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Packet 20240220
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5G Consent
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Last modified
3/22/2024 4:16:04 PM
Creation date
2/23/2024 4:28:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/20/2024
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PERM
Document Relationships
Gates & Associates, Inc CSA 20240305
(Amended)
Path:
\City Clerk\City Council\Agreements\2024
Reso 2024-012 Gates and Associates for Shoreline Park Project
(Amended)
Path:
\City Clerk\City Council\Resolutions\2024
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<br />Alternatives Analysis is included under Task 8.10 as a contingency task. <br />Subtask 5.7 – Section 7 Consultation Document <br />● Prepare biological documents for the ACE to initiate formal or informal consultation with both NOAA <br />Fisheries/National Marine Fisheries Services (NMFS) and U.S. Fish and Wildlife Service (USFWS). <br />Because eelgrass has potential to occur along the East Bay shoreline and because eelgrass beds are <br />considered Essential Fish Habitat (EFH) by NMFS, CONSULTANT will visually inspect the lagoon and all <br />areas within 150 feet of the limits of work from land as part of the reconnaissance -level site visit <br />included under Task 2.1. If eelgrass is observed during this site visit, a preliminary eelgrass survey will <br />be conducted by CONSULTANT under contingency if previously stated task <br />● Prepare a federal format Biological Assessment (BA) and EFH Assessment that assesses potential <br />effects on aquatic species and habitats and determines if the proposed action would have an adverse <br />effect on federally protected fisheries (steelhead, green sturgeon, and Delta smelt). If needed, the <br />assessment will include the results of CONSULTANT’s preliminary eelgrass survey described in <br />previously stated task. The BA will include avoidance and minimization measures that will be modeled <br />after those included in the City’s EIR, but the measures proposed by CONSULTANT may differ <br />according to federal agency preferences. The BA will be included in the ACE permit application (Task <br />5), and CONSULTANT biologists will prepare responses to up to one round of comments and questions <br />from each agency (NMFS, USFWS). <br />Subtask 5.8 - Section 106 Consultation Document <br />● Prepare a cultural resources study to support a Section 106 consultation between the ACE and the <br />State Historic Preservation Officer (SHPO). As part of this study, Pacific Legacy will request a records <br />search and literature review from the Northwest Information Center (NWIC) of the California <br />Historical Resources Information System (CHRIS). The records search will collect information on prior <br />studies and known cultural resources within the Area of Potential Effect (APE) with a surrounding <br />0.25-mile buffer. <br />● Contact the Native American Heritage Commission (NAHC) with a request for a search of the Sacred <br />Lands File and request a list of potential Native American stakeholders who may have information <br />regarding cultural resources within the APE. Typically, those potential stakeholders are contacted <br />with a request for information related to potential cultural resources in and around the APE. <br />Consistent with 36 CFR 800,Pacific Legacy will provide stakeholders with a brief project description, a <br />map of the APE, and agency contact information. The NAHC typically responds to requests within four <br />to six weeks. Following formal notification about the project, Native American tribal representatives <br />and individuals have 30 days to request consultation. <br />● Conduct an archaeological inventory study of the APE. The results of the archaeological study will be <br />included in the cultural resources report. The report will also include a description of the project and <br />location; results of the records and literature search and Native American communication; a <br />discussion of field methods and constraints, observations, and results; and a summary with <br />conclusions and recommendations. The report will include maps, archaeological site location data (if <br />relevant), photographic documentation, and other graphics as needed. The format and contents of <br />the report will follow SHPO guidelines for Archaeological Resource Management Reports (ARMRs). <br />Subtask 5.9- SWPPP Design and Application <br />● Incorporate Erosion Control plans prepared under the Demolition Permit <br />● Prepare the required documents associated with the NOI and SWPPP documents and assist the
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