San Francisco Water Power Sewer Operator of the Hetch Hetchy Regional Water System

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1 San Francisco Water Power Sewer Operator of the Hetch Hetchy Regional Water System Bureau of Environmental Management 1145 Market Street, Suite 500 San Francisco, CA T F TTY May 18,2011 Mr. Kent Reeves, Executive Officer Alameda County Resource Conservation District 3585 Greenville Road, Suite 2 Livermore, CA RE: AiToyo de la Laguna Stream Restoration Demonstration Project Draft Mitigated Negative Declaration, Dated April 29, 2011 Responsible Agency Comments under Section 15096(d) ofthe California Environmental Quality Act Dear Executive Officer Reeves: Thank you for the opportunity to review the referenced Draft Mitigated Negative Declaration for the Arroyo de la Laguna Stream Restoration Demonstration Project at Verona Bridge ("Demonstration Project" or "Project"). The San Francisco Public Utilities Commission ("SFPUC") fully supports the proposed Project and concurs with the Alameda County Resource Conservation District's (ACRCD) determination that the Project would enhance the Arroyo de la Laguna and would minimize further degradation ofthe stream. Under its authority to grant a permit for construction ofthe Demonstration Project, the SFPUC is considered a "responsible agency" as defined in California Environmental Quality Act (CEQA) Guidelines Section As a responsible agency, the role ofthe SFPUC is specified in Section 15096(d) of the CEQA Guidelines regarding review and comment on environmental impact reports and negative declarations. In order to fulfill its role as a responsible agency and to ensure the adequacy of the Final Mitigated Negative Declaration, the SFPUC provides the following comments and requests inclusion of text as specified below. SECTION 1.0 PROJECT DESCRIPTION While the SFPUC is familiar with the specific scope and design ofthe Project, a more detailed description ofthe Demonstration Project should be incorporated, including information on the following: Duration including anticipated start date, construction days ofthe week, whether evening or weekend work would be necessary Vehicles and equipment both number and types Access and haul routes Sources ofconstruction materials Edwin M. Lee Mayor Francesca Vietor PresuiiMii Anson Moran Vice President Ann Moller Caen Commissioner Art Torres Commissioner Vince Courtney Commissioner Ed Harrington General Manager Services of the San Francisco Public Utilities Commission

2 Mr. Kent Reeves, Executive Officer Alameda County Resource Conservation District May 18,2011 Page 2 of4 Estimated number of truck trips both to deliver equipment and materials to the site and off-site disposal of debris The SFPUC has adopted a list of Standard Construction Measures, dated February 7, 2007 (copy attached) which apply to all of its construction projects. The SFPUC will condition the granting ofthe permit to be issued for this Demonstration Project to require the ACRCD and its construction contractor to implement these measures. The SFPUC is also aware that the ACRCD has adopted standard contract specifications developed by the California Department of Transportation (CalTrans) and the U. S. Department of Agriculture, Natural Resources Conservation Service (NRCS). The Project Description should make reference to implementation of these specifications. Mitigation Measures The SFPUC recommends inclusion ofa Mitigation Measures section. The mitigation measures should at a minimum be comparable to the SFPUC Standard Construction Measures (please see attached). There should also be a Mitigation, Monitoring and Reporting Program (MMRP) that includes identification of responsible party. Appendix A. Natural Habitats, Species and Vegetation at the Arroyo de la Laguna Verona Bridge references monitoring and adaptive management of native species planted under this project. Who will be responsible for monitoring project success? What is the duration ofthe project monitoring and have success criteria been established? These questions should be answered in the MMRP. Project Purpose The SFPUC recommends inclusion of several representative photographs, maps and site plans to identify the current and future conditions of the Arroyo de la Laguna stream channel before and after completion ofthe Demonstration Project. SECTION 2.0 ENVIRONMENTAL CHECKLIST Under Item 10, the SFPUC recommends inclusion ofa brief discussion ofthe National Environmental Policy Act (NEPA) Environmental Assessment currently being conducted by the U. S. Department of Agriculture, Natural Resources Conservation Service (NRCS) for this Demonstration Project. Reference to any Project-related or standard mitigation measures required by the NRCS should also be included in the resources sections below. We also recommend addition of a list of the permits/approvals to be granted by the agencies listed in this section. Specifically, please identify which project

3 Mr. Kent Reeves, Executive Officer Alameda County Resource Conservation District May 18,2011 Page 3 of4 sponsor will be responsible for compliance with Section 106 ofthe National Historic Preservation Act. ENVIRONMENTAL IMPACTS Section III. AIR QUALITY This section states access and haul roads will be sprinkled to control dust during project construction. Please specify the sprinkling schedule and whether any other dust control measures would be implemented and whether the construction contractor would implement San Francisco Bay Area Air Quality Management District (BAAQMD) Best Management Practices. Section IV. BIOLOGICAL RESOURCES The SFPUC recommends inclusion ofa site plan identifying the locations and species of both the trees to be removed as well as trees to be planted. This discussion should specify the anticipated start of construction and in light ofthe project timing, whether a nesting bird survey would be conducted prior to the start ofconstruction. We also recommend inclusion ofa bat survey ofthe underside ofthe Verona Bridge prior to the start ofconstruction. Section V. CULTURAL RESOURCES This section does not indicate whether a records search at the California Historical Resources Information System (CHRIS) ofthe State Historic Preservation Office (SHPO) at Sonoma State University was conducted and whether any cultural resources were identified in the project vicinity. Item 9 of the SFPUC Standard Construction Measures establishes procedures should accidental discovery of cultural resources occur during project excavation or construction. These procedures include training for construction crew members involved in ground disturbing activities and notification to the San Francisco Planning Department Environmental Review Officer should potentially significant cultural resources be encountered. Similar measures are required pursuant to Section 106 ofthe National Historic Preservation Act and should be incorporated or referenced in the MND. Section VIII. HYDROLOGY AND WATER QUALITY This section mentions best management practices and erosion control measures would be implemented. Specific reference or explanation of these practices and measures should be incorporated, specifically as required by the San Francisco Bay Regional Water Quality Control Board. Please provide a description ofthe practices and measures to be implemented.

4 Mr. Kent Reeves, Executive Officer Alameda County Resource Conservation District May 18,2011 Page 4 of4 Section XI. NOISE As indicated under the Project Description above, the SFPUC recommends inclusion of information on equipment and veliicles to be used and construction hours. A table listing the types of equipment and vehicles to be used and the maximum decibel levels for the pieces of equipment should be included. It is our understanding that the Demonstration Project would be implemented accordmg to Alameda County construction noise control ordinance regulations. Specific reference should be made to the applicable regulations specified in the ordinance. A site plan identifying approximate distance from the project site to the nearest sensitive receptors should be included. Measures to control equipment and vehicle noise should also be specified as indicated in SFPUC Standard Construction Measure Number 6. Section XIV. RECREATION This section mentions installation of interpretive signage describing the nature ofthe demonstration project. Figure 2, the Construction Plan, should be modified to identify the approximate location(s) ofthe signage and a brief description ofthe content ofthe signage should be included in this section. Also, the proposed signage should be referenced in Section I. AESTHETICS. Thank you again for the opportunity to review and comment on the Draft Mitigated Negative Declaration. If you have any questions please contact Carla Schultheis, Watershed and Enviromnental Improvement Program Coordinator, Natural Resources and Lands Management Division at (415) or Barry Pearl, Senior Environmental Project Manager, Bureau of Environmental Management at (415) Sincerely, Irina P^ Torrey, AICP, Managei SFPUC Bureau of Environmental Management Attachment: SFPUC Standard Construction Measures, Dated February 7, 2007 Cc: Tim Ramirez, Manager, Natural Resources and Lands Management Carla Schultheis, Watershed and Environmental Improvement Program Coordinator, Natural Resources and Lands Management Division Barry Pearl, AICP, MPA, Senior Environmental Project Manager, BEM

5 ALAMEDA COUNTY RESOURCE CONSERVATION DISTRICT 3585 GREENVILLE RD. STE 2 PHONE: LIVERMORE, CA FAX: June 7, 2011 Irina P. Torrey, AICP, Manager San Francisco Public Utilities Commission Bureau of Environmental Management 1145 Market Street, Suite 500 San Francisco, CA RE: Arroyo de la Laguna Stream Restoration Demonstration Project Draft Mitigated Negative Declaration, Dated April 29, 2011 Response to May 18, 2011 letter Responsible Agency Comments under Section (d) of the California Environmental Quality Act Dear Ms. Torrey: Thank you for reviewing the Draft Mitigated Negative Declaration for the Arroyo de la Laguna Stream Restoration Demonstration Project at Verona Bridge ( Project). The ACRCD appreciates the SFPUC support for this project and concurrence with our determination that the Project will enhance the Arroyo de la Laguna and minimize further degradation of the stream. We have thoroughly reviewed your comments and have addressed them as followed: SECTION 1.0 PROJECT DESCRIPTION Duration including anticipated start date, construction days of the week, whether evening or weekend work would be necessary Vehicles and equipment both number and types The requested information has been incorporated into the Final Mitigated Negative Declaration (MND). Access and haul routes Sources of construction materials 1

6 The requested information is included in the Final Drawings and Construction Specifications. These documents have been included in the Final MND as Appendix E. The SFPUC has adopted a list of Standard Construction Measures, dated February 7, 2007 (copy attached) which apply to all of its construction projects. The SFPUC will condition the granting of the permit to be issued for this Demonstration Project to require the ACRCD and its construction contractor to implement these measures. ACRCD and its construction contractor will implement the SFPUC s applicable Standard Construction Measures, dated February 7, This language has been incorporated into the Final MND. The SFPUC is also aware that the ACRCD has adopted standard contract specifications developed by the California Department of Transportation (CalTrans) and the U. S. Department of Agriculture, Natural Resources Conservation Service (NRCS). The Project Description should make reference to implementation of these specifications. The requested reference has been included in the document. The specifications have also been added as Appendix E. The SFPUC recommends inclusion of a Mitigation Measures section. The mitigation measures should at a minimum be comparable to the SFPUC Standard Construction Measures (please see attached). There should also be a Mitigation, Monitoring and Reporting Program (MMRP) that includes identification of responsible party. ACRCD and its construction contractor will implement the SFPUC s applicable Standard Construction Measures, dated February 7, The permitting agencies that have jurisdiction over the project will include any applicable mitigation and monitoring as part of their terms and conditions of their issued permits. The ACRCD will monitor the site following these requirements. The ACRCD will also incorporate, where feasible, recommendations made for construction measures by non-regulatory agencies that have provided project input. 2

7 Appendix A. Natural Habitats, Species and Vegetation at the Arroyo de la Laguna Verona Bridge references monitoring and adaptive management of native species planted under this project. Who will be responsible for monitoring project success? What is the duration of the project monitoring and have success criteria been established? These questions should be answered in the MMRP. ACRCD will be responsible for all required monitoring. The duration of the project monitoring has not been established yet. This will be established once the MMRP is developed in collaboration with the permitting agencies. The SFPUC recommends inclusion of several representative photographs, maps and site plans to identify the current and future conditions of the Arroyo de la Laguna stream channel before and after completion of the Demonstration Project. Before photos of the project site have been included as Appendix F. Before and after photos of the 2006 Arroyo de la Laguna Wildlife Habitat Incentives Project (WHIP) have been included as Figure 8, in Appendix A, to demonstrate the Arroyo de la Laguna s response to similar restoration efforts on a site comparable to the proposed project site. SECTION 2.0 ENVIRONMENTAL CHECKLIST Under Item 10, the SFPUC recommends inclusion of a brief discussion of the National Environmental Policy Act (NEPA) Environmental Assessment currently being conducted by the U. S. Department of Agriculture, Natural Resources Conservation Service (NRCS) for this Demonstration Project. Reference to any Project-related or standard mitigation measures required by the NRCS should also be included in the resources sections below. Reference to the NEPA document has been included in the document. The NRCS conservation practices with standard mitigation measures have been added as Appendix E. We also recommend addition of a list of the permits/approvals to be granted by the agencies listed in this section. Specifically, please identify which project sponsor will be responsible for compliance with Section 106 of the National Historic Preservation Act. 3

8 The recommended information has been included in the Final Mitigated Negative Declaration. NRCS will be the responsible agency for compliance with Section 106 of the National Historic Preservation Act. ENVIRONMENTAL IMPACTS III AIR QUALITY This section states access and haul roads will be sprinkled to control dust during project construction. Please specify the sprinkling schedule and whether any other dust control measures would be implemented and whether the construction contractor would implement San Francisco Bay Area Air Quality Management District (BAAQMD) Best Management Practices. The recommended information has been included in the Final MND. To minimize dust and particulates, the construction contractor will prepare a Dust Control Plan that implements San Francisco Bay Area Air Quality Management District (BAAQMD) Best Management Practices. These include, but are not limited to, fugitive dust particle control measures such as: regularly scheduled watering/sprinkling of public access and/or haul roads used by the contractor(s) during construction; reduced vehicle speed on all roads; use of wind erosion control measures such as the covering of stockpiled soil with appropriate material; spraying of site and/or stockpiled soil with water; ceasing construction activities during high winds; and any other BMP s identified by BAAQMD to reduce fugitive dust particles. All dust control methods shall ensure safe construction operations at all times. IV. BIOLOGICAL RESOURCES The SFPUC recommends inclusion of a site plan identifying the locations and species of both the trees to be removed as well as trees to be planted. This discussion should specify the anticipated start of construction and in light of the project timing, whether a nesting bird survey would be conducted prior to the start of construction. We also recommend inclusion of a bat survey of the underside of the Verona Bridge prior to the start of construction. Appendix A and Figure 2 identify locations and species of both trees to be removed as well as trees to be planted. The construction drawings and specifications, added as Appendix D, also includes the planting plan for the project. Project timeline has been included in the document under Section 1.0, Project Description. All pre-construction wildlife surveys will be conducted as required by the Department of Fish and Game and US Fish and Wildlife Service Permit and will include, but not limited to, nesting bird surveys and bat surveys as applicable. 4

9 V. CULTURAL RESOURCES This section does not indicate whether a records search at the California Historical Resources Information System (CHRIS) of the State Historic Preservation Office (SHPO) at Sonoma State University was conducted and whether any cultural resources were identified in the project vicinity. NRCS Cultural Resource Specialists conducted a record search of the area based on data from the State Historic Preservation Office. No significant cultural resources have been identified at the proposed project site. This information has been included in the Final MND. Item 9 of the SFPUC Standard Construction Measures establishes procedures should accidental discovery of cultural resources occur during project excavation or construction. These procedures include training for construction crew members involved in ground disturbing activities and notification to the San Francisco Planning Department Environmental Review Officer should potentially significant cultural resources be encountered. Similar measures are required pursuant to Section 106 of the National Historic Preservation Act and should be incorporated or referenced in the MND. SFPUC Standard Construction Measures will be followed. NRCS will ensure that the procedures of Section 106 of the National Historic Preservation Act of 1996, as amended (NHPA) as well as SFPUC s Standard Construction Measures, will be followed if currently unknown sites are discovered during project installation. VIII. HYDROLOGY AND WATER QUALITY This section mentions best management practices and erosion control measures would be implemented. Specific reference or explanation of these practices and measures should be incorporated, specifically as required by the San Francisco Bay Regional Water Quality Control Board. Please provide a description of the practices and measures to be implemented. The project will follow all required best management practices and erosion control measures as required by the Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification. Specific measures have not been finalized yet and are these requirements are currently being developed by the RWQCB. 5

10 XI. NOISE As indicated under the Project Description above, the SFPUC recommends inclusion of information on equipment and vehicles to be used and construction hours. A table listing the types of equipment and vehicles to be used and the maximum decibel levels for the pieces of equipment should be included. It is our understanding that the Demonstration Project would be implemented according to Alameda County construction noise control ordinance regulations. Specific reference should be made to the applicable regulations specified in the ordinance. The Alameda County Noise Ordinance ( Special Provisions or Exceptions Paragraphs D and E) does not apply to construction or maintenance and repair operations conducted by public agencies and/or utility companies or their contractors which are deemed necessary to serve the best interests of the public and to protect the public health, welfare and safety. The county ordinance does not apply to noise sources associated with construction, provided said activities do not take place before seven a.m. or after seven p.m. on any day except Saturday or Sunday, or before eight a.m. or after five p.m. on Saturday or Sunday. This project is covered under these paragraphs. The construction contractor will comply with regulating construction noise to the extent feasible and undertake efforts to minimize noise disruption to nearby neighbors and sensitive receptors during construction. Construction activities will be limited to the time frame defined in the ordinance. Types of construction equipment to be used during project implementation have been included in the Final Mitigated Negative Declaration under Section 1.0, Project Description. A site plan identifying approximate distance from the project site to the nearest sensitive receptors should be included. Measures to control equipment and vehicle noise should also be specified as indicated in SFPUC Standard Construction Measure Number 6. This project is exempt from the county noise ordinance, but we will adhere to timing of activities stated in the ordinance to avoid any disturbance. The project will follow SFPUC Standard Construction Measures. XIV. RECREATION This section mentions installation of interpretive signage describing the nature of the demonstration project. Figure 2, the Construction Plan, should be modified to identify the approximate location(s) of the signage and a brief description of the content of the signage should be included in this section. Also, the proposed signage should be referenced in Section I. AESTHETICS. 6

11 A brief description of the content of the signage has been included in the Final Mitigated Negative Declaration. The signage will be installed on either side of the bridge and or the bridge itself along the path for pedestrians and other recreationists. Including the location of the signage on the Figures is not feasible yet, because the exact location, number of signs, dimensions, or arrangement has not yet been determined. Thank you again for your support of our project. Please feel free to contact me at (925) ext. 111 with any questions. Sincerely, Kent Reeves, Executive Officer Alameda County Resource Conservation District Cc: Tim Ramirez, Manager, Natural Resources and Lands Management Carla Schultheis, Watershed and Environmental Improvement Program Coordinator, Natural Resources and Lands Management Division Barry Pearl, AICP, MPA, Senior Environmental Project Manager, BEM Jackie Charbonneau, Ecologist, NRCS 7