MITIGATION AND MONITORING PLAN - California …scc.ca.gov/webmaster/ftp/pdf/sccbb/2004/0409/0409Board17...Mitigation and Monitoring Plan Table for the Bay Trail Extension to the Berkeley

MITIGATION ANDMONITORING PLAN

Introduction

The City of Berkeley proposes the Berkeley Bay Trail Extension project as a spur of the SanFrancisco Bay Trail to improve bicycle and pedestrian access to the Berkeley Marina. The BayTrail Extension alignment is approximately 1.3 miles long and extends from the existing rampleading from the 1-80bicycle/pedestrian overcrossing through the Berkeley Marina to the entranceadjacent to the Berkeley Yacht Club.

The proposed alignment is divided into 5 segments from funding and implementation perspectives.Initial trail development will consist of the eastern-most segment leading from the existing 1-80bicycle /pedestrian overcrossing to the southwest corner of the East Lawn of the Marina.Remaining segments will be built out as funding is appropriated. The main elements of the trailinclude a 12-foot-wide multi-use path that includes 2-foot-wide graded shoulders. Several otherfeatures will also be included in the Trail design such as lighting and benches. Parking areas willbe redesigned as will area drainage. A pedestrian bridge is proposed for installation overStrawberry Creek Cove. Construction involves removal of existing path and/or structures and treesand installation of a new path.

Mitigation Monitoring TableThis Mitigation and Monitoring Plan (MMP) outlines procedures for the implementation ofmitigation measures identified in the 2003 Bay Trail Extension to the Berkeley Marina InitialStudy/Mitigated Negative Declaration (IS/MND) to reduce all potential environmental effects of theproposed action to less than significant levels. The City of Berkeley and its contractors must fullycomply with the conditions and measures described in this MMP. The attached table provides aMitigation and Monitoring Plan (MMP) for the proposed action.

The MMP is organized in table format and is keyed to each mitigation measure identified in theIS/MND. The MMP is organized by environmental issue area, and discusses only those impactsfor which mitigation has been identified. The intent of the formatting the MMP as a table is toprovide the reader with a concise and quick summary of the measures to be implemented,agencies involved, timing of implementation, and frequency of monitoring. The purpose of eachheading column is as follows:

Bay Trail Extension to the Berkeley MarinaDesign Plan and Final Initial Study/Mitigated Negative DeclarationNovember 2003

MHA Inc. 1

APPENDIX C: MITIGATION AND MONITORING PLAN

.Mitigation Measure: A summary of the mitigation requirements

Implementing Action: Actions necessary to implement mitigation

Method of Verification: The method to ensure that the mitigation measure has beenimplemented

Timing of Verification: A schedule for conducting each mitigation monitoring andreporting action

Responsible Parties: The agencies responsible for monitoring implementationmitigation measures. Other agencies involved in the implementation of the measureare also listed.

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Mitigation and Monitoring Plan Table for the Bay Trail Extension to the Berkeley Marina

4.3.1-1.A tree removal and replacement design planshall be submitted to the City for approval thatoutlines the exact species and location of trees to beremoved as well as the species, location and size ofreplacement trees. Trees greater than 6 inches dbhshall be replaced at a 4:1 ratio. Tree root growth shallbe considered when choosing replacement treelocation to minimize chances of uprooting the trail orother structures. Irrigation and replacement treemaintenance shall also be included in the plan. Theplan shall be implemented prior to the completion ofthe project. .

4.3.3-1. Prior to site grading, a grading plan shall besubmitted to the City of Berkeley PlanningDepartment for review. The grading plan shall includemeasures to reduce emissions from constructionequipment and wind blown soils that shall include, butnot be limited to, twice-daily watering of disturbedsoils as necessary during dry periods, propermaintenance of construction equipment, and otherBest Management Practices to reduce windblowndust. The grading plan shall be followed for allconstruction activities for the project. Measuresincluded in Table 1 shall also be incorporated into thegrading plan (refer to (c) below).

ONSIBLEY

The City will approve of the tree removaland replacement design plan beforeconstruction begins

Review of design plan andverification of approval

City of BerkeleyBefore constructionbegins for eachsegment

The City of Berkeley will approve of thegrading plan before construction begins

Before constructionbegins for eachsegment

City of BerkeleyReview of grading plan andverification of approval


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4.3.4-1.Conduct surveys for burrowing owls within 30days prior to all construction in all areas identified atthe time of construction to have suitable habitat for

burrowing owls, following the CDFG survey protocolcurrently in effect at that time. If construction activitiesare delayed or suspended for more than 30 days, thesite shall be re-surveyed. A construction buffer shallbe established around each occupied burrow, at aminimum radius of 160 feet (50 meters) from theburrow during the non-breeding season (September 1through January 31) and 250 feet (75 meters) fromthe burrow during the breeding season (February 1through August 31). During the non-breeding season,if such buffers cannot be protected, the burrowingowls shall be passively relocated prior to construction,subject to prior approval of CDFG (CDFG does notallow relocation of burrowing owls during the breedingseason).

4.4.4-2. If any trees (greater than 15 feet tall) are tobe removed during the breeding season (betweenMarch 1st throughAugust 31st),surveyshall beconducted for white-tailed kite, Cooper's hawk, red-tailed hawk, red-shouldered hawk, and other raptorswithin 30 days prior to tree removal. If an active raptornest(s) is located in or within 200 feet from the projectsite, a construction buffer, at a minimum radius of 200feet from the dripline of the nest tree, shall beestablished around each nest until nesting activitieshave ended. No construction activities shall beallowed within the 200-foot buffer(s) until the nestingraptors have left the nest(s).

The City will coordinate with a qualifiedwildlife biologist to conduct a burrowingowl preconstruction survey, and toestablish buffer zones around any dens.If buffers cannot be protected, than in thenon-breeding season burrowing owls willbe passively relocated by the qualifiedbiologist after coordination with theCDFG.

The City will coordinate with a qualifiedbiologist if any trees greater than 15 feettall are to be removed between March1st, and August 31st.The biologist willconduct raptor surveys and establishconstruction buffers if necessary

Review survey results.Coordinate with Contractor toensure that buffer zones arerespected and CDFG is notifiedin cases where owls need to berelocated.

Review tree removal plans

Review survey results.

Coordinate with Contractor toensure that buffer zones arerespected.

Ensure that surveysoccur within 30 daysof construction.Periodically verifythat buffer zones arebeing observed.Monitor passiverelocation of owls asnecessary

Ensure that surveysoccur within 30 daysof construction.

Periodically verifythat buffer zones arebeing observed.

City of Berkeley

CDFG

City of Berkeley

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November 2003


4.3.4-3. If any excavated soil is to be moved off-site,such excavation areas shall first be inspected by aqualified botanist, who shall identify those areas thatare potentially contaminated by perennialpepperweed seeds or root stock. Soil excavated fromthe identified areas shall be disposed of within theproject site or in a qualified landfill.

4.3.4-4. Prior to construction, the City of Berkeleyshall obtain permits from the Corps, RWQCB, andBCDC for impacts and project features within thejurisdiction of those agencies. The City shall complywith the terms and conditions of those permits,including mitigation measures, if required.

4.3.4-5. No construction equipment or disturbanceshall be allowed within the two seasonal wetlands orwithin 1Qfeet from the wetlands. A 1Q-foot-widebuffer shall be established around each wetland toprotect it during construction, and silt fencing shall beinstalled at the outer edge of the buffers. The siltfencing shall be properly maintained duringconstruction and properly removed after constructionto avoid impacts on wetlands.

4.3.4-6. The City of Berkeley shall use trashreceptacles within the Eastshore State Park that aredesigned to be inaccessible to animals.

4.3.5-1. If archaeological resources are discoveredduring excavation, all work in the immediate vicinityshall be suspended pending site investigation by aqualified archaeologist to assess the materials anddetermine their significance. If a qualified professionaldetermines that the resource shall yield newinformation or important verification of previousfindings, construction in the immediate area shall notresume until state and federal officials have been

consulted and the resources appropriately evaluatedand treated, as required under federal and stateregulations.

The City will coordinate with a qualifiedbotanist to inspect areas for perennialpepperweed seeds or root stock prior toexcavation. The City will ensure properdisposal if contaminated soil is identified.

The City will obtain permits from theCorps, RWQCB, and BCDC and complywith the terms of these permits

The City will ensure that a 10 foot bufferis established around each wetland andsilt fencing is installed and maintained

The City will ensure that receptacles thatare inaccessible to animals are used.

If a resource is discovered, theContractor will suspend work in thevicinity of the resource until a siteinvestigation by an archeologist isconducted. If the resource is significant,the City will not allow construction toresume until state and federal officialshave been consulted.

Verify that a biologist inspectsthe area. Review disposalplans/contracts. Monitor on-sitefor compliance

Review permits and periodicallymonitor for compliance withterms of permits

Periodically monitor forcompliance

Verify at the end of construction.that proper receptacles are inplace

If a resource is discovered,monitor site to ensure work isstopped. Coordinate witharcheologist to verify status ofresource and review agencyconsultation documentation

Prior to excavation inthe Strawberry Covearea.

Prior to constructionand monitor duringconstruction

Prior to construction

and monitor duringconstruction

At the end ofconstruction

As necessary duringconstruction

City of Berkeley

City of Berkeley,Corps, BCDC,RWQCB

City of Berkeley

City of Berkeley

City of Berkeley


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4.3.5-2. If archaeological resources are discoveredduring excavation for the proposed action andavoidance of these resources is not feasible,evaluation of the resources shall be required. Anevaluation plan shall be prepared that provides for themethodical excavation of resources that would beadversely affected. Only a qualified archaeologistshall be allowed to collect any discovered prehistoricresources. The work shall be accomplished within thecontext of a detailed research design and inaccordance with current professional standards. Theplan shall result in the extraction of sufficient volumesof non-redundant archaeological data to addressimportant regional research issues. Detailed technicalreports shall be prepared to document the findings. Ifthe resources are determined to be eligible for listingon the NRHP, an appropriate treatment (mitigation)plan shall be developed and implemented. Treatmentwould include data recovery to gather the informationcontained in the site.

4.3.5-3. If the project sponsor or any constructioncontractors discover prehistoric archaeologicaldeposits that include human remains duringexcavation for the proposed project, the CountyCoroner shall be immediately notified. If the remainsare found to be Native American, local NativeAmerican groups and the Native American HeritageCommission (NAHC) shall be notified within 24 hours.The most likely descendents of the deceased NativeAmerican shall be notified and given the chance tomake recommendations for the remains. If norecommendations are made within 24 hours, remainsmay be reinterred elsewhere on the property. Ifrecommendations are made and not accepted, theNAHC shall mediate the problem.

The City will prepare and evaluation planif avoidance of any found resources isnot feasible.

The City will ensure that only a qualifiedarcheologist handles prehistoricresources

The City will ensure detailed reports to .document any findings are prepared

The City will notify the County Coroner ifnecessary and if the remains are NativeAmerican, the City will notify local NativeAmerican groups and the NAHC andcarry out any recommendations

Review of evaluation plan ifnecessary. Monitor site forcompliance of mitigation ifresources are found. Reviewreports and treatment(mitigation plan) if necessary

Monitor site for compliance ofmitigation if remains are found



City of Berkeley,NRHP

City of Berkeley,NAHC


November 2003


4.3.6-1.The Strawberry Creek Bridge shall bedesigned by a licensed engineer and shall conform tothe seismic design standards of Caltrans and theUniform Building Code (UBC).

4.3.6-2. Prior to ground disturbance, a grading planshall be submitted to the City Public WorksDepartment for review. The grading plan shall includea construction erosion control plan with BestManagement Practices designed to minimizesediment in site runoff during construction. Theprovisions shall include: limiting the size of areasdisturbed, watering of disturbed soils twice daily,avoiding long unbroken flow paths, making drainageswales broad and flat, and routing off-site drainagearound newly disturbed areas. The grading plan shallalso have provisions for minimization of grading andexcavation and for a balance of cut and fill. Trappingsediment before it leaves the construction site wouldminimize any potential sedimentation of waterways.This would be accomplished through the use ofriprap, or siltation fencing. (Sediment fencing ispreferred over hay bales because use of hay hasbeen found to proliferate the expansion of invasiveand non-native species.) Any disturbed areas shouldbe revegetated as soon as possible once constructionis completed; where appropriate, topsoil should bestockpiled and used for the revegetation of disturbedareas. This plan shall be implemented during projectconstruction.

4.3.6-3. Earthmoving activities shall not occur duringrainy periods of the year.

LE

The City will coordinate with a licensedengineer to prepare the Bridge design

Review and approval of bridgedesign


The City will approve the grading planand ensure its implementation duringconstruction

Review and approval of gradingplan and periodically monitorfor compliance

City of BerkeleyPrior to constructionand monitor duringconstruction

The City will prepare constructionschedules outside of the rainy season

Review of schedule City of BerkeleyPrior to construction


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4.3.7-1.Excavated soils from all non-paved areasshall be handled such that dust is controlled,minimizing exposure to construction crews andrecreationalists.

4.3.7-2. Excavated and freshly exposed soils in theBerkeley Brickyard shall be tested for petroleumhydrocarbons, metals and CPOCs. Prior to disposalor reuse, any excavated soils found to containcontaminants at levels considered unsafe for humanexposure or environmental exposure shall bedisposed of appropriately. If exposed soil is found tocontain CPOCs, a layer of uncontaminated, cleansoil shall be imported and filled over the existing soilto prevent exposure of CPOCs in the surface layer.

4.3.7-3. The City shall coordinate with the CaliforniaDepartment of Toxic Substance Control (CDTSC)Voluntary Cleanup Program and take the necessarysteps to ensure proper cleanup and disposal of anycontaminated soils encountered during construction.

4.3.8-1 All necessary permits from the San FranciscoBay Regional Water Quality Control Board (RWQCB)shall be obtained before construction. A Storm WaterPollution Prevention Plan (SWPPP) shall beprepared in accordance with Section 4019(A)(1) ofthe Clean Water Act. The plan shall address controlof runoff from parking lots and other impervioussurfaces.

4.3.8-2. Renovated parking lots shall be designedwith grease traps installed in storm drains and shallbe subject to periodic maintenance.

4.3.8-3. The project shall be subject to meet allrequirements as listed in the Alameda Countwiderl",,,n \f\I"t",r Prnnr"m (Arr\f\Ip\

The City will ensure that Contractorcontrols dust

The City will coordinate with Contractorto ensure that excavated soils from theBerkeley Brickyard are tested forpetroleum hydrocarbons and metals

The City will coordinate with theContractor to ensure proper cleanup anddisposal of contaminated soils

The City will obtain necessary permitsand ensure a SWPPP is prepared

The City will ensure that all conditionsare implemented

The City will approve parking lot designs

The City will ensure storm drainmaintenance

The City will ensure design plans meetthe requirements of ACCWP

Monitor periodically During Construction City of Berkeley

City of Berkeley

City of Berkeley,CDTSC

City of Berkeley,RWQCB

City of Berkeley

City of Berkeley

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Review test results Prior to Construction

Monitor periodically During Construction

Review permits and SWPPP Prior to construction

Monitor periodically

Monitor duringconstruction

Review and approval ofparking lot design

Monitor storm drainmaintenance


During operation ofTrail

Review and approval of designplans

Prior to Construction

Bay Trail Extension to the Berkeley MarinaDesign Plan and Final Initial Study/Mitigated Negative Declaration

November 2003


Clean Water Program (ACCWP).

4.8.9-1. For the portions of the Bay Trail Extensionthat are within the Eastshore State Park,agreementsshall be formalized between the City of Berkeley andthe California Department of Parks and Recreation toallow the City of Berkeley to make improvements onState Lands.

4.8.9-2. A permit from the BCDC shall be secured forthe proposed project before construction cancommence, if necessary. The design plans for theBerkeley Bay Trail Extension and any associatedstructures shall be submitted for approval uponcertification of this Negative Declaration.

4.8.9-3. The SLC shall be consulted and any permitsor leases shall be secured, if necessary, for the Cityof Berkeley to make improvements on State Lands.

4.3.11-1. Noise control equipment shall be used onconstruction equipment (Le. mufflers) to reduce noiselevels. Impact tools should be shielded or shroudedwhen practical and all equipment should havemuffled exhaust systems.

4.3.11-2. During pile driving activities at StrawberryCove, the City of Berkeley shall place warning signsidentifying the potential for increased noise levels inthe vicinity due to construction activities. These signsshould be placed along public access routesapproximately 500 feet from the site of pile drivingactivities. This distance would reduce noise levelsgenerated by pile driving to approximately 70 dBA,which would be consistent with City of Berkeley noiseguideline

4.3.13-1. Fire access lanes through the parking lotsshall be designed to meet appropriate standards andthe guidelines of the Uniform Fire Code and the Cityof Berkeley Planning Department. Fire access routesshall be clearly identified and recognizable, be atleast 20 feet wide, have at least a 13'6" vertical

The City will make necessaryagreements

The City will obtain necessary permitsand ensure that the design plans aresubmitted for approval by the BCDC

The City will initiate consultation withSLC and ensure leases or permits aresecured if necessary.

The City will coordinate with thecontractor to ensure noise controlequipment is used

The City will place warning signs 500feet from pile driving activity

The City will ensure that parking lotdesigns comply with the Uniform FireCode and City of Berkeley PlanningDepartment guidelines

Review of agreements Prior to Construction City of Berkeley,CaliforniaDepartment of Parksand Recreation

Review of BCDC approvals Prior to construcion City of Berkeley,BCDC

Periodically monitor During construcion .The City of Berkeley

Review of parking lot design Prior to construction City of Berkeley,City of Berkeley FireDepartment


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Review of permits or leases or Prior to construction City of Berkeley,consultation SLC

Periodically monitor During construction City of Berkeley


clearance from trees, be suitable in all weatherconditions, and constructed to support the weight offire engines.

4.3.14-1. During the construction of each segment ofthe project, surrounding facilities shall remain open tothe extent feasible. Temporary, alternate entrancesand access paths shall be provided in order toprevent inaccessibility to any of the recreationalopportunities at the Marina where possible.

4.3.15-1. The maximum speed limit allowed inparking lots shall be 15 miles per hour. Signs shall beposted at the entrance of lots and within lotsindicating speed limits and warning of a congestedarea.

4.3.15-2. Final parking lot design plans that include adescription of renovated areas, new lot features,parking space and access route layout, and anyother safety and design features shall be submittedto the City for approval before build-out.

The City will ensure that temporaryalternate paths are available.

The City will ensure that speed limitsigns are posted in the parking lots

The City will approve of the final parkinglot design

Periodically monitor City of BerkeleyDuring constructionof each segment

Police casually patrol the area During projectoperation

City of Berkeley,City of BerkeleyPolice Department

Review and approval of design Prior to construction City of Berkeley


November 2003

Documents

MITIGATION AND MONITORING PLAN - California …scc.ca.gov/webmaster/ftp/pdf/sccbb/2004/0409/0409Board17...Mitigation and Monitoring Plan Table for the Bay Trail Extension to the Berkeley