8J Consent 2011 0404 - Laserfiche WebLink

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LS* ASSOCIATES, INC. CEQA INITIAL STUDY /MITIGATED NEGATIVE DECLARATION MARCH 2011 PREDA STREET PIPE BRIDGES UPGRADE SAN LEANDRO. CALIFORNIA c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to. marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The project will not require any work or disturbance in the bed or on the lower banks of San Leandro Creek, which is designated as other waters of the United States under Section 404 of the Clean Water Act. All work will be conducted from the top -of -bank of either side of the channel, and no wetlands under Section 404 jurisdiction have been documented in these areas. As such, the project will have no impact on federally protected wetlands. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or will? established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant with Mitigation Incorporated. The proposed pipe bridges project would not substantially interfere with wildlife movement or corridors. Animals that currently move through the San Leandro Creek corridor would continue to do so after the project is completed since the creek channel would remain unaltered. In addition, most of the species that likely occur in the area are generalists that are adept at moving through urban landscapes. The project would not affect the ability of these species to move through the site vicinity. Removal of the four native riparian trees and other vegetation in the work area could potentially impact nesting birds. If conducted during the breeding season (February 15 through August 15), such activities could directly impact nesting birds by removing trees or shrubs that support active nests. Prolonged construction noise could also disturb nesting birds, resulting in nest failure. The trees and dense vegetation along the creek banks provide suitable nesting habitat for resident bird species such as California towhee, western scrub jay, American robin, and house finch, among others. The nests of native birds are protected under the federal Migratory Bird Treaty Act and Section 3503 of the California Fish and Game Code. Implementation of the following mitigation measure would reduce this impact to a less- than- significant level. Mitigation Measure B1O -5: If feasible, vegetation removal activities shall occur during the non - breeding season (August 16— February 14). If such activities are scheduled during the breeding season, a qualified biologist shall conduct a preconstruction nest survey of all trees or other suitable nesting habitat in and within 30 feet of the limits of work. The survey shall be conducted no more than 15 days prior to the start of work. If the survey indicates the potential presence of nesting birds, the biologist, in consultation with CDFG, shall determine an appropriately sized buffer around the nest to ensure nest failure does not result from project - related activities. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The proposed project would not conflict with any local policies protecting biological resources (see Section X. Land Use, response b). The City of San Leandro does not have any P:\ EGI0801 \CEQA\Preda_FINAL_IS- MND.doc 103/28/111 22