HomeMy WebLinkAbout1625 Adrian Road - Agency Approval Letter1616 Ro� I i ns Road
�
�� � �., ,�.: h�� ,�,
� � -�
: �� . ; � ,�,�: ��
�. �� . 4A �� � .. .� �} -
�
I , ' � � Ty I
�� �,� � :��� � ��_ � ' , , a • ,. ���
` . �, � �° � ��� ��
: , � � � 6, y � - °.
� �y ., .
� r -9 _ .,y , ,t
*,� � �� �. 3� . �► �� � �
o `��S'p��� � ��� � � O,Q�� �o� �
�S �L
O '
��v . `�': ��� k-�
, � ,. }. ,
+� '
; ;�>. �
� ��� � �
' . � ,� ��
�� .. . . y: r - �fp�., �- 'Y�' :l
I R
�� . ;.�_" � . �O
I �
SCALE 1 : 2,992
200 0 200 400 600
FEET
O
N
�
/
/ ,.
BAY DELTA REGION
(707) 9445520
Mailing addres.s:
POST OFFICE BOX 47
YpUNTVILLE CALIFORNIA 94599
Slreet addless:
7329 SILVERADO TRAIL
NAPA CALIFORNIA 94558
`3�
r
��^�
August 5, 2009
PeterPan MofarS,�r1e.
DBA Peter Pan BMW
2695 El Camino Real Drive
San Mateo, CA 94403
Notification Number: 160Q-2009-0039-3
Unnamed llrainage Channel, San Mateo County
1602 LAKE AND STREAMBED ALTERATION AGREF,MENT
This agreement is issued by the Depamnent of Fish and Game pursuant to Division 2, Chapter 6 of the California Fish and Game
Code:
WHEREAS, the Applicant, Peter Pan Motors, Inc. submitted a signed NOTIFICATION proposing to substantially divert or obstruct
the natural flow of, or substantially change the bed, channel, or ba�il: of, or use material from the streambed or lake of the following
waters: Unnamed Drainage Channel Iocated in the County of San Mateo, State of Califomia; and
WHEREAS, the bepartment has determined tt�at such operaUons may substantially adversely affect existing fish aud wildlife
resources including water quality, hydrology, aquatic or terrestrial plant or animal species; and
WIIEREAS, the project has undergone the appropriate review under the Califomia Environmental Quality Act; and
WIiEREAS, the Applicant shall undertake the project as proposed in the signed PROJECT DESCRIPTTON and PROJECT
CONDITIONS (attached). If the Applicant changes the project from that described in the PROJECT bESCRiPTTON and does not
include the PROJECT CONDITIONS, this ab eement is no longer valid; and
WHEREAS, the agreement shall expire on December 31. 2013; with the work to occur April 15 and October 15;
W73EREAS, nothing in this agreement authorizes the Applicant to trespass on any land or property, nor does it relieve the Applicant
of the responsibility for compliance with applicab]e Federal, State, or local laws or ordinances. Placement, or removal, of any material
below the level of ordinary high water may come under the jurisdictiou of the U. S. Army Corps of Engineers pursuant to Section 404
of the C1ean Watcr Act;
TE3EREFORE, the Applicant may proceed with the project as described in the PROJECT DESCRIP'TION and PROJECT
CONDITIONS. A copy of this agreement, with attached PROTECT DESCRIPTION and PROJECT CONDITION3, shall be provided
to contractors and subcontractors artd shall be in their possession at the work site.
Failure to comply with all coaditions of this agreement may result in legal action.
This agreement is approved by:
��1� �-�1�X��Ei
Charles �r
Regional ager
Bay Delta Region
cc: Wazden Mahaffey
Lieutenant Kelly
S. Deleon
DEPARTMENT OF FISH
BAY DELTA REGION
(707) 944-5520
Mailing address:
POST OFFICE BOX 47
YOUNTVILLE, CALIFORNIA 94599
Streer oddress:
7329 SILVERADO TFlAIL
NAPA, CALIFORNIA 94558
Peter Pan Motors Inc.
DBA Peter Pan BMW
2695 El Camino Real Drive
San Mateo, CA 94403
2.D��7 - ��3 �
�I��
`'�,N .� p 20Q9
I'°ua��ll�
�Totificat'ron Number: 1600-2009-0039-3
IJnnamed Drainage Channel, San �iatco County
PROJECT DESCRIPTION and PROJECT CONDITIONS
Description
Peter Pan Motors, Inc. (Applicant} is proposing to convert a DHL shipping distribution center to
a BMW car service center on 1625-1633 Adrian Road in Burlingame, San Mateo County. The
offices in the existing front building would be converted to a customer service center and offices,
and the rear building would be converted to service bays, warehouse, offices and a lunch room.
Parking areas on the szdes of the buildings would be used for customer parking and the rear
parking area would be used for emp(oyee parking and serviced vehicles.
The project activities would include instailing an open-bottom concrete culvert and constructing
a road crossing across the drainage channel to connect the property to additional parking areas
located to the southwest. The culvert will be 4 feet high, 16 feet wide and 32 feet long. The
project would also install a stormwater treatment system to remove pollutants from ranoff before
entering the drainage channel.
California red-legged frog (CRLF), a threatened species listed under the federal Endangered
Species Act (ESA) was found 0.25 miles southeast of the project site and within a ponded area
approximately 0.5 miles northwest of the project site. The drainage channel on the project site
may provide dispersal habitat for the CRLF. Approximately 0.02 acres of the drainage would be
impacted by construction activities. The project would also impact 0.016 acres of ruderal upland
vegetation for the additional parking. The Applicant has agreed to purchase 0.2 acres of credits
at Ohlone Conservation Bank for project impacts to CRLP.
There also may be potential for the San Francisco garter snake (SFGS) to be in the area because
the CRLF is known to occur in the area and is the preferred prey species of SFGS. Because the
SPGS are a fully protected species under Section �050 of the Fish and Game Code,
precautionary protection measures will be included in this Streambed Alteration Agreement.
The drainage channel may provide foraging habitat for the saltmarsh common yeilowthroat, a
species designated as a Califomia Species of Concern.
Page 1 of 11
Date prepared: June 11, 2009
Draft 1 of I
Applicant's initial
Notification Number 1600-2009-0
5a�s�.
y� �
��e..
Protective Tcrms
Conditions
Work within the stream/riparian cozridor shall be confined to the period April 15 to
October 15. Revegetation work is not confined to ihis time period.
2. The work period for completing the work within the stream zone, shall be restricted
to periods of low or no stream flow and dry weather. Construction activities for
installation of the culvert and road shall not begin ualess a no precipitation forecast is
obtained covering the entire construction phase (within the area covered in this
Agreement) and the rime necessary to implement erosion control measures. This
forecast shall be documented upon request by the Department.
3. Prior to operations, a qualified biological monitor shatl cleariy mark/flag or erect
temporary construction fencing to designate the construction corridor and to delineate
areas that should be avoided. The qualifed biological monitar shall clearly mark/flag
all trees and plants within the designated construction conidor that should be avoided
as described in the Plans submitted to the Department. Flagging and/or temporary
construction fencing shal] be removed immediateiy after completion of construction
work.
4. The Applicant shall not remove vegetation within the stream from February 15 to
August 15 to avoid impacts to nesting birds. However, the Applicant may removc
vegetation by hand during this time if a qualified biologist conducts a survey for
nesYing birds within three days prior to the vegetation removal, and ensures no
nesting birds shall be impacted by the project. These surveys shall include the areas
within 200 feet of the edge of the proposed impact area(s). Tf active nests are found, a
minimum 50-foot (200 feet for raptors) barrier or flagging shall be erected around the
nest site. No habitat removal or any other work shall occur within the fenced nest
zone even if the nest continues active beyond Augusf 15, until the young have
fledged, are no longer being fed by the parents, have left the nest, and will no longer
be impacted by the project. Vegetation c(earing MAY occur other than as described
above iF Department-approved avoidance measures are in place to ensure no impacts
Page 2 of 11 ApplicanL-'s initiais
Date prepared: June I1, 2009
Dzaft 1 of 1 Notification Nurber 1600-2009-OC
. o � �
fo nesting birds may occur AND the Applicant receives confirmation from the
Department that the vegetation removal at a specific site is allowed on a specified
date. The Applicant shall submit the mapped survey results to the Department for
review and approval per Condition #4I prior to vegetation rernoval to ensure full
avoidance measures are in place.
5. Prior to, and within 48 hours of the planned start of construciion and/or vegetation
removal, a focused survey for CRL,F and SFGS using agency approved protocol shall
be conducted. If either of these species is found in the area, the Department shall be
notified immediately per Condition #41 below.
6. Disturbance or removal of vegetation shall be monitored by the biological monitor.
Disturbance or removal af vegetation shaf ( not exceed the minimum necessary to
complete operations. Vegetation outside the construction corridor shall not be
removed or damaged without prior consultatian and approvaI of the Department.
Where feasible, hand tools shali be used to trim vegetation to the exYent necessary to
gain access to the work sites.
7. Vegetation removed wilI be placed directly into a disposal vehicle and removed from
the site_ Vegetation will not be stockpiled on the ground unCess it is later transferred,
piece by piece, under the direct supervision of the biological monitor or qaalified
biologist.
8. No trees inside or outside of the delineated work areas shall be removed or damaged
without prior consultation and approval of the Department.
9. Biological monitors will direct and inspect all vegetation and sediment removal
activities, as well as all vehicle traffic on the project site. All biologica[ monitors for
the project must be approved by the USFWS and the Deparhnent prior to the
commencement of work.
] 0. A CRLF and SFGS exclusionary fence shall be erected aroand the project work area.
After installation of the fence barrier, a qualified biologist/biological monitor shall
daily inspect the work area, upland areas adjacent to the creek and the enclosed
Page 3 of 1i Applicant's initials
Date prepared: June 11, 2009
Draft 1�f 1 Notification Nutn.i�er 16C0-2009-OL
staging area each day prior to mobilization of equipment. If the qualified
biologist/biological monitor determines these construction work sites do not occupy
sensitive species, equipment may be moved onto the work site under the observation
of the biological monitor.
1 L If SFGS are found in the project area and move into the staging area during non-work
hours, they could be injured or killed when equipment is moved at the
commencement of the work day. To avoid take of SFGS if SFGS are found in the
area, the staging area shall be surrounded by a snake-proof fence. This fence will
encircle the staging area, leaving an opening through which the construction
equipment and materials can enter and leave the staging area. The opening will be
secured by a snake-proof flap, to be opened at the start of wark and closed at the end
of work each day. The sides of the flap will be sealed so that there are no openings or
gaps in the flap closure greater than 0.25 inches. The construction crew will be
instructed of the importance of keeping the flap closed at a(1 times. The flap shall not
be opened unless the qualified biologist/biological monitor is there to observe.
12. Any CRLF located within any of the barriers shall be captured and relocated to an
appropriate area downstream of the worksite by the qualified biologist if deerned
necessary and approved by the Department and the USFWS.
13. If SFGS are found in the project area, they are not to be handled. SFGS is protected
by Section 5050 of the Fish and Game Code. Under this statute, take of a fully
protected species may not occur except for scientific or recovery purposes. Catch,
pursue, capture or attempt to catch, pursue and capture is considered take as defined
in Section 86 of the Fish and Game Code. Because of this, any SFGS encountered on
the work area must be left alone until it leaves the area on its own.
14. Any vehicle parked on site for more than 15 minutes shall be inspected by the
biological monitor before it is moved fo ensure that CRLF and SFGS have not moved
under the vehicle. Any parking areas must be checked in advance by the biological
monitor or qualified biologist.
15. Prior to start of construction, the stream shall be diverted around or through t}►e work
Page 9 of 11 Applicant's initials �
Date prepared: June 11, 20C9
Draft 1 of 1 Notification Number 1600-2009-0039-3
area and the work area shall be isolated from the flowing stream. To isolate the work
area, water tight coffer dams shall be consiructed upstream and downstream of the
work area and water diverted, through a suitably sized pipe, from upstream ofthe
upstream coffer dam and discharge downstream of the downstream coffer dam.
Coffer dams shall be construeted of a non-erodible materia] which does not contain
soil or fine sediment. Coffer dams and the stream diversion system shall remain in
place and functional througliout the construction period. If, the coffer dams or stream
diversion iail, they shall be repaired immediately.
I6. The quaiified biologist shall check daily for stranded aquatic life as the water level in
the dewatering area drops. All reasonable efforts shall be made to capture and move
all stranded aquatic life observed in the dewatered areas. Capture methods may
include fish tanding nets, dip nets, buckets and by hand. Captured aquatic life shall be
released immediately in the closest body of water adjacent to the work site not
affected by the construction activities. This condition does not allow for the take or
disturbance of any state or federally listed species, or state listed species of special
concern .
17. Flow diversions shatt be done in a manner that shall prevent pollution and/or siltation
and which shall provide flows to dow�istream reaches. Flows to downstream reaches
shall be provided during al l times that the natural flow would have supported aquatic
life. Said flows shall be sufficient qualiry and quantity, and of appropriate
temperature to support fisb and other aquatic iife both above and below the diversion.
Nonnal flow shal[ be restored to the affected stream immediately upon completion of
work at that location.
18. A qualified biologist shall d'uect and inspect all activities associated with the water
diversion, aquatic species reloeation and structure eonstruction.
19. No equipment shall be operated within the live stream or within the stream channe]
except as may be necessary to construct cof€er dams to divert stream flow and isolate
the work site.
20. A qualified biologist is an individual who is certified by the Department and
Page 5 of 11 hpplicant's initials
Date prepared: June 11, 20✓9
Draft 1 of 1 Notification Number 16G0-2009-OG
permitted by the United Fish and Wildlife Service (USFWS) or NOAA Fisheries
National Marine Fisheries Service (NMFS) to hold a valid 10{a)(1}(A) permit to
handle the listed species.
2I . A bioiogical monitor is an individual approved by the Department and who is
experienced with construction level biological monitoring and able to recognize
special status species and is familiar with the habits and behavior of those species.
22. The biological monitors will have the responsibility and authority of stopping the
proposed project, if any crews or personnel are not complying with the provisions
outlined in this document.
23. An education session about the special status species that may be present at the
project site and iheir habitats, as weil as the penalties for take, will be conducted for
all project personnel. The training will include visual materials on species
identification, procedures to follow when encountering any species in the work area,
and all work restrictions within the property. ln addition, pocket pt►oto-cards with
photographs of SFGS and CRLF will be distributed to all on-site personnel. The
education session shall be presented by the project biologist.
24. All work associated with the project shall be done according to the supporting
materials submitted to the Department by the Applicant and its biologists. In the
event of conflicting provisions between this agreement and the protective measures
within the other documents listed, the provision with the most stringent protection for
wildlife resources, as determined by the Depamnent, will prevail.
25. To ensure a successful revegetation effort, all plants shall be monitored and
maintained as necessary for 6 years. All planting shall have a minimum of 80%
surviva] at the end of 5 years. Ifthe survival requirements are not meeting these
goals, the Applicant is responsible for replacement planting, additional watering,
weeding, invasive exotic eradication, or any other practice, to achieve these
requirements. Replacement plants shall be monitored with the same survival and
growth requirements for five years after planting. An annual status report on the
monitoring of planting shall be provided to the Department of Fish and Game by
Page 6 cf I1 Rp,olicar,t's initials �
Date prepared: Jur.e 1�, 2009
Draft 1 of 1 Notification Number 1600-20C9-0039
December 31 of each year. The number by species of plants replaced, an overview of
the revegetation effort, and the method used to assess these parameters shall also be
included. Photos from designated photo stations shall be included.
Other Conditions
26.1�'o phase of the project may be started if that phase and its associated erosion contro(
measures cannot be completed prior to the onset of a storm event if that consh-uction
phase may cause the introduction of sediments into the watercourse. Seventy-two-
hour weather forecasts from the National Weather Service shall be consulted prior to
the start up of any phase of the project that may result in sediment runoffto the creek.
This forecast shall be docuinented upon the Deparhnent's request.
27. Dredged material shal] be disposed of at an upland site with proper siltatian controls.
Spoil sites shall not be located where spoil wiil likely be washed back into the water
or where it will cover riparian vegetation.
28. At not time shall silt laden runoffbe allowed to enter the canal or downstream flow or
directed to where it may enter the watercourses.
29. Upon Department determination that turbidity/siltation tevels resulting from Project
related activities constitute a threat to aquatic life, activities associated with the
turbidiry/siltation, shall be halted until effective department approved control devices
are installed, or abatement procedures are initiated.
30. Building materials and/or constructio� eqaipment shall not be stockpiled or stored
where they could be washed into the water or where they will cover aquatic or
riparian vegetation.
31. Staging and storage areas for equipment, materials, fuels, lubricants and solvents
shall be located away from the wetted areas. Stationary equipment such as motors,
pumps, generators, compressars and welders, Iocated within or adjacent to the creek
shall be positioned over drip-pans.
32. An emergency response plan shall be prepared and submitted to the Departmeni of
Page 7�f 11 Applicant's initials
Date prepared: Jane 11, 2009
Draft I cf 1 Notification b'vmber 1600-2009-OG
Fish and Game priar to the start of construction. The Applicant must receive
approval of this plan from the Depariment before construction shall begin. The plan
shall identify the actions which wilt be taken in the event of spill of petroleum
products, or other material harmful to aquatic ar plant life, and the emergency
response materials which will be kept at the site to allow the rapid containment and
clean-up of any spilled material.
33. Any equipment or vehicles driven and/or operated within or adjacent to the creek
areas shall be checked and maintained daily to prevent leaks of materials that if
introduced to water could be deleterious to aquatic Iife, wildlife or riparian habitat.
Vehicles must be moved away from the stream prior to refueling and lubrication.
34. Any hazardous or toxic materials that could be deleterious to aquatic life that coufd
be washed into State waters or its tributaries shall be contained in water tight
containers or removed from the project site.
35. Prior to commencement of work within the streain zone, the Applicant shall
photograph the project site. Upon completion ofwork activities, the Applicant shall
photograph the project site. Labeled copies of photographs sha[1 be sent to the
Department of Fish and Game within 60 days of completion of the project.
36. All temporary flagging shall be completely removed from the project site and
properly disposed of upon completion of project activities.
37. The contractor shail not dump any lii#er or construction debris within the project area.
AII such debris and waste shall be picked up daily and properly disposed of at an
appropriate site.
38. To the extent that any provisions of this Agrecment provide for activities that require
the Applicant to traverse another owner's property, such provisions are agreed to with
the understanding that the Applicant possesses the legal right to so traverse. In the
absence of such right, any such prov[sion is void.
39. In tlie event that the project scope, nature, or environmenta] impact is altered by the
Page 8 0: 11 Pppl�car,t's initials �
Date prepared: J�:re I1, 2003
Draft 1 of 1 Notification Number 16D0-2009-0039-3
imposition of subsequent permit conditions by any local, state or federal regulatory
authority, the Appiicant shall notify the Department of any imposed project
modifications that interfere with compliance to Deparhnent conditions.
40. A copy of this agreement must be provided to the contractor and all subcontractors
who work within the stream zone and must be in their possession at the work site.
41. The Applicant shall notify the Department by contacting Suzanne DeLeon at
sdeleon cL,d�f �.ca. o�v or 831.440.9433. Hard copies of documents that must be mailed
shall be sent to the Department at P.O. Box 47, Yountville, CA 94599, Attention
Suzanne DeLeon or faxed to {707) 944-5595, Attention Suzanne DeLeon. Refer to
Notification 1600-2009-0�39-3 when notifying the Department.
42. Deparhnent personnel or its agents may inspect the work site at any time.
43. The Applicant is liable for compliance with the terms ofthis Agreement, mcluding
violations committed by the contractors and/or subcontractors. "I'he Department
reserves the right to suspend construction activity described in this Agreement ifthe
Department determines any of the following has occurred:
A). Failure to comply with any of the conditions of this Agreement
B}. Tnformation provided in support of the Agreement is determined by the
Department to be inaccurate.
C). Information becomes available to the Department that was not known when
preparing the original conditions of this Agreement (including, but not limited to,
the occurrence of State or federally listed species in the area or risk to resources
not previously observed)
D).The project as described in the Agreement has changed or conditions affecting
fish and wildlife resources change.
44. Any violation of the terms of this Agreement may result in the project being stopped,
a citation being issued, or charges being filed with the District Attorney. Contractors
and subcontractors may also be liable for violating the conditions of this agreement.
Amendments and Extensions
Page 9 of 11 AppZicant's initials
Date prepared: June 11, 2009
Draft 1 of 1 Notificatior. N�:nber 1600-2009-OL
45. This Agreement is transferable to subsequent owners of the project properiy by
requesting an amendment.
46. To extend the Agreement beyond the expiration date, a written request or completed
"Request to Extend Lake or Streambed Alteration Agreement" form, with an
appropriate fee, must be submitted to the Deparm�ent (1600 Program, Post Office
Bos 47, Yountville, California 94599) for consideration at least 30 days before the
Agreement expiration date. An extension requires a fee. The Fee Schedule and
Extension form can be obtained at www.dfg.ca.gov/1600 or by phone at (707) 944-
5520. Extensions of the original Agreement are issued at the discretion of the
Depariment.
47. To modify the project, a written request for an amendment or a completed "Request
to Amend Laice or Streambed Alteration AgreemenP' form, with an appropriate fee,
must be submitted to the Department (1600 Program, Post O�ce Box 47, Yountville,
California 94599). An amendment requires a fee. The Fee Schedule and Amendment
form can be ob#ained at www.df�.ca.�ov/1600 or by phone at (707) 944-5520.
Amendments to the original Agreement are zssued at the discretion of the
Departrnent.
YCease note that you may irot proceed wifh construction until your proposed projec! has
undergone CEQA review and the Department signs the Agreement
t, the undersigned, state that fhe above is tlie final description of t/ie project I am
submitting to the Department for CEQA review, leading to an Agreemenf, and agree to
implement the conditions above required by the Department as part of that projecG I wil! not
proceed with this project until the Department signs llie Agreement. I also understand that the
CEQA review may result in the addition of ineasures to the project to avoid, minimize, or
compensate for significant er:vironmental impacts:
Applicant's name (pnint): �-� /j
Applicant's signature:
Signed the �.� � day of �U71,Q- , 2009
Page 10 of 11 Aoplicant's initials�
Date prepared: June I1, 2009
Draft 1 of 1 Notification Number 1600-2009-0039-
Fage 11 0: ;I Applicant's initiaZ:
Date prepared: June iI, 2009
Draft 1 of 1 Notification Number 260Q-2G09-0
,-�T._ _ _
I 8� /5/2009) Diane Harais - Fwd: RE: HIGH PRIORITY: bmw SAA 2009-0039 ��� ,�� � Page_1_1
From:
To:
Date:
Subject:
HI,
Will this suffice?
Suzanne
Suzanne Deleon
Diane Harais
8/5/2009 920 AM
Fwd: RE: HIGH PRIORITY: bmw SAA 2009-0039
Thanks for your help,
Suzanne DeLeon
Environmental Scientist
Bay Delta Region
P.O. Box 47
Yountvifle, CA 94599
831.440.9433
»> "Brochick,George" <qbrochickC�penskeautomotive.com> 8/5/2009 8:02 AM »>
This email will confirm that Skip Gartin , Area Vice President for
Northern California, is authorized to sign documents relating to Peter
Pan Motors, Inc, dba Peter Pan BMW. If you need additional information,
please feel free to contact me.
George W. Brochick
Chairman
Peter Pan Motors, Inc
480.538.6910
From: Burns,Geoff
Sent: Tuesday, August 04, 2009 3:36 PM
To: Brochick,George
Cc: Suzanne Deleon; Patrick Kobernus
Subject: FW: HIGH PRIORITY� bmw SAA 2009-0039
George, per below, can you reply to all in this e-mail and confirm that
Skip Gartin is authorized to sign documents for you as related to Peter
Pan BMW?
(I have attached the document that Skip signed for the Department of
Fish and Game)
s�.. I�'c��p - Z �3-6q /601� z�q-od��-�3
�.
-��
� `'���� � AN FRANCI5C0 BAY AREA
` � ' - ]OINT AQUATIC RESOURCE PERMIT APPLICATION
� �����'`—
�. � jD��f � 3 � 1�d-dia-`�
��� 1�9 . 7 �...t�;�� ��'1 � ��-l��
Th"ts form �s for use m San Francisco, Contra Costa Alameda Counti i
, es, Mar n
County (except Estero San Antonio watershed), San Mateo County (except Gazos
Creek Watershed), and the portions of the following counHes that drain tv San
Francisco Bay; Sonoma, Napa, Solano, Santa para ���� ����
Please consult ]ARPA Instructions before completing tf�e form FEB 0 3 200�y
Copies of this form are being submitted to the foliowing agei
Agency Contact Phone Type of
A licai
San Frdncisco Bay TBD( Matt Graul 510-622- C�NA 401
Regional Water Quality �81 cert�ficaaon
U✓ US Afmy COtps Of TBD/ Paula Gill 415-503- Sedion 404 permit
En ' eers Co S 6776 Nationwide 13
CA Dept of Fsh and Suzanne Deleone 831-440- Streambed
Game (DFG) 4433 Alteration
Agreement
saa oe�aranent, e�y 7o7-s�w-
�eKa R ton sszo
US Environmental N/A
Pro ion A en EPA
S Fish and Wildlife Miche�le Havens 916-414- Sec. 7 consuttadon
�ervice (RNSI 6600
(_JNational Marine nw
Fisheries Service NMFS
US Coast Guard wa
San Francisco Bay N,4
Conservation and
Development Commission
Lands Commission
eraf Funding
Gty ofBurlingame
Other Local
Other Local
NA
Ruben Hurin
N/A
N/A
650- I CEQA
5 -256 f
Application/ Status
Permit #
In Proress
In �rocess
In Process
In Process
Mitigated I In Process
Neqative
Page 1
For the mast recent version of the form in Microsoft Word, visit �://ar�a.abaa.ca qov Or confact Jennifer Krabs, 510-fi22-2315.
Version 110b
0
08I06J2008 15:07 4Z544'r297d
Cfo f'at�+- 0'NQna 9by �
Ern� Acidress
C 7
- 32 3� � Hom� Phone � y/� �$'b -7� 9 O �14 Phone �i ,
�
sFgnature of properry awpser ccept public e � 1 Dat�//
Qop ,��v
i i�y page mus[ �e S1$netl t7ty C�E dpP tiG D�► wner and agent � ba
, �tsidge'ed corttplete,
Fw MB tn0.t mceM vatslon d tha fium 6� Afumsaft 6Yard, visY Pe� ?
Ve�sianiS4d �Pe-�ca,ggQy. �rwnmctJennffetKreba,510�62'2-3315.
SECiI�N OME -- TtJ BE �6i►9�'L1EY�D BY Al.L APPLICANTS
� sox s ntame of �oportv ow►�rts�, if o3�r tha,. aneGr�nr
Box 5 Existing sibe conditions: Describe the existing condition of the site, including wedands, channels,
streams, ponds, seeps and ditches, and other jurisdictional features, Include inforrnation on elevations,
vegetation, property use, and structures. Use additional pages if necessary, If any portion of the
proposecl activity has already been initiafied or completed on tf�is property, indicabe type o€
activity and month and year of completion, if applicable:
. i ! OL� , � � / . ( � ��.�� , - � � .�..• �J 1
i 1 ' � • � . r . _ � � �i_ � • �� l � Y�
�� �'� r �� ��.� � � • - Il - � � - � � � , � � - •• ' ��V'
• � � � 1 � isl
- 1� � � . � � Y� • t• �• - �� �j - �.�• � � - 1�� �.l ► � ' � � � . r .
! [yl �� � - � 1 - �� � • y, a�� r .1 � . � �- � _ � • . � .1' � � � � . ��
�! �� ,� 1 1� �r . �� . U . � - s49 . � � - ��. • � - • � - � � �� -
L l� ' •��r�� •N �K •
•� :� i - • . - -
�� L � ��. � '� • � � � ,1 �' � �1• �. � � � � .r- � •
.�• • '1 _ �ql �. �.• �� _ �� �J' �p�-
� ! 1 • �r � • � �� .1'.
� ���� � �. �� . � • . • �J- � � ��1� � • �4 � - �r .�- �
' � . e ^ � t� • . �� .- � z • 1� �.. ��- - � . . �� • 1� • - � •
Box 6 Proposed pmject starting date: June 1, 2Q09
Fstimated duration of activity: 4 weeks Estimated completio ate: July 2, 2009
WiU the project be construded in stages? ❑Yes No
Describe any anticipated activities .that will take place during the rainy season (October to April)? No activiti�
will take �lace in tfie rainv sea�p,
Page 3
For the mosi recent version of the form in MicrosoR Word, visit htto:/fiaroa.abaq.ca.qov Or contact Jennifer Krebs, 514-622-2315.
Version 1106
Box 7 Desr,riptton of the proposed project: Use as many pages as necessary to describe the project as
compfetely as possible. Describe the area within the project site that wiil be used eadi for development
features and open space. Include construction plans pertaining to the project. For additional guidance on what
to inciude, refer to the instructions.
-.... �...-K ... . - .. 3 .-.• . •, •_.. -.
� . , . . . ..- . -. . � ... �
- . . . K . � � - . . . . � . -
�� � :,� � - r_- � . b - �a � • • � . � . _ l t}� il " �i 2 � • i�. � � •
�� � ��i . • � - �.� • i �- �. �� � i � _ � � � re - - � . .�� �
� ' � � . � . . �.- M � � � ' 1 ' • 1 � f'r. . .' • 1 ' 1 � iy��
' ! 1 '• � / � �.� • • _ • . • � . .�' f �� ' � �1' ��
'�.� i� .�i � •. � . •r. -• • -r. _ - • ��'� • � - � � •�� • �� �
z 1 1 . Er • � - • . ., - •• � �- ll :- K��! �� S� 1+ it �.1 � . � • - i • • � �� � - • �. �
. Nr.. � � � �K � � � � . S 1 1 .� 1 1 •
�: � �- •�-r.�,� � .i• •
._.. .,. .. .- .•----- '-- - -
Specify the equipment and machinery to be used to complete the project
�ne backhce with chain to manew� th n��vert in ola P, hand vibration piates for �il rnmoacrion, hand
La_borers for dwamo and fence con �rn�� DewatPnng the channel �a�ill be c�one with sum� c�umps and �nd
baas to isolate the work area. fWater denth wi ..in die channel is tvnicalfv less than 6 in h�.)
�Wil water be present in the waterbody during the proposed work period?
Yes ❑ No �/"� /� [ r� q L,
Wiil proposed project require woric in the wetted portion of the channel? .
Yes (enclose a plan to divert water around the worksite) ❑ No
Purpose of the proposed project:
The ourpose of the oroiect is m orovide vehicle ar�c t,Pr,�,�n ����ina �reas and ho install a stormwa r
b'eatrnen� syscem on site to remove ooll ,tanr� �n site befo ++,�� rp�h �� ari;�wnt drain�a dlt�fl nri S�n
F2ncisca Bay.
Environmental Documents (non-CEQA): List any environmental studies, surveys, etc. that have been
prepared for the project and/or the project site. Pnovicfe the date of the dowment and the name of the
individual, firm, or agency tf�at prepared it. Attach additfonal pages as needed. See pnstructions.
' I i R u en f r 2- 3 A ri R r i m ►if mj
Ranae Emlouv, January 2009
2 En ineerina Drawinas for BMW Service Center Cul rt Crossina Preoared bv Lea and Braz Enameenna
�
3) l.�ndscaoe Plan for BMW Servi rPrltPr (�I IIVPI'f i�mcS�nQ P ���y ril Philins Desion Work , In�
See special section of the instructions on drawings. figures and photographs. Attach figures, maps, and
directions to the project site. One set of original or good quality reproducible drawings must be attached to
applications to each agency. Applicants are encouraged to submit photographs of the project site, but these do
not substitute for drawings. BCDC, the Corps Of Engineers and Coast Guard require at least one set of
drawings on 8-1/2 x 11 inch sheets,
Page 4
For the most recent version of the form in Microsoft Word, visit htt :/fa a:aba .ca. ov. Or contact Jennifer Krebs, 510-622-2315.
Version 1706
BoX 8A P�aoement of 8tructures And/Or Fil1 Material in Waters und Artny Co .7urisdittion
♦ Will fill be placed below the ordinary high water line for fresh waters? �Yes �No
• Wit1 rock, fill, bulkhead, pilings, res or other material be plaoed wate�rward of tf�e inean high water
line for tidai waters? ❑ Yes No ,,
• Will fill be placed below the high tideline in tidal waters? � Yes � No
If appiicable, number of �inear feet of impact — 4Q feet
Arr�ount of botal fill —1 cubic vard of backfitl
Amount of fill betow the ordinary high water mark or high tide line 1 cubic yard of bad�ill
Type of fifl c�.rnent box culvert. qravel and native mud
Material source f�(g
Box 86 Waterway Impacts: Placement of Structures and/or Fiil in Waters of the State
Will the project or activity invo e worfc in tlie bed, bank or channel of a river, stream (including seasona!
streams), or lake? ❑ No Yes
If yes, describe both temporary and permanent impacts to the bed, channel, and bank of the river, stream, or
lake, and the assodated riparian habitat. Specify the dimensions of the modifications in lengtfi (linear feet)
and area (square feet or aa�es) and the type and votume of materia! (cubic yards) that witl be moved,
displaced, or otfierwise disturbed, if applicable.
•r��� .t- •I11 � . is �s -1 • .�C 1
s.cu�.��. � ...-.-' • - --'--- - - --- - ��1 "l,' N � �-
area would retum to cattail marsh
Will tlte project affect any vegetation? U No U Yes. If yes, complete Box 17-FGIl
Page 5
For the most recent version of the form in Microsofl Word, visit htt .p�/taroa. abaQ.ca aov Or contact Jennifer Krebs, 510-fi22-2315.
Version 1106
Box 9 Impacts on Wetiands
♦ Will the proposed project have temporary or permanent impacts to wetlands, inciuding isolated w ands,
seasonal wetlands, managed wetlands or on tide or submerged lands (i.e. fifl, flooding, draining)? �Yes
❑ No
If yes, ptease describe the wetlands, using additional pages as necessary. Provide one or more photographs of
ti�e euisting conditions.
� � � � Y � � • _ �l " �'1 .�,� � � .■� - • .�. .�•
.�� • 1 - �- . � . . � . s � � • .� :1 ��• �. � � - � ��� - . �
t � �� � � • �� _ : �!= /i . 1.� 3 • I - � � z u ' • �
� ��� � � � •• �' - �► RI R: � • •.
• If a wetlands delineation has been completed, please submit it with applitation.�Yes, Attached � No
♦ If a geology or soils report has been prepared, pfease submit with application Yes, Attached r� No
Box 10 PotenHaf for Impads to Threatened and Endartgered Species
Are any special status animal plant species, or hatirtat that coufd support such species, known to be present
on or near the project site? �Yes ❑ No � Unknown
If yes, IisE here
1) Califomia red-leaaed fim lRar,� a��.n.� .�.� %�, �eralh T" �� i r�d,�1,q�C Jr�,i�a �f Soecial Concem
2} San Franasco aarter snake f Thamnoohi irta/i� notrar.�,;a� r-�rau �nd Sta Endanaered Statp F,�If�
Protected S�eaes,
Identify the source(s) of information that supports a"yes" or "no" answer above:
� Biofoaical Resource Assessment for 1625-1633 Adrian Road Burl)ngame Califomfa Preoared by Coast
Ranae Ewloov. January 2009
z) Califomia Natt�ral Diversitv Database (CNDD$�, recprds search pecem r 2008
Have surveys, using tJ5 Fis and Wildlife Service protocals, for possible listed species been conduded?
� Yes, Attached No
If a federal or state listed species is being impacted, a biological assessment or study may be requi ' to
evaluate potential project impacts on biological resources: Has such a study been completed?. �Yes,
Attached ❑ No . �
Nas a hydrological study been completec} for the projett or project site? ❑ Yes, Attached No
Note: A hydrological study or other information on slte hydraulics (e.g., flows, channel characteristics, and/or
flood rea�rrence intervals) may be required to evaluate potential project impacts on hydrology: The Proiect
Enoineer (Lea and Braze Enqineerinal is working with the Gtv of Burlinaame to determine what h rol
ti, � .�. �t Y ���
Box 11 Avoidance of Impads
Provide a full, teci�nically accurate description of tl�e entire activity and associated environmental impacts,
including areas outside of jurisdictional waters. (90 percent of applications to the Regional Board require an
Attematives Maivsis.l See instn�rtinnc
Page 6
For the most recent version of the form in Microsoft Word, visit http:/fjar�a abag ca Qov Or contact Jenn'rfer Krebs, 510-622-2315.
Varsion 1106
- � • �R Il �vSw • � � � :�r � � . . � � - - • • 1 _ z_ � �ll . . � . � . �
:•1 � . - � . t • r. . • � . �, - •. ��•. • y.��� -►•-
� � R ��z• i Q • -! • � q� ���-� •• ,h! �1� •. - . � ��
� . � � � •. - �:�,- s� � � �1 � - �.• � • • � . � t� .
� •• � � �� � � • � • - •� 1� � � � �- • '� ��� r. � � �- .�• �
l" :� � � �� �1� � �1� • l�� r � 1� � � izR � 1!� K, � �.[�� i.' • � �.� t 7�1_ K • •
orl � � � � . • . - � � i� a� 7 Lr . �: lll • �l � • - �- . • � �L• • .�� � zs � ' • • '
• - e ^ �l � � •• . � � • � - � . .�- • - �1���-n
- • �4 � � sR � � �- • r _ � . � ��• � _ �- � . .�- - � ��- • � �-
.�� � f 2 � _ ' •• 1 1 ' • �j�• Zt • � � 1 • •• � . • ' �� ' �. �.
� �z • 7� 1 �� :. . � -_7 • r � . V� � • � •
�� �,. � � �1� S �,1 • - � � � -
:. .....
�r. �- � �' • .�• •�� � � • ��• e• ��. � � �
�' • �• • �� • ,• M� � � � � � .�- - .� � � • �
i �. • r. �. � --�-� .• .�� � �.�:.. . -�-� � �
f � r. •�' r.� •� .�� � r.
•�� � _.-► '1 c� :•1 �.+1' � 11_ oL'+ � � - � . .�� � � �- �� �:�� � �.�1'lt"1
� . •�� �- • �� � -�_ � rlU �' - L�! 41� • � - L.��- •� ���� �- - •!�
� � ��.eC• ':.1 � z7i � . �li If �•.5�. � • �_�i. . y � ,:��+ �
t . .�' - ���� � • . � y.1 11 t 1 1 - � �- '�� �• �
.�� • �.�� • �� � ��t��sl\
y s, r• • ��/! 4� , i��� � -. i ii. i
'=s� i J l �l' ' ft. el i�� �,. �� i � 1 y � • --
1L ' 'L! � .
11 • �� �� . • �� �� l"l1-r. • _ � • � � � �1 ��u - • .Lr.
� - � .�- � � � � � .� • • r, • ��� r r �- 'i � � �
.��N.L.• ���Y�J t• �•r' ��
� �.�i • i cU/ ... �.,�a S� C T� i 1i. •
. ��, !� - �� . - � ..Jl� 1� i • � • 1�1 � . • l' =i 1 1 1 • � - � • �� � . - r - �
�J;- • � • �
' �. ���� . :� � .�• - � � � — � r. .� ���r . -�- •
•- r�� � u 1 1 .y�1• 111 � z .� . aJ • ��• �r .�- •� •� • �
'�- � .��p, �• � � . . -
. • � � � �- . • • � - �l!I+ ci � ��- ��N �'l� �a! �!"r _� � �1- •�-
- S' � • i� O It til - LI 11 E.� • 4_ et Q� 1!t. �1 � � 1 � - R� � . � � -�. • . ! �:.
- � 2� � � �' . � �, �. y��� . �� � � � •- � . �� • 1 � •
�' � � �6}-" � � +� �II s ••.��..7 el� _ • �,. •� ♦ i •
. - �p • � • � � _ cI.L �/ a.. .j�
� �• �i y � 1 � ::���, � ,� .•� � • �_
• �� K��
I c p1 .N �% �/f __ • � � � . • •I. � y" l� li �- , f •� s� � a.:�� �
- � . cJl - � . � .- 1�.1 � . Kl�� • zS� : so,� �� � �• � � �. �,
� . -+. � . - 1 . � � � �
!f• • . ! �• � . • r.�_Jf'l � . 1 cN.l� �.I- �. � • . �. -�
1t: • • �� � , s( ��
�- �1�[:� � • ��. e� � � ' 1 - �-
.��� • �.! U • 1 �� • �
C �� P- � 1 �� � � � • � � � � •l\ • I � .
Page 7
For ihe most recent version of the form in Microsoft Word, visit htt�:ltaroa.abao.ca aov. Or contact JennHer Krebs, 510-622-2315.
Version 1106
m
:jl' .�r s� e � � . � s � -� . � • . � � .
. lb 1 � • C � ' � � -
- • �� s!�'� LL:� . �� �: ��s �.�- 1 � L" q� - ��.
•- - �. � • � � - 1 11• .� a • 411- �- �
3i �12 DCOI� WI�� If15��1 a SiO�TIWBtEf CTP.af711ei1t SVS�fII Of! SItP t0 U�t DO��UtcitlLS Df10� bD 211tefIflQ tf'12
drainaae ditxh Existinp untreated runoff from the site drains directiv into the drainage ditch
Box 13 Excavahon Md/Or Dredging
For Non-Navigational Dredging projects (construction, flood control, remediation, ebc.) that do
not propose disposal or reuse cf dredged materials in aquatic environments [Navigational Dredging
Projects or Dredging Projects that Propose Aquatic Placement of Dredged Material for which Testing may be
Needed should be aompleted tt►rough the Dredged Material Management Office ( MO)].
Will excavation or dredging be required in water or wetlartds? ❑ Yes �No
If dredging or excavation:
• Volume: (cubic yards)/area (acres)/,
♦ Composition of material to be removed:
• Disposal location for e�cravated material:
(linear feet of channel)
♦ Method of dredging:
♦ Purpose of the dredging:
♦ Estimated future maintenance dredging requ(red annually: cubic yards
♦ Additional information tn be provfded in an attachment � Yes � No
Box 14 Enviranmerttal Impact Documentabon
Has a draft or final document been prepared for the project pursuant to the Califomia Environmental Quality Act
(CEQA), National Environmental Protection Act {NEPA), Califomia Endangered Species Act (CESA) and/or
federal Endangered Species Act (ESA)?
CJ Yes (Check the box for each CEQA, NEPA, CESA, and ESA document that has bsen p�pared and enclase a copy of
ea )
No (Check tfie box for each CEQA, NEPA, CESA, and ESA document listed below that will be or is being preparedj
� Notice of Exemption
❑ Initial Study
tH Mitigated Negative Declaration
❑ Environmental Impact Report
O NEPA document (type}:
❑ CESA document (type):
❑ Negative Declaration O Notice of Determination (Enclase) � ESA document (type):
❑ THP! NTMP O Mitigation, Monitoring, Reporting Plan
State Clearinghouse Number
Ftas a CEQA lead agency been determined? U Yes
If yes. CEQA Lead Agency �itv of Buriinqame
Contact Person Ruben Huri�
Telephone Number 650.55A-7�5R
No
Page 8
For the most r�cent version of t�e form in Microsoft Word, visit httD /fiar�a.abao.ca.qov. Or contact Jennifer Krebs, 510-622-2315,
Version 1106
0
If the project described is part of a larger project or plan, brie8y describe the larger project or plan.
LVL9
Page 9
For the most recent version of the torm in Microsoft Word, visit httol�araa.abag.ca.aov. Or wntad Je�nifer Krebs, 510�22-23i5.
Version 1106
Box 15 Public Notice Has a federal agency or the applipnt provided public notice of this application for water
quality certification?
Federal Agenry Q Yes If yes, date, , and �
Appiicant Yes If yes, date, , and No
Other ❑ Yes If yes, date, , and �o
If public notioe has not been made, please provide the names, addresses and telephone numbers of adjoining
property owners, lessees, etc. (Note thatlraca/governmentr may raquire additiona/ notic� — cnnsu/t your /aca/
govemmenta9�Y1
Name Address Phone number
SEVEN SPRINGS LP 1649 ADRIAN ROAD
JOEY LO 1611 ADRIAN ROAD
LOIS JEAN AND DEAN L 1626 ROLLINS ROAD
MAWDSLEY
TOM AND JOANNA PAPAGEORGE 1634 ROLLIN5 ROAD
SAWAYLYN COMPANY 1616 ROlLINS ROAD
Bo�y'i,6 Site Inspection
Q!n the event that public agencies determines that a site inspection is necessary, i hereby authorize pubiic
agency representatives to enter the property where the project described in this application wili take place at
any reasonable time, and hereby certify that I am auth�rized to grani pubiic agency representatives such
entry.
❑I request agencies first contact (insert name) at
(insert tetephone numbe�j to schedule a date and time
to enter the property where the project described in this application will take place. ! understand that this may
delay the issuance of project permits.
End of Section One
Page 10
For the most recent version of the form in Microsoft Word, visit htta:/(arpa. abaq.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 110fi
�
Box 17 Departrnent of Fish and Game
Section Two — A en S cific R uirements for Pro'ect Permittin
Box 17 Department of Fish and Game — Projetts Adjacent to Creeks, Streants, Lakes,
and the Ba
_ This project does not involve tfiis a9encv (no addiNonal auestions mmoleted)
FEES
1
2
3
4
5
A. Project
BMW Service Center Cuivert Crossing
B. Project Cost C. Project Fee
$90,000 $750
D. Base Fee
E. TOTAL FEE 1 $750
Page 11
For the most recent version of the form in Miaosoft Word, visit htta:!larva.abaa.ca.qov. Or contact Jennifer Krebs, 51(1-622-2315.
Version 1106
Box 17 Departrnent of Fish and Game
. PRIOR NOTIFICATION OR ORDER
A. Has a notifiqtion previously been submitied to, or a Lake or Streambed Atteration Agreement previously been issued
by, the Department for the project described in this notification?
❑ Yes (Prvvide the infoimafion below) C+f No
Applicant: Notification Number: Date:
B. Is this not�ption being submitted in response to an orcier, notiee, or other directive ("orcie� by a court or
administrative agency (including the Department)?
�No ❑ Yes (Endasa a copy of the o�er, notice, or other directive. If ihe directive is not in w»ting, idenfify the
person who directed tire applicanf to submit this notificafion and the agency he or she reprosents, and
describe the cir�umsfances r�lating to the orcler.)
❑ Con6nued on additiona! page(s)
PROJECT LOCATION
Indude a map that marks the location of the project w'�th a�ference b the nearasf cily or town, and provide driving
diractions from a majorroad orhighway
D. ts the river or stream segment affected by the projeci fisted in the �
_ state or federal Wild and Scenic Rivers Acts? � Yes II No � Unknown
E. County � San Mateo County
F. USGS 7.5 Minute Quad Map IYame
San Mateo
K Meridian {check one)
L. AssessoPs Parcel Number(s)
025-262-330
G. Township + H. Range I I. Section J. Y. Section
WA � —�__.
❑ Humboldt Q"Mt. Diabio ❑ San Bernardino
M. Coordinates (!f available, prnvide at /east latitudeilongitude or UTM coordinates and check appropnate boxes)
Latitude: 37-35'4939" N Longitude: 122-2225.33" W
Latitude/Longitude
UTM � Easting:
Datum used for LatitudelLongitude or UTM
❑ OegreeslMinutes/Seconds
Norfhing:
❑ Decimai Degrees
� NAD 27
0 Decimal Minutes
❑ Zone 10 ❑ Zone ] 1
❑ NAD 83 or WGS 84
Page 12
For the most recent version of the form in Microsoft Word, visit http:/fiama.abaQ.ca Qrn Or contact Jennifer Krebs, 510-622-2315.
Version 1106
0
Box 17 Department of Fish and Game
G9. PROJECT CATEGORY AND WORK TYPE (Check each box ihat appliesJ
PROJECT CATEGORY �� REPIACE
CONSTRUCTION DCISTING STRUC
Bank stabifizafwn — bioengineering/recontouring ❑ a
9ank stabilization — ri�rap/retaining wall/gabion ❑ �
Boat dock/pier � �
Boat ramp � �
Bridge � �
Channel clearing/vegeta6on management p �
c�i�ert �
' Debris basin � �
Dam � �
Diversion structure — weir or pump intake p O
Filling of wetland, river, stream, or lake �
Geotechnical survey � �
Habitat enhancement — revegetatioNmitigation �
Levee � 0
Low water crossing � �
Road/trail � �
Sediment removal — pond, stream, or marina p �
Storm drein outfall structure � �
Temporary stream crossing � �
Utility crossing : Horizontal Directiona! Driiling ❑ �
Jack/bore � �
Open trench � �
Other (specify): � �
REPAIWMAINTAIN
❑
❑
❑
0
❑
❑
❑
❑
�
0
❑
❑
❑
❑
❑
❑
�
❑
Q
❑
❑
❑
❑
Page 13
For the most recent version of the form in Miaosoft Word, visit http:/�arpa.abaq.ca.qov Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 i�epartrnent of Fish and Game
FG1IPROJECTlMPACTS
B_ Vegetation Type
Freshwater emergent (cattails)
Linear feet: 2D
Total area: 20
Linear feet:
Total area:
2. MEASUFtES TO PR07ECT FISH, WILdIFE, AND PLANT RESOURCES
Linear feet: 20
Total area: 20
Linear feet
Total'area:
❑ Continued on addiSonal
C. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources.
� � .�S �• S� � � � � =- s � - • � � •�1 � • - � r 1. • �
�1 ' �� � 1 %�l 1. � :s. � � � ��tl - '�! 1 ,! 3�i � �.� ' . �... .1 r y� . � •41 � . �� 1•1
- �l"= s :1�Sw � . K�. � � �.RQ U 1 _ • ! �.� : LL� • � . . � - . � • - � � � K � � . � y l�l 1 1
.� . a,w � � - • �- z! 3 r S � �1 .��� • � . � • t - � � ��
Avoidance and minimization measures will consist of•
� � r � • 1 i� � �N � _ • :�� 2 � s,� l�� � . l, �� �,. � • 1 �
t. � � • . � . l" � ' z �a� • � � , � • • - � . • � � � � • . � i , � . � . c,� � • ��
1
� � � � zS • 1� • � • �� • s� . 1 � � . � � � - � • � t� .� • � � � � • �
� �� � � • �� sq � �1.� • ��p � - . � :iy 1l S 6 _ � � �11 � •� � �j . � � � � � �.�. 1 1 1 -
• �- �� - • • . • • � ' .�1� ��l! S�y - • � ' � � - • � � � • ♦
• . �; �� � � �- �
�� i,.�• q {- �il.� i.,��a • - • � •
R .S
S i' . �J 4 " _ +. 1 :• �11�� � � - � 1LL1S � ' / �� - ! �
r- . • -� • -�- � � - � - �• - � .�r - � . .�- � - �
.0 • �_ • • r:�r � �� � Je� - _ ' �eSs� � �.. � •.�� �
•� .�.
• u � s •� ��
Ii�, i i� �- / i-.7� li u-�.i.i_.i,_�i.•_..3�
d ��' •-u1 e � u• r� • ��
___ _ � ___ _ "" _ _� " - --�__-__-_ __ �� _ �"- _ _ _ _�iLLZJt1�'.
• • � ,l � �`
'�`i�. .����fi�. '-_1� .��� � � ���w -_7� • �, . j�� �� . � z-r: �V . ��.��� �: •
• 1 1 f Ii1 � . C =i �� :.� • � - • . � . � - _ Il 7_ � • � -�t - �• . r,� � - 1
:; �; . �� s � - �� • :; � �1' •N .' � =,!-r. �.1.� � _�• . r �� � S� 11� —
Page 14
For the most r�cent version of the form in Microsoft Word, visit http:/(aroa.abaa.ca.00v. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
l�L� -'�1"�uLaif7.7i
i. y . � • �. � _ I. �i _ r r, • - 1 � • • � • -o � •
� r . • � • •�"s �' ,i�� � � • , i•I [
j � � •1 s� l� i � .� � � .y _ ' � . � �' �� • ' � • s�i?__ 0�1 • • I ' � I w_ �� �
� • � • � � •• f � / / .1" � • . � • � ' � . 1 � � ' • � �' •. ��
�( �� r s � � • . � � • � - 1 .- ti i,! t� _- ! • � _ 11 � I � l� ' .� lw
� 1 Sz� • '�i� i � 1� � � � � •,.
�
� .�� � � � � .� .. •C • � . � - �� a • � - � -�
�! �.�� �� . � � • ,R� �,. - - �- �• � _ � t• � �� • � ..�� • � �d� �K - 1 /�1 •
• .1Y • - �- . �
V- � � z1 . 7s � •.11l" ]l1=11 •1 • 1: �� ,r. �. � • �� - • � - � . .�- � �
Ii il _ �� i " � � - - � , � � �R� � r � - � . . � - �
i3. PERMITS
List any locai, state, and federal permits required for the project and chedc the corresponding box(es). Enclose a copy of'
each permit that has been issued.
A. _USFWS 6iological Opinion
B. _ RWQCB 401 CeRfication _
C. _Creek Enclosure Permit, City of Buriingame
D. ACOE Section 404 Nationwide Permit
Cd Applied
Ef Applieti
0 A plied
f9" Applied
❑ Issued
❑ lssued
❑ Issued
❑ Issued
E. Unknown whether ❑ 4ocal, ❑ state, or ❑ federa! permit is needed ior the project. (Check each box that applies)
NMENTAL
is an environmenta! filing fee (DFG Code section 711.4) been paid?
Yes (FnGosed) l!� NO (F�cplain why it has not been pak� �FEF c� �c,� � Pacp �Po.� cSu�/t! ��4L ,
Page 15
For tlie mast recent version of the form in Miaosoft Word, visit hftp:l�ar�a.abaq.ca.gov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
]
� (
8ou 17 Department of Flsh and Game
18. D1GiTAL FORMAT
Is any of the inEorrnation indudetl as part of thenottficatfon availabie in digitai fwmat (i:e., CD, DW, etc.)?
❑ Yes (Please andose the information via digitat media with the completed notification form)
�o
17, SEGNATURE
1 hereby certify that to the.best of my knowledge the information in this notification is:true and correct and that I am
autho�zed to s(gn ihis'natification as, or on behatf of, tlse applicar►t. I understand that if ,anyir�ormafion in this
;_notiflcaiiat is found to be untnle or Incorrect, the Department may suspend processing this notification or suspend
or revoke any draft or final Lake or Streambed Alteration Agreemerrt'issued pursuant to this:natification. 1
,� uriderstand aisn`tk�at� if:any information in this notification is found to be witrue or incorrecf a�d the project desctibed
in this riotification Fias afready begun,. f end%r the a�ppiicant may be sutr}ed to civii or criminal prosecutlon. I
undeFsfand Uiat 1his=l�Ufication applies onCy to the project(a) describeQ herein and that 1 and/or the applicant may be
; subject to av�'ix crfminal prosecutlon for undertaking arry projed not des�xibed he�ein uniess tfie Departrnertt has
� been separately no6fled of that project in accordance with Fish and Gama Code section 1602 or.1617_
� /'�� '-L.-i`� �— 1- z1-o9
of9pp�icard or Appllcar�Ys auutiorized Representa6ve aate
Print Name
End af BOX 7 7
Page t 6
For the most recent verslon oi the form in Miaosort Word, vislt ht�:lllarna.abaa.ca.q�v. Or contad Jennifer Krebs, 510-671-2315.
Vetsion 1106
:• : : s
�
Bay Conservation and Development Commission —
on tfie Shore of the San Francisco Bay or Other BCDC Areas of 3urisdiction
� This roject does not invotve this a ency (no additional questions oompleted)
Does ti�e project involve development within the primary Does the project involve development within the 100-foo�
management area of the Suisun Marsh? shoreline band around San Francisco Bay?
❑Yes ❑ No ❑ Yes ❑No
If "Yes", provide any relevant Dudc Club number(s): San Francisco Bay Plan Shoreline Designation
Length of shoreline on the project site, in feet: Length of shorefine of any adjacent property owned by the
owner of the ro'ect site in feet:
Area reserved for non- blic access uses: . Feet Area reserved for ublic acces.s: . Feet
Total size of underwater and tidal areas of the project ID Numt�er(s) of previous SCDC permit(s) issued for work
site: . Feet on this site:
TOtal COSL Of PI'OjeCt. (This means the falr market value ot the projed, induding materials, labor, machine
rentals, etc) ,�_ Processing Fee
Bay FII! IflfORnatiOn - Fill means eartli or any other substance or material, induding pifings or structures placed
on pilings, and structures Floating at some or all times and moored for extended periods such as houseboats and
Floating docks.
■ Total Volume of solid fill tD be pfaced in water or marsh areas: ctibic feet
■ Area to be covered witfi solid fill: square feet
■ Area to be covered with floating filE: sq feet
■ Area to be covered with pile-supported fill: sq feet
• Area to be covered with cantilevered fill: sq feet
• Salt pond area to be filled: sq feet
■ Managed wetland area in the primary management
■ Area of the Suisun Marsh to be filled: sq feet
■ Area on new fill to be reserved for private, commercial, or other uses: sq feet
■ Area on new fill to be reserved for pubtic access: sq feet
• What is the basic purpose of the new fill in the Bay, salt pond, managed wedand, or cer�in waterway7
Informadon on Fil! to be provided in an attachment
■ Please specify the area of fill, in square feet, proposed to be cavered in structures; used for roads; used for parlcing;
used for pathways and sidewalks; covered with landscaping; used for piers, docks, and other maritime related purposes;
placed for shoreline protection; and used for other purposes (specify uses),
• Please provide dimensions of portions of all structures to be built on new filf, irtcluding length, width, area, height
and number of stories.
� Please provide one or more photographs of existing shoreline conditions.
Provide the folbwing information to justtfy ti�e proposed fi�l in an attachment•
BCDC can approve new fill for oniy five purposes: (1) accommodating a water-oriented use; (2) improving shoreline
appearance; (3) providing new public access to the Bay; (4) accommodating a project that is necessary to the health,
safety„or welfare of tfie public in the entire Bay Area; and (5) accommodating a project tfiat is consistent with either:
(1) the Suisun Marsh Preservation Act and the Suisun Marsh Protection Plan; or (2) the Suisun Marsh Local Protection
Program. Please explain how the project is consistent with one or more of these purposes.
■ If tfie flll is to be usec! for improving shorelfne appearance or providing new publlc access to the 8ay, please explain why it is
physicalry impossible or economically infeasible tn aaanplish ttiese goals w+thou[ fiUinq the Bay.
■ Please explain how the fill will result in a stable and permanent shor�line.
• Please explain the steps that will be taken to assure that the project wilf provide reasonable protection to persons
and property against hazar�is of unstable geologlc or soil conditions or of flood or storm waters.
■ Please provide the names, addresses, and telephone numbers of any licensed geologists, engineers, or architects
involved in tl�e project design who can provide technical information and certify to the safety of the project.
Page 17
For the most recent version of the form in Microsoft Word, visit http:/Iaraa.abag.ca.aov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
.�
:. : : . �
eox is cvnrinu�o
■ Please explain:
1. What possible effects the proposed fill would have on the Bay Area, such as (1) any impact on tf�e volume of
Bay waters, on Bay surface area, or on the circulation of Bay water, (2) any impact on water quality; (3) any
impdct on the fertility of marshes or fish and wildlife r�souroes; and (4) any impact on other physiql conditlons
tfiat exist within the ar-ea which would be affected by a proposed project, induding land, air, water, minerals,
flora, fauna, noise, or objects of his�ric or aestfiet�c significance; and
2. How the nature, location, and extent of tfie proposed filt would minimize any possible harmful conditions or
effects.
■ Please explain how the public benefits of the project would exceed the public detriment from the loss of water or
marshlands.
+ For marina projects, pi�se indicate how many berths, if any, are to be made avaitable far live-aboard boats and
explain how these live-aboard boats will contribute to public trust purposes.
• Please identify any other specific policies of the McAteer-Petris Act (Califomia Govemment Code Title 7.2, especially
Section 66605), the Suisun Marsh Preservation Act (Califomia Public Resources Code Sections 29000-29612), the San
Francisco Bay Plan and the Suisun Marsh Preservation Plan, and BCDCs regulations regarding minor fill for improving
public aaess and shorefine appearance, tl�at are relevant to and offer support for the project and explain how the
project Is oonslstent with ti�ese poficies.
Shoreline Band Information - 5horeline band means the (and area lying between the bay shoreline and a tine
drawn parallel to and 100 feet from the bay shoreline. ihe bay shoreline is the mean high water line, or flve feet
above mean sea level in marshlartds,
• Types of activities to be undertaken or materiafs to be placed within the shoreline band
• Will the project be located witfiin a wateroriented priority use area that is designated in the San Fran�isco Bay PIan7
QYes QNo If "yes", please attach an explanation of how Hie project ran be approved despite this
inconsistency. If no, complete ttte questfons below;
. Total shoreline band area within project site: sq feet
• Area within shoreline band to be reserved for non-public uses: sq feet
. Area wi�in shoreline band to be res�ved for public aocess: sq feet
• Informatlon about the shoreline work to be provided in an attachment:
■ Please describe the area, in square feet, to be covered by structures; used for roads; used for parking; used
for pathways and sidewalks; covered w{th landscaping; used for shoreline protec6on; and used for other
purpases (specify uses).
■ Please identify the totaf number of parking spaces in the project and within the shoreline band.
• Please provide dim�sians of portions of all structures to be buiit within the stroreline band, inciuding
fength, width, area, height, and numb� af stories. .
Environmental Impact Documentation
• Is the project statutorily exempt from the need for environmental documentation7 Q Y�s ❑No If "yes", please
attach a statement supporting this e�cemption.
• Is the project categorically eacempt from tf�e need for environmentai documentation? ❑ Yes ❑No If "yes ;
please attach a statement supporting this exemption.
• Has a govemment agency other than the lead agency certified a"negative declaration" on �e project? �Yes
❑ No If'�es", please attach a copy of ti�e certified negative declaration. If "no", pfease provide sufficient
informaUon to allow agencies to make the necessary findings reyarding all appllcable policies,
Has a govemment agency other than the fead agency, certified an environmental impact document on tfie project? ❑
Yes ❑ No If "yes", please attach copies of the certification and the document. also, please provide a summary of
�e document if it is longer than 10 pages. If "no", please provide sufficient information to allow agencfes to make the
necessary findings regarding all applicabfe policies. the certified document must be submitted prior to action on tf�e
Page 18
For the most racent version of the form in Miaosoft Word, visit httvJfiama.abao.ca.aov. Or contad Jennifer Krebs, 510-622-2315.
Version 1106
:. : : .«
esux
Public Access Information
• Does public acoess to tt�e shoreline or views to the bay prese�tly exist on tf�e site of a property contiguous to the
project? Q Yes ❑ No
If'y�es ; please attach a description of the public aocess, If "no ; explain what is preventing public access to the
shareline.
• Will the project blodc: public views of the bay or adversely impact present or future public access to the shoreline?
❑Yes ❑No
Please describe why the project will or will not affect public views or public a� to the shoreline. For mast large
projects, identlfy: (1) the existing number of people or employees using the site; and (2) tl�e ezisting number of cars,
bicycles, and pedestrians visiting the site and the level of service of all nearby roads leading to the site. Please desa-ibe
how the project will change these factors, Ple�e desuibe the impact the project is expected to have on the existing
use of the site and on e�dsting public views or physicaf public aocess at the site. Please describe the impad the project
is e�cpedted to have on the pubtic's use of e�dsbng nearby parks, public a�ess, public parking and other recreational
areas on khe shoreline and tf�e roads leading to the sibe,
• Do public safety oonsiderabons or significant use conFlicts make it infeasible to pmvide new public access to the
shoreline on the project siEe? � Yes �(Vo
If "yes ; please attach a description of the public safety consideratlons or signifipnt use conflicts which make it
infeasible to provide public access at the project site and either (1} identify an offsite area where public ao�ess to the
shoreline is to be provided as part of the project and describe the proposed public access at a specified offsite locatlon,
or (2) prrnide an e�lanation as to why no offsite public access is proposeci as part of the project.
• Summarize ti�e public acoess to be provlded as part of the tofial project:
• Total amount of public aocess sq feet
• Length of wateifront pubGc access area feet
■ Number of parking spaces for public aooess area
• Area and widtfi reserved for view corridor (s) sq feet
Detailed information about public aocess t�o be provided in an attachment: �lease describe, in square feet, length and
width, when appropriate, tf�e existing and proposed public access areas and improv�nents, including areas used for
dedcs, Piers, pathways, sidewalks, IandscaPing, parking, and other public features. Please describe how the public
access area facilities would be aocessible to handicapped persons. Please desaibe the connections to existing public
streets or offsite public pathways. Speafy how the publ(c access wif! be permanently guaranteed (e.g. dedication, deed
restrictinn_ Ptr_1_
Disclosure Of Campaign Contributions
The following contributions of $250 or more were made hy the applicant or applicani's agent to a.BCDC commissioner or
oommissioner's altemate (n ti�e preceding twelve months bo support the commissioner's or altemate's campaign for
eiection to a local, state or federal office:
Contribution made to' Contribution made by: Date of oontribution:
such contributions have
END OF FORM
Page 19
For the most recent version of the fortn in Microsoft Word, visit htt�:llar�a.abaa.ca.qov Or contact Jennifer Krebs, 510-&22-2315.
Version 1106
♦
United States Department of the Interior
FISH AND WTLllLIFE SERVICE
Sacraniento Fish and Wiidlife Office
2300 Cottage Way, Room W-2605
Sacramento, California 95825-1346
In reply refer to:
81420-2009-P-0418
Ms. 7ane Hicks
Chief, Regulatory Division
(Attn: Ian Liffman)
U.S. Army Corps of Engineers
1455 Market Street, 16�" Floor
San Praxicisco, Califomia 94103-1398
,. �z �009
� _ ;,
SuUject: Endangered Species Consultation on the Proposed BMW Service Center Culvert
Crossing Project in Burlingame, San Mateo County, California (Corps Fiie
Number 2009-000745)
Dear Ms. Hicks;
This is in response to the U.S. Army Corps of Engineers' (Corps) February 24, 2009, letter
requesting consultation with the U.S. Fish and Wildlife Service (Service) on the proposed BMW
Seivice Center cnlvert crossing project (proposed action) in Burlingame, San Mateo County,
Califomia. Your request for consultation was received by this office on March 2, 2009. We do
not concur tivith your detennination that the proposed action is not ]ikely to affect the threatened
California red-legged frog (Rana aurora draytonii). We have detennined that the proposed
action is appropriate to append to the January 26, 1999, Programmatic For»za! Endangered
Species Act Consultation on Issuance of Perrnits under Section 404 of the Clean Water Act or
Authorizations under the Nationwide Permit Program for Projects that tt�Iay flffect the California
red-leggecl frog (Rana aa{rora dravtofiii) (Programmatic Consultation). A copy of the
Programmatic Consuitation is enclosed with this letter. This response is in accordance with the
requirements of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act).
With the Conservation Measures in the Project Description in place, we concur with your
detennination that the proposed action is not likely to adversely affect the endangered San
Francisco garter snake (Thamnophis siYtalis tetratnenia). Therefore, the Service has determined
that the proposed project will result in insignif�cant and discountable effects to this species
because of the conservation measures incorporated into the proposed actian.
This document is based on: (1) your letter dated February 24, 2009, requesting consuItation,
which includes the Biological Resources Assessment dated January 2009; (2) The JARPA/SA,9
lL6.
!`I,l'II h 1VII.q1.11'i;
ST.R V i( R
�
JUL 0 9 2009 �=�`��FO
���.� �����" .�
����������
� _•. � 1
Ms. Jane Hicks
Application received by the Service on February 2, 2009, dated 3anuary 23, 2009; (3) Design
Plans received via electronic mail on Apni121, 2009; (4) Acreage estimates and landscape area
exhibit from Bill Henn at Lea & Braze received via electronic maii on May 7, 2009; (5) emails,
telephone conversations, and a site visit between represezatatives of the Service and the project
proponent's biological consultant; and (6) other information available to the Service.
Consultation History
February Z, 2009:
February 24, 2009
April 1, 2009
Apri121, 2009:
The Service received the JARP,4/SAA Application dated
January 23, 2009.
The Service received the Corps' letier requesting consultation, which
inciuded the Biological Resources Assessmerat.
2
The Service and the project proponent's consultant participated in a site
visit.
The Service received Design Plans via electronic mail from Patrick
Kobernus of Coast Range Ecology.
May 7, 2009: The Service received acreage estimates and a landscape area exhibit
from Bill Henn at L,ea & Braze via electronic mail from Patrick
Kobernus.
May 28, 2009: The Service received Revised Conservation Measures from Patricic
Kobernus via electronic mail.
BIOLOGICAL OPINION
Description of the Proposed Action
The proposed project consists of a modification of a shipping distribution center to a BMW car
service center on a 2.54-acre property (APN 025-262-330) in Burlingame, California. The
property is located at 1625-1633 Adrian Road, on the west side of the Highway 101/ Baysl�ore
Freeway. The site is approximately'/4 miies soutliwest of the San Francisco Airport.
The property was previously used as a shipping distribution center, with offices in a front
bnilding and a warehouse building in back, with parking areas on the sides and rear of the
property. The proposed project is to convert use of the site to a BNI�� automobile service center.
The offices in the fi�ont building will be converted to a customer service center and offices, and
the rear building will be converted to service Uays, warehouse, offices and a]unch room. Parking
areas on the sides of the buildings will be used for customer parking, and the rear parking area
wili be used for employee parking and serviced vehicles.
Ms. Jane Hicks 3
The project will instal] a culvert and construct a road crossing across a drainage cham�el, to
connect the property at 1625-1633 Adrian Road (APN 025-262-330) to additional parking areas
located on a separate property to the southwest. The drainage channel is located on 1616 Rollins
Road, Burlingame, California (APN 025-262-510). Approximately 0.01 acre of the drainage will
be permanently affected by construction of a bridge to provide a road crossing over the charuiel.
The project will enhance the remaining 0.155 acre of ruderal upland habitat by restoring it to a
native riparian floodplain plant community to compensate for the permanent effects of the
drainage. The project will install a storinwater treatment system to remove pollutants from
runoff before entering the channel. Current3y, approximateiy 95% of the runoff on site drains
untreated to the perennial drainage channel (pers. comm. Bi11 Henn, Lee & Braze Engineering).
This storn�water treatment area will be fossil filtered and naturally landscape fiitered by the
vegetated swale. In addition, the stormwater treatment area will be separated from the California
red-legged frog habitat by a chain-link fence and a 4 foot tall frog exclusion fence to prevent
individuals from entering the treatment area, but to allow for maintenance through a gated
portion of the fence. The stormwater treatment aspect of the pxoject will temporarily affect 0.093
acre while work is compieted on the vegetated swale to clean stormwater runoff. The project
will also affect 0.043 acre of ruderal upland vegetation for additional parking on the property.
The applicant will purchase credits equivalent to preserve 0.2 acre of California red-legged frog
habitat at the Ohlone Conservation Bank to compensate for the loss of 0.043 acre of upland
habitat.
The nearest recorded observation of a California red-legged frog was of one aduit frog from
David Road, 0.25 mile southeast ofthe project site in 2001 (P. Kobemus, pers. comm.). This site
is connected to the project site by a semi-vegetated over-ground and underground drainage canal.
The species was aiso detected within a ponded area within the southwestern section of the
Millbrae Avenue/ Highway 101 interchange, approximately 0.5 mile northwest of the project site
(P. Kobernus, pers. comm.).
Additional observations inciude six (6) California red-legged frog Iarvae observed in south
Lomita canal in 1990 approximately 2 miles northwest of the project site (CNDDB, 2008). This
sighting was made within lands owned by San Francisco Airport. Extensive wetland and
adjacent open grassiand habitat for California red-legged frogs and San Francisco garter snakes
exists within airport lands on the west side of 101, opposite the San Francisco airport. This
wetland complex is located approximately 1.5 miles north of the project site, but may be isolated
from the project site by Millbrae Road.
Given the ciose proximity of the project site to reported California red-legged frog occunences,
and the known dispersal range for California red-legged frogs (up to 2 miles), there is potential
for this species to be present on the project site. Specifically, California red-legged frogs have
been reported in the drainage that runs along the southwest edge of the project site, and may use
the drainage and uptand habitat for dispersal and aestivation.
Conservation Measures
Staging areas and access routes to the work area �vill be delineated and inspected
by the Service-approved biologist prior to estabiishment to avoid unnecessary
Ms. Jane Hicks
impacts to listed species and their habitat.
4
2. Exclusion fencing will be erected around the project boundary prior to the onset of
project activities. Fencing will be a minimum of 3 feet in height and buried in the
soil at least b inches deep to inhibit listed species from entering the project area.
3. Once the exclusion fence ts installed, a pre-construction survey will be conduc#ed
to ensure that no listed species are present in the project area.
4. A Service-approved biologist will be onsite during ground-disturbing activities
and will have the authority to halt any action that might result in effects to
California red-legged frogs. The Sen%ice-approved biologist wiil survey the work
site prior to the start of the day's activities. If California red-legged frogs are
found, the Service-approved biologist will ensure that the individual(s) is moved
safely away from the work site before work activities begin. OnIy Service-
approved biologists may participate in activities associated with the capture,
handling, and monitoring of California red-legged frogs. The Service and the
Department of Fish and Game will be notified within one (1) working day if any
listed species are encountered.
5. Before any construction activities begin, worker education and awareness training
will be conducted for all construction crews and contractors that access the site for
any penod of time. Tne education traininj will be conducted prior to starting
worlc on the project and upon the arrival of any new worker. The training will
include a brief review of the California red-legged frog and other appropriate
listed species Iife histories, field identification, habitat requirements, location oi
sensitive areas, possible fines for violations, avoidance measures, and correction
actions if sensitive species are encountered. The program will cover the
mitigation measures, environmental pennits and regulatory compliance
requirements as applicable. In addition, a record of all personnel trained during
the project will be maintained for compliance verification.
6. During project activities, all trash that may attract predators will be properly
contained, removed from the work site aizd disposed of at the end of each working
day. Following construction, aIl trash and construction debris will be permanently
removed from work areas.
7. All practicable erosion control Best Management Practices (BMPs) will be
implemented to minimize the potential of impacts to water quality.
8. No smoking will be pern�itted within vegetated areas.
9. Trash dwnping, firearms, open fires, hunting, and pets will be prohibited.
l0. To compensate for effects to the wetland and upland habitat for the California red-
Ms. Jane Hicks
tegged frog, the project will:
5
a. Restore riparian floodplain vegetation at a 16:1 compensation ratio for a
4.155 acre (6759 square feet) area adjacent to the drainage channel. This
strip of land extends approximately 8-10 feet wide along the width (265
feet) of tlle property, and covers the entire vegetated area in between the
parking lots on the property. Revegetation of the ruderal area on site wili
immediately commence after culvert construction is completed. Invasive
species will be removed from the ruderal area on site, and nativc riparian
floodplain species will be planted, consisting of native grasses such as blue
wild rye (Llymus glauczss) and California oat grass (Danthonia
californica), and native shrabs such as arroyo willow (Salix lasiolepis),
coyote brush (Baccharis pilularis), California coffeeberry (Rhanznus
californzca) and hairy gum plant (Grindelia hirsutula). The site will be
managed for weeds and replacement plantulg will be conducted as
necessary. Weeds wili be suppressed for the first year tlirough mowing,
hand control and placement of mulch around the plantings, and tl�e site
will be irrigated with temporary drip irrigation for the first year. The site
will be managed for five (5) years, with annuai monitoring reports
submitted to the Army Corgs of Engineers, Service, State Regional Water
Quality Control Board, Department of Fish and Game, and the City of
Burlingame.
b. Install a stormw�ater treatment system on site to treat stormwater pollutants
prior to entering the drainage ditch. Existing untreated runoff from the site
currently drains directly into the drainage ditch.
c. Purchase credits equivalent to preserve 0.2 acre of California red-legged
frog habitat at Ohlone Preserve Conservation Bank
1 l. To avoid effects to nesting birds within the project area, including the saltmarsh
common yellowthroat (Geotlzlypis trichas sinuosa), preconstruction suiveys for
nesting birds will be conducted prior to construction Uetween February 15 and
August 31. If active nests are found, and project activities could potet�tially
impact nests, the US Fish and Wildlife Service Migratory Bird Treaty Office and
the Department of Fish and Game will be consulted for guidance and all necessary
permits wikl be ubtained.
12. Construction activities will occur only during the dry season. The dry season is
defined as June 1 to October 31.
13. Maintenance of construction equipment within 65 feet of the drainage location
will be prohibited.
14. Areas of bare soil will be reseeded, planted, or otherwise stabilized with erosion
Ms. Jane Hicks
control as soon as possible after work has ceased. The plantings will be
monitored and maintained for five (5) years. At the end of the five-year period,
tree and shrub survival will be at least eighty (SO) percent.
15. Storage of any hazardous n�aterials will be prohibited withan 65 feet of wetlands
or other waters.
16. I`To invasive nonnative plants, as listed by the California lnvasive Plant Council
on-Iine database {Cal-IPC 2008), will be planted on the property or within the
adjacent drainage feature.
17. All vehicle parking will be restricted to existing roads. Necessary vehicles
belonging to the Service-approved biologist and construction supervisors will be
parked at the nearest point on existing access roads.
G
18. Tightly woven fiber netting or similar material wiil be used for erosion control or
other purposes at the project site to ensure that the red-legged frogs do not Uecome
entangled in the mesh. Coconut coir matting is an acce�table erosion controi
material. No plastic mono-filament matting will be used for erosion control.
19. To prevent inadvertent entrapment of listed species all excavated, steep-wailed
1-�oles or trenches will be covered at the end of each working day with plywood or
similar materials. If this is not possible, one or mare escape rainps constructed of
earth ftll or wooden planlcs will be established in the hole. Before such holes or
trenches are filled, they will be thoroughly inspected for any animals. If at any
time a listed species is found trapped or injured in these holes, work shall cease
until the Setvice is contacted for fi�rther guidance.
Programmatic Consultation Requirements
The Service has deteimined that it is appropnate to append this proposed action to its
January 26, 1999, Programmatic Consultation, and this letter represents the Service's biological
opinion on the effects of the action. Minimization of effects for proposed actions appended"to
the Programmatic Consultation involves the implementation of the reasonable and prudent
measur�s described in the programmatic biological opinion.
Effects of the Proposed Action
Injury cr mortality to subadult or adult California red-legged frogs may result from being crushed
by earth moving equipment, construction debris, and worker foot traffic. Tn addition, work
activities, inciuding noise and vibration, inay harass frogs by causing them to Ieave the work
area. Trash left during or after the projeet activities coutd attract predators to work site, which
could, in turn, harass or prey on the frog. Accidenta] spills of l�azardous matenals or careless
fueling or oiling of vehicles or equipir�ent could degrade water quality or upland habitat and
affect the California red-legged frog. Various conservation measures such as exclusion fencing
Ms. Jane Hicks �
around the work area, surveying the project site for frogs prior to construction, worlcer training on
the biological resources at the site, removing trash at the end of each work day, working during
the dry season, and maintaining and storing equipment away from wetlands and other waters may
minimlze the effects in the forin of harm, harassment, injury, and mortality to the California red-
leggeci frog.
The proposed action will result in the pei7nanent loss of approximately 0.053 acre of aquatic and
upland dispersai habitat for the California red-legged frog. The Corps shall ensure that the
project proponent implements the minimization measures identified in the programmatic
biological opinion in addition to the Conservation Measures proposed above.
INCIDENTAi� TAKE STATENIENT
Section 9(a)(1) of the Act and Federal reb lations piirsuant to section 4(d) of the Act prohibit the
take of endangered and threatened species without special exemption. Take is defined as harass,
harm, ptrrsue, hunt, shoot, wound, ltill, trap, capture or collect, or atteinpt to engage in any such
conduct. Harm is further defined by the Service to include significant habitat modification or
degradation that results in death or injury to ]isted species by significantly impairing behavioral
patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as actions
that create the likelihood of injury to a listed species by amloying it to sucl� an extent as to
significantly disrupt normal behavzor patterns which inciude, but are not limited to, breeding,
feeding; or shelterin�. I�Zcidental take is defined as talce that is incidental to, and not tlae purpose
of, the carrying out of an oYherwise lawfiil activity. Under the terms of section 7(b)(4) and
section 7(0)(2), tal<ing that is incidental to and not infended as part of the age��cy action is not
considered to be prohibited taking under the Act provided that such taking is in cotnpliance with
this Incidental Take Statement. The measures described below are non-discretionary, and must
be implemented by the applicant so that they become binding conditions of any grant or permit
issued to the applicant, as appropriate, in order for the exemption in section 7(0)(2) to apply. The
applicant has a continuing duty to regulate the activity covered by this incidental take statement
for the Service. If the applicant (1) fails to adhere to the tecros and conditions of the incidental
take statement through enforceable terms that are added to ihe permit or grant documeut, and/or
(2) fails to retain oversight to ensure compliance with these terms and conditions, the protective
coverage of section 7(0)(2) may lapse.
Amount or Extent of Take
T�e Service anticipates that incidental take of the Califomia red-legged frog witl Ue difficult to
detect because of its life history. Specifically, California red-legged frogs are difficult to locate
due fo their cryptic appearance and behavior; they may be located a distance fi-om the breeding
ponds; and the finding of an injured or dead individual is unlikefy because of their relatively
small body size. Losses of California red-legged frogs also may be difficult to quantify due to
seasonal fluctuations in their numbers, random environmental events, changes in water regime at
their breeding ponds, or additional environmental disturbances. Therefore, the Service
anticipates that al] Califomia red-legged frogs anhabiting 0.053 acre comprising the project area
wiil be subject to incidental take in the form of harm and harassment. In addition, the Service
Ms. Jane Hidcs $
anticipates that one (1) California red-legged frog may be subject to incidental take in the fomi of
death or injury. Upon implementation of the Terms and Conditions, these levels of incidental
take associated with the BMW Service Center project in the form of harm, harassment, capture,
injury, and death of the California red-legged frog caused by habitat loss and construction
activities will become exempt from the prohibitions described wider section 9 of the Act.
Effect of the Take
ul the accompanying appendage to the programmatic biological opinion, the Service determined
that the level of anticipated take is not likely to result in jeopardy to the California red-legged
frog_
Terms and Conditions
To be exempt from the prohibitions of section 9 of the Act, the Corps must ensure that the
project proponent complies with the following term and condition, which implements the
reasonable and prudent measure described in the programmatic biological opinion:
The Corps shall ensure the project proponent implements the measures described in the
"Minimization of Adverse Effects" sections from both the programmatic biological opinion and
this inclusion to the programmatic biological opinion.
The following measures are hereby incorporated into this term and condition as requirements of
the proposed action:
1. The applicant must purchase compensation credits from a Service-approved conservation
Uank.
2. All aspects of the proposed action shall be implemented as proposed in the Corps'
Febr«ary 24, 2009, consultation request letter and associated material i�lcluding the Corps
Nationwide permit special conditions.
3. Sightings of any listed or sensitive species shall be reported to the California Natural
Diversity Database of the Califomia Department of Fish and Game. A copy of the
reporting form and a topographic map clearly tnarked with the location the species were
observed also should be provided to the Service.
4. The Service shall be notified within one (1) working day of the fnding of any dead listed
species or any unanticipated take of the California red-legged frog. The Service contacts
are Chris Nagano, Division Chief of the Endangered Species Program, at (916) 414-6b00
and Dan Crum, Resident Agent-in-Charge of the Service's Law Enforcement Division at
(916) 414-6660.
The Service is tracking losses of habitat permitted under the Programmatic Consultation in each
county under the jurisdiction of the Sacramento Fish and Wildlife Office and within the range of
Ms. Jane Hicks
the California red-legged frog. The Service will evaluate the effectiveness of the Programmatic
Consultation at least every year to ensure that continued implementation will not result in
unacceptable effects to the ecosystem upon which the listed species depends.
9
As provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary
Federal agency involvement or control over the action has been maintained (or is authorized by
law) and if: (1) the amount or extent of incidentai take is exceeded; (2) new information reveais
effects of the agency action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; (3) the agency action is subsequently modified in a manner
that causes an effect to the listed species or critical habitat that was not considered in this
opinion; or (4) a new species is listed or critical habitat designated that may be affected by the
action. In instances where the amount or extent of incidental take is zxceeded, any operations
causing such take must cease pending rzinitiation.
If you have any questions regarding this opinio�l on the Proposed BMW Service Center Culvert
Crossing Project in Burlingame, San Mateo County, California, please contact Angela Picco
(angela�icco@fws.gov) at or Ryan Olah (ryan_olah@fws.gov} at (916) 414-6606.
Sincerely,
�9�t,�.cv�� �".�1�0'{i�-�-.
Susan K. Moore
Field Supervisor
Eiiclosure
cc:
Scott Wilson, Dave Johnston, and Suzanne DeLeon, California Department of Fish and Game,
Yountville, Califomia
Patrick Kobernus, San Francisco, Califomia
� ..
-:
�'�-.
..�\iil�,^►,
�� � �r
� ���_����
���
�United States Departmeni of the Ix�terior
� a�sg�vn w�r.nxa� sExxvFc$
E
SA�'o �sa �vn wII.ui.� Or�zc�
3310 gd Cnm3m Ava, Snh� #130
Sacra�mento, C�forala 958�1-6.i40
_ _ � �NTff1tE1 FLSFI APiD R'II.iTLIFE OFFICB '
' ?A43 Yortal� Rnad, Snite B '
. Yaatuna, Catifomis, 93DIC; ,
� �c c�r. c��. . � �
��� � � . , . .
v. s. � � o���, s������z � � .
� ��zs i s�, �m �4sa � . .
Sa�ramenta, Calsfomia 958242971
Calvin Fong, Quef .
" �R.�g�il�ory Branch � '
.. U. S. Amry Coips of �nginecrs, San Francisca Distzid
333 Market stroet, Room 81z
SanFrancisco, Califomis 94105-2197
�tichard Sc�nbeZ, C�ief • .
R�ulatorS' �raach
U. S. Army Cozps ofEagineers, Los Angeles Di.�^tcict
p, O, Box 53271 � I lth F1oor ��
I.os Aageles, Calif�znia 90R53-2325
��► xs, i9v�
Subja� • Pivgrammatic Faanal Faidangcr�i'Specics Act C.onsultation on Issuanc,e
of Pemsits uader S�ction 444 ef t� Cleea Wei�r,Act ar A�oriza�ons
� � • uac�er the N�tionwide Pe�it Progr� for Projects i�t Msy Affect the
C.elifaraia R�d-�egged Fmg .
Deaz Messzs: Cbamp, �ong and 3chubel:
7his dncumr�t tr�nits the biological opinian of t�e U.S. Fuh �od Wildlife Sea�vicx (5arvxce) .
on iss�uce o€pemzits under section 14 {§! 0) of the Rivess ead Harbora Act of 1899 sad
s�etion 404 (§�44} af $ie Fede,ral Warer Politztio,n Contmi .Act� es amended (Clesn Water Act).
_forpraia�Fsthatm�e _affxt�eCalifami��IDgge�.fmg�(Rcna.ara�.��.ayionf�j._This- _
consultaiioa dacumart has bee� prepsred p�a�s�t�mmt to 50 CFR.402 af ovr intaagancy regulations
goveming section 7 of the F�ndaagered Species Act� of I973, es amended (Act). ,
� . �.:�nu:. ��i r,u�� :,- i. .t:� �. �, . . : �� -�•... .�i: � «a.:n
� f.: : 1��1 s�• • 1 ' ��� � ►' � �lI'rw • �' 1��..
: � � :1 :� -�i 1
:!I � :1 l • � .f111■ L 1 : � : � : 1 :it i � 1 t : � VY. :1�� �f : :I/ :11 N �
Messrs. A.rt Champ, Calvin Fong, and Richard Schuii�l
2
San Nlateo ('m part), Sa�a Clan, San.Benito, Saata Gru�a, Moriterey, San Ltais Obispo, Santa
Barbara and Veniura counties; all wetersbeds in Marui and Sonoma couaties thsi dr�ain #oward
San Franciscu Bay; and in coastal draining wateishieds in Marin aad 5ouoma caunties, including
and south af tlie Walker C��ek wadershed. Drainagrs ut the Central Valley and sotrth of �
Transversa Ranges are cxclnded becaus,e the e�ctreme sarity of the Califc�m.ia red-legged frog in�
-- t'hes� areas warranis iadividual consultation in an�+ circumsta.nce where the Carps determines a
groject may affect the species. � �
San Francisco garter snakes �(Thmnnophis sirtalis tetrataenia) and Califamia red-logged frogs
may ccr•occur in westem San Mtttea Cotimty. Due to the rarzty of the San Framcisco gartez snake,
actians tl�a�t would occur in westem San Ma#eo County are excluded from ii�is hiological opinion.
CUNSULTATiON HISTORY
Since listiug of the California red-legged frog. tha 5ervice and the Corps bava aansulted, both
fnrtaatly and infomsstly, on avariely of projects. In some cases, temparary tiisturbanca ofbabitat
and iacidenta]. take of i.ndividuals in the farm of'maztality or harassment occim�ed, but xesulted in
no long-temn adversc impacts ta Califoinia red-legged frogs in the sffected areas. Staff from .
Fish aad Wildlife Service offices determinr.d t}iat.mauy of the same protxtive meas�es,
ineluding the CorPs' ProP�� �Pecial c�ndition's and the Service's tenms and c�nditions, were
very sinzilar from project tt� project. Coasequcntly� bath of the �ish and V1'�1dli�e O�ices witbin
the range of the species collaborated in the prepaz�aiion of this biological �pinioa
AD14�TlON OF T'� BIOLOGICAL OPII�tION
This programmatic cansu�ta#ion wil� be implemented i.n the foIlowing�maaner. The Corps anll
bcgin the consvlting pror,ess by asaking s det�rmination of whcther the aetion und.er
consideration may affeat the CHllr.ffomia red-legged frag, as requirEd by tlie unplementing
reg�ulaflons for sectioa 7 of tbe Act If the Corps dc�termines the pm,jcct is not l�ccly ta'adverseiy
a$'ect iha Califarnia red-legged frag, it wiIl seek the Service's c�oneeuzence m writing puxsuant t�
50 C�'R 40Z.14@)(1), Tf the Corps dctermines the proposed action is likely to advetsely affect
the Califo�ia red-leg,ged frog, t�e Carps vrill next consider �vhet�x' ih� potcntial effects of tht
P'�P�sed ection may be coveretl by this tnological opiaioii. ., ,
If the Scnricc or the Corps detam�ines that � poteniial effecL•s af the proposed action, including
t�z indirect, intr�rel�ai s�rl. intcrdepCndeut effec#s, arc too grea# for the action to be covercd by
this biological opinion, tbe stsndard proviuons for section 7 cansuitafion apply throughout th�
rems.inder of the review proeess. If the Corps find� t�iat the proposed action meets the crzteria f�r
cansideration under this biological og�inion, the Corps shall co� the Service, in writing, for
Service conc�iaenc�, generally wiii�in 30 days, witi� the Corps' determ?na�on. At this time, tbe
Corps Shail provide to the Servicc tho ft�Il�wing informatifln (priaz to authori.�tion):
Messi�s. Art Champ, Calvin Fang, and Ric�d 5chubel
1) a 7'h minute topographic map or a copy of the apgnopriat� topographic map with the na�ne af
the mgp. Such maps shall indicate whgre the projxt site is Ioasbed, restorafion si'kes, and
, p�tentisl frog relocation sites; Z) a writtcn; descziption of the sctivity, incl�ding but not limited to,
construction meti�ods, time of yesr the work wouId oa�r, vegetation restorahoa aad monitorin,g
__ plaas, and frog monitoriag plaa; and 3) aae plan vicw and a miniraum of one typical crass
�ection indicaring water bodies, vegetadinn types; waric areas� macis, restoza�ion sites, and
zefiu3ing aad st�ing a�eas. , ' '
Prajects thst do uot mee2 the suitability criteria may be ap� to this opiaion, ugon Servix
$PPTo� if use of additional m;,,;,,,;�t;on measures su�ciently re3�ice tlie effects a€the action
to be consistent with the intent of ti�is flgiaion. Projects thai do aot ineet the suitability criberia,
such as •individual pe�it �pplic�alions under se�tioa �04 af the CIeaff Water Act or sectioa � � of
tbe Rivers and F3arbors Aat, znay �avic e#ccis an the frog similaz.in nafaue to those dcscn'bed
nader tbe Natiouwide Pe�its below. Tb,e Service sha11 be available for cansvl�iion duriag all
phases of prbject evaluation to assist th� Corps with it� e�cts determination. �
YeaxIy, the Sezvice s�all evaluate the effects of actions that have nccimeci uador this
pro�a#c cansultation to eas� that its con#anued implementation does not resu�t in long»
tam adverse effects to the ecosystems upon which the Califomia red-iegged frag depends. This
opinion may be modified to sddress pmblems with tho pragrammatic process oz excessivo
edverse effccts oa listed species. • .
BIOLOGICAL OPINiON
Desr.ripfion of the Pr'oposed Actian
S'uitcrbiliiy C�iteria
Aetions thet fall under this consn2#a#ion a� proj�:ts thatmay adversely a$cci Califomia red-
]egged frogs tither by take of individuals, or t3�mugh #emgorary dish�ri�ance ar permanent loss of
uplaad, ripaziau, or wettand red-legged fing habitat, or bot1�, but which'nonethelcss do not
contn'bute to a decline in California red-leggcd frags in the affeckd aree (see "Environmental
Baseiiz►e" below). AChOIIS'L�I'�C COi�JS b8S pCIIIllff� AIId }]aVC 11Lid�0IIL fDII�BI CpF1SU�t8il0II
WI�1 �1C �'CTy1CCr � IIIC� t}1CSE CfitCf78 lIlCIU[�C� � 87C IIOt �'� t0: C�t�fl�CC ICtt'O�ilTtgr
xegair and widening of bridges, rePair of bank protec�on, replacement af law-flow stream
erossings with bridgc�, and small=scale�stabilizstion of s�cem slapes.
Projeets tba�t med the suitab�ity eziteiia and may involve some ar aIl of ti�e precedi.ng activities
o�en occur tmdei Natioawide Paanits (NWP). To guide the Corps diaing project evaivation, the,
Scmce has rc,wie�ved thc Nationwide Pcxmits the Corps h$s issued under 33 CFR 3303 (most
receatly dcscn'be� at 61 FR 65874} and has detrm�ined � projects typically autharized und�r
the NWPs listed below (aud amendetl herein) aze likely to meet tbe suitability eriteris descri�ed
Messzs. Art ChamP� Ca�vin F°�g� ��cfia"rd Schubel
• above, provided tl� 1} the additional minimizatian measures pzovided h�rein aro implemented;
2) PTaJ�-� Single and com�lete projects:and not part of larger actions, such as hot�sing
subdivision or golf courso p%jccts: 3��PrajeGt,s wauld nat, in the Sernce's opinion, take place m
areas where populatioms of Califamia red�logged frogs are so isolated thai evw the small cffects
descn'bed below may hava significaxrt i�r►pacts. Wl�eu the NWP progi�a is �orized the
__��s shall evaluate the new pragram and 'zts cansisteney with this biological opinion. Tf zt is
dete�m.in��d that ther� are differences 3n the eff`ects, amount br extent af incide�al. take, new
pesmits that were not considered, or flfher inforxnati�n nat considered tben fhis biological opinion
^�till be rcinitia�ed and amended� as necessary. • .
Nationwide pecmit Activ[ties:
(#3)
��� .
��
(#7}
(#�2}
(#13)
(#14)
(#i�
(�1'�
{#1$)
(#i9)
(#23)
(#�
(#31)
(#32)
(#33)
(#3�
(#38}
j�lfai r.nscn�, �
Scientific Measadn8 Devices.
Stmrey Activifies.
Uu�tfall Sirucb.aes.
Uti]zty Line Discharges• 50 fect in len
Bank Stabilizaii.nn, pzovided that acfivity is less than fiftY i) �'
R.osd Crossin&s. � - �
U.S. Coast Guard Approved Bridges.
Hydropower Proj ects.
I�nor i3i.schazges•
lvrmor Dzetlging. .
Approved Caiegorical Exclusioas
Strucivra� Dischaz�ge5. -
Wetland and Ri�arian Restorati.on and Creation Aciivities.
t�� tin e.nsnrp af Existing F7ood Control Facilities.
Completed Enforcement�.ctions. �
Tcrn�orary Consbn.iction, Access and Dew'aterin�•
gaiergency W.atersheti �'rotextion and Rel�ebilitation- .
Cleanu� bf Hazard�vs and Toxic Waste.
.h�nimization ofAdverse'E,�'�cts
To the ma�.:atian �teat practicable, Izro3ects euthorized imder this biological opinioa shall be
designed and implemented in such a way as to minimize adverse effects to CaIifa�ia red-legged
fra g s or thcir 3�abitat To achicve that purposo, the fdllowing measares sball be taken as a
minim�n:
1. At least 15 days grior to �h.e onset of activities� the appficant or project PmPonent shal2
submit the Dame(s) and creden$als of bialogists who wov]d conduct activities specified
in the follovviug measures. No project activzties shaIl begin wnh3. groponenis have
Messrs. Art C�amp, Calvin Fong, and R.ichard Schtibel�
2.
5
received written a�sproval fror� the Service tbat t3�e biologist(s} is qualified w conduct the
work. � �
A Servicc-appraved biologist sha11 survey thc work site t�ra y�� �� � onset of
activities. If Cali_fomia red-Iegge� frogs, taripolos, or eggs are faund, t$c �pgroved
biolog�st shall contact the Sezvicc to detcrmine if moviag any �f these li�'e-stages is
approPriate- In mal�g t�is aeteiminaiion the Strvice sball caasider if aa ePP��P�
relocation site �c�sts. If tbe Sesvice approvas moving animais, fhe approved biologist
shaIl'b� allo�vecl 5ufficieni time to mov� California rai legged frogs from th� work �ite
befor� work activities begin. Only 3en�ice-app�oved biologisis shall gaztici,pate in
activities assoEiated with thz caPi�c►1�nd]inS. and monitoring of Califomia red-Iegged
ixvgs. , _ ' '
3. � ficfare any eonstructi�n e�ti�viiies begin on a grojcct, a Servico-s�prov�d biolagist sl�all
conauct a trainiag sessioa for all canstmction perso�eL A.t a mininman, the �aining
s�all incluti� a descriptioa of ihe Califoinia red-legged frog and,its habitat, the
importauce of tbe Caiifamia rcd-legged frog aad 'xis habita� the gcneral taeasures that are
being implemented to �conserve tbe Cs�tifarnia red-1egg�d frog as they rela#e to the proj ect,
aad the boundaries within w3uch the proja:t mtty be sccomplishad. Brochures, books aad
briefwgs may be used in the training session, pmvided ti�at a qua�ified person is on head
to ansater aLry quesaons, •
4. A Servic�a�proved biologist shaIl be greseat e# the work site tmtil sv,ch time as all
re�noval of Califomis r�d-legged frogs, ms�uetioa of workers, and habitttt dis�rbance
have been eompl�ted. After i�is t'vme, the coabcadar oz permittee shall dcsignate a persan
20 IIlOnitpl OII-SItC COID.P�152]Ct WI�1 RI] minimi�atinII mC35�T�, '�C S`fSy1CC-8�70VCd
. '� biologist shall ensvre tbai thia individuel re�eives training ou#Iined above in measure 3
and in tho ideati�cation of Catifamia rcd-leggedfrogs. The monitor end tht Service-
epproved biologist shall have f�c at�arity td hait any ection that mig$t result in impa�ts
' tt�at exceed the levels antieipated by the Corps and Service d�.ng rcview of the proposed
ection. If worlc is stopped, the Cozps and Service ahall be notified immediate2y by the
5e�vir.�a�pmved biologist or oa-site biological manitar.
S. DuriaB Pro.)ect activities, all trash thai may attract pa�edatoxs shail be propexly contained,
remaved from fihe wo� site and dispo5ed o#'regularly, Following constivciion, sll �ash
and cons�trvctiou deb�is�shall be removed from wa�k areas. '
6.- � All fueling-aad-maiute�ce of velucles and other a�uiguient and�ugareas-shsli- -
occnr �t least 20 meters frorn any iiparisa habitat or water body. The Corps and germzi%e
shali ensure co,u�nii�ation ofhabitat does ncrt occ�u dvring such opeiations.'Priar to the
onset of work, .the Corps sbail ensure tbat the permittee has prcpared a p�an to allow a
P�At and effec�iv� r�sponse to ariy.acccyidental spills. All workers sbaI.l be informed of
M�, Art Champ, Calvin Fong, asid Ric�iara Schubel
0
the imgortance of preventing:s�sills and of tbe appmpriare mr,asures to take should a spill
occur. � .
7. A Sezvice�-s��ved biologist shall ensure t�at i� spread or inlroductinn of invasive �
exotic plaut spe�ies shall be avoided to the maxinzum exte�rt Possbla. Wilen practicabie,
--: invesive exotic plants in tht praject areas shall be removed.
8. Project sites shall bc revegetated with an erpprapriste assemblago of native riparian
wetland and ttplancl vegetation suitable fpr tbe e�ea. A species list and zestoration a�ad
" monitoring plan shall be included vviih the project propossl fnr review and spproval by
fhe Sesvice anc� the Corps. Such a plan naust include, but not be limited to, location of the
restar�tion, sprcies t° be used, restoxation teck�nic�ues, ti-me of year the work w�ll be done,
9dentifiable success criteiia for com�letion, aad remedial actions�if #he su�cess critezia are
� notachicvc�. . - .
9. Stream eontoura shall be zetarncd to thcir orig�nal conditi.on at the eud of proje�ct
aetivities, tmless consultation with tbe Service has detesmined that it is not beneficaal ta
' tbe species or feasible. � ' ,
10. The nuinber of a.ccess rout�s� number and size of st�n$ areas, an�i the totsl azea of the �
-� activity sball b� limitcd to the minimz�m nccessary to achicve the project goaL Routes
. and boundazies shall be clearly demarcated, and these areas sha31 be outs.de of-ripaziaa
and wetland areas. Whero impaeis occia in these staging areas sad access rou�s,
rostotation shall aecia as iden#�ed in measures 8 and 9 above.
11. VJork activities shail be completed bet�reen April l and Navembes 1. Should the
proponent or agplieant demonsbraie a need to coAduct activities oufside this pezio�i; the
Corps may autbozize snch activities a�t.er obtaining tiie Service's appro'va�.
12. To contml erosion �zinB and a�' Pr�)� �Plemcntat�°n, �.e �P�ant shall implement
besE mena.gement l?Tactices� aa identificd by the appraPTaat� ReSional VJater Qualit�'
Control Board. � ' � .
13. . If a ovazk site is to be temPorarilq devvatered b5' P�P��� �s �� 0°�latety
sczeeried with wire mesh not larger than. five u�illimsters (mm) to psevent Califazaia red-. ..
legged frogs from entering the pumP sYstem. Water shall be relessod or pump�d .
downstream at an appropz�atE raie to mairitain downstreffin flows diuing consl�vcdon.
Upon campleiian of consttvction activitaes, enY 1sem.ers to flow stsall be removed in a
� manner that wonld alIow flow to resum.e with the least distnrbanCe to the subsfrate.
14. A Service-ap�cvved biologist shall p�,a�,cn�1y remove, from vaithin the projcct srea; any
indivichtals of exotic species, such as bui]frogs, crayfish, and centrarchid fishes, to t�e
Messc�. Art Champ, Calviu Fong, and Rici�d Schubel
maximum exte�t possble, 'TJxe permittse shall lzave the responsibi3ity to ensure that their
activities are in compliaace with the Califomie Fish and (3ame Code.
SpecEes Accozuct
-- cri '0 1he. Ca]ifornia r�d-legged frcag is s relafively large aqi�atie frog raaging from 4 to
13 ceatimeters (1 IJ2 to 5 inches) from the tip of tbe snout ta the vent (Stebbins I985�, Fiom
sbove, the frog can appear broa'n, gra�', olive, red or or�ge, a#ien with a pattem of datic flacks ,
ox spots. Tlie back of the frog is bardereci an eit3�er side ��C an o�a p�ominent zidge
(dorsolatetal fol� mm�ing finm the eqe to the tup. The hind legs are well�dtva2oPed with lar8e,
wcbbed feet A ercam, white, ar orange stripe usuaIly extards alotig the upper kp from bencath
the eye to. t�e rear of the j�vv. The unders�des af adnit frngs arc whito, usually with patches of
bzig�rt rcd or orauga on the abdomen and.}iindlegs. The proin area somctimcs exhibits bold black
mo#tling with a�vhite ar yellow backgrozmd. . .
�if��,Y, Califamia red-legged frogs breezl irom November tiuough March; earlier breediag
has been recordai in southern locaiitics (Storer 1925). Ivlalcs.have paired vocal saes and call in
air (Hsyes �ad Krempels 198�. Males appeaz eL breediag �sites from two tn four weelcs befora
femalcs (Storac 1925�. Th�y typicaIly call in'small, mobile groups �f thre� to seven individuals
to eRtrad females {Je,nniags �uxt Hayes 1485�. Females iadivicivally mave toward a mal� or male
, 1i;n6 gronp. Fe�nala Califomia rred-lagged fcogs deposit egg masses on emergeni vegetstian so
that the *►'+g4�a floa# oa the s��e o£the watet (Hsyes endl�yamoto 1984). �g$ masses
conisin ebout 2,040 to 5,000 moderata-sized (20 to 2.8 mm in diamet�; 0.08 to 0.11 inches),
dar3c r�ddish•brown cggs (StorGr 1925; Jennings andHayes 198�. Eggs batch in 6 td I4 days
(Storer 19257. Larvae vndea-go metamoiphosis 3.5 to 7 montl�s af�er hatc�hing (Storer 1925; � �
Wright and Wright 1949, Jennin,gs�aad Hayes �990). �gg predation is infrequea� most mortality
probsbly o�ta�s duriag the tedpole slage (Licht 1974) sithough eggs ar� �vsce�rtible to being .
wasHed away from high sheam flows. 5ci�meider and Nauman (1994) ,r�part t13at 8�e Califomia
red-legged frog eggs lzave a dcfense against p�i�edation which is poss�bly related to the uat�ae of
the egg mass jelly. Schmieder and Na�mmaa (i994) report t3�at Califomia. red-logged frog larvae
are Piighly vulaeiable to fisb: precistion; Iarvae appesc to b� most vnlaezablB to fish. predatian
immediately �after hatchmg whcn the aonfeeding lazva.o en relaiively immobile. Sexual maturity
can be etteinai at tt�o yeazs of ege by males and i�ree yesrs of age iry femglzs (dmnings aad
Hayes 1985); adnits may iive 8�to 10 years (JenaiSngs et a1.1992) atthough tiu average Iife sp�a
is eonsider� tu bC much lower. ' .
_ The dict of CaIifbmia red-laQgal frogs is highly�riable�Tadpoles�obab� eatalBae{Jcnnmgr
et a1.1992}. Hayes and Tennant (1985� fowld invertcbiatrs to be the aaast co�imoa faod item
for adults. Vertebretes such as Pacifie tra frogs and California micx (Pero»ryscus cul�ornicur),
representai over half of the prey mass eate�n by largcr frogs (Haye"s and Tennen21985�. Fcoding
activity probably occurs along S�e shoreline aud ott the su��e of the water. Hayes and �'ez�nant
(148� faund juvenilo frogs to be sctive diumal�y and nactumally, whereas aduit frogs were
�TB�y ao�cw�al• �
Mcssis. Art Champ, Calvia Fang, and Richxrd Schnbel 8.
Habitat. Califomia red-legged frogs hava been found at elevations thai rau�e fzom sea level to
about 1,500 meters (S,Of10 fcet). Th� frog uses a variaty of habitat types, wiiich iach�da vari.nus
_ aquatia systems, ziparian, end uP2and habita#s. The following habitat descriptians are meant to
descn'be the range of habitai types uiiliz�d by Califarn�a red-legged frogs. However, thcre is•
-- �nuch varisfiom in how frQgs use thc envimninent and in many cases frogs inay complete their
entire li�e cycle in �a particala�c azea wittwut using other•compbnents (i.e.; a Pond is s�xit�ble foz
ea�h lifc s�tage and use of uplaad habitet or a riparian. coaidor is nat aecessary). ' Califoznia red-
legged frogs are adagt�d ta surviva ia a vaxiab3e Mec�ter�auean c�mate and s�ve t�mpoxal and
, spetiai changos in habitat quality, the frog's variable Iife history �ables it ta rhan e hahitat use
according to the yea�r to. year conditions and in respons� to adveise cQaditi�ns. �'op�e�
a�ip�ar tn persist where a masaic of i�bitat elemeuts exis�ts, embedded wzthin a mafxix of
dyspersal babifat Hcze, local extinctians may be eoimte�'bal$nc.oci by rccvlonizations af new or
'on co with the notiun that
unne�upied areas of suitahle habitat. T�s u� fer ta�� o on; a colleclian of
California, red-Iegged froBs P�zsist in wliat ecologisis . � P�
su'G-popvlahons that exchange dispers�rs• '
�����tat. Breeding sites of the Califatnia red-legged frog are in aqustic habitats; lxrvae,
juveniles and aduh frogs have been coll�cted 5rom s�ea�ns► creelcs. l�onds, m�s�s, �� Pdn�,
d�p Pools and bacltwat�rs within streams aad creeYs, dime Ponds, lagoons and csiaaries.
Califomi� zed-legged frogs frequenttY br��d in artificiel impaundments such as stnek ponds
gives� the propez u�anaSemeat of hydro-periad, Pond stxu�lure, vagetative cover; and co�trol of _
exotie predatnrs. The importance of upgrian vegetation for this specics is not well understood.
Wtulo frogs successfully brced in streams and riparian systenvs, high SFriaB ttows and cold
temp�es in stxeams of%en cnake these sites risk5' eS8 ��P�le environments. When thiz
vegetation type �is present, frogs sPend cax�sidesabla time ras�ng and feeding in � it is be}ieved
the moisttu� amd camouflsgo pmvided by the ripariha plant community pmvid� Bood. foiaging
m addition to pzo�iding poflls and backv�atex aquatic areas for
habitat and may facilita#e dispersal .
bre�ding. Radio tr•lemetry studios showed that individual Califamia red-Iegged frogs movo.
within. the riparian zone from vegetatad areas ta pools (�. Rathbun, Pexs. camm.):
Breeding asli�lts arc often associatcd with. cicnsc, shrubbY riP�ri� °x ��8� °eget�an end
areas with dtep (5U.7 nieter) s41i or slaw-moving watcr (iiAyes a� Jennings 1988); fize largest
summer dcnsities af Catifornia rcd-legged frogs are assaciatai�with deep-water pools witb. �tcnse
s1�s►ds of ovcrhangiug willow� (�alix.spp.) and an int�ted fiinge of ca�tails (TyPha Ia�folia)
(Jennings 1.988). Howevcr� frogs ot� s�ssfully brecd 'm aztificial ponds with Iittle or no
emezgent vegetation and have been observed in st�am resches that are aot cloak�d i�i nparian
factor influencmg the s�tab�ity of aquatic breeding siies is the general
vege'tedion: An import� . .
lack of iairoducul aquatic pxedators. • .
California red-legged frogs are sensitive to high salinitp. When eggs ate ex�osed to salizuuty
levels greater than 4.5 parts per thousand, 1QD percent mortality occur� and lazvae die when
exposed to salinities greater than 7.0 parts per i�wusaud (Jennings aad Hayes 1990). Nussbaum .
�! al. (1483) s�ate that early red-logged frog (Rcma cz at�►:ot'a) eminYos are tolerant of
Mossrs. Art Champ, Caivin Fong, and Richard Schubel
�
tcmpexatu�es oniy betwxn 9 and 21 xiegrees Ceutigrade (48 and 70 degrees Fahzenheit), and botti
the lower aad trpper lethals ere the most eximma ]�wn for eny North American ranid frog.
DaYa specific to the Califomia red-leggod frog are not svailable.
r�y• �,-_: :�. . . , : � ..
At any ti.me ofthe year, juvenile and adult Ca2ifornia ied-legged frogs me;p move from breeding
sites. They can be encountered living withi�a st�ims at distances cxceeciing tbzee kilameters
(1.8 m�es) fram the breeding site and have beca found up to.3Q meters (100 fect) fivm w�.ter in
adjacent danse ripariaa vege�on for up to 77 days (Ratbbun ¢t a1.1993}. During periods of vvet
wesfher, stxrting with the first zains of fatl, s4me individusts may mak.e� overland e�ccursions
through txplaaci habita�-s. Most of thesa overland movemen#s oceu�r. at nigh� Evidence,from
marked frogs on thc San Sim.con coast of California suggests tbat :&og movements via upland �
habita#s of aboirt one mile ere possible over the course of a wet season and frogs have been
observ�d t� make loug-distancc niovemc� the�t ar� s�aight line, �point to poiui migi�tions rather
t�aa us'r.ug coaidors far moving in betwecn habitats (N. Scott, per� com.1998). bispeTsing frogs
in nordtern Santa Crvz County traveled distances from ane-quarter mile to m�re than two miles
wit�out a�sparent regard ta topogra�hy� vegetation type, or riparian cozridors (J. Butger� in Iitz •.
199 8). The manna' in which Califomia rc&-leggr,�i fmgs use upland habi�ts is aot wcll
uaderstaod; how much time Califarnia rai legB�d f;o&� speud in upls�nct habitats, p�t�ms of use,
and whether there is diffcren.tia! use of uplaads by,juveniles, subadults ax�d adults are being
stvdied. Dispersal disEances ara largely tmknowa and are cansidered to be dependent on habifa#
ava�ability and environmemtal variabilify. , '
Suma�er �a�ta� Califarnia red-legged frogs offien disperso from their breeding bab#at ta farege
and seE]c s�msmer ��abit�t. This could include b�nlders or rocks and organic debris such as
dawned tcees ar logs; industrial debris; and agricuItiaal farita�cs, such as cirairis, watering �.
trougi�s, sprinB boxes, abandoned aheds, or hay: ricks. Califoraia red-legged frogs use sraall
mammal burrows and moist leaf littcr (Jeaaings and Iiayes 1994); incis�d spream channeIs with
poriions �owes aad deeper than 46 ceniimeters (18 iaches) may also.provide babiiat
{61 FR 2�813}, Tbis type of dispersel aad i�abitat use, however, is not abservcd in a11 red leg�ed
frogs aad is'most 1�7cely dependeat oa tha yeat to year vaiiations in climatq and habitat snitability
and vatying requisites ger Iife stage. For the Califomia re.d-legged fr�g, this habitat is pot�atiaIIy .
aIl aquatic and riparian arees withia tbe range -of the sp�eies and includes say Iandscape feattnes
t�at provide cover end moisturo E61 �'R 25813); the disteaces that frags will disperso to reach
summer habitat is not fuIly und�rstood aad is cturartly a topic of stu�y. .
_.. ._ p,�� The historic�l saaga af the Califomia red-legged $ng extendad coa'stally from the �
vicin.ity of Point Reyts Na#ioaal Seashore, Maria Courrty, Califoraia and inland from the vici.nity
� oi Redding, Catifornia so�thward to northwe$tern Baja Califoraia, Mexico {7em�ings.and Hayes
1985, Starer 1925, fiayss and Krempels 298�. The Califomin red-legged frbg has sus�tainai a
70 percent reduction ia its gcogra�hic range as a resutt of sevezai faciors aetuig singIy oz in
combinafion (3eun3ngs et a1.1992). Habitat Ioss and slteration, over-exploiiation, and
Messrs. Art ChamP� Ca�� �'ang, an� ��'a Schubel .
. 1D
introduction of e�cotic predaiors wer@. si�ificant factors in ths species' decline in the eer]y� to
�.id-19a0s. Reservoir con��.pn� �ansion of introduced predators, grazing anc� Prolong�d
a ulations. Oni� a few
drought fragmented �d e�'� � a��e Sierra Nevada foathill p p
drainages aze currently Irnown to su�port California ied-leggeci frogs in the Sie.rra Newada
__�ooihills, comPared w more than 60 hist�ricsl xecords. Sevezal researchers in cmfral Cali£oraia
have noted the decline and eventual disaPP�� of �o� red-legged frog once bullfrogs
(P,u»u caiesbiana) become establisbed at the same site (L. Hun� � Itn�.,�� ��e� 1993 tS. �.
1992; S. Swect, in Iitx,1993). Bultfrogs preY on Ca�o�a red legg
Sweet, in litt.1943) and interfero with tiiciz rcproduction (Jennings and Haycs 2990, 'I'avedt I993,
M.. 7euni�s� fn litt.,1993, R Stebbir�s► in titt., I993}. Becausc of these combined tbreats, tbo
Cali%rnia red-legged frog was listed as.tbreatened on May 23,1996 (61 I+R 25813). :
Enviranmental Baselnue . � .
ed frog are poorly understood- �Although
Tisa m��an;sms for ctecline'of the Califami�.red legg ooLs deeper �ti about
pxesence of Califomia red-legged frogs is co�zelated with st�.twates P
0.5 naetez, riparian shrubbery, and. ��ent veget$iion (7ennings and Hayes 1985}, #here arc
numemus locahans in the hi.storical range of the frog wiaere t3�ese elements are well regresented
y� �n�ia rccl_l�gged fivgs aPPeaT to be absant. The causa of local cxiuP�iaas there�ore
does not sppesr to be restcicted to absol�te loss of aquatia habitai (Shaffer and Fishhs 199�. The
most l�cel�' causes of local e�itparion are thought to bc changes in f�unal co�Positian of aquaiic
i, e. tht introduciion of nan-usiive predators and campetitors; and Iandscape-s �
ecosystems: . sach as dispessal
d'1st�xrbances thai disrupt Califomia red-legged frog FoP�on pxocesses,
colonizatian Subt]e environm�l c1�cs, su�h as tha introduction af can�� or changes
siso play a role in iocal r.xtirPahons. These changes niay also Promote
in water tcmp�� m�3' � and diseases. �
the sgz'ea� �� PT��O�� campetitozs, Parasi ' ,
Tho pmcesses dcsenbed above are known to be hcightened by urbaniz�aSioia. For instance, an
increase in ctrtain native snd noanativa predators snd com�etitQrs accompanies an increase in
o ulaiion; disnaPtiom of dispersal likely results fram an increase in barriers and
the looal human p' P ��, � ��� ��position of wat�i' bodies
sinks; and changes in hydroperiod,�water P� � urban runiafE �
are re�dil�' traced to urigation, �.Y a'� ��P°� . -
�.ffecEs ai the Proposed Actioa . .
Act�vi�ies that would be covored umder this biological opinion sra those that would not causc
�cosyatem-scale changes and, fiherefoze, would L�celY not contn."f�ute ta the decIine of the •
California red-leggui fro8. I7irect iazP�cts tu adnlis, sub-adults� tadpo1cs, and eggs o�thc
Cali.fornia red-legged frog in the foafpiint of praj ects eover�id by this ksiological opznion would
or mortality from being crusi�ed b3± earth moving eq�rilxnent► consiruciion debris,
include injury P and clearly dcmarcating
an:d waikGr £oot t�c, These im aets would ent access routes� an��'� s�� �
the boundaries of the pmj ect areas aad equiPm . the bzecding
ouLside of riparian areas or other wafn' b°��. Avoiding woxk activities �g
Messrs. Art Champ, Calvia Fong, aud Rishaz�d Schubcl
11
soason would reduce adverse impacts, particnlarly to eggs and tadpoles. In adsiition, relocat3ng
inctivic3zial Caiifomia red-legged frogs may farther minimize iajury ar mortaliiy.
The capt�uo and handling of Cali£ornia �d-legged frogs ta mova them from a work siea involves
hara�ment of indivi.duals. Mortality may occur as a result of improper �aadling, containmen{, or
` 1:ransport of individuals or from neleasing them into na.suitable habitat. Improper handling, .
� containment, or�transport of indivic3�als would be reducui or prcveated by nse of a S'ervice-
� approved biolog"ist. Removal of exotic species from a projec# s�te may �sntt in lowex mormfity
to r�sideni Caiifomia red-legge� frogs, t}rerefore aminimizing the ove�a.li e$'ects of the at�tion.
'Work aativities, including naisa and vibration, may ha�ass California red-legged frogs bY causing
them ta Ieave thc.wozk aira. This disturbance may increase the potenbial for pre3ation and '
: desiccation: 2�Snimizing the area disturb�d bY P�J r.et activi�es and coastrainiag activilics to .
. seasoaal limits wonld reduc� tt�e potentiai for dispersal resulting fro�n tha ectian: .�
Tadpole� may bc enirained by pwap iatakas, if such devices are used to dry out work areas.
Screening PumP intakes witli wix�e with no greatcr tlaan fnre.millimete= (mtn} mesh diaraeter
should reciuce thc potential tbat tadpol�s greater than eight weeks old wt3ul d ba eaught ia the
in$ow.
Some potentiai alsa exists foz disturbancc of habitat to cause tFie sgr�ad or estabZishmeizt of non-
native iavasive species, such as giant raed (.�nmdo donax) or sah cedar (Tam� spp.}.
Measures to preveut the sgread or introduetion of these species, suc�i as avoiding axeas with
established nativo vegetation, restaring d.ist�irbed azeas with na�ve species, and post-project
monitoring and control af eacotic species, could reduce or eliminate this effect.
Calif�raia red-legged frogs msy sustain hatassment and mortaIity from predators. If wa#er that is
impoundtd during or after work aetiviiies cre�tes favorablc hebitat for nart-native predators; such
as bullfivgs, crayfish, aad cant�archid fishes, Califamia nd=legged frogs may su��er abaonnally
high rate.s ofpraia#ion. Additioaallyj any time California re�legged frogs � concc�`at�.d in a
small area at imusualIy high densities, aative predatars such� as herons, egre�c, opossnms, aad
IdCCOODS IARj� fe� OII t�leDl OpppILlINStiCB�y. Ttiis 1Dlp&Ct G8I1 bC IIlinimirrrl j� BVOIaIIIg
�an of panded water as a z�esult of project actians tmless appa�ovod by ti�e 3ervicx and/or
pr�dator controL . , .
Trash Ieft duting or ai%r proj eet activiti� could attract predafois to work sites, wbich e�uld, in
t�an, harass or prey on the iisted speeies. For exampl�, raccoons are att�ar,t�d to irash and also
P�S' QPP�t�hmisticalty on the (;ttlifomia red=Iegged fr"og: �This�in�al� impa% can bc —zeduced oi ...
avaided by carefiil cantrol of waste �mdncis at all wark sites.
AccidentaI spills of hazardous materials or careless fe�ling or oiiing of vehicFes or $qtzipment �
could degrade water quality or upland habitat to a deg�ee where tbe Caiifomia red-legged frog is
adveiseiy affected ar killed. The pbtential for this impact to oec� can be reduced by thor�ughly
Messrs. Art Champ, Gatvin Fong, and R.icherd. Schubel
12
infornning warkers of thc importence.of prevanti.ng hazardous maierials from entcring thc
environment, locating staging and fueling areas a minimum o#'ZO moters froan riparian areas or
ott�er war.er bodi�.s, and by. having aa cffec�ve spill response plan in place. -
. Work in live streams or in Soodpiains coiitd cause uausual�y high levels o£�on dovvnstresm.
-- �'his siltation cauId smother eggs of'�►e Ca}.ifornia red-legged frog and alter �he quality of tbe
]�abi�t to the �xtent thai use by i.ndividuals of the spccies is prxluded. Implemeniing best
maaageinent practices and redac�g the area to be distnrbed to the minimum neeessary should
assist in reduci.ng the amoun# of sediment that is washcd downslream as a result af project
a�ti'�itics. .
Under the pYvvisions of this consultahon, same feari�res of the site may tsc pernnanently or
�o�y eltcrad. F�r exa�ple, a. brid$e Teetrafitted for eartt�quake S��cy �y �.v� S��r�y
largez footings after work is eomplcte, ar a small culveat aught create a pool. I�nAr ait�ions
' such as these 1�ceiq do not constitute a cansequentiel loss af habita� ,
- '�'he potcatial exis�ts for uninformcd workers ta intentionally ox unintentionally han3ss, injure,
harm, or kiIl Califomia red-leggcd frogs. Tho potential iar thi.s impact could be grea#lY rcduc�cl
by informing workers of the presen�e and pxatected status of this species and thc measures that
are bcing implemcnted ta protect zt during Project aciivities. . •
'Ihe ongoing effects af thia cansultatian on thc Califomia'rcd-Iegged frog wauld be monitored
t}�rough eanual rcports providai lry the Corps to the Service. These rcpo�ts would enable the
agencies to dctermine how much hebitst has bxu tem�orazilp an.d permaneutly affecteci by tfie
covcre3 actions and hnw many California red-leggui frogs i�ave br,an killed or injta-ed: •
Basod on analysis of data for habitats impacted by tlze Nationwid� Permit Program, the Service
has determined that uplapd, wctland and riparian habitaxs suitable for the California red-�egged
frog will be lost Thc Serviee fotmd t�d for Fiscal years 19.93,1�994, and 199�, 59.37, b0.34, and
56.94 acres of �ds respectively, i�.uding rigarian: habitat, �sverc iost fvr repofing and non-
repOrtuig nationwide peimits tombi�uci within the Carps' Sacrameato m�d Saa Francisco �
Dis�xicts. The range for repordng nationwida per�nits was from ] 1.34 acres to. 44.89 acres far �
fiscal years 1993 to 1997. Acres irapactcd�far aon-reprn�ting naiionw�des was firnn 43.75 acres
to 45.f> acrts for iis�at ycars 1992 tn 199$. 'Ihese iaabitat impacLs represeni tat�l acaes i�pacted
by the Nationwide Pennit Program, and aro not aecessarily all Califamia ied.-legged frog habitat.
The Servicx does not have smniI� data for hahitats impacted by the Nationwide Peami.t Progi�am
zn tlic Los Angcles Dis�trict
Cmm�lattve Effects
Cumulafive offects znclude the effeets of fi�iure 5ta#e, Triiiat, local or pzivaia actions that are
reasonably ceskain to occvr in the action�area considererl in tlus biological �pinian. Futu�
Messrs. Art Cbamp, Calvin Fong, and Ric,�ard Sahubel
Fedcral aciions imrelated to tho pmposed acfia� are not cbnsidcred in this section because t6ey
rec�ire separate consultatian ptusuant ta se�tion 7 of the Act. . • �
13
Nan-Federal activitics expectcd to occur wi:thin the p�ject area consider�d under this bialogical
� apinion include w�ier treatuiet� pntential rcle.asc of toxic substances, water diversions,
-' ;residential and commoreial dcvelapmeat activitY, agnculivral Praat►ces, i,ntentional or
u�tiintenti�nal release �f nahve and non-narive gredatars into water bodies, and grazing on private
snd muuicipal lands. The Service anticipates ttast the effects of these non-Federal activities
would be addressed through sectioa 10(a)(i)(B), pernvts, Habitat coaserva#ion plans t�at ere
required to obtain such pesmits wonld include measures that would minlmize and miti�ate the �
e$ects to the California red-legged frog rosulting from the mon-Fede�ral �activities: Ia addition, the
persiste,nce of the CalifoaYia i�d-ieggtd frog in �the affecteti area would not be a;n,;n;�h� �ry thc
. activities covered under this pro�c consultaliom Therefore, the ci�raulative e�ects of tho
groj ects includcd in this biological opinion, considered toget�ar �with ather non Fcderal actions,
would not app�eciably rcduce the l�ei�ood of survival and recovery of the Califoraia rcd-laggcd
frcg. �. • .
Conclasiom
Afier reviewizig tbe ciurent sta2us of the Galifomia red-legged frog, the'en'vironmental baseline
far tbe area covered by this consultation, the effects ofthe propose8 prajects, and.the ot�mulative
effeets, it is tho Servict's biological apinion that the progosed prajects, es described in this
consultation documeat, are not likely to jeopardize the con2int�ed existence of ihis species.
IIVQDENTAL TAI� STA� -
Section 9 of the Act and �Federal regµtatian pursuant to section �S(c� of the Act proln'bit the take •
' of'endangered and tbreafened sp�cies, respectively� without sp�c9a1 exemption. Take is de�ned
� as �a�ass, h�m, Pursue� hunt, shoot, wound, kill, trap� capture or collectr or to attemp�t t� engage
in any such conduct. Hszass is defined by the �erviee �s an i�ntional or neglige� act br
. omissian which czea2es thc likelihood of injury to a listed species by sIInaying it to s�h an
eitt�nt as to significant�y durupt aomsal behavioraI patterns which inctude, but sre not limited to,
b�ding. fecding� ar s�eltering. Herm is defined by t�e Service t� znclude sigaificant babitat ,
modificaiion oz dcgradation th�t resuita zn death or injtuy to Iisted specics by iinpairmg
tsehavioral pamrns including b�eding, fe�ding, or sheltering. 7neidentat take is defined as take
that is incide�tal to, �d not t�ie giupose a;� the caaying ont of an atherwise lewfi�l activity. .
�.. . uxrder-t�e.teans o�seckitm��@){4) and sec#ion'1{o)(2)� taking "that is iacidcntai to and net- _.__.. .. _
� intended as part of the �gency action is not considered in be proh�bited taking under tha Act .
provided that su�h taking is ia compliance �vith f�is Ineidenial Ta�e Stafemesst.
The reasonable and prutient rneasures described below are nondisctetionery, and m,ust be '
t�ndertaken by the Carps so tbat they become binding canditions� of aay grant or pennit issued to
3dlessr's. Art Chatnp, Calvin Fong, and Rir.hard Schubcl
14
tl�e applicaat, as aPProlmate� far ffie ac�on in section 7(0}(2} ta apply. The Gazps has a
coIItinuing duty to zegulate the activitp covered by this Incidental Taka Statement � If the Carps
(1) fails to xcqu�ire the applicant to adhcre to tbe temis sud conditions of the incidaatal take
statement tl�zough enforceable teans t�t are added to the pcmzrt or grant c�ocume�t, andlox
... _(2) fea]s fo retain oversight to• anscue compli�nce with these terms snd conditions, the prat�cti�e
Eoverago of section 7(0)(2) asaY lapsa ,
Amouait ax Eztent of Take
The Service auticipates the followiag fom�.s of incidcatal take: '
1. Based on historical data about babitat impact� from the Nataonwide Pcrmit to 60 ecres
Servicc anticipates that'up to 60 acres of w� ��Paziaa habitat and up
�. of upland }a�bitst, suitable for the Califoznia red�-leggcd frog, may bc permancntly ar.
tempoxan']..y talcea aanually as a result of implementing �e actions descn"bed in the proj ect
dtsaription. In additian, the Servica auti�ipates 4hat all adults, juva�il�s, �P°�es, and
e�gs of Ca'lifomia red le$ged fro&R associat�d �' �e loss of 6Q �cres of wetland and �
ziparian i�abitat and 60 acres of upland habitat may be taken thzongh mortaIity, harm, or
hazasstnent resulting fxom FroJe� related activities. '�'he 4'uani��ificatioa of ta�ce by
t,Rra�ent, harm., and �rt��5' is di�cult to asc�.a � af the species' sna]1 size
and eqvaii.c habitat. Th�se facturs make it diffici�t to detect whcre Cali%amia red-legged.
frpBs� Particnlarly fadpolas, are and if any have been affected'by an action, Far actions
eovcrai bY this consultstion, som.e baiassmen# and mortaIity could ba d.irectlY observed
from those capiured d�uin.g tr�nslocai�°n effari�. Howevez, mortality from otl�er sources
•would be dif5cult to observe. , . � . .
'I�� observed take may be lowez than the act�al take. However; w'itt► the imPlemeatation of the
.reasanabie and prudent measui'es, the e#ects of the un�bserved take would not cl�ange our
anatysis of effects of thc �ctions covercd by �the biological opipian.
Effect uf thc Trike
It is the opinion afthe Service that tht effects of tho actions ir�c2uded t�nder the auspices af this
fo�ial consuitation aze not lik�lp ta jeapardize tTae continued existence of fhe Califarnia ied-
legged frog. � �
ReasonAble'anci Prndent Meeanres
� The follovving reasonable ead prudent measure is. necessary aad appropria#e to ini.nimize the
impact of take bn ths California red-legged frag: .
Advcrse cffacts ta Califomia zed-2egged frogs and theiz habitat shal). be minimized ta .the
� extent possibJe. _
m
Messrs. Art Charap, Calvin �'ongs � R1C��]AT� SC1211�
Terms and Condition�
�$
� To be' exempt frnm the prolubitions of scction 9 of ti�e .d,ct, the Corps must en.sure that the
perrn.ittees comply with the foliowing teim and condition, which iznptements the reasonable aad
_�rude�t measure descn'bed abovc. � .
To implement t3�e reasoaable and pcuden# mcaseae, th� mcasurrs d�scn'bed in thc
°�nirniration of 1�dverso $ffects" secrian shall be fuJly implcmented. These measures
ara hereby incorporatcd into this te,m� and condition as requiremmts of proposed pro}ects.
Disposiiion of iRjur�d or Dead Specinaens
Upou locati.ng dead or injuret� Califomia red-Iegged frogs, iaitial nolification must be made iu
wri#ing tn tiie appzopriate office of tiu Semce's Divi�ion of Law Eaforcemeut Notificaii on by
bath telephone and writfng aLso musf be raade to ttie appropnate Pish and VJ'ildlife Office:
U.�. Fish and Wildlife Setvicc
Division of Law Enforcement
3310 El Camino Avern�e, Suite 144
Sacramoato, Califomia 95821-6340
U.S. Fish and VJ'�Idlife Scrvicz
Sacramento �'ish ax�d VJ'�ldlife O�ce �
331Q El Camino Avenue, Suite 23Q -
Sacrainenta, Galifomis 4S&21-6340
(91 � 979-272� •
U.S. Fish and Wildlife Service
Division of Law Enfoit�mcnt
1633 Bayshore I�'ighway, Suite 248
Bt�rl'ingame, Califomia 94D10 �
U.S. Fish and Wiidlife Service
I?ivision of Law Enforacment
370 Amapola Avenve, Suite 114 •
Tarrancc, CaIi,fomia 90501
_ .. _ _ . ...I�:S: �ish�aad--V�diifz Service-'— — . . _....._____�_ _ .._.
' Venttus Fish aud WildIife Offiee , . � .
2493 �ort�la Road, S�te B . . .
' Ye�ttu�a, Califomia 93003 ' •
($O5� 64�4-1766 � �
Nlessxs. Art Champ, Calvin Fong; and Richard Schubel
da s of finding the dcad or injia�d animal, The
Notification shall occur within three'wor}ang y oto cayse of deaih, if .
� report shail include the date, timc, location af an carcass, a gh �P� .
lmou'n, a� �Y other pertine� infozane.tion. .
in ured animals xo Prevcnt additional injury. Injured animals maY
C�e shall ba taken in handlia$ �.1 .
�,e zeleaserl to the wild af�er re�eipt of concurrence from ��� ��5� �bfar���
}���g dead spscimeus �o preserve bial.agical materiel � of intact Ca3if'omia red-
analysis. Standard pT�s�'sb°n meth�ds shall be used. The remains lo b artment
legged frogs shall be placed wit}i the Califarnia AcademY of Sci�nc�s He�a gy �.
�Contact: 3ens V'mdum, Collcctions Managei'. Cahfomia Acadcm9 of Sciences Iierpetology
pepartmcat, Golden Gate Perk, SanFxan.cisco, California, 94118, (415) 754-7Q37]. '
�
.�.�. � • ���• �
The Corps shall •require each pezrnittee who makes use of the provisions o S and th�e S�� to
consulta�idn to prepare a complian.ce certification to be file3 with the CoiP wiih the
�fy,� after completion of consfr�etiQn, that the aefian was c�omeP � catian�ha 1 include:
permit conditions. Tha information contained in the comp .
1)
2)
3)
4)
�
the type(s) of action(s) tt�t acaux�d; '
the number of acras affect,�d and habitat typa %•g•� uPland, riparian-);
the li.near f�et df worl� .
how the sitc(s) was restored and a description of the ar� aftcr ti�c complcti.on s�f tbe
action;
wlvch measures w�rre aaployed to prut�ct Califomia zed-legged froF,s,
b7 how #he s's.te(s) was restazad or, if no restbration ocawrred the �ustefic�an foX not
canducbng t�is wor� and, . . �
7? , a description of tbe area after the cQmpletinn of t3�e action. ' .
The Corps sbali Provide tn the Sezvipe annuallY a listing of peimi'ts aut}iorizai �nder this
vidc thss namc af the per�nittee, CorPs av#'�.arizatioa
biological opinion. Such a list shall pro el tracks ead can bc provided
number> and the Iocaiion This is infarmalion the Corps zoutin Y
either as a paper version or elecbronica�ly. The Service and the Corps shall meet at�nuallY to
review this infomiati on as well as infoaaation provided bp Permittees. Tbc Corps may desire t� .
develop a reporting farmat ua caordination with the Secvi�e soon after issnance of this biological
opinion, which can be provided to pe�nittees.
Messrs. Art Ghamp,�Calvin �'oag, and Richard Schubel ' � 17
F�ch compliance ce�tification provided.by the permiitees sHa11 eontaia maps as appzopiiate
indicating the lo�on of all actions, Each report sbaU have a table and photos keqed to t3�e map
� aPP�Pri�. The compIiance certification sball also doetmme�nt the nurnber of Califarnia red-
legged froga tbat were Iuwwn to be taken, sad tho form of take (e.g., barassmen't by moving,
y mortality} duzipg each project's activities. The Semce recogaizes tbat ac�ura.telY 4��8 �
�umtiex of individva�s that may i�ave been taken tnay not be possible; in thrse cases, the rcp�rting
of all observafions. auci relafive numbers wouId pravide useful informati.on. Tbe repart shall also
recommend modi�carions ta fut�ue meascu�s to enhance the protcction of the Califomia r�d-
lagged_frog. . , •
CONSERVATION RECOMIVLENDATIONS
S�cEion 7(axl) of the Act dir�cts Federzl agencies to ut�ize their sutiiorities to further the
pttrposes of the Act by caziying out canservation programs for the bencfit of eadang�red and
threatened species: Consecvation recommendations are d3scretionary agency activities to
rnin,'_m; 7r or avoid adverse e,ffccts of a proposeii action on listed spcxies or critical habifat, to
help iznglement recovary plans, ar to develop. informahon. The ter;ommendations provided here
@o not necesseri2y rcp�resent complete fulfillmcni af the agency's 7(a)(�) rosponsibilitics for this
species. . .
l. . Coordinate with the Service to develop a conservalion strategy for the Cali�f'oruia red- .
kgged frog, iacluding dacumenting past and present Califoruia red-legged frog localities,
threats, and conservatian oppommi$es, �
2. Monitor the staius af the Ca.lifarnia rcd-legged frog in areas of Corgs jurisdictian to
. identify effects of urbanization on the resident Califoraia red-Iegged fivg PoPulation
The Corps shovid assist the Servir� in implemeataiion of recovery a.crians ideriti$ed by
t�e S ervice during and afier preparation of the recovery plaa fnr the California red-legged
frag. �
4. , The Corps, throttgh its Fr,�eral pro,jecFs, s�ould de�+elop and i�plemeat shrate�ies for tho
cnnservatian snd reaovery of the Califomia red-legged frog,
For the Service to be kept infoimed of actions zni ;,n;T*+g �z avoid'mg adverse e$ects or
beaefitting iistai species ar their habztats, the Service requests notificafian af the implemcntation •
of arry_ conservarion recomnzendations: . — . -
Messrs. Art Champ, Calvia Fong, $nci R.ichard Schubel
gEXNiTIATION - CLOSING STATEM%:NT
18
'Ihis concludes form,a�. consultation on the pioject descn'be3 in this biologic�t opinion. As
provided in 50 GFR §�2..16� zeinitiation of formal consuitation is required where di.scre�ionary
--��detai agency involvemcnt or conbrol over the action has been main-tain� (� �ba �� �
ie.w), and if (1) the amount oz eacteat of incidental l� � cal habitat in a mannez or to aa extent
effects of tba agmcY action may affeet listed spec
not considered in this opinion� (3) tY►e agenCY action is subsequentlY raodified in a manner that �
causes ais effect on listed species or criibc.a.11iabitat t1� �°� ��� ��e �o�r�
tq� a ne�y Specios is listcd or critical habitat is dqsignate the Co shall not issue
ins�tances whcre tha amount or cxtent of incidental take is ex ��ons re arding tbis apini°n�
authoriza#ions under thi.s biological opinian.� TfYou bave any q . g
� please contact the a�propriate £eld o�"icc staff mcmber as indicated in Enclosure A.
Sincexely�
r~�l.'WV•'�" � . ��-
r}78IIC �i. �Ot�A
Field Supervisor
�,*entura Fish end Wildlife Office
Enclosure
� ��'
� t/�� ��
r
� ..� � �
� �r ►
� . - � :�
: M : I7 " \ � 1 : 1 •
cc: FWS:PARD(PS), Portland, �RD.G ' .
FWS:HC and ES, Washington, K B�, '
FWS:CFO, Carls�ad, CA iA#a.:
FWS:LE, Sacxamerito> CA (Attn.: 5eniar ltssident Agent S. Pearsan)
FWS:LE, B��amc, CA (Atln.: Special Ageni K. McClauc�
FVJS:L�, Chica, CA iAm�.: Special.Agent J. Meadoza} .,
�WS:LE, Clovi� GA (Atln.: Special ?.ge� F. Kuucir� .
F'W�.LE, Torrance, CA tAtta.: Senior Resident Agent L. Fanington)
DOI:SOI�; SaaFrancisco, CA (A�n-: Solicitor R Kohn Glazer)
EPA:Wetlands, San Francisc,o, CA
CDFG, Re�oas I, 2. and 3 .
FS1tp, Fresno, CA �
�., i
$ulger, J.B. 1998. Wet Season Uispersal and Habita# Use by 7uvenile Califomia �
ied�legged fro� (Rqna aurora draytorst:) in farest aad rangela�ci babitats of thc Sania
Cruz Motmtains. A research p�raposal subrnitt�d to U.S. F'Lsh and Wildlife Servzce. 6 pp.
__ Hayes, M.P, and D.M. K�xempr.ls. 1986. Vocal sac variation among frogs of the genus Rana
� fmm y,,�stem North Amarica, Copcis 1986(4):927-936. .
Hayes, M.P: and M.M. A�'iymnoto. 1984. Biochemicat, bebavioral aad body size differeac�s
betareen Rmpv aurora aurora and R a draytonii. Gopeia 1484{4):1018-1022.
Hayes, MP. a�d M�t. TGnnant. 1985. Diet and feeding behavior of the Californie. recl-legged
frog, Rana a�vora draytonii. (�tanidat). The SouthwestcmNativaiist 30(4):601-605.
.,Fcnnings, Ivi.R 1988. Natural history and decline of native rsnids in California- Pages 61-72 In:
ILF. DeListe, PR Brawn, B..Kau�rsn, aaci B.M. MeC3uriy.(exlitors}. Pxoceedings of the
conference on California he=petology: Soiithwest�cu Herpetolo�rists Society, 5pecial
�'ubiication (4):1-143.
7cnnings, IvI R..� and M.P. Hayes. 1985. Pr�1900 over harvest of Cal.i.fomia red Iegged frogs .
(Rcma aurora. draytoni�: The inducement far bullfrog (.Runr� calesbeiana) zut�oduction.
xerpetologzea4l(Ij:94-103. �
Jenni�gs, M,g., and 2,�.p, Hayes, 1990. Sts�s of ti�e Caiifomia red legg�d frog Rana aurara
rlraytonii in ti�e Pescad�ro Marsh Natural Preserve. Repart PrePared f�' the Catifornia
Departmcnt ofParks aad Recreation, Sacramen#o, GA. 30 pp. +Tablos and.�igures.
Jennings, M.R-. Ivi.P. Hayes. 1994. Aznphibian sud reptilc spe�ies of special concem in Cal.
geport gre�ared fro the Cali� Dept af Fish and Game, inl�nd �isheries Division,l2ancho
Cardova, Cal. 255 pg.
Sr.nnings, lvi-R� M.P. Hayes, �nc1 D.C. H�lland.1992. A petitiQn to the U.S. Fish and Wildlife
Service.to place the Califomia red-legged frag (Rru�a aurora draytoni�j erid,t�,e wcst�an
pond �turtle (Cle»t»rys marmarata) on t� Zist of eadangend and t�reatened wildlife snd
plaats. 2I pp. . ' . .
Licht, i.E.1969. Carnp�tivo br�dinB behavior �nf the red-egged frog (Rcma aurara arvora)
� and the westcra spotted irog (Rana pretiosa pretiosa) m southwestern Britisb Colombia ._ _. .
_ -- •- - --- -- �Canadian3ouQaal�ofZoolc�gy�F7(6�:1287=T299: -,- -----�-. ___ ,
Rati�bwz, G.B., M.R Jennings, T•C3• Mur�he'S', and N.R- Siepcl. 1993. Status and ecologp of
sensitive •aquatic vertehrates in lower San Simeon and Pico Creeks, Saa Luis Obispa
County� CalifornTs. U.S, �'ish an8 Wildlife Se;vice, National Eeology Research Centei,
� San Simaon, CA. Frepazed for th$ Califoznia D�pt of Parks and Rscm�an. 103 pp.
� ,
�, .
m
�
�
�
Mcssts. Art Champ, Calvin Fong, and Ricliard 5chubel
0
2�
Schmieder, RR and RS. Nauman. 1994. Effects of n�n-native aquatic prcdators on
� �Srematem�iphic Cat red�legged frogs (.&n�u aurora draytanit). Univr.rsity of Califomia,
�anta Cnaz I2pp. '
__5'�ebbins, RC. 1985. A field guide tc� w�steru reptiles ffid amPlu"bians. Houghton I►�ffiin
- Campany, Boston, MA, xiv + 336 pp._ � .
5tarer, T.I. 1925. A synopsis o£the ampht'bia of California. University of Califarnia �
� Publications ia 7,00logy 27:1-3�2. •
'i�ved� B. 1993. A�omparative ecology af Rana aurora (Bai�d snd Git�ard) and Rr�no
cc�tesbeiana Shaw at Freshvvater Lagoon, Humboldt� County. Califomia UnpubL MS,
•- Hunaboldt State Univ. 53gp -t- appendix. �� .
Wrip�t, A.H. and A.A- "Wrig�►t 1949. Handboak of frogs and toarlss of the Uruted Statc.s and
Canada. Comstock Publ; G� Compaay, Inc., Ithaca, NY. xii -+- agpendix.
0
�
0
0
a
0
J
� � �
� r•'
Enclosnre A: Jurisdictiohs o#'the �+ish and'QY'ild�fe Servic�'s CaIiforaia Field Of�ces,,with
siaff cuutacis for esch �'ield Qffice.
Field Office '.' • Telephone � Fas � Cantacts
Sacramento Fish and Wsldlifc Offtce 916-979-2752 916-979-2723 � Ken 5aachez
33 i 4 EI Camin,� Avcnue,, Suite 130 ' .
Sacramento, Califomia 95821-6340 ' .
Veatura Fish aad Wildlife O-fftce � $QS-644-2766 805-6443958 Ray Bransfield or
2493 Portola Road, 5uita B Cathy McCahrin
Ventuia, Catifomis 93003 • ' ,
Carlsbad Fish and. VJ'�tdlife Office 760-431-9440 . 760-43 �-9624 Art Aavcnport
2730 Loker Avenue West � . . .
Carlsbad; Califaznia 92008 ' .
0
I,. . . .... . - ' -... . .�_.. . .. ___._ . ... '� . . ...
0
f�' � t
I . + .
Messrs. Ar� Champ, Calvin Fong, and Richard Schubel
�
�
v
0
Jusridic�onal Boundaries of the U.S. Fish and Wildliie vi�ces m t;auzornia
a
qa DEPARTMENT OF THE ARMY
i�i��l� SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS
' � 1455 MARKET STREET
.�/ I SAN FRANCISCO, CALIFORNIA 94103-1398
� �
Regulatory Division (1145b)
JUL 2 0 2009
SUBJEC'T: File Number 2009-000745
Peter Pan Motors, Inc.
Attn: Mr. George Brochick
2695 El Canuno Real Dr.
San Mateo, California 94403
Dear Mr. Brochick:
This letter is in response to your submittal of January 28, 2009, concerning Department of
the Army authorization to conduct the "BMW Service Center Culvert Crossing project," in the
city of Burlingame, San Mateo County, Califomia. The project involves the cot�struction of a
culverted road crossing over an unnamed drainage channel behind a new vehic�e service center in
order to allow the use of an additional parking lot on the other side. The construction of the
culvert will require the placement of one cubic yard of fill below the ordinary �iigh water mark in
the drainage channel, and will permanently impact .O1 acre of Corps jurisdiction. Dewatering and
construction activities in the drainage channel will cause temporary impacts to another .O1 acre
of Corps jurisdiction.
Based on a review of the information you submitted and an inspection of the project site
conducted by Corps personnel on March 3, 2009, your project qualifies for authorization under
Department of the Army Nationwide Permit 14- Linear Transportation Projects (72 Fed. Reg.
11092, March 12, 2007), pursuant to Section 404 of the Clean Water Act (33 tJ.S.C. Section
1344). See Enclosure 1. All work shall be completed in accordance with the plans and drawings
titled "BMW Service Center Culvert Crossing- Burlingame, California," dated January 8, 2008,
in 11 sheets.
The project must be in compliance with the General Conditions cited in Enclosure 2 for this
Nationwide Pemrit authorization to remain valid. Non-compliance with any condition could
result in the suspension, modification or revocation of the authorization for yotir project, thereby
requiring you to obtain an Individual Pernut from the Corps. This Nationwide Permit
authorization does not obviate the need to obtain other State or local approvals required by law.
This authorization will remain valid for two years from the date of this letter unless the
Nationwide Permit is modified, suspended or revoked. If you have commenced work or are
under contract to commence work prior to the suspension, or revocation of the Nationwide
Pernut and the project would not comply with the resulting Nationwide Permit authorization, you
have twelve (12) months from tt�at date to complete the project under the present terms and
conditions of the Nationwide Permit. Upon completion of the project and all associated
-2-
mitigation requirements, you shall sign and return the Certification of Compliance, Enclosure 3,
verifying that you have complied with the terms and conditions of the permit:
This authorization will not be effective until you have obtained a Section 401 water quality
certification from the San Francisco Bay Regional Water Quality Control Board (RWQCB). If
the RWQCB fails to act on a valid request for certification within two (2) months after receipt of
a complete application, the Corps will presume a waiver of water quality certi�ication has been
obtained. You shall submit a copy of the certification to the Corps prior to the �ommencement of
work.
To ensure compliance with this Nationwide Pemrit authorization, the following special
conditions shall be implemented:
This Corps permit does not authorize you to take an endangered speeies. In order to
legally take a listed species, you must have a separate authorization iirider the
Endangered Species Act (ESA) (e.g., an ESA Section 10 permit or a$iological Opinion
(BO) underESA Section 7 with "incidental take" provisions with whieh you must
comply). The attached U.S. Fish and Wildlife Service (FWS) BO dated Jnly 9, 2009,
contains mandatory terms and conditions to implement the reasonatile and prudent
measures that are associated with "incidental take" that is also specified in the BO (see
enclosure 4). Your authorization under this Corps permit is conditia�ial upon your
compliance with all of the mandatory terms and conditions associatec� with incidental
take authorized by the attached BO, whose terms and conditions are incorporated by
reference in this pernut. Failure to comply with the terms and conditions associated
with incidental take of the BO, where a take of the listed species oceurs, would
constitute an unauthorized take and it would also constitute non-corripliance with this
Corps permit. The FWS is the appropriate authority to determine coinpliance with the
terms and conditions of its BO and with the FSA.
2. To the extent feasible, all work within the creek banks below Ordinaiy High Water
shall be conducted between Apri] 15 and October 15 in order to miriitnize adverse
effects on water qualiry. This time period may be extended via written authorization
from the Corps.
3. All staging, maintenance, and storage of construction equipment sh�11 be performed in a
manner to preclude any direct or indirect discharge of fuel, oil, or other petroleum
products into the drainage channel.
4. All trash in the drainage channel within the project area will be removed during
construction. Potentially hazardous materials (such as motor oil con[ainers) will be
properly disposed of.
-3-
Should you have any questions regarding this matter, please contact Ian Liffmann of our
Regulatory Division by phone at (415) 503-6769 or b}� email at ian.liffmannC�tisace.army.mil.
Please address all conespondence to the Regulatory Division and refer to the File Number at the
head of this letter. If you would like to provide comments on our permit review process, please
complete the Customer Survey Form available online at
http:Uper2.nwp.us ace. anny.miUsurvey. html.
a� ���������� , �`��
�
ACiINC� C�ii�,1�C, DIV., SOUTHBR
F�Re M. Hicks
Chief, Regulatory Division
Enclosures
Copy fumished (enclosures):
Coast Range Ecology; Attn: Patrick Kobernus
Copy furnished (without enclosures):
US �WS, Sacramento, CA
CA DFG, Yountville, CA
CA RWQCB, Oakland, CA
CF:
CESPN-R (Rdg File)
CESPN-R (LIFFMANN)
LIF'F'MANN/vm �L
CESPN-R-S
-6769 ��6���
7/15/09
MARTEL�`� \�I��
CESPN-R �"`
JOHNSON.�1s�� �5
CESPN-R-S I� �"'¢
HICKS �
CESPN-R
`�UL 2 0 Z009
Nationwide Permit 14 • Linear Transportation Projects
Activities required for the construction, expansion, modifcation, or improvement of linear transportation projects (e.g.,
roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation
projects in non-tidal waters, the discharge cannot cause the loss of greater than UZ-acre of waters of the United
States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than U3-acre of
waters of the United States. Any stream channel modifcation, including bank stabilization, is limited to the minimum
necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity
of the project. This NWP also authorizes temporary structures, fills, and work necessary to construct the linear
transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize
flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams,
are necessary for construction activities, access flls, or dewatering of construction sites. Temporary fills must consist
of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be
removed in their entirety and the affected areas returned to preconstruction elevations. The areas affected by
temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features
commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train
stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds 1/10 acre; or (2) there
is a discharge in a special aquatic site, including wetlands. (See general condition 27.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining
equipment, may qualify for an exemption under Section 404(� of the Clean Water Act (see 33 CFR 323.4).
Federal Register I Vol. 72, No. 471 Monday, March 12, 2007 / Notices 11191
E�zclosure 2- Nationw�de Perrriit General Conditions
Note: To qualify for NWP authorization,
the prospective permittee must comply with
the following general conditions, as
appropriate, in addition to any regional or
case-spccific conditions imposed by the
division engineer or district engincer.
Prospective permittees should contact the
appropriate Corps distnct oftice to determine
if regional conditions have been imposed on
an NWP. Prospective permittees should also
contact the appropriatz Corps district of}ice
to determine the staws ot Clean Water Act
Section 40l water quality certitication and/
or Coastal Zone Management Act consistency
for an N W P.
1. Navigatrai. (a) No activiry may
cause more than a minimal adverse
effect on navigation.
(b) Any safety lights and signals
prescribed by thc U.S. Coast Guard,
through regulations or othenvise, must
be installed and maintained at the
permittec's cxpcnse on authorized
facilities in navigable waters of the
United States.
(c) The pemiittee understands and
agrees that, if future operations by the
United SCates require the removal,
relocation, or other alteration, of the
structure or work herein authorized, or
if, in the opinion of the Secretary of the
Arnry or his authorized representative,
said structure or work shall cause
unreasonable obstruction to the free
navigation of the navigable waters, the
permittee will be required, upon due
notice from the Corps of Engineers, to
remove, relocate, or alter the strucmral
work or obstructions caused thereby,
without expense to the United States.
No claim shall be made against the
United States on account of any such
rcmoval or alteration.
2. Agimlic Life h4oveme��ts. No
activity may substantially disrupt the
necessary life cycle movements of those
species of aquatic life indigenous to the
waterbody, including those species that
normally migrate through the area,
unless the activity's primary purpom is
to impound water. Culverts placed in
streams must be installed to maintain
low flow conditions.
3. Spa�vni�igA�•eas. Activities in
spawning areas during spawning
seasons must be avoided to the
maximum extent practicable. Activities
that result in the physical destruction
(e.g., through excavation, fill, or
downstream smothering by substantial
turbidity) of an important spa�vning area
are not authorized.
4. Migratory Blyd Breedrng Areas.
Activities in u�aters of the United States
that serve as breeding areas for
migratory birds must be avoided to the
maximum extent practicable.
5. Shellfish Beds. No activity may
occur in areas of concentrated shellfish
populations, unless the activiry is
directly related to a shcllfish harvesting
activity authorized by N WPs 4 and 48.
6. S��itable Material. No activity may
use unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.).
Material used for construction or
discharged must be free from toaic
polluta�ts in toxic amounts (see Section
307 of the Clean Water Act).
7. Woter Supply /ntakes. No activity
may occur in the proximity of a public
water supply intake, except where the
activity is for the repair or improvement of
public water supply intake structures
or adjacent bank stabilization.
8. Adverse EJfec�s From
/mpoundments. If the activity creates an
impoundment of water, adverse effects
to the aquatic system due ro accelerating
the passage of water, and/or restricting
its flow must be minimized to the
maximum extent practicable.
9. Ma��agemeru of Watei� Flotivs. To the
maximum extent practicable, the
preconstruction
course, condition,
capacity, and location of open watcrs
must be maintained for each activity,
including stream channelization and
storm water management activities,
except as provided below. The activity
must be constructed to withstand
expected high flows. The activity must
not restrict or impede the passage of
normal or high flo�vs, unless the
primary purpose of the activity is to
impound water or manage high flows.
The activity may alter the preconstruction
course, condition, capaciCy, and location of
open waters if it benefits the aquatic
em�ironment (e.g., stream restoration or
relocation
activities).
10. Fi(Is Wrthi�� 100-Year F(oodplai��s.
The activity must comply with
applicable FEMA-approved state or
local floodplain management
requirements.
1 1. Equipment. Hcavy equipmcnt
working in wetlands or mudflats must
be placed on mats, or other measures
must be taken to minimize soil
disturbance.
12. Sorl Grosioii and Sedin:ent
Controls. Appropriate soil erosion and
sediment controls must be used and
maintained in effective operating
condition during construction, and all
exposed soil and other fills, as well as
any work below the ordinary high water
mark or high tide line, must be
permanently stabilized at the earliest
practicable date. Pennittccs arc
encouragcd to perfonn work within
waters of the United States during
periods of low-flow or no-flow.
13. Remova/ of Temporary Fil(s.
Temporary fills must be removed in
their entirety and the affected areas
returned to pre-construction elevations.
The affectcd areas must be revegetatcd,
as appropriate.
14. Proper Mai��te�ia�rce. Any
authorized structure or fill shall be
properly maintained, including
maintenance to ensure public safety.
15. Wild a�rd Scenic Rrvers. Na
activity may occur in a component of
the National Wild and Scenic River
System, or in a river officially
designated by Congmss as a"study
river" for possible inclusion in the
system while the river is in an official
study status, unless the appropriate
Fedcral agency with direct management
responsibility for such river, has
determined in writing that the proposed
activity will not adversely affect the
Wild and Scenic River designation or
study status. Infomiation on Wild and
Scenic Rivers may be obtained from the
appropriate Federal land management
agency in the area (e.g., National Park
Service, U.S. Forest Service, Bumau of
Land Management, U.S. Fish and
Wildlife Service).
I6. Trrbul Riglds. No activity or its
operation may impair reserved tribal
rights, including, but not limited to,
reserved water rights and treary fishing
and hunting rights.
17. Endaiigei•ed Species. (a) No
activity is authorized under any N�b'P
which is likely to jeopardize the
continued existence of a threatened or
endangered species or a species
proposcd for such designation, as
identified under the Fedcral Endangered
Species Act (ESA), or which will
destroy or adversely modify the critical
habitat of such species. No activity is
authorized under any NWP which "may
affect" a listed species or critical
habitat, unless Section 7 consultation
addressing thc effects of the proposed
activity has been completed.
(b) Federal agencics should follow
their own procedures for complyine
with the requirements of the ESA.
Federal permittees must provide the
district engineer with the appropriate
documentation to demonstrate
compliance with those requirements.
(c) Non-federal perniittees shall notify
the district engineer if any listed species
or designated critical habitat might be
affected or is in the vicinity of the
project, or if [he project is located in
designated critical habiCat, and shall not
bcgin work on the activiry until notificd
by the district engineer that the
rcquirements of the ESA have been
satisfied and that the activity is
authorized. For activities that might
affect Federally-listed endangered or
threatened species or designated critical
habitat, the pre-construction notification
must include the name(s) of the
cndangered or threatened species that
may be affected by the proposed work
or that utilize the designated critical
habitat that may be affected by the
proposed work. The district engineer
will detennine whether the proposed
activity "may affect" or will have "no
effect" to listed species and designated
critical habitat and will notify the non-
Federal applicant of the Corps'
determination within 45 days of receipt
of a complete pre-construction
notification. In cases �vhere the non-
Federal applicant has identified listed
species or critical habitat that might be
affccted or is in the vicinity ofthe
project, and has so notified the Corps,
the applicant shall not begin work until
the Corps has provided notification the
proposed activities will have "no effect"
on listed species or critical habitat, or
until Section 7 consultation has been
complcted.
(d) As a result offormal or informal
consultation with the FWS or NMFS the
district engineer may add speciesspecific
regional endangered species
conditions to the NWPs.
(e) Authorization of an activity by a
NWP does not authorize the "take" of a
threatened orendangcred species as
defined under the ESA. In the absence
of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion
with "incidental take" provisions, etc.)
from the U.S. FWS or the NMFS, both
lethal and non-lethal "takes" of
protected species are in violation of the
ESA. Information on the location of
threatened and endangered species and
their critical habitat can be obtained
directly from the offices ofthe U.S. FWS
and NMFS or their world wide Web
pages at http://inw�v.jws.govl and
lu�p: //wwx�. noaa.gov/frsheries. h hn!
respectively.
I 8. Hrstoric Properties. (a) In cases
where the district engineer determines
that the activity may affcct properties
listed, or eligible for listing, in the
National Register of Historic Places, the
activity is not authorized, until the
requirements of Section 106 of the
National Historic Prescrvation Act
(NHPA) have been satisfied.
(b) Federal permittees should follow
their own procedures for complying
�vith the requirements of Section ] 06 of
the National Historic Preservation Act.
Federal permittees must provide the
district engineer with the appropriate
documentation to demonstrate
compliancc with thosc requirements.
(c) Non-federal pemiittees must
submit a pre-construction notification to
the district engineer if the authorized
activity may have the potential to cause
effects to any historic properties listed,
determined to be eligible for listing on,
or potentially eligible for listing on the
National Register of Historic Places,
including previously unidentified
properties. For such activities, the
preconstruction
notification must state
which historic properties may be
affected by thc proposed work or
include a vicinity map indicating the
location of the historic properties or the
potential for the presence of historic
properties. Assistance regarding
information on the location of or
potential for the presence of historic
resources can be sought from the State
Historic Preservation Officcr or Tribal
Hisroric Preservation Officer, as
appropriate, and the National Register of
Historic Places (see 33 CFR 330.4(g)).
The district engineer shall make a
reasonable and good faith efforf to carry
out appropriate identification cfforts,
which may include background
research, consultation, oral history
interviews, sample field investigation,
and field survcy. Based on the
information submitted and these efforts,
the district engineer shall determine
whether the proposed activity has the
potential to cause an effect on the
historic propertics. Where the non-
Federal applicant has identified historic
properties which the activity may have
the potential to cause effects and so
notified the Corps, the non-Federal
applicant shall not begin the activity
until notified by the district engineer
either that the activity has no potential
to cause effects or that consultation
under Section l OC of the NHPA has
been completed.
(d) The district engineer �vill notify
the prospective permittee within 45
days of receipt of a complete
preconstruction
notification whether NHPA
Section 10( consultation is required.
Section 106 consultation is not required
when thc Corps dctermines that the
activity does not have the potential to
cause effects on historic properties (see
36 CFR 500.3(a)). If NHPA section 106
consultation is required and will occur,
the district engineer will notify the non-
Federal applicant that he or she cannot
begin work until Section 106
consultation is completed.
(e) Prospective permittees should be
aware that section 1 1 Ok of the NHPA ( I 6
U.S.C. 470h-2(k)) prevents the Corps
from granting a permit or othcr
assistance to an applicant who, with
intent to avoid the requirements of
Section ]06 ofthe NHPA, has
intentionally significantly adversely
affected a historic property to which the
permit would relate, or having legal
power to prevent it, allowed such
significant adverse effect to occur,
unless the Corps, after consultation with
the Advisory Council on Historic
Preservation (ACHP), determines that
circumstancesjustify granting such
assistance despite the adverse effect
created or permitted by the applicant. If
circumstancesjustify granting the
assistance, the Corps is required to
notify the ACHP and provide
documentation specifying the
circumsCances, explaining the degree of
damagc to the integrity of any historic
properties affected, and proposed
mitigation. This documentation must
include any views obtained from the
applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs
on or affects historic properties on tribal
lands or affects properties of interest to
those tribes, and other parties known to
have a legitimate interest in the impacts
to thc permitted activity on historic
properties.
19. Designated Crilicaf Resow�ce
Waters. Critical resource waters indude,
NOAA-designated marine sanctuaries,
National Estuarine Research Reserves,
state natural heritage sites, and
outstanding national resource waters or
other waters officially designated by a
state as having particular environmental
or ecological significance and identified
by the district engineer after notice a�d
opportunity for public comment. The
district engineer may also designate
additional critical resource waters after
notice and opportunity for comment.
(a) Discharges of dredged or fill
material into waters of the United States
are not authorized by NWPs 7, 12, 14,
I6, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44,
49, and 50 for any activity �aithin, or
directly affecting, critical resource
waters, including wetlands adjacent to
such waters.
(b) For N WPs 3, 8, 10, 13, 1�, I 8, 19,
22, 23, 2�, 27, 28, 30, 33, 34, 36, 37, and
38, notification is required in
accordance with general condition 27,
for any activity proposed in the
designated critical resource waters
includin� wetlands adjacent to those
waters. The district engineer may
authorize activities under these N WPs
only after it is determined that the
impacts to the critical resoarce waters
will be no more than minimal.
20. Mitigation. The district engineer
will consider the following factors when
detem�ining appropriate and practicable
mitigation necessary to ensure that
adverse effects on the aquatic
environment are minimal:
(a) The activity mus[ be designed and
constructed to avoid and minimize
adversc effects, both temporary and
permanent, to waters of the United
States to the maximum extent
practicable at the project site (i.e., on
site).
(b) Mitigation in all its forms
(avoiding, minimizing, rectifying,
reducing, or compensating) will be
required to the extent necessary to
ensure that the adverse effccts to the
aquatic environment are minimal.
(c) Compensatory mitigation at a
minimum one-for-one ratio will be
required for all ���etland Iosses that
exceed i �o acre and require preconstruction
notification, unless the
district engineer determines in writing
that some other form of mitigation
would be more environmentally
appropriate and provides a projectspecific
waiver of this requirement. For
wedand losses of i io acre or less that
require pre-construction notification,
the district engineer may determine on
a case-by-case basis that compensatory
mitigation is required to ensure that the
activity results in minimal adverse
effects on the aquatic em�ironment.
Since the likelihood of success is greater
and the impacts to potentially valuable
uplands are reduced, wetland
restoration should be the first
compensatory mitigation option
considered.
(d) For losses of streams or other ope❑
warers that require pre-construction
notification, the district engineer may
require compensatory mitigation, such
as stream restoration, to ensure that the
activity results in minimal adverse
effects on the aquatic environment.
(e) Compensatory mitigation will not
be used to increase the acreage losses
allowed by the acreage limits of the
N WPs. For example, if an NWP has an
acrcage limit of i z acre, it cannot be
used [o authorize any project resulting
in the loss of greater than � z acre of
waters of the United States, even if
compensatory mitigation is provided
that replaces or restores some of the lost
waters. However, compensatory
mitigation can and should be used, as
necessary, to cnsurc that a project
already meeting the established acreage
limits also satisfies the minimal impact
requirement associated with the NWPs.
(� Compensatory mitigation plans for
projects in or ncar streams or other open
waters will normally include a
requirement for the establishment,
maintenance, and legal protection (e.g.,
conservation easements) of riparian
areas next to open waters. In some
cases,riparian areas may be the only
compensatory mitigation rcquired.
Riparian areas should consist oPnative
species. The width of the required
riparian area will address documented
water quality or aquatic haUitat loss
concems. Normally, the riparian arca
will be 25 to 50 feet wide on each sidc
of the stream, but the district engineer
may require slightly wider riparian
areas to address documented water
quality or habitat loss concerns. Where
both wetlands and open waters exist on
the project site, the district engincer will
detemiine the appropriate
compensatory mitigation (e.g., riparian
areas and/or wetlands compensation)
based on what is best for the aquatic
environment on a watershed basis. In
cases where riparian areas arc
determined to be the most appropriate
form of compensatory mitigation, the
district engineer may waive or reduce
the requirement to provide wetland
compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of
mitigation banks, in-lieu fee
arrangements or separate activity specific
compensatory mitigation. In all
cases, thc mitigation provisions will
specify thc party responsible for
accomplishing and/or complying with
the mitigation plan.
(h) Whcre certain functions and
services of waters of the United States
are permanently adverscly affected,
such as thc conversion of a forested or
scrub-shrub wetland to a herbaceous
�vetland in a pernianently maintained
utility line right-of-�vay, mitigation may
be required to reduce the adverse effects
of the project to the minimal level.
21. Water Qualiry. Whcre Statcs and
authorized Tribes, or EPA where
applicable, have not previously ccrtified
compliance of an NWP with CWA
Section 401, individual 401 Water
Quality Certification must be obtained
or waived (sec 33 CFR 330.4(c)). Thc
district engineer or State or Tribe may
require additional water quality
management measures to ensure that the
authorized activity does not result in
more than minimal degradation of water
quality.
22. Coastal Zone Management. In
coastal states where an NWP has not
previously received a state coastal zone
management consistency concurrence,
an individual state coastal zone
management consis[ency concurrence
must be obtained, or a presumption of
concurrence must occur (see 33 CFR
330A(d)). The district engineer or a
State may require additional measures
to ensure that the authorized activity is
consistent with state coastal zone
management requirements.
23. Regronal and Case-B}'-Case
Conditrau. The activity must comply
with any regional conditions that may
have been added by the Division
Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by
the Corps or by the state, Indian Tribe,
or U.S. EPA in its section 401 Water
Qualiry Ce�rtification, or by the state in
its Coastal Zone Management Act
consistency determination.
24. Use ofMu/tiple Natiatwide
Permits. The use of more than one NWP
for a single and complete project is
prohibited, except when the acreage loss
of warers of the United States
authorized by the NWPs docs not
excced the acreage limit of the NWP
with the highest speciFed acreage limit.
For example, if a road crossing over
tidal waters is constructed under NWP
14, �vith associated bank stabilization
authorized by NWP 13, the maximum
acmage loss of waters of the United
States for the total project cannot exceed
ia-acre.
25. Transfer of N'ationrvlde Permit
Verificarions. If the permittee sells the
property associated with a nationwide
permit verification, the permittee may
transfer the nationwide permit
verification to the �ew owner by
submitting a Ietter to Ihe appropriate
Corps dish�ict office to validate the
transfer. A copy of the natiomvide
permit verification must be attached to
the letter, and the letter must contain
the following statement and signature:
"Wben the structures or work
authorized by this nationwide permit
are still in existence at the time the
property is transferred, the terms and
conditions of this nationwide permit,
including any special conditions, will
continue to be binding on the new
owner(s) ofthe property. To validate the
transfer of this nationwide permit and
Ihe associated liabilities associated with
compliance with its tcrms and
conditions, have the transferee sign and
date below."
(Transferee)
(Date)
26. Compliance Certifrcation. Each
pemiittce who rcceived an NWP
��erification from the Corps must submit
a signed certification regarding the
completed work and any required
mitiQation. The certification form must
be forwarded by the Corps with the
NWP verification letter and will
include:
(a) A statement that the authorized
work was done in accordance with the
NWP authorization, including any
general or specific conditions;
(b) A statement that any required
mitigation was completed in accordance
with the permit conditions; and
(c) The signature of the permittee
certifying the completion of the work
and mitigation.
27. Pre-Consb�uction Notafrcotrar. (a)
Timi�rg. Where required by [he temis of
the NWP, the prospective permittee
must notify the district engineer by
submittin� a pre-construction
notification (PCN) as early as possible.
The district engineer must determine if
the PCN is complete within 30 calendar
days of the date of receipt and, as a
general rule, will request additional
information necessary to make the PCN
complete only once. However, if the
prospectivc permittee does not provide
all of the requested information, then
the district engineer will notify the
prospective permittee that the PCN is
still incomplete and the PCN review
process will not commence until all of
the requested information has been
received by the district engineer. The
prospective permittee shall not beein
the activity:
(I) Until notified in writing by the
district engineer that the activity may
proceed under the NWP with any
special conditions imposed by the
district or division engineer; or
(2) If 45 calcndar days have passed
from the district engineer's receipt of
the complete PCN and the prospective
permittee has not received written
notice from the district or division
engineer. However, if the permittee was
required to notify the Corps pursuant to
general condition 17 that listed species
or critical habitat might be affected or in
thc vicinity of the project, or to notify
the Corps pursuant to general condition
l8 that the activity may have the
potential to cause effects to historic
properties, the permittee cannot begin
the activity until receiving writTen
notification from the Corps that is "no
effect" on listed species or "no potential
to cause effects" on hisCoric properties,
or that any consultation required under
Section 7 of the Endangered Species Act
(see 33 CFR 330.4(�) and/or Section 106
of the National Historic Preservation
(see 33 CFR 330.4(g)) is completed.
Also, work cannot begin under NWPs
21, 49, or 50 until the pem�ittee has
received written approval from the
Corps. Ifthc proposed activity requires
a writtcn waiver to excced specified
limits of an N WP, the pennittee cannot
begin the activity until the district
engineer issues the waiver. If the district
or division engineer notifies the
permittee in writing that an individual
permit is required within 45 calendar
days of receipt of a complete PCN, the
permittee cannot begin the activity until
an individual permit has been obtained.
Subsequendy, the permittee's right to
proceed under the NWP may be
modified, suspended, or revoked only in
accordance with the procedure set forth
in 33 CFR 330.5(d)(Z).
(b) Co�ttents of Pre-Consbzectian
Notifrcalion: The PCN must be i❑
writing and include the following
information:
(1) Name, address and telephone
numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed
project; the project's purpose; direct and
indirect advcrse environmental effects
the project would cause; any othcr
NWP(s), regional genera] permit(s), or
individual permit(s) used or intended to
be used to authorize any part of the
proposed project or any related activity.
The description should be sufficiently
detailed to allow the district engineer to
determine that the adverse effects of the
projcct will be minimal and to
determine the need for compensatory
mitigation. Skctches should be provided
when necessary to show that the activity
complies with the terms of the NWP.
(Sketches usually clarify the project and
when provided result in a quicker
decision.);
(4) The PCN must include a
delineation of special �quatic sites and
other waters of the United States on the
project site. Wetland delineations must
be prepared in accordance with the
current method required by the Corps.
The permittee may ask the Corps to
delineate the special aquatic sites and
other waters of the United Sta[es, but
there may be a delay if the Corps does
the delineation, especially if the project
site is large or contains many waters of
the United States. Furthemiore, the 45
day period will not start until the
delineation has been submitted to or
completed by the Corps, where
appropriate;
(5) If the proposed activity will result
in the loss of greater than i io acre of
wedands and a PCN is required, the
prospective permittee must submit a
statement describing how the mitigation
requirement will bc satisfied. As an
alternative, the prospective permittee
may submit a conceptual or detailed
mitigation plan.
(6) If any listed species or designatcd
critical habitat might be affected or is in
the vicinity of the project, or if the
project is Iocated in designated critical
habitat, for non-Federal applicants the
PCN must include the name(s) of those
cndangemd or threatened species that
might be affected by the proposed work
or utilize the designated critical habitat
that may be affected by thc proposed
work. Federal applicants must provide
documentation demonstrating
compliance with the Endangered
Species Act; and
(7) For an activity that may affect a
historic property listed on, determined
to be eligible for listing on, or
potentially eligible for listing on, the
National Register of Historic Places, for
non-Federal applicants the PCN must
state which historic property may be
affected by the proposed work or
include a vicinity map indicating the
location of the historic property. Federal
applicants must provide documentation
demonstrating compliance with Section
106 ofthe National Historic
Preservation Act.
(c) Fa�m ofPre-Co�tshuclion
Notificatio�a: The standard individual
permit application form (Form ENG
4345) may be used, but the completed
application form must clearly indicate
that it is a PCN and must indude all of
the information required in paragraphs
(b)(1) through (7) ofthis general
co�dition. A letter containing the
required infomiation may also be used.
(d) Age�ic}+Coordina[ion: (1) The
district engineer will consider any
comments from Federal and state
agencies concerning the proposed
activity's compliance with the tcrms
and conditions of thc NWPs and the
need for mitigation to reduce the
project's adverse environmental effects
to a minimal level.
(2) For all NWP 48 activities requiring
pre-construction notification and for
other NWP activities requiring
preconstructian
notification to the district
engineer that result in the loss of greater
than i racre of waters of the United
States, the district engineer will
immediately provide (e.g., via facsimile
transmission, ovemight mail, or o[her
expeditious manner) a copy of the PCN
to the appropriate Federal or state
offices (U.S. FWS, state natural resource
or water quality agency, EPA, State
Historic Preservation Officer (SHPO) or
Tribal Historic Preservation Office
(THPO), and, if appropriate, the NMFS).
With the exception of NWP 37, these
agencies will then have 10 calendar
days from the datc the matcrial is
transmitted to telephone or fax the
district engineer notice that they intend
to provide substantive, site-specific
comments. If so con[acted by an agency,
the district engineer will wait an
additional I S calendar days before
makine a decision on the preconstruction
notification. The district
engineer will fully consider agency
commen[s received within the specified
time frame, but will provide no
response to the resource agency, except
as provided below. The district engineer
���ill indicate in the administrative
record associated with each
preconstruction notification that the
resource agencies' concems were
considered. For NWP 37, the emergency
watershed protection and rehabilitation
activity may proceed immediately in
cases where there is an unacceptable
hazard to life or a significant loss of
property or economic hardship will
occur. The district engineer will
consider any commcnts received to
decide whether the N WP 37
authorization should be modified,
suspended, or revoked in accordance
with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective
permittee is not a Federal agency, the
district engineer will provide a response
to NMFS within 30 calendar days of
receipt of any Essential Fish Habitat
conservation recommendations, as
required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery
Conservation and Management Act.
(4) Applicants are encouraged to
provide the Corps multiple copies of
prc-construction notifications to
expedite agency coordination.
(5) For N WP 48 activities that require
reporting, the district engineer will
provide a copy of each report within 10
calendar days of receipt to the
appropriate regional office of the NMFS.
(e) Dish�ict Engineer's Decision: In
reviewing the PCN for the proposed
activity, the district engineer will
determine whether the activity
authorized by the NWP will result in
more than minimal individual or
cumulative adverse environmental
effects or may be contrary ro the public
interest [f the proposed activity requires
a PCN and a�ill result in a loss ofgreater
than � ioacre ofwetlands, the
prospective permittee should submit a
mitigation proposal �a�ith the PCN.
Applicants may also propose
compensatory mitigation for projects
with smaller impacts. The district
engineer will consider any proposed
compensatory mitigation thc applicant
has includcd in the proposal in
deterniining whether the net adverse
environmental effects to the aquatic
environment af the proposed work arc
minimal. The compensatory mitigation
proposal may be either conceptual or
detailed. If the district engineer
determines that the activity complies
with the terms and conditions of the
NVdP and that the adverse effects on the
aquatic environme�t are minimal, after
considering mitigation, the district
engineer will notify the permittee and
include any conditions the district
engineer deems necessary. The district
engineer must approve any
compensatory mitigation proposal
before the pemiittee commences work.
If the prospective permittee elects to
submit a compensatory mitigation plan
with the PCN, the district engineer will
expeditiously review the proposed
compensatory mitigation plan. The
district engineer must review the plan
within 45 calendar days of receiving a
complete PCN and determine whether
the proposed mitigation would ensure
no more than minimal adverse effects
on the aquatic environment. If the net
advcrse effccts of the project on the
aquatic environment (after
consideration of the compensatory
mitigation proposal) are determined by
the district engineer to be minimal, the
district engineer wi11 provide a timely
written response to the applicant. The
response will state that the project can
proceed under the terms and conditions
ofthe NWP.
ff the district engineer determines that
the adverse effects of the proposed �i�ork
are more than minimal, then thc district
engineer will notify the applicant either:
(1) That the project does not qualify for
authorization under the NWP and
instruct the applicant on the procedures
to seck authorization under an
individual pem�it; (2) that the project is
authorized under the NWP subject ro
thc applicant's submission of a
mitigation plan that would reduce the
adverse effects on the aquatic
environment to the minimal level; or (3)
that the project is authorized under the
NWP with specific modifications or
conditions. Where the district engineer
determines that mitigation is required to
cnsure no more [han minimal adverse
effects occur to the aquatic
environment, the activity will be
authorized within the 45-day PCN
period. The authorization will include
the necessary conceptual or specific
mitigation or a requirement that the
applicant submit a mitigation plan that
would reduce the adverse effects on the
aquatic environment to the minimal
level. When mitigation is required, no
work in waters of the United States may
occur until the district engineer has
approved a specific miti�ation plan.
28. Single a�id Complete Project. The
activity must be a single and complete
project. The same NWP cannot be used
more than once for the same single and
complete project.
Enclosure 3
Permittee: George Brochick; Peter Pan Motors, Inc.
File Number: 2009-00074S
Certification of Compliance
for
Nationwide Permit
"I hereby certify that the work authorized by the above referenced File Number and all
required mitigation have been completed in accordance with the terms and conditions of
this Nationwide Permit authorization."
(Permittee)
Return to:
Ian Liffmann
U.S. Army, Corps of Engineers
San Francisco District
Regulatory Division, CESPN-R-S
1455 Market Street
San Francisco, CA 94103-1398
(Date)
�
�
Linda S. Adams
Secrenuyja�
Environmenlal P�rotectraz
California Regional Water Quality Control Board
San Francisco Bay Region
I� I� Clay Sneet, Suite 1400, Oakland. Califomia 94612
(510) G23-2300 • Fax (510) 6?2-24G0
http://www.waterboards.ca. gov/san franciscobay
Date: July 31, 2009
Site Number: 02-07-00634
CIWQS Place ID: 742190
Peter Pan Motors, Inc,
Attn: George Brochick
2695 El Camino Real Dr.
San Mateo, CA 94403
a��d m �'v
� 0 � Z009
� G'Ui�UrdGAR�E
� `-�,
� ��� )
Arnold Schwarzenegger
Governor
SUBJECT: Water Quality Certification for the BMW Service Center Culvert Crossing,
1625-1633 Adrian Road, Burlingame, San Mateo County
Dear Mr. Brochik:
We have reviewed your application and hereby issue conditional water quality certification far
the proposed BMW Service Center Culvert Crossing Project (Project) at 1625 — 1633 Adrian Rd,
in the City of Burlingame (Danville). Peter Pan Motors, Inc, (Applicant) was notified by the U.S.
Army Corps of Engineers (Corps) that the Project qualifies for authorization under Department
of the Am1y Natiomvide Permit 14 — Linear Transportation Projects, pursuant to Section 404 of
the Clean Water Act (33 U.S.C. 1344). Correspondingly, you have applied to the Water Board
for a Clean Water Act Section 401 water quality certification that the Project will not violate
State water quality standards.
Pro j ect:
The proposed project is to convert the site to a BMW service center at 1625-1633 Adrian Road.
The offices in the front building will be converted to a customer service center and offices and
the rear building will be converted to service bays, warehouse offices, and a lunch room. The site
«�ill have customer parking in the front of the site and the back of the site will be parking for
employees and serviced vehicles. The project will construct a concrete box culvert (25 feet long
by 16 feet wide) road crossing across a drainage channel, to connect the property to additional
parking areas located on a separate property to the southwest.
Wetlands on site consist of freshwater emergent wetlands within a drainage channel. The
drainage channel is approximately 17 feet wide, and extends along the southwest boundary of
Califor�zia Environmental Protectior: Agency
�a Reevc(ed Pnper
Peter Pan Motors, Inc. _ Z_ BMW Service Center Culvert
George Brochick Crossing
the property. The wetland is dominated by narrow-leaf cattail (Tj,pha auoarstifolia). The wetland
is confined to the chamlel and is surrounded by industrial and commercial development in
Burlingame.
Impacts: The proposed Project work will result in permanent impacts to approximately 0.009
acres of emergent wetlands in the drainage channel by placement of the concrete box culvert.
Approximately 0.01 acre of wetlands will be temporarily disturbed by the construction activities
in the channel.
Compensatory Mitigation: The 0.01 acres of emergent �vetland vegetation within the channel
that are temporarily impacted during culvert construction will be allowed to revegetate naturally
with cattails. Due to the current dominance of cattails in the drainage and the high rate of spread
of cattails in open wet channels, this is expected to occur within approxinlately 1 year after
construction is completed.
For the permanent impacts to 0.009 acres of wetlands the project will mitigate by restoring
riparian floodplain vegetation to a 0.05 acre area adjacent to the drainage channeL This strip of
land extends approximately 8 to 10 feet wide along the 265 foot width of the property that
currently consists of ruderal vegetation and numerous non-native species. Revegetation of the
ruderal area on site would commence immediately after culvert construction is completed.
Invasive species will be removed from the area, and native ripanan floodplain species will be
planted, consisting of native grasses such as blue wild rye (Elymus glaa�cus) and California oat
grass (Danthoriia californica), and native shrubs such as arroyo willow (Salix lasiolepis), coyote
brush (Bacclra��is pilularis), California coffeeberry (Rhamnus californica), and hairy gum plant
(Grindelia l:irsirtzrla). The site will be managed for weeds and replacement plantings will be
conducted as necessary. Weeds will be suppressed for the first year through mowing, hand
control, and placement of mulch around the plantings. The site would be irrigated with
temporary drip irrigation for the first year. The site will be managed for invasive species and to
insure plant survival for 5 years.
Wetland Tracker System: It has been determined through regional, state, and national studies
that tracking of miYigation/restoration projects must be improved to better assess the performance
of these projects, following monitoring periods that last severa] years. In addition, to effectively
carry out the State's No Net Loss Policy for wetlands, the State needs to closely track both
wetland losses and mitigation/restoration project success. Therefore, we require that the
Department use a standard form to provide Project information related to impacts and
mitigation/restoration measures. An electronic copy of the form and instructions can be
downloadedat:http://�t�t�����.s���rcb.ca.��o�-/sanfranciscoba���`eerts.shtml. Projectinformation
concerning impacts and mitigarionhestoration will be made available at the web link:
http:/iti���4����.���etlancitracher.or�.
Califor�:ia Environmental Protectioii Agency
p�a Recrcled Pnper
Pe[er Pan Motors, Inc.
George Brochick
_ 3 _ QMW ServiceCenterCulveri
Crossing
CEQA Complianee: The revised Initial Study and Mitigated Negative Declaration were
approved by the Burlingame Planning Commission on May 11, 2009. The Notice of
Determinarion was filed with the State Clearinghouse on May 28, 2009.
Certification: I hereby issue an order certifying that with the incorporation of the following
conditions, any discharge from the Applicant's proposed Project descnbed in its application will
comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water
Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementarion
Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent -
Standards") of the Clean Water Act and with other applicable requirements of State law. This
discharge is also regulated under State Water Resources Control Board Order No. 2003 — 0017 —
DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have
Received State Water Quality Certification" which requires compliance with all conditions of
this Water Qualiry Certification. The following conditions are associated with this
certification:
1. The Applicant, and any contractors hired by the Applicant to implement the Project, are
required to comply with this water quality certificarion and documents referenced
herein;
2. The Project shall be constructed as described in the application materials and
summarized herein. Any additional work or variation from the described work which
may result in additional or increased impacts to beneficial uses or waters of the State
(including quantity or quality of water or habitat) is not authorized unless approved in
writing by the Executive Officer prior to implementation;
3. The Applicant and contractors hired by the Applicant shall maintain a copy of this water
quality certification at the Project site at all times;
4. The Applicant shall permit the Board or its authorized representative, upon presentation
of credentials:
a. Entry onto the Project site or the premises in which records are kept.
b. Access to copy any records required to be kept under the terms and conditions
of this action.
c. Sampling of any discharge or surface water covered by this action;
5. No debris, soil, silt, sand, cement, concrete, or washings thereof, or other construction
related materials or wastes, oil or petroleum products or other organic or earthen
material shall be allowed to enter into or be placed where it may be washed by rainfall
or runoff into waters of the State. Upon completion of construction, any excess
material shall be removed from the work area and any areas adjacent to the work area
where such matenal may be washed into waters of the State;
California Er:viror:irrental Protectior: Age�icy
�a Recti'ded Pnper
Pe[er Pan Motors, Inc.
George Brochick
_ Q _ BMW Service CenterCulvert
Crossing
6. Disturbance or removal of vegetation shall be minimized. The site shall be stabilized
through incorporation of appropriate Best Management Practices, including the
successful reestablishment of native vegetation, to enhance wildlife habitat values, and
to prevent and control erosion and sedimentation;
7. Erosion control measures shall be utilized throughout all phases of construction where
sediment runoff from disturbed areas threatens to enter waters of the State. At no time
shall silt-laden runoff be allowed to enter waters of the State;
8. All exposed/disturbed areas within the Project site shall be stabilized. Erosion control
measures such as straw wattles, straw mulch, and hydro-seeding (utilizing a native mix)
shall be used wherever silt-laden water has the potential to leave the Project site and
enter State waters. Erosion control measures shall be monitored dunng and after each
storm event. Modifications, repairs and improvements to erosion control measures shall
be made whenever it is needed;
9. The Applicant will notify Water Board staff when grading and installation of culvert
begins, and the applicant will norify Water Board Staff when wetland mitigation
creation and planting has been completed;
10. Within 60 days after the wetland mitigation creation and planting is completed, the
Applicant shall submit as built plans for the wetland mitigation site and a map
documenting the location of permanent photo monitoring points;
11. The mitigation wetland and riparian plantings shall be monitored annually for success
and replanted as necessary to ensure establishment of vegetation in the wetlands and
along the channel bank. For the seasonal wetland areas after 5 years, the absolute
vegetative cover shall be greater than 85%, relative cover of hydrophytes shall be
greater than 70%. In the ripanan enhancement area, the plant survival shall be greater
than 70% at the end of 5 years and the relative cover of native plants shall be greater
than 70°/o;
12. The mitigation areas shall be monitored and documented with annua] photographs at all
the permanent ]ocations pre-selected in accordance with Condition 10. Results of the
photo-documentation and vegetarion monitoring shall include an interpretation of the
progress and success of the mirigation and submitted to the Water Board no later than
October ls` of each year far a minimum of 5 years and until the success criteria in
Condition 11 are met;
13. The Applicant is required to use the standard Wetland Tracker form to provide Project
information descnbing impacts and mirigation/restorarion measures within 14 days from
the date of this certification. The completed Wetland Tracker form shall be submitted
Ca[ifornia Environmental Protection Agency
�� Recvcled Pnper
Petcr Pan Molors. Inc.
Grorge Brochick�
_ 5 _ BMW ServiceCenterCulvert
Crossing
electronically to ��•etlandn�acker�;ir��� aterbo�rds.ca.�ov, or, shall be submitted as a hard
copy to both: 1) San Francisco Bay Regional Water Quality Control Board (see
letterhead for address), to the attention of Wetland Tracker, and, 2) San Francisco
Estuary Institute, 7770 Pardee Lane, Oakland, CA 94621-1424, to tl�e attention of Mike
May;
14. This certification action is subject to modification or revocation upon administrative or
judicial review, including review and amendment pursuant to Section 13330 of the
California Water Code (CWC) and Section 3867 of Title 23 of the California Code of
Regulations (23 CCR);
15. This certification acrion is not intended and shall not be construed to apply to any
discharge from any activity involving a hydroelectric facility requiring a Federal Energy
Regulatory Commission (FERC) license or an amendment to a FERC license unless the
pertinent certification application was filed pursuant to 23 CCR Subsection 3855(b) and
that application specifically identified that a FERC license or amendment to a FERC
license for a hydroelectric facility was being sought; and,
16. Certification is conditioned upon total payment of the full fee required in State
regulations (23 CCR Section 3833) and owed by the Applicant. The Applicant has
submitted the application fee of $768.00 in full.
Please be advised that any violation of water quality certification conditions is a violation of
State law and subject to administrative civil liability pursuant to California Water Code (CWC)
Section 13350. Failure to respond, inadequate response, late response, or failure to meet any
condition of a certification may subject the Applicant to civil liability imposed by the Water
Board to a maximum of $5,000 per day of violation or � 10 for each gallon of waste discharged in
violarion of this action.
Any requirement for a report made as a condition to this action is a formal requirement pursuant
to CWC Section 13267, and failure or refusal to provide, or falsification of such required report
is subject to civil liability as described in CWC Section 13268.
If you have any questions, please contact Matt Graul by phone at (510) 622-2381, or email at
,ngraulia'���aterbo�rds.ca.��ov.
Sincerely,
�'
���
Bruce Wolfe
Executive Officer
California E�avironmenta! Protection Ageizcy
�a Recl'ded Pnper
Peter Pan Mo[ors, Inc.
Georgc Arochick
_ ( _ BMW ServiceCenterCul��ert
Crossing
CC:
Suzanne Gilmore, Department of Fish and Game, s�ilmore!a">dfg.ca.<�ov
Jane Hicks, Army Corps of Engineers, Jane.M.Hicks a�;usace.army.mil
Cameron Johnson, Army Corps ofEngineers, cameron.l.johnson!ausace.arm��.mil
Ian Liffman, Army Corps of Engineers, ian.liffimani�i usace.armv.mil
Bill Orme, State Water Resources Control Board, S�ateboard401 %n;.��aterboards.ca.eov
David Smith, U.S. EPA, R9-�\'TR8-'�lailbox u e�a.��o�
Califorraia Eizviror:fnental Protectior: Agei:cy
�� Recycled Pnper
COAS'T RANC � �COLOCY
Biological Surveys ' Restoration Planning
Research and Education
San Francisco District
US Army Corps of Engineers
1455 Market Street
San Francisco, CA 94103-1398
=�.'l.r � � 'ii ��
_ 3 �1 L 2Uu:;
January 23, 2009
Re: JARPA application for BMW Service Center Culvert Crossing Project in Burlingame,
Califomia. ,
To Whom It May Concern:
Enclosed is the Joint Aquatic Resource Pernut Application (JARPA) / Streambed Alteration
Agreement (SAA) application for the BMW Service Center Culvert Crossing Project located at
1625-1633 Adrian Road, Burlingame, Califomia. We request the Corps initiate consultation with
the appropriate agencies for this project.
Also enclosed are the supporting documents for this application, including A) the Biological
Resource Assessment for 1625-1633 Adrian Road, Burlingame, California prepared by Coast
Range Ecology, and B) the Civil and Landscape Plans for the project, prepared by Lea and Braze
Engineering. If you have any questions, please feel free to contact me.
Sincerely,
Enclosures:
,o,�����_
Patrick Kobernus
Senior Biologist
JARPA / Streambed Alteration Agreement application for the BMW Service Center Culvert
Crossing Project located at 1625-1633 Adrian Road, Burlingame, Califomia. Prepazed by Coast
Range Ecology.
Biological Resource Assessment for the BMW Service Center Culvert Crossing Project located
at 1625-1633 Adrian Road, Burlingame, California. Prepared by Coast Range Ecology.
Civil and Landscape Plans for the project for the BMW Service Center Culvert Crossing Project
located at 1625-1633 Adrian Road, Burlingame, California. Prepared by Lea and Braze
Engineering, Inc.
1072 Geneva Ave. San Francisco CA 941 12 — www.CRecologv com — Phone: 650-269-3894 — Email: CRecology@gmail.com
y
��
SAN FRANCISCO BAY AREA
JOINT AQUATIC RESOURCE PERMIT APPLICATION
This form is for use in San Francisco, Contra Costa, Alameda Counties, Marin
County (except Estero San Antonio watershed), San Mateo County (except Gazos
Creek Watershed), and the portions of the following counties that drain to San
Francisco Bay: Sonoma, Napa, Solano, Santa Clare
Please consult 7ARPA Instructions before completing the form
Copies of this form are being submitted to the following agencies:
Agency Contact Phone Type of Applicatlon/ Status
A lication Permit #
San Francisco Bay TBD/ Matt Graul 510-622- CWA 401 I� p��
Regional Water Quality zssi certiflcation
Co rol Board RW B
US Army Corps of TBD/ Paula Gill 415-503- Section 404 permit In Prooess
En ' eers CO� 5 6776 Nationwide 13
CA Dept Of Flsh and Suzanne Deleone 831-440- Streambed In Process
Game (DFG) 9433 Afteretion
Agreement
SAA Departrnent, Bay 707-944-
Defta R ion 5520
US Environmental N/A
Pro ion A en EPA
US Fish and Wildlife Michelle Havens 916-414- Sec. 7 consultation In Process
Service FVNS 6600
National Marine NA
Fisheries Service NMFS
❑US Coast Guard ►�
❑ San Francisco Bay ►�+
Conservation and
Development Commission
BCDC
CA Lands Commission NA
�Federal Funding NA
A
City ofBurlingame Ruben Hurin 650- cEQ,a Mitigated In Praess
55 -256 Negative
Declaration
Other Local Agency N/A
Other Local Agency N/A
�'_;� i; `> 2009
Page 1 `
For the most recent version of the form in Microsoft Word, visit http:l�arpa.abaq.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
h
06106/2��8 15:07 41544�2974
Mailing Ac
C
E Ima! d�
�9s'b - 32 36 � Home
�G
I understand t am ba,nd b actlons oF authotlzed a
Signature of proparty owner cept p�blic
This page mu6t ise slgned by ttoa app
coe�sidered cmmptete.
57-. S�.v Fie�4RJcrS cQ � 1� 9`l/ �
yis 9�b-7�90 rE,i � �
t and or the a iinrtt. -
e � larxiawners Daoe
n�
n� D�P� wner and agent i� be
PAGE O1
Page 2
For the most receM vatrJon of tha fixm In Mtcrosoft Word, vistt h�l(aroa abeo Ca aov Or c�ntsc(,lc�nnifet Ktabs, 51Q.622•2315.
VeJsnn 1103
SECTaOFd ONE � TO BE C�M9�LETED BY AtL APPI.ICAWTr
� Bax 3 Namg of praparty pw�(sj, �f pther than app�Fcarot
eox 5 Existing siba conditions: Describe the existing condition of the site, including wetlands, channels,
streams, ponds, seeps and ditches, and other jurisdictional features. Include information on elevations,
vegetation, property use, and structures. Use additional pages if necessary. If any portion of the
proposed activity has already been initiated or completed on this properly, indicabe type of
activity and month and year of completion, if applicable:
The site is located at 1625- 1633 Adrian Road in the Citv of Burlingame California The site is within an
Industrial area (Rollins Road area) Land use in the surroundina area is mmmercial/ industrial Th site is
bordered Adrian Road and the Bayshore/101 Freewav on the east and industrial and commercial develooment
on the north, south and west.
The existina site was a DHL distrib�ti�n center with office space in the front �art �f the building and a
warehouse in the back. The site consists of oaved �arking areas office b����ing and warehou� landscaoeve
veaet�tion strios and a small ruderal (weedv) area on the backside of the orooertv The Pr000 �roiect iS tn
convert the site to a BMW service center.
A transmission line corridor is located on the southwest side of the parcel and a narrow drainage ditch
a�proximatelv 17 feet wide is located iu� off the �perly within the transmission line corridor area The
p�r �rlv is �, and 95�0 of tt�e rooe drains into the drainaae dit h
The drainaae ditch is isolated between industrial oarce�s The drainage flows through surface ditches and
culverts and eventuallv into San Francisco Bav Veaetation within the drainaa riirnc �onsists of �rimarilv
Box 6 Proposed project starting date: June 1, 2009
Estimated duration of activity: 4 weeks Estimated completi ate: )uly 1, 2009
Will the project be constructed in stages? ❑Yes No
Describe any anticipated activities that will take place during the rainy season (October to April)? No activities
will take �lace in the rainv season
Page 3
For the most recent version of the form in Microsoft Word, visit http:/fiarpa.abaa.ca.00v. Or contact Jennifer Krebs, 510.622-2315.
Version 1106
Box 7 Desviption of tf�e proposed project: Use as many pages as necessary to describe the project as
completely as possible. Describe the area witliin the project site that will be used each for development
features and open space. Include construction plans pertaining to the project. For additional guidance on what
to include, refer to the instructions.
The �ro�osed �roiect is to mnvert the site to a BMW �rvice cPnter at 1625 1633 Adrian Road The offices m
the front bwldina would be rnnverted to a customer service center and offices and the rear buildina would be
�onverted to service bays_ wareho�� offices and lunch room The sit will have customer oarking in the
front of the site and the back of the site will be �arkina for emolovees and serviced vehicles. Dreinaoe from
the site flows into a drainaae channel which borders the southwestem side of the nrooertv
The �roiect would construct a road crossina across a drainage channel t� connect the procertv at 1625 Adrian
Road to additional oarfuna areas located on a separate �rooertv to the southwest Ao�roximatelv 840 sauare
f�t (0 02 acres) of the dramaa channel wo Id imna Prt h� nstruction of a hox culv rt to provide a road
crossina. The �roiect would also im�act 700 sa���P feet (0 016 acr�� of ruderal vea rat' n for additional
�rkina on the �rocertv. The oro,er_t would insr�ll a sbormwater treatrnent syst?m to remove r�ollutants from
run fF n rin e nn I
Specify the equipment and machinery to be used to complete the project
One backhce with chain to maneuver the culvert in lace, hand vibrat�on olates for soil comr�action and hand
laborers for diaaina and fence construction Dewaterina the channel will be done with sump �um�s and sand
i I w rk a . Wat d wi i tt� hann I i i II I s than 6 in es.
Wil water be present in the waterbody during the proposed work period?
Yes ❑ No �/`�/�l�At,
Will e proposed project require work in the wetted portion of the channel?
Yes (enclose a plan to divert water around the worksite) ❑ No
Purpose of the proposed project:
The Duroose of tt�e �roiect �s to �rovide vehicle access between two �arkina areas and to install a stormwat r
treatrnent system on site to remove poll�fants on site before thev rea h�e adj cent drainaae dit n
Fr n i
Environmental Documents (non-CEQA): List any environmental studies, surveys, etc. that have been
prepared for tfie project and/or the project site. Provide the date of the document and the name of the
individual, firm, or agency that prepared it. Attach additional pages as needed, See instructions.
11 Bioloaical Resource Assessment for 1625-1633 Adrian Road Burlinaame Califomia Prepared by na��
Range Ecoloav )anuary nnq
21 Enaineerina Drawinos for BMW Service Center Culvert Crossina Preoared bv Lea and Braze Enameermg�
�
3� Landscace Plan for BMW Servi P rpnter Culvert Go�sina Preoared by A�ril Phili[� De�ign Works, Inc:
See special section of the instructions on drawings. figures and photographs. Attach figures, maps, and
directions to the project site. One set of original or good quality reproducible drawings m� be attached to
applications to each agency. Applicants are encouraged to submit photographs of the project site, but these do
not substitute for drawings. BCDC, the Corps Of Engineers and Coast Guard require at least one set of
drawings on 8-1/2 x 11 inch sheets.
Page 4
For the most recent version of the form in Microsoft Word, visit http:l�aroa.abaa ca aov Or contact Jennifer Krebs, 510-622-2315.
Version 1106 —
Box 8A Placement of Structures And/Or Fill Material in Waters und Army Corps 7urisdic6ion
♦ Will fill be piaced below the ordinary high water line for fresh waters? �Yes � No
♦ Will rock, fill, bulkhead, pilings, s res or other material be placed waterward of the mean high water
line for tidal waters? � Yes No
♦ Will fill be placed below the high tideline in tidal waters? Q Yes `�No
If applicable, number of linear feet of impact — 40 feet
Amount of total fill — i cubic vard of backfill
Amount of fill below the ordinary high water mark or high tide Ilne 1 cubic vard of backfill
Type of fill cement box culvert, gravel and native mud
Material source f�A
Box 86 Waterway Impacts: Placement of Structures and/or Fill in Waters of the State
Will the project or activity invo e work in the bed, bank or channel of a river, stream (including seasonal
streams), or lake? ❑ No Yes
If yes, describe both temporary and permanent impacts to the bed, channel, and bank of the river, stream, or
lake, and the assocfated riparian habitat. Specify the dimensions of the modifications in length (linear feet)
and area (square feet or aaes) and the type and volume of material (cubic yards) that will be moved,
displaced, or otherwise disturt�ed, if applicable.
Aooroximatelv 400 square feet of watenvav within a drainaae channel l20 linear feet 0 009 acres) would be
ermanentiv im�acted bv �lacement of a concrete box culvert An additional a��roximatelv 440 sauare fc�gt,
(20 Imear feet• 0 O10 acres) would be temporarily imr�acted during culvert construction Tem�r�ty im
area would retum to cattail marsh
Will the project affect any vegetation? ❑ No � Yes. If yes, comp►ete Box 17-FGl l
Page 5
For the most recent version of the form in Microsoft Word, visit http:/fiama.abaa.ca.aov Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 9 Impacts on Weiiands
♦ Will the proposed project have temporary or permanent impacts to wetlands, including isolated w�tlands,
seasonal wetlands, managed wetlands or on tide or submerged lands (i.e. fill, flooding, draining)? �U�Yes
❑ No
If yes, please describe the wetlands, using additionai pages as necessary. Provide one or more photographs of
the existing conditions.
Wetlands on site consi�r of freshwater emerQent wetland within a drainage channel The drainaae channel i
approx�mateN 17 feet wide, and extends alona the southwest boundary of the �rooertv The wetland is
dominated bv narrow-leaf cattail l Ty ho a auctustifolia) The wetland is confined to the channel and is
surrounded bv industrial and commercial develooment in the citv of Burlinaame
The �roiect would install a stormwater treatment sv�#Pm on site t� TMeat r�llutants �rior to entering the
drainaae channel Existina untreated runoff from the site drains directiv into the drainage channel
• If a wetlands delineation has been completed, please submit it with application
♦ If a geology or soils report has been
submit with
Yes, Attached LV J No
!es, Attached � No
Box 10 Potentlal for Impacts to Threatened and Endangered Species
Are any special status animal o plant species, or habitat that could support such species, known to be present
on or near the project site? �Yes ❑ No ❑ Unknown
If yes, list here
1) C�lifomia red-leaaed frog (Rana auro�a dravtonii) Federally Threaten� Stata Sr�cies of Special Concem
2) �n Franasc� �arter snake ( Thamnoohis siitalis tetrataenia) Federaliv and State Endanaered State Fuliv
Protected Species.
Identify the source(s) of information that supports a'yes" or "no" answer above:
1) Bioloaical Resource Assessment for 1625-1633 Adrian Road Burlinoame Califomia Preoared by Coast
Ranae Ecoloav, Januarv, 2009.
2) Califomia Natural Diversitv Database jCNDDB) records search Decem r 2008
Have surveys, using US Fis and Wildlife Service protocols, for possible listed species been conducted?
r--,
Attached I " I No
If a federal or state listed species is being impacted, a biological assessment or study may be requir to
evaluate potential project impacts on biologica� resources. Has such a study been completed?. �Yes,
Attached ❑ No
Has a hydrological study been completed for the project or project site? U Yes, Attached �� No
Note: A hydrological study or other infoRnation on site hydraulics (e.g., flows, channel characteristics, and/or
flood recurrence intervals) may be required to evaluate potential project impacts on hydrology. The Proiect
Enoineer (Lea and Braze Enaineerina� is workina with the Citv of Burlinaame to determine what hvdroloaical
•-�---�-- u-- �� - . _.. .. . -
Box 11 Avoidance of Impacts
Provide a full, technically accurate description of the entire activity and associated environmental impacts,
inciuding areas outside of jurisdictional waters. (90 percent of applications to the Regional Board require an
Altematives Malysis.) See instructions.
Page 6
For the most recent version of the form in Microsoft Word, visit htto:l�ar�a.abao.ca.00v. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
The oroiect will limit imoacts (combined tem�orary and cermanentl 40 linear feet of channel and a total of
840 sauare feet of wetland for installation of a culvert To avoide and minimize im�acts The �roject will•
1� conduct oreconstruction surveys for Califomia red-leaqed frog and San Francisco garter snake and notifv
DFG and USFWS for auidance if anv are detected• 2) �rovide on site dailv monitorina for CRF and SFGS bv a
aualified bioloaist durina �roiect construction• 3) �rovide worker education trainina on identification and
L�rtina �rotocol for CRF and SFGS �rior to �roj�ct rnnctn�rtinn• 4) �rovid a n�-�,�ctn���on survey for
�ina birds bv a aualified biolooist• s� Tnct��l a bermanent a 6 foot fence alona the �rooertv edr�e t� �revent
wildlife movement (includina CRF and/or SFGSI from the drainage area into the �rocertv
An altemative to the oroiect would be to build a bridae over the drainaae channel The bridae would be
a�proximatelv three times the cost of the �r000 �roiect This altemative would also have �otentlal imoacts
to soecial status soec�?s and nestina birds and would reauire similar mitigations for constucri� of the birdc,�
_�..�__L
Box 12 Mitlgation
Describe the size, type, location, function, and values of the proposed mitigation and a time line for
implementation. Describe success criteria, monitoring, and long-term funding, management, and protection of
the mitigation site. Attach A Mitigation Plan, if needed. Attach additional pages as needed. See instructions
and contact APPROPRIATE AGENCY staff for additional assistance.
A�oroximatelv 40 linear feet 1840 sauare feet 0 02 acres) of the drainaae would im�c+ed bv �lacement
of a concrete box culvert to provide a road crossing over the channe�. This includes both permanent (400
sauare feet) and temoorary (440 sauare feet) imoacts All imaacts would occur within a confined narrow
drainaoe channel. The �roiect would also imoact 700 sauare feet (0 016 acres) of ruderal vegetation for
additional �arkina on the �rooertv.
Mitioation for tem�rary impacts to wet/ands wi// mnsist of•
1) Areas within the channel that a tem�orarilv imoaded during culvert construction li e 440 sauare feet
0.01 acresl would be allowed to reveaetate naturallv witi� cattails. Due to tf�e current dominance of cattails in
the drainaae and the hiah rate of s�read of cattails in ooen wet channels this is ex�ected to occur within
aRoroximately 1 vear after construction is completed
Mitioation for o�eirnanent im� t� wet/ands wi// consist of•
21 For the cermanent imoacts to wetlands li e 400 souare feet• 0 009 acres) the �roi will mitiaate in one of
the followina two ways:
A) Ri�arian Flood�lain Restoration The �roiect will restore rioarian floodolain veaetation (at a 5 1
mitiaation ratio) to a 0 05 acre 12000 sauar fee� ar jacPnt to the ��a��a�P channel This trio of land
extends a�oroximatelv 8-10 feet wide along the width (265 feet) of th ����rt� Reveaetat��n of the ruderai
area o�_�it� would commence immedia Piv attPr r��i��r �-�,��tn,rr;nn is com�leted Invasiv cna-�PS Would be
removed from the ruderal area on site, and native ri�arian flood�lain soecies would be olanted, consistina of
native arasses s�ch a� blue wild rve (EMnus a/aun � and C�lifomia oat aras� fna�rt,n�/a califomica) and
n tiv hru su a wfll w lix/a io% i r h Ba ri il la i Calif mia ff
(Rhamnus ca/ifomica) and hairy aum plant (Gnndelia hirse�h�/a� The ite will be manaaed for weeds and
r�l�cement olantma will be conducted as necessary WeedS would ainnraccari f� �e flrst vPar throuQh
mQwina, hand control and �lacPment of mulch around th nlwntinnc anrl tha cita v�ni ilri M�m�9 yi�
temoorasv dno imaation for the first year. The site will be managed for 5 yean, with annual monitorin,g
�orts submitted to AC E. USFWS. SRWOCB, DFG and the Citv nf a� �rl�naame.
Page 7
For the most recent version of the form in Microsoft Word, visit http:l�aroa.abaa.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Bl The a��licant will contrib�� an in lieu fee for habitat restoration that assists in the recovery of the
Califomia red-leaaed froo and/or San Francisco aarter snak This fee will be commensurate with the
permanent im�acts of this �roiect (i.e. 0.009 acres of freshwater emeroent wetland).
3) The �roiect will install a stormwater treatrnent system on site to treat oollutants �rior to enterina the
dramacae ditch. Existina untreated runoff from the site drains directiv into the drainaae ditch
Box 13 Excavabon And/Or Dredgmg
For Non-Navigational Dredging Projects (construction, flood control, remediation, etc.) that do
not propose disposal or reuse of dredged maberials in aquatic environments [Navigational Dredging
Projects or Dredging Projects that Propose Aquatic Placement of Dredged Material for which Testing may be
Needed should be completed through the Dredged Material Management Office ( MO)].
Will excavation or dredging be required in water or wetlands? ❑ Yes �No
If dredging or excavation:
• Volume: (cubic yards)/area (acres)/.
♦ Composition of material to be removed:
♦ Disposal location for excavated material:
(linear feet of channel)
♦ Method of dredging:
♦ Purpose of the dredging:
♦ Estimated future maintenance dredging required annually: cubic yards
• Additional information to be provided in an attachment � Yes � No
Box 14 Environmerttal Impact Documentahon
Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Act
(CEQA), National Environmental Protection Act (NEPA), California Endangered Species Act (CESA) and/or
federal Endangered Species Act (ESA)?
❑ Yes (Check the box for each CEQA, NEPA, CESA, and ESA dxument that has been prepared and enclase a copy of
eaqh)
lfQ No (Check the box for each CEQA, NEPA, CESA, and ESA document listed below that will be or is being preparetn
❑ Notice of Exemption � Mitigated Negative Declaration ❑ NEPA document (type):
❑ Initial Study ❑ Environmental Impact Report O CESA document (type):
❑ Negative Declaration � ❑ Notice of Determination (Enclose) ❑ ESA document (type): _
❑ THP/ NTMP ❑ Mitigation, Monitoring, Reporting Plan
State Clearinghouse Number
Has a CEQA lead agency been determined? U Yes
If yes, CEQA Lead Agency � of Burlingame
Contact Person Ruben Hurin
Telephone Number 650-558-7256
No
Page 8
For the most recent version of the form in Microsoft Word, visit htt�:lfiaroa.abaq.ca.Qov. Or contact Jennifer Krebs, 510�22-2315.
Version 1106
If the project described is part of a larger project or plan, briefly describe the larger project or plan.
�
Page 9
For the mast recent version of the form in Microsoft Word, visit http:/lama.abaa.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 15 Public Notice Has a federal agency or the applicant provided pub�ic notice of this application for water
quality certification?
Federal Agenry Q Yes If yes, date, , and �
Applicant Yes If yes, date, , and No
Other ❑ Yes If yes, date, , and �o
If public notice has not been made, please provide the names, addresses and telephone numbers of adjoining
property owners, lessees, etc. (Note that loca/ govemments may �epuire additiona/ notice — consu/t your /oca/
govemment agency.)
Name Address Phone number
SEVEN SPRINGS LP 1649 ADRIAN ROAD
JOEY LO 1611 ADRIAN ROAD
LOIS JEAN AND DEAN L 1626 ROLLiNS ROAD
MAWDSLEY
TOM AND JOANNA PAPAGEORGE 1634 ROLLINS ROAD
SANJAYLYN COMPANY 1616 ROLLINS ROAD
Bo�y16 Site Inspection
QIn the event that pub�ic agencies determines that a site inspection is necessary, I hereby authorize public
agency representatives to enter the property where the project described in this application will take place at
any reasonable time, and hereby certify that I am authorized to grant public agency representatives such
entry.
❑I request agencies first contact (inserf name) at
(insert te/ephone numbe� to schedule a date and time
to enter the property where the project described in this application will take place. I understand that this may
delay the issuance of project peRnits.
End of Section One
Page 10
For the most recent version of the form in Microsoft Word, visit http:llaroa.abaq.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 Departrnent of Fish and Game
Section Two — Agency Specific Requirements for Project Permitting
Box 17 Department of Fish and Game — Projects Adjacent to Creeks, Streams, Lakes,
and the Bav
This project does not involve this agency (no additional questions oom
F . AGREEMENT TERM REQUESTED
Re ular 5 Years or less Lon Term reater than 5 ears
Project Term Seasonal Work Period Number of
Beginning (year) Ending (year) Start Date (month/day) End Date (month/day) work days
2009 2009 06/01 09l01 30
FGS. AGREEMENT TYPE
Check the applicable box. If box B, C, D, or E is checked, complete the spec�ed attachment.
A Standard (Most construction projects, excluding the categones listed be/ow)
B ❑ Gravel/Sand/Rock Extraction (AttachmentA) Mine I.D. Number.
C ❑Timber Harvesting (Attachment B) THP Number.
p OWater Diversion/Extraction/Impoundment (Attachmenf C) SWRCB Number.
E ❑ Routine Maintenance (Attachment D)
F ❑ DFG Fisheries Restoration Grant Program (FRGP) FRGP Contract Number.
G ❑ Master
H ❑ Master Timber Harvesting
Page 11
For the most recent version of the form in Microsoft Word, visit http:l�arpa.abaa.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 Departrnent of Fish and Game
. PRIOR NOTIFICATION OR ORDER
A. Has a notification previously been submitted to, or a Lake or Streambed Alteration Agreement previously been issued
by, the Department for the project described in this notification?
❑ Yes (Provide the information below)
Applicant:
i�
Notification Number:
Date:
B. Is this notification being submitted in response to an o►der, notice, or other directive ("orde�') by a court or
administrative agency (including the Department)?
�No ❑ Yes (Enclose a copy of the orrler, notice, or other directive. If the directive is not in wrifing, identi(y the
person who directed the applicent to submif this notification and the agency he or she represents, and
describe the circumstances relating to the order.)
❑ Continued on additiona/ page(s)
PROJECT LOCATION
Include a map that marks the location of the project wifh a reference to the nearest city or town, and provide dnving
directions from a major road or highway
D. Is the river or stream segment affected by the project listed in the �
state or federal Wild and Scenic Rivers Acts? ❑ Yes Q No ❑ Unknown
E. County � San Mateo County
F. USGS 7.5 Minute Quad Map Name
San Mateo
K. Meridian (check one)
L. Assessors Parcel Number(s)
025-262-330
G. Township I H. Range I I. Section I J.'/, Section
N/A
❑ Humboldt Ci'Mt. Diablo O San Bernardino
M. Coordinates (If available, provide af /east /atitude/longifude or UTM coordinates and check appropnete boxes)
Latitude: 37-35'49.39" N
Latitude/Longitude
UTM � Easting:
� Degrees/Minutes/Seconds
Datum used for Latitude/Longitude or UTM
Northing:
� Longitude: �22-2225.33" W
❑ Decimal Degrees ❑ Decimal Minutes
❑ NAD 27
O Zone 10 ❑ Zone 11
O NAD 83 or WGS 84
Page 12
For the most recent version of the form in Microsoft Word, visit htto:/�arpa.abaq.ca.qov Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 Department of Fish and Game
G9. PROJECT CATEGORY AND WORK TYPE (Check each box that applies)
PROJECT CATEGORY N� REPLACE REPAIR/MAINTAIN
CONSTRUCTION EX�STING STRUCTURE EXISTING STRUCTURE
Bank stabilization — bioengineering/recontouring ❑ p �
Bank stabilization — ri�rap/retaining wall/gabion ❑ p �
Boat dock/pier p � �
Boat ramp ❑ � �
Bridge ❑ p �
Channel clearing/vegetation management ❑ p p
Culvert p �
Debris basin p p �
Dam ❑ p �
Diversion structure — weir or pump intake ❑ p p
Filling of wetland, river, stream, or lake p �
Geotechnical survey p p �
Habitat enhancement — revegetation/mitigation p 0
Levee p � �
Low water crossing p � �
Road/trail p � �
Sediment removal — pond, stream, or marina ❑ p �
Storm drain outfall structure p p �
Temporary stream crossing p � �
Utility crossing : Horizontal Directional Drilling ❑ p �
Jack/bore p � �
Open trench p � �
Other (specify): p ❑ ❑
Page 13
For the most recent version of the form in Microsoft Word, visit http:l�aroa.abaq.ca.qov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 Department of Fish and Game
FG1IPROJECTIMPACTS
B. Vegetation Type
Freshwater emergent (cattails)
Linear feet: 20
Total area: 20
Linear feet:
Total area:
2. MEASURES TO PROTECT FISH, WILDIFE, AND PLANT RESOURCES
Permanent
Linear feet: 20
Total area: 20
Linear feet:
Total area:
C. Describe any project mitigation and/or compensation measures to protect fish, wildlife, and plant resources.
The �roiect will limit imoacts to 40 linear feet of channei and a total of 840 square feet of wetland for installation of a
cement box culvert This includes both cermanent (400 sauare feet• 0 009 acres) and temnorary (440 sauare feet 0 Ol
�cres) im�acts All impacts would occur within a confined narrow drainage �hannel The proiect would also imnact 700
���r� feet (0 016 acresl of ruderal veaetation for additional �rking on the oro�erty
Avoidance and minimization measures will consist of•
1) Conduct �reconstruction survevs for Califomia red-leaged froa and San Francisco garter snake and notifv DFG and
USFWS for auidance if anv are detected• 2) provide on-site dailv monitoring for CRF and SFGS by a qualified bioloqist
dunna oro�ect construction• 3) orovide worker education trainina on identification and r rtina �rotocol for CRF and
�FGS �nor to �roiect construction: 4) �rovide a precons�,rtin� survev for nestino birds bv a aualified bioloaist• 5) Install
a permanent a 6-foot fence alona the �rooertv edae to nrevent wildlife movement lincludina CRF and/or SFGS) from the
drainaoe area mto the oropertv.
� .,. . . .• c : ��� . - , s. .
1) Areas within the channel that are temoorarilv im�act durina culvert construction li e 440 sauare feet 0 O1 acres,�,
will be allowed to reveoetate naturallv with cattails. Due to the current dominance of cattails in the drainaae and the hiah
rate of s�read of cattails in o[�en wet channels this is excected to occur within ao�roximately 1 vear after culvert
construdion is comoleted.
� s .. . . �- - ;..i� c• - � - • s. .
. � .- - ...L . � . •�� . � ��•
• • . • -- -
' �, y��� . ... • .,� - � • S�! arl• - �. • ��� . 1- • �. •� �
• . 1 1 � �- 1 1�1 � - � �� . � � - � . � - L � • •� -� - �• . �,r � 1
:; �; . • • i - � � _ :; • � - � • �: � o,! - � , • • - . • • � • � -
Page 14
For the most recent version of the form in Microsoft Word, visit http:/�arpa.abaa.ca.vov. Or contaci Jennifer Krebs, 510-622-2315.
Version 11Q6
❑ Continued on additiona/ page(s)
_ tsox li uepartment or F-tsn and Game
and nat�ve rioarian floodolam soecies would be planted cnns�ctina of native arat� a��h a� hi�,a W�i� tip (Elvmus
2/aucus) and Califomia oat ara4s (Danthonia califomica) and native shr�hs such as arrovo willow (Sa/ix /asio%ois) cnvnta
�rush l Baccha�is nilu/ans) Califomia coffeebertv (Rhamnus ca/ifomica) and hairy aum �lant (Grinde/ia hirsutu/a) The site
will be manaaed for weeds and re�lacement olantirLg will be conducted as necessary Weeds wo�i� hP sur�res�J for the
first vear throuah mowma hand control and �lacement of mulch around the olantinas and the site would be irriqated
with temoorary drio irriaation for the first vear The site will be manaaed for years with annual monitorina re�
�bmitted to ACOE USFWS SRWQCB DFG and the Citv of Burlinaame
�
b) The a[�licant will contribute an in lieu fee for habitat restoration that assists in the recovery of the California red
leoaed froa and/or San Francisco narter snake This fee will be commen �ratP ��ith the impacts of this proiect (i e 0 009
�cres of freshwater emeraent wetland1
3) The �roiect will install a stormwater treatment system on site to tre�t �ollutants �rior to enterina the drainage ditch
Exisdna untreated runoff from the site drains directiv into the drainage ditch
13. PERMITS
List any local, state, and federal permits required for the project and check the corresponding box(es). Enclose a copy of
each permit that has been issued.
A. _USFWS Biological Opinion Cl�Applied ❑ Issued
B. _ RWQCB 401 Certification P1 Applied ❑ Issued
C. _Creek Enclosure Permit, City of Buriingame 0 A plied ❑ Issued
D. _ACOE Section 404 Nationwide Permit f3 Applied ❑ Issued
E. Unknown whether ❑ local, ❑ state, or ❑ federal permit is needed for the project. (Check each box that applies)
FG 14 ENVIRONMENTAL REVIEW
Has an environmental filing fee (DFG Code section 711.4) been paid?
❑ Yes (EnGosed) Ld No (Explain why it has not been paid) `�Ei (� ( LC. �� Pi�c� C%f�o+J c5���7T��. ,
Page 15
For the most recent version of the form in Microsoft Word, visit http:lfiarpa.abaa.ca.aov. Or contact Jennifer Krebs, 510-622-2315.
Version 1106
Box 17 Department of Fish and Game
16. DIGITAL FORMAT
Is any of the information induded as part of the notiflcation available in digital format (i.e., CD, DW, etc.)?
❑ Yes (Please endose the information via digital media with the completed notification form)
�o
17. SIGNATURE
I hereby certify that to the best of my knowledge the informadon in this notificadon is true and correct and that I am
autho�ed to sign this notification as, or on behalf of, the applicarrt. I understand that if ar�y information in this
notiflcatlon is found to be untrue or incared, tt►e Department may suspend processing this notification or suspend
or revoke any draft or final Lake or Streambed Alteration Agreemertt issued pursuant to this notification. I
understand also that if arry information in this notifiption is found to be untrue or incorrect and the project desaibed
in this notification has already begun, I and/or the appllcarrt may be subject to civil or cximinal prosecutlon. I
understand that thls notification applies only to the project(s) described herein and that I andlor the applicant may be
subject to avi(or criminal prosecutlon for ►indertaking any praject not described herein unless the Departmenthas
been separately not'rfied of that project in accordance with Fish and Game Code sedion 1602 or 1611.
/ K� �i...�� �... �- zZ-09
Signature of9ppllcartt or ApplicanYs Authorized Representabve Date
Print Name
End of BOX 17
Page 1 a
For the most recent versbn of the form in Miaosoft Word, visit htm;l/larpa.abao.ca.Qov. Or contact JennHer Krebs, 510-&22-2315.
Version 1106
:. : : �
Box 8 Bay Conservation and Development Commission —
P on the Shore of the San Francisco Ba or Other BCDC Areas of ]urisdiction
This project dces not involve this a ency (no additional questions oompleted)
Does the project involve development within the primary Does the project involve development within the 100-foot
management area of the Suisun Marsh? shoreline band around San Francisco Bay?
QYes ❑ No ❑ Yes ❑No
If "Yes", provide any relevant Duck Club number(s): San Francisco Bay Plan Shoreline Designation
Length of shoreline on the project site, in feet:
Area reserved for non-public access uses: Sq. Feet
Total size of underwater and tidal areas of the project
Length of shoreline of any adjacent proper[y owned by the
owner of the project site, in feet:
Area reserved for public access: Sq. Feet
ID Number(s) of previous BCDC permit(s) issued for work
on this site:
TOtal COSt of projeCt. (This means tt�e fair market value of the project, inciuding maberials, labor, machine
rerrtals, etc.) Processing Fee
Bay Fill InfOrmation - Fill means earth or any other substance or material, including pilings or structures placed
on pilings, and structures floating at some or al� times and moored for extended periods such as houseboats and
Floating docks.
■ Total Volume of solid fill to be placed in water or marsh areas: cubic feet
■ Area to be covered with solid fill: square feet
■ Area to be covered with floating fill: sq feet
• Area to be covered with pile-supported fill: sq feet
■ Area to be covered with cantilevered fill: sq feet
■ Salt pond area to be filled: sq feet
■ Managed wetland area in the primary management
■ Area of the Suisun Marsh to be filled: sq feet
■ Area on new fill to be reserved for private, commercial, or other uses: sq feet
■ Area on new fill to be reserved for pubiic access: sq feet
■ What is the basic purpose of the new fill in the Bay, salt pond, managed wetland, or certain waterway?
Information on Fill to be provided in an attachment
■ Please specify the area of fill, in square feet, proposed to be covered in structures; used for roads; used for parking;
used for pathways and sidewalks; rnvered with landscaping; used for piers, docks, and other maritime related purposes;
pfaced for shoreline protection; and used for other purposes (specify uses).
■ Please provide dimensions of portions of all structures to be buiR on new fill, including length, width, area, height
and number of stories.
■ Please provide one or more photographs of existing shoreline conditions.
Provide tt�e following informatlon to justify tMe proposed fill in an attachment:
BCDC can approve new fill for only five purposes: (1) accommodating a water-oriented use; (2) improving shoreline
appearance; (3) providing new public access to tf�e Bay; (4) accommodating a project that is necessary to the health,
safety, or welfare of the public in the entire Bay Area; and (5) accommodating a project that is consistent with either:
(1) the Suisun Marsh Preservation Ad and ti�e Suisun Marsh Protection Plan; or (2) the Suisun Marsh Local Protection
Program. Please explain how the project is consistent with one or more of these purposes.
■ If the fill is to be used for improving shoreline appearance or prrniding new public access to the Bay, please explain why it is
physiqlty impossible or economically infeasible to aaomplish these goals without filling the Bay.
• Please explain how the fill will resuit in a stable and permanent shoreline.
■ Please explain the steps that will be taken to assure that the project will provide reasonable protection to persons
and property against hazards of unstable geologic or soil conditions or of flood or storm waters.
• Please provide the names, addresses, and telephone numbers of any licensed geologists, engineers, or architects
involved in the project design who can provide technical information and certify to the safety of the project.
Page 17
For the most recent version of the form in Microsoft Word, visit http:/�ar�a.abaq.ca.qov Or contact Jennifer Krebs, 510-622-2315.
Version 1106
:. : : � •
_ e�x is (cvnrinuE�J
■ Please explain:
1. What possible effects the proposed fill would have on the Bay Area, such as (1) any impact on the volume of
Bay waters, on Bay surface area, or on the circulation of Bay water; (2) any impad on water quality; (3) any
impact on the fertility of marshes or fish and wildlife resources; and (4) any impad on other physical conditions
that exist within the area which would be affected by a proposed project, including land, air, water, minerels,
flora, fauna, noise, or objects of historic or aesthetic significance; and
2. How the nature, location, and extent of the proposed fill would minimize any possible harmful conditions or
effects.
■ Ptease explain how the public benefits of the project would exceed the public detriment from the loss of water or
marshlands.
■ For marina projects, please indicate how many berths, if any, are to be made available for live-aboard boats and
explain how tf�ese live-aboard boats will contribute to public trust purposes.
• Please identify any other specific policies of the McAteer-Petris Act (Califomia Govemment Code Title 7.2, especially
Section 66605), the Suisun Marsh Preservation Act (Califomia Public Resources Code Sections 29000-29612), the San
Francisco Bay Plan and the Suisun Marsh Preservation Plan, and BCDC's regulations regarding minor fill for improving
public aaess and shoreline appearance, that are relevant to and offer support for the project and explain how the
project is consistent with these policies.
Shoreline Band Information - Shoreline band means the land area lying between the bay shoreline and a line
drawn parallel to and 100 feet from the bay shoreline. The bay shoreline is the mean high water line, or five feet
above mean sea level in marshlands.
• Types of activities to be undertaken or materials to be placed within the shoreline band
• Will the project be located within a water-oriented priority use area that is designated in the San Francisco Bay Plan?
❑ Yes ❑No If "yes", please attach an explanation of how the project can be approved despite this
inconsistency. If no, mmplete the questions below:
• Total shoreline band area within project site: sq feet
• Area wfthin shoreline band to be reserved for non-public uses: sq feet
• Area within shoreline band to be reserved for public access: sq feet
• Information about the shore�ine work to be provided in an attachment:
■ Please describe the area, in square feet, to be covered by structures; used for roads; used for parking; used
for pathways and sidewalks; covered with landscaping; used for shoreline protection; and used for other
purposes (specify uses).
■ Please identify the total number of parking spaces in the project and within the shoreline band.
• Please provide dimensions of portions of all structures to be built within the shoreline band, including
length, width, area, height, and number of stories.
Environmental Impact Documentation
• Is the project statutorily exempt from the need for environmental documentation? � Yes ❑No If'�es", please
attach a statement supporting this exemption.
• Is the project categorically exempt from the need for environmental documentation? � Yes ❑No If "yes",
please attach a statement supporting this exemption.
. Has a govemment agency other than the lead agency certified a"negative declaration" on the project? �Yes
❑ No If 'yes", please attach a copy of the certified negative declaration. If "no", please provide sufficient
information to allow agencies to make the necessary findings regarding all applicable policies.
Has a govemment agency other than tf�e lead agency, certified an environmental impact document on the project? ❑
Yes ❑ No If "yes', please attach copies of the certification and the document. also, please provide a summary of
the document if it is longer than 10 pages. If "no", please provide sufficient information to allow agencies to make tt�e
necessary findings regarding all applicable policies. the certified document must be submitted prior to adion on the
Page 18
For the most receM version of the form in Microsoft Wwd, visit http:ICarpa.abaa.ca.qov. Or contact Jennifer Krebs, 510-&22-2315.
Version 1106
Box 18 BCDC
Public Access Information
■ Does public access to the shoreline or views to the bay presently exist on the site of a property contiguous to the
project? Q Yes ❑ No
If `j�es", please attach a description of the public access, If "no", explain what is preventing public access to the
shoreline.
• Will the project blodc public views of the bay or adversely impact present or future public access to the shoreline?
❑Yes ❑No
Please describe why the project will or will not affect public views w public access to the shoreline. For most large
projects, identify: (1) the euisting number of people or employees using the site; and (2) ifie existing number of cars,
bicycles, and pedestrians visiting the site and the level of service of all neart�y roads leading to the site. Please describe
how the project will change these factors. Please describe the impact the project is e�cpected to have on the existing
use of the site and on euisting public views or physical public access at the site. Please describe the impact the project
is expedted to have on the public's use of existing nearby parks, public access, public parking and otf�er recreational
areas on the shoreline and the roads leading to the site.
• Do public safety considerations or significant use conflicts make it infeasible to provide new public access to the
shoreline on the project site? ❑ Yes ❑ No
If'yes", please attach a description of the public safety considerations or significant use conflicts which make it
infeasible to provide public access at tf�e project site and either (1) identify an offsite area where public access to the
shoreline is to be provided as part of the project and describe the proposed public access at a specified offsite location,
or (2) provide an e�lanation as to why no offsite public access is proposed as part of the project.
■ Summarize the public access to be provided as part of the total project:
■ Total amount of public access sq feet
� Length of waterfront public access area feet
• Number of parking spaces for public access area
■ Area and width reserved for view corridor (s) sq feet
Detailed information about public access to be provided in an attachment: Please describe, in square feet, length and
width, when appropriate, the existing and proposed public access areas and improvements, inciuding areas used for
decks, piers, pathways, sidewalks, landscaping, parking, and otf�er public features. Please describe how the public
access area facilities would be accessible to handicapped persons. Please describe the connections to existing public
streets or offsite public patf�ways. Specify how the public access will be permanently guaranteed (e.g. dedication, deed
rochrihinn aF.- \
Disdowre Of Campafgn Contributions
The fo�lowing contributions of $250 or more were made by the applicant or applicanYs agent to a BCDC commissioner or
commissioner's altemate in the preceding twelve months to support the commissioners or altemate's campaign for
election to a local, state or federal office:
CoFltribution made to: Contribution made by: Date of mntribution:
No such contributions have been made
END OF FORM
Page 19
For the most recent version of the form in Microsoft Word, visit http:/�arpa.abaa ca.aov Or contact Jennifer Krebs, 510-622-2315.
Version 1106 -