1 MITIGATION MONITORING AND REPORTING PROGRAM
FOR
SABERCAT TRAIL EXTENSION PROJECT
The Mitigation Monitoring and Reporting Program (MMRP) is a CEQA‐required component of the Mitigated Negative Declaration (MND) process for the project. The results of the environmental analyses, including proposed mitigation measures, are documented in the Final MND.
CEQA requires that agencies adopting MNDs tak e affirmative steps to determine that approved mitigation measures are implemented subsequent to project approval. As part of the CEQA environmental review procedures, Section 21081.6 requires a public agency to adopt a monitoring and reporting program to ensure efficacy and enforceability of any mitigation measures applied to a proposed project. The lead agency must adopt an MMRP for mitigation measures in
corporated into the project or proposed as conditions of approval. The MMRP must be designed to ensure compliance during project implementation. As stated in Section 21081.6(a)(1):
The lead agency shall adopt the reporting or monitoring program for the changes ma de to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural reso
urces affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program.
Table 1 is the MMRP matrix. The table lists each of the mitigation measures proposed in the Final MND and specifies the agency responsible for implementation of the mitigation measure and the time period for the mitigation measure
EXHIBIT B
2 Table 1 Mitigation and Monitoring Reporting Program
Impact Mitigation Measure Implementation Monitoring
Responsibility
Status / Timing
Biological
Resources
MM‐BIO‐1: Adjust the trail or other design elements to avoid the species. If avoidance is not possible, the City will consult with the appropriate regulatory agency (USFWS, CDFW, and/or CNPS). At a minimum, the City would prepare and implement a Relocation and Monitoring Plan subject to the review and approval of the agencies. As part of the Relocation and Monitoring Plan, seeds may be collected during the appropriate season and stored in a seed bank (e.g., Rancho Santa Ana Botanical Garden). Seed, seed bank, and live plant salvage efforts may be performed. Since relocation efforts have low success rates, compensatory mitigation may also be required.
Contractor
Approved
Biologist
City of Fremont
Planning Division
Prior to construction
and during
construction
Biological
Resources
MM‐BIO‐2: Work window for California tiger salamander. Construction activities that would disturb soil within suitable habitat for California tiger salamander will occur between April 15 and October 15, when the species is unlikely to be active and there is lower potential for an individual to enter the work area.
Contractor City of Fremont
Planning Division
During construction
Biological
Resources
MM‐BIO‐3: In non‐paved areas, monitor activities during initial ground disturbance and during activities conducted between October 15 and April 15. A Caltrans‐approved biologist will monitor all initial ground disturbance and submit a daily report for each monitoring day. Caltrans will submit the names and qualifications of the biological monitor(s) for USFWS and CDFW approval prior to initiating construction activities for the proposed project. The agency‐approved biologist(s) will be on‐site during initial ground‐disturbing activities, and thereafter as needed to fulfill the role of the approved biologist as specified in project permits. The biologist(s) will keep copies of applicable permits in their possession when onsite.
Through the Resident Engineer or their designee, the agency‐approved biologist(s) shall be given the authority to communicate either verbally, by telephone, email or hardcopy with all project personnel to ensure that take of listed species is minimized and permit requirements are fully implemented. Through the Resident Engineer or their designee, the agency‐approved biologist(s) shall have the authority to stop project activities to minimize take of listed species, or if he/she determines that any permit requirements are not fully implemented. If the agency‐approved biologist(s) exercises this authority, the agencies shall be notified by telephone and email within 24 hours. Although not expected to occur, initial ground disturbing activities present the most likely opportunity for unearthing a CTS. If a CTS is encountered during any work activities, the biologist shall have the authority to stop work immediately and the Caltrans biologist will be notified immediately. The Caltrans biologist will notify the USFWS and CDFW, and activities in the Project Section will cease immediately and not resume until appropriate permits are obtained.
Contractor
Approved
Biologist
City of Fremont
Planning Division
During construction
Biological
Resources
MM‐BIO‐4: Conduct pre‐construction surveys. Prior to any ground disturbance, pre‐construction surveys will be conducted by an agency‐approved biologist for special‐status species. These surveys will consist of walking surveys of the project limit. The biologist(s) will investigate all potential cover sites. This includes thorough investigation of mammal burrows, rocky outcrops, appropriately sized soil cracks, and debris. If any listed species are detected during preconstruction surveys, the USFWS, and/or the CDFW and the NMFS will be notified as appropriate within 48 hours.
Contractor
Approved
Biologist
City of Fremont
Planning Division
No more than 14 days
(2 weeks) prior to
construction.
Biological
Resources
MM‐BIO‐5: Conduct a pre‐construction survey for WPT. No more than 14 days prior to the initiation of any activity near the riparian corridor along Sabercat Creek, the monitoring biologist shall conduct a preconstruction survey to determine whether western pond turtles are present. If any turtles are encountered, in consultation with the Caltrans biologist, they shall be relocated to suitable habitat upstream of the work prior to initiating activities.
Contractor
Approved
Biologist
City of Fremont
Planning Division
No more than 14 days
(2 weeks) prior to
construction.
Biological
Resources
MM‐BIO‐6: Conduct a pre‐construction survey for SFDFWR. A qualified biologist will conduct a preconstruction survey of the BSA prior to the start of construction in woodland areas to determine if woodrat nests are present within areas of temporary and permanent impact. The need for nest dismantling and relocation will be determined by Caltrans in coordination with CDFW.
Contractor
Approved
Biologist
City of Fremont
Planning Division
No more than 14 days
(2 weeks) prior to
construction.
Biological
Resources
MM‐BIO‐7: Develop compensatory mitigation as prescribed by Caltrans and the resource agencies for impacts to the existing mitigation site uplands. The City of Fremont would develop compensatory mitigation in coordination with Caltrans, CDFW, and RWQCB. Compensatory mitigation would likely involve post‐project restoration of the upland zone per the originally proposed HMMP planting plan and a pledge to provide site irrigation (and herbivory protection) sufficient to ensure oak sapling survival. Additional compensatory mitigation proposed to offset these impacts would include non‐native tree removal (e.g., olive, wattle, tree‐of‐heaven) at other Project sections.
Contractor
Approved
Biologist
City of Fremont
Planning Division
During construction
and post construction
(timeline post
construction
dependent on
mitigation)
3 Paleontological
Resources
MM‐Paleo‐1: Administration of Paleontological Resources Awareness Module to Construction Personnel. A Project‐specific training module will be prepared and administered to all construction personnel as part of the Project’s worker environmental awareness training program. The module will provide pictures of fossils that might be encountered, review of laws and regulations protecting paleontological resources, name of a qualified paleontologist to contact if fossils are discovered, description of the role of monitors, and measures to be taken until discoveries can be assessed and recovered. Administration of the module will help to ensure that fossils are recognized and handled properly in the event they are encountered.
Contractor
Qualified
Paleontologist
City of Fremont
Planning Division
Prior to construction
Paleontological
Resources
MM‐Paleo‐2: Preparation of Paleontological Mitigation Plan (PMP). A PMP will be prepared using detailed Project design plans. The PMP will provide (1) a determination of the level of monitoring necessary for each Project element based on location, excavation type, and depth; (2) monitoring instructions, as necessary; and (3) prescriptions for dealing with paleontological discoveries.
Contractor
Qualified
Paleontologist
City of Fremont
Planning Division
Prior to construction
Tribal Cultural
Resources
MM‐TCR‐1: Tribal Cultural Review and Coordination. Based upon the consultation with the tribes that have requested consultation the City of Fremont would implement the following measures:
Prior to construction tribes will be provided the applicable plans to review and provide input on plant and tree avoidance and protection, specifically for plants and trees of tribal cultural importance, and Tribes will be provided the opportunity to review educational signage sharing the history of Native American tribes in the Project area and have the opportunity to provide input on the language for the signs. In addition to the construction workers, City of Fremont staff associated with future landscaping and maintenance activities would be provided tribal cultural resources awareness training to ensure that tribal cultural materials or any human remains found as part of the future activities are brought to the immediate attention of the interested tribes for input on protection. Tribes will be coordinated with on the development of inadvertent discoveries, tribal cultural resource avoidance, and post ground disturbance site visit mitigation measure if tribal cultural resources are discovered during construction. Tribes will be able to request access to the site for ceremonies and harvesting of plants of tribal cultural importance.
Contractor with
City of Fremont
Planning staff
Tribal staff
City of Fremont
Planning Division
Prior to construction
and during
construction