the impacts identified herein. construction, and loss of quiet enjoyment. These impacts are particularly relevant given the residential context and proximity of the work to private homes.

Using that definition, and expansion thereon in related case law and other authority, the IS/MND does not sufficiently describe the scope of the project, in order to allow full examination and comment upon all potential environmental impacts arising from it. Examples are, without limitation, lack of adequate identified traffic impacts, lack of a survey delineating property boundaries where the tiebacks and other project features would be located, lack of a meaningful hydrology study, (especially important given the complicated riparian features of the confluence of waters below the bridge and the property of Ms. McConneloug), inadequate identification of erosion control requirements, and lack of attention to the multitude of trees and other flora in the vicinity of the project.
"Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:
(1) An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.
(2) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

B-6
A
Thank you for the opportunity to comment.

Very truly yours,TJohn E. Sharp
On behalf of the McConnelougs, we reserve the right to supplement these comments in writing and at the hearing on the CEQA review and at the hearing on the merits of the project.

We respectfully request that these concerns be fully considered as part of the CEQA process, and the merits of the project. The affected property owners look forward to working cooperatively with the Town to explore less intrusive solutions.

LAW OFFICES OF JOHN E. SHARP
A ( SA
Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 139

5.2 Response to Comment Letter B
COMMENT B-1. INTRODUCTION
The commentor states that he is writing on behalf of his clients who reside at APN 003-044-04, located adjacent to the Canyon Road Bridge, and requests that the correspondence be included in the administrative record for the project. The commentor asserts that, while his clients appreciate the Town’s efforts to maintain infrastructure, they do not support the project’s or IS/MND’s approval in its current form. The commentor asserts that the Canyon Road Bridge is currently functioning without any obvious structural deficiencies, and that there has not been a compelling demonstration of necessity for the scope of the proposed work, particularly where it involves permanent encumbrances of private property.

RESPONSE TO COMMENT B-1
As described in Section 3.0, Project Description, the Canyon Road Bridge has a structural deficiency rating of 72.8 as documented by professional Caltrans bridge inspectors, which is within the range of implementing preventative maintenance and repairs. The project proposes repairs to address structural deterioration, erosion, and safety concerns associated with aging bridge components and the adjacent creek channel. A bulge in the northwest wingwall is creating hazardous conditions, the existing storm drain discharge and wingwall are contributing to localized creek bank erosion, the north abutment has deteriorated, and cracks in the bridge deck should be sealed. As clarified on page 19-20 of this Final IS/MND, aside from fish ladder repair work at Canyon Road Bridge, which may require a temporary construction easement, all project work would take place within the public right-of-way. As described above in response to comment A-7, text has been added to the Final IS/MND to clarify the nature of project work that may take place within APN 003-033-03, which consists of minor repairs to an existing fish ladder and clearing of debris build-up. These improvements are not required for bridge repair but were required by the National Marine Fisheries Service (NMFS) as a project measure to support fish passage within San Anselmo Creek. As described on page 19-20 and 23-24 of this Final IS/MND, boundaries of the fish ladder and property boundaries would be confirmed during the next phase of the project, and if the project would require work outside the public right-ofway, the Town would obtain temporary construction access. No permanent access would be needed for the project.

COMMENT B-2. PRIVATE PROPERTY AND EASEMENTS
The commentor expresses concern about the proposed installation of permanent underground tieback systems extending 18-20 feet beneath APN 003-044-04. The commentor asserts that the proposed tieback systems represent a permanent encroachment and legal burden on private property rights. The commentor declares that the IS/MND does not adequately analyze the longterm implications of the easements, including future access requirements, inspection and maintenance obligations, homeowners’ insurance liabilities, potential impacts to future development, or effects on property value.

RESPONSE TO COMMENT B-2
As described above in responses to comments A-7 and B1, all project work, aside from fish ladder repairs, would take place within the public right-of-way. No temporary or permanent easement is required for any bridge work, including tieback systems. There would be no change in access requirements as a result of the project, aside from a potential temporary construction Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 140
access to implement repairs to the fish ladder within the creek. Homeowners’ insurance liabilities and effects on property value are not required topics of analysis under CEQA because they do not, in and of themselves, have bearing on potential environmental impacts. Therefore, no further response is required to address CEQA sufficiency.

COMMENT B-3. CONSTRUCTION-RELATED IMPACTS
The commentor states that the IS/MND does not adequately address the construction-related impacts to nearby residents, including noise, vibration, access disruption, duration of construction, and loss of quiet enjoyment. The commentor considers these factors particularly relevant given the proximity of Project work to private homes.

RESPONSE TO COMMENT B-3
Construction-related impacts of the project related to noise and vibration were addressed in Section 4.2.13, Noise. Noise impacts were found to be less than significant with implementation of Mitigation Measure NOISE-1, and vibration impacts were found to be less than significant.

The commentor does not raise a substantive comment explaining why they view the noise, vibration, and related impact analyses in the IS/MND as insufficient. Therefore, no further response is required to address CEQA sufficiency.

COMMENT B-4. ENVIRONMENTAL ANALYSIS
The commentor cites 14 California Code of Regulations 15378 (a), which provides the definition for a project under CEQA. The commentor asserts that the IS/MND does not sufficiently describe the scope of the project as defined by CEQA. Specifically, the commentor declares that the IS/MND lacks the following:
• identification of traffic impacts,
• a survey delineating property boundaries where the tiebacks and other project features would be located,
• a meaningful hydrology study,
• identification of erosion control requirements, and
• attention to the various trees and other flora in the vicinity of the project site.

The commentor asserts that the aforementioned environmental considerations have not received the level of review necessary to allow those residing near the project site to fully understand the extent of the impacts.

RESPONSE TO COMMENT B-4
The commentor does not raise a substantive comment explaining why they view the listed impact analyses in the IS/MND are insufficient and is directed to the analysis in the document.

Traffic impacts associated with the project are analyzed in Section 4.2.17, Transportation, and were found to be less than significant. As stated on page 109-110, construction-related vehicles trips would be below the applicable threshold of significance of 110 trips per day, and no permanent increase in vehicle trips would occur as a result of the project.

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Property boundaries were shown on Figure 4 of the Draft IS/MND, and Figure 4 of this Final IS/MND has been adjusted to include APNs for properties near the Canyon Road Bridge. As described above in response to comment B-1 and B-2, all project work, aside from fish ladder repairs, would take place within the public right-of-way. Surveys delineating property boundaries would be completed during the next phase of the project, and if temporary access to APN 003- 044-03 is needed for fish ladder repair work, the Town would obtain a temporary encroachment permit for this work. No permanent easements would be needed as a result of the project.

As described on page 89, location Hydraulic Study Reports were prepared for Marin Road Bridge and Canyon Road Bridge by GeomorphDesign and are available as Appendix D of the Final IS/MND. Erosion control requirements are discussed throughout the Final IS/MND, including in the Section 3.0, Project Description; Section 4.2.4, Biological Resources; Section 4.2.7, Geology and Soils; and Section 4.2.10, Hydrology and Water Quality. See response to comment A-5 for a detailed discussion of erosion control requirements for the project.

Impacts to trees and other plant and wildlife species are analyzed in Section 4.2.4, Biological Resources. With implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, BIO-4, and BIO-5, impacts to biological resources would be reduced to a less-than-significant level.

COMMENT B-5. PROJECT ALTERNATIVES
The commentor states that the IS/MND does not meaningfully evaluate reasonable project alternatives that could avoid or substantially reduce the need for permanent easements on private property, such as design modifications, reduced scope, or alternative stabilization methods located entirely within the existing public right-of-way.

RESPONSE TO COMMENT B-5
In accordance with the CEQA Guidelines, an analysis of project alternatives is only required for Environmental Impact Reports, not for IS/MNDs. Per CEQA Guidelines Section 15063, an Initial Study must contain the following information:
• A description of the project including the location of the project; • An identification of the environmental setting;
• An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries. The brief explanation may be either through a narrative or a reference to another information source such as an attached map, photographs, or an earlier EIR or negative declaration. A reference to another document should include, where appropriate, a citation to the page or pages where the information is found.
• A discussion of ways to mitigate the significant effects identified, if any; • An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls;
• The name of the person or persons who prepared or participated in the initial study.

In accordance with CEQA Guidelines Section 15070, a public agency shall prepare a mitigated negative declaration for a project when:

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• The initial study shows there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment.

As shown in Section 4.1, Determination, of this Final IS/MND, the project would not have any potentially significant environmental effects with the implementation of mitigation measures described throughout this document. Therefore, the Town proposes to adopt a mitigated negative declaration, and no analysis of alternatives is required.

COMMENT B-6. CONCLUSION
The commentor states that he and his clients believe the Initial Study understates the potential impacts of the project and relies on mitigation measures that do not fully address the burden being placed on adjacent private property owners. The commentor suggests that, in collaboration with affected private property owners, the Town should further study alternatives and provided clearer justification for the necessity of the proposed tieback systems. Finally, the commentor requests their concerns be fully considered as part of the CEQA process and that the affected property owners look forward to working with the Town to explore solutions.

RESPONSE TO COMMENT B-6
The Town thanks the commentor and will consider their input. This comment does not state a specific concern or question regarding the sufficiency of the Draft IS/MND; therefore, no further response is required for a complete CEQA analysis.

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6.0 MITIGATION MONITORING AND REPORTING PROGRAM
CEQA Guidelines (California Code of Regulations, Title 14), Section 15097, requires public agencies to adopt reporting or monitoring programs when they approve projects to an EIR or negative declaration that includes mitigation measure to avoid significant environmental effects.

The reporting or monitoring program shall be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to CEQA Guidelines Section 16097, which states the following:
“In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.

The public agency may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” generally consists of a written compliance review that is presented to the decision-making body or authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. "Monitoring" is generally an ongoing or periodic process of project oversight. There is often no clear distinction between monitoring and reporting and the program best suited to ensuring compliance in any given instance will usually involve elements of both.”
The basis for this MMRP are the mitigation measures included in the Final IS/MND. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects of the project to less than significant levels. The Town has agreed to implement the mitigation measures as required, before and during implementation of the proposed project.

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Table 4. Mitigation Monitoring and Reporting Program

MITIGATION MEASURES

IMPLEMENTATION

REPONSIBILITY

IMPLEMENTATION
TIMING

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RECORD

AIR QUALITY
Mitigation Measure AIR-1. Fugitive Dust Control Measures The project shall implement BMPs as recommended by the
BAAQMD 2022 CEQA Air Quality Guidelines, which include
the following measures:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be
limited to 15 mph.
• All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by
the California airborne toxics control measure Title
13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained and
properly tuned in accordance with the
manufacturers’ specifications. All equipment shall
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to and for
duration of construction
Initials
____________
Date
______________
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be checked by a certified mechanic and determined
to be running in proper condition prior to operation.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1. Special-Status Fish and
Essential Fish Habitat (Marin Road Bridge and Canyon
Road Bridge)
The following measures shall be implemented at Marin
Road Bridge and Canyon Road Bridge to avoid and
minimize potential project impacts to steelhead, critical habitat for steelhead and Coho Salmon, and EFH.
• The project shall follow the standards and
requirements of the Biological Opinion issued for the
project by NMFS to ensure that the project will not
result in permanent adverse effects to steelhead,
critical habitat, or EFH.
• Work within the channel shall be conducted during
the dry season (June 1 through October 15) to avoid
disrupting the adult steelhead migration cycle. Work
outside of this period shall require consultation with
NMFS.
• If water is present during project activities, inchannel work shall be conducted in isolation from flowing water. Prior to the start of construction
activities, the work area shall be isolated, and
flowing water should be diverted around the
isolated area.
• As described in the project’s Biological Opinion, a
fish salvage plan shall be developed and approved
by NMFS prior to the onset of any in-channel work
if water is present. The plan shall include proposed
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance at the
Project site
Initials
____________
Date
______________
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methods for dewatering, expected location and
duration of dewatering activities, and methods for
conducting fish salvage during dewatering
activities. Consistent with the requirements of the
project’s Biological Opinion, fish would be captured
by a qualified fisheries biologist using one or more
of the following methods: electrofishing, dip net,
seine, throw net, block net, minnow trap. Collected
fish would be immediately returned to the stream
at suitable locations in San Anselmo Creek
downstream or upstream of the dewatered areas as
determined by qualified biologists and approved by
NMFS.
• Concrete, dust, and other debris from concrete
removal activities shall be captured and removed
from the work site so as not to enter the creek
channel.
• The creek banks shall be restored to pre-project
conditions following the completion of work.
• The existing fish ladder shall be left in place and
repaired. Where disturbed, the creek channel shall
be restored to the pre-project grade using native
cobble, gravel, and soils in appropriate ratios to
mimic pre-project conditions
Mitigation Measure BIO-2. Nesting Bird Species
Although potential nesting habitat for nesting birds would not be lost as a result of the proposed project, construction could disturb active nests. The following measures shall be implemented at the Marin Road Bridge, Spruce Road
Bridge, and Canyon Road Bridge sites to avoid and
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance and
throughout Project
construction
Initials
____________
Date
______________
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minimize potential impacts to special-status and nonspecial-status nesting birds:
• If proposed project activities begin between
February 15 and August 31, pre-construction
surveys shall be conducted by a qualified biologist
prior to ground disturbance or vegetation removal
to determine whether active nests containing eggs,
chicks, or young are present in the project site. Preconstruction surveys for active nests shall be conducted no more than 14 days prior to ground
disturbing or vegetation removal activities.
• If active nests containing eggs, chicks, or young are not observed during pre-construction surveys,
construction shall proceed.
• If active nests containing eggs, chicks, or young are observed, ground-disturbing activities shall be
avoided within a 25- to 100-foot exclusion zone for
passerine birds and a 200- to 500-foot exclusion
zone for raptors and special-status species.

Exclusion size shall be dependent upon species and
nest location. Appropriate exclusion distances shall
be determined by a qualified biologist based on the
species present and location of the nest relative to
construction activities (e.g., the nest is sufficiently shielded from construction to avoid disturbance).

Construction within this buffer shall be prohibited
until the qualified biologist determines that the nest
is no longer active. If an active nest is found after
the completion of the pre-construction surveys or
after construction begins, all construction activities
shall stop until a qualified biologist has evaluated
the nest and determined an appropriate buffer to
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be placed around the nest. If avoidance of a buffer
zone is not feasible, CDFW and/or the USFWS shall
be contacted to coordinate an appropriate course of
action.
• No surveys shall be required if project activities
begin during the non-nesting season, September 1
and February 14.

Mitigation Measure BIO-3. Northern Spotted Owl (Canyon
Road Bridge)
Although the Canyon Road Bridge does not contain habitat suitable for nesting northern spotted owl (NSO), NSO that nest in forest adjacent to the project sites may be affected by noise from proposed project activities during nesting.

The following measures shall be implemented at the
Canyon Road Bridge site to avoid and minimize potential project impacts to NSO:
• Final avoidance and minimization measures shall be
determined in consultation with the USFWS to
ensure project design including avoidance and
minimization measures do not result in adverse
effects to NSO.
• Work within the project site will be conducted
outside the nesting season (September 1 through
January 31) to avoid disrupting nesting NSO within
and adjacent to the project site. Work outside of
this period during the nesting season shall require
protocol-level surveys and consultation with the
USFWS and CDFW.
• If work within the project site must occur during the nesting season (February 1 through August 31),
protocol-level surveys in accordance with the
USFWS Protocol for Surveying Proposed
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance and after
completion of Project
construction
Initials
____________
Date
______________
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Management Activities that may Impact Northern
Spotted Owls (2012). For “disturbance only”
projects (see Project Impacts section below), six
surveys shall be required during the nesting season
of the project site and the surrounding 0.25-mile
area (survey area).
• If protocol-level surveys indicate that NSOs are
nesting within the potential acoustic impact
distance to be determined in consultation with the
USFWS, project work may not commence until the
end of the nesting season, i.e., September 1.
• If protocol-level surveys determine that NSO are not
nesting or not nesting within the potential acoustic
impact zone during the year of the surveys, project
work shall commence June 1. June 1 is the earliest
date non-nesting status can be confirmed.
• If project work begins in the non-nesting season
and is to continue into the nesting season, project
work shall cease January 31 and shall not
recommence until protocol-level surveys as
described above determine the nesting status of the
survey area.

Mitigation Measure BIO-4. Riparian Habitat (Canyon Road Bridge)
The following measures shall be implemented at the
Canyon Road Bridge site to avoid and reduce impacts to
riparian habitat:
• A Certified Arborist shall visit the Canyon Road
Bridge site after the soil nail drilling has occurred at a 30-, 60-, and 90-day interval, followed by a site
visit one year later. The Certified Arborist shall
examine the health of the trees that were impacted
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance and
throughout Project
construction
Initials
____________
Date
______________
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by project work and raise any concerns to the Town
of Fairfax.
• Temporarily impacted areas in this habitat shall be
revegetated with native, non-invasive plants
suitable for the soil and site conditions.
• Silt fencing or other approved sediment trapping
shall be installed down gradient of the work site to
minimize off-site transport of sediments.
• Exclusion fencing shall be installed along the limits of clearing and grubbing to prevent encroachment
into undisturbed habitats.

Mitigation Measure BIO-5. Mechanical Equipment in the
Creek Bed (Marin Road Bridge and Canyon Road Bridge)
The following measures shall be implemented at Marin
Road Bridge and Canyon Road Bridge to avoid and/or
minimize and restore potential impacts to creek habitat resulting from the use of mechanical equipment in the
creek bed.
• The primary construction shall be completed during
the dry season, between April 15 and October 15.
• Final grading in the creek bed shall conform to the
existing creek channel both downstream and
upstream (except in the areas of permanent fill),
and existing bed materials shall be replaced with
similar sized materials.
• Regulatory approval shall be obtained for all work
within potential jurisdictional areas, including
approval from the USACE, RWQCB, CDFW, and
NMFS. All work within these areas shall conform to
any conditions imposed by the regulating agencies.

Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance and for
duration of construction
Initials
____________
Date
______________
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• Prior to any clearing, grubbing, pruning, or
groundbreaking activity, the limits of construction
shall be fenced with temporary high-visibility
construction fencing to protect environmentally
sensitive areas, to prevent any equipment from
unnecessarily extending the work area or entering
the wetted channel. In addition, silt fencing shall be
installed at the base of the construction fencing, or
where appropriate, to prevent debris from entering
the creek. All fencing shall be removed upon project
completion.
• Prior to construction, the contractor shall be
required to prepare an Accidental Spill Prevention
and Cleanup Plan. This plan shall include required
spill control absorbent material, for use beneath
stationary equipment, to be present on-site and
available at all times.
• To minimize fluid leaks during operation, refueling,
and maintenance of stationary equipment spill
control absorbent material shall be in place
underneath this equipment at all times to capture
potential leaks. All refueling and maintenance of
equipment, other than stationary equipment, shall
occur outside the creek’s top-of-bank. Any
hazardous chemical spills will be cleaned
immediately.
• All stockpiling of construction materials, equipment, and supplies, including storage of chemicals,
refueling and maintenance, shall occur outside the
creek channel. No equipment shall be washed
where runoff could enter the creek.

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• No motorized equipment shall be left within the
channel (top of bank to top of bank) overnight
unless a container or similar method is securely
placed beneath the equipment to catch any fluid
leakage. All contained fluids shall be disposed of in
a permitted manner.
• The contractor shall be required to use a drilling
mud and slurry seal that is nontoxic to aquatic life
if there are drilling activities related to construction of the proposed project. All drilling muds and fluid
shall be contained on-site in tanks and disposed of
in a permitted manner. Fluids from saw cutting and
other activities shall be collected and not allowed
to flow into the creek.
• No equipment, including concrete trucks, shall be
washed within the channel of the creek, or where
wash water could flow into the channel. Prior to
proposed project construction, the contractor shall
establish a concrete washout area for concrete
trucks in a location where wash water will not enter
the creek or adjacent areas. The washout area shall
follow the practices outlined in the San Francisco
Bay Regional Water Quality Control Board Erosion
and Sediment Control Field Manual (page 107-108,
July 1999) or more recent guidelines. Substitution of
the designated concrete washout area or methods
shall require prior approval of the Town of Fairfax.
• All water that comes in contact with wet concrete
shall be pumped directly into tanks and disposed of
at a permitted location.
• If work is to occur on the roadway and bridge
approaches during the period October 15 to April
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15, all drainage inlets within the project site shall
be protected from receiving polluted storm water
through the use of filters such as fabrics, gravel
bags, straw wattles, or other appropriate BMPs.
• Water encountered during construction of the bridge
foundations or footings shall be managed in
accordance with an approved dewatering plan.
• All workers shall ensure that food scraps, paper
wrappers, food containers, cans, bottles, and other
trash from the project site are deposited in covered
or closed trash containers. The trash containers
shall not be left open and unattended overnight.
• The Town of Fairfax shall require that all disturbed
areas in the stream channel be re-graded to match
the surrounding topography by October 15. Seed
and certified weed-free straw shall be placed on
disturbed areas in the proposed project site (with
the exception of the lower creek banks, creek bed,
and areas below the OHW mark). A jute mesh type
or equivalent matting shall be placed over the
straw, installed per the manufacturer’s instructions.

This matting shall have no plastic incorporated into
it. Substitution of materials or erosion control
methods shall require prior approval of the Town of
Fairfax.
• After construction, the proposed project site shall
be inspected following the first heavy rain, during
the middle of the rainy season and at the end of
the rainy season. During each visit areas of
significant erosion or erosion control device failure
shall be noted and appropriate remedial actions
taken.

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CULTURAL RESOURCES
Mitigation Measure CUL-1. Unknown Cultural Resources
If any archaeological or paleontological deposits are
encountered, all soil-disturbing work shall be halted at the location of any discovery until a qualified archaeologist or paleontologist evaluates the significance of the find(s) and prepares a recommendation for further action. If the
cultural materials are determined to be significant, a
qualified cultural resources professional shall develop an appropriate treatment plan in consultation with the Town.

The plan could include avoidance and preservation
measures to preserve the materials in place; scientific collection and analysis; preparation of a professional report in accordance with current professional standards; and
professional museum curation of collected cultural
materials and resource documentation.

Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Prior to ground
disturbance at the
Project site
Initials
____________
Date
______________
Mitigation Measure CUL-2. Human Remains
In the event of post-review discoveries of human remains, the project shall implement the following procedures:
• The treatment of human remains and of associated
or unassociated funerary objects discovered during
any soil-disturbing activity within the project shall
comply with applicable State laws. Pursuant to
Section 7050.5 of the Health and Safety Code, and
PRC Section 5097.94, in the event of the discovery of
human remains during construction, there shall be
no further excavation or disturbance of the site or
any nearby area reasonably suspected to overlie
adjacent remains. The Marin County Coroner shall
be immediately notified and shall make a
Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: Throughout
Project construction
Initials
____________
Date
______________
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determination as to whether the remains are Native
American.

In the event of the coroner's determination that the human remains are Native American, notification of the NAHC, is required who shall appoint a Most Likely Descendant
(MLD) (PRC Section 5097.98). The archaeological
consultant, project sponsor, and MLD shall make all
reasonable efforts to develop an agreement for the
treatment, with appropriate dignity, of human remains and associated or unassociated funerary objects (CEQA
Guidelines Section 15064.5(d)). The agreement should take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, curation, and final disposition of the human remains and associated or
unassociated funerary objects. California Public Resources Code allows 48 hours to reach agreement on these
matters. If the MLD and the other parties do not agree on the reburial method, the project shall follow PRC Section 5097.98(b) which states that "the landowner or his or her authorized representative shall reinter the human remains and items associated with Native American burials with
appropriate dignity on the property in a location not
subject to further subsurface disturbance."
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NOISE
Mitigation Measure NOISE–1: Construction Noise
The Town of Fairfax General Plan identifies two policy
goals to reduce the potential for impacts associated with construction or maintenance operations:

Policy N-3.1.4: Implement appropriate standard
controls (e.g., some or all of Stand Controls A-H)
for all construction projects.

Policy N-3.1.5: Consider CEQA review for
construction projects lasting more than 18 months,
and submittal of detailed construction noise
management plans.

The Town of Fairfax has developed a list of Standard
Controls to comply with Policy N-3.1.4. The project shall comply with the following measures:

9. With the exception of deck sealing work on
Canyon Road Bridge that would occur over one
night, limit construction to the hours of 8:00
a.m. to 5:00 p.m. on weekdays, and 9:00 a.m.
to 5:00 p.m. on Saturdays, with no noisegenerating construction on Sundays or Holidays.

10. Control noise from construction workers’ radios
to the point where they are not audible at
existing residences that border the project site.

11. Equip all internal combustion engine-driven
equipment with mufflers which are in good
condition and appropriate for the equipment.

12. Utilize quite models of air compressors and
other stationary noise sources where technology
exists.

Implementation
Responsibility: Town of
Fairfax
Implementation
Timing: For duration of
construction
Initials
____________
Date
______________
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13. Locate stationary noise-generating equipment
as far as possible from sensitive receptors when
sensitive receptors adjoin or are near a
construction project area.

14. Prohibit unnecessary idling of internal
combustion engines.

15. Notify residents adjacent to the project sites of
the construction schedule in writing.

16. Designate a noise disturbance coordinator who
would be responsible for responding to any
local complaints about construction noise. The
disturbance coordinator would determine the
cause of the noise complaints (e.g., starting too
early, bad mufflers) and institute reasonable
measure warranted to correct the problem.

Conspicuously post a telephone number for the
disturbance coordinator at the construction site.

In addition, the project shall follow the standard
construction noise requirements regulated by Caltrans
Sections 7-1.01I and 14-8.02 of the Standard Specifications which states the following:

3. Do not exceed 86 dBA at 50 feet from the job
site activities from 9 p.m. to 6 a.m.

4. Equip any internal combustion engines with the
manufacturer-recommended muffler. Do not
operate an internal combustion engine on the
job site without the appropriate muffler.

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7.0 REFERENCES
Altman, B. and R. Sallabanks. 2000. Olive-sided Flycatcher (Contopus cooperi). In The Birds of North America, No. 502 (A. Poole and F. Gill, Ed.). The Birds of North America, Inc. Philadelphia, PA.

Bay Area Air Quality Management District (BAAQMD). 2017a. Air Quality Standards and Attainment Status. Available online at: https://www.baaqmd.gov/about-air-quality/researchand-data/air-quality-standards-and-attainment-status. Accessed July 2025.

Bay Area Air Quality Management District (BAAQMD). 2017b. Final 2017 Clean Air Plan.

Available online at: https://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017- clean-air-plan/attachment-a_-proposed-final-cap-vol-1-pdf.pdf. Accessed July 2025.

Bay Area Air Quality Management District (BAAQMD). 2022. 2022 CEQA Guidelines. Available online at https://www.baaqmd.gov/plans-and-climate/california-environmental-quality-actceqa/updated-ceqa-guidelines. Accessed September 17, 2024.

California Department of Conservation (CDOC). 2025. California Important Farmland Finder.

Available online at:
https://www.arcgis.com/home/item.html?id=8ab78d6c403b402786cc231941d1b929. Accessed July 2025.

California Department of Forestry and Fire Protection (CAL FIRE). 2024. Fire Hazard Severity Zone Viewer. Available online at: https://fire-hazard-severity-zones-rollout-calfireforestry.hub.arcgis.com/pages/access-map. Accessed August 25, 2025.

California Department of Transportation (Caltrans). 2018. California State Scenic Highway System Map. Available online at:
https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa.

Accessed July 2025.

California Department of Transportation (Caltrans). 2022. Bridge Inspection Report Routine Inspection: Bridge No. 27C0146 – Canyon Road, San Anselmo Creek. Department of Transportation – Division and Maintenance.

California Department of Transportation (CalTrans). 2024. Bridge Preventative Maintenance Program (BPMP) Guidelines for Local Agencies. Published April 2024. Available at:
https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/hbp/2024/bpmpguidelines-april2024.pdf. Accessed August 2025.

California Department of Water Resources. 2025. Groundwater Basin Boundary Assessment Tool.

Available online at: https://gis.water.ca.gov/app/bbat/. Accessed August 2025.

California Geological Survey (CGS). 2025. Earthquake Zones of Required Investigation. Available online at: https://maps.conservation.ca.gov/cgs/informationwarehouse/eqzapp/. Accessed August 2025.

Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 159
Cicero, C. 2000. Oak titmouse (Baeolophus inornatus). In The Birds of North America Online (A.

Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online:
http://bna.birds.cornell.edu/bna/species/485a
County of Marin. 2025. MarinMap – Map Viewer. Available online at:
https://experience.arcgis.com/experience/8f2b67be060945d48e779eac2d2bc1df#data_s=id%3Adat aSource_6-19668e2f6a8-layer-126-19778f4d8ae-layer-343%3A57798. Accessed August 2025.

Federal Emergency Management Agency (FEMA). 1977. Flood Insurance Study, Town of Fairfax, California.

Governor’s Office of Planning and Research, State of California General Plan Guidelines, October 2003 (in coordination with the California Department of Health Services).

Governor’s Office of Planning and Research (OPR). 2018. CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review. Governor's Office of Planning and Research Technical Advisory: Sacramento.

Highway Research Board. 1971. National Cooperative Highway Research Program Report 117, Highway Noise: A Design Guide for Highway Engineers. Available online at:
https://onlinepubs.trb.org/Onlinepubs/nchrp/nchrp_rpt_117.pdf. Accessed August 2025.

Lowther, Peter E. 2000. Nuttall's Woodpecker (Picoides nuttallii), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: http://bna.birds.cornell.edu/bna/species/555.

Marin Municipal Water District (MMWD). March 2017. Water Resources Plan 2040. Available at:
https://www.marinwater.org/sites/default/files/2020-09/Water%20Resources%20Plan%202040.pdf.

Accessed August 7, 2025.

Marin Municipal Water District. 2023. About Our Water System. Available online at:
https://www.marinwater.org/OurSystem#:~:text=Chartered%20in%201912%2C%20Marin%20Water,w ater%20within%20its%20distribution%20system. Accessed August 2025.

Miller Pacific Engineering Group. 2014. Geotechnical Consultation Memorandum. File 1665.03bpmpltr.doc. Novato, California.

Natural Resource Conservation Service (NRCS). 2019. Web Soil Survey. Available online at:
https://websoilsurvey.nrcs.usda.gov/app/. Accessed August 2025.

Office of Environmental Health Hazard Assessment (OEHHA). 2015. Air Toxics Hot Spots Program.

Risk Assessment Guidelines, Guidance Manual for Preparation of Health Risk Assessments.

Published February 2015. Available online at:
https://oehha.ca.gov/sites/default/files/media/downloads/crnr/2015guidancemanual.pdf. Accessed July 2025.

Ross Valley Fire Department (RVFD) and Town of Fairfax. 2025. Your neighborhood zones.

Available online at: https://firesafemarin.org/prepare-yourself/evacuation-guide/evacuationmaps/#gsc.tab=0. Accessed August 2025.

Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 160
San Francisco Bay Regional Water Quality Control Board. 2017. Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin. Available online at:
https://www.waterboards.ca.gov/sanfranciscobay/basin_planning.html. Accessed October 2025.

Town of Fairfax. 2021. Fairfax Climate Action Plan 2030. Adopted by the Fairfax Town Council on July 7, 2021. Available online at https://www.townoffairfax.org/documents/climate-actionplan_2030/.

U.S. Fish and Wildlife Service (USFWS). 2012. Protocol for surveying proposed management activities that may impact northern spotted owl. Revised. Available online at:
http://www.fws.gov/yreka/ES/2012RevisedNSOprotocol-2-15-12.pdf. Accessed September 2017.

U.S. Geological Survey (USGS) Working Group on California Earthquake Probabilities. 2003.

Earthquake Probabilities in the San Francisco Bay Region 2002-2031. Open File Report 03-214.

U.S. Department of the Interior, U.S. Geological Survey.

Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 Appendix A
APPENDIX A. CANYON ROAD BRIDGE ARBORIST REPORT
(.
11/18/14
Canyon Rd. Bridge Project Arborist
The primary engineering question poised to me was: "Will the soil nails adversely impact the health and safety of the redwood tree/s? « 1 WRA, Inc.
2169-6 East Francisco Blvd
San Rafael, California 94901
For: Town of Fairfax BPMP
Canyon Rd. Bridge Project
Based on my observation of the exposed roots of toppled and eroded redwood trees and my study of tree physiology, I would expect that any damage caused by the drilling of the holes in order to install the soil nails would not significantly impact the health or stability of the redwood trees.

The wall will require ‘Soil Nails’ to secure it into a substrate of solid ground in order to secure the wall from toppling into San Anselmo Creek due to soil slump. A soil nail is a metal rod that is grouted into a 4” diameter hole drilled cross sectionally to a length of about 15*.

Scope of Work:

Attend a meeting with team to discuss preservation measures for a Redwood tree immediately adjacent to Canyon Road Bridge in Fairfax, California.

Prepare a letter with comments to share with team for review.

To that effort:

The following comments and recommendations are in response to an informational meeting presenting construction requirements for the installation of an engineered concrete wall adjacent to a cluster of 3 redwood trees, Sequoia sempervirens, co-joined on a single base growing at the North end of Canyon Road Bridge in Fairfax, California.

BROOKS TREE CARE
54 Claire Way
Tiburon California 94920
415.388.1232
2 A question about the compatibility of the concrete grout that will encapsulate the steel rods when in contact with the roots was also raised. It is of no concern to me based on my experience with excavated and severed redwood tree roots in direct contact with freshly poured concrete that I have observed in previous construction projects. These trees have shown no ill effect, initially or after prolonged monitoring from exposure to the chemical compounds of cement.

If my conclusion is wrong, the damage would be observable by seeing limb or tree part death, or loss of vigor in the canopies of the tree/s and mediation actions can be taken. Pre-emptive foliar crown reduction could be done in advance of drilling operations as a precautionary action.

My greater concern was for the ability of the wall to sustain the forces of the continually expanding roots and trunk. This concern was addressed by including an expansion joint/s into the final design that the engineer will include.

In order to detect any significant damage to the trees roots, I recommend a monitoring program that would consist of visiting the site, post drilling, by a 30-, 60- and 90-day interval, followed by a site visit one-year later. If I am retained to do the monitoring, I would need to know who to address any concerns raised during monitoring. It should be noted that presently the architecture of the trees is less than optimal. I am not willing to comment further because I did not do a thorough examination of the trees foliar crowns, as it was not part of the scope of work I was contracted for.

On exploration of the existing conditions of the tree in relation to the stacked bags of concrete that are presently at the location, it was observed that the tree's base has expanded and swelled onto and around the top of the existing wall. The engineer noted the condition and opined that a cutout can be designed into the wall to allow for the swelling in order to avoid cutting into the tree or roots.

It is impossible to know with absolute certainty that, if, root/s that could be severed by the drilling, might be part of a major trunk line that leads to a sizable amount of root system loss. The assumption being that this potential loss would lead to the tree’s mortality, or compromised vigor and aesthetics or safety concerns due to limb or tree parts loss or tree stability issues.

Based on the number and assumed locations of the soil nails, I would not expect to encounter major trunk line roots. I expect that any damage inflicted on the secondary branching of the root system would heal over and recover most of it’s original function quickly due to tree root system’s abilities to fuse and redirect carrying capacity of fluid in both storage and delivery directions.

The amount of expected root damage is highly improbable to cause health problems, death or tree stability problems.
3 After the concrete for the wall is properly cured, backfilling the voids around the roots should be done with a substrate that is of a courser texture and of near equal Ph to the present soil in order to keep oxygen permeation active. I need more information to understand the backfilling process. It occurs to me that the backfill may have to be installed via a slurry method, which leads to a question of drainage considerations for the wall.

Peter Brooks
Certified Arborist #319
Tree Risk Assessor Qualified
The existing wall was observed to have moved towards the creek from its presumed original location. It is unknown whether the wall has moved due to soil slump or tree expansion.

During construction of the new wall, it needs to be understood that cutting into the tree or cutting roots is to be avoided to the greatest degree possible. I will need to see the extent of any root cutting before cuts are made to determine probable result of cuts and to discuss remediation action. It is my expectation that this ideal will be understood and shared with the wall constructors.

In conclusion, I expect that the construction of an engineered concrete wall with allowances made for the expected expansion of the tree will be compatible with the continued health, vigor and stability of the redwood tree/s.

In order to assure best practices for the tree’s preservation, I will need to examine the roots and base after the existing wall is removed in preparation for the construction of the new wall. These observations could prove to be critical for recommendations to the engineer if unsuspected conditions are present.

I will need to understand how drilling equipment and support machinery will be staged and what type of access will be required to allow for operations to determine if the tree/s would have to be pruned or armored to protect them from impact. An exclusion fence will need to be installed to the greatest extent possible around the trees/s and possibly other root zone compaction disbursement measures will need to be installed to protect the roots from soils compaction caused by vehicle and footprint impact.

Bridge Preventative Maintenance Program · Town of Fairfax Final Initial Study/Mitigated Negative Declaration | April 2026 Appendix B
APPENDIX B. NATURAL ENVIRONMENT STUDIES
(.

Proposed Marin Road Bridge
BPMP Project
Natural Environment Study
Marin Road Bridge BPMP
Town of Fairfax, Marin County
Bridge Number: 27C 0143
Project Number: BPMP 5277 (026)
Locator: [District 4]-[MRN]-[0]-[FRFX]
September 2017
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2 Etithltrans CALIFORNIA DEPARTMENT OF TRANSPORTATION

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S, Principal
Prepared By: / Date: 2/8/0/7
Micki Kelly/PWS
4 Prepared By: Date:

Date: G131+
Date:

Date:

For individuals with sensory disabilities, this document is available in Braille, large print, on audiocassette, or computer disk. To obtain a copy in one of these alternate formats, please call or write to Caltrans, Attn: Local Assistance, District 4, 111 Grand Avenue, Oakland, California 94623; (510) 286- 6371 Voice, or use the California Relay Service (800) 735-2929 (TTY), (800) 735-2929 (Voice) or 711.

Patricia Valcarcel, Wildlife Biologist
415-524-7252
WRA, Inc.

San Rafael, California
415-482-9703
Kelly Biological Consulting
l517
Concurred By: ________________________________
Thomas Holstein, Environmental Branch Chief
510-286-6371
Office of Local Assistance
Caltrans, District 4
Oakland, California
Recommended for Concurrence by (Caltrans):

Hugo Ahumada, Associate Environmental Planner
510-622-8790
Office of Local Assistance District 4
Caltrans, District 4
Oakland, California
Approved By: AM
Garrett Toy, Town Manager
415-453-1584 V
Town of Fairfax
Fairfax, California
Proposed Marin Road Bridge
BPMP Project
Natural Environment Study

STATE OF CALIFORNIA
Department of Transportation
Town of Fairfax
BPMP 5277 (026)
San Anselmo, CA labL./
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Proposed Marin Road Bridge BPMP Project NES i September 2017 Summary
Purpose and Need.

Caltrans determined that Marin Road Bridge over Fairfax Creek, in Fairfax needs preventative maintenance work. The purpose of conducting the repair work is to extend the life of the bridge.

Project Description
Marin Road is a single span concrete earth-filled closed arch structure, constructed over Fairfax Creek presumably circa 1930. The bridge is on a residential street leading to Sir Francis Drake Boulevard, a major arterial through the town of Fairfax. The structure is approximately 41 feet long and a little over 26 feet wide. It supports two lanes of traffic nearly 10 feet above the creek bed. There are no as-built plans available from the original design of the bridge, though a new General Plan (GP) from field measurements has been developed for the bridge. There are no sidewalks on the bridge but a separate steel pedestrian/bicycle bridge exists for non-motorized travelers immediately upstream of this bridge. (The latter bridge is not in the program.)
Marin Road Bridge is not eligible for National Register of Historic Places (NRHP) listing.

It has a Sufficiency Rating (SR) of 60.0, but is flagged as neither Structurally Deficient (SD) nor Functionally Obsolete (FO) in the latest (2016) Caltrans Bridge Inspection Report (BIR).

The BPMP repairs for Marin Road Bridge and the method of construction would consist of:
 Repair of the toppling bridge wingwall. The leaning, rotating and separated concrete wingwall on the southeast side (downstream of the bridge) would be repaired in-situ. The wingwall is approximately 10 feet long and eight feet high. It would be reconnected to the existing bridge with steel dowels and rebar tied to its reinforcement, exposed by removing a strip of the wingwall concrete next to the bridge. The wingwall would be surfaced with a fresh layer of lightly-reinforced airblown concrete (shotcrete), and stabilized with at least a couple of soil nails pinning it to the soil.
 Repair of the tattered rock slope protection (RSP) around the above wingwall. The light rocks making up the scattered riprap would be collected and a course of rock riprap would be sized suitable for the top anticipated creek flow velocity. The soil volume below the bottom of the wingwall would be excavated along the front for a width and depth of two feet each to create a trench to place the rock in as a buttress against future scour. On the free edge of the wingwall not connecting with the bridge headwall a similar type of excavation would take place to place rock and connect to the RSP buttressing at the foot of the wall. The surface of the rock riprap would be flush with concrete wingwall, the creek bed and the embankment in order not to protrude into the waterway and impact the flows or flow capacity.  Repair of the structural damage to another wingwall. This second wingwall is on northwest side (upstream of the bridge) and vertical. It comes into the bridge headwall at an angle and is undermined, cracked horizontally near the bottom for five-six feet and dropped five to six inches below the crack due to gravity. The repair work would consist of cleaning the damaged and cracked concrete, patching the crack with special grout to prevent the further deterioration of this bridge Proposed Marin Road Bridge BPMP Project NES ii September 2017 structural element and burying some rock below the creek bed surface and in front of the wingwall to arrest its further undermining. Again, the surface of the rock riprap would be flush with the creek bed in order not to protrude into the waterway and impact the flows or flow capacity.
 Repair of structural concrete spalls in the soffit of the structure. This is a manual operation on a handful of such structurally damaged spots in the concrete. After cleaning the rust from the steel rebars and removing the unsound concrete within the spall, a special agent, such as epoxy grout, would be applied and made flush with the concrete surfaces to protect the reinforcement and patch the concrete.

An Area of Potential Effects (APE) drawing and a preliminary Bridge General Plan for the repairs have been developed for this bridge work. The work would be at both the deck and below deck levels and is expected to take as many as ten working days from start to finish. The bridge would remain entirely open to motorized and non-motorized traffic. A flag person directing traffic at times may be necessary but traffic queuing is not expected.

Habitat Impacts
No permanent impacts are anticipated to occur from the proposed project. However, the proposed project would temporarily impact 2,613 square feet (0.06 acre, approximately 295 linear feet) of Perennial Stream (“other waters”). No other temporary impacts direct or indirect are anticipated.

Special-Status Species
The project would not adversely affect special-status plants, special-status wildlife species, or breeding birds. Although no special-status fish species are anticipated to be present, the project may affect, but is not likely to adversely affect Pacific Salmonid Essential Fish Habitat (EFH). Informal consultation with National Marine Fisheries Service (NMFS) would be required to assess impacts of the proposed project as well as to provide avoidance and minimization measures to be implemented to reduce impacts to EFH and fish passage.

The proposed project construction would result in temporary effects to EFH; however, no permanent adverse effects are anticipated to EFH. The proposed project is scheduled to occur during the dry season when flows are low and fish are least likely to be present or passing through the BSA. A total barrier to anadromous fish including steelhead is present downstream of the BSA. There is no potential for steelhead to be present under current conditions; however, future restoration efforts may restore anadromy to the BSA.

One pool is present in the work area and will be de-watered during project activities. If stream flow is present, temporary stream diversion and de-watering activities may be necessary. Following consultation with NMFS, if fish are present, a fish rescue would be conducted to relocate any native fish present during project de-watering activities. The bridge work would add material beneath the bed of the creek but would not add material to the surface of the creek, create a barrier across the channel, decrease flows, change substrate size, or channelize the stream. The stream channel and banks would be restored to near pre-project conditions following the completion of bridge work, recreating the gradient which currently exists. The proposed project would use the previously excavated cobble and gravel substrate to mimic the channel conditions prior to excavation including creek gradient. As such, the project would not change fish passage conditions. Temporary impacts to EFH are anticipated during proposed project activities through temporary de-watering, ground disturbance, and temporary stream diversion, if necessary. No permanent adverse effects to EFH are anticipated because Proposed Marin Road Bridge BPMP Project NES iii September 2017 fish passage conditions and available habitat would remain unchanged following completion of the proposed project and the BSA does not contain spawning or rearing habitat. To summarize, the project may affect, but is not likely to adversely affect EFH for Pacific salmonids.

Invasive Species
The species found in the BSA that are listed on the Cal-IPC list as High are fennel (Foeniculum vulgare), English ivy (Hedera helix), French broom (Genista monspessulana), Himalayan blackberry, and hedgehog dogtail (Cynosurus echinatus).

Several species with moderate rating were also observed, big-leaf periwinkle (Vinca major), Italian thistle (Carduus pycnocephalus), slender wild oat (Avena barbata), panic grass (Ehrharta erecta), Bermuda buttercup (Oxalis pes-carpe), sheep sorrel (Rumex acetosella). The proposed project will remove individuals of those species in areas where the vegetation is removed for construction activities, and stabilize the soil with appropriate erosion control measures, as needed.

New Zealand mud snail (NZMS; Potamopyrgus antipodarum) are documented within Fairfax Creek. Measures such a washing equipment are included here to avoid the spread of the mud snail. With implementation of the avoidance and minimization efforts discussed in this text, the proposed project would not result in the spread of invasive species.

Resource Permits
There would be impacts to the Perennial Stream (i.e. “other waters” or ‘Waters’). A preliminary Jurisdictional Determination would be submitted to the United States Army Corps of Engineers (USACE) for verification. Permits that would be required include a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (CFGC 1602), Regional Water Quality Control Board (RWQCB) Clean Water Act (CWA) 401 certification, and USACE CWA 404 nationwide permit. In May 2016, CDFW and RWQCB indicated that depending on level of impacts, compensatory mitigation may be necessary.

Proposed Marin Road Bridge BPMP Project NES iv September 2017 This page intentionally left blank
Proposed Marin Road Bridge BPMP Project NES v September 2017 Table of Contents
Summary.......................................................................................................................... i Chapter 1 – Introduction.................................................................................................. 1 Chapter 2 – Study Methods............................................................................................. 7 Regulatory Requirements ............................................................................................ 7 Wetland and Waters................................................................................................. 8 Invasive Species ...................................................................................................... 9 Protected Species .................................................................................................... 9 Local Policies and Ordinances ...............................................................................11 Studies Required .......................................................................................................11 Personnel and Survey Dates .....................................................................................14 Agency Coordination and Professional Contacts .......................................................14 Limitations That May Influence Results......................................................................14 Chapter 3 – Results: Environmental Setting ..................................................................15 Existing Biological and Physical Conditions ...............................................................15 Biological Study Area .............................................................................................15 Physical Conditions................................................................................................15 Biological Conditions in the BSA ............................................................................16 Invasive Species ....................................................................................................19 Regional Species and Habitats and Natural Communities of Concern.......................19 Chapter 4 – Results: Biological Resources, Discussion of Impacts and Mitigation ........57 Habitats and Natural Communities of Special Concern..............................................57 Riparian WOODLAND............................................................................................57 Perennial Stream (“Other Waters”).........................................................................58 Special-Status Plant Species.....................................................................................63 Special-Status Wildlife Species..................................................................................64 EFH and Fish Passage ..........................................................................................69 Special-Status and non-Special-Status Nesting Birds ............................................71 Chapter 5 – Conclusions and Regulatory Determinations .............................................74 Federal Endangered Species Act Consultation Summary..........................................74 Essential Fish Habitat Consultation Summary ...........................................................74 California Endangered Species Act Consultation Summary.......................................74 Wetlands and Other Waters Coordination Summary..................................................74 Invasive Species........................................................................................................74 Other .........................................................................................................................75 Chapter 6 – References ................................................................................................76 Proposed Marin Road Bridge BPMP Project NES vi September 2017 List of Figures
Figure 1. Location Map...................................................................................................3 Figure 2. Proposed Bridge Plan .....................................................................................5 Figure 3a. Biological Communities within the Biological Study Area.............................17 Figure 3b. Biological Communities Impacted within the Biological Study Area .............59 Figure 4. Special-Status Plant Species within 5 kilometers (3 miles) of the Biological Study Area .............................................................................................................65 Figure 5. Special-Status Wildlife Species within 5 kilometers (3 miles) of the Biological Study Area .............................................................................................................67 List of Tables
Table 1: Listed, Proposed Species, and Critical Habitat Potentially Occurring or Known to Occur in the BSA................................................................................................21 Table 2: Direct Impacts of the Proposed Project to Natural Communities of Special Concern. ................................................................................................................57 Table 3: Direct Impacts of the Proposed Project to Jurisdictional Areas by Agency.......57 List of Appendices
Appendix A – Plant and Wildlife Species Observed during the Site Visits Appendix B – USFWS Official Species List
Appendix C – Preparers Qualifications
Proposed Marin Road Bridge BPMP Project NES 1 September 2017 Chapter 1 – Introduction
Purpose and Need
Caltrans determined that Marin Road Bridge, in the Town of Fairfax (Town) over Fairfax Creek needs preventative maintenance work (discussed below). The purpose of conducting the repair work is to extend the life of the bridge.

Background on Proposed Fairfax BPMP (Multi-bridge) Project The entire Fairfax BPMP (Multi-bridge) Project consists of three existing bridges proposed to undergo preventive maintenance repairs through the HBP’s Bridge Preventive Maintenance Program (BPMP). Two of the bridges, on Marin Road and Spruce Road, are within a few blocks of each other, while the third creek crossing, Canyon Road Bridge, is approximately 2.35 miles away from the other two. This NES addresses Marin Road Bridge. The other two bridges have separate NES documents.

For bridges that require work in the creek, it would be done during the dry season and the environmentally permissible window when these segments of the waterway are at their lowest flow rates. The work area would be dewatered by temporarily diverting any potential flows from the work area, using means such as short dams made with sand bags, and/or longitudinal piping to bypass the work areas. Stagnant water would be pumped out to create a completely dry work area. Best Management Practice (BMP) measures and a Water Quality Protection Plan would be implemented throughout the work period. Old debris and drift would be removed from the waterway. Water quality and turbidity would be controlled by the contractor and periodic tests required by the permits would be performed.

No trees would be cut for the construction operations. However, limited trimming and cutting of vegetation around the worksite, as well as clearing and grubbing, are expected. For application of methacrylate and polyester concrete, the contractor would be required to conform to the recommendations of a certified industrial hygienist for safe worksite operations. Hours of operations would be limited to regular daylight work hours, but at least one nighttime operation may be expected.

Most of the various construction equipment used at the three sites would be relatively compact, including air compressors, generators, a shot blaster, shotcrete pumps and hoses, concrete saws, concrete chipping guns and drills, and soil drilling equipment.

Construction vehicles moving in and out of the construction area would be a small loader, such as a Bobcat with backhoe or bucket attachments, polyester concrete mix truck, paver, roller, small excavator, a cold planing machine, snooper lift truck, utility pickup trucks, flatbed trucks, dump trucks, dump trailers, a truck-mounted crane, concrete delivery trucks and a testing van. These vehicles and equipment would not be all at the site at the same time but move in and out, and would be staged within the APEs, as needed. No new easement or temporary or permanent right-of-way (ROW) would be necessary. Also, no utility relocations would be necessary for the work on any of the three bridges. All access to the project and staging areas would be via the areas within the APEs. Equipment, large or small, would be lowered onto the creek bed with a truck-mounted crane to avoid ramping from the top to the creek bed for vehicles. Work would be taking place both from the bridge topside as well as down below in the creek at two locations (Marin and Canyon). The operations would be done manually, as well as Proposed Marin Road Bridge BPMP Project NES 2 September 2017 with power equipment. Rocks for riprap would also be lowered one by one onto the needed areas with a crane.

Proper signage, indicating construction ahead and any road closure, would be installed at all three sites on both sides of each bridge.

Project Description for the Proposed Marin Road Bridge
Marin Road is a single span concrete earth-filled closed arch structure, constructed over Fairfax Creek presumably circa 1930. The bridge is on a residential street leading to Sir Francis Drake Boulevard, a major arterial through the town of Fairfax. The structure is approximately 41 feet long and a little over 26 feet wide. It supports two lanes of traffic nearly 10 feet above the creek bed. There are no as-built plans available from the original design of the bridge, though a new General Plan (GP) from field measurements has been developed for the bridge. There are no sidewalks on the bridge but a separate steel pedestrian/bicycle bridge exists for non-motorized travelers immediately upstream of this bridge. (The latter bridge is not in the program.) Marin Road Bridge is not eligible for National Register of Historic Places (NRHP) listing.

It has a Sufficiency Rating (SR) of 60.0, but is flagged as neither Structurally Deficient (SD) nor Functionally Obsolete (FO) in the latest (2016) Caltrans Bridge Inspection Report (BIR).

The Marin Road Bridge Biological Study Area (BSA) is shown in Figure 1. The plans are provided in Figure 2. The BPMP repairs for Marin Road Bridge and the method of construction would consist of:
 Repair of the toppling bridge wingwall. The leaning, rotating and separated concrete wingwall on the southeast side (downstream of the bridge) would be repaired in-situ. The wingwall is approximately 10 feet long and eight feet high.

It would be reconnected to the existing bridge with steel dowels and rebar tied to its reinforcement, exposed by removing a strip of the wingwall concrete next to the bridge. The wingwall would be surfaced with a fresh layer of lightlyreinforced air-blown concrete (shotcrete), and stabilized with at least a couple of soil nails pinning it to the soil. Soil nails are steel tension elements placed in holes drilled through the concrete wingwall and the soil behind it for a distance of approximately 15’-20’, inclined at an angle of 15 degrees. The ends of these tension elements are buried in a bulb of grout pumped into the end of the drilled hole, called bond zone, allowing the bond zone to mobilize the soil through friction. The other end of the tension elements would protrude out of the wingwall surface and be buried in the wingwall concrete overlay, anchored with special hardware and tensioned slightly to take the slack out of the line, creating a fastening system that would disallow the future movements of the wingwall.  Repair of the tattered rock slope protection (RSP) around the above wingwall.

The light rocks making up the scattered riprap would be collected and a course of rock riprap would be sized suitable for the top anticipated creek flow velocity.

The soil volume below the bottom of the wingwall would be excavated along the front for a width and depth of two feet each to create a trench to place the rock in as a buttress against future scour. On the free edge of the wingwall not connecting with the bridge headwall a similar type of excavation would take place to place rock and connect to the RSP buttressing at the foot of the wall, in essence, surrounding the two exposed edges of the wingwall with rock riprap.

Excavation at the edge of the wingwall for the RSP would be done manually and Figure 1. Biological Study Area Location Map
Bridge Preventative Maintenance Program
Marin Road Bridge NES
Marin County, California
.

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PREPARED FOR THE

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Proposed Marin Road Bridge BPMP Project NES 6 September 2017 This page intentionally left blank
Proposed Marin Road Bridge BPMP Project NES 7 September 2017 with small power equipment. The surface of the rock riprap would be flush with concrete wingwall, the creek bed and the embankment in order not to protrude into the waterway and impact the flows or flow capacity. The trenches housing the RSP would be lined up with special geotextile fabric to prevent the migration of the finely grained soil particles and erosion of the soil around the rock.  Repair of the structural damage to another wingwall. This second wingwall is on northwest side (upstream of the bridge) and vertical. It comes into the bridge headwall at an angle and is undermined, cracked horizontally near the bottom for five-six feet and dropped five to six inches below the crack due to gravity. The repair work would consist of cleaning the damaged and cracked concrete, patching the crack with special grout to prevent the further deterioration of this bridge structural element and burying some rock below the creek bed surface and in front of the wingwall to arrest its further undermining. Again, the surface of the rock riprap would be flush with the creek bed in order not to protrude into the waterway and impact the flows or flow capacity. Geotextile lining would be placed around the rock riprap here as well.
 Repair of structural concrete spalls in the soffit of the structure. This is a manual operation on a handful of such structurally damaged spots in the concrete. After cleaning the rust from the steel rebars and removing the unsound concrete within the spall, a special agent, such as epoxy grout, would be applied and made flush with the concrete surfaces to protect the reinforcement and patch the concrete.

An Area of Potential Effects (APE) drawing and a preliminary Bridge General Plan for the repairs have been developed for this bridge work. The work will be at both the deck and below deck levels and is expected to take as many as ten working days from start to finish. The bridge will remain entirely open to motorized and non-motorized traffic. A flag person directing traffic at times may be necessary but traffic queuing is not expected.

Chapter 2 – Study Methods
The Town’s consultants, Kelly Biological Consulting’s plant ecologist Micki Kelly, PWS and WRA’s fish and wildlife biologists Dan Chase and Nick Brinton conducted biological resources studies in the Spring/Summer of 2015, 2016 and Spring 2017. The studies included a biological resources assessment, special-status plant surveys, and a delineation of Section 404 jurisdictional areas within the proposed Marin Road Bridge BPMP Project Biological Study Area (BSA) in the Town of Fairfax, Marin County, California. The BSA was examined on foot to determine (1) vegetation communities present, (2) if existing conditions provide suitable habitat for any special-status plant or wildlife species that have a potential to occur within the vicinity of the BSA, and (3) the presence of potential jurisdictional wetlands and “other waters” within the BSA. The BSA and impact areas are shown in Figures 3a and 3b. The special-status species that are known to occur in the vicinity of the Biological Study Area are listed in Table 1 and mapped in Figures 4 and 5. The regulatory framework under which the assessment was conducted and the methods used to conduct the assessment are described in the following section.

Regulatory Requirements
National Environmental Policy Act
The National Environmental Policy Act (NEPA) of 1969 provides a framework which federal agencies must follow in evaluating environmental impacts of their actions.

Proposed Marin Road Bridge BPMP Project NES 8 September 2017 Actions by federal agencies must “use all practicable means and measures” to avoid or lessen impacts to the environment. In 2007, formal guidance for the continuation of a pilot program was issued which allows Caltrans to assume all of the Federal Highway Administration (FHWA) environmental responsibilities under NEPA and other environmental laws (NEPA Delegation). This delegation authority is limited to highway projects, including Local Assistance Federal Aid projects, and specific projects within the State or a programmatic delegation. Therefore, Caltrans must ensure joint projects with FHWA or projects funded with Federal Aid are in compliance with NEPA.

WETLAND AND WATERS
Section 10 of Rivers and Harbors Act of 1899
The Rivers and Harbors Act requires permits in navigable waters of the U.S. for all structures such as riprap and activities such as dredging. The term navigable waters of the United States and all other terms relating to the geographic scope of jurisdiction are defined at 33 CFR part 329. Generally, they are those waters of the United States that are subject to the ebb and flow of the tide shoreward to the mean high water mark, and/or are presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce. The United States Army Corps of Engineers (USACE) grants or denies permits based on the effects on navigation. Fairfax Creek is a tributary to Corte Madera Creek, which is only considered navigable below the College of Marin, approximately 4 miles downstream of the site (http://www.spn.usace.army.mil).

Therefore, this creek is not considered a navigable water subject to the Rivers and Harbors Act.

Clean Water Act (CWA)
The CWA provides guidance for the restoration and maintenance of the chemical, physical, and biological integrity of the nation's waters. Section 404 identifies the United States Army Corps of Engineers (USACE) jurisdiction over fill materials in essentially all water bodies, including wetlands. All federal agencies are required to avoid impacts to wetlands whenever there is a practicable alternative. Section 404 established a permit program administered by USACE regulating the discharge of dredged or fill material into Waters of the US (including wetlands).

Section 401of the CWA requires that an applicant for a federal license or permit, which allows a discharge to Waters of the U.S., obtain a state certification that the discharge complies with other provisions of CWA. The Regional Water Quality Boards (RWQCB) administer the certification program in California. The guidelines allow the discharge of dredged or fill material into the aquatic system only if there is no practicable alternative that would have less adverse impacts.

Executive Order 11990 – Protection of Wetlands
This order established a national policy to avoid adverse impacts to wetlands whenever there is a practicable alternative. The U. S. Department of Transportation (DOT) promulgated DOT Order 5660.1A in 1978 to comply with this direction. On federally funded projects, impacts to wetlands must be identified. Alternatives that avoid wetlands must be considered. If wetland impacts cannot be avoided, then all practicable measures to minimize harm must be included. This must be documented in a specific Wetlands Only Practicable Alternative Finding. An additional requirement is to provide early public involvement in projects affecting wetlands. FHWA provides technical Proposed Marin Road Bridge BPMP Project NES 9 September 2017 assistance (Technical Advisory 6640.8A) and reviews environmental documents for compliance.

California Porter-Cologne Water Quality Control Act
This regulatory law is becoming more prominent on projects involving impacts to isolated Waters of the State (non-404/401 waters). The RWQCB is increasingly requiring Waste Discharge Requirement (WDR) permits for impacts to Waters of the State.

Streams, Lakes, and Riparian Habitat in California
Streams and lakes, as habitat for fish and wildlife species, are subject to the jurisdiction of California Department of Fish and Wildlife (CDFW) under Sections 1600-1616 of California Fish and Game Code. Alterations to, or work within or adjacent to streambeds or lakes, generally require a 1600 series Lake and Streambed Alteration Agreement.

The term “stream”, which includes creeks and rivers, is defined in the California Code of Regulations (CCR) as “a body of water that flows at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life [including] watercourses having a surface or subsurface flow that supports or has supported riparian vegetation” (14 CCR 1.72). In addition, the term “stream” can include ephemeral streams, dry washes, watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance if they support aquatic life, riparian vegetation, or stream-dependent terrestrial wildlife (CDFG 1994). “Riparian” is defined as “on, or pertaining to, the banks of a stream.” Riparian vegetation is defined as “vegetation which occurs in and/or adjacent to a stream and is dependent on, and occurs because of, the stream itself” (CDFG 1994). Removal of riparian vegetation can also require a Lake and Streambed Alteration Agreement from CDFW.

INVASIVE SPECIES
Executive Order 13112 – Invasive Species
On February 3, 1999, President William J. Clinton signed Executive Order 13112 requiring federal agencies to combat the introduction or spread of invasive species in the United States. The order defines invasive species as “any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem whose introduction does or is likely to cause economic or environmental harm or harm to human health." Federal Highway Administration (FHWA) guidance issued August 10, 1999 directs the use of the State’s invasive species list, maintained by the California Invasive Species Council (Cal-IPC 2017) to define the invasive plants that must be considered as part of the National Environmental Policy Act (NEPA) analysis for a proposed project. Under the EO, federal agencies cannot authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless all reasonable measures to minimize risk of harm have been analyzed and considered.

PROTECTED SPECIES
Special-Status Species
Special-status species include those plants and wildlife species that have been formally listed, are proposed as endangered or threatened, or are candidates for such listing under the federal Endangered Species Act or California Endangered Species Act.

Proposed Marin Road Bridge BPMP Project NES 10 September 2017 These acts afford protection to both listed and proposed species. In addition, California Department of Fish and Wildlife Species of Special Concern, which are species that face extirpation in California if current population and habitat trends continue, U.S. Fish and Wildlife Service (USFWS) Birds of Conservation Concern, and CDFW special-status invertebrates are all considered special-status species. Although CDFW Species of Special Concern generally have no special legal status, they are given special consideration under the California Environmental Quality Act (CEQA). Plant species on the California Native Plant Society (CNPS) Rare and Endangered Plant Inventory with California Rare Plant Rank of 1 or 2 are also considered special-status plant species and must be considered under CEQA. Rank 3 and Rank 4 species are afforded little or no protection under CEQA.

Federal Endangered Species Act
The Endangered Species Act (ESA) of 1973, as amended (16 USC 1531 et seq.), was enacted to provide a means to identify and protect endangered and threatened species.

Under Section 9 of the ESA, it is unlawful to take any listed species. “Take” is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting a listed species. “Harass” is defined as an intentional or negligent act or omission, which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering. “Harm” is defined as an act which actually kills or injures fish or wildlife and may include significant habitat modification or degradation which actually kills or injures fish or wildlife by significantly impairing essential behavioral patterns, including breeding, spawning, rearing, migrating, feeding, or sheltering. Actions that may result in “take” of a federal-listed species are subject to USFWS or National Marine Fisheries Service (NMFS) permit issuance and monitoring.

Section 7 of ESA requires federal agencies to ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat for such species. Any action authorized, funded, or carried out by a federal agency or designated proxy (e.g., Caltrans) which has potential to affect listed species requires consultation with the USFWS or the NMFS under Section 7 of the ESA.

Essential Fish Habitat
The Magnuson-Stevens Fishery Conservation and Management Act of 1976 was established to conserve and manage fishery resources found off the coast, as well as anadromous species and Continental Shelf fishery resources of the United States, by exercising (A) sovereign rights for the purposes of exploring, exploiting, conserving, and managing all fish within the exclusive economic zone established by Presidential Proclamation 5030, dated March 10, 1983, and (B) exclusive fishery management authority beyond the exclusive economic zone over such anadromous species, Continental Shelf fishery resources, and fishery resources in special areas.

California Endangered Species Act
CDFW is responsible for administering California Endangered Species Act (CESA, CDFG Code §§2050, et seq.), which prohibits take of species that have been listed, or are considered for listing (candidate species) as threatened or endangered species within the State of California. CESA allows for incidental take of state listed species through issuance of an Incidental Take Permit, or through a Consistency Determination in coordination with a Biological Opinion issued by the USFWS (CDFW Code Section Proposed Marin Road Bridge BPMP Project NES 11 September 2017 2081). In contrast with federal law, the definition of “take” under CESA involves actual harm to one or more members of a listed species and does not extend to modification of habitat not involving direct take.

Migratory Bird Treaty Act
This treaty with Canada, Mexico and Japan makes it unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, or kill migratory birds. The law applies to the removal of nests (such as swallow nests on bridges) occupied by migratory birds during the breeding season. California Fish and Game Code (Sec 3500) also prohibits the destruction of any nest, egg, or nestling.

Other Sensitive Biological Communities
Other sensitive biological communities not discussed above include habitats that fulfill special functions or have special values. Natural communities considered sensitive are those identified in local or regional plans, policies, regulations, or by the CDFW. CDFW ranks sensitive communities as "threatened" or "very threatened" and keeps records of their occurrences in its California Natural Diversity Database (CNDDB; CDFW 2017a).

Sensitive plant communities are also identified by CDFW. CNDDB vegetation alliances are ranked 1 through 5 based on NatureServe's (2010) methodology, with those alliances ranked globally (G) or statewide (S) as 1 through 3 considered sensitive.

Impacts to sensitive natural communities identified in local or regional plans, policies, or regulations or those identified by the CDFW or USFWS must be considered and evaluated under CEQA (CCR Title 14, Div. 6, Chap. 3, Appendix G). Specific habitats may also be identified as sensitive in city or county general plans or ordinances.

LOCAL POLICIES AND ORDINANCES
Tree Protection Ordinance
In 1973, the Town of Fairfax approved Ordinance No. 387 for trees. The purpose of the ordinance is to preserve the wide variety of local native trees and to protect the benefits they provide the citizens. Chapter 8.36.020 of the Town Code defines "altering" and "tree." A Tree Permit is required for removal or significant trimming of any tree, which has a circumference of 24 inches or more measured at 24 inches above the ground. In effect, this is a little less than an 8-inch diameter tree trunk.

Studies Required
The Town’s consultants, Kelly Biological Consulting and WRA conducted field studies in the entire BSA to determine the presence of wetlands and “other waters”, and to evaluate the presence or potential presence of special-status species and sensitive habitats. Methods used during the site visits to make determinations for this NES are described below.

Special-Status Species
Prior to the field site visits to the BSA, the following sources were reviewed to determine which special-status plant and wildlife species have been documented to occur in the vicinity of the BSA:

Proposed Marin Road Bridge BPMP Project NES 12 September 2017  California Natural Diversity Database (CNDDB) records for the Bolinas, Novato, Petaluma Point, Point Bonita, San Francisco North, San Geronimo, San Rafael, San Quentin U.S. Geological Service 7.5’ Quadrangles (CDFW 2017a)  USFWS Information for Planning and Conservation Species Lists (USFWS 2017)  CNPS Inventory of Rare, Threatened, and Endangered Plants of California records for the Bolinas, Novato, Petaluma Point, Point Bonita, San Francisco North, San Geronimo, San Rafael, San Quentin U.S. Geological Service 7.5’ Quadrangles (CNPS 2017)
 CDFW Spotted Owl Database (CDFW 2017b)
 CDFW California Wildlife Habitat Relationships Online Database (CDFW 2017c)  CDFW Passage Assessment Database (CDFW 2017d)
 CDFG publication “California’s Wildlife, Volumes I-III” (Zeiner et al. 1990)  CDFW and University of California Press publication California Amphibian and Reptile Species of Special Concern (Thomson et al. 2016)  A Field Guide to Western Reptiles and Amphibians (Stebbins 2003)  CDFG publication “California Bird Species of Special Concern” (Shuford and Gardali 2008).
 University of California at Davis, Center for Watershed Sciences. Pisces: California Fish Data and Management Software (UC Davis 2017)
 NMFS Species List and Essential Fish Habitat Maps of California (NMFS 2017)  The Marin County Breeding Bird Atlas (Shuford 1993)
 eBird online database (eBird 2017)
 Western Bat Working Group (WBWG) online species accounts (WBWG 2017) Special-Status Species. During the March-May 2015, March-June 2016, and April 2017 site visits, the Town’s consultant Kelly Biological Consulting completed floristic surveys for special-status plant species with flowering periods that overlapped with the timing of the visits. All habitats with potential to support special-status plant species were traversed on foot, and all plant species observed and identifiable were recorded. During this period WRA biologists completed a survey to determine the potential for the BSA to support special-status wildlife species. The studies did not constitute protocol level surveys. Habitat conditions observed in the BSA during the site visits were used to evaluate the potential for presence of special-status species based on literature and database searches and the professional expertise of the investigating biologists. Table 1 presents the evaluation of habitat potential for each special-status plant and wildlife species documented to occur in the vicinity of the BSA. A list of all plant and wildlife species observed during the site visit is provided in Appendix A. The USFWS and NFMS official listing of special-status species with a potential to occur in the proposed project vicinity is provided in Appendix B.

Section 404 “Waters of the U.S.” During the site visit, the BSA was evaluated for the presence of indicators of wetlands and “other waters”. Section 328.3 of the Federal Code of Regulations defines wetlands as:
"Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in Proposed Marin Road Bridge BPMP Project NES 13 September 2017 saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." EPA, 40 CFR 230.3 and CE, 33 CFR 328.3 (b) The methods used to delineate potential jurisdictional wetlands and waters are based on the U.S. Army Corps of Engineers Wetlands Delineation Manual (“Corps Manual”; Environmental Laboratory 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (“Arid West Supplement”; USACE 2008). The routine method for wetland delineation described in the Corps Manual was used to identify areas potentially subject to USACE Section 404 jurisdiction within the BSA.

The BSA was evaluated for the presence or absence of indicators of the three wetland parameters described in the Corps Manual and Arid West Supplement. The three parameters are the presence of: (1) hydrophytic vegetation, (2) wetland hydrology, and (3) hydric soils. According to the Corps Manual, for areas not considered “problem areas” or “atypical situations”:
“... [E]vidence of a minimum of one positive wetland indicator from each parameter (hydrology, soil, and vegetation) must be found in order to make a positive wetland determination."

This study also evaluated the presence of unvegetated “other waters” potentially subject to USACE jurisdiction under Section 404 of the Clean Water Act. Besides wetlands, other areas subject to Corps jurisdiction include lakes, rivers and streams in addition to all areas below the high tide line (HTL) in areas subject to tidal influence. No tidally influenced areas are present in the BSA. Jurisdiction in non-tidal areas extends to the ordinary high water (OHW) mark defined as:
“...that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impresses on the bank, shelving, changes in the characteristics of the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” Federal Register Vol. 51, No. 219, Part 328.3 (e). November 13, 1986.

Identification of the ordinary high water mark at this site followed the USACE Regulatory Guidance Letter No. 05-05, Ordinary High Water Mark Identification (USACE 2005), which provides a list of indicators, such as shelving, natural lines impressed on the bank, wrack lines, scour, and sediment deposition. These indicators were used to map the location of the ordinary high water mark for “other waters” in the BSA.

Vegetation Communities and Sensitive Habitats. Vegetation communities present in the BSA were classified based on plant community descriptions described in A Manual of California Vegetation, 2nd Edition (Sawyer, J., T. Keeler-Wolf and J. Evens. 2009).

However, in some cases it was necessary to identify variants of community types or to describe non-vegetated areas that are not described in the literature.

Biological communities were classified as sensitive or non-sensitive as defined by CEQA. Sensitive plant communities include habitats that fulfill special functions or have special values. Natural communities considered sensitive are those identified in local or regional plans, policies, regulations, or by CDFW. CDFW ranks sensitive communities as ‘threatened’ or ‘very threatened’ and keeps records of their occurrences in its CNDDB. Also, vegetation alliances are ranked 1 through 5 (Sawyer, J., T. Keeler-Wolf and J. Evens. 2009). Alliances ranked globally (G) or statewide (S) as 1 through 3 are Proposed Marin Road Bridge BPMP Project NES 14 September 2017 considered sensitive. Impacts to sensitive natural communities identified in local or regional plans, policies, regulations, or by CDFW or USFWS must be considered and evaluated under CEQA.

Personnel and Survey Dates
The Town’s consultant, Micki Kelly, Certified Professional Wetland Scientist and plant ecologist with 25 years of experience, conducted a wetland delineation on April 12, 2016 and special-status plant surveys on March 16, 2015 as well as April 12 and June 23, 2016 and April 11, 2017. WRA biologists Rob Schell (wildlife biologist) and Daniel Chase (fisheries biologist) conducted the biological resource site visits on November 17, 2014. Nicholas Brinton (fisheries biologist) conducted a follow-up site visit on March 15, 2016. Their qualifications are provided in Appendix C.

Agency Coordination and Professional Contacts
In a May 18, 2016 informal Marin Project Coordination interagency meeting, Ms. Kelly briefly introduced the concept of the Fairfax BPMP bridge project prior to finalize design plans. The CDFW and RWQCB indicated that depending on the level of impact, compensatory mitigation may be necessary. No other agency coordination has been done.

Limitations That May Influence Results
The region was in a multi-year drought, making conditions drier than normal during the 2014-15 work. The wet season 2015-6 rainfall totals were slightly above normal and wet season 2016/2017 are very high (http://www.marinwater.org/300/Water-Watch). The site visits were conducted during daylight hours and consisted of an assessment of likely habitats for special-status plants and wildlife; they did not conform to specific USFWS or NMFS protocols for any species. No detailed fish studies were completed to identify and enumerate fish species present. Data and documents from previous studies in the area were relied upon to evaluate potential presence of fish species.

Proposed Marin Road Bridge BPMP Project NES 15 September 2017 Chapter 3 – Results: Environmental Setting
This section describes the region in which the proposed project will occur. It is intended to explain context and the level of intensity of impacts. It includes a brief description of the area’s topography, soils, habitat, watercourses, and level of human or natural disturbance.

Existing Biological and Physical Conditions

BIOLOGICAL STUDY AREA
The BSA is located on and around the Marin Road Bridge over Fairfax Creek, in the Town of Fairfax, Marin County, California. Marin Road is a local residential road. The BSA covers the areas where the proposed project-related direct or indirect actions such as ground-disturbing, construction, staging, or access activities would occur and goes beyond that to ensure that key biological issues are addressed. Marin Road is a local road in a suburban developed area. The adjacent land use is residential (single family homes). The BSA extends up and downstream from the bridge along the stream corridor covering the primary natural area.

Site elevations range from approximately 100 to 200 feet NAVD88. Surrounding land use is primarily residential. The bridge is located on the San Rafael USGS 7.5-minute quadrangle map at latitude W37.993453, longitude N122.594695.

PHYSICAL CONDITIONS
Topography
Within the BSA the creek has been channelized. The banks are roughly 10 to 20 vertical feet (top of bank to channel) near the bridge. Adjacent to the top of bank, lands are relatively flat.

Hydrology
Fairfax Creek is a blueline stream that is perennial at this location. The principal natural hydrological sources for the BSA are creek flows, direct precipitation, and surface run-off from adjacent lands. Fairfax Creek flows though the BSA towards the south-southeast.

In roughly 0.75 miles, it joins San Anselmo Creek, which turns east, eventually flowing into Corte Madera Creek, then San Francisco Bay, and the Pacific Ocean.

Soils
The soils that occur in the BSA are Xerorthents-Urban land complex (0 to 9 percent slopes) (USDA NRCS 2017). Because Xerorthents-Urban land complex is a composite of many soil types soil taxonomy, and drainage class information is not available.

The lower part of the northwest bank is a vertical concrete wall with a concrete footing, above that, is a narrow band of natural substrate. The other banks near the bridge are generally natural substrate. The northeast and southwest bank appear to be depositional areas. Downstream of the bridge, outside the work area, several homes have retaining walls that abut the creek.

Proposed Marin Road Bridge BPMP Project NES 16 September 2017

BIOLOGICAL CONDITIONS IN THE BSA
Ruderal Disturbed/Developed
The majority of the BSA is Ruderal Disturbed/Developed habitat and includes pavement (Marin Road and driveways), gravel and dirt roadsides, structures (homes and outbuildings), backyards, and landscaping or bare areas. In the areas that are not landscaped, the vegetation is predominately non-native species commonly found in the region, such as English ivy (Hedera helix), big leaf periwinkle (Vinca major), and nonnative grasses and forbs.

Riparian Woodland
An open canopy riparian woodland loosely similar to Box-Elder Forest (Acer Negundo Forest Alliance) (G5, S2.2) (Sawyer, Keeler-Wolf, and Evans 2009) follows a narrow route through the BSA (Figure 3a). The Box-Elder Forest’s G5, S2.2 ranking indicates that it is a natural community of special concern (sensitive) at the state level, though more common in other regions. Within this habitat in the BSA, the overstory species include box elder and white alder (Alnus rhombifolia). Dense box elder shrubs are have colonized the bank that is north of the bridge. The herbaceous/vine layer is comprised mainly of English ivy and Himalayan blackberry (Rubus armeniacus), and scattered grasses and forbs including panic veldtgrass (Ehrharta erecta) and miners lettuce (Claytonia perfoliata).

Perennial Stream (“Other Waters”)
Fairfax Creek is a perennial creek. Flows vary with the rainfall patterns of a given season. It is supported by a local watershed, generally, the western part of the Town of Fairfax and adjacent open space lands. The creek substrate is a mix of small gravel to larger cobble and rock. Indicators of the OHW mark include the slope change at the bed and earthen bank junction and wrack at the edge of the creek bed. The channel width at the OHW mark was used to determine the stream (“other waters”) boundary shown on Figure 3a. The creek is not included on the National System of Wild and Scenic Rivers published by the U.S. Department of the Interior. There are no wetlands in the BSA. The bridge has a concrete headwall and sidewalls, as well as wingwalls on the upstream and downstream banks. Just upstream of the bridge there is a concrete retaining wall along the base of the northwest bank.

Unvegetated Bank
Under the bridge there is a small area above OHW mark, on the northeastern part of the bank that is unvegetated. This area is comprised of exposed bedrock, cobble, and dirt.

Wildlife Species in the BSA
The BSA is situated within riparian and suburban habitat, and wildlife species known to occur in the vicinity include California scrub jay (Aphelocoma californica), acorn woodpecker (Melanerpes formicivorus), green heron (Butorides virescens), American crow (Corvus brachyrhynchos), and fox squirrel (Sciurus niger). The BSA is located upstream of a total fish passage barrier at Bolinas Avenue. Fairfax Creek is not considered anadromous, but does support non-anadromous native fish species.

Map Date: March 2016
Map By: smortensen
Base Source: Esri Stream - Marin County 2014
Bridge Preventative
Maintenance Program
Town of Fairfax,
California
Flow
Marin Rd.

Bothin Rd.

Sir Francis Drake Blvd.
0 20 40 80
Feet
Figure 3a.

Marin Road Bridge
Biological Communities
Path: L:\Acad 2000 Files\22000\22304\GIS\ArcMap\BPMP\Marin Road Bridge\2017\Fig3a_Marin_BioComms_20170622.mxd Biological Study Area - 2.14 ac.

Perennial stream (0.12 ac.)
Riparian Woodland (0.26 ac.)
Ruderal disturbed/Developed (1.75 ac.)
Unvegetated bank (<0.01 ac.)
@wrO

ENVIRONMENTAL CONSULTANTS
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te
■
N
W h E
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2 Proposed Marin Road Bridge BPMP Project NES 18 September 2017 This page intentionally left blank
Proposed Marin Road Bridge BPMP Project NES 19 September 2017

INVASIVE SPECIES
Federal Highway Administration guidance issued August 10, 1999, states that the State’s invasive species list, maintained by the California Invasive Species Council be used to define the invasive plants. The California Invasive Plant Council (Cal-IPC) Inventory and CDFA maintain lists of invasive plant species. Cal-IPC list categorizes plants as High, Moderate, or Limited, reflecting the level of each species’ negative ecological impact in California. Cal-IPC defines High as “species that have severe ecological impacts on physical processes, plant and animal communities, and vegetation structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal and establishment. Most are widely distributed ecologically.” (CalIPC 2017). The species found in the BSA that are listed on the Cal-IPC list as High are fennel (Foeniculum vulgare), English ivy, French broom (Genista monspessulana), Himalayan blackberry, and hedgehog dogtail (Cynosurus echinatus). Several species with moderate rating were also observed, big-leaf periwinkle, Italian thistle (Carduus pycnocephalus), slender wild oat (Avena barbata), panic grass (Ehrharta erecta), Bermuda buttercup (Oxalis pes-carpe), and sheep sorrel (Rumex acetosella).

During construction the several fennel, French broom and Italian thistle individuals within the BSA and in or adjacent to the work area will be removed. The English ivy, Himalayan blackberry, and big-leaf periwinkle, hedgehog dogtail, slender wild oat, panic grass, Bermuda buttercup, and sheep sorrel will be more difficult to eradicate, given that they are common outside the BSA in nearby areas and upstream. The proposed project will remove individuals of those species in areas where the vegetation is removed for construction activities, and stabilize the soil with appropriate erosion control measures, as needed.

New Zealand mud snail (NZMS; Potamopyrgus antipodarum) are documented within Fairfax Creek. Construction equipment such as pumps, tanks, or heavy equipment which operates within an infested aquatic environment is at risk for spreading NZMS. Snails survive in pooled water in pumps and tanks or in mud which remains attached to equipment. To prevent the spread of NZMS, all construction equipment that comes into contact with a wetted channel will be thoroughly cleaned to remove all attached soil and all water within the compartments will be dried up. Pumps and tanks will be cleaned and must remain fully dried for 72 hours following cleaning before equipment may be used on another aquatic project. In addition, any measures required by the agencies will be implemented.

Regional Species and Habitats and Natural Communities of Concern The species listed in the CDFW (2017a), CNPS (2017), and USFWS (2017) records search results are discussed in Table 1. The official USFWS list can be found in Appendix B. Figures 4 and 5 show the documented occurrences for special-status plant and wildlife species (respectively) in the vicinity of the BSA based on the CNDDB (CDFW 2017a). A description of habitat requirements is provided for each special-status plant or wildlife species along with an evaluation of its potential to occur within the BSA.

Potential for special-status species to occur in the BSA was determined according to the following criteria:
 Absent [A] - No habitat present and no further work needed.  Habitat Present [HP] - Habitat is, or may be present. The species may be present.

Proposed Marin Road Bridge BPMP Project NES 20 September 2017  Present [P] - Species is present
 Critical Habitat [CH] - Proposed project footprint is located within a designated critical habitat unit, but does not necessarily mean that appropriate habitat is present.

Based on these results, it was determined that 69 special-status plant species and 95 special-status wildlife species have been documented from or have a range that occurs in the San Rafael, Bolinas, San Geronimo, Novato, Petaluma Point, San Quentin, San Francisco North, or Point Bonita 7.5-minute USGS quadrangles (Table 1). Of these species, 21 special-status plant species and nine special-status wildlife species have documented occurrences within 5 kilometers (3 miles) of the BSA (Figures 4 and 5; CDFW 2017a).

Due to a lack of appropriate habitat elements (such as coastal salt marsh) and the presence of residential development in the surrounding landscape, it was determined that the BSA has the potential to support only five of the special-status plant species identified in Table 1. No special-status plants were observed in the BSA during the site assessments conducted for this report.

Fairfax Creek within the BSA is listed as essential fish habitat (EFH) for Coho salmon (Oncorhynchus kisutch) and Chinook salmon (O. tshawytscha); however, neither species is considered present because the BSA is outside of both species current or known ranges (NMFS 2012, UC Davis 2017). Steelhead are prevented from entering Fairfax Creek because of a total barrier to anadromy located just upstream of the confluence with San Anselmo Creek. That barrier is discussed more extensively in Chapter 4.

The proposed project primarily involves short-term, temporary impacts and will not disrupt connectivity in the region. The creek channel will be restored to conditions similar to pre-project conditions which will allow for continued fish passage following the completion of work. Sensitive habitats within the BSA is limited to Fairfax Creek which is a perennial waterway and Riparian Woodland. Fairfax Creek is subject to USACE, RWQCB, and the CDFW jurisdiction.

Proposed Marin Road Bridge BPMP Project NES 21 September 2017 Table 1: Listed, Proposed Species, and Critical Habitat Potentially Occurring or Known to Occur in the BSA.

Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Birds
northern spotted
owl
Strix occidentalis
caurina

FT, ST,
SSC
Old-growth forests or mixed stands
of old-growth and mature trees.

Occasionally in younger forests with
patches of big trees. Prefers high,
multistory canopy dominated by big
trees, trees with cavities or broken
tops, woody debris and space
under canopy.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which does not typically support the
species or its preferred prey. This species has
been recorded within 0.5 mile of the BSA;
however, the observations are in areas of
undeveloped and forested open space. The
BSA is greater than 0.3 mile from the nearest
potentially suitable nesting habitat and beyond
disturbance buffers for this species.
short-eared owl Asio flammeus SSC
Found in swamp lands, both fresh
and salt; lowland meadows;
irrigated alfalfa fields. Tule
patches/tall grass needed for
nesting/daytime seclusion. Nests
on dry ground in depression
concealed in vegetation.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide nesting habitat
for the species. Lowland marshes, tule
patches or tall grasslands that typically
support nesting by the species do not occur in
the BSA.
long-eared owl Asio otus SSC
Primarily a year-round resident.

Inhabits riparian bottomlands to tall
willows and cottonwoods; also,
belts of live oak paralleling stream
courses. Requires dense foliage
cover within occupied tree stands,
adjacent open land productive of
mice for foraging, and the presence
of old nests of other birds for
nesting.

A
This species is a very rare breeder in Marin
County. The only recorded occurrences of the
species are near Bolinas and Drake’s Bay,
both locations are greater than 5 miles from
the BSA (Shuford 1993). The BSA and vicinity
is residential development with constant levels
of anthropogenic disturbance which make the
area unsuitable for nesting by the species.

Proposed Marin Road Bridge BPMP Project NES 22 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
burrowing owl Athene cunicularia SSC,
BCC
Open, dry annual or perennial
grasslands, deserts, and
scrublands characterized by lowgrowing vegetation. Subterranean nester, dependent upon burrowing
mammals, most notably, the
California ground squirrel
A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide habitat for the
species. The BSA does not contain short
grasslands or open areas containing burrows
that could provide nesting or wintering habitat
for this species.
golden eagle Aquila chrysaetos
EPA,
CFP,
BCC
Resident in rolling foothills,
mountain areas, sage-juniper flats,
and desert. Cliff-walled canyons
provide nesting habitat in most
parts of range; also nests in large
trees in open areas.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide suitable
nesting habitat for the species. The BSA also
does not support habitat for typical prey
species of golden eagle.
bald eagle
Haliaeetus
leucocephalus

FD, SE,
EPA,
CFP,
BCC
Primarily a winter visitor in the
region; small numbers are present
year-round and breed. Favors
areas near larger bodies of water
with abundant fish: lakes and
reservoirs, rivers, and the ocean.

Nests in large, old-growth, or
dominant live tree with open
branchwork. Often roosts
communally in winter.

A
Although the BSA is within this species’
historic breeding range, bald eagles are no
longer known to breed in Marin County
(Shuford 1993). The BSA and the vicinity do
not provide larger open bodies of water to
support foraging or nesting.
northern harrier Circus cyaneus SSC
(Nesting) Nests and forages in
grassland habitats, usually in
association with coastal salt and
freshwater marshes. Nests on
ground in shrubby vegetation,
usually at marsh edge; nest built of
a large mound of sticks in wet
areas.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide nesting habitat
for the species. Suitable mesic grasslands or
marsh habitat are absent from the BSA and
the immediate surrounding areas.

Proposed Marin Road Bridge BPMP Project NES 23 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
white-tailed kite Elanus leucurus CFP
(Nesting) Year-long resident of
open grasslands and agricultural
areas. Preys on small diurnal
mammals and occasional birds,
insects, reptiles, and amphibians.

Nests in tree-tops.

A
The BSA and immediately surrounding area
are low-density residential developments in a
largely forested landscape and do not provide
nesting habitat for the species. The BSA
does not contain open areas such as
agricultural fields, grasslands or marsh that
are typically used by this species.

American
peregrine falcon
Falco peregrinus
anatum
FD,

SD,CFP,
BCC
Year-round resident and winter
visitor in the region. Habitat
variable, though usually associated
with coasts, bays, marshes and
other bodies of water. Nests on
sheer, protected cliffs and also on
manmade structures including
buildings and bridges. Preys on
birds, especially waterbirds.

Forages widely.

A
High cliffs and tall buildings typically used for
nesting by this species are absent from the
BSA and immediate surrounding area. Large
water-bodies which provide foraging habitat
are absent from the BSA and vicinity.
prairie falcon Falco mexicanus BCC
Year-round resident in areas of
California and winter visitor.

Inhabits dry, open terrains,
including foothills and valleys.

Breeding sites located on steep
cliffs. Forages widely.

A
Although this species winters in Marin County,
it does not nest there (Shuford 1993).

Additionally, the BSA does not contain xeric
open areas such as grasslands that are
typically used by this species. This species
could occasionally be observed flying over the
BSA during migration.
ferruginous
hawk Buteo regalis BCC
Winter visitor to open habitats,
including grasslands, sagebrush
flats, scrub, and low foothills
surrounding valleys. Preys on
mammals. Does not breed in
California.

A
Although this species winters in Marin County,
it does not nest there (Shuford 1993).

Additionally, the BSA does not contain xeric
open areas such as grasslands that are
typically used by this species. This species
could occasionally be observed flying over the
BSA during migration.

Proposed Marin Road Bridge BPMP Project NES 24 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
American white
pelican
Pelecanus
erythrorhynchos SSC
Colonial nester on large interior
lakes. Nests on large lakes,
providing safe roosting and
breeding places in the form of wellsequestered islets. Winter visitor to the San Francisco Bay Area.

A
American white pelican does not nest in Marin
County (Shuford 1993). Additionally, suitable
foraging habitat does not occur within 2 miles
of the BSA.

California brown
pelican
Pelecanus
occidentalis
californicus

FD, SD,
CFP
Colonial nester on coastal islands
just outside the surf line. Nests on
coastal islands of small to moderate
size which afford immunity from
attack by ground-dwelling
predators.

A
California brown pelican does not nest in
Marin County (Shuford 1993). Additionally,
suitable foraging habitat does not occur within
2 miles of the BSA.
marbled
murrelet Brachyramphus
marmoratus FT, SE
Feeds near shore; nests inland
along the Pacific coast, from
Eureka to Oregon border, and from
Half Moon Bay to Santa Cruz.

Nests in old-growth redwooddominated forests, up to six miles inland. Nests often built in
Douglas-fir or redwood stands
containing platform-like branches.

A
This species is not known to nest within Marin
County (Shuford 1993, McShane et al. 2004,
USFWS 2009). In addition, no old growth
redwood forest is present in the vicinity of the
BSA to provide the isolation and platform like
structure required for nesting by the species.
short-tailed
albatross
Phoebastria
albatrus FE, SSC
Highly pelagic; comes to land only
when breeding. Nests on remote
Pacific islands. A rare nonbreeding visitor to the eastern Pacific.

A
Short-tailed albatross does not nest in Marin
County. Suitable marine foraging habitat does
not occur within 5 miles of the BSA.
black
oystercatcher
Haematopus
bachmani BCC
Resident on rocky shores of marine
habitats along almost the entire
California coast and adjacent
islands. Breeds on undisturbed,
rocky, open shores and cliffs.

A
The BSA is not within the known breeding
distribution of this species. Rocky shoreline
and marine habitats which support nesting
and foraging by the species are absent from
the BSA and immediate surrounds.

Proposed Marin Road Bridge BPMP Project NES 25 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Caspian tern Hydroprogne
caspia BCC
Nests in small colonies inland and
along the coast on sandy estuarine
shores, levees, and salt ponds.

Found in inland fresh-water lakes
and marshes; also, brackish or salt
waters of estuaries and bays.

A
The BSA is not within the known breeding
distribution of this species. Islands, shores,
levees or salt ponds that support nesting by
this species are absent. The BSA does not
contain marine environments for foraging.

California least
tern
Sternula antillarum
browni

FE, SE,
CFP
Colonial breeder on barren or
sparsely vegetated, flat substrates
near water. Breeding colonies in
San Francisco Bay along estuarine
shores and in abandoned salt
ponds.

A
The BSA is not within the known breeding
distribution of this species. Islands, shores,
levees or salt ponds that support nesting by
this species are absent. The BSA does not
occur near marine environments to support
foraging.
common loon Gavia immer SSC
Winter visitor; does not nest in the
vicinity San Francisco Bay. Aquatic,
generally found in large, deep water
bodies with abundant fish.

A
Common loons do not nest in California.

Furthermore, the BSA does not contain any
open water habitat capable of supporting
foraging by this species.
black skimmer Rynchops niger SSC,
BCC
Found primarily in southern
California; South San Francisco
Bay has a small resident
population. Nests colonially on
gravel bars, low islets, and sandy
beaches
A
The BSA is not within the known breeding
distribution of this species. Islands, shores,
levees or salt ponds that support nesting by
this species are absent. The BSA does not
occur near marine environments to support
foraging.
western snowy
plover
Charadrius
alexandrinus
nivosus

FT, SSC,
BCC
Federal listing applies only to the
Pacific coastal population. Found
on sandy beaches, salt pond levees
and shores of large alkali lakes.

Requires sandy, gravelly or friable
soils for nesting.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide nesting habitat
for the species. Sandy beaches, salt flats or
alkali lake flats that this species inhabits are
absent from the BSA and surrounding area.

Proposed Marin Road Bridge BPMP Project NES 26 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
California
Ridgway’s rail
Rallus obsoletus
obsoletus

FE, SE,
CFP
Resident in tidal marshes of the
San Francisco Bay Estuary.

Requires tidal sloughs and mud
flats for foraging, and dense
vegetation for nesting. Associated
with abundant growth of cordgrass
and pickleweed. Largest
populations in south San Francisco
Bay.

A
The BSA is not within the known breeding
distribution of this species. The BSA lacks any
salt marsh habitat which this species requires
for nesting and foraging.

California black
rail
Laterallus
jamaicensis
coturniculus

ST, CFP,
BCC
Resident in marshes (saline to
freshwater) with dense vegetation
below four inches in height. Prefers
larger, undisturbed marshes close
to a major water source.

A
The BSA is not within the known breeding
distribution of this species. The BSA lacks any
marsh habitat that this species requires for
nesting and foraging.
great egret Ardea alba None
(Rookeries tracked by CDFW)
Colonial nester in large trees.

Rookery sites located near
marshes, tide-flats, irrigated
pastures, and margins of rivers and
lakes.

A
Suitable rookery trees are absent from the
BSA and vicinity; however, this species may
occasionally fly over or forage within the BSA.
snowy egret Egretta thula none
(Rookeries tracked by CDFW)
Colonial nester, with nest sites
situated in protected beds of dense
tules. Rookery sites situated close
to foraging areas: marshes, tidalflats, streams, wet meadows, and borders of lakes.

A
Suitable rookery trees are absent from the
BSA and vicinity; however, this species may
occasionally fly over or forage within the BSA.

Proposed Marin Road Bridge BPMP Project NES 27 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
great blue heron Ardea herodias None
(Rookeries tracked by CDFW)
Colonial nester in tall trees, cliffs,
and sequestered spots on marshes.

Rookery sites in close proximity to
foraging areas: marshes, lake
margins, tide-flats, rivers and
streams, wet meadows.

A
Suitable rookery trees are absent from the
BSA and vicinity; however, this species may
occasionally fly over or forage within the BSA.
black-crowned
night heron
Nycticorax
nycticorax none
(Rookeries tracked by CDFW)
Colonial nester, usually in trees,
occasionally in tule patches.

Rookery sites located adjacent to
foraging areas: lake margins, mudbordered bays, marshy spots.

A
Suitable rookery trees are absent from the
BSA and vicinity; however, this species may
occasionally fly over or forage within the BSA.
double-crested
cormorant
Phalacrocorax
auritus none
(Rookeries tracked by CDFW)
Colonial nester on coastal cliffs,
offshore islands, and along lake
margins in the interior of the state.

Nests along coast on sequestered
islets, usually on ground with
sloping surface, or in tall trees
along lake margins.

A
Suitable rookery cliffs or other structures are
absent from the BSA and vicinity; however,
this species may occasionally fly over the
BSA.
black swift Cypseloides niger SSC,
BCC
Summer resident with a fragmented
breeding distribution; most
occupied areas in California either
montane or coastal. Breeds in
small colonies on cliffs behind or
adjacent to waterfalls, in deep
canyons, and sea-bluffs above surf.

Forages aerially over wide areas.

A
Marin County is not within the documented
breeding range of this species (Shuford
1993). Additionally, the BSA does not contain
cliffs or deep canyons capable of providing
nesting habitat for this species.

Proposed Marin Road Bridge BPMP Project NES 28 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Vaux’s swift Chaetura vauxi SSC
Summer resident, primarily in
forested areas. Nests in tree
cavities, favoring those with a large
vertical extent. Also uses chimneys
and other manmade substrates.

Forages widely for aerial insects,
often over or near rivers and lakes.

A
Trees surrounding the BSA are not adequate
in size to provide suitable cavities that are
required to support nesting by the species.
purple martin Progne subis SSC
Summer resident. In northwestern
California, typically breeds in
coniferous forest and woodlands.

Nest in tree cavities, usually high off
the ground, and in the cavities of
manmade structures (e.g. bridges,
utility poles). Forages for aerial
insects.

HP
Although no large cavities were observed
within the riparian woodland, the BSA may
provide suitable nest-trees and foraging
habitat to support this species.
bank swallow Riparia riparia ST
Migrant in riparian and other
lowland habitats in western
California. Colonial nester in
riparian areas with vertical cliffs and
bands with fine-textured or finetextured sandy soils near streams, rivers, lakes or the ocean.

A
Bank swallow does not nest in Marin County.

The BSA lacks any cliff habitat which this
species requires for nesting. The species may
pass through the BSA on migration.
olive-sided
flycatcher Contopus cooperi SSC,
BCC
Summer resident. Typical breeding
habitat is montane coniferous
forests. At lower elevations, also
occurs in wooded canyons and
mixed forests and woodlands.

Often associated with forest edges.

Arboreal nest sites located well off
the ground.

HP
The BSA contains riparian woodland
dominated by California bay trees which are
not typically used for nesting. However, the
woodland may support nesting and foraging
within the BSA.

Proposed Marin Road Bridge BPMP Project NES 29 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Nuttall’s
woodpecker Picoides nuttallii BCC
Resident in lowland woodlands
throughout much of California west
of the Sierra Nevada. Typical
habitat is dominated by oaks.

HP
Riparian woodland habitat within and
surrounding the BSA may provide suitable
nest-trees and foraging habitat to support this
species.
oak titmouse Baeolophus
inornatus BCC
Oak woodland and savannah, open
broad-leaved evergreen forests
containing oaks, and riparian
woodlands. Associated with oak
and pine-oak woodland and
arborescent chaparral
HP
Riparian woodland within and surrounding the
BSA provides potential nest-trees and
foraging habitat to support this species.

Allen’s
hummingbird Selaphorus sasin BCC
Breeds along the California
coastline in habitats including mixed
evergreen, Douglas fir, redwood
and Bishop pine forests, riparian
woodlands, nonnative eucalyptus
and planted cypress groves, and
occasionally live oak woodlands
and coastal scrub with at least a
scattering of trees, such as on
north-facing slopes
HP
Riparian woodland habitat within and
surrounding the BSA may provide suitable
nest-trees and foraging habitat to support
nesting by this species.
rufous
hummingbird Selasphorus rufus BCC
Spring migrant; does not breed in
California. Favors habitats rich in
nectar-producing flowers. Nests in
berry tangles, shrubs, deciduous
forests and conifers. Favors
habitats rich in nectar-producing
flowers.

A
The BSA is outside of the known breeding
range for this species, but rufous
hummingbird may be observed during
migration seasons.

Proposed Marin Road Bridge BPMP Project NES 30 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
loggerhead
shrike Lanius ludovicianus SSC,
BCC
Primarily a year-round resident in
open habitats including woodland,
grassland, savannah and
agricultural areas. Prefers areas
with sparse shrubs, trees, posts,
and other suitable perches for
foraging. Preys upon large insects
and small vertebrates. Nests are
well-concealed in a denselyfoliaged shrub or tree.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide nesting habitat
for the species. The BSA does not contain
open areas such as agricultural fields,
grasslands or marsh that are typically used by
this species.
yellow warbler
Setophaga
(Dendroica)
petechia brewsteri
SSC,
BCC
Summer resident throughout much
of California. Breeds in riparian
vegetation close to water, including
streams and wet meadows.

Microhabitat used for nesting
variable, but dense willow growth is
typical. Occurs widely on migration.

A
The riparian woodland within the BSA does
not contain dense understory typical for
nesting by this species. This species may be
observed foraging in the BSA.
saltmarsh
common
yellowthroat
Geothlypis trichas
sinuosa
SSC,
BCC
Resident of the San Francisco Bay
region, in fresh and salt water
marshes. Requires thick,
continuous cover down to water
surface for foraging; tall grasses,
tule patches, willows for nesting.

A
The BSA is not within the known breeding
distribution of this species. Suitable salt
marsh habitat which is required for nesting
and foraging is absent from the BSA and
immediate surrounds.
yellow-breasted
chat Icteria virens SSC
Summer resident, utilizing riparian
areas with an open canopy, very
dense understory, and trees for
song perches. Nests in thickets of
willow, blackberry, and wild grape.

A
The BSA and immediate vicinity are
residential development and riparian
woodland which do not provide nesting habitat
for the species. The BSA lacks a dense
riparian understory that this species requires.

Furthermore, it is not known to nest within 10
miles of the BSA.

Proposed Marin Road Bridge BPMP Project NES 31 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
grasshopper
sparrow
Ammodramus
savannarum
SSC
Summer resident. Nests in open
grassland habitats, generally with
low- to moderate-height grasses
and scattered shrubs. Nest
typically placed on the ground and
well-hidden. Secretive.

A
The BSA is located within riparian woodland
habitat which is not suitable for this species.

The BSA does not contain annual grassland
that could support nesting or foraging by the
species.

Alameda song
sparrow
Melospiza melodia
pusillula
SSC,
BCC
Year-round resident of salt marshes
bordering the south arm of San
Francisco Bay. Inhabits primarily
pickleweed marshes; nests placed
in marsh vegetation, typically
shrubs such as gumplant.

A
The BSA is not within the known breeding
distribution of this species. The BSA lacks any
marsh habitat that this subspecies requires for
nesting and foraging.

Samuel’s (San
Pablo) song
sparrow
Melospiza melodia
samuelis
SSC,
BCC
Resident of salt marshes along the
north side of San Francisco and
San Pablo Bays. Inhabits tidal
sloughs in the Salicornia marshes;
nests in Grindelia bordering slough
channels.

A
The BSA is not within the known breeding
distribution of this species. The BSA lacks any
marsh habitat that this subspecies requires for
nesting and foraging.

Bryant’s
savannah
sparrow
Passerculus
sandwichensis
alaudinus
SSC
Year-round resident subspecies,
associated with the coastal fog belt.

Occupies upper tidally-influenced
habitats and moist grasslands,
often occurring where wetland
communities merge into grassland.

Nests in vegetation on or near the
ground.

A
The BSA lacks the tidally influenced habitats
and grasslands that this subspecies requires.

The BSA is within low-density residential
development and forested landscape.

Lawrence’s
goldfinch Carduelis lawrencei BCC
Resident to nomadic; inhabits oak
woodlands, chaparral, riparian
woodlands and other areas, often
near water. Not known to breed in
the vicinity of San Francisco Bay.

A
The BSA is within low-density residential
development and forested landscape. This
species is a very rare breeder in Marin County
and typically inhabits the dry southern
portions of the county, and the BSA does not
contain chaparral or other xeric landscapes to
support this species (Shuford 1993).

Proposed Marin Road Bridge BPMP Project NES 32 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
tricolored
blackbird Agelaius tricolor SC, BCC,
SSC
(Nesting colony) highly colonial
species, most numerous in Central
Valley and vicinity. Largely
endemic to California. Requires
open water, protected nesting
substrate, and foraging area with
insect prey within a few kilometers
of the colony.

A
The BSA does not contain any open waters
such as ponds, lakes or marsh habitat that
supports foraging or nesting by the colony.

Shrubs and other vegetation located along the
banks in the vicinity of the BSA are not
sufficiently dense or large enough to support
nesting by this species.
yellow-headed
blackbird
Xanthocephalus
xanthocephalus SSC
Migrant and local summer resident.

Nests colonially in freshwater
emergent wetlands with dense
vegetation and deep water, often
along borders of lakes or larger
ponds. Forages primarily on large
aquatic insects during the breeding
period.

A
The BSA does not contain any open waters
such as ponds, lakes or marsh habitat that
supports foraging or nesting by a colony. The
shrubs located along the banks in the vicinity
of the BSA are not sufficiently dense or large
enough to support nesting by this species.

Proposed Marin Road Bridge BPMP Project NES 33 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Mammals
pallid bat Antrozous pallidus SSC,
WBWG
Found in deserts, grasslands,
shrublands, woodlands, and
forests. Most common in open,
forages along river channels.

Roost sites include old ranch
buildings, rocky outcrops and caves
within sandstone outcroppings.

Roosts must protect bats from high
temperatures. Very sensitive to
disturbance of roosting sites.

A
The BSA and immediate vicinity are
residential development and riparian
woodland with no rock outcroppings or ranch
type buildings to provide roosting sites. The
bridge has no exposed cracks or seams and
is regularly disturbed by vehicles and
pedestrians; the structure and the surrounding
area lack roosting sites for the species.

Townsend's bigeared bat
Corynorhinus
townsendii
SSC,
WBWG
This species is associated with a
wide variety of habitats from
deserts to mid-elevation mixed
coniferous-deciduous forest.

Females form maternity colonies in
buildings, caves and mines and
males roost singly or in small
groups. Foraging occurs in open
forest habitats where they glean
moths from vegetation.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Buildings in the area are
maintained and do not provide suitable
roosting habitat. Additionally, there are no
caves, mines or suitable openings in the
bridge structure to support roosting by the
species within the BSA.
western red bat Lasiurus blossevillii SSC,
WBWG
This species is typically solitary,
roosting primarily in the foliage of
trees or shrubs. Day roosts are
commonly in edge habitats adjacent
to streams or open fields, in
orchards, and sometimes in urban
areas. There may be an
association with intact riparian
habitat (willows, cottonwoods, and
sycamore).

A
The BSA and immediate vicinity are
residential development and disturbed riparian
woodland. The complexity of edge habitats
required by the species is not present within
the BSA. The species may fly over the BSA.

Proposed Marin Road Bridge BPMP Project NES 34 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
hoary bat Lasiurus cinereus WBWG
Prefers open habitats or habitat
mosaics, with access to trees for
cover and open areas or habitat
edges for feeding. Roosts in dense
foliage of medium to large trees.

Feeds primarily on moths.

Requires water.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. The BSA does not provide suitable
open foraging habitat which is required by the
species. No suitable roost sites are present.
fringed myotis Myotis thysanodes WBWG
Associated with a wide variety of
habitats including mixed coniferousdeciduous forest and redwoods/sequoia groves.

Buildings, mines, and large snags
are important day and night roosts.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. No snags are present in or
adjacent to the BSA to provide roosting
habitat. The bridge structure has no suitable
seams, cracks or crevices that might provide
roosting habitat for the species. The species
may occasionally fly through or forage over
the BSA.
long-eared
myotis Myotis evotis WBWG
Occurs in semiarid shrublands,
sage, chaparral, and agricultural
areas, but is usually associated with
coniferous forests from seal level to
9000 feet. Individuals roost under
exfoliating tree bark, and in hollow
trees, caves, mines, cliff crevices,
and rocky outcrops on the ground.

They also sometimes roost in
buildings and under bridges.

A
The BSA does not contain snags or trees
large enough to contain cavities to provide
roosting habitat. Additionally, no trees are to
be removed by the proposed project. The
bridge structure has no suitable seams,
cracks or crevices that might provide roosting
habitat for the species. This species may
occasionally fly through or forage over the
BSA.
long-legged
myotis Myotis volans WBWG
Typically occupies mountainous or
relatively rugged areas, dry
coniferous forests, and sometimes
oak or streamside woodlands, and
deserts. Large hollow trees, rock
crevices and buildings are
important day roosts. Other roosts
include caves, mines and buildings.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. The BSA does not contain mines
abandoned buildings or snags for roosting.

There are no suitable openings in the bridge
structure such as seams or cracks to allow
bats to roost. The species may occasionally
fly through or forage over the BSA.

Proposed Marin Road Bridge BPMP Project NES 35 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
silver-haired bat Lasionycteris
noctivagans. WBWG
Summer habitats include coastal
and montane coniferous forests,
valley foothill woodlands, pinyonjuniper woodlands, and valley foothill and montane riparian
habitats. This species is primarily a
forest dweller, feeding over
streams, ponds, and open brushy
areas. It roosts in hollow trees,
snags, buildings, rock crevices,
caves, and under bark.

A
The BSA does not contain snags or trees
large enough to contain cavities to provide
roosting habitat. Additionally, no trees are to
be removed by the proposed project. The
bridge structure has no suitable seams,
cracks or crevices that might provide roosting
habitat for the species. This species may
occasionally fly through or forage over the
BSA.
salt-marsh
harvest mouse
Reithrodontomys
raviventris

FE, SE,
CFP
Found only in the saline emergent
wetlands of San Francisco Bay and
its tributaries. Pickleweed is
primary habitat. Do not burrow,
build loosely organized nests.

Require higher areas for flood
escape.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Salt marshes that are required to
support this species do not occur in the BSA.

Suisun shrew Sorex ornatus
sinuosus SSC
Tidal marshes of the northern
shores of San Pablo and Suisun
Bays. Require dense low-lying
cover and driftweed and other litter
above the mean high tide line for
nesting and foraging.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Salt marshes that are required to
support this species do not occur in the BSA.
salt-marsh
wandering
shrew
Sorex vagrans
halicoetes SSC
Confined to small remnant stands
of salt marsh found around the
southern arm of the San Francisco
Bay in San Mateo, Santa Clara,
Alameda and Contra Costa
counties. Inhabits salt marshes that
provide dense cover with driftwood
and other debris.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Salt marshes that are required to
support this species do not occur in the BSA.

Proposed Marin Road Bridge BPMP Project NES 36 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
San Pablo vole
Microtus
californicus
sanpabloensis
SSC
Saltmarshes of San Pablo Creek,
on the south shore of San Pablo
Bay. Constructs burrow in soft soil.

Feeds on grasses, sedges and
herbs. Forms a network of runways
leading from the burrow
A
The BSA and immediate vicinity are
residential development and riparian
woodland. Salt marshes that are required to
support this species do not occur in the BSA.

American
badger Taxidea taxus SSC
Most abundant in drier open stages
of most shrub, forest, and
herbaceous habitats, with friable
soils. Requires friable soils and
open, uncultivated ground. Preys
on burrowing rodents.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Friable soils which support the
preferred prey for badgers and badger dens
do not occur within the BSA.

Point Reyes
jumping mouse
Zapus trinotatus
orarius SSC
Bunch grass marshes on the
uplands of Point Reyes in areas
safe from continuous inundation.

Builds grassy nests on ground
under vegetation, burrows in winter.

A
The BSA and surrounding area are residential
developments and riparian woodland. The
BSA lacks marsh or grasslands that this
subspecies requires for nesting and foraging,
and the BSA is outside the known range of
this subspecies.

Point Reyes
mountain beaver
Aplodontia rufa
phaea SSC
The Point Reyes mountain beaver
is only known to occur in western
Marin County, almost entirely within
Point Reyes National Seashore. It
occurs on cool, moist, north-facing
slopes in moderately dense coastal
scrub. Burrows are typically
constructed in dense thickets or in
forest openings; and it feeds on
coyote brush, sword fern, cow
parsnip, black berries, poison oak,
California nettle, and thistle.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA does not
contain any coastal scrub habitat which is
required by the species.

Proposed Marin Road Bridge BPMP Project NES 37 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
ringtail (ringtailed cat)
Bassariscus
astutus CFP
Is widely distributed throughout
most of California, but absent from
some portions of the Central Valley
and northeastern California. The
species is nocturnal, primarily
carnivorous and is associated with
a mixture of dry forest and
shrubland in close association with
rocky areas and riparian habitat,
using hollow trees and cavities for
shelter.

A
The BSA and immediate vicinity are
residential development and riparian
woodland with an open understory.

Anthropogenic disturbances in the area and
an absence of suitable trees to provide
cavities make the species unlikely to occur.
southern sea
otter
Enhydra lutris
nereis
FT,
MMPA:

SSC, CFP
Nearshore marine environments
from about Año Nuevo, San Mateo
County to Point Sal, Santa Barbara
County.

A
The BSA is not within the known breeding
distribution of this species. Additionally, The
BSA lacks any marine habitat which is
required by this species.

Amphibians and Reptiles
western pond
turtle
Actinemys
marmorata SSC
Associated with permanent or
nearly permanent water in a wide
variety of habitats. Requires
basking sites. Nests sites may be
found up to 0.5 kilometers from
water.

A
There are no known occurrences of this
species in the watershed or vicinity. The BSA
is over 2 miles from the nearest documented
occurrence in a different watershed (CDFW
2017a). The BSA is canopied and does not
provide suitable basking areas to support the
species.

California giant
salamander
Dicamptodon
ensatus SSC
Associated with permanent or
nearly permanent water in a wide
variety of habitats. Requires
basking sites. Nests sites may be
found up to 0.5 kilometers from
water.

A
There are no known occurrences of this
species within 2.5 miles of the BSA. The
modifications to the creek channel within the
BSA including retaining walls and abutments
reduce potential for this species to occur
within the BSA.

Proposed Marin Road Bridge BPMP Project NES 38 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
foothill yellowlegged frog Rana boylii SSC
Found in or near rocky streams in a
variety of habitats. Prefers partlyshaded, willow streams and riffles with a rocky substrate; requires at
least some cobble-sized substrate
for egg-laying. Needs at least 15
weeks to attain metamorphosis.

Feeds on both aquatic and
terrestrial invertebrates.

A
This species has not been documented within
the watershed, and the closest documented
occurrence is 2.5 miles east of the BSA in a
different watershed (CDFW 2017a).

California redlegged frog Rana draytonii FT, SSC
Lowlands and foothills in or near
permanent sources of deep water
with dense, shrubby or emergent
riparian vegetation. Requires 11 to
20 weeks of inundation for larval
development. Must have access to
estivation habitat.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. No ponds, lakes, or creek
backwaters exist nearby that could provide
adequate still water habitat to support
breeding by the species. This species is not
known within 5 miles of the BSA. (CDFW
2017a).

Fishes
pacific lamprey
Entosphenus
(=Lampetra)
tridentatus
SSC
Spawn between March and July in
gravel bottomed streams in riffle
habitat. Larvae drift downstream to
areas of low velocity and fine
substrates and are relatively
immobile in the stream substrates.

A
A total barrier to fish passage at Bolinas
Avenue prevents anadromous fish such as
lamprey from being able to access the creek.

This species and its habitat are not present.
river lamprey Lampetra ayresi SSC
Lower Sacramento River, San
Joaquin River and Russian River.

May occur in coastal streams north
of San Francisco Bay. Adults need
clean, gravelly riffles, Ammocoetes
need sandy backwaters or stream
edges, good water quality and
temps < 25 degrees C.

A
A total barrier to fish passage at Bolinas
Avenue prevents anadromous fish such as
lamprey from being able to access the creek.

This species and its habitat are not present.

Proposed Marin Road Bridge BPMP Project NES 39 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
white sturgeon Acipenser
transmontanus SSC
Found in most estuaries along the
Pacific coast. Adults in the San
Francisco Bay Estuary system
spawn in the Sacramento River and
are not known to enter freshwater
or non-tidal reaches of Estuary
streams. Spawn May through June.

A
The BSA is not within the known distribution
of this species (UC Davis 2017), and a total
barrier to fish passage at Bolinas Avenue
prevents anadromous fish from being able to
access the creek. This species and its habitat
are not present.
green sturgeon Acipenser
medirostris FT, SSC
Spawn in the Sacramento River
and the Klamath River. Spawn at
temperatures between 8-14
degrees C. Preferred spawning
substrate is large cobble, but can
range from clean sand to bedrock.

A
The BSA is not within the known distribution
of this species (UC Davis 2017), and a total
barrier to fish passage at Bolinas Avenue
prevents anadromous fish from being able to
access the creek. This species and its habitat
are not present.
tidewater goby Eucyclogobius
newberryi FE, SSC
Brackish water habitats along the
California coast from Agua
Hedionda Lagoon, San Diego
County to the mouth of the Smith
River. Found in willow lagoons and
lower stream reaches, they need
fairly still but not stagnant water and
high oxygen levels.

A
The BSA is not within the known distribution
of this species (UC Davis 2017). The BSA is
not within the known breeding distribution of
this species. The BSA lacks any lagoon
habitat which is required by this species.
delta smelt Hypomesus
transpacificus

FT, SE,
RP
Lives in the Sacramento-San
Joaquin estuary in areas where salt
and freshwater systems meet.

Occurs seasonally in Suisun Bay,
Carquinez Strait and San Pablo
Bay.

A
The BSA is not within the known distribution
of this species (UC Davis 2017). The BSA is
not within the known spawning distribution of
this species. The BSA lacks any brackish
water habitat which is required by this
species.

Tomales roach
Lavinia
symmetricus ssp.
symmetricus
SSC
Habitat generalists. Tolerant of
relatively high temperatures and
low oxygen levels, however unable
to tolerate very saline water.

Tributaries to Tomales Bay.

A The BSA is not within the known distribution
of this species (UC Davis 2017).

Proposed Marin Road Bridge BPMP Project NES 40 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Coho salmon -
central
California coast
Oncorhynchus
kisutch FE, SE
State listing is limited to Coho south
of San Francisco Bay. Federal
listing is limited to naturally
spawning populations in streams
between Humboldt County and
Santa Cruz County. Spawn in
coastal streams 4-14C. Prefer
beds of loose, silt-free, coarse
gravel and cover nearby.

A
This species is extirpated from the waters of
San Francisco Bay and its tributaries (NMFS
2012). A total barrier to fish passage at
Bolinas Avenue prevents anadromous fish
from being able to access the creek.
steelhead -
central
California coast
DPS
Oncorhynchus
mykiss FT
Occurs from the Russian River
south to Soquel Creek and Pajaro
River. Also in San Francisco and
San Pablo Bay Basins. Adults
migrate upstream to spawn in cool,
clear, well-oxygenated streams.

Juveniles remain in fresh water for
1 or more years before migrating
downstream to the ocean.

A
A total barrier to fish passage at Bolinas
Avenue prevents anadromous fish such as
steelhead from being able to access the
creek. Therefore, steelhead and suitable
habitat are absent from the BSA.
chinook salmon
– Central Valley
fall/late fall-run
ESU
Oncorhynchus
tshawytscha SSC
Populations spawning in the Central
Valley, Napa and Petaluma Rivers
and their tributaries. Adults migrate
upstream to spawn in cool, clear,
well-oxygenated streams.

Juveniles remain in fresh water for
1 or more years before migrating
downstream to the ocean
A
The BSA is not within the known spawning
distribution of this species, and a total barrier
to fish passage at Bolinas Avenue prevents
anadromous fish such as salmon from being
able to access the creek.

Proposed Marin Road Bridge BPMP Project NES 41 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
chinook salmon
- California
coastal ESU
Oncorhynchus
tshawytscha FT, RP
California Coastal Chinook Salmon
ESU includes all naturally spawned
populations of Chinook salmon from
rivers and streams south of the
Klamath River (exclusive) to the
Russian River (inclusive). Adult
numbers depend on pool depth and
volume, amount of cover, and
proximity to gravel.

A
The BSA is not within the known breeding
distribution of this species (UC Davis 2017),
and a total barrier to fish passage at Bolinas
Avenue prevents anadromous fish such as
salmon from being able to access the creek.

Sacramento
splittail
Pogonichthys
macrolepidotus SSC
Endemic to California’s Central
Valley and the Sacramento-San
Joaquin Delta. Primarily freshwater
fish, but are tolerant of moderate
salinity. Spawn on submerged
vegetation in temporarily flooded
upland and riparian habitat.

A
The BSA is not within the spawning or known
distribution of this species. The BSA does not
contain any flooded upland or slow slough like
habitat which this species requires for
spawning.
longfin smelt Spirinchus
thaleichthys

FC, ST,
SSC
Euryhaline, nektonic and
anadromous. Found in open
waters of estuaries, mostly in
middle or bottom of water column.

Prefer salinities of 15 to 30 ppt, but
can be found in completely
freshwater to almost pure seawater.

A
The BSA is not within the known spawning
distribution of this species. The BSA lacks any
marine or brackish water habitats which may
be used for foraging or rearing habitat by the
species.
eulachon Thaleichthys
pacificus FT, SSC
Occur in nearshore ocean waters
and to 1,000 feet (300 m) in depth,
except for the brief spawning runs
into their natal (birth) streams.

Ranges from northern California to
southwest Alaska and southeastern
Bering Sea.

A
The BSA is not within the known distribution
of this species. Additionally, the BSA lacks
any marine or brackish water habitats which
may be used for foraging or rearing habitat by
the species.

Proposed Marin Road Bridge BPMP Project NES 42 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Invertebrates
Tomales isopod Caecidotea
tomalensis SSI
Inhabits localized fresh-water ponds
or streams with still or near-still
water in several San Francisco Bay
Area counties.

A
Fairfax Creek within the BSA is a flowing
creek which does not provide the still water or
pond habitat required by the species.

Marin blind
harvestman Calicina diminua SSI
Known only from the type locality.

Taken under serpentine on a
grassland hillside on San Marin
Drive, Novato, Marin County. They
occur in mesic habitats, but are
absent from situations where soils
are saturated or periodically
inundated. Most species occur
under medium to large undisturbed
rocks that are in contact with the
soil.

A
Soils within Fairfax Creek are often inundated
and would thus preclude this species’
presence. The BSA is also highly modified
with man-made structures such as wingwalls
on the banks. This species has only been
documented at the type locality in Novato,
approximately 7 miles north of the BSA.

Bay checkerspot
butterfly
Euphydryas editha
bayensis FT, SSI
Restricted to native grasslands on
outcrops of serpentine soil in the
vicinity of San Francisco Bay.

Plantago erecta is the primary host
plant; Orthocarpus densiflorus and
O. purpurscens are the secondary
host plants.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA does not
contain grassland required to support the host
plants of the species.

San Bruno elfin
butterfly
Callophrys mossii
bayensis FE, SSI
Inhabits coastal mountainous areas
with grassy ground cover, mainly in
the vicinity of San Bruno Mountain,
San Mateo County. Colonies are
located on steep, north-facing
slopes within the fog belt. Larval
host plant is Sedum spathulifolium.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA contains no
grassland that may support the host plants
required by the species.

Proposed Marin Road Bridge BPMP Project NES 43 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
monarch
butterfly Danaus plexippus SSI
Winter roost sites extend along the
coast from northern Mendocino to
Baja California, Mexico. Roosts
located in wind-protected tree
groves (eucalyptus, Monterey pine,
Monterey cypress), with nectar and
water sources nearby.

A
Roost sites for monarchs are primarily in
eucalyptus groves along the coast. No groves
used as roost sites have been recorded within
7 miles of the BSA. The BSA is inland of the
coast; however, the species may migrate
through the area in route to roost and foraging
sites.

Ricksecker's
water scavenger
beetle
Hydrochara
rickseckeri SSI
Aquatic; known only from pond
habitats scattered around the San
Francisco Bay area.

A
The BSA and immediate vicinity are
residential development and riparian
woodland. Fairfax Creek within the BSA does
not provide pond habitat known to support the
species.
mission blue
butterfly
Icaricia icarioides
missionensis

FE, RP,
SSI
Inhabits grasslands of the San
Francisco peninsula. Three larval
host plants: Lupinus albifrons, L.
variicolor, and L. formosus, of which
L. albifrons is favored.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA does not
contain grassland required to support the host
plants of the species.

Callippe
silverspot
butterfly
Speyeria callippe FE, SSI
Host plant is Viola pedunculata.

Most adults found on east-facing
slopes; males congregate on
hilltops in search of females.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA does not
contain grassland required to support the host
plants of the species.

Myrtle's
silverspot
butterfly
Speyeria zerene
myrtleae

FE, RP,
SSI
Restricted to the foggy, coastal
dunes/hills of the Point Reyes
peninsula; extirpated from coastal
San Mateo County. Larval food
plant thought to be Viola adunca.

A
The BSA is not within the known breeding
distribution of this species. The BSA and
immediate vicinity are residential development
and riparian woodland. The BSA does not
contain grassland to support the host plants or
foraging by the species.

Proposed Marin Road Bridge BPMP Project NES 44 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
California
freshwater
shrimp
Syncaris pacifica FE, SE,

RP, SSI
Endemic to Marin, Napa, and
Sonoma counties. Found in low
elevation, low gradient streams
where riparian cover is moderate to
heavy. Willow pools away from
main stream flow. Winter: undercut
banks with exposed roots.

Summer: leafy branches touching
water.

A
The BSA is not within the known breeding
distribution of this species. Suitable habitat for
the species is primarily found within northern
Marin County along the border with Sonoma
County. This species has not been
documented in Fairfax Creek.
black abalone Haliotes cracherodii FE, SSI
Generally occur in areas of
moderate to high surf in mid to low
rocky intertidal areas.

A
The BSA does not contain any intertidal
shores or marine environments which are
required to support the species.
white abalone Haliotis sorenseni FE, SSI
Rocky pinnacles and deep reefs in
southern California; especially
those off the Channel Islands. Live
at depths from 80 to 200 feet.

A
The BSA does not contain any intertidal
shores or marine environments which are
required to support the species.

Plants and Sensitive Natural Communities
Sensitive Natural Communities
Coastal
Brackish Marsh,
Coastal Terrace
Prairie,
Northern
Coastal Salt
Marsh,
Serpentine
Bunchgrass

NA NA NA A
The BSA does not contain any of these
habitats. No further actions are
recommended for these Sensitive Natural
Communities.

Proposed Marin Road Bridge BPMP Project NES 45 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Sensitive Plants
Sonoma
alopecurus
Alopecurus
aequalis var.
sonomensis
FE,
CNPS
1B.1
Freshwater marsh and swamp,
and riparian scrub. 5-360 m.

Flowers May-July.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
coastal freshwater marsh and swamp, and
riparian scrub. The BSA lacks suitable,
sufficiently mesic habitat. No further actions
are recommended for this species.

Napa false
indigo
Amorpha
californica var.
napensis
CNPS
1B.2
Broadleaf upland forest, chaparral,
cismontane woodland; openings in
forest, woodland, and chaparral.
120-2,000 m. Flowers April-July.

HP
This woody perennial was not observed
during the field surveys, which were
conducted when this species would be
identifiable. No further actions are
recommended for this species.

Bent-flowered
fiddleneck Amsinckia lunaris
BLMS,
CNPS
1B.2
Cismontane woodland, valley and
foothill grassland. 5-500 m.

Flowers March-June.

A
The natural areas within the BSA are
generally too shady for this species. This
perennial species was not observed during
the field surveys, which were conducted
during the flowering period. No further
actions are recommended for this species.

Franciscan
manzanita
Arctostaphylos
franciscana
FE,
CNPS
1B.1
Serpentinite outcrops in chaparral.
60-300 m. Flowers January-April. A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentine substrates. The BSA lacks
suitable serpentine soils and chaparral
habitat. No manzanitas (a woody perennial)
were observed in the BSA. No further actions
are recommended for this species.

Mt. Tamalpais
manzanita
Arctostaphylos
montana ssp.
montana
CNPS
1B.3
Generally serpentinite soil, valley
and foothill grassland. 160-760 m.

Flowers February-April.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentine substrates. The BSA lacks
suitable serpentine soils; and no manzanitas
(a woody perennial) were observed in the
BSA. No further actions are recommended
for this species.

Proposed Marin Road Bridge BPMP Project NES 46 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Presidio
manzanita
Arctostaphylos
montana ssp.
ravenii
FE,SE,
CNPS
1B.1
Serpentinite soil, chaparral, coastal
prairie, coastal scrub. 20-215 m.

Flowers February-April.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentine substrates. The BSA lacks
suitable serpentine soils and chaparral
habitat. No manzanitas (a woody perennial)
were observed in the BSA. No further actions
are recommended for this species.

Marin
manzanita
Arctostaphylos
virgata
CNPS
1B.2
Broad-leaved upland forest, closed
cone coniferous forest, chaparral,
north coast coniferous forest,
generally on sandstone or granitic
soil. 160-760 m. Flowers
December-March.

A
No manzanitas (a woody perennial) were
observed. No further actions are
recommended for this species.

Marsh sandwort Arenaria
paludicola

FE, SE,
CNPS
1B.1
Freshwater marsh. 10-170 m.

Flowers May-August. A No suitable habitat. No further actions are recommended for this species.

Coastal marsh
milk-vetch
Astragalus
pycnostachyus
var.
pycnostachyus
BLMS,
CNPS
1B.2
Coastal salt marshes, coastal
dunes, coastal scrub, stream
sides. 0-30 m. Flowers AprilOctober.

A No suitable habitat. No further actions are
recommended for this species.

Alkali milk-vetch Astragalus tener
var. tener
CNPS
1B.2
Alkali playa, valley and foothill
grassland, vernal pools. 1-170 m.

Flowers March-June.

A No suitable habitat. No further actions are
recommended for this species.

Thurber's reed
grass
Calamagrostis
crassiglumis (C.
stricta ssp.
inexpansa)
CNPS
2B.1
Mesic coastal scrub, freshwater
marshes and swamps. 5-50 m.

Flowers May-August.

A
This species is a rhizomatous perennial that
would have been observed during surveys, if
it was present. No further actions are
recommended for this species.

Tiburon
mariposa lily
Calochortus
tiburonensis

FT, ST,
CNPS
1B.1
Serpentinite soil, valley and foothill
grassland. Open rocky, serpentine.
50-150 m. Flowers March-June.

A No suitable habitat. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 47 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Seaside
bittercress
Cardamine
angulata
CNPS
2B.1
North coast coniferous forest,
lower montane coniferous forest,
wet places. 65-951 m. Flowers
April-June.

A
This perennial species was not observed
during the field surveys, which were
conducted during the flowering period. The
closest known occurrence of this species is a
1915 observation near the Town of
Lagunitas, over 5 miles away. No further
actions are recommended for this species.

Bristly sedge Carex comosa CNPS
2B.1
Marshes and swamps, lake
margins, wet places.5-1,005 m.

Flowers July-September.

A
The site does not have appropriate marsh,
swamp, or similar habitat. No further actions
are recommended for this species.

Lyngbye’s
sedge Carex lyngbyei CNPS
1B.1
Brackish or freshwater marshes. 0-
10 m. Flowers May-August. A
The site does not have appropriate marsh, or
similar habitat. No further actions are
recommended for this species.
northern
meadow sedge Carex praticola CNPS
2B.2
Moist to wet meadows and seeps.
(20) 500-3200 m. Flowers MayJulyA
This cespitose perennial was not observed
during surveys. No further actions are
recommended for this species.

Tiburon Indian
paintbrush
Castilleja affinis
ssp. neglecta

FE, ST,
CNPS
1B.2
Rocky serpentinite soil, valley and
foothill grassland. 75-400 m.

Flowers April-June.

A No suitable habitat. No further actions are
recommended for this species.

Mason's
ceanothus
Ceanothus
masonii
CNPS
1B.2
Dry rocky areas, chaparral. 230-
500 m. Flowers March-April. A No suitable habitat. No further actions are recommended for this species.

Point Reyes
bird’s beak
Chloropyron
maritimum ssp.
palustre
BLMS,
CNPS
1B.2
Coastal salt marsh. 0-10 m.

Flowers June-October. A
No suitable coastal salt marsh habitat. No
further actions are recommended for this
species.

San Francisco
Bay spineflower
Chorizanthe
cuspidata var.
cuspidata
CNPS
1B.2
Coastal bluff scrub, coastal dues,
coastal prairie. Coastal scrub,
sandy. 10-305 m. Flowers JuneAugust.

A
All known occurrences of this species in the
vicinity of the BSA are associated with sandy
soils in coastal habitat. The BSA lacks
suitable sandy coastal habitat. No further
actions are recommended for this species.

Sonoma
spineflower
Chorizanthe
valida
CNPS
1B.1
Sandy coastal prairie. 10-305 m.

Flowers June-August. A
All known occurrences of this species in the
vicinity of the BSA are associated with sandy
soils in coastal prairie habitat. The BSA
lacks suitable habitat. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 48 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Franciscan
thistle Cirsium andrewsii CNPS
1B.2
Moist places in broadleafed upland
forest on the coast, coastal bluff
scrub, coastal prairie, and coastal
scrub. 0-150 m. Flowers MarchJuly.

A No suitable habitat. No further actions are
recommended for this species.

Mt. Tamalpais
thistle
Cirsium
hydrophilum var.
vaseyi
CNPS
1B.2
Moist places in broadleafed upland
forest, chaparral, meadows and
seeps on serpentine. 240-620 m
Flowers May-August.

A No suitable serpentine habitat. No further
actions are recommended for this species.

Presidio clarkia Clarkia
franciscana

FE, SE,
CNPS
1B.1
Serpentinite soil, valley and foothill
grassland. 25-335 m. Flowers
May-July.

A No suitable serpentine habitat. No further
actions are recommended for this species.

Round-headed
Chinese houses
Collinsia
corymbosa
CNPS
1B.2
Coastal dunes.0-20 m. Flowers
April-June. A No suitable dune habitat. No further actions are recommended for this species.

San Francisco
collinsia Collinsia multicolor CNPS
1B.2
Closed-cone coniferous forest,
coastal scrub, on decomposed
shale in humus. 30-250m. Flowers
March-May.

A No suitable habitat. No further actions are
recommended for this species.

Western
leatherwood Dirca occidentalis CNPS
1B.2
Mesic sites, broadleafed upland
forest, closed-cone conifer forest,
chaparral, cismontane woodland,
north coast coniferous forest,
riparian forest, riparian woodland.
25-425 m. Flowers January- April.

HP
Woodland habitat within the BSA may
support this species. This perennial woody
shrub species was not observed during the
field surveys, which were conducted when
this species would be identifiable. No further
actions are recommended for this species.

Tiburon
buckwheat
Eriogonum
luteolum var.
caninum
CNPS
1B.2
Serpentinite soil, chaparral, coastal
prairie, valley and foothill
grassland. 0-700 m. Flowers JuneSeptember.

A
No suitable habitat. No buckwheats were
observed during surveys. No further actions
are recommended for this species.

Koch's cord
moss
Entosthodon kochii CNPS
1B.3
Cismontane woodland and valley
foothill grassland. Know from
Plumas NF on serpentine river
bank. 500-1,000 m. Flowers N/A.

A No suitable serpentine habitat. No further
actions are recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 49 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Minute pocket
moss
Fissidens
pauperculus
USFSS,
CNPS
1B.2
North coast coniferous forest. On
damp soil on the coast and in dry
streambeds and banks on soil in
humus comprised of heavily
decayed wood. 10-100 m. Flowers
N/A (best observed during the wet
season).

A
There is no north coast coniferous forest
habitat on the site. This species was not
observed during the field surveys, which
occurred during the wet season when this
species is identifiable, though common
member of the same genus was found
(Fissidens crispus). No further actions are
recommended for this species.

Marin checker
lily
Fritillaria
lanceolata var.
tristulis
CNPS
1B.1
Coastal bluff scrub, coastal prairie,
coastal scrub. Canyons and
riparian areas and rocky outcrops.
15-150 m. Flowers February-April.

HP
Though not coastal, there is riparian habitat
in the BSA. However, no Fritillaria were
observed during the field surveys, which
were conducted during the flowering period.

No further actions are recommended for this
species.

Fragrant
fritillary Fritillaria liliacea
USFSS,
CNPS
1B.2
Coastal scrub, valley and foothill
grassland, coastal prairie. Usually
on clay soils, often on serpentine in
grassland.3-410 m. Flowers
February- April.

A No suitable habitat. No further actions are
recommended for this species.

Blue coast gilia Gilia capitata ssp.
chamissonis
CNPS
1B.1
Coastal dunes, coastal scrub.

Elevation range: 2-180 m. Flowers
April-July.

A
The BSA lacks suitable coastal dune and
scrub habitat. No further actions are
recommended for this species.

Woolly-headed
gilia
Gilia capitata ssp.
tomentosa
CNPS
1B.1
Rocky serpentine outcrops in
coastal bluff scrub and valley and
foothill grassland. 10-220 m.

Flowers May-July.

A
Known occurrences of this species in the
vicinity of the BSA are associated with
serpentine soils in coastal bluff scrub and
valley and foothill grassland. The BSA lacks
suitable habitat. No further actions are
recommended for this species.

Dark-eyed gilia Gilia millefoliata
BLMS,
CNPS
1B.2
Coastal dunes. 2-30 m. Flowers
April-July. A
All known occurrences of this species in the
vicinity of the BSA are associated with
coastal dunes. The BSA lacks suitable
habitat. No further actions are recommended
for this species.

Proposed Marin Road Bridge BPMP Project NES 50 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Diablo
helianthella
Helianthella
castanea
CNPS
1B.2,
BLMS
Broadleaved upland forest,
chaparral, coastal scrub,
cismontane woodland, riparian
woodland, valley and foothill
grassland. 25-1150 m. Flowers
April to June.

A
This species requires more sun than is found
in the BSA. No Helianthella were observed
during the field surveys, which were
conducted during the flowering period. No
further actions are recommended for this
species.

Congested
headed hayfield
tarplant
Hemizonia
congesta ssp.
congesta
(Hemizonia
congesta ssp.
leucocephala)
CNPS
1B.2
Coastal scrub, valley and foothill
grassland; located in grassy
valleys, hills, and fallow fields. 20-
550 m. Flowers April-November.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
coastal scrub and valley and foothill
grassland. Surveys were conducted during
the flowering period. The BSA lacks suitable
habitat. No further actions are recommended
for this species.

Marin western
flax
Hesperolinon
congestum

FT, ST,
CNPS
1B.1
Serpentinite soil, chaparral, valley
and foothill grassland. Known only
from Marin, San Francisco, and
San Mateo counties. In serpentine
barrens and in serpentine
grassland chaparral. 5-370 m.

Flowers April-July.

A No suitable habitat. No further actions are
recommended for this species.

Water stargrass
Heteranthera
dubia
CNPS
2B.2
Requires a pH of 7 or higher,
usually in slightly eutrophic waters.

Marshes and swamps (alkaline,
still or slow-moving water). 30-
1495 m. Flowers July-October.

A No suitable habitat. No further actions are
recommended for this species.

Santa Cruz
tarplant
Holocarpha
macradenia

FT, CE,
CNPS
1B.1
Coastal prairie, coastal scrub,
Valley and foothill grassland, often
clay. 10-20 m. Flowers JuneOctober.

A No suitable habitat. No further actions are
recommended for this species.

Kellogg’s
horkelia
Horkelia cuneata
var. sericea
CNPS
1B.2,
BLMS
Closed-cone coniferous forest,
chaparral (maritime), coastal
dunes, coastal scrub, openings,
sandy/gravelly. 10-200 m.

Flowers April-Sept.

A No suitable habitat. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 51 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Thin-lobed
horkelia Horkelia tenuiloba
CNPS
1B.2,
BLMS
Broadleaf upland forest, chaparral,
valley and foothill grassland/mesic
openings, sandy. 50-500 m.

Flowers April-July.

HP
Limited poor quality, disturbed habitat
present. No Horkelia were observed during
the field surveys, which were conducted
during the flowering period. No further
actions are recommended for this species.

Small
groundcone Kopsiopsis hookeri CNPS

2.3 North coast coniferous forest,
generally on salal (Gaultheria
shallon) and Vaccinium. 90-885 m.

Flowers April-August.

A
The BSA lacks suitable habitat for this
species. No salal present. No further actions
are recommended for this species.

Beach layia Layia carnosa

FE, SE,
CNPS
1B.1
Sandy soil, coastal dunes, coastal
scrub. 0-60 m. Flowers MarchJuly.A
All known occurrences of this species in the
vicinity of the BSA are associated with
coastal scrub and dunes. The BSA lacks
suitable habitat. No further actions are
recommended for this species.

Rose
leptosiphon
Leptosiphon
rosaceus
CNPS
1B.1
Coastal bluff scrub. 0-100 m.

Flowers April-July. A
All known occurrences of this species in the
vicinity of the BSA are associated with
coastal bluff scrub. The BSA lacks suitable
habitat. No further actions are recommended
for this species.

San Francisco
lessingia
Lessingia
germanorum

FE, SE,
CNPS
1B.1
Coastal scrub (remnant dunes) 25-
110 m. Flowers June-November. A The BSA lacks suitable habitat. No further actions are recommended for this species.

Tamalpais
lessingia
Lessingia
micradenia var.
micradenia
CNPS
1B.2
Chaparral, valley and foothill
grassland; usually located on
serpentine substrate, often
roadsides. 10-500 m. Flowers
June-October.

A
The BSA lacks serpentine and suitable
habitat. No further actions are recommended
for this species.

Pitkin Marsh
lily
Lilium pardalinum
ssp. pitkinense

FE, SE,
CNPS
1B.1
Cismontane woodland, meadows
and seeps, marshes and swamps
(freshwater), mesic and sandy.
35-65 m. Flowers June-July.

A
Known only from areas near Sebastopol. The
mesic area in the BSA does not provide
appropriate habitat. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 52 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Marsh
microseris
Microseris
paludosa
CNPS
1B.2
Moist places, cismontane
woodland, coastal scrub, valley
and foothill grassland, (Moist
grassland or open woodland). 5-
300 m. Flowers April-July.

A
This species is typically found in areas that
receive more sunlight than the site. It was not
observed during the field surveys, which
were conducted during the flowering period.

No further actions are recommended for this
species.

Marin County
navarretia Navarretia rosulata CNPS
1B.2
Rocky serpentinite soil, closedcone coniferous forest, chaparral. 200-635 m. Flowers May-July.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentinite soil. The BSA lacks suitable
habitat. No further actions are recommended
for this species.

White-rayed
pentachaeta
Pentachaeta
bellidiflora

FE, SE,
CNPS
1B.1
Valley and foothill grassland,
coastal scrub, coastal prairie, open
dry rocky areas, often serpentine.
35-620 m. Flowers March-May.

A
The BSA lacks suitable open dry rocky habit.

This species was not observed during the
field surveys, which were conducted during
the flowering period. No further actions are
recommended for this species.

Choris'
popcorn-flower
Plagiobothrys
chorisianus var.
chorisianus
CNPS
1B.2
Moist places, coastal prairie,
coastal scrub, chaparral, seasonal
marsh. Known only from San
Francisco southward. 60-485 m.

Flowers March-June
A
The BSA lacks suitable habit. This species
was not observed during the field surveys,
which were conducted during the flowering
period. No further actions are recommended
for this species.

San Francisco
popcorn-flower
Plagiobothrys
diffusus
SE,
CNPS
1B.1
Seasonally moist places, coastal
prairie, valley and foothill
grassland. Known only from San
Francisco southward. 0-100 m.

Flowers April-June.

A
The BSA lacks suitable habit. This species
was not observed during the field surveys,
which were conducted during the flowering
period. No further actions are recommended
for this species.

Hairless
popcorn-flower
Plagiobothrys
glaber CNPS 1A
Alkaline meadows and seeps,
coastal salt marshes.0-100 m.

Flowers March-May
A
Historically occurred on grassy slopes with
marine influence. The BSA lacks suitable
habit. This species was not observed during
the field surveys. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 53 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
North coast
semaphore
grass
Pleuropogon
hooverianus
BLMS,
ST,
CNPS
1B.1
Moist, open to shaded areas,
broadleafed upland forest,
meadows and seeps, north coast
coniferous forest. Marshy
areas.10-1,150 m. Flowers MayAugust.

A
The BSA lacks suitable habit. There is only a
small amount of vegetation at the edge of the
creekbed and the banks are too dry. This
species was not observed during the field
surveys, which were conducted during the
flowering period. No further actions are
recommended for this species.

Oregon
polemonium
Polemonium
carneum
CNPS
2B.2
Coastal prairie, coastal scrub,
lower montane coniferous forest.
0-1,830m. Flowers AprilSeptember.

A
The BSA lacks suitable habitat. This species
was not observed during the field surveys,
which was conducted during the flowering
period. No further actions are recommended
for this species.

Tamalpais oak
Quercus parvula
var.
tamalpaisensis
CNPS
1B.3
Lower montane coniferous forest.
100-750 m. Flowers March-April. HP
Limited suitable habitat for this species may
be present in the uplands in BSA. However,
this is a woody shrub, which if present, would
have been observed during the field surveys.

No further actions are recommended for this
species.

Adobe sanicle Sanicula maritima
USFSS,
SR,
CNPS
1B.1
Chaparral, coastal prairie,
meadows and seeps, valley and
foothill grassland, often clay and
serpentine. 30-240 m. Flowers
February-May.

A
Suitable clay and serpentine habitat for this
species is not present in the BSA. The
closest known occurrence is a population
believed to be extinct, south of San
Francisco. No further actions are
recommended for this species.

Point Reyes
checkerbloom
Sidalcea calycosa
ssp. rhizomata
CNPS
1B.2
Freshwater marshes and swamps
near the coast. 3-75 m. Flowers
April-September.

A
All known occurrences of this species in the
vicinity of the BSA are associated with marsh
habitat. The BSA lacks suitable marsh
habitat. No further actions are recommended
for this species.

Marin
checkerbloom
Sidalcea hickmanii
ssp. viridis
CNPS
1B.1
Chaparral; located on serpentine
or volcanic substrate; often
observed following burns. 50-425
m. Flowers May-June.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
chaparral on serpentine or volcanic
substrates. The BSA lacks suitable habitat.

No further actions are recommended for this
species.

Proposed Marin Road Bridge BPMP Project NES 54 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
San Francisco
campion
Silene verecunda
ssp. verecunda
CNPS
1B.2
Coastal bluff scrub, chaparral,
coastal prairie, coastal scrub,
valley and foothill grassland, often
mudstone, one on serpentine. 30-
645 m. Flowers March-August.

A
This subspecies is typically found on sand,
mudstone, or serpentine in coastal habitats.

The BSA lacks suitable habitat. No further
actions are recommended for this species.

Santa Cruz
microseris
Stebbinsoseris
decipiens
CNPS
1B.2
Open areas in broadleafed upland
forest, closed-cone coniferous
forest, chaparral, coastal prairie,
coastal scrub, valley and foothill
grassland. 30-645 m. Flowers
April-May.

A
Suitable habitat for this species is not present
within BSA due to the shady, mesic
conditions and level of disturbance. It was not
observed during the field surveys, which
were conducted during the flowering period.

No further actions are recommended for this
species.

Tamalpais
jewel-flower
Streptanthus
batrachopus
CNPS
1B.3
Serpentinite soil, chaparral, closedcone coniferous forest. 305-650 m.

Flowers April-June.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentine outcrops or openings. The BSA
lacks suitable habitat. No further actions are
recommended for this species.

Tiburon jewelflower
Streptanthus
glandulosus ssp.
niger (previously
Streptanthus
niger)

FE, SE,
CNPS
1B.1
Serpentinite soil, valley and foothill
grassland. 30-150 m. Flowers
May-June.

A
All known occurrences of this species in the
vicinity of the BSA are associated with thin
rocky serpentine soil. The BSA lacks suitable
habitat. No further actions are recommended
for this species.

Mt. Tamalpais
bristly jewelflower
Streptanthus
glandulosus ssp.
pulchellus
CNPS
1B.2
Serpentinite soil/talus, chaparral,
valley and foothill grassland. 150-
800 m. Flowers May-July.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
serpentine outcrops or openings. The BSA
lacks suitable habitat. No further actions are
recommended for this species.

Suisun Marsh
aster
Symphyotrichum
lentum
CNPS
1B.2
Brackish and freshwater marshes
and swamps.0-3 m. Flowers MayNovember.A
All known occurrences of this species in the
vicinity of the BSA are found along wet
sloughs and marshes. The BSA lacks
suitable habitat. No further actions are
recommended for this species.

Proposed Marin Road Bridge BPMP Project NES 55 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
Two fork clover Trifolium
amoenum
FE,
CNPS
1B.1
Coastal bluff scrub, valley and
foothill grassland (sometimes
serpentinite), open sunny sites.5-
415 m. Flowers April-June.

A
All known occurrences of this species in the
vicinity of the BSA are found in open sunny
sites in chaparral and grassland. The BSA
does not have suitable habitat. This species
was not observed during the field surveys,
which were conducted during the flowering
period. No further actions are recommended
for this species.

Saline clover
Trifolium
hydrophilum (syn.

Trifolium
depauperatum var.
hydrophilum)
CNPS
1B.2
Marshes and swamps, valley and
foothill grassland (mesic, alkaline),
vernal pools. 0-300 m. Flowers
April-June.

A
All known occurrences of this species in the
vicinity of the BSA are associated with
alkaline or saline wetlands. The BSA lacks
suitable habitat. No further actions are
recommended for this species.

San Francisco
owl's-clover
Triphysaria
floribunda
CNPS
1B.2
Coastal prairie, coastal scrub,
valley and foothill grassland,
generally serpentinite soil.10-160
m. Flowers April-June.

A
The BSA does not provide suitable habitat.

This species was not observed during the
field surveys, which were conducted during
the flowering period. No further actions are
recommended for this species.

Coastal
triquetrella
Triquetrella
californica
USFSS
CNPS
1B.2
Coastal prairie, coastal scrub.

Grows within 30 meters of the
coast on gravelly rocky soil. 30-150
m. Flowers May-June.

A
Typically found close to the coast on gravel
or rock. The BSA does not provide suitable
habitat. No further actions are recommended
for this species
Proposed Marin Road Bridge BPMP Project NES 56 September 2017 Common
Name Scientific Name Status General Habitat Description Habitat
Present/
Absent
Rationale
* Key to status codes:

FE Federal Endangered
FT Federal Threatened
FD Federal Delisted
FC Federal Candidate
BCC USFWS Birds of Conservation Concern
MMPA Species protected under the Marine Mammal Protection Act SC State Candidate
SE State Endangered
ST State Threatened
SR State Rare
SSC CDFW Species of Special Concern
CFP CDFW Fully Protected Animal
WBWG Western Bat Working Group (High or Medium) Priority species BLMS Bureau of Land Management Sensitive Species
USFSS U.S. Forest Service Sensitive Species
CNPS 1A CNPS Rare Plant Rank 1A: Plants presumed extirpated in California and either rare or extinct elsewhere CNPS 1B CNPS Rare Plant Rank 1B: Plants rare, threatened, or endangered in California and elsewhere CNPS 2A CNPS Rare Plant Rank 2A: Plants presumed extirpated in California, but more common elsewhere CNPS 2B CNPS Rare Plant Rank 2B: Plants rare, threatened, or endangered in California, but more common elsewhere CNPS 3 CNPS are Plant Rank 3: Plants about which more information is needed – a review list CNPS 4 CNPS Rare Plant Rank 4: Plants of limited distribution – a watch list CNPS Rare Plant Threat Ranks

0.1-Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)

0.2-Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)

0.3-Not very threatened in California (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known) *Presence:

Absent [A] - no habitat present and no further work needed.

Habitat Present [HP] -habitat is, or may be present. The species may be present.

Present [P] - the species is present.

Critical Habitat [CH] - proposed project footprint is located within a designated critical habitat unit, but does not necessarily mean that appropriate habitat is present.

Proposed Marin Road Bridge BPMP Project NES 57 September 2017 Chapter 4 – Results: Biological Resources, Discussion of Impacts and Mitigation
Habitats and Natural Communities of Special Concern
Habitats are considered to be of special concern based on (1) federal, state, or local laws regulating their development; (2) limited distributions; and/or (3) the habitat requirements of special-status plants or animals occurring on site. Two natural communities of special concern were found to be present in the BSA, Riparian Woodland and Perennial Stream (CWA “Other Waters”). These communities are summarized in Table 2, discussed below, and shown on the Biological Communities Map Figure 3a. The Perennial Stream “Other Waters” is also considered sensitive by federal and state agencies, due to the regulatory aspects discussed in more detail in Chapter 2, above and in the Jurisdictional Delineation Report.

Figure 3b shows the proposed project’s impact areas. The following sections present a discussion of the impacts and mitigation for each natural community of special concern.

Permanent impacts are a conversion of a natural community to structures such as, bridge support or to an area of engineered slope stabilization. Temporary impacts are disturbances to existing natural communities that would be restored to the same natural community type following construction (such as dewatering).

Table 2: Direct Impacts of the Proposed Project to Natural Communities of Special Concern.

Natural Community of Special Concern Permanent Impacts Temporary Impacts Riparian Woodland 0 ft2 (0 acre) 0 ft2 (0 acre)
Perennial Stream “Other Waters”
0 ft2 (0 acre)/ 0 linear
feet
2,613 ft2 (0.06 acre)/
295 linear feet
Total 0 acre (0 ft2) 2,613 ft2 (0.06 acre)
Table 3: Direct Impacts of the Proposed Project to Jurisdictional Areas by Agency.

Agencies Jurisdiction Permanent Impacts Temporary Impacts CDFW (creek bed and bank) 0 ft2 (0 acre) 2,613 ft2 (0.06 acre) USACE and RWQCB (creek bed) 0 ft2 (0 acre) 2,613 ft2 (0.06 acre)

RIPARIAN WOODLAND
Riparian Woodland Survey Results
Vegetated plant communities in the BSA are comprised of Ruderal Disturbed/Developed, which is not a habitat of concern and Riparian Woodland, which is discussed here. An open canopy riparian woodland, loosely similar to Box-Elder Forest (Acer Negundo Forest Alliance) (G5, S2.2), follows a narrow route through the BSA (Figure 3a). The Box-Elder Forest’s G5, S2.2 ranking indicates that it is a natural community of special concern (sensitive) at the state level, though more common in other regions. Within this habitat in the BSA, the primary overstory Proposed Marin Road Bridge BPMP Project NES 58 September 2017 species are box elder and white alder. Dense box elder shrubs are have colonized the bank that is north of the bridge. The herbaceous/vine layer is comprised mainly of English ivy and Himalayan blackberry, and scattered grasses and forbs including panic veldtgrass and miner’s lettuce. Approximately 0.26 acre of Riparian Woodland is present in the BSA (Figure 3a).

Riparian Woodland Aoidance and Minimization Efforts
The following avoidance and minimization measures will be employed to avoid or minimize impacts to the greatest extent possible:
 Invasive plant species encountered within the work area will be removed, and soils within these areas will be stabilized using appropriate erosion control measures, as needed.
 Silt fencing or other approved sediment trapping will be installed down gradient of the work site to minimize off-site transport of sediments.
 Exclusion fencing will be installed along the limits of clearing and grubbing to prevent encroachment into undisturbed habitats.
 Trees in the work area will be protected with orange construction fencing.

Riparian Woodland Project Impacts
As summarized in Table 2 above, no permanent or temporary impacts to Riparian Woodland are anticipated to occur as a result of proposed project construction. No tree or vegetation trimming is anticipated to be needed for construction access.

Riparian Redwood Forest Compensatory Mitigation
No temporary impacts are anticipated to this natural community and no compensatory mitigation is required.

Riparian Redwood Forest Cumulative Impacts
No future public or private activities are known to be planned or reasonably foreseen for the BSA vicinity. Therefore, cumulative effects are not anticipated for this proposed project.

PERENNIAL STREAM (“OTHER WATERS”)
PerennialStream (“Other Waters”) Survey Results
Perennial Stream (“Other Waters”)
The Perennial Stream Biological Community consists of the streambed, which is approximately

0.12 acre (310 linear feet) of “other waters”. There are no wetlands in the BSA. Fairfax Creek is a perennial creek. Flows vary with the rainfall patterns of a given season. It is supported by a local watershed, generally, the western part of the Town of Fairfax and adjacent open space lands. The creek substrate is a mix of small gravel to larger cobble and rock. Indicators of the OHW mark include the slope change at the bed and earthen bank junction and wrack at the edge of the creek bed. The channel width at the OHW mark was used to determine the stream (“other waters”) boundary shown on Figure 3a. The creek is not included on the National System of Wild and Scenic Rivers published by the U.S. Department of the Interior. There are Map Date: March 2016
Map By: smortensen
Base Source: Esri Stream - Marin County 2014
Bridge Preventative
Maintenance Program
Town of Fairfax,
California
Flow
Marin Rd.

Bothin Rd.

Sir Francis Drake Blvd.

Existing Wingwall
Existing Wingwall
Cofferdam
Cofferdam
0 20 40 80
Feet
Figure 3b.

Marin Road Bridge
Effects to
Biological Communities
Path: L:\Acad 2000 Files\22000\22304\GIS\ArcMap\BPMP\Marin Road Bridge\2017\Fig3b_Marin_Effects_20170622.mxd Biological Study Area - 2.14 ac.

Temporary Impacts
Ground Disturbance (<0.01 ac.)
De-watering (0.06 ac.)
Biological Communities
Perennial Stream (0.12 ac.)
Riparian Woodland (0.26 ac.)
Ruderal disturbed/Developed (1.76 ac.)
Unvegetated bank (<0.01 ac.)
Ground Disturbance De-watering
Perennial Stream <0.01 ac. | 70 Linear Feet 0.06 ac. | 295 linear feet Riparian Woodland 0 0
Ruderal Disturbed/Developed 0 0
Unvegetated Bank 0 0
Temporary Impacts to Biological Communities
Total
0 0
0 0.06 ac. | 295 linear feet
@wrO

ENVIRONMENTAL CONSULTANTS
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W h E
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Proposed Marin Road Bridge BPMP Project NES 60 September 2017 This page intentionally left blank
Proposed Marin Road Bridge BPMP Project NES 61 September 2017 no wetlands in the BSA. The bridge has a concrete headwall and sidewalls, as well as wingwalls at the upstream and downstream banks. Just upstream of the bridge there is a concrete retaining wall along the base of the northwest bank. The remaining banks adjacent to the bridge are earthen.

Pursuant to the Clean Water Act Section 404 and 401, the creek below OHW would be within the USACE and RWCQB jurisdiction. It would also be protected by Porter Cologne (RWQCB).

There are no areas in the BSA that would be considered only Waters of the State (not Waters of the US).

Perennnial Stream Avoidance and Minimization Efforts
The following measures are included to avoid and/or minimize and restore potential impacts to creek habitat resulting from the use of mechanical equipment in the creek bed.  The primary construction will be completed during the dry season, between April 15 and October 15.
 Final grading in the creek bed will conform to the existing creek channel both downstream and upstream (except in the areas of permanent fill), and existing bed materials will be replaced with similar sized materials.  Regulatory approval will be obtained for all work within potential jurisdictional areas, including approval from the USACE, RWQCB, CDFW, and NMFS. All work within these areas will conform to any conditions imposed by the regulating agencies.  Prior to any clearing, grubbing, pruning, or groundbreaking activity, the limits of construction will be fenced with temporary high-visibility construction fencing to protect environmentally sensitive areas, to prevent any equipment from unnecessarily extending the work area or entering the wetted channel. In addition, silt fencing will be installed at the base of the construction fencing, or where appropriate, to prevent debris from entering the creek. All fencing will be removed upon project completion.  Prior to construction, the contractor will be required to prepare an Accidental Spill Prevention and Cleanup Plan. This plan would include required spill control absorbent material, for use beneath stationary equipment, to be present on-site and available at all times.
 To minimize fluid leaks during operation, refueling, and maintenance of stationary equipment spill control absorbent material will be in place underneath this equipment at all times to capture potential leaks. All refueling and maintenance of equipment, other than stationary equipment, will occur outside the creek’s top-of-bank. Any hazardous chemical spills will be cleaned immediately.
 All stockpiling of construction materials, equipment, and supplies, including storage of chemicals, refueling and maintenance, will occur outside the creek channel. No equipment will be washed where runoff could enter the creek.  No motorized equipment is to be left within the channel (top of bank to top of bank) overnight, unless a container or similar method is securely placed beneath the equipment to catch any fluid leakage. All contained fluids will be disposed of in a permitted manner.
 The contractor will be required to use a drilling mud and slurry seal that is nontoxic to aquatic life if there are drilling activities related to construction of the proposed project.

All drilling muds and fluid will be contained on-site in tanks and disposed of in a permitted manner. Fluids from saw cutting and other activities will be collected and not allowed to flow into the creek.

Proposed Marin Road Bridge BPMP Project NES 62 September 2017  No equipment, including concrete trucks, will be washed within the channel of the creek, or where wash water could flow into the channel. Prior to proposed project construction, the contractor will establish a concrete washout area for concrete trucks in a location where wash water will not enter the creek or adjacent areas. The washout area will follow the practices outlined in the San Francisco Bay Regional Water Quality Control Board Erosion and Sediment Control Field Manual (page 107-108, July 1999) or more recent guidelines. Substitution of the designated concrete washout area or methods will require prior approval of the Town of Fairfax.
 All water that comes in contact with wet concrete must be pumped directly into tanks and disposed of at a permitted location.
 If work is to occur on the roadway and bridge approaches during the period October 15 to April 15, all drainage inlets within the proposed project site will be protected from receiving polluted storm water through the use of filters such as fabrics, gravel bags, straw wattles, or other appropriate BMPs.
 Water encountered during construction of the bridge foundations or footings will be managed in accordance with an approved dewatering plan.  All workers will ensure that food scraps, paper wrappers, food containers, cans, bottles, and other trash from the BSA are deposited in covered or closed trash containers. The trash containers will not be left open and unattended overnight.  The Town of Fairfax will require that all disturbed areas in the stream channel be regraded to match the surrounding topography by October 15. Seed and certified weedfree straw will be placed on disturbed areas in the proposed project site (with the exception of the lower creek banks, creek bed, and areas below the OHW mark). A jute mesh type or equivalent matting will be placed over the straw, installed per the manufacturer’s instructions. This matting will have no plastic incorporated into it.

Substitution of materials or erosion control methods will require prior approval of the Town of Fairfax.
 After construction, the proposed project site will be inspected following the first heavy rain, during the middle of the rainy season and at the end of the rainy season. During each visit areas of significant erosion or erosion control device failure will be noted and appropriate remedial actions taken.

With the implementation of these measures, it is expected that the proposed project will not result in substantial adverse impacts to creek habitat.

Project Impacts
As summarized in Table 2 above, no permanent impacts are anticipated; however, 2,613 square feet (0.06 acre, approximately 295 linear feet) of temporary impacts to potentially jurisdictional “other waters” (creek bed) are proposed.

Temporary, direct impacts to the creek would occur as a result of temporary trenching within the creek bed for wingwall repair and during dewatering. A pool is present at the southwest wingwall which will require dewatering prior to work in this area. In addition, dependent upon on the amount of surface water present during construction, cofferdams and a temporary stream diversion may be needed to isolate the work area. If surface water is limited to the immediate vicinity of each wingwall, then cofferdams will not be necessary; if the surface water extends upstream or downstream, then cofferdams would be required. Temporary direct impacts in association with trenching and ground disturbance activities are limited to less than 436 square feet (0.01 acre, approximately 70 linear feet) of creek bed.

Proposed Marin Road Bridge BPMP Project NES 63 September 2017 Temporary, indirect impacts may occur if construction-related sediment enters creeks within the BSA. However, implementation of construction BMPs described above would ensure such impacts are avoided.

Perennial Stream Compensatory Mitigation
No permanent impacts are anticipated. Hence, compensatory mitigation is not required.

Cumulative Impacts
No future public or private activities are known to be planned or reasonably foreseen for the BSA vicinity. The proposed project would result in minimal permanent changes to the creek bed.

Therefore, cumulative effects are not anticipated for this project.

Special-Status Plant Species
Based upon a review of the resources and databases discussed in Section 2, 69 special-status plant species have been documented in the vicinity of the BSA. No critical habitat for specialstatus plants exists within the proposed project area. Table 1 discusses the potential for each of the special-status plant species to occur in the BSA. Those special-status plant species documented in CNDDB within 5 kilometers (3 miles) of the BSA are shown in Figure 4 (CDFW 2017a). Suitable habitat is present in the BSA for five of the species. Key points regarding those species are summarized here.
 Napa false indigo (Amorpha californica var. napensis, CNPS 1B.2). Upland habitat within the BSA could support this species. However, it may be too mesic in some areas and too disturbed other areas. This shrub species, which is easily identifiable, was not observed during the field surveys.
 Western leatherwood (Dirca occidentalis, CNPS 1B.2). The upland portion of the Riparian Woodland habitat within the BSA could support this species. However, it may be too mesic in some areas and too disturbed other areas. This shrub species, which is easily identifiable, was not observed during the field surveys.

 Marin checker lily (Fritillaria lanceolata var. tristulis, CNPS 1B.1). Though not coastal, there is riparian habitat within the BSA. No Fritillaria (a perennial bulbiferous herb) were observed during the field surveys, which were conducted during the flowering period.  Thin-lobed horkelia (Horkelia tenuiloba, CNPS 1B.2, BLMS). Limited poor quality, disturbed habitat present. No Horkelia were observed during the field surveys, which were conducted during the flowering period.
 Tamalpais oak (Quercus parvula var. tamalpaisensis, CNPS 1B.3). Though, uplands in the BSA provides potential habitat, this species is a woody shrub, which would have been identifiable during the site visits. No shrub oaks were observed during the field surveys.

The remaining special-status plant species documented in the vicinity are unlikely to occur in the BSA due to lack of suitable habitats (such as coastal dunes, coastal prairie, coastal salt marsh or vernal pools) or specific substrates (i.e. serpentine, volcanic rock). The BSA is in a residential area, with structures (houses, sheds, etc.), fenced backyards, and landscape areas nearby. There are a few dense patches of English ivy and Himalayan blackberry. The areas that are not vegetated, are bare dirt, rock, or duff. The creek bed is generally unvegetated.

Proposed Marin Road Bridge BPMP Project NES 64 September 2017 No special-status plant species were observed in the BSA during floristic surveys completed during the appropriate flowering periods. No effects on special-status plant species are anticipated and no further discussion of special-status plant species is necessary.

Special-Status Wildlife Species
Ninety-five special-status wildlife species have been documented in the background literature as potentially occurring in the quadrangles or noted in a review of other resources as having overlapping ranges and habitat requirements (Table 1 and Appendix C). Nine of these specialstatus wildlife species have been documented in CNDDB within 5 kilometers (3 miles) of the BSA (Figure 5; CDFW 2017a).

Fairfax Creek is a tributary of San Anselmo Creek which currently supports an annual run of steelhead. However, a total barrier exists at the downstream end of Fairfax Creek before the confluence with San Anselmo Creek. A concrete box culvert located at Bolinas Avenue terminates at a vertical drop of approximately 4 feet, and has an overall length of 458 feet with a slope of 0.94 percent (Ross Taylor and Associates 2006). An assessment of the culvert concluded that adult steelhead, and resident rainbow trout have a zero percent chance of passing the barrier because of the vertical drop height, length, and slope of the culvert (Ross Taylor and Associates 2006). In addition, historical records have documented an absence of steelhead in Fairfax Creek since about 1960 (Leidy et al. 2005). The proposed project will have no effect on steelhead.

Fairfax Creek is designated as EFH for Pacific Salmonids including Coho and Chinook salmon.

Coho salmon are considered extirpated from San Francisco Bay and all of its tributaries, thus they will not be affected by the proposed project (NMFS 2012). Fairfax Creek is outside of the known range for Chinook salmon, thus they will not be affected by the proposed project (UC Davis 2016). Although these species have no potential to occur within the BSA, EFH is still present and may be temporarily affected by the proposed Project. Following the implementation of avoidance and minimization measures outlined in the section below, the proposed project is anticipated to have no permanent adverse effect on EFH.

Northern spotted owls (Strix occidentalis caurina), a Federal threatened and State threatened species, are documented within 0.5 mile of the BSA. However, northern spotted owls require undisturbed forests for foraging and nesting. The preferred forest types including fir or other coniferous trees are not present within or adjacent to the BSA. Typical disturbance buffers for northern spotted owl are 0.25 mile. The nearest potential nesting habitat and nearest documented occurrences are both greater than 0.25 mile from the BSA; therefore, the proposed project is not anticipated to disturb northern spotted owl nesting in the region. The absence of fir and redwood forest within the BSA, distance to suitable habitat, and baseline levels of anthropogenic disturbance from surrounding residential development reduce the potential for northern spotted owl to be present near the BSA or for spotted owls to be disturbed by proposed project activities. In addition, no trees are to be removed by the proposed project. Therefore, the proposed project will have no effect on northern spotted owl.

Of the 95 special-status wildlife species documented to occur in the vicinity, five species have potential to occur within the BSA. The remaining 90 species identified in Table 1 are unlikely to occur within the BSA because of existing conditions within and surrounding the BSA.

Roadways, residential development, creek channelization, and various anthropogenic disturbances reduce the amount of available breeding, rearing, and foraging habitat for most special-status species. Several habitat types or habitat conditions which are required to support special-status wildlife species are also absent from the BSA, such as marsh, open grassland, woodland riparian, and serpentine habitats.
5-km. buffer from Biological Study Area
3 2
1 13
12 14 11
9 19
16 20
9 9
9 16
21 21
15 16
19 9
9 9
5 9
16 19
19 19
9 16
9 11
19 4
9 9
9 19
9 9
4 19
19 19
4 16
9 9
9 4
16 4
8 9
16 9 4
19 9
18 9
15 4
4 16
9 15
9 15
9 19
6 19
9 8
15 9 15
9 9
9 8
8 19
9 8
6 11
11 11
19 16
10 9
8 19
19 19
16 17
5 Figure 4. Special-status Plant Species Occurrences within 5 Kilometers of the Biological Study Area
Bridge Preventative Maintenance Program
Marin Road Bridge NES
Marin County, California
0 0.5 1
Miles
Path: L:\Acad 2000 Files\22000\22304\GIS\ArcMap\BPMP\Marin Road Bridge\2017\Fig4_Marin_CNDDB_Plants_20170427.mxd Map Prepared Date: 4/28/2017
Map Prepared By: smortensen
Base Source: Esri Streaming - National Geographic
Data Source(s): WRA, CNDDB Apr2017
1, bent-flowered fiddleneck
2, congested-headed hayfield tarplant
3, Marin checkerbloom
4, Marin County navarretia
5, Marin manzanita
6, Marin western flax
7, Mason's ceanothus
8, Mt. Tamalpais bristly jewelflower
9, Mt. Tamalpais manzanita
10, Mt. Tamalpais thistle
11, Napa false indigo
12, North Coast semaphore grass
13, Point Reyes checkerbloom
14, Santa Cruz tarplant
15, Tamalpais jewelflower
16, Tamalpais lessingia
17, Tamalpais oak
18, thin-lobed horkelia
19, Tiburon buckwheat
20, two-fork clover
21, white-rayed pentachaeta
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Proposed Marin Road Bridge BPMP Project NES 66 September 2017

This page intentionally left blank
5-km. buffer from Biological Study Area
7 4
5 4
1 1
3 9 2
8 6
Figure 5. Special-status Wildlife Species Occurrences within 5 Kilometers of the Biological Study Area
Bridge Preventative Maintenance Program
Marin Road Bridge NES
Marin County, California
0 0.5 1
Miles
Path: L:\Acad 2000 Files\22000\22304\GIS\ArcMap\BPMP\Marin Road Bridge\2017\Fig5_Marin_CNDDB_Wildlife_20170427.mxd Map Prepared Date: 4/28/2017
Map Prepared By: smortensen
Base Source: Esri Streaming - National Geographic
Data Source(s): WRA, CNDDB Apr2017
1, California giant salamander
2, coho salmon - central California coast ESU
3, hoary bat
4, pallid bat
5, San Pablo song sparrow
6, western pond turtle
7, San Bruno elfin butterfly
8, steelhead - central California coast DPS
9, Tomales roach
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Proposed Marin Road Bridge BPMP Project NES 68 September 2017 This page intentionally left blank
Proposed Marin Road Bridge BPMP Project NES 69 September 2017 Trees within the BSA are primarily California bay which do not provide cavities or complex foliage required to support tree roosting bats. The underside of the bridge structure is also solid with no gaps, openings, or seams which could potentially be used by roosting bats. The BSA also receives a high level of human disturbance from the residences and traffic in the vicinity further reducing the potential for special-status bat species such as Townsend’s big-eared bat (Corynorhinus townsendii) to occur within the BSA. This species is highly sensitive to disturbance at roost sites. The absence of roost sites and other habitat features within the BSA makes the presence of special-status bats or other bat species unlikely. Additionally, no trees are anticipated to be removed for the project. Therefore, the project will have no effect on roosting bats.

Special-status amphibian and reptile species such as California giant salamander (Dicamptodon ensatus), foothill yellow-legged frog (Rana boylii), California red-legged frog (Rana draytonii), and Pacific pond turtle (Actinemys marmorata) are also unlikely to occur. Fairfax Creek within the BSA is highly modified with wingwalls, abutments, and retaining walls with minimal natural bank substrate. No occurrences of these species have been documented within the watershed, and California red-legged frog is not known within this portion of Marin County nor has it been documented within 5 miles of the BSA (CDFW 2017a). Nearby occurrences of foothill yellowlegged frog and Pacific pond turtle are located in different watersheds than the BSA and greater than 1.5 miles from the BSA (CDFW 2017a). In addition, the BSA lacks suitable pool habitat and has too high flows during the breeding season to support foothill yellow-legged frog or California giant salamander; therefore, the BSA does not contain suitable breeding habitat for these species. The BSA also lacks suitable basking and upland habitats for Pacific pond turtle. The lack of nearby occurrences, connectivity with occupied habitats, or suitable habitat within the BSA make it unlikely that special-status amphibian and reptile species will occur within the BSA; thus, the proposed project will have no effect on California giant salamander, foothill yellowlegged frog, California red-legged frog, or Pacific pond turtle.

Based on the habitat conditions present on the BSA and documented range and occurrence information for special-status wildlife species (CDFW 2017a and 2017b), it was determined that the BSA contains potential habitat for five other special-status or protected wildlife species including: Allen’s hummingbird (Selasphorus sasin), purple martin (Progne subis), olive-sided flycatcher (Contopus cooperi), oak titmouse (Baeolophus inornatus), and Nuttall’s woodpecker (Picoides nuttallii). The BSA also has potential to support non-special-status nesting birds.

These species and their potential for occurrence in the BSA are discussed in further detail below.

EFH AND FISH PASSAGE
The Magnuson-Stevens Fishery Conservation and Management Act requires all fishery management councils to describe and identify EFH defined as the “waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” This may include historic ranges and habitats used by fish which are not currently occupied. The Pacific Coast Salmon Fishery Management Council identified EFH for the Pacific Salmon Fishery and defined the geographic extent of freshwater EFH as all water bodies currently or historically occupied by the managed salmon stocks which can be above man-made barriers to anadromy (PFMC 2014). Freshwater EFH for salmonids includes spawning and incubation, juvenile rearing, juvenile migration corridors, and adult migration corridors and holding habitats.

Survey Results
The BSA is designated as EFH for Pacific Salmonids, and Fairfax Creek within the BSA is primarily slow riffle habitat with substrate composed of gravels and cobble. During the November 2014 site visit, depths of the creek averaged approximately 3-5 inches and widths Proposed Marin Road Bridge BPMP Project NES 70 September 2017 varied from 2-10 feet. Channel slope in the BSA is gradual with shallow pools present.

Additionally, deeper pools are present at the upstream and downstream end of the BSA, greater than 50 feet from the proposed project impacts and footprint. Pool habitat above and below the BSA was approximately 12-30 inches deep at the time of the site visit. No impediments to fish passage such as plunge pools, culverts, structures or large substrate were present within the BSA. These conditions are suitable to support native fish and could support steelhead if the species were present.

The 458-foot concrete box culvert located at Bolinas Avenue represents a total barrier preventing Fairfax Creek from currently supporting anadromy or salmonids. The combination of vertical drop height, length, and slope of the culvert, make passage through the culvert by steelhead unlikely (Ross Taylor and Associates 2006).

Fish passage downstream of the BSA in San Anselmo Creek has been improved in recent years with the retrofit of the Center Avenue box culvert in 2012 (CEMAR 2012). However, the concrete box culvert at Bolinas Avenue on Fairfax Creek represents a total barrier to anadromy.

It should be noted that as part of the 2006 assessment of barriers in the Corte Madera Creek watershed, options to retrofit or replace the Bolinas Avenue culvert were discussed within the report (Ross Taylor and Associates 2006). Because this barrier represents the primary obstruction preventing a run of steelhead on Fairfax Creek, and plans have been discussed for the removal or retrofit of this barrier, it is possible that an annual steelhead run will return to Fairfax Creek in the near future. Therefore, informal consultation with NMFS will be initiated to ensure EFH is not impacted by the proposed project.

Avoidance and Minimization
Habitat in the BSA is designated as EFH for Pacific salmonids, although anadromous fish including salmonids cannot currently access Fairfax Creek. In addition to the measures identified for the Perennial Stream Biological Community; the following measures will be implemented to avoid and minimize potential project impacts to EFH.  Informal consultation with NMFS will be conducted to ensure proposed project design will not result in permanent adverse effects to fish passage or EFH.  Work within the channel will be conducted during the dry season (June 1 through October 31). Work outside of this period will require consultation with NMFS.  Work will be conducted in isolation from flowing water. Prior to the start of construction activities, the work area will be isolated, and flowing water should be diverted around the isolated area.
 A fish rescue plan will be developed prior to the onset of any in-channel work if water is present. The plan will be implemented by a qualified biologist during dewatering activities in Fairfax Creek. The fish rescue plan will include an overview of the proposed methods for dewatering, expected location and duration of dewatering activities, and methods for conducting fish rescue during dewatering activities.  Concrete, dust, and other debris from concrete removal activities will be captured and removed from the work site so as not to enter the creek channel.  The creek banks will be restored to pre-project conditions following the completion of work.
 The creek channel will be restored to the original grade using native cobble, gravel, and soils in appropriate ratios to mimic pre-project conditions.

Proposed Marin Road Bridge BPMP Project NES 71 September 2017 Project Impacts
As summarized in Table 2 above, 2,613 square feet (0.06 acre, approximately 295 linear feet) of temporary impacts to EFH are anticipated. No permanent loss of Perennial Stream habitat is anticipated from the proposed project. Temporary, direct impacts to the creek will occur as a result of trenching to stabilize wingwalls and is limited to less than 435.6 square feet (0.01 acre, approximately 70 linear feet) of creekbed. Additional Temporary direct impacts may occur for dewatering to allow equipment access to the wingwalls and their footings for repairs. A maximum of 2,613 square feet (0.06 acre, approximately 295 linear feet) of temporary direct impacts may occur from dewatering activities. No barriers to fish passage will be constructed and no new additions to the bridge which may re-route flows are expected.

The proposed project will result in temporary impacts to EFH; however, no permanent adverse impacts are anticipated. The project is scheduled during the dry season when fish are least likely to be present. The bridge work will add material to the existing riprap but will not create a barrier across the channel, decrease flows, change substrate size, or channelize the stream.

Riprap will be placed within existing riprap to prevent further erosion of the banks. The stream channel and banks will be restored to near pre-project conditions following the completion of bridge work, recreating the gradient which currently exists. Restoration will use previously excavated cobble and gravel substrate to mimic the channel conditions prior to excavation including creek gradient. As such, the project will not change fish passage conditions and will not impact fish passage should special-status fish runs return to Fairfax Creek.

The proposed project will not result in any changes to existing land use; and the BSA will be restored to conditions similar to those before the project. Therefore, no indirect impacts are expected.

The proposed project will not result in loss of habitat to the physical and biological properties of EFH. Therefore, the proposed project may affect, but is not likely to adversely affect EFH.

Cumulative Impacts
No cumulative effects are anticipated from the proposed project. Downstream fish passage improvements have been recently made at the Center Avenue box culvert and future improvements to the Bolinas Avenue culvert are expected (FOCMCW 2016). The improvement of this structure will remove the fish passage barrier which currently precludes anadromy in Fairfax Creek. If this were to occur, Fairfax Creek may support a steelhead run. The proposed project will restore the BSA to near pre-project conditions and not result in changes to fish passage within the BSA. Restoration to near pre-project conditions will ensure that no barriers are created to fish passage during proposed project activities, and any improvements to downstream fish passage will not be hindered by the proposed project, and no cumulative effects are anticipated.

SPECIAL-STATUS AND NON-SPECIAL-STATUS NESTING BIRDS
Five special-status species of birds including: Allen’s hummingbird, purple martin, olive-sided flycatcher, oak titmouse and Nuttall’s woodpecker, have potential to nest within or adjacent to the BSA. A brief discussion on these species is provided below. In addition to the special-status bird species, non-special-status birds have the potential to nest within the BSA. Most native birds in the United States, including non-status species, are protected by the Federal Migratory Bird Treaty Act of 1918 and California Fish and Game Code. Under these legislations, destroying active nests, eggs, or young is illegal.

Proposed Marin Road Bridge BPMP Project NES 72 September 2017  Allen’s hummingbird (Selasphorus sasin, USFWS Bird of Conservation Concern). Allen’s hummingbird, common in many portions of its range, is a summer resident along the majority of California’s coast and a year-round resident in portions of coastal southern California and the Channel Islands. Breeding occurs in association with the coastal fog belt, and typical habitats used include coastal scrub, riparian, woodland and forest edges, and eucalyptus and cypress groves (Mitchell 2000). It feeds on nectar, as well as insects and spiders.
 Purple martin (Progne subis, CDFW Species of Special Concern). The purple martin is an uncommon summer resident in California, occurring in woodlands and low-elevation hardwood and coniferous forest. It usually feeds on insects captured in flight 100-200 feet above ground. The purple martin nests in cavities often located in tall, isolated trees or snags in open forest or woodland.
 Olive-sided flycatcher (Contopus cooperi, CDFW Species of Special Concern, USFWS Bird of Conservation Concern). This species if found within the coniferous forest biome, most often associated with forest openings, forest edges near natural openings (e.g. meadows, canyons, or rivers) or human-made openings (e.g., harvest units), or open to semi-open forest stands (Altman, 2000).
 Oak titmouse (Baeolophus inornatus, USFWS Bird of Conservation Concern). This relatively common species is year-round resident throughout much of California including most of the coastal slope, the Central Valley and the western Sierra Nevada foothills. Its primary habitat is woodland dominated by oaks. Local populations have adapted to woodlands of pines and/or junipers in some areas (Cicero 2000). The oak titmouse nests in tree cavities, usually natural cavities or those excavated by woodpeckers, though they may partially excavate their own (Cicero 2000). Seeds and arboreal invertebrates make up the birds’ diet.
 Nuttall’s woodpecker (Picoides nuttallii, USFWS Bird of Conservation Concern). Nuttall’s Woodpecker, common in much of its range, is a year-round resident throughout most of California west of the Sierra Nevada. Typical habitat is oak or mixed woodland, and riparian areas (Lowther 2000). Nesting occurs in tree cavities, principally those of oaks and larger riparian trees. Nuttall’s woodpecker also occurs in older residential settings and orchards where trees provide suitable foraging and nesting habitat. This species forages on a variety of arboreal invertebrates.

Survey Results
Trees and vegetation within and surrounding the BSA may provide potential nest sites or foraging habitat for Allen’s hummingbird, purple martin, olive-sided flycatcher, oak titmouse, and Nuttall’s woodpecker, and for non-special-status bird species. In addition, the bridge structure and low lying brush may support non-special-status bird nesting.

Proposed Marin Road Bridge BPMP Project NES 73 September 2017 Avoidance and Minimization
Although potential nesting habitat for nesting birds would not be lost as a result of the proposed project, construction could disturb active nests. The following measures will be implemented to avoid and minimize potential impacts to special-status and non-special-status nesting birds:
 If proposed project activities begin between February 15 and August 15, preconstruction surveys will be conducted by a qualified biologist prior to ground disturbance or vegetation removal to determine whether active nests containing eggs, chicks, or young are present in the BSA. Pre-construction surveys for active nests will be conducted no more than 14 days prior to ground disturbing or vegetation removal activities.
 If active nests containing eggs, chicks, or young are not observed during preconstruction surveys, construction can proceed.  If active nests containing eggs, chicks, or young are observed, ground-disturbing activities will be avoided within a 25- to 100-foot exclusion zone for passerine birds and a 200- to 500-foot exclusion zone for raptors and special-status species. Exclusion size will be dependent upon species and nest location. Appropriate exclusion distances will be determined by a qualified biologist based on the species present and location of the nest relative to construction activities (e.g., the nest is sufficiently shielded from construction to avoid disturbance). Construction within this buffer will be prohibited until the qualified biologist determines that the nest is no longer active. If an active nest is found after the completion of the pre-construction surveys or after construction begins, all construction activities will stop until a qualified biologist has evaluated the nest and determined an appropriate buffer to be placed around the nest. If avoidance of a buffer zone is not feasible, CDFW and/or the USFWS will be contacted to coordinate an appropriate course of action.
 No surveys will be required if project activities begin during the non-nesting season, August 16 and February 14.

Project Impacts
The BSA contains potential nesting habitat for special-status and non-special-status nesting birds. Although this habitat would not be lost as a result of the proposed project, construction activities could result in direct impacts to active nests, and construction noise could result in indirect impacts to active nests. No trees are anticipated to be removed, and the BSA will be restored to pre-project conditions, and as such, no permanent direct effects to nesting birds are expected.

The proposed project will not result in any changes to existing land use and the BSA will be restored to pre-project conditions; therefore, no indirect effects are expected.

Cumulative Impacts
No future public or private activities are known to be planned or reasonably foreseen for the BSA. The proposed project does not include any additional activities beyond those discussed in this document. Therefore, cumulative effects on special-status and non-special-status nesting birds are not anticipated for the proposed project.

Proposed Marin Road Bridge BPMP Project NES 74 September 2017 Chapter 5 – Conclusions and Regulatory Determinations
Federal Endangered Species Act Consultation Summary
There has been no federal Endangered Species Act Section 7 consultation to date with the USFWS and/or NMFS. The proposed project is anticipated to have no effect on steelhead as they are currently precluded from the BSA. However, the barrier at Bolinas Avenue may be removed or modified in the near future, and this would reestablish anadromy to Fairfax Creek. A technical assist or informal consultation with NMFS is recommended to assess proposed project effects and ensure no adverse effects occur to fish passage. A Biological Assessment and a request for letter of concurrence will be submitted to NMFS as part of the consultation process.

The project is anticipated to have no effect on northern spotted owl, a federally threatened species, or its habitat; therefore, no consultation is necessary with USFWS. Coho salmon are considered extirpated from San Francisco Bay (NMFS 2012, Brown and Moyle 1991); therefore, the project will have no effect on Coho salmon and consultation is not required.

Essential Fish Habitat Consultation Summary
Although no species covered under EFH are anticipated to occur, the BSA contains habitat identified as Pacific Salmon EFH. No loss of habitat function or value is anticipated from the proposed project. The proposed project is not anticipated to adversely modify EFH and no permanent project impacts are anticipated. Temporary impacts to EFH will occur during dewatering for work in the creek. Informal consultation with NMFS is recommended to assess effects, avoidance and minimization measures used to reduce impacts to EFH, and a review of the proposed project design for fish passage consideration. A Biological Assessment and a request for letter of concurrence will be submitted to NMFS as part of the consultation process.

California Endangered Species Act Consultation Summary
California state-listed species do not have potential to occur within the BSA. No take of statelisted or candidate species is anticipated to occur during the proposed project; therefore, consultation in relation to the California Endangered Species Act is not necessary for the proposed project.

Wetlands and Other Waters Coordination Summary
As summarized in Table 2 above, no permanent impacts and 2,613 square feet (0.06 acre, approximately 295 linear feet) of temporary impacts to potential jurisdictional “other waters” (creek bed) are proposed. A preliminary Jurisdictional Determination will be submitted to the USACE for verification. The permits that will be required include a Streambed Alteration Agreement (CDFW), CWA 401 certification (RWQCB), and CWA 404 Nationwide Permit 3 (Maintenance) or 14 (Linear Transportation Projects) (USACE).

Invasive Species
With implementation of the avoidance and minimization efforts in Section 3, the proposed project would not result in severe infestations of invasive plant species or spread of the New Zealand mud snail.

Proposed Marin Road Bridge BPMP Project NES 75 September 2017 Other
Migratory Bird Treaty Act and California Fish and Game Code. Although potential nesting habitat for nesting birds would not be lost as a result of the project, construction could result in temporary impacts if active nests are disturbed. Measures including preconstruction surveys and establishment of buffers if active nests are found will ensure that the project will not affect nesting birds.

Proposed Marin Road Bridge BPMP Project NES 76 September 2017 Chapter 6 – References
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Brown, L. R., and P. B. Moyle. 1991. Status of Coho Salmon in California. Report to National Marine Fisheries.

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CDFG. 1994. A Field Guide to Lake and Streambed Alteration Agreements, Sections 1600-1607, California Fish and Game Code. Environmental Services Division, Sacramento, CA.

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CDFG. 2003. List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database Wildlife and Habitat Data Analysis Branch. Vegetation Classification and Mapping Program, Sacramento, CA.

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Proposed Marin Road Bridge BPMP Project NES 77 September 2017 Federal Register. November 13, 1986. Department of Defense, Corps of Engineers, Department of the Army, 33 CFR Parts 320 through 330, Regulatory Programs of the Corps of Engineers; Final Rule. Vol. 51, No. 219; page 41217.

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Lowther, Peter E. 2000. Nuttall's Woodpecker (Picoides nuttallii), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online:
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Proposed Marin Road Bridge BPMP Project NES September 2017 Appendix A – Plant and Wildlife Species Observed during the Site Visits
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Appendix A1. Plant Species Observed During the Fairfax BPMP Bridges Site Visits (Bridges 27C0146, 27C0143, and 27C0141) on November 17, 2014, January 16 and March 16, 2015, April 12, 2016and June 23, 2016
Family Scientific Name Common Name
Other
Hornwort
(Anthocerotaceae) Anthceros sp. -
lichen Ramalina menziesii lace lichen
liverwort
(Lunulariaceae)
Lunularia sp. -
liverwort (Aytoniaceae) Reboulia sp. (cf) -
moss Alsia californica -
moss Brachythecium albicans -
moss Ceratodon purpureus -
moss Claopodium whippleanum -
moss Dendroalsia abietina -
moss Epipterygium tozeri -
moss Fissidens crispus -
moss Pohlia sp. -
moss Syntrichia princeps prince of mosses
moss Tortula muralis
Cupressaceae Sequoia sempervirens redwood
Dryopteridaceae Polystichum munitum western swordfern
Equisetaceae Equisetum arvense common horsetail
Polypodiaceae Polypodium californicum California polypody Pteridaceae Adiantum jordanii California maidenhair fern - - various landscape plantings
Eudicots
Acanthaceae Acanthus mollis bear's breeches
Anacardiaceae Toxicodendron diversilobum poison oak
Apiaceae Foeniculum vulgare fennel
Apiaceae Sanicula crassicaulis sanicula
Apiaceae Scandix pectin-veneris Venus’ needle
Apiaceae Torilis arvensis ssp. purpurea hedge parsley
Apocynaceae Vinca major big leaf periwinkle
Araliaceae Hedera helix English ivy
Asteraceae Adenocaulon bicolor trail marker
Asteraceae Carduus pycnocephalus Italian thistle
Asteraceae Taraxacum officinale common dandelion
Betulaceae Alnus rhombifolia white alder
A-1
Family Scientific Name Common Name
Boraginaceae Myosotis latifolia broadleaf forget me not Brassicaceae Lunaria annua lunaria
Caprifoliaceae Lonicera japonica Japanese honeysuckle
Caprifoliaceae Symphoricarpos albus var. laevigatus snowberry Caryophyllaceae Stellaria media common chickweed
Chenopodiaceae Chenopodium album lambs quarters
Cucurbitaceae Marah fabacea California man-root
Euphorbiaceae Euphorbia peplus petty spurge
Fabaceae Acacia melanoxylon blackwood acacia
Fabaceae Genista monspessulana French broom
Fabaceae Medicago polymorpha bur clover
Fabaceae Trifolium dubium little hop clover
Fabaceae Vicia sativa ssp. nigra narrow leaved vetch
Fagaceae Quercus agrifolia var. agrifolia coast live oak Fagaceae Quercus kelloggii black oak
Geraniaceae Erodium botrys storks bill
Geraniaceae Erodium cicutarium storks bill
Geraniaceae Erodium (moschatum?) California filigree
Geraniaceae Geranium dissectum cut leaf geranium
Geraniaceae Geranium molle woodland geranium
Hypericacaeae Hypericum anagalloides Tinkers penny
Juglandaceae Juglans cinerea butternut
Lamiaceae Mentha pulegium penny royal
Lamiaceae Mentha spicata spearmint
Lamiaceae Stachys rigida var. querectorum hedge-nettle
Lauraceae Umbellularia californica California bay
Montiaceae Claytonia perfoliata miners lettuce
Moraceae Ficus carica edible fig
Myrsinaceae Lysimachia arvensis scarlet pimpernel
Oleaceae Ligustrum japonicum privet
Oxalidaceae Oxalis incarnata crimson wood sorrel
Oxalidaceae Oxalis pes-carpe Bermuda buttercup
Papaveraceae Fumaria capreolata white ramping fumitory
Plantaginaceae Plantago lanceolata English plantain
Platanaceae Platanus racemosa
(P. x hispanica?)
sycamore
Polygonaceae Rumex acetosella sheep sorrel
Polygonaceae Rumex conglomeratus dock
A-2
Family Scientific Name Common Name
Polygonaceae Rumex (obtusifolius?) bitterdock
Ranunculaceae Clematis ligusticifolia western virgins bower Rosaceae Amelanchier utahensis service berry
Rosaceae Cotoneaster pannosus silverleaf cotoneaster
Rosaceae Prunus sp. prunus
Rosaceae Pyracantha angustifolia firethorn
Rosaceae Rosa sp. rose (landscape plant)
Rosaceae Rubus armeniacus Himalayan blackberry
Rosaceae Rubus ursinus California blackberry
Ruscaceae Maianthemum (racemosum?) False Solomon’s seal Rubiaceae Galium aparine goosegrass
Sapindaceae Acer macrophyllum big leaf maple
Sapindaceae Acer negundo boxelder
Sapindaceae Aesculus californica buckeye
Urticaceae Urtica dioica stinging nettle
Monocots
Alliaceae Allium triquetrum Three-cornered leek
Amaryllidaceae Galanthus sp. snowdrop (landscape plant) Araceae Zantedeschia aethiopica calla-lily
Cyperaceae Carex sp. sedge
Cyperaceae Cyperus eragrostis tall flat nut-sedge
Iridaceae Chasmanthe aethiopica coral lily (landscape plant) Iridaceae Freesia sp. (landscape planting) freesia
Juncaceae Juncus articus var. balticus Baltic rush
Juncaceae Juncus patens rush
Juncaceae Juncus sp. rush
Poaceae Agrostis sp. bent grass
Poaceae Avena barbata slender wild oat
Poaceae Avena fatua wild oat
Poaceae Bromus diandrus ripgut brome
Poaceae Bromus sp. brome
Poaceae Cortaderia jubata pampus grass
Poaceae Cynosurus echinatus hedgehog dogtail
Poaceae Ehrharta erecta panic veldtgrass
Poaceae Festuca myuros rattail grass
Poaceae Festuca perennis perennial ryegrass
Poaceae Hordeum murinum sp. murinum wall barley
Poaceae Poa annua annual bluegrass
A-3
A-4
Appendix A2. Wildlife Species Observed During the Fairfax BPMP Bridges Site Visits (Bridges 27C0146, 27C0143, and 27C0141) on November 17, 2014 and March 15, 2016 Site Visits.

Scientific Name Common Name
Mammals
Felis catus feral cat
Sciurus griseus western gray squirrel
Sciurus niger fox squirrel
Odocoileus hemionus columbianus black-tailed deer
Birds
Aphelocoma californica California scrub-jay
Baeolophus inornatus oak titmouse
Cathartes aura turkey vulture
Corvus brachyrhynchos American crow
Euphagus cyanocephalus Brewer’s blackbird
Haemorhous mexicanus house finch
Melanerpes formicivorus acorn woodpecker
Picoides nuttallii Nuttall’s woodpecker
Poecile rufescens chestnut backed chickadee
Corvus corax common raven
Cyanocitta stelleri Steller’s jay
Spinus psaltria lesser goldfinch
Zenaida macroura mourning dove
Zonotrichia leucophrys white-crowned sparrow
Fish
Gasterosteus aculeatus threespine stickleback
Cottus asper prickly sculpin
Invertebrates
Potamopyrgus antipodarum New Zealand mud snail
Pieris rapae cabbage white
Proposed Marin Road Bridge BPMP Project NES September 2017 Appendix B - USFWS Species List
Proposed Marin Road Bridge BPMP Project NES September 2017 This page intentionally left blank
June 05, 2017
United States Department of the Interior

FISH AND WILDLIFE SERVICE
Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
Phone: (916) 414-6600 Fax: (916) 414-6713
In Reply Refer To:

Consultation Code: 08ESMF00-2016-SLI-1018
Event Code: 08ESMF00-2017-E-06074
Project Name: Marin Road Bridge Preventative Maintenance Project Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern:

The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, under the jurisdiction of the U.S. Fish and Wildlife Service (Service) that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the Service under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 ).et seq.

Please follow the link below to see if your proposed project has the potential to affect other species or their habitats under the jurisdiction of the National Marine Fisheries Service:
http://www.nwr.noaa.gov/protected_species/species_list/species_lists.html New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 ), Federal agencies are required to et seq. z I.M. 1 s. fhe
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06/05/2017 Event Code: 08ESMF00-2017-E-06074 2
utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 ), and projects affecting these species may require et seq. development of an eagle conservation plan
(http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats.

Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:
http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and
http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

Official Species List
06/05/2017 Event Code: 08ESMF00-2017-E-06074 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Sacramento Fish And Wildlife Office
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
(916) 414-6600
2 Event Code: 08ESMF00-2017-E-06074 06/05/2017
Project Summary
Consultation Code: 08ESMF00-2016-SLI-1018
Event Code: 08ESMF00-2017-E-06074
Project Name: Marin Road Bridge Preventative Maintenance Project Project Type: BRIDGE CONSTRUCTION / MAINTENANCE
Project Description: Marin Road Bridge (Br. No. 27C-0143) is a single span concrete earth-filled closed arch structure, constructed presumably circa 1930 over Fairfax Creek, Town of Fairfax, California. The bridge is on a residential street leading to Sir Francis Drake Boulevard, a major arterial through the town of Fairfax. The structure is approximately 41 feet long and a little over 26 feet wide. It supports two lanes of traffic nearly 10 feet above the creek bed. Repairs to Marin Road Bridge will focus on the toppling bridge wingwall, tattered rock slope protection around the same wingwall, structural damage to a second wingwall, and soffit spalls. Repair of the wingwalls will involve creek excavation and burying riprap such that final grade will remain unchanged from pre-work conditions. The work will be at both the deck and below deck levels and is expected to take as many as ten working days from start to finish. Work will be conducted within one dry season (April 15 - October 15).

Project Location:

Approximate location of the project can be viewed in Google Maps:
https://www.google.com/maps/place/37.9934010523286N122.59468204707034W Counties: Marin, CA
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06/05/2017 Event Code: 08ESMF00-2017-E-06074 3
Endangered Species Act Species
There is a total of 18 threatened, endangered, or candidate species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area. Please contact the designated FWS office if you have questions.

Mammals

NAME STATUS
Salt Marsh Harvest Mouse (Reithrodontomys raviventris)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/613
Endangered
06/05/2017 Event Code: 08ESMF00-2017-E-06074 4
Birds

NAME STATUS
California Clapper Rail (Rallus longirostris obsoletus) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/4240
Endangered
California Least Tern (Sterna antillarum browni)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/8104
Endangered
Marbled Murrelet (Brachyramphus marmoratus)
Population: U.S.A. (CA, OR, WA)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/4467
Threatened
Northern Spotted Owl (Strix occidentalis caurina)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1123
Threatened
Short-tailed Albatross (Phoebastria (=Diomedea) albatrus) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/433
Endangered
Western Snowy Plover (Charadrius alexandrinus nivosus)
Population: Pacific Coast population DPS-U.S.A. (CA, OR, WA), Mexico (within 50 miles of Pacific coast)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/8035
Threatened
Amphibians

NAME STATUS
California Red-legged Frog (Rana draytonii)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/2891
Threatened
06/05/2017 Event Code: 08ESMF00-2017-E-06074 5
Fishes

NAME STATUS
Delta Smelt (Hypomesus transpacificus)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/321
Threatened
Steelhead (Oncorhynchus (=Salmo) mykiss)
Population: Northern California DPS
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/1007
Threatened
Tidewater Goby (Eucyclogobius newberryi)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/57
Endangered
Insects

NAME STATUS
Mission Blue Butterfly (Icaricia icarioides missionensis) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6928
Endangered
Myrtle's Silverspot Butterfly (Speyeria zerene myrtleae) No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6929
Endangered
San Bruno Elfin Butterfly (Callophrys mossii bayensis)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/3394
Endangered
06/05/2017 Event Code: 08ESMF00-2017-E-06074 6
Flowering Plants

NAME STATUS
Marin Dwarf-flax (Hesperolinon congestum)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/5363
Threatened
Santa Cruz Tarplant (Holocarpha macradenia)
There is a final critical habitat designated for this species. Your location is outside the designated critical habitat.

Species profile: https://ecos.fws.gov/ecp/species/6832
Threatened
Showy Indian Clover (Trifolium amoenum)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/6459
Endangered
White-rayed Pentachaeta (Pentachaeta bellidiflora)
No critical habitat has been designated for this species.

Species profile: https://ecos.fws.gov/ecp/species/7782
Endangered
Critical habitats
There are no critical habitats within your project area.

Proposed Marin Road Bridge BPMP Project NES September 2017 Appendix C – Preparers Qualifications
Proposed Marin Road Bridge BPMP Project NES September 2017 This page intentionally left blank
. Kelly Biological Consulting
5San Anselmo, CA 94960
(415) 482-9703
P.O. Box 1625
Truckee, CA 96160
(530) 582-9713

PRINCIPAL
Micki Kelly, Principal, Plant Ecologist
Professional Wetland Scientist (Certification #001007)
 Experienced in conducting plant surveys and wetland delineations in a wide variety of habitats.  Managed the wetland permitting tasks for construction of a gas transmission line that crossed over 200 wetlands and "other waters" in California, Oregon, and Nevada. Negotiated with 3 U.S. Army Corps of Engineers Districts, 5 Regional Water Quality Control Boards, and other agencies pursuant to the Clean Water Act Sections 401, 402, and 404, and the Porter Cologne Act.  Taught plant identification and ecology for the U.S. Army Corps of Engineers wetland delineation 40- hour training program. Also taught a class in Sierra Nevada flora and special status plants.  Designed and implemented a monitoring plan that provided accurate comprehensive data while controlling costs for the 230-mile Tuscarora Gas Transmission Line and the 164-mile Alturas Intertie Project.
 Developed and implemented two large-scale off-site wetland mitigation areas.  Received written commendation from the U.S. Army Corps of Engineers and California Department of Fish and Wildlife on a wetland permit and mitigation plan for a project in the Sierra foothills involving a Section 7 consultation.

CAPABILITIES
Kelly Biological Consulting is a WBE certified, small business experienced in conducting wetland delineations and special status plant surveys, creating vegetation maps, preparing permits, mitigation plans, and the vegetation sections of CEQA and NEPA environmental documents. The firm's primary goals are responding to client needs and providing top quality work using the knowledge that comes from years of experience. Kelly Biological Consulting subcontracts wildlife and fisheries biologists to offer a full range of biological services. 7 . .0
2 Ms. Kelly has 25 years of relevant experience, successfully managing multi-faceted projects with wetland and endangered species issues, supervising staff and subcontractors. She completes projects on time and within budget. She studied plant ecology, taxonomy, and statistics at the University of Michigan, San Francisco State University, and the University of California, Berkeley. She has taught plant identification and ecology for the U.S. Army Corps of Engineers wetland delineation 40-hour training program. Prior to establishing Kelly Biological Consulting in 1994, she worked as a plant ecologist for WRA, CH2MHill, and Harding Lawson Associates.

Ms. Kelly has conducted sensitive plant species surveys and written impact and mitigation texts for California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents and as well as baseline information on restoration sites. She is experienced in designing sensitive plant surveys in accordance with the current California Native Plant Society and the California Department of Fish and Wildlife guidelines. She has conducted vegetation studies in habitats ranging from coastal salt marsh to foothill riparian and montane meadows in California and Nevada. She has extensive experience in designing suitable search patterns based on the desired level of intensity. Ms. Kelly has prepared biological assessments and developed special status plant mitigation and monitoring plans requiring substantial understanding of plant ecology.

Ms. Kelly has performed wetland assessments and delineations on numerous projects including complex filled and excavated problem wetlands, montane areas, farmed wetlands, two diked historic salt marshes that were over 1,000 acres, numerous small emergent wetlands, several 2,000+ acre sites in the Sierra Nevada, alkali playas, foothill riparian zones, and coastal salt marsh restoration sites. Ms. Kelly has expertise in Army Corps of Engineers approved sampling techniques and the data analysis that is used in performing routine and comprehensive delineation. She has developed and implemented wetland monitoring plans using the techniques currently known to be the most successful in wetland mitigation design and construction.

Ms. Kelly has extensive experience in the legal aspects of sensitive species and wetland protection. She has authored Army Corps of Engineers Permits involving Section 7 consultations, one of which received written commendation from the Army Corps of Engineers and Department of Fish and Game.

EDUCATION
BS Botany, University of Michigan
Graduate studies, University of California Berkeley and San Francisco State University

PROFESSIONAL SOCIETIES
Society of Wetland Scientists, Certified Professional Wetland Scientist California Native Plant Society, Past Marin Chapter Board Member (8 years) Society for Ecological Restoration
California Botanical Society
California Native Grass Association
California Invasive Plant Council (Cal-IPC)

REPRESENTATIVE PROJECTS
Project: Central Marin Police Station, Larkspur, CA
Client: Central Marin Police Authority
The Twin Cites Police Authority was planning to rebuild their police station when concerns about the existing storm drain outfalls and bank stability arose. Initial building construction was pending. Therefore, the first challenge was obtaining the federal and state permits quickly, even though sensitive brackish marsh habitat was adjacent to the site. Kelly Biological Consulting was able to conduct the wetland delineation and special status species surveys, and expedite the permits within the project deadlines. The second challenge was the site constraints (physical and biological). The site is on the outside bank of a ninety-degree bend in the creek, at the junction of freshwater and tidal flows. It is subject to large hydraulic forces in the winter and high salinity in the summer. In conjunction with the project geotechnical firm and the engineers, Ms. Kelly developed a restoration 3 design that successfully addressed the difficult site conditions. Ms. Kelly is currently conducting the wetland monitoring.

Project: Doherty Drive, Larkspur, CA
Client: Larkspur Department of Public Works (partially funded by Caltrans) The Larkspur Department of Public Works rebuilt Doherty Drive and replaced storm drain outfall structures to address flood control and other road problems. In addition, they incorporated an NTTP bike path. One of the challenges of the project was dealing with construction within brackish marsh habitat where special status species are known to occur, while working within a tight schedule. Kelly Biological Consulting conducted a wetland delineation and botanical studies. The firm prepared the permit applications, and negotiated with the regulatory agencies with the goal of constructing the outfalls in a timely, cost effective manner. Construction was completed with positive reviews from the agencies.

Project: Alexander Avenue Bridge Retrofit/Rehabilitation, Larkspur, CA Client: Larkspur Department of Public Works (partially funded by Caltrans) The Larkspur Department of Public Works retrofitted and rehabilitated the Alexander Ave. Bridge. Kelly Biological Consulting provided pre-construction monitoring which was conducted by WRA as a subcontractor. Ms Kelly also negotiated with California Department of Fish and Wildlife regarding tree removal and planted acorns as mitigation for tree removal.

Project: Doherty Drive Bridge Replacement, Larkspur, CA Client: Larkspur Department of Public Works (partially funded by Caltrans) The Larkspur Department of Public Works replaced Doherty Drive Bridge. The project required construction within brackish marsh habitat and a creek where special status species are known to occur. Kelly Biological Consulting provided construction monitoring with WRA as a subcontractor. Due to schedule issues, the project required working within protected species work windows. Ms Kelly negotiated with the regulatory agencies with the goal of completing construction to avoid the additional impacts to the community that would have occurred had construction been halted until the following season.

Project: Highway Interchange, San Benito, CA
Client: Subcontractor to WRA
A proposed project required the evaluation of potential interchange alternatives. The site was near the Pajaro River. Kelly Biological Consulting conducted the special status plant surveys and contributed to preparation of the NES.

Project: Caltrans Marin Narrows Road Widening, Marin County, CA Client: Subcontractor to WRA
Kelly Biological Consulting conducted a wetland delineation for the proposed Highway 101 widening in Marin as a subcontractor to WRA and CH2MHill. Work included field analysis, report and map preparation, and supervising WRA and CH2MHill staff. The most challenging element of the work was addressing SWANCC and Rapanos issues along a highway that had highly altered hydrology.

Project: U.S. Army Corps of Engineers Wetland Training Class, CA Client: San Francisco State University
Ms. Kelly has taught the plant ecology portion of a wetland delineation class. The students learned the basic elements of plant identification, methods for determining wetland status, dominant species, and the wetlandupland boundary.

Information on additional projects available on request.

San Rafael | San Diego | Fort Bragg | Denver (415) 454‐8868  info@wra‐ca.com www.wra‐ca.com During his time with WRA, Dan has managed and worked on a diversity of fisheries and wildlife related projects including permitting, endangered species consultation, protocol level surveys, habitat evaluation and assessments, rescue and relocation, and monitoring. He has extensive experience with fisheries related issues throughout California, and currently holds a Recovery Permit from the U.S. Fish and Wildlife Service (USFWS) for tidewater goby. His technical expertise includes fisheries ecology, fish passage evaluation, geomorphic surveying, special status species surveys, habitat assessments, and eelgrass surveys. Dan’s environmental work experience prior to starting with WRA includes fisheries and wildlife work in southern California, eelgrass work in Washington, and oil spill response in the Gulf of Mexico.

Dan has experience with environmental permitting including Endangered Species Act Section 7 and Essential Fish Habitat consultation, California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreements, CDFW Incidental Take Permits (2081), and biological resource assessments prepared for the California Environmental Quality Act (CEQA).

His experience includes the preparation of technical documents and implementation of permit compliance, mitigation, and monitoring requirements for these permits. Dan has experience with special status species including: longfin smelt, tidewater goby, steelhead, Chinook salmon, Santa Ana sucker, unarmored threespine stickleback, California red-legged frog, California tiger salamander, burrowing owl, clapper rail, black rail, Swainson’s hawk, Bay checkerspot butterfly, Callippe silverspot butterfly, pool fairy shrimp, and tadpole shrimp.

Representative Projects
County of Santa Clara, Bridge Scour Natural Environmental Studies, Santa Clara County, California
Twelve bridge locations within Santa Clara County were identified by Caltrans as having critical abutment scour necessitating repair. The Santa Clara County Roads and Airports Department, with funding from Caltrans, is completing the repairs, working with the Caltrans Office of Local Assistance. To complete these repairs, each bridge site was required to complete a Natural Environment Study (Minimal Impact) (NES MI) to evaluate the potential for impacts to biological resources, analyze permit requirements, and describe avoidance, minimization, and mitigation measures. Dan served as a lead biologist and his project work included site visits, design of mitigation and avoidance measures, and agency coordination in the preparation of the documents. Once permits were issued, including a National Marine Fisheries Service Biological Opinion, he lead fish salvage crews during dewatering activities.

DANIEL CHASE, MS
Associate
Fisheries Biologist
[email protected]
o: 415.524.7252
c: 707.363.5045
Years of Experience: 10
Education
MS, Physiology and Behavioral Biology,
San Francisco State University, 2014
BS, Conservation and Resource
Studies, University of California,
Berkeley, 2005
Professional Affiliations/
Certifications
USFWS Recovery Permit for Tidewater
Goby (TE-237061)
CDFG Scientific Collectors Permit
(#8472)
Transportation Worker Identification
Credential (TWIC)
American Association for the
Advancement of Science
Specialized Training
40-Hour HAZWOPER Training
Fish Passage Design & Engineering
Workshop, CDFG, NOAA Fisheries
Backpack Electrofishing: Principles and
Practices
Freshwater Fish Identification –
Biology, Ecology & Morphology
@)WrC

ENVIRONMENTAL CONSULTANTS
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Daniel Chase