104-Mitigation Monitoring and Reporting Plan.pdf
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201
Cupertino
January
City of
MITIGATION MONITORING AND REPORTING PROGRAM
Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park
January 2011
Oversight of
Implementation
Cupertino Public Works Dept.
will
the surveys for CRLF,
for Implementation
Timeframe and Responsibility
A qualified biologist performWPT, and woodrat prior to project construction. The City shall ensure that CDFG and/or USFWS are consulted, if required.
n the
erform one
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the monitor will
e Species of Special
eed (since they are State
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Four days or fewer prior to
footed woodrat are detected,
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ayed and the U.S. Fish and
BIOLOGICAL RESOURCES
k. CDFG has generally accepted the following
l the turtle has traveled a safe distance from the
site monitor will work with construction crews. If the
Mitigation and Avoidance Measures-
: Preconstruction Survey.
is occupying the habitat for nesting, foraging, or basking.
dense to dense riparian habitats, such as those found along
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MM BIO 1.1the start of project activities, a qualified biologist shall pdaytime survey for CRLF, WPT, and woodrat. The entire work area, including any burrows, rocks and woodpiles that
may be disturbed by construction activities, shall be inspected for CRLF, WPT, and woodrat. If CRLF is detected, work shall be delWildlife Service (USFWS) shall be contacted on how
to proceed (since it is a Federally Threatened species). If during this survey WPT or woodrat are detected, the CDFG should be contacted on how to proceed (since they are StatConcern).
In the past, CDFG has approved protocols for the western pond turtles stating that if a turtle is detected, the turtle will be observed to determine if it is moving through the area
in which it was detected or if the animal During construction activities within the immediate area of the turtle detection, an onanimal is relocated during construction activities,observe
the turtle and alert work crews to delay work if it is within the work area or begins to move toward or into the work area. If the turtle appears to be traveling from upland habitat
to a nearby aquatic site, work shall cease untiimmediate project site. The monitor shall observe the animal from a distance to ensure it does not wander back into the work area. If
the turtle is relocated and appears to be occupying the habitat withiproject footprint for activities such as nesting, basking, or foraging, the City or its representatives will contact
CDFG for guidance.If during this survey San Francisco duskythe CDFG should be contacted on how to procSpecies of Special Concern). These mammals live year round in their houses, which
are essential for their survival. Woodrats dwell in moderatelyportions of Stevens Creeguidelines for avoidance/minimization of effects on San Francisco
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related and
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Impact(s)
term project
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Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program
nd/or woodrats could
Impact BIOIf present within the creek or adjacent upland habitat, CRLF, WPT, abe impacted by constructionlongactivities, including vehicle and human access.
January 2011
Oversight of
Implementation
for Implementation
Timeframe and Responsibility
t
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een
lose to its
ht from CDFG
barrier, to stop
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Page
d all houses within 25 feet of the
appears inactive seek approval from CDFG to
Mitigation and Avoidance Measures
If the house dismantle the house and replace the lost resource by building an artificial house. One artificial house should be built for every one existing inactive house. If the house
appears active, approval will be sougto: 1) trap the occupant(s) of the house, 2) dismantle the house, 3) construct a new artificial house with the materials from the dismantled house,
and 4) release the occupant into the new artificial house. The new house should be placed as coriginal location as feasible and as far from the project footprint as necessary to be
protected from construction activities. If the house is to be moved downslope of the project footprint, extra precautions should be taken, such as a plywoodfalling/sliding materials
from impacting the new house. Houses should only be moved in the early morning during the nonbreeding season (October through February). If trapping has occurred for 3 consecutive
nights and no woodrats have bcaptured, the house should be dismantled and a new house constructed.
footed woodrat houses, listed in order of priority and
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The project work will be rerouted to avoid the woodrat house by aleast 50 feet. If the work cannot be rerouted at least 50 feet from the house, it will be rerouted as far away from the
house as possible but not closer than 5 feet from the house. Safety and/or silt fencing (for houses downslope) will be erected arounconstruction activity to avoid impacts during construction.
If the project footprint must go directly through or within 5 feet of a house, CDFG should be consulted with one of the two following options: i.ii.
duskyimplementation: a.b.c.
Impact(s)
Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program
January 2011
Oversight of
Implementation
Cupertino Public Works Dept.Cupertino Public Works Dept.Cupertino Public Works Dept.Cupertino Public Works Dept.
that
.
make
WPT
that the ESA is
shall install the ESA
to implement this by the Contractor
s
a person(s)
prior to the initiation of
,
for Implementation
construction activities
ld affect CRLF or
ontractor complies with the
Timeframe and Responsibility
The City shall arrange toavailableknowledgeable in special statusspecies biology and legalprotectionmeasureconstruction activities. Contractor fencing prior to the initiation of other
cou During project construction, the City shall ensure maintainedthroughout active construction. During project construction, the City shall ensure the contractor implements this measure.A
qualified biologist will implement this measure. The City shall ensure that the C
of the
nesting season, a
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e the installation of
An employee
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o be left alone and the project
T, CRLF or woodrat are on the
site trees that could support raptor nests
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Project shall includ
Vehicles shall not drive more than 5 miles
ly listed and state special status species biology
hall be maintained in good and stable condition
Mitigation and Avoidance Measures
Employee Education Program.
Vegetation removal activities within the project area shall
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pacts to existing raptor nests during the non
MM BIO 1.2:education program shall be conducted prior to the initiation of project activities. The program shall consist of a brief presentation by persons knowledgeable in federaland
legislative protection to explain concerns to contractors and their employees. The program would include the following: a description of CRLF, WPT, and woodrat and their habitat needs;
an explanation status of CRLF, WPT, and woodrat and their protection under state and federal laws; and a list of measures being taken to reduce impacts to CRLF, WPT, and woodrat during
project activities. Crews shall be instructed that if a CRLF is found, it is tforeman, City, and the USFWS must be notified immediately. Likewise, if a WPT or woodrat nest is found,
it is to be left alone and the project foreman, City, and CDFG must be notified immediately. MM BIO 1.3: ESA Fencing.assist in excluding potential CRLF and WPT from the construction
zone. ESA fencing shall be buried at the base to prevent animals from moving under it. ESA fencing sthroughout active construction. Nominal 1.5 to 3 foot tall silt fence type material
is acceptable. MM BIO 1.4: Speed Limit.per hour within the project area. If any WPT, CRLF, or woodrat are seen in the path of a vehicle, the vehicle shall stop until the animal is
out of the path. Parked vehicles shall be thoroughly checked underneath before they are moved to ensure that no WPground below the vehicle. MM BIObe scheduled to take place outside
of the nesting season (February 1 to August 31) if possible to avoid impacts to nesting birds. In order to avoid impreconstruction survey of all on
The
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-pact nesting
Impact(s)
Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program
Impact BIOremoval or trimming of shrubs and trees on the site could imbirds, if present.
January 2011
Oversight of
Implementation
Cupertino Public Works Dept.
s
th the
for Implementation
Timeframe and Responsibility
This measure shall be implemented as necessary and adetermined by a qualified biologist.
buffer zones, if any are required. The City shall ensure that CDFG is consulted, if required. The City shall ensure that the contractor complies wibuffer zones, if any are required.
y season to
passerine land
-site tree (and
mine the
Construction
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Because the big brown bats
.
n buffer zones.
ce or expand the buffer depending on the
ng on the project site could form a new
foot radius for raptors, however the biologist
ctivities can take place as scheduled. If more
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Mitigation and Avoidance Measures
ies, roost type and the nature of the construction
foot radius buffer around passerine and non
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3.1: Preconstruction surveys.
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breeding bat roost to avoid disturbance impacts. The buffer distance
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shall be completed by a qualified biologist. Every attempt shall be made to protect trees that contain raptor nests If construction is unavoidable during the nesting season, a qualified
biologist shall conduct a survey for nesting raptors and other birds within five days prior to the start of construction activities. If active nests are not present, construction athan
five days elapse between the initial nest search and the beginning of construction activities, another nest survey shall be conducted. If any active nests are detected, a qualified
biologist shall deterappropriate buffer to be established around the nest. CDFG generally accepts a 50bird nests, and up to a 250shall have flexibility to reduspecific circumstances.
MM BIOcould move their maternity colony or day roost to an onother species of bats occurriroost), a preconstruction survey for roosting bats shall also be conducted prior to any construction
or large tree removal. The survey shall be conducted by a qualified biologist. Temporal avoidance and constructiobuffer zones will be established around active maternity colonies or
a nonwill be established in consultation with CDFG and will be dependent upon the specdisturbance. Construction activities proposed within this buffer distance shall commence after
young are volant (flying, after July 31) and end before maternity colonies form. CDFG considers the maternitoccur from March 1 to August 31.
Project
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Impact(s)
Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program
Impact BIOconstruction could result in the loss or abandonment of a bat roost or colony.
ch as
January 2011
Oversight of
Implementation
Cupertino Public Works Dept.Cupertino Public Works Dept.
ps are potentially
ifacts or isolated clusters of
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hell and bone artifacts including
S
stones;
Structural remains or portions of
ethnic or racial grou
e for halting
Isolated artifacts.
ontractor will be
for Implementation
and
Timeframe and Responsibility
The City shall implement this measure prior to the initiation of construction or grounddisturbing activities.The Cresponsiblconstruction in the event buried cultural resources or human
remains are encountered during ground disturbing activities. The City shall ensure this measure is implemented during construction activities.
emains.
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toric and
; and Human r
)
rsonnel of the
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construction field
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f structures, trash pits, and privies.
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either isolated or intact burials; Habitation (occupation or ceremonial structures as
cracked rock; baked and vitrified clay), artifact caches, faunal and shellfish remains
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or the further evaluation of,
CULTURAL RESOURCES
als, including Native American
Human bone
feet of the find shall be halted and the City
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hanges in soil stratigraphy indicative of prehistoric activities;
Mitigation and Avoidance Measures
Upon discovery of possible buried prehis
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Prior to the initiation of construction or ground
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es, distinct ground depressions, differences in compaction (e.g., house floors); Artifacts including chipped stone objects su
Construction work shall not begin again until the archaeological or
roundstone artifacts such as manos, metates, mortars, pestles, grinding stones, pitted hammer
G
MM CULdisturbing activities, the City shall conduct a premeeting to inform all contractors and construction pepotential for exposing subsurface cultural resources and to recognize possible
buried cultural resources. Personnel shall be informed of the procedures that will be followed upon the discovery or suspected discovery of archaeological materiremains and their treatment.MM
CULhistoric cultural materials (including potential Native American skeletal remains), work within 25shall be notified. The City shall retain a qualified archaeologist to review and
evaluate the find.cultural resources consultant has been allowed to examine the cultural materials, assess their significance, and offer proposals for any additional exploratory measures
deemed necessary fand/or mitigation of adverse impacts to, any potential historical resources or unique archaeological resources that have been exposed.
ks, cobbles/boulders, stacked fieldstone, postholes, etc.); Trash pits, privies, wells and associated artifacts; Isolated art
uch features or clusters of artifacts and samples include remains o
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rials that
Impact(s)
Significant prehistoric cultural resources may include:
1interpreted from rock rings/featurprojectile points and bifaces; ornaments and beads; Various features and samples including hearths (fire(which
permit dietary reconstruction), distinctive cObjects and features associated with the historic period (the late 19th through early 20th centuries) may include:foundations (bricmanufactured
artifacts (e.g., glass bottles, metal cans, manufactured wood items, etc.In addition, cultural materials including both artifacts and structures that can be attributed to Hispanic,
Asian, and other significant; s Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program
Impact CULConstruction of the proposed project could result in a significant impact to archaeological resources, if disturbance occurs to as yet unknown prehistoric or historic matemay
be encountered during grading activities on the site.
January 2011
Oversight of
Implementation
Cupertino Public Works Dept.
ark Initial Study/Mitigated Negative
for Implementation
initiation of construction
Timeframe and Responsibility
The City shall ensure this measure is implemented prior tothe activities.
nt
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iled with the California
including immediate
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.
ognize the need to
they shall be handled in accordance
work in the vicinity of a find in the event of exposure
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ound disturbing operations
Mitigation and Avoidance Measures
All excavation contracts for the project shall contain
Section 7050.5 of the Health and Safety Code and
if avoidance of the resource is not possible, the
1.3:
Scenic Circle Access to Stevens Creek Trail and Blackberry Farm P
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,
If the discovery is determined to be a unique archaeological or historical resource, andarchaeologist shall inform the City of the necessary plans for treatment of the find(s) and mitigation
of impacts. The treatment plan shall be designed to result in the extraction of sufficient nonredundaarchaeological data to address important regional research considerations. The
City shall insure that the treatment program is completed. The work shall be performed by the archaeologist, and shall result in a detailed technical report that shall be fHistorical
Resources Information System, Northwest Information Center, CSU Rohnert Park. Construction in the immediate vicinity of the find shall not recommence until treatment has been completed.
If human remains are discovered,with State law (Section 5097.94 of the Public Resources Code), notification of the County Medical Examiner/Coroner. MM CULprovisions for stopof significant
archaeological resources during subsurface construction. In addition, the contract documents shall recimplement any mitigation conditions required by the permitting agency. In general,
the appropriate construction conditions should be included within the general or special conditions section of any contract that has the potential for gr
Cupertino
City of
, November 2010.
:
Impact(s)
SOURCEDeclaration Scenic Circle Access to Stevens Creek TrailMitigation Monitoring & Reporting Program