Gates & Associates, Inc CSA 20240305

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Consulting Services Agreement between City of San Leandro and Gates & Associates, Inc for Staff Augmentation Exhibit A – Page 20 of 31 quality or quantity. ○ Documentation of CEQA compliance (NOE or NOD). ○ A compensatory mitigation approach (see Task 2.9). ● The application will include a narrative alternatives analysis demonstrating that avoidance and minimization of impacts to waters of the U.S. and waters of the state have been incorporated into the project design and that the proposed project is the Least Environmentally Damaging Practicable Alternative. This type of alternatives analysis required for permitting differs from the analysis of alternatives that is typically done during the preliminary design phase and CEQA ● Prepare the alternatives analysis with substantial input from the project team. Following what we expect to be no more than two rounds of draft application submittals, comments, and responses between CONSULTANT and the RWQCB by email, CONSULTANT will prepare a final application to be submitted to the Water Board concurrently with submittal of the Section 404 permit application to the Corps. CONSULTANT does not expect the RWQCB to require a formal Section 404(b)(1) Alternatives Analysis. Preparation of a Section 404(b)(1) Alternatives Analysis is included under Task 8.10 as a contingency task. Subtask 5.6 – Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Permitting – U.S. Army Corps of Engineers ● Obtain a Clean Water Act Section 404 permit and Rivers and Harbors Act Section 10 permit. If the impacts analysis described under Task 2 confirms that the project will result in under 0.5 acre of net fill in waters of the U.S., we assume that the appropriate permit mechanism will be either a Nationwide Permit or Letter of Permission ● Prepare a permit application that meets the ACE’s various requirements. The application will include the same narrative alternatives analysis demonstrating that avoidance and minimization of impacts to waters of the U.S. have been incorporated into the project design and that the proposed project is the Least Environmentally Damaging Practicable Alternative. CONSULTANT does not expect the ACE to require a formal Section 404(b)(1) Alternatives Analysis. Preparation of a Section 404(b)(1) Alternatives Analysis is included under Task 8.10 as a contingency task. Subtask 5.7 – Section 7 Consultation Document ● Prepare biological documents for the ACE to initiate formal or informal consultation with both NOAA Fisheries/National Marine Fisheries Services (NMFS) and U.S. Fish and Wildlife Service (USFWS). Because eelgrass has potential to occur along the East Bay shoreline and because eelgrass beds are considered Essential Fish Habitat (EFH) by NMFS, CONSULTANT will visually inspect the lagoon and all areas within 150 feet of the limits of work from land as part of the reconnaissance-level site visit included under Task 2.1. If eelgrass is observed during this site visit, a preliminary eelgrass survey will be conducted by CONSULTANT under contingency if previously stated task ● Prepare a federal format Biological Assessment (BA) and EFH Assessment that assesses potential effects on aquatic species and habitats and determines if the proposed action DocuSign Envelope ID: 30A47DAA-8ADC-4C81-A393-00F3D4407ED9