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II. PROJECT DESCRIPTION

The Santa Clara Valley Water District ("District " or "SCVWD ") routinely removes sediment from streams and associated facilities to restore their capacity to carry floodwaters, and from canals to restore their water delivery function. Vegetation is routinely removed from in and around streams and canals to meet flood protection and water supply mandates, and to provide access and fire prevention. The District conducts bank protection activities to restore eroded flood protection facilities and to protect property. Also included in this program are minor maintenance activities.

Stream maintenance is required to meet the District's flood protection and water supply mandates. Cumulatively, stream maintenance is a substantial activity and expense for the District. Recently, the District drafted the Stream Maintenance Program (SMP) to provide specific program policies to effectively implement individual routine stream maintenance projects. The SMP specifies a procedure for maintenance design, field operations and mitigation that would constitute Best Management Practices (BMPs). The SMP includes a regional mitigation program to mitigate cumulative wetland and riparian impacts.

This Chapter summarizes the SMP; the full text of the SMP is published along with this Program EIR.

A. PROJECT LOCATION: THE SANTA CLARA VALLEY WATER DISTRICT

The District is responsible for water supply and flood protection in Santa Clara County, California. The District manages streams, canals, reservoirs, dams, pipelines, groundwater percolation facilities, and water treatment plants throughout the county to meet its objectives. The routine activities covered by the SMP are undertaken in streams and canals and on adjacent District property and easements. 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 (½ square mile) 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 SMP area consists of 191 streams for approximately 828 miles and 10 canals for approximately 41 miles. (See Figure II-1, Streams and Canals in District Jurisdiction; note that figures are bound together at the end of the document.)

For the purpose of this Program, "streams" are defined as natural watercourses and modified channels and canals that are within the District's jurisdiction. In this Program, streams include both the waterway and its immediate geographical corridor, including riparian corridors.

The District is divided into two major hydrologic basins draining either into the San Francisco Bay or the Monterey Bay. In the northern portion of the County, streams of the Santa Clara Basin drain to the San Francisco Bay. To the south, streams in the Pajaro River Basin drain ultimately to Monterey Bay. Streams in the northeast portion of Santa Clara County are not in an established flood control zone and are not in the jurisdiction of the District. (See Figure II-1, Streams and Canals in District Jurisdicition.) Table II-1 lists the two basins, five flood control zones, and 15 incorporated cities of Santa Clara County.

Table II-1
Flood Control Zones

Flood Control Zone

Land Area

(square miles)

Creek Length (miles)

Cities in Zone

Northwest 97 108 Cupertino, Los Altos, Los Altos Hills, Mountain View, Palo Alto, Sunnyvale
North Central 85 87 Campbell, Cupertino, Los Gatos, Monte Sereno, Saratoga, San Jose, Santa Clara, Sunnyvale
Central 175 133 Campbell, Los Gatos, San Jose, Santa Clara
East 359 259 Milpitas, Morgan Hill, San Jose
Santa Clara Basin Subtotal 716 587
South Zone

Pajaro River Basin Subtotal

370 241 Gilroy, Morgan Hill, San Jose
SMP Work Area Total 1086 828

Source: SCVWD, TRA, 3/01

Below the reservoirs, the District has active management over 523 miles of creeks, 44% of which have had some previous bank or flood protection work. This 523 mile portion of the District jurisdiction is the focus of the Program EIR.

Most District streams in urban areas have been modified to increase flood water capacity and to stabilize the banks. Modifications range from a full concrete channel to a variety of earthen channels. Table II-2 shows the major channel types in the Santa Clara and Pajaro River basins. The channels are classified as Natural +/-, mixed, or concrete. Natural (+/-) channels are unmodified or have some modification to the flood plain, but no modification of the stream channel or stream banks. Mixed channels include engineered or otherwise modified streams where the stream bottom is earthen, but banks can be a variety of modified conditions such as excavated earth, earth levees, rock, gabions, sacked concrete, or flood walls. Concrete channels have a concrete bottom and may have either concrete or earthen banks. Unclassified streams are outside of the District's Water Ways Management Model (WWMM) mapping; most of these streams are presumably natural, but that is undocumented.

District facilities require routine maintenance. The principal maintenance activities are: 1) sediment removal from creeks and associated facilities such as sediment basins, fish ladders and stream gage stations, and from water supply canals; 2) vegetation management along and adjacent to creeks and canals, and; 3) bank protection on creeks. Routine stream maintenance also includes more minor maintenance activities, such as maintenance of revegetation sites, fence repair, trash removal, removal of downed trees or other blockages from streams, and rodent control on levees. These activities are the subject of the SMP and this program EIR with the main focus being on the three principal maintenance activities.

Table II-2
Existing Channel Conditions

Channel Type a Santa Clara
Basin

(miles)
Pajaro River
Basin

(miles)
Total
(miles)
Natural (+/-) 205 103 308
Mixed 115 20 135
Concrete 78 1 79
Unclassified 190 116 306

Totals

588 240 828
Canals 41

Source: SCVWD 2001

a Channel classification based on the District's WWMM; Unclassified channels are not in WWMM and are presumably natural.

The work area subject to the SMP includes the streams, canals, and any adjacent property that the District owns or holds an easement for access and maintenance. The District does not provide maintenance on private property when no easement exists. The maintenance work area is the stream channel or canal itself, typically extending to 20 feet past the top-of-bank when access is provided, and less when access is not provided. Creeks with constructed levees may require a wider maintenance easement. The maintenance work area is typically less than the District's permitting jurisdiction, which is within 50 feet of the top-of-bank.

B. PROPOSED PROJECT

The proposed project is District adoption and implementation of the SMP. District activities under the SMP would be a continuation of past routine creek and canal maintenance activities in most of the same areas and using many of the same techniques. The difference is the SMP's comprehensive approach to managing the cost and environmental impact of maintenance which is anticipated to produce an overall benefit. The SMP will be used by District staff to ensure that routine stream maintenance practices are conducted in an efficient, consistent and environmentally sensitive manner.

1. Project Purpose

The SMP is designed to provide specific program policies to implement routine stream and canal maintenance projects in order to meet the District's flood protection and water supply mandates in a feasible, cost-effective and environmentally sensitive manner. The main objectives of preparing the SMP are to maintain flood protection and water supply facilities in the streams and canals within the District's jurisdiction to meet their original design, coordinate the various aspects of routine stream maintenance to better achieve this goal, to reduce the environmental impacts of stream maintenance, and to assist in obtaining multi-year permits for these activities.

2. Contents of the SMP

The SMP is published with this EIR and is incorporated herein by reference. The SMP was developed by District staff with the advice of an external stakeholder committee. Stakeholders are individuals or organizations who will be affected by or have an interest in the SMP. 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 SMP that reflects community interests and achieves maximum acceptance.

The Draft SMP attached contains the following Chapters:

1. Introduction. Introduction and summary of the SMP.

  1. An Overview of Stream Maintenance Activities. Overview of the extent of routine stream maintenance activities.
  2. Stream Maintenance Process Overview. Overview of the stream maintenance planning, implementation and reporting process that will be followed.
  3. Resource Protection Policies. Resource protection policies that are included in the SMP.
  4. Compensatory Mitigation. Amount and type of compensatory mitigation that is proposed.
  5. Linkages to Other Programs and Projects. Relationship of the SMP with other District planning efforts.
  6. References. Full references of documents and correspondence used in the preparation of this Program.

Important material also serving the EIR is included in several SMP appendices:

Appendix A Glossary

Appendix B Maintenance Guidelines

Appendix C Nesting Migratory Bird Procedure

Appendix D Dryback/Fish Relocation Operation Guidelines

Appendix E Programmatic Impact Assessment and Mitigation for Bank Protection Activities

Appendix F Bank Protection Locations

Appendix G Best Management Practices List

Appendix H District Use Pesticide Literature Review

3. Relationship of SMP Document to the EIR

The SMP is the proposed project which is the subject of the EIR; the SMP document appended to and incorporated into the EIR serves as the primary project description for the EIR.

A primary purpose of the SMP is to reduce the environmental impact of maintenance and to provide compensatory mitigation when needed. Thus, the SMP itself contains the mitigation for the maintenance activities its prescribes. For the purposes of the CEQA analysis, it is the District's objective that all mitigation be incorporated in the proposed program. Some impacts to stream vegetation may not be at a level of significance to require mitigation; however, the District has decided to provide mitigation for all impacts to stream vegetation from sediment removal and vegetation management activities to further its mission of protecting and enhancing natural resources along streams.

4. Relationship of SMP to the Parallel Permitting

The SMP was developed with assistance from regulatory agencies participating in the permitting process. It is the District's intent that the program and mitigation defined by the SMP would serve as the basis for state and federal permits and permit conditions. As described in EIR Section III, Plans, Ordinances and Policies, this EIR will help state and federal agencies such as the RWQCB and the Corps in complying with state and federal environmental review requirements.

5. SMP Elements

The SMP has three distinct phases: program development and documentation, implementation of annual routine stream maintenance work, and annual reporting. These are described in the SMP in Chapter 3, Stream Maintenance Process Overview.

C. STREAM MAINTENANCE

1. Purpose

To provide its flood protection and water supply functions, the District constructs or manages stream channels and canals. These facilities need routine maintenance to perform as intended. Maintenance is a critical function of the District's role protecting public safety and property. The District also does revegetation and other forms of environmental improvement as mitigation for its projects and as part of its stewardship of the streams in Santa Clara County. These environmental improvement sites also require maintenance.

Most routine maintenance addressed by the SMP is undertaken to ensure that flood capacity is maintained in existing streams. The District uses engineering criteria for modified channels to determine when maintenance is necessary (see SMP Appendix B, Maintenance Guidelines). Vegetation removal in and around the streams is done to provide adequate flood capacity, appropriate access, and fire safety. Sediment removal and vegetation management in canals restore their ability to convey water. Erosion repair and streambank stabilization are undertaken to provide for public safety and protect property, public roads, and utilities. Minor maintenance activities such as fence repair, and trash and debris removal support the functions of the three major routine stream and canal maintenance activities. The SMP contains a description of maintenance in Chapter 2, An Overview of Stream Maintenance Activities.

2. Sediment Removal

Sediment removal is the act of mechanically removing sediment deposited within a stream. Typically, sediment removal is indicated when an accumulation of sediment: (1) reduces capacity; (2) prevents facilities or appurtenant structures from functioning as intended; or (3) impedes fish passage and access to fish ladders.

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. Sediment is usually removed from modified channels. However, sediment is also sometimes removed from natural creeks on an occasional basis to provide proper functioning of outfalls, culverts, bridge crossings and stream gauging stations. Sediment is only occasionally removed from canals.

The District estimates that it removes an average of 80,000 cubic yards of sediment on about 16 miles of channel per year in Santa Clara County. The actual quantity and location will vary from year-to-year depending, in part, on rainfall of the past season. Cumulatively, sediment removal is projected for approximately 60 miles of streams, of which approximately 75 percent are earth-lined channels and 25 percent are concrete-lined channels. Sediment removal from canals is estimated to be less than 1,000 cubic yards per year. (See Figure II-2, Projected Sediment Removal Work Areas.) Table II-3 lists the extent of projected work. The extent of maintenance work is defined as the total length or area on which stream maintenance will repeatedly take place. It does not progressively add the same or different stream maintenance activities for the same reach of creek. Thus, it indicates how much creek will be affected overall.

In most cases, sediment deposition is a natural process that occurs where the stream gradient flattens out in the valley floor or where the gradient is otherwise flat over long reaches. This deposition affects flood protection capacities.

Sediment removal equipment is dictated largely by site access and the nature of the material to be removed. Typical sediment removal sites are illustrated in the accompanying photographs. The following general description applies to routine sediment removal maintenance activities from flood protection channels. These work methods are updated when new, feasible methods or types of equipment become available.

1. The work generally occurs between July 1 and October 15.

2. Equipment to be used may include excavators, draglines, gradealls, loaders, 10 cubic yard dump trucks or 20 cubic yard haul trucks, pumps, inflatable dams, and personnel transportation. The average duration of a sediment removal project is 10 days.

3. 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.

4. Sediment is disposed at a landfill or other suitable site.

Currently, the District disposes of sediment at the closer of the BFI landfill at Newby Island or the Kirby Canyon landfill near Morgan Hill. The District has contracts with these landfills through December 2001, and will be soliciting bids for new 5-year landfill contracts this year. The District is undertaking a Solids Material Management Program to develop and implement long-term strategies for managing its solid waste materials.

Stockpiling of sediment, in order to dry it out prior to hauling it to a landfill, is done only occasionally. Stockpiling can only be done when there is sufficient space to allow the temporary piling of material; however, this is not typical. Instead, dump trucks are lined with heavy plastic sufficient to avoid muddy water dripping from the sediment, and taken directly off-site. Stockpiling requires double handling of wet material, but has the advantage of reducing sediment volume and weight, which reduces hauling and dump fees.

3. Vegetation Management

Management of vegetation in and adjacent to creeks and canals is necessary to maintain the ability of channels to function as flood protection facilities and canals to transport water. Dense vegetation can adversely affect the ability of the channel to contain the flow of flood waters for which it was designed. Therefore, most flood protection facilities require some type of periodic vegetation control. Depending on the original design and the characteristics of the channel, the frequency of vegetation management varies from annually to every few years. Figure II-3 shows the Projected Channel Vegetation Work Areas. Table II-4 lists the extent of projected work.

Vegetation management for environmental purposes includes control of invasive, non-native plants. The District also uses vegetation management 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 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 on District facilities. The three basic methods of vegetation management are: 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.

Some green waste is mulched and stored for later use at a District property near Camden and Meridian Avenue in south San Jose. The balance is delivered to an area landfill that composts green waste. Tree logs are occasionally reused as "root wads", in order to create a woody debris habitat for aquatic species. This is done on a project-specific basis, and there is no location where logs are stored.

a. In-channel Vegetation Management

The 2 types of in-channel vegetation management (also called channel vegetation management) are herbicide application and hand removal. Herbicide use is described in more detail in the "Herbicides Used" section below.

Hand removal of vegetation is undertaken in a few locations where it is not possible to access the area with spray equipment. Weeds, shrubs and trees are removed by the hand removal method. Trees with a trunk diameter up to 6" dbh are removed by the hand removal technique, although the actual number of trees removed by this method is very limited. In some cases, the vegetation is sprayed with herbicides, and then approximately 6 months later, the dead material is removed by hand removal methods. This latter category of work is referred to as follow-up hand removal. Follow-up hand removal of dead vegetation is only necessary when herbicide spraying is new to an area and there is a large volume of vegetation created in the first year or two. In subsequent years, the amount of vegetative regrowth is reduced and follow-up hand removal is necessary much less frequently.

b. Upland Vegetation Management

The five types of vegetation management in upland areas are discing, mowing, herbicide application, hand removal, and removal of overhanging growth.

Upland discing occurs on upland parcels outside of the streambanks and is conducted to create firebreaks. Upland mowing consists of operating a flail mower to eliminate or reduce grasses that would cause a fire hazard during the summer. Mowing can occur from one to three times annually at each location, usually between May and October. Mowing is conducted on the inside slope of some levees or streambanks.

Upland herbicide spraying is used on levees, unpaved maintenance roads, and along some property lines. On levees, herbicides are used primarily to keep woody vegetation and broadleaf weeds from becoming established where they will interfere with flood flow capacity, damage the levees, or hinder their inspection. Weeds and grasses are sprayed on maintenance roads to clearly define and keep open the access route. Herbicide spraying along property lines assists in establishing a firebreak. Pre- and post-emergent herbicides are sprayed from a truck-mounted rig or by a controlled drop applicator.

Hand removal of vegetation is conducted in upland areas where mowers cannot access, and herbicides are either not practical due to steep terrain or not allowed. Hand removal of vegetation is generally used in upland areas along property lines to establish fire breaks. Removal of overhanging growth consists of pruning trees branches that impede access roads or hang over fence lines.

c. Extent of Vegetation Management Work

The frequency of vegetation management activities varies from semiannually to once every several years, depending on the method used. Generally, channel herbicide and channel hand removal of vegetation are conducted once every year. Channel herbicide work is conducted throughout the summer dry season whereas channel hand removal is conducted near the end of the growing season.

Vegetation management occurs in creeks, canals, and adjacent uplands. On average, vegetation management work is annually performed on approximately 4,000 acres. Within this larger work area, the targeted treatment area consists of approximately 2,000 acres. These totals include the following approximate levels of activity:

Vegetation management activities are consistent from year-to-year. Slight variations in flood protection activities occur due to weather patterns. For example, historically, increases in some work activities have occurred during drought years, with decreases in some activities occurring during flood years. This is primarily due to the scouring effects of flood flows cleaning out areas of vegetation. Right-of-way activities remain constant regardless of these weather patterns. Revegetation maintenance reduces 3 to 5 years after initial installation of a revegetation site.

Table II-3
Extent of Projected Sediment Removal

 

Work Activity

LENGTH
(miles)

WORK AREA
(acres)

VOLUME REMOVED
(cubic yards)

Stream Vegetation Impacts
(acres)

Avg Annual

Extent of Maint.

20 yrs

Avg Annual

Extent of Maint.

20 yrs

Avg Annual (cy)

Extent of Maint.

20 yrs

Fresh-water Wetland

Tidal Wetland

Riparian Vegetation

Santa Clara Basin Streams

Sediment Removal

14 47 281 59 164 1,181 73,070 206,800 1,461,400 61 29 0
Pajaro River Basin Streams

Sediment Removal

2 14 42 4 31 84 6,930 39,900 138,600 19 0 0
Total, SCVWD Streams

Sediment Removal

16 61 323 63 195 1,265 80,000 246,700 1,600,000 80 29 0

 

Note: Minor sediment removal of less than 1,000 cubic yards per year would be done in the canals.

Source: Santa Clara Valley Water District, 3/01

d. Herbicides Used

Herbicides often are more effective at controlling vegetation than mechanical or hand removal methods. This is because of the ability of the herbicide chemicals to spread into and damage the roots of the target plants, thus preventing resprouting. When treated with mechanical or hand methods, some woody plants, such as willows, will resprout with multiple stems. The multiple sprouts result in a greater flood protection problem and require annual control. With herbicides, annual retreatment is often necessary, but the treatment area is greatly reduced, as only a small percentage of regrowth will occur. As a result, the SMP would use herbicides as the primary method by which vegetation is controlled in channels and on stream banks.

Herbicides are not broadcast sprayed across the channel, but are selectively sprayed at the herbacious or woody plants targeted for removal by the design parameters of each particular stream reach. In streambeds where the removal of woody plants is required, only saplings no greater than 2" in diameter at breast height (dbh) are removed in the target area. In upland areas, herbicides are sprayed on maintenance roads to provide a clear access area and on levee slopes to eliminate broadleaf weeds.

The District staff routinely reviews new and changed herbicide formulations and changed label limitations. New products are selected and old products are discontinued due to the changing availability and suitability of the products for District use. The District uses criteria for product selection that minimize worker and public health risk and avoids environmental impact. The District will not use herbicides that are:

A variety of sources of information are available to instruct the District in its choice of herbicides. A literature review was conducted for the SMP program EIR, attached as Appendix H, Santa Clara Valley Water District, District Use Pesticide Literature Review. The literature review presents use, health and environmental information about the principal herbicide products that the District currently uses. In the future, new products will be subjected to a similar review and that information will be used, along with general product information and site-specific conditions to determine whether and how a product should be used.

The District uses herbicides according to the label directions and for uses approved by the EPA and the CDPR. Currently, the primary herbicide which the District uses to control in-channel vegetation is glyphosate, a nonselective broad spectrum herbicide. Glyphosate products include Monsanto's Roundup® Pro and Monsanto's Aquamaster® (an aquatic formulation formerly marketed as Rodeo®). Aquamaster® is approved for use on and near open water, whereas Roundup® Pro is not approved for application directly in water or to areas where surface water is present.

Pre-emergent herbicides control vegetation on levees and access roads by preventing the germination of weed seeds. The District uses a range of pre-emergent herbicides, including pendimethalin and chlorsulfuron.

The CDRP has recently proposed new restrictions on use of certain pre-emergent herbicides including several which the District uses (sulfometuron-methly, chlorsulfuron, oryzalin and isoxaben). These proposed restrictions are intended to minimize potential ground and surface water contamination. The District is currently reviewing the recent proposal and will determine whether its Herbicide Program will need to be adjusted. See chapter IV-D Hazards, Public Health and Safety for more information. Herbicides which are used by the District for routine maintenance in channel and upland areas are shown in Table II-5.

e. Herbicide Use in South County

The SMP includes the reinstatement of the use of herbicides as part of the Vegetation Management Program in the Pajaro River Basin. Herbicides are currently used as part of the Vegetation Management Program in the Santa Clara Basin, but their use was discontinued in the Pajaro River Basin (South County) at the direction of the District Board in 1974 because of complaints regarding drifting of herbicides into agricultural fields. In 1979, the District considered reinstating a Herbicide Program in the Pajaro River Basin. At that time, there was a general concern in the community over the use of herbicides, particularly the use of the herbicide 2,4-D and after public hearings, the District decided not to reinstate the use of herbicides in the Pajaro River Basin. As a result, the use of herbicides was also excluded on new federally sponsored flood protection projects on Llagas Creek in the Pajaro River Basin.

Since that time, the District has revised its Herbicide Program to address environmental, health risk and public safety concerns, but at the same time recognize that herbicides are a cost effective means for maintaining flood protection and water supply facilities. Many of the improvements made to the District's Herbicide Program are described below:

    • In 1986, the District switched to using herbicides in the sulfonylurea family which are applied at rates of ounces per acre rather than previous herbicides which were applied at rates of pounds per acre. This step not only reduced the overall amount of herbicides being applied throughout the County but also relied on using herbicides with a lower toxicity.
  • In 1988, the District went beyond State requirements and required all District employees who handle pesticides to be certified as a Qualified Applicators by the CDPR. As Qualified Applicators, these employees are trained on pesticide laws and regulations, safety, and application methods, and are required to receive annual training to keep updated in this field.
  • Likewise, even before State requirements, the District required that a District Pest Control Advisor (PCA) prepare a pesticide use recommendation for any use of herbicide on District facilities. For the District's purposes, PCAs are required to have a relevant Bachelors degree, be trained in integrated pest management and groundwater, and continue to receive 40 hours of relevant training every two years.
  • At the District, the PCA is required to conduct a field survey to assess the site conditions, types of weeds and non-target plants, surrounding land uses, and potential wildlife use prior to writing a pesticide use recommendation. This information is used to make a recommendation with detailed instructions to the applicator regarding the type of herbicide, rate, equipment, treatment area identified on a map, target vegetation, vegetation to protect, and any special instructions relevant to the site and treatment.

  • Certain types of herbicides were found as contaminants in groundwater in California's Central Valley. Although no restrictions were placed by the state on their use in Santa Clara County or on soil types found in Santa Clara County, the District voluntarily discontinued the use of certain pre-emergent herbicides on District facilities in 1993 to avoid any potential problems with groundwater. This practice continues today. PCA's receive groundwater training every two years from the CDPR and receive routine updates in changes to the regulations. Though none of the regulations currently apply to this county, the District discontinues use of products that are known groundwater contaminants in other areas of the state.
  • In 1994, the District voluntarily eliminated the use of residual pre-emergent herbicides on our groundwater recharge facilities. Today, only herbicides that are registered for use in aquatic areas are used at these locations.

Table II-5 br>Existing Annual Herbicide Use

Product

Name

Chemical Type Use Average Annual

Amount

Gallery Isoxaben Preemergent, selective to broadleaf weeds. Used on levee slopes and maintenance roads. 447 pounds
Garlon 3A Triclopyr, triethylamine salt Postemergent, selective to broadleaf weeds. Used on levee slopes. 5 gallons
Garlon 4 Triclopyr, triethylamine salt Postemergent, selective to broadleaf weeds. Used on levee slopes. 62 gallons
Oust Sulfometuron Preemergent, nonselective. Used on access roads/firebreaks. 206 ounces
Pendulum Pendimethalin Preemergent, selective to grasses. Used on access roads/firebreaks. 3,576 pounds
Aqua Master (formerly known as Rodeo) Glyphosate Postemergent, nonselective. Approved for aquatic use. Used in channels. 750 gallons
Roundup Pro Glyphosate Postemergent, nonselective. Roundup used in upland areas on maintenance roads/firebreaks. 1,021 gallons
Surflan (AS) Oryzalin Preemergent, selective to grasses. Used on access roads, firebreaks, and landscape/ revegetation areas. 1,269 ounces
Telar Chlorsulfuron Preemergent, selective to broadleaf weeds. Used on levee slopes and maintenance roads. 2,140 ounces
Transline Clopyralid Postemergent, selective to specific broadleaf families. Some minor preemergent activity. Used for control of yellow star thistle on levee slopes/upland parcels. 16 gallons
Target Pro-spreader/ activator or Wilbur-Elias R-11 spreader activator Surfactant used with Aqua Master®, Garlon, and Transline products. 310 gallons

  • In 1996, the District retrofitted its spray trucks to include the Patchen WeedSeeker. This device utilizes a light sensor attached to the front of the spray equipment that detects the presence of chlorophyll (and therefore living plants) and controls individual spray heads. Instead of spraying the entire width of a facility as the spray truck passes over it, individual spray heads are turned on only as they pass over vegetated areas. This eliminates the treatment of bare ground and reduces the amount of herbicide applied by 20 to 90 percent. This equipment is primarily limited to use on flat areas where all vegetation needs to be controlled, such as maintenance roads.

As a result of these improvements, the District is now proposing that herbicide use be reinstated in the Pajaro River Basin. Herbicides would be used on approximately 56 miles of channel in the Pajaro River Basin, 11 miles of which would be done in conjunction with sediment removal. Implementing this change would require the following actions:

  • The District's Board will need to adopt implementation of the SMP, changing the maintenance practices in the Pajaro River Basin to include herbicides as a routine maintenance tool.

  • The maintenance documents for the federally sponsored Llagas Flood Protection Projects (PL-566 projects) will require amendment by the federal sponsoring agency, Natural Resources Conservation Service (NRCS), to include this activity.

Staff has been working with the Board and the NRCS toward the implementation of this change. Both the Board and the NRCS agree this is a beneficial change.

Initial removal of trees in Llagas Creek from approximately 600 feet downstream of Highway 152 down to the confluence with the Pajaro River is not considered routine maintenance and will require separate environmental review. See Section II.C .7. Activities Not Included in SMP, c Non SMP Maintenance Projects, Item 3.

4. 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 may implement 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 beneficial uses; 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) or a combination of hard and soft structures. Bank protection also includes preventative maintenance to ensure that banks do not erode in the future. Such bank protection can reduce sedimentation and improve water quality.

Stream bank erosion is a natural process, which mostly happens during major storm events. Erosion can occur because of hydraulic forces and geotechnical instabilities, and can be accelerated by human intervention and land uses. Accelerated erosion is typically a result of particular land uses that affect the stream corridor, including grazing, agriculture, and road and utility construction. Erosion of banks can result in increased sediment deposition, which can lead to decreased flood flow capacities and potential flood hazards. Erosion on banks may also cause vegetation and soil loss, damage to private or public property, transportation and utility impacts, safety hazards, and turbidity injurious to fish and aquatic life. Levee erosion may lead to failure of the structure and flooding.

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. Repair of former work provides the opportunity to incorporate new designs with better engineering and environmental benefits. Bank protection is considered routine and is included in the SMP because it is a regular and frequent function the District must perform. The new bank work is also considered routine maintenance because it often is restoring the flood protection function of a modified channel. Typically the District conducts some form of erosion and bank repair at 30 to 50 different sites each year. Approximately 70% of bank protection work will be done on unmodified channels and 30% will be done on modified channels for the reasons cited above or to restore the modified channel design elements.

The District uses a wide range of bank protection techniques. Repairs can take several forms, ranging from the use of soft structures (i.e., willow brush mattresses, log crib walls, pole plantings) to the installation of hard structures (i.e., rock blankets, concrete, sack concrete, gabions) or a combination of hard and soft structures.

Bank protection measures that create extensive inflexible, impervious channel banks with essentially no revegetation are termed "hard," and the product is called "hardscape." Measures that retain natural earth banks and have higher capacity to support vegetation are termed "soft," and the product is called "softscape." Although the intensity of impact varies within a category and depends upon site conditions, hard methods generally limit biotic potential of a site and soft methods tend to retain biotic potential. The former have the greatest potential for adverse impacts, and the latter generally are less likely to have adverse impacts and even have the potential to improve site quality. Recognizing the potential impacts due to the exclusive use of hardscape materials, the District is committed to doing no more than 50% of future bank protection using hardscape methods. Recent designs of bank protection measures that employ hardscape materials have evolved with the emphasis of limiting such use to the extent practicable. Also, revegetating the stabilized slopes with native vegetation has become the norm wherever site conditions allow. This is especially true in unmodified channels that still retain riparian value. The methods listed here are defined and illustrated in Appendix E of the SMP. These measures are updated when new, feasible methods or types of equipment become available.

Bank Protection Techniques That Tend To Limit Biotic Potential:

  • Gabions
  • Rock blanket (includes larger rip-rap with small rock fill)
  • Sacked concrete
  • Articulated concrete mat
  • Synthetic cellular confinement

Bank Protection Techniques That Tend To Retain Biotic Potential:

  • Large boulder revetment
  • Root wads and boulders
  • Log crib walls
  • Concrete crib walls
  • Organic surface matting
  • Compacted earth fill

Based on 15 years of historical records, the District estimates that an average of roughly one linear mile of stream banks may be repaired annually. Many erosion sites are small and are not easily predicted. The quantity and location of bank protection activities varies greatly from year-to year, based on watershed conditions (heavy rains often lead to more work in the following year), degree of safety hazard, work load, budget, and quantity of other priority work to be done in a given year. The description of historical bank protection in the SMP shows that a greater concentration of bank protection occurs in cities and semi-rural foothills of the Santa Clara Valley. Actual future bank protection work could potentially be done anywhere it is needed within District jurisdiction.

Many areas receiving bank protection are devoid of native riparian vegetation as a consequence of erosion. The District's design criteria may determine that soft erosion control methods are not adequate at a particular site. Therefore, some bank protection would utilize hardscape methods, and riparian vegetation may be precluded from re-establishing. The general design criteria and cross-section for each of the bank protection methods used by the District are included in Appendix E of the SMP. In addition to those criteria, design of a particular bank protection project includes evaluation of other site specific characteristics such as bank slope, shear stress, location (such as the inside or outside of a curve), soil type, flow velocity, characteristics of the channel adjacent to the site and the available right-of-way. The site is evaluated for the repair method consistent with the characteristics of the site. Revegetation potential is also evaluated for each bank protection project. This potential is not only dependent upon the method of bank protection used, but also the physical properties of the stream where the repair is taking place.

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, 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 average duration of bank protection work is 10 working days.

Bank protection maintenance activities generally occur between July 1 and October 15, but the work can begin sooner or later than these times depending upon conditions in the field. Most often, bank protection projects are implemented in the dry season.

5. Minor Activities

Minor maintenance activities include trash removal at trash racks and more generalized locations; repair and installation of fences and gates; grading and other repairs to restore the original contour of access roads and levees; grading small areas without vegetation above stream banks to improve drainage and reduce erosion; repair of structures with in-kind materials within the same footprint (such as replacement of concrete linings, culverts, pipes, valves or similar structures); cleaning and minor sediment removal at stream gages, outfalls, culverts, flap gates, tide gates, inlets, grade control structures, fish ladders, fish screens; graffiti removal; tree pruning along maintenance roads and fence lines to provide access and to remove hazards; irrigation, weeding, replanting and other types of ongoing maintenance at mitigation sites; removal of obstructions to flow in the immediate vicinity (not to exceed 100 feet) of bridges, streamflow measuring stations, box culverts, storm drain outfalls and drop structures to maintain functions of such structures; removal of trees or branches that are in imminent danger of falling, fallen trees, and associated debris to maintain channel design capacity; and ground squirrel and rodent control with traps, smoke bombs, and pesticides.

Minor activities also include repair of existing structures with minor deviations in the configuration or filled area, including changes in materials or construction techniques providing the environmental impacts from those changes are minimal.

Rodent control is directed primarily at ground squirrels and occasionally gophers whose burrows threaten the integrity of levees, dams, or canal banks intended to retain water. The District specifies the area to be treated and the contractor selects the methods from those permissible by law and the County Agricultural Commissioner. Currently, the majority of ground squirrel control is with a grain bait treated with the rodenticide chlorophacinone.

6. Activities Not Included in SMP

a. Emergency

Routine stream maintenance does not include emergency repair. A situation is considered an "emergency" if it is a sudden, unexpected occurrence involving a clear and imminent danger that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services (Public Resource Code Section 21060.3).

b. Capital Improvement Projects

Large construction projects and Capital Improvement Projects (CIP) are not considered routine stream maintenance and are not addressed through the SMP. A routine stream maintenance activity does not alter the design flood conveyance capacity of the stream. After adoption of the SMP, all future CIP will analyze long-term maintenance impacts under separate future environmental review and any environmental effects of new CIP will be compared to the conditions currently evaluated for that reach of stream under the SMP. New mitigation for CIP will only be required if there are impacts for the same reach of creek that require new mitigation in addition to the impacts projected in the SMP. After the environmental review is completed for the new project, the SMP will be updated to incorporate any revisions to the mitigation program, and the implementation of the new maintenance and its annual reporting will be conducted in the same manner as indicated in the SMP.

c. Non SMP Maintenance Projects

The SMP and Program EIR do not address certain other District maintenance activities that are either not routine maintenance, or not located within or next to streams and canals. Activities that alter the design flood conveyance or water supply capacity of a stream or canal are not included. Maintenance of groundwater percolation ponds; instream summer dams; reservoirs and dams; pipelines outside of stream corridors; and installation/modification of new fish ladders are not included. Work conducted on private property by owners or by other agencies is not included.

d. Activities Outside of the Scope of Routine Maintenance

Although the SMP is intended to be comprehensive, there are possible channel maintenance activities that may not be accommodated by the BMPs and other programmatic mitigation proposed as part of the SMP.

The following maintenance activities are excluded from the SMP because they are located where there is insufficient environmental information, there is high environmental sensitivity, or the magnitude of the activity is greater than is reasonably considered routine maintenance:

1. Sediment removal and vegetation management on stream reaches above the 1,000-foot elevation contour which is above the reservoirs.

2. Hardscape bank protection projects which limit biotic potential and would occur in high quality fisheries habitat or existing high quality riparian habitat. Refer to Table II-8, Bank Protection: In-stream Impact and Mitigation, Table II-9, Bank Protection: Stream-side Impact and Mitigation and Appendix E of the SMP for further definition of those bank protection projects which are not covered by the SMP.

3. Initial removal of in-channel willow trees and other trees in Llagas Creek downstream of Luchessa Avenue (which is approximately 600 feet downstream of Highway 152) to the confluence with the Pajaro River. This section of Llagas Creek has not been regularly maintained as provided for in the original flood protection project design (co-sponsored by the NCRS under Public Law 566) over the past 4 to 5 years because of sighting of a nesting pair of Least Bells vireo and for other reasons. In the meantime, young trees have developed substantial growth in this section of the creek and their removal has the potential for environmental effects not within the scope of vegetation management reviewed under the SMP. For this section of Llagas Creek, the District will continue to remove trees less than 2" dbh as routine stream maintenance. Removal of trees greater than 2" dbh, as necessary to restore this section of Llagas Creek to its original design, is not considered routine maintenance and will require separate environmental review. Once this section, is restored, its subsequent routine maintenance would be covered by the SMP.

D. MITIGATION INCORPORATED INTO THE PROJECT

The SMP is intended to incorporate all actions necessary for the District to conduct needed maintenance and to reduce impact to an acceptable level. Mitigation is presented in three areas: 1) overall Policies for Resource Protection, 2) specific design and worksite practices termed BMPs, and 3) compensatory mitigation, particularly for wetlands.

1. Policies

Chapter 4 of the SMP includes 15 policies to protect resources during the implementation of routine stream maintenance activities. These policies provide guidance to District managers and staff in the environmental review, design, and implementation of individual stream maintenance projects. BMPs have been developed to implement each of these policies. (SMP, Chapter 4 and Appendix G).

2. Best Management Practices

The District has worked for several years to develop BMPs which apply generally to many different types of District work. The SMP has specifically developed BMPs applicable to routine stream maintenance, and these are incorporated into the SMP (SMP Appendix G). The approach taken in formulating the BMPs was to develop a set of design and work practices that could effectively mitigate maintenance impacts wherever the work needed to be done throughout the District. Different BMPs apply to different maintenance activities and apply differently in different parts of the District. The District will use its Geographic Information System (GIS) to apply the BMPs effectively.

3. Compensatory Mitigation

Over the long-term, the SMP has the potential to significantly affect the ecological and biological environment of Santa Clara County by cumulatively affecting wetland habitats, including tidal and freshwater wetlands and riparian habitats. Though measures in this EIR will avoid or reduce these impacts, the District acknowledges that cumulatively it would not be to a less-than-significant level if compensatory mitigation were not provided.

The SMP includes a compensatory mitigation package to compensate for the significant residual impacts of sediment removal and vegetation management on in-stream wetlands and riparian vegetation. The compensatory mitigation package includes the following components: (1) tidal wetland restoration; (2) freshwater wetland creation; (3) stream and watershed protection; and (4) control of giant reed (Arundo donax), This mitigation is described in detail in Chapter 5 of the SMP. The four components of the in-stream compensatory mitigation package are summarized in Table II-7, and proposed sites are shown in Figure II-7, Compensatory Mitigation Sites. Additionally, the SMP includes a compensatory mitigation package to compensate for the significant residual impacts of the bank protection program. This mitigation is described in detail in Appendix E of the SMP. The two components of the Programmatic Impact Assessment and Mitigation for Routine Bank Protection Activities are summarized in Tables II-8 and II-9.

Table II-7
Compensatory Stream Vegetation and Special Status Species Mitigation

Mitigation Component Location Size of Mitigation Compensates for

Impacts to:

Description Date
Tidal Wetland Restoration Pond A-4 30 acres 30 acres of tidal wetlands:
  • 29 acres from sediment removal
  • 1 acre from vegetation management
Restore diked salt evaporator pond to historical tidal marsh conditions 2006
Freshwater Wetland Creation Three sites currently identified: 14 acres of freshwater wetland in stream channels:
  • 10 acres in Santa Clara Basin
  • 4 acres in Pajaro River Basin
  • Los Capitancillos
3 acres, Santa Clara Basin Convert annual grasslands to seasonal or perennial wetlands adjacent to Guadalupe River 2002
  • Coyote Lakes Park Site 10A
7 acres, Santa Clara Basin Convert ruderal grasslands to near-perennial wetlands adjacent to Coyote Creek No date yet
  • Church Pond No. 2
4 acres, Pajaro River Basin Convert open water in inactive percolation pond to wetland bench 2003
Stream and Watershed Protection Undeveloped parcels with streams Approx. 920 to 1,210 acres 102 acres of freshwater wetlands:
  • 74 acres in Santa Clara Basin streams
  • 21 acres in Pajaro River Basin streams
  • 7 acres in canals
Preserve, protect, and improve streams and associated wetlands As lands become available in first 10 years
Giant Reed Control Throughout county 125 acres 78 acres of riparian vegetation from vegetation management:
  • 32 acres in Santa Clara Basin
  • 46 acres in Pajaro River Basin

And for lag time in implementing other mitigation components

Control giant reed outbreaks and provide associated mapping, revegetation, education, and coordination throughout county 2002-

2012


Table II-8
Bank Protection: In-stream Impact and Mitigation Matrix

Environmental Sensitivity

Bank Protection Technique Effect

Fisheries Present on Reach

In-stream Functions Methods that Tend to Retain Biotic Potential (e.g., Large boulder revetment, crib walls) Methods that Tend to Limit Biotic Potential (e.g., small rock rip-rap, gabions, sacked concrete)
High Quality Present Neutral Not Covered by SMP
Absent Benefit Not Covered by SMP
Medium Quality Present Neutral Impact
Absent Benefit Neutral
Low Quality Present Neutral Neutral
Absent Neutral Neutral
Work Measure is lineal extent of stream channel.

Environmental Sensitivity is primarily determined by fisheries values, as follows:

High Quality. Cold water fishery with trout or steelhead, warm water fishery with trout potential (DEIR fish habitat categories 5, 6, and 7).

Medium Quality Fisheries. Warm water native fishery, salmon present (DEIR fish habitat categories 3 and 4) or any reach used for steelhead migration.

Low Quality Fisheries. Warm water fishery, mostly introduced species, fish limited or no value (DEIR fish habitat categories 1, 2 and 8, but only where the reach is not used for steelhead migration).

Effects are defined as follows:

Impact = Net adverse impact; must be mitigated 1:1.

Neutral = No effect; no mitigation required.

Benefit = Net improvement; provides mitigation credit 1:1.


Table II-9
Bank Protection: Stream-side Impact and Mitigation Matrix

Existing Riparian Habitat Quality Bank Protection Project Restoration Potential
High Potential Medium Potential Low Potential
High Quality Neutral Impact Not covered by SMP
Medium Quality Benefit Neutral Impact
Low Quality Benefit Benefit Neutral
Work Measure is lineal extent of stream channel, also taking into account total area affected and number of tree stems removed.

Existing riparian habitat quality is characterized as follows:

High Quality Riparian Habitat. Sites with native overstory with continuous understory or occurring in dense thickets; dense native overstory with sparse, non-native or no understory; and native willow thickets. Site may provide overhanging escape cover and shading.

Moderate Quality Riparian Habitat. Sites with sparse native overstory with sparse, non-native or no understory; non-native overstory with native understory; and dense non-native overstory with sparse, non-native or no understory. Site may provide some overhanging escape cover and shading.

Low Quality Riparian Habitat. Sites with no or only sparse non-native overstory with sparse, non-native, or no understory. Site may provide some overhanging escape cover for fish.

Restoration Potential is characterized as follows:

High Riparian Restoration Potential. Sites where dense native overstory and dense native understory, including willow thickets where appropriate, can be readily established. Overhanging escape cover and shading can be incorporated.

Moderate Riparian Restoration Potential. Sites where sparse native overstory with moderate to dense native understory can be established. Overhanging escape cover and shading may potentially be incorporated.

Low Riparian Restoration Potential. Sites where no or only sparse native overstory and no or only sparse native understory can be established.

Impacts are defined as follows:

Impact = Net adverse impact; must be mitigated 1:1 in area; 3:1 in tree stems over 6 inch DBH.

Neutral = No effect; no mitigation required. Overhanging escape cover and/or shading must be incorporated if present in pre-project conditions.

Benefit = Net improvement; provides mitigation credit 1:1 in area. Overhanging escape cover and/or shading must be incorporated if present in pre-project conditions.

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.

Final designs for each mitigation component will be developed and submitted to the regulatory agencies for their review and approval. Detailed design is underway for several of these components, and some have received preliminary review by the regulatory agencies. Separate environmental review under CEQA will be prepared for some mitigation projects because of their own potential for creating significant physical environmental effects. Maintenance work is spread out over many years, and likewise, mitigation design and implementation will be spread out over a period of approximately 10 years.

4. Special Status Species

The avoidance and minimization measures incorporated in the project, described in SMP Chapter 4 and Appendix G, are considered sufficient to reduce most, but not all, potential impacts of the SMP on special-status species to a less-than-significant level. Residual impacts are reduced to less than significant by specific provisions in compensatory mitigation.

5. Program Adaptation and Reporting

The SMP incorporates several explicit steps for evaluating and reporting the effectiveness of the mitigation in the Program. Reference to SMP Figure 3-1, SMP Resource Protection Protocol, shows steps for monitoring work, a "lessons learned" evaluation, report to agencies, and an annual update of BMPs to improve their effectiveness. This cycle of annual evaluation and improvement makes the SMP capable of adapting to new information and changing conditions. It is expected that the full suite of resource protection policies incorporated in the SMP will allow the District to minimize environmental effects under a wide range of actual work needs.

E. PROGRAM EIR METHODOLOGY

1. Environmental Baseline

Impacts to streams in Santa Clara County began long ago with the expansion of agriculture and human settlement in the region. Modifications to stream channels pre-date the formation of the District (1952) and the environmental protection laws and regulations of the last several decades. These impacts and modifications have intensified over the years as human population and development has increased. Though the District has conducted stream maintenance activities for many years, environmental review of these activities has only occurred within the last decade, and when it has occurred, it has been on an annual basis. The SMP would allow these activities to be implemented more effectively and with more environmental sensitivity over the long term.

The environmental "baseline" is the condition described as the Environmental Setting in the EIR from which future changes and, therefore, impacts of the SMP are projected. The baseline is normally the physical environmental conditions in the vicinity of the project as they exist at the time when the Notice of Preparation of environmental review is published. However, lead agencies have the flexibility to establish other points in time as the baseline when necessary to provide a reasonable analysis.

The District has chosen the 1997 to 2000 time period as the baseline since that is the period over which the streams were surveyed and best represents current conditions. The baseline physical conditions are the conditions by which the District will determine whether an impact is significant (CEQA Guidelines Section 15125(a)). As further described in Chapter IV.B, Biology, the baseline conditions for wetlands and riparian vegetation were either surveyed or estimated in 1997 and 2000.

  • As stated in Chapter I, Introduction, if a later activity would have effects that were not examined in the Program EIR, a new EIR or negative declaration would be prepared for that activity. CEQA Guidelines gives clear direction in determining what type of "triggering mechanisms" would require subsequent environmental documentation, and §15162 (a) lists these triggers:
  • Substantial changes are proposed or occur which will require major revisions due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
  • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of preparation [of this Program EIR] shows any of the following:
      • One or more significant effects not discussed [in this Program EIR];
      • Significant effects previously examined will be substantially more severe than shown [in this Program EIR];
      • Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative;
      • Mitigation measures or alternatives which are considerably different from those analyzed in [this Program EIR] would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
  • Further, CEQA Guideline § 15168 (c)(1) states that "if a later activity would have effects that were not examined in the program EIR, a new initial study would need to be prepared leading to either an EIR or negative declaration."

2. Work Projections and Planning Horizon

The SMP is intended to establish an indefinite, ongoing District program. The SMP and the Program EIR use a 20-year planning time frame to evaluate cumulative impacts. Permits from the Corps and other agencies are expected to last for a period of 10 years, after which time the District would apply for renewal. The program will be reviewed in 10 years and the EIR amended if necessary.

The projections for future work under the SMP is based on analysis of historical data going back to 1977. All forms of maintenance show a consistent pattern, however projections of future stream maintenance activities for the SMP and Program EIR cannot represent the exact extent of work which will occur. Actual stream maintenance activities can vary from year-to-year. There may be some future routine maintenance activities which are consistent with the descriptions of work and impacts overall but which vary in location from the District's projection of work areas. Maintenance at such sites is still included in the program as long as it does not result in significant environmental effects substantially different than those evaluated for the Program as a whole.

Under CEQA, the lead agency normally limits its examination to changes in the existing physical conditions in the affected area as they exist at the time the Notice of Preparation is published unless another specific baseline is established (Sec 15126.2(a)). As a result, this EIR does not review the environmental effect or provide mitigation for the original construction of the flood protection facilities or for the maintenance which has occurred up until the time of this review. This EIR evaluates the proposed program including changes which will occur as a result of adoption of the SMP. These changes are limited to new work areas where maintenance work has not been undertaken on a frequent basis; the use of herbicides for vegetation management in the Pajaro River Basin; the incorporation of BMPs and a compensatory mitigation program to avoid and reduce environmental impacts; and the overall coordination of routine maintenance in a program, including annual review and reporting.

3. Definition of Alternatives

The proposed project is District adoption of the SMP. This EIR examines two groups of alternatives to the proposed project: 1) alternative courses of action in which the District does not adopt a SMP, and 2) alternative ways to develop a SMP. The alternatives are evaluated and described in detail in Chapter V, Alternatives.

The first group, alternatives to an SMP, include the Existing Alternative. This is considered the No Project Alternative, as defined by Section 15126(e) of CEQA. Under Existing Alternative, the District would still conduct maintenance of channels and other facilities, but would do so on a case-by-case basis with individual environmental review, as in the past. The Existing Alternative does not mean "no maintenance."

In principle, there are ways that District channels can be changed to accommodate flood flow without the present need for sediment removal or vegetation management. There are ways that erosion pressures on stream banks could be reduced. The physical factors which give rise to the need for routine maintenance are discussed extensively in supporting studies and in this EIR in Section IV. A. Geomorphology.

Present channel conditions are the result of numerous external constraints; a redesign of the channel in order to reduce maintenance requirements would be a major engineering undertaking, usually requiring substantial increase in channel right-of-way and substantial channel construction. Changes of the necessary magnitude cannot be accomplished within the scope of routine maintenance as described in the SMP. The general class of geomorphic or engineered alternatives is addressed in this EIR at a screening level of detail and eliminated from further consideration.

Alternatives in the second group, different ways to implement a SMP, are evaluated in the EIR to show the tradeoffs between amount of work, level of public benefit, extent of environmental protection and mitigation. The March 2001 version of the SMP is the proposed project subject to the Draft Program EIR (also called the Multi-Year Program Alternative). After public review, the SMP may be revised to incorporate features of the various alternative programs or in response to comments on the Draft EIR.

4. Definition of Potential for Cumulative Impact

Cumulative effects of maintenance can occur as a result of the same activities repeated at the same location, different types of routine maintenance occurring at the same location, District capital improvement projects, projects by other agencies and property owners in and adjacent to creeks, and the implementation of mitigation programs.

The SMP addresses all forms of stream maintenance over a long term, thus the Program EIR for the SMP considers the cumulative effect of stream maintenance throughout the District. Indeed, one of the main motivations for the SMP was the opportunity to deal comprehensively with maintenance impacts and mitigation on an effective regional scale.

Most of the individual maintenance activities take place repeatedly on a limited number of District channels (239 miles out of 828 miles within the District's jurisdiction). In many creek sections, both sediment removal and aquatic herbicide application are undertaken, but in different years within the facility's particular maintenance cycle. For example, sediment removal may be conducted in year one. The following year, herbaceous wetland vegetation may begin to establish where the sediment was removed. In year three, vegetation may be sufficiently established to pose a potential flood hazard, so herbicide is applied to kill the targeted vegetation. Herbicide application may continue in subsequent years. In the meantime, sediment accumulates until it eventually reaches a point where flood capacity is significantly reduced and sediment removal is again required.

There are potential cumulative environmental impacts associated with the mitigation projects, such as Los Capitancillos freshwater creation, and Pond A-4 tidal restoration, which are being done to support the SMP. Project specific environmental impacts of the mitigation projects will be addressed as part of the specific CEQA documents that will be prepared for all mitigation projects.

Table II-10 lists future District CIP projects. As discussed earlier, the SMP has a procedure for comparing CIP projects to SMP projections and for CIPs to be incorporated into the SMP.

The effects of District maintenance are also cumulative with other activities that may affect the same channels in Santa Clara County. The SMP lists several parallel programs that the District has undertaken. (See SMP Chapter 6. Linkages to Other Programs and Projects). Many of these will work cumulatively with the SMP to reduce impact on the stream system, others, such as capital improvement projects, will change the stream environment, possibly altering the type of maintenance needed. Where the nature of the cumulative interaction can be reasonably defined, this EIR addresses those parallel activities.

The District reviews and comments on new projects proposed by other agencies or property owners within 50 feet of a creek to determine if they will affect the flow of water, collect debris, or will adversely affect the ability of channel banks to carry flood waters or resist erosion (District Ordinance 83-2). The District encourages projects to be designed so as to avoid unstable bank conditions, large increases in discharge, or conditions that might cause pollution. Additionally, the District and the various cities participate in a Non-Point Source Control Program as defined in Section III-12 of this document. One of the main purposes of District review of channel encroachment and construction by others in and near channels is to prevent incorrectly designed or poorly installed work from causing channel sedimentation or bank failure. Thus, one function of the District review is to minimize the potential for cumulative impact on the creeks resulting from work by others increasing the need for routine maintenance.

In 1999 and 2000, over 400 stream related permits were issued each year by the District's Community Projects Review Unit to other agencies and property owners for culverts, outfalls, bridges, riprap, stabilization, sediment activities, utility crossings, grading and other types of construction work in or near creeks. The District is currently reviewing applications for over 75 outlet/culvert projects, bridge/road projects, bank protection projects and pipelines. Major projects which have recently been built or are under construction in streams or are under review are:

  • Bailey Avenue bridge at Coyote Creek, Route 101 for North Coyote Valley Campus Industrial Area Bailey Avenue Extension;
  • Discharging recycled water from the City of San Jose into Coyote Creek and/or Guadalupe River Request
  • Bridge plans for seismic retrofit of Lincoln Avenue Overcrossing on Almaden Expressway, Guadalupe River, Santa Clara County Transportation Agency
  • Hellyer Avenue Extension from Silver Creek Valley Road to Tennant Avenue and frontage Road construction along Coyote Creek
  • Montague Expressway widening at Berryessa Creek box culvert
  • Trimble Road bridge widening at Guadalupe River
  • King Road bridge at Upper Penitencia Creek
  • Capitol Avenue light rail bridge at Upper Penitencia Creek
  • Vasona light rail bridge across Los Gatos Creek
  • Pedestrian bridge at River Oaks at Guadalupe River
  • Willow Glen Way bridge at Guadalupe River

The amount of permits reviewed by the District varies from year to year, but these numbers indicate that many small project are undertaken in creeks by others.

Beyond the named activities, the streams of Santa Clara County are affected by numerous activities outside of the District's control. Some of the regional effects are being explored through programs such as the Watershed Management Initiative (WMI , discussed in SMP 6. B. 10. RWQCB Watershed Management Initiative ). Other regional effects are considered in this EIR in an extensive discussion of the General Plans of the cities and the County that affect Santa Clara County streams. Given the complexity of streamside land use, however, it is impossible to isolate individual projects or activities that may cumulatively impact the streams. The Program EIR defines the existing stream condition as the environmental baseline because the existing setting includes the numerous effects on streams other than maintenance.

Table II-10

Other Future District Projects in Creeks

Project Name

(Location)

Construction Dates
Adobe

(Reaches 1-5, 7-9, 11-13) (flood protection, bank protection)

2003 - 2007
Matadero/Barron Creek Remediation

(Palo Alto Flood Basin - Foothill Expressway)

(flood protection)

2003-2008
Permanente Creek

(San Francisco Bay - Foothill Expressway)

(flood protection)

2009-2016
San Francisquito Creek

(San Francisco Bay to Searsville Dam)

(flood protection)

2006-2009
San Francisquito Creek

(downstream of Hwy 101) (restore existing levee)

2002-2003
Stevens Creek Drop Structure Modifications

(upstream of Highway 85)

(fish passage)

2002-2003
Sunnyvale West Channel

(Guadalupe Slough to Hwy 101)

(flood protection)

2011-2012
Sunnyvale East Channel

(Guadalupe Slough to Interstate 280)

(flood protection)

2014-2016
Calabazas Creek

(Miller Avenue to Wardell Road) (flood protection)

2012-2014
Calabazas Creek

(Lawrence Expressway to Miller Avenue)

(revegetation)

2002-2004
Calabazas Creek

(Bollinger Bridge) (enlargement of existing bridge)

2002-2003
San Tomas Creek Repairs

(Monroe Street to Williams Road)

(repair of reinforced box culvert)

unknown
Calabazas Creek

(Comber Debris Basin) (removal of debris basin)

unknown
Lower Guadalupe River

(Union Pacific Railroad to Interstate 880)

(flood protection)

2003-2005
Downtown Guadalupe River

(Highway 880 - Highway 280)

(flood protection)

2002-2006
Guadalupe Creek Restoration

(Almaden Expressway to Masson Dam)

(creek restoration)

2002
Upper Guadalupe River

(flood protection)

2002-2007,

2012-2016

Los Gatos Creek Erosion Repairs

(Central Pipeline)

(bank protection)

2002
Los Gatos Creek Bank Stabilization

(Guadalupe River to Camden Avenue)

(bank protection)

2004-2005
Randol Creek Flood Risk Study (study) unknown
Los Gatos Creek at Gilgan

(Lincoln Avenue to Meridian Avenue)

(bank protection)

2004
Berryessa Creek

(Lower Penitencia to Piedmont Avenue)

(flood protection)

2003-2007
Calera Creek

(Berryessa Creek to Hwy 680) (flood protection)

unknown
Calera Creek

(at Union Pacific Railroad) (flood protection)

2002
Coyote Creek

(Montague Expressway to Hwy 208)

(flood protection)

2014-2016
Coyote Creek Outdoor Classroom (bank protection, revegetation) 2002
Coyote Creek

(South Bay Mobile Home Park) (flood wall)

2002
Coyote Creek

(Rock Spring neighborhood) (flood protection)

2005
Lower Silver Creek

(Reaches 1-6) (flood protection)

2002-2009
Silver/Thompson Creek

(Cunningham to Quimby Road, Lake Cunningham)

(flood protection)

2002
Upper Penitencia Creek

(Coyote Creek to King Road)

(flood protection)

2002-2004,

2007-2010

Lower Llagas Creek, Church Ponds

(Pajaro River to Buena Vista Avenue)

(flood protection, environmental cleanup)

2002-2007
South Zone Buffer Strips (revegetation) 2003-2005
Upper Llagas Creek

(Buena Vista Road and Wright Avenue)

(flood protection)

2002-2007


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