Agmt 2014 Environmental Science Associates ESA

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support regulatory agency review. ESA is familiar with the site conditions and maintains background information from previous work in the project vicinity for the City and for LAVWMA. To update of this information, ESA will query the California Natural Diversity Database and California Native Plant Society Rare Plant Inventory and the species list obtained from the U.S. Fish and Wildlife Service, and conduct field verification of the conditions identified in previous studies. ESA will compile field observations into a memo to inform the City of the findings, as described further in subsequent tasks. Task 2.2—Prepare Biological Assessments Because of the species known to exist in the vicinity of the proposed project sites, ESA will prepare and submit two separate Biological Assessments, consistent with the approach that was taken for the City's previous shoreline repair work. The Biological Assessment facilitates consultation and coordination between federal agencies with approval authority over different aspects of the same project. One will identify and analyze the project's potential to adversely affect federally listed marine species or their habitats within or adjacent to the project area, and will be used to facilitate a consultation with the National Marine Fisheries Service (NMFS). A second Biological Assessment will address federally listed terrestrial species and their habitat, and will facilitate a consultation with the U.S. Fish and Wildlife Service (USFWS). Both Biological Assessments will rely on project design details provided by the City. Final Biological Assessments will be submitted to USFWS and NMFS to be used for their consultations with the U.S.Army Corps of Engineers. Task 2.3-Preliminary Jurisdiction Determination Concurrent with the fieldwork described in Task 2.1, ESA will delineate the limits of state, federal and local agency jurisdiction over wetlands and other waters. Specifically, ESA will document the limits of U.S. Army Corps of Engineers (USACE) jurisdiction over tidal waters and wetlands. ESA also will document the extent of waters of the state as regulated by the Regional Water Quality Control Board and by the California Department of Fish and Wildlife. Lastly, ESA will identify and map the limits of the Bay and the shoreward extent of the 100-foot Shoreline Band for the purposes of Bay Conservation and Development Commission jurisdiction. Because the extent of federal jurisdictional waters on the shoreline is clearly evident and unlikely to be cause for dispute or appeal, ESA proposes to submit Preliminary Jurisdictional Determination (PJD) as part of the USACE application package. With a PJD, the applicant voluntarily waives questions regarding jurisdiction over a particular site to move the permit process faster toward authorization. Task 2.4—Cultural Resources Assessment to Support Compliance with Section 106 of the NHPA For the USACE to complete its Section 404 permit requirements, it must show compliance with Section 106 of the NHPA. To facilitate this, ESA will assist the USACE by completing a Cultural Resources Survey Report that includes the following: (1) delineation of the Area of Potential Effects (APE); (2) results of a records search of the California Historical Resources Information System (CHRIS); (3) record of correspondence with the Native American Heritage Commission and local historical societies; (4) results of a preliminary buried sites assessment; (5) findings of a one-day intensive surface archeological and architectural surveys. The purpose of the field investigation will be to relocate features associated with site #CA-ALA-549H1 in the APE, including the bunkers associated with the Trojan Powder Works, and to record any new potentially significant cultural resources in the APE. In compliance with Section 106 and the requirements of using CHRIS, ESA will prepare one draft and one final Cultural Resources Survey Report documenting the methods and findings of the pre-field research, Consulting Services Agreement between Project No. 2006.0110 City of San Leandro and ESA Exhibit A Page 2 of 4