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Environmental Checklist Form

1. PROJECT TITLE: Stream Maintenance Program

2. LEAD AGENCY NAME AND ADDRESS:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose CA 95118

3. CONTACT PERSON AND PHONE NUMBER:
Ms. Cindy Roessler, Project Manager
(408) 265-2607, extension 2765

4. PROJECT LOCATION

Activities associated with the Stream Maintenance Program are undertaken in streams and canals of Santa Clara County, and adjacent property and easement of the Santa Clara Valley Water District (District). Only those streams within the District's jurisdiction are included in this program. The District's jurisdiction on a stream begins at that point where 320 acres of watershed drain to the stream, and continues downstream to San Francisco Bay or the limits of the Pajaro River in Santa Clara County. The Stream Maintenance Program area consists of 191 streams for approximately 829 miles and 10 canals for approximately 41 miles. Click here for Figure 1.1, Streams and Canals in SCVWD Jurisdiction.

5. PROJECT SPONSOR'S NAME AND ADDRESS: Santa Clara Valley Water District.

6, 7. GENERAL PLAN DESIGNATION AND ZONING

The District's jurisdiction falls within Santa Clara County and its 15 incorporated cities. District land is generally recognized as governmental or open space designations in local general plans and zoning ordinances.

8. DESCRIPTION OF THE PROJECT

Activities Covered

The Stream Maintenance Program is designed to provide long-term guidance to the District to implement routine stream maintenance projects to meet the District's flood protection and water supply mandates in a cost-effective and environmentally sensitive manner. Objectives of preparing the Stream Maintenance Program are to coordinate the various aspects of routine stream maintenance to better achieve this goal, and to assist in obtaining multiple-year permits.

The Stream Maintenance Program applies to all of the District's routine stream maintenance activities, including sediment removal, vegetation management, and bank protection. Other, more minor, routine maintenance activities include maintenance of revegetation sites, fence repair, trash removal, and removal of downed trees or other blockages from streams. Typically, routine maintenance requires the operation of heavy equipment in the channel during the dry season (summer).

Sediment Removal

Sediment removal is the act of mechanically removing sediment deposited within a stream. The District's purposes in performing sediment removal activities are to ensure that a stream will continue to provide flood capacity and to ensure that appurtenant facilities are working as designed. Typically, sediment is removed when it (1) reduces capacity, (2) prevents facilities or appurtenant structures from functioning as intended, or (3) impedes fish passage and access to fish ladders.

Typical equipment used for sediment removal includes excavators, draglines, loaders, and 10- or 20-cubic-yard dump trucks. If water must be bypassed around the site during work, water pumps and piping, and cofferdams of earth, gravel, sandbags, hay bales, rubber or other appropriate material may be used. In some cases, a bypass channel or detention basin is appropriate to isolate a site. Saturated sediments may be temporarily placed adjacent to the work site to dry out before being removed to a landfill or to other suitable disposal or reuse sites.

The District estimates that it removes an average of 80,000 cubic yards of sediment on about 17 miles of channel per year in Santa Clara County (SCVWD 2000a). This is an average annual quantity and will vary from year-to-year depending, in part, on rainfall conditions of the past season.

Vegetation Management

Management of vegetation in and adjacent to creeks is necessary to maintain the ability of channels to function as flood protection facilities. Dense vegetation can adversely affect the ability of the channel to contain the volume and velocity of flood waters for which it was designed. Therefore, most flood protection facilities require some type of periodic vegetation removal. Depending on the original design and the characteristics of the channel, the frequency of vegetation management varies from annually to every few years.

The District also plants and maintains revegetation or mitigation projects, often along creeks. In the first few years, it is important to control weeds at revegetation sites to increase the number of native trees and shrubs which survive and to more quickly establish a self-sustaining plant community which provides wildlife habitat.

The control of invasive, non-native plants is another purpose for which the District undertakes vegetation control. These plants can migrate into other areas where they can affect channel capacity as well as reduce native plant populations. Plant species are targeted that are not native to this area of California and are known to aggressively spread. This can lead to reduced channel capacity and overall habitat degradation.

The District manages vegetation for other purposes including the protection of levees, and concrete linings from plant roots; meeting local fire codes requiring the control of combustible weeds and grasses; providing visual clearance to inspect the condition of a facility; and providing access along maintenance roads.

Over the past 30 years, the District has continually revised vegetation management approaches to control vegetation on District facilities. This approach consists of balancing three basic methods: hand removal (chain saws, weed-eaters, etc.); mechanical (mowing and discing); and chemical control through the use of herbicides. A method or combination of methods is chosen for each site depending on the maintenance requirements of the facility. Efficiency, economics and the protection of public health and environmental resources are all considered in the selection of methods.

The District only uses herbicides according to the label directions and for uses approved by the United States Environmental Protection Agency and the California Department of Pesticide Regulation. Currently, the primary herbicides which the District uses are Roundup® Pro and Rodeo®. These herbicides are formulations of the chemical glyphosate, which is a non-selective broad spectrum herbicide. Rodeo® is approved for use in aquatic areas, whereas Roundup® Pro is not approved for application directly in water or to areas where surface water is present.

Other herbicides which might be used by the District are shown in the following table.
Common Name Product Name Use
Glyphosate Roundup, Rodeo Pro Post emergent, nonselective. Rodeo approved for aquatic use.
Clopyralid Transline Post emergent, selective to specific broadleaf families. Some minor pre-emergent activity.
Sulfometuron Oust Pre-emergent, nonselective
Chlorsulfuron Telar Pre-emergent, selective to broadleaf
Oryzalin Surflan (AS) Pre-emergent, selective to grasses
Pendimethalin Pendulum Pre-emergent, selective to grasses
Triclopyr Garlon (4, 3A), triethylamine salt Post-emergent, selective to broadleaf
Isoxaben Gallery Pre-emergent for broadleaf
  Target Pro-spreader/activator Surfactant
  Wilbur-Elis R-11 spreader activator Surfactant

On average, roughly 3,000 acres of vegetation management work is performed annually (equivalent to approximately 214 miles) (SCVWD 2000a). This total includes the following approximate levels of activity:


125 acres of in-stream work for flood conveyance, which includes the application of aquatic herbicide on approximately 65 acres of vegetation (native and nonnative) and 60 acres of in-stream vegetation removal using mechanical means.

 

2,700 acres of right-of-way maintenance immediately adjacent to the streams in the District's jurisdiction. These right-of-way activities include mowing, discing or hand clearing of weeds for fire prevention or access; removal of overhanging brush impeding maintenance access; and herbicide applications on roadways and firebreaks for fire prevention and access (these activities are performed twice annually). All of this work is outside of the area of innundation, is on flat areas, and generally has a buffer of grass or vegetation on the slopes between the right-of-way and the stream. This type of vegetation management is typically broad-scale vegetation management that is, vegetation management activities are not targeted on certain species or growths.


190 acres of revegetation maintenance to meet the requirements for mitigation. This type of vegetation management activity is typically spot-spraying or removal, where invasive species are targeted. Typically, vegetation management of mitigation sites is more aggressive during the early establishment period, and management is reduced as native vegetation becomes established.

Bank Protection

Bank protection involves an action by the District to repair stream banks that are eroding or are in need of preventative erosion protection. The District implements bank protection when the problem (1) causes or could cause significant damage to a property or adjacent property, (2) is a public safety concern, (3) negatively affects transportation or recreational use, (4) negatively affects water quality, or (5) negatively affects riparian habitat. Repairs may take several forms from installing "hard" structures (e.g., rock, concrete, sack concrete, gabions) to "soft" structures (e.g., willow brush mattresses, log crib walls, pole plantings). Bank protection work may either occur as repair of an existing bank protection project which is failing, or as new work along a bank which is eroding.


Equipment used for bank protection may include excavators, dozers, cranes, loaders and 10- and 20-cubic-yard dump trucks, concrete trucks, and pumps and water trucks. If water must be bypassed around the site during repair work, water pumps and piping, and cofferdams of earth, gravel, sandbag, hay bales or rubber or other suitable material may be used. In some cases, a bypass channel or detention basin is appropriate to isolate a site. Most often, bank protection projects are implemented in the dry season.


The District estimates that an average of 5,000 linear feet of banks may be repaired annually based on historical records, District experience, and current levels of funding (SCVWD 2000a). This is an average annual quantity and will vary from year-to-year.

Resource Protection

The Stream Maintenance Program includes policies and implementation measures to ensure resources are protected to the furthest extent feasible during the implementation of routine stream maintenance projects. The policies and implementation measures included in the Stream Maintenance Program address the following resource and policy areas (SCVWD 2000a):

  • Process and Protocols
  • Watershed Restoration and Management
  • Protection of Listed Species and Species of Concern
  • Fisheries Protection and Enhancement
  • Maintenance Site Dewatering
  • Minimization of Erosion
  • Preservation and Replacement of Riparian and Shaded Riverine Habitat
  • Wetlands Protection
  • Use and Management of Herbicides
  • Hazardous Material Management and Control
  • Additional Work Site Management Practices


Impacts

Over the long-term, the Stream Maintenance Program has the potential to significantly affect the environment of Santa Clara County by cumulatively affecting wetland and riparian habitats. Preliminary estimates indicate that the Stream Maintenance Program may affect 30 acres of tidal wetlands, 100 acres of nontidal wetlands, and 76 acres of riparian vegetation. The routine maintenance of canals is currently being evaluated, and these impacts will be evaluated in the EIR.

Mitigation

A mitigation package for significant residual impacts of the Stream Maintenance Program is being considered that includes a substantial investment toward the protection and enhancement of the watersheds and streams of Santa Clara County. Actions proposed to be taken include: (1) watershed and habitat protection through preservation of existing high quality habitat and restoration of damaged watershed areas; (2) restoration of riparian habitat through exotic pest plant removal (primarily giant reed, Arundo donax) and riparian revegetation; (3) creation and restoration of tidal wetlands; (4) protection of tidal wetlands through exotic pest plant removal (smooth cordgrass, Spartina alterniflora); and (5) creation and restoration of non-tidal wetlands. These actions will be coordinated so that multiple functions of the natural systems are provided or enhanced. In some cases, this may result in a concentration of mitigation actions on certain sections of a stream or streams to gain the maximum benefit to the natural values of the watersheds and streams.

9. SURROUNDING LAND USES AND SETTING

Land uses adjacent to the District's jurisdiction include low and high density residential, commercial and services, industrial, institutional, parks and recreation, and natural lands with a variety of general plan and zoning designations (Association of Bay Area Governments 1993).

10. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED

  • California Department of Fish and Game (CDFG)--Memorandum of Understanding or some other form of approval under Section 1601 of the California Fish and Game Code regarding Streambed Alterations, and review under California Fish and Game Code 2050 regarding threatened and endangered species.

  • California Regional Water Quality Control Board (RWQCB) (San Francisco Bay Region and Central Coast Regions)--Waste discharge requirement under the Porter-Cologne Act and water quality certification under section 401 of the US Clean Water Act.

  • San Francisco Bay Conservation and Development Commission--Permit for work in tidal areas as defined under the McAteer-Petris Act.

  • US Army Corps of Engineers (USACE) - An individual permit under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899.

  • US Fish and Wildlife Service and US National Marine Fisheries Service - consultation under the federal Endangered Species Act.


11. OBJECTIVES/PURPOSE OF THE INITIAL STUDY

The District as lead agency under CEQA will prepare a Program Environmental Impact Report (EIR) for the Stream Maintenance Program. The District has prepared the attached Initial Study to serve as a guide for the environmental analysis necessary in the EIR.


The current Stream Maintenance Program has been developed with the advice of an external stakeholder committee. The stakeholder process included four meetings between May 1999 and August 2000 with over 20 organizations and representatives. Stakeholders include regulatory agencies, municipalities, and environmental and business groups. Stakeholders' thoughts, questions and recommendations were solicited through a variety of forums with the goal of developing a Stream Maintenance Program that reflects community interests and achieves maximum acceptance (SCVWD 2000a).


In May 1995, the District issued two Notices of Preparation regarding routine stream maintenance work. These two projects were entitled: Routine Stream Maintenance Program - Sedimentation Removal/Erosion Control; and Routine Maintenance - Integrated Vegetation Management Program. Since 1995, the District has been working through many issues regarding routine stream maintenance, and has revised its program in response to concerns expressed by the environmental and regulatory communities. The current Notice of Preparation supercedes the 1995 Notices of Preparation.

12. ALTERNATIVES

Alternatives to the above described Stream Maintenance Program are currently under consideration. Not all of these alternatives may be evaluated in the EIR. These are briefly described below.

  • No Program Alternative - Under the No Program Alternative the existing stream maintenance program would continue. The District would need to apply for annual permits each year from the various regulatory agencies to undertake maintenance work. The use of herbicides would continue to be excluded from south county areas, no new best management practices would be implemented, and the implementation and reporting of maintenance would not be coordinated.

  • Reduced Scope of Work Alternative - The Reduced Scope of Work Alternative would reduce the amount of stream maintenance conducted, although how this would be determined and implemented has not been determined yet. It is assumed that a reduced amount of maintenance work would reduce potential significant biological impacts.
  • No Herbicides Alternative - This alternative would evaluate a Stream Maintenance Program where no herbicides will be used throughout the County. Instead, vegetation management activities would consist of hand and mechanical methods only.
  • Regional General Permit Alternative - The San Francisco Bay RWQCB and the USACE are formulating a regional general permit and a waste discharge requirement that allow removal of sediment (and associated wetland vegetation, if present) and debris in concrete channels, vegetation management activities including the use of herbicides, maintenance of structures and bank stabilization less than 500 feet in length. Work completed under conditions proposed for the general permit would be assumed to result in a less-than-significant impact, and would require no mitigation. The Regional General Permit Alternative would reevaluate the significance of impacts by the Stream Maintenance Program by these types of activities in a similar manner to that proposed by this potential regulation. It is likely that this alternative will result in an evaluation of less impacts and therefore less mitigation.
  • Alternative Baseline--The Stream Maintenance Program currently assumes that impacts to any existing wetland are cumulatively significant and mitigation will be provided. The Alternative Baseline would consider other baselines for determining the significance of impacts to wetlands and riparian vegetation. For example, the USACE Nationwide Permit No. 31 for Maintenance of Flood protection does not require mitigation for cyclical maintenance activities, with some exceptions, once a maintenance baseline as been established (Hess 1997).


13. SUMMARY OF FINDINGS

The Initial Study for the Stream Maintenance Program indicates that the proposed project could have potentially significant impacts upon the environment. A Program EIR will be prepared to address these potential effects and mitigation strategies will be presented to reduce these potential impacts.

Environmental Factors Potentially Affected

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is as "Potentially Significant Impact" as indicated by the checklist o the following pages.
X Aesthetics   Agricultural Resources X Air Quality
X Biological Resources X Cultural Resources X Geology / Soils
X Hazards & Hazardous Materials X Hydrology / Water Quality X Land Use / Planning
X Mineral Resources X Noise   Population / Housing
X Public Services   Recreation X Transportation / Traffic
X Utilities / Service Systems X Mandatory Findings of Significance

3.3 ENVIRONMENTAL IMPACTS

(Explanation of answers are found in Section 4.0-Environmental Evaluation)

Potentially

Significant

Issues

Potentially

Significant

Unless

Mitigation

Incorporated

Less Than

Significant

Impact

No

Impact

1. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? X      
b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? X      
c) Substantially degrade the existing visual character or quality of the site and its surroundings? X      
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area       X
2. AGRICULTURE RESOURCES.  In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.  Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?       X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?       X
c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use?       X
3. AIR QUALITY.  Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?     X  
b) Violate any air quality standard or contribute to an existing or projected air quality violation?     X  
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?   X    
d) Expose sensitive receptors to substantial pollutant concentrations?     X  
e) Create objectionable odors affecting a substantial number of people?   X    
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X      
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X      
c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X      
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X      
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X      
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X      
5. CULTURAL RESOURCES.  Would the project:
a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?     X  
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?   X    
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?     X  
d) Disturb any human remains, including those interred outside of formal cemeteries?   X    
6. GEOLOGY AND SOILS.  Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
a) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.       X
b) Strong seismic ground shaking?       X
c) Seismic-related ground failure, including liquefaction?       X
d) Landslides?       X
e) Would the project result in substantial soil erosion or the loss of topsoil?   X    
f) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?     X
g) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?       X
h) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water.       X
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?   X    
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?   X    
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school?   X    
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?   X    
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?       X
f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?       X
g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?   X    
h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?     X  
8. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements?   X    
b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (for example, the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?     X  
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site.   X    
d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site.   X    
e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?   X    
f) Otherwise substantially degrade water quality?   X    
g) Place housing within a 100-year flood-hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?       X
h) Place within a 100-year flood-hazard area structures which would impede or redirect flood flows?   X    
i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?     X  
j) Inundation by seiche, tsunami, or mudflow?       X
9. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?       X
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X      
c) Conflict with any applicable Habitat Conservation Plan or Natural Community Conservation Plan? X      
10. MINERAL RESOURCES.  Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X      
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X      
11. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies.   X    
b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels?     X  
c) Substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?       X
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?   X    
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?     X  
f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?     X  
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?       X
b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?      

X

c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?       X
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physical altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
a) Fire protection?     X  
b) Police protection?       X
c) Schools?       X
d) Parks?       X
e) Other public facilities?     X  
14. RECREATION. Would the project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?     X  
b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?     X  
15. TRANSPORTATION/TRAFFIC. Would the project:
a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (for example, result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?     X  
b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion     X  
c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location, that results in substantial safety risks?       X
d) Substantially increase hazards due to a design feature (for example, sharp curves or dangerous intersections) or incompatible uses (for example, farm equipment)?     X  
e) Result in inadequate emergency access?   X    
f) Result in inadequate parking capacity?     X  
g) Conflict with adopted policies, plans, or programs supporting alternative transportation (for example, bus turnouts, bicycle racks.       X
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?       X
b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction or which could cause significant environmental effects?       X
c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?       X
d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?       X
e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?       X
f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X      
g) Comply with federal, state, and local statutes and regulations related to solid waste? X      
17. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project:
a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to X      
b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects.) X      
c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?     X  

DETERMINATION: the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.  
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.    
I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.  X 
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.    
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.    


_______________________________ _______________________________
Signature Date


Cindy Roessler, Project Manager

Printed name, Title


ENVIRONMENTAL EVALUATION


The following discussion provides an analysis for the response to each question on the checklist. A preliminary review of the Stream Maintenance Program was conducted and potential impacts and mitigation were identified (SCVWD 2000a). Much of the following analysis is based on this document.

1. AESTHETICS


a) Would the project have a substantial adverse effect on a scenic vista?


Sediment removal and vegetation management remove vegetation from the channel. Depending on the aspect from the surrounding land uses, this may result in a scenic vista being temporarily changed from that of a vegetated creek to a partially vegetated or bare creek until the vegetation regrows. Large trees are not removed by these types of routine stream maintenance activities and the bottom of the channel is not always visible from adjacent land uses.


Vegetation removal along levees and maintenance roads will be limited to that necessary for facility inspection purposes, to meet regulatory requirements, to comply with fire codes, and to meet capacity requirements. If maintenance work leaves slopes in a bare soil condition, the District will plant slopes with native vegetation through hydroseeding or other vegetation methods consistent with the facility's design.


Bank protection may replace an eroded earthen bank with hard structures (i.e., rock, concrete, sack concrete, gabions) which may or may not include planted vegetation within or at the top of the bank above the structures. Occasionally, bank protection may result in the removal of a few large trees, but usually the eroded bank is unvegetated by the time an erosion problem has developed. Hard bank protection structures without plantings may change the scenic vista of a creek.


See the discussion under Biological Resources regarding the use of biotechnical bank protection methods and replanting of temporary access routes for measures which also will reduce the level of aesthetic impacts from vegetation removal.


One of the minor routine stream maintenance activities, trash and debris removal, improves the scenic vista of a creek.


b) Would the project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?


Routine stream maintenance may occur adjacent to scenic highways but it does not result in the removal of historic buildings or rock outcroppings. Large trees may occasionally be removed by bank protection. Natural-looking creeks provide a scenic resource which may be altered as described above.


c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings?


The existing visual quality of natural-looking creeks may be altered as described above.


d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?


Routine stream maintenance does not add new sources of light or glare.

2. AGRICULTURE RESOURCES


In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.


a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use?


b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?


c) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to nonagricultural use?

Routine stream maintenance does not alter existing land uses and therefore would not convert Farmlands to nonagricultural use or result in other new changes affecting Farmland.

3. AIR QUALITY


Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.


a) Would the project conflict with or obstruct implementation of the applicable air quality plan?

 

b) Would the project violate any air quality standard or contribute to an existing or projected air quality violation?


c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?


d) Would the project expose sensitive receptors to substantial pollutant concentrations?


Santa Clara County is located in the Bay Area Air Quality Management District (BAAQMD). The bay area is in attainment for all national standards, but is in non-attainment for state standards for two pollutants: ozone (one-hour standard) and fine particulate (PM10) (both annual mean and 24-hour standards).


The operation of construction equipment during routine maintenance work will result in emissions, however, this type of work is for short periods and distributed across the county at various sites. Sediment removal activities and operation of equipment on unpaved levee roads may cause dust.


In order to limit the generation of fine particulate matter (PM10) at maintenance sites, these measures shall be implemented consistently with Bay Area Air Quality Management District regulations:

  • Active maintenance areas shall be watered at least twice per day.

  • Trucks hauling sediments and other loose material shall be covered or shall maintain at least two feet of freeboard.

  • Tailgates of trucks shall be sealed.

  • Trucks shall be brushed down before leaving the maintenance site.

  • Unpaved access roads and staging areas that are being used for the maintenance activity shall be watered three times daily, or non-toxic soil stabilizers shall be applied to control dust generation.

  • Paved maintenance site access roads shall be swept when visible soil material is carried onto the roadway.

For maintenance sites greater than four acres, the following additional Bay Area Air Quality Management District Enhanced Control Measures will apply:

  • Exposed stockpiles shall be enclosed, covered, watered twice daily or created with nontoxic soil binders.

  • Erosion control measures shall be implemented to prevent silt runoff to public roadways.

e) Would the project create objectionable odors affecting a substantial number of people?


Occasionally, sediment removed from tidal areas has odors from anaerobic soils. If this material is to be temporarily stockpiled to dry before transporting, the District finds a location which is not near residents or sensitive receptors.

4. BIOLOGICAL RESOURCES


a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service?


Routine stream maintenance activities occur in and along creeks which provide habitat for listed species or species of concern. These activities place mechanical equipment in streams which can result in a direct harm to listed species. Removing wetland and riparian vegetation, temporarily drying out a section of the creek, and increasing turbidity, are other ways in which sensitive plant and wildlife species are affected. Of highest concern are the Central California Coast and South Central California Coast Ecologically Significant Units of steelhead (Oncorhynchus mykiss), California red-legged frog (Rana aurora draytonii), western pond turtle (Clemmys marmorata), clapper rail (Rallus longirostris obsoletus), and burrowing owl (Athene cunicularia hypugea). Herbicide spraying along access roads and other maintenance areas has additional potential to affect sensitive serpentine plant species including Santa Clara Valley dudleya (Dudleya setchellii), Metcalf Canyon Jewelflower (Streptanthus albidus ssp. albidus), coyote ceanothus (Ceanothus ferrisae), and Tiburon Paintbrush (Castilleja affinis ssp. neglecta).


If stream maintenance activities are within an area of known or likely listed species or species of concern, the District will avoid work during breeding or nesting seasons, migration periods, or other sensitive seasons. Work may occur during these seasons (exclusive of fisheries), if pre-construction surveys conducted according to species protocols do not find sensitive resources or if an adequate buffer can be established between maintenance activities and the resources.

For stream maintenance activities that may affect the breeding or nesting period of migratory birds (generally February 1 to August 31), the District will conduct its work in a manner consistent with the District's Nesting Migratory Bird Procedure (SCVWD 2000b).


In addition to required surveys, a District biologist shall walk maintenance sites that contain potential habitat to ensure that listed species and species of concern are not present on-site. If sensitive species are found, all work must be approved by all applicable regulatory agencies.


See the following questions regarding riparian and wetland vegetation in this section for additional measures to avoid, minimize or mitigate impacts to stream vegetation which would likewise protect or replace potential habitat for some listed species or species of concern.


Another potential impact to listed species or species of concern is from the use of herbicides. Glyphosate, the primary herbicide chemical used by the District, is a post-emergent herbicide which means it is used to control plants which have already sprouted and formed leaves and/or stems. Glyphosate works by inhibiting the synthesis of certain amino acids found only in plants. As a result, glyphosate is effective on most types of plants (non-selective). It has been evaluated by the US Environmental Protection Agency as practically non-toxic to fish, aquatic invertebrates, and honeybees, and slightly toxic to birds and humans (Forester, et al., 1997; Latka, 1992, Servizi et al., 1987, Hildebrand et al., 1982, Chapman, ND, McKee, ND, Bidwell, et al., 1995, Material Safety Data Sheet, 1995). Glyphosate does not bioaccumulate in animals, birds or aquatic species because it is highly soluble in water and is rapidly eliminated from the body (Heydens, 1991).


Glyphosate has very low persistence in the environment. It degrades rapidly once it is in contact with soil, primarily being consumed by soil microorganisms. Glyphosate has a typical half-life under field conditions of 47 days (Ahrens, 1994). A half-life is the amount of time it takes for 50 percent of the active ingredient to breakdown. Glyphosate degrades into harmless chemical compounds of carbon dioxide, water, nitrogen, and phosphate. Glyphosate readily binds with soil particles and becomes inactive, thus any product which is not adsorbed by plants is unlikely to translocate to non-target plants or be carried in an active form off-site by runoff or percolation. Glyphosate does not accumulate in soil after repeated applications over several years or within one year (Smith et al., 1992, Goure, ND).


The half-life of glyphosate in aquatic environments is less than 8 days. Glyphosate applied in aquatic environments is either absorbed by plants or it binds quickly with soil particles either suspended in the water or at the ground level. Once glyphosate is bound to soil particles, it becomes inactive.


Thus, the use of herbicide products containing glyphosate is not expected to result in toxic effects to listed species or species of concern as long as the products are used according to their product label. The effect of other types of herbicides on wildlife will be evaluated in the EIR. See the Hazards and Hazardous Materials section for additional measures regarding the use of herbicides.


b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?


Instream vegetation management involves the application of herbicide to specific types of vegetation, depending on the facility's design. Target vegetation consists of primarily either tall emergent herbaceous wetland vegetation, such as cattails and bulrush, or woody vegetation consisting of native riparian species such as willows and box elder and non-native species such as eucalyptus. The woody riparian vegetation sprayed is generally comprised of seedlings and saplings three feet tall or less; and rarely exceeding 10 feet in height. Neither sediment removal nor vegetation management results in the removal of large stature, mature riparian vegetation.

Vegetation management activities are estimated to affect approximately 76 acres of riparian vegetation over the 20-year life of the program. The mitigation program described above includes elements to compensate for these impacts (SCVWD 2000a, SCVWD 1999a).


See 4.d. regarding potential impacts to shaded riverine aquatic habitat and woody debris.


c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?


Sediment removal and vegetation management are estimated to result in the removal of 100 acres of freshwater wetlands and 30 acres of tidal wetlands over the 20-year life of the program (SCVWD 2000a, SCVWD 1999b, SCVWD 1999c). When wetlands must be removed in order to restore flood capacity, work will be limited to that required to restore the design capacity of the stream or the proper function of structures and facilities within the stream corridor.

Impacts to wetlands in canals are currently under study and will be evaluated in the EIR.


The mitigation program described above includes elements to compensate for these impacts.


d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?


The streams of Santa Clara County harbor a number of migratory fish species. The regular anadromous fish species include steelhead (Oncorhynchus mykiss) and Pacific lamprey (Lampetra tridentata). Recent records of chinook salmon (O. tshawtscha) also exist. Of these species, the steelhead are considered sensitive due to their known occurrence and recognition by regulatory agencies.


Steelhead occur in many of the streams of the South San Francisco Bay, including, but not limited to, the Guadalupe River, Coyote Creek, Stevens Creek, and San Francisquito Creek. Steelhead also occur in the tributaries of the Pajaro River System, Uvas/Carnadero Creek system, Llagas Creek system, Pacheco Creek system, and Pescadero Creek. Regular upstream migration occurs typically in winter through early-mid spring (from mid/late December through early April). Out migration of smolts (and any surviving adults) would typically occur in spring from March through May or early June.

Installation of cofferdams and water by-pass structures to isolate the work area for stream maintenance projects can create barriers to anadromous fish.

The installation of bank protection measures using mechanical equipment can result in the removal of riparian habitat, including the removal of shaded riverine aquatic habitat. Shaded riverine aquatic habitat is the aquatic area occurring along the edge of a channel or stream where the adjacent bank is composed of natural materials and supports riparian vegetation that overhangs or protrudes into the water. Shaded riverine aquatic habitat provides important habitat for fish, including sensitive anadromous species, and its removal can cause the increase in a stream's temperature and an associated decrease in dissolved oxygen, creating adverse conditions for cold-water fish. In addition, installation of bank protection measures can result in the loss of undercut banks, which provide important habitat for fish, including sensitive anadromous species.

If sediment removal results in increased sedimentation in the channel, it can negatively affect aquatic communities by clogging fish gills and spawning gravels, and suffocating fish eggs and aquatic insect larvae.

Potential impacts to steelhead will be avoided by timing stream maintenance projects in streams where there are or could be steelhead so that work is conducted outside of the migration and spawning season. Steelhead migration and spawning season is generally between December 15 to June 1.

If fisheries or native aquatic vertebrate are present, a fish and native aquatic vertebrate relocation plan will be implemented when cofferdams, water bypass structures, and silt barriers are installed to ensure that fish and native aquatic vertebrates are not stranded (SCVWD 1999d).

The District will allow undercut banks to remain in place for fish habitat, as long as they remain stable and do not endanger the public. The District will utilize biotechnical bank protection methods that allow restoration of riparian streambank vegetation and SRA habitat. Projects where bank protection is to be performed will be evaluated for the "softest" repair method possible given the conditions of the site.

The removal of stream vegetation by routine maintenance activities could remove cover which is utilized by other wildlife species, such as birds, for migration or daily movements. See 4.b and 4.c. for measures to avoid, minimize and compensate for the removal of riparian and wetland vegetation.

Woody debris (fallen trees, roots and branches) provides habitat for fish. Woody debris is removed by routine removal of trash and debris from channels. Woody material in the channel will be retained unless it is threatening a structure, results in flood capacity deficiencies, or impedes reasonable access. When retention will not compromise flood management system reliability, woody vegetation will be left on the south side of east/west streams and the west side of north/south streams to maintain Shaded Riverine Aquatic habitat. When woody material is removed, priority will be given to reuse of the materials in bank protection projects. Woody materials may also be used as mulch.


e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?


Large trees are generally not removed by the sediment removal and vegetation management activities, however, sometimes removal of trees is required by bank protection projects. Routine stream maintenance work may be inconsistent with some general plan policies regarding retention of creekbeds and riparian corridors in their natural state, and heritage tree ordinances regarding the removal of trees.


f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?


There are two Habitat Conservation Plans in Santa Clara County. Pacific Gas and Electric Company prepared a Habitat Conservation Plan to cover checkerspot butterfly and other species along a power line route at the Santa Teresa Hills in San Jose. The other Habitat Conservation Plan covers salt marsh species on a building site in Alviso. The EIR will determine if any routine maintenance activities will conflict with these plans. There are no Natural Community Conservation Plans or other forms of habitat conservation plans in Santa Clara County.

5. CULTURAL RESOURCES


a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?


b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?

c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

d) Would the project disturb any human remains, including those interred outside of formal cemeteries?


Routine stream maintenance activities do not result in removal of structures (except for contemporary bank structures which are to be replaced), therefore, no historical buildings or other types of historical resources are affected. Routine stream maintenance removes sediment which has been recently deposited, thus archaeological resources, which usually occur in intact, undisturbed deposits, would not be affected. Occasionally, archeological remains may be washed into a creek where they might be disturbed by sediment removal activities or other types of routine stream maintenance. Bank protection activities may cut into banks or channel bottoms which have not formerly been disturbed and this may affect archeological resources.

If any archaeological or historic materials or objects are unearthed during the implementation of stream maintenance projects, all work in the immediate area shall cease until a qualified archaeologist has evaluated the finds. The District shall comply with recommendations of the archaeologist regarding the protection of archaeological or historic resources prior to recommencing work in the vicinity of the find.

In the event that human remains are encountered, excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains shall temporarily cease. The Santa Clara County Coroner shall be contacted and appropriate measures implemented. These actions would be consistent with the State Health and Safety Code Section 7050.5, which prohibits disinterring, disturbing, or removing human remains from any location other than a dedicated cemetery.

6. GEOLOGY AND SOILS

a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

b) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking?

c) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction?

d) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?

Routine stream maintenance activities do not affect or increase hazards associated with large scale geologic processes such as earthquake faults, seismic shaking and ground failure or landslides.

e) Would the project result in substantial soil erosion or the loss of topsoil?

Vegetation control and removal on slopes of levees and maintenance roads via herbicides or mowing can exacerbate erosion and sediment accumulation.

Vegetation control and removal will be minimized to the extent practicable. Where appropriate, measures will be taken to leave the work site in a vegetated condition after individual projects are implemented. Vegetation control and removal along levees and maintenance roads will be limited to removal necessary for facility inspection purposes, removal that is necessary to meet regulatory requirements, removal that is required to comply with fire codes, and removal that is required to meet capacity requirements.

If maintenance work leaves slopes in a bare soil condition, the District will plant slopes with native vegetation through hydroseeding or other vegetation methods as identified as appropriate in the Maintenance Guidelines.

Areas that must be temporarily cleared for access to routine stream maintenance project sites will be replanted with native species appropriate for the site.

f) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?

Creek systems are inherently dynamic in the sense that creek bottom elevations and side slopes may adjust due to storms or changes in surrounding land uses. Routine stream maintenance may contribute to this process by removing vegetation, changing channel bottom contours, and causing downstream deposition. In particular, vegetation removal may actually accelerate the need for bank protection and sediment removal in some areas. These effects would be limited to the channel area, however, and would not contribute to off-site landslides, lateral spreading, subsidence, liquefaction or collapse.

g) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?

h) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?


Routine stream maintenance does not involve either building on expansive soils or the use of septic tanks or waste water disposal systems.

7. HAZARDS AND HAZARDOUS MATERIALS

a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?

b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school?

d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?

Mechanical removal of stream sediment and grading associated with bank protection can result in the in-channel release of hazardous materials if sediments or bank materials are contaminated. In addition, the stockpiling or other storage of contaminated sediments can also result in the release of hazardous materials. The improper use of herbicides can also result in the accidental release of hazardous materials.

The District will implement measures to ensure that hazardous materials are properly handled and the quality of water resources is protected by all reasonable means when removing sediments from the streams.