HomeMy WebLinkAboutStaff Report 6.A 04/03/2017DATE: April 3, 2017
Agenda Item #6.A
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Ge J ASCE — Director, Public Works & Utilities
Carothers, P.E. — Operations Manager
Olivia Ervin — Environmental Planner
SUBJECT: Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for the Citywide Creeks Maintenance Plan
RECOMMENDATION
It is recommended that the City Council approve a Resolution Adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the Citywide Creeks
Maintenance Plan.
BACKGROUND
The City of Petaluma Public Works and Utilities Department seeks to carry out routine
maintenance activities on select creek and drainage channel reaches in order to maintain and
restore flood level flow capacities. The City and Sonoma County Water Agency (SCWA) share
maintenance responsibilities and provide most of the ongoing maintenance of creeks Citywide
for stormwater management purposes. In some places, SCWA is responsible for maintaining
certain creek and channel bottoms, while the City maintains banks and areas outside the channel
These joint activities are carried out under the County's Stream Maintenance Program for Zone
2A. The Stream Maintenance Program for Zone 2A is captured under SCWA's umbrella Stream
Maintenance Program Manual for which a Program Level Environmental ImpactPlan was
certified in 2009. SCWA's Stream Maintenance Manual and EIR provide the documentation
upon which state and federal regulatory agencies issue ongoing permits, certificates and
approvals for routine maintenance of the local creeks.
The City has prepared the Citywide Creek Maintenance Manual and associated Initial
Study /Mitigated Negative Declaration in order to establish a mechanism that streamlines
permitting, approvals and regulatory compliance for the ongoing maintenance of creeks
Citywide. The City has not undergone a similar permitting process in the past and consequently
some areas along creeks have not been adequately maintained.
SCWA will perform maintenance activities of co- maintained areas, while areas outside of the
stream channel, e.g. banks and top of bank, will be maintained by the City. Reaches with
overlapping maintenance responsibility include the following:
• Corona Road Channel Reach #1
• Corona Creek Reach #1 -3
• Capri Creek Reach #1 -2
• Washington Creek Reach #2
• East Washington Creek Reach #1
The City of Petaluma currently maintains creeks and streams on a case -by -case basis and works
collaboratively with the SCWA and the Sonoma County Department of Transportation and
Public Works for regional flood conveyance. Presently, creek management activities under
Petaluma's jurisdiction occur on a spot basis and require individual permits and processing
through the regulatory agencies for each maintenance task. Currently, the City maintenance of
channel or creek jurisdictional waters requires individual permits from each regulatory agency.
City staff has filed and obtained permits for sediment removal, vegetation removal, and bank
stabilization in the past.
DISCUSSION
In an effort to streamline the regulatory process, a Routine Maintenance Agreement Application
was submitted to the California Department of Fish and Wildlife (CDFW) in June 2015. On July
20, 2015, City staff met with representatives of state and federal agencies to discuss the
permitting process and received input on areas of concern. The Regional Water Quality Control
Board (RWQCB) representative requested that a procedures manual be developed that identifies
best management practices, maintenance methodology and approaches to be utilized for ongoing
maintenance activities. In July 2015, the CDFW issued an Incompleteness Letter requesting
revisions to the application, a biological study, and an environmental review document.
To address regulatory agencies' comments, and to establish a routine stream maintenance permit
similar to that utilized by SCWA, a Citywide Creeks Maintenance Manual, which provides the
implementation framework, was prepared. An associated Initial Study (IS) was completed in
accordance with the California Environmental Quality Act (CEQA) and culminated in a
Mitigated Negative Declaration (MND). The Manual and IS /MND are informed by a biological
study and a cultural resources study as requested through the various consultation processes.
The Citywide Creeks Maintenance Plan (CCMP) identifies periodic and ongoing maintenance
activity. While envisioned as a five -year plan, it may be extended for an additional five years
with approval of the regulators. The CCMP will be revisited annually to identify each year's
maintenance and management activities such as sediment removal, vegetation management, and
trash abatement. The CCMP also includes maintenance of access roads, dewatering, and culvert
repair. The five main objectives of the CCMP are:
1. Provide surface drainage and flood protection services to reduce flood hazards and
potential property damage.
2. Conserve and enhance existing riparian habitat.
3. Preserve the design conveyance capacity of the surface water drainage system.
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4. Improve natural hydrologic functions including groundwater recharge and water quality
by implementing best management practices.
5. Establish a mechanism that streamlines permitting, approvals and regulatory compliance.
The following creeks and reaches are identified below where maintenance activities will occur.
A location of the creek reaches is included as Figure 3 in the CCMP:
Corona Creek: Reaches 1, 2, and 3
Corona Road Channel: Reach 1
Capri Creels: Reaches 1 and 2
Lynch Creek: Reaches 1, 2, 3, and 4
Washington Creek: Reaches 1 and 2
East Washington Creek: Reach 1
Channel near Airport: Reaches 1 and 2
Adobe Creels: Reaches 1 and 2
Shollenberger Park Creek: Reach 1
Marina Channel: Reaches 1 and 2
Lakeville Channel
Thompson Creek: Reach 1
Kelly Creek: Reach 1
Petaluma River Downtown: Reaches 1 and 2
Petaluma River at Corona Bridge
In accordance with CEQA, an Initial Study was prepared to address the project's potential effects
on the environment. The Initial Study did not identify any significant environmental effects. For
all potentially significant effects, mitigation measures reducing their severity to a less than
significant level were developed and are reinforced by Best Management Practices set forth in
the CCMP. An IS/MND was circulated for a thirty (30) day public review period between
January 12, 2017 and February 13, 2017.
The Planning Commission reviewed the CCMP and associated IS/MND on February 14, 2017
and provided the following comments:
• Collaborate with local non - profits such as the United Anglers of Casa Grande.
• Explore opportunities to further integrate restoration/enhancement
• Clarify that the use of herbicides will be limited and considered only after all other
options have been exhausted.
• Encourage integration of latest literature into the CCMP as updates occur.
The Planning Commission unanimously adopted the resolution recommending that the City
Council adopt a mitigated negative declaration for the Citywide Creeks Maintenance project. In
response to input from the Planning Commission hearing, staff updated the CCMP and
performed outreach with the United Anglers per the Commission's comments, as shown in
Attachment 2.
As proposed, the CCMP hu-thers the objectives, goals, policies and programs identified in the
City's General Plan and River Access and Enhancement Plan by establishing a process for the
routine and ongoing management of creeks.
FINANCIAL IMPACTS
The approval of the Citywide Creeks Maintenance Plan and approval of an Initial Study/
Mitigated Negative Declaration for the Citywide Creeks Maintenance Plan is consistent with
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current practices and budgets adopted for compliance with the maintenance activities; therefore,
there are no additional fiscal impacts on the City's budget.
ATTACHMENTS
1. Resolution to Adopt a Mitigated Negative Declaration
2. Exhibit A: Mitigation Monitoring and Reporting Program
3. Response to Comments on Citywide Creeks Maintenance Manual
4. Planning Commission Staff Report, February 14, 2017
Is
Attachment 1
RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CITYWIDE
CREEKS MAINTENANCE PLAN
WHEREAS, the City desires to enter into routine stream maintenance agreements and
permits with regulatory agencies to continue to perform stream and channel maintenance; and
WHEREAS, the City has developed a Citywide Creeks Maintenance Plan and Citywide
Creek Maintenance Manual to support the application to the regulatory permits; and
WHEREAS, the City prepared an Initial Study for the proposed Project consistent with
CEQA Guidelines § 15162 and § 15163 and determined that a Mitigated Negative Declaration
(MND) was required in order to analyze the potential for new or additional significant
environmental impacts of the Project beyond those identified in the General Plan EIR; and
WHEREAS, in evaluating certain potential environmental effects of the Project in the
Initial Study, including but not limited to effects of climate change, water supply, and traffic, the
City relied on the Program EIR for the City of Petaluma General Plan 2025, certified on April 7,
2008 (General Plan EIR) by the Petaluma City Council with the adoption of Resolution No.
2008 -058 N.C.S., which is incorporated herein by reference; and
WHEREAS, the General Plan EIR identified potentially significant environmental
impacts and related mitigation measures and the City also adopted a Statement of Overriding
Considerations for significant impacts that could not be avoided; and
WHEREAS, on or before February 14, 2017, the City's Notice of Intent to Adopt a
Mitigated Negative Declaration based on the Initial Study, providing for a 30 -day public
comment period commencing January 12, 2017 and ending February 13, 2017 and a Notice of
Public Hearing to be held on February 14, 2017 before the City of Petaluma Planning
Commission, was published and mailed to all interested parties having requested special notice
of said proceedings; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February
14, 2017, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission considered the Project, the MND, the supporting
Initial Study, the staff report dated February 14, 2017 analyzing the MND and the Project,
received and considered all written and oral public comments on environmental effects of the
Project which were submitted up to and at the time of the public hearings, and made
5
recommendation to the City Council to approve the Citywide Creeks Maintenance Project and
Adopt the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Based on its review of the entire record herein, including the MND, the Initial Study, all
supporting, referenced and incorporated documents and all comments received, the City
Council finds that there is no substantial evidence that the Project as mitigated will have a
significant effect on the environment, that the MND reflects the City's independent
judgment and analysis, and that the MND, Initial Study and supporting documents
provide an adequate description of the impacts of the Project and comply with CEQA, the
State CEQA Guidelines and the City of Petaluma Environmental Guidelines.
2. City Council hereby adopts a Mitigated Negative Declaration for the Citywide Creeks
Maintenance Plan.
3. The City Council hereby adopts the Mitigation Monitoring and Reporting Program, as
included as Exhibit A and finds that implementation of the mitigation measures included
mitigates or avoids significant environmental effects.
4. Directs staff to authorize and execute documents pertaining to the application and
permitting for continued creeks maintenance under routine maintenance agreements with
regulatory agencies.
on
Attachment 2
Exhibit A to Resolution
City of Petaluma, California
Community Development Department
85a Planning Division
11 English Street, Petaluma, CA 94952
Project Name: CITYWIDE CREEKS MAINTENANCE PLAN
Address /Location: Citywide - on various segments of the following creeks: Corona Creek, Corona Road
Channel, Capri Creek, Lynch Creek, Washington Creek, East Washington Creek, Channel
near Airport, Adobe Creek Bridge, Adobe Creek, Shollenberger /Adobe Creek, Marina
Channel, Lakeville Channel, Thompson Creek, Kelly Creek, Petaluma River Downtown,
and Petaluma River at Corona Bridge.
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Section
21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA Guidelines. This
document has been developed to ensure implementation of mitigation measures and proper and adequate
monitoring /reporting of such implementation. CEQA requires that this MMRP be adopted in conjunction with
project approval, which relies upon a Mitigated Negative Declaration.
The purpose of this MMRP is to: (1) document implementation of required mitigation; (2) identify
monitoring /reporting responsibility, be it the lead agency (City of Petaluma), other agency (responsible or
trustee agency), or a private entity (applicant, contractor, qualified specialist, or project manager); (3)
establish the frequency and duration of monitoring /reporting; (4) provide a record of the
monitoring /reporting; and (5) ensure compliance.
The following table lists each of the mitigation measures adopted by the City in conjunction with project
approval, the implementation action, timeframe to which the measure applies, the monitoring /reporting
responsibility, reporting requirements, and the status of compliance with the mitigation measure.
MMRP Checklist
The following table lists each of the mitigation measures adopted by the City in connection with project
approval, the timeframe to which the measure applies, the person /agency /permit responsible for
implementing the measure, and the status of compliance with the mitigation measure.
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Creeks Maintenance Plan - City of Petaluma
MITIGATION MEASURES
Biological Resources
B10 -1: Prior to activities occurring within the specified Creek or Channel Reaches as identified in Table 3 -1 below,
pre- maintenance protocol surveys shall be conducted during the blooming period by a qualified specialist. In
the event that listed rare plant species are identified, the literal extent shall be flagged and avoided during
work activities. Should the plant be identified within the immediate work area, then consultation with
USFWS shall occur to modify the work plan in a fashion that protects rare plant species. In the event that
suitable habitat for rare .plant is permanently impacted, and onsite restoration is infeasible then
compensatory mitigation at an appropriate ratio as determined by the regulatory agencies shall be acquired.
Table 3 -1: Plant Protocol Survey Locations
Rare Plant Species Potentially Present
Creek or Channels Reaches where Potentially
California red - legged frog
Present
Soft bird's beak
Adobe Reach 2
(Chloropyron molle ssp. molle)
Marina Channel Reach 1
(blooming period July- November)
Shollenberger Creek Reach 1
Congested- headed hayfield tarplant
Lynch Creek Reach 1
(Hemizonia congesta ssp. congesta)
Channel Near Airport Reach 1 and 2
(blooming period April- November)
Kelly Creek Reach 1
Sonoma Alopecurus
Lynch Creek (Reaches 1 -4)
( Alopecurus aequalis var. sonomensis)
(blooming period May -July)
BIO -2: For all ground disturbance and sediment removal activities occurring within the specified Creek or Channel
Reaches as identified in Table 3 -2 below the following measures shall be implemented to protect red - legged
frogs:
Table 3- 2: Red - Legged Frog Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
California red - legged frog
Corona Creek Reach 1
(Rana draytonii),
Lynch Creek Reach 1- 4
Washington Creek Reach 1
Adobe Creek Bridges
Adobe Creek Reach 1
Thompson Creek Reach 1
Kelly Creek Reach 1
1. For ground- disturbing maintenance activities occurring in areas where California red - legged frog (CRLF)
has been identified as potentially occurring (see Table 3 -2), a qualified biologist will conduct pre -
maintenance surveys to assess habitat within the proposed maintenance area.
2. If suitable breeding or foraging habitat is present then focused surveys using the USFWS CRLF survey
protocol will be completed or CRLF presence will be assumed. The USFWS will be contacted and any
site - specific recommendations will be implemented.
14
Creeks Maintenance Plan - City of Petaluma
3. If CRLF are present or assumed present, a qualified biological monitor, or a biologist with a permit, will
inspect the area daily before the start of work and will be present during maintenance activities in
sensitive habitats. If appropriate, exclusionary fencing will be installed.
4. In the event that a CRLF is encountered within the maintenance area, the USFWS Sacramento Field
Office will be contacted within 48 hours of any CRLF observations, and a qualified biologist will move the
frog to a safe location outside of the project area. Actions taken to move CRLF will be consistent with
applicable USFWS and CDFW regulations and permits. The biological monitor will have the authority to
stop work if a CRLF is encountered until such a time as the frog may be moved to an area outside of the
project area fencing.
5. If dewatering of a creek is required, dipnet and seine surveys for CRLF tadpoles will be completed prior
to initiation of dewatering. Captured tadpoles will be moved to a safe location elsewhere in the creek.
BIO -3: For all vegetation maintenance activities occurring within the specified Creek or Channel Reaches as
identified in Table 3 -2 above the following measures shall be implemented to protect red - legged frogs:
1. For vegetation maintenance activities occurring in areas where CRLF frog has been identified as
potentially occurring (see Table 3 -2 above), a qualified biologist will conduct pre- maintenance surveys of
aquatic habitats and identify potential CRLF breeding and foraging areas. These areas will be flagged and
avoided by maintenance crews.
2. In areas where CRLF could potentially occur, field crews conducting hand trimming of vegetation will
access channel banks by foot only and will avoid entering open water. Vehicles will be restricted to
existing access roads.
3. In work sites where potential CRLF breeding and foraging areas were identified during the pre -
maintenance survey, a qualified biological monitor or a biologist with an Incidental Take Permit, will be
on -site during project activity in sensitive habitats. The biological monitor will have the authority to stop
work if a CRLF (or any of its life stages) is encountered until such a time as the frog may be moved to an
area away from the project site.
4. The USFWS Sacramento Field Office will be contacted within 48 hours of any CRLF observations.
BIO -4: For all ground disturbance and sediment removal maintenance activities occurring within the specified
Creek or Channel Reaches as identified in Table 3 -3 below the following measures shall be implemented to
protect California giant salamander and yellow - legged frogs:
Table 3- 3: California Giant Salamander and Yellow- Legged Frog Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
Foothill yellow - legged frog
Adobe Creek Bridges
(Rana boylii)
Adobe Creek Reaches 1 and 2
Washington Creek Reach 1
California giant salamander
Lynch Creek Reach 1 -4
(Dicamptodon ensatus)
Corona Creek Reach 1
1. For ground- disturbing activities occurring in areas where foothill yellow - legged frog and California giant
salamander have been identified as potentially occurring (see Table 3 -3), a qualified biologist will
conduct pre- maintenance surveys to assess habitat within the proposed maintenance area.
15
Creeks Maintenance Plan - City of Petaluma
2. A qualified biologist will inspect the maintenance area daily before the start of work. If appropriate,
exclusionary fencing will be installed. In the event that foothill yellow - legged frogs or California giant
salamander are encountered within the maintenance area, a qualified biologist will move the observed
species to a safe location outside of the maintenance area. Actions taken to relocate California giant
salamander or foothill yellow - legged frog will be consistent with applicable CDFW regulations and
permits.
If dewatering a creek segment is required, a qualified biologist will conduct visual and dipnet surveys
and move captured salamanders, frogs and tadpoles to a safe location in the creek. Actions taken to
move California giant salamander and foothill yellow - legged frog will be consistent with applicable
CDFW regulations and permits.
4. CDFW will be notified within 48 hours of any California giant salamander or foothill yellow - legged frog
observations.
BIO -5: For all vegetation maintenance activities occurring within the specified Creek or Channel Reaches as
identified in Table 3 -3 above the following measures shall be implemented to protect California giant
salamander and yellow - legged frogs:
For vegetation maintenance activities occurring in areas where foothill California giant salamander and
yellow - legged frog has been identified as potentially occurring (see Table 3 -3), a qualified biologist will
conduct pre- maintenance surveys of aquatic habitats and identify potential California giant salamander
and foothill yellow - legged frog breeding and foraging areas. These areas will be flagged and avoided by
maintenance crews.
2. Based on surveys, if California giant salamander or foothill yellow - legged frog are identified as
potentially present, then field crews will access channel banks by foot only and will avoid entering open
water. Vehicles will be restricted to existing access roads.
BIO -6: For all ground disturbance activities occurring within the specified Creek or Channel Reaches as identified in
Table 3 -4 the following measures shall be implemented to protect western pond turtles:
Table 3- 4: Western Pond Turtle Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
western pond turtle
Corona Creek Reach 1, 2 and 3
(Actinemys marmorata)
Petaluma River at Corona Bridge
Capri Creek Reach 1 and 2
Lynch Creek Reach 1- 4
Petaluma River Reach 1 and 2
Washington Creek Reach 1 and 2
East Washington Creek Reach 1
Adobe Creek Bridges
Adobe Creek Reach 1 and 2
Shollenberger Creek Reach 1
Marina Channel Reach 1 and 2
Thompson Creek Reach 1
Kelly Creek Reach 1
1. For activities located in areas where western pond turtle has been identified as potentially occurring
Ift
Creeks Maintenance Plan - City of Petaluma
(see Table 3 -4 above), a qualified biologist shall conduct pre- maintenance surveys to assess habitat
within the proposed maintenance area.
2. If suitable instream habitat for the western pond turtle is present in the maintenance area, a qualified
biologist shall inspect the maintenance area daily before the start of work. In the event that a western
pond turtle is encountered before or during the maintenance activity, a qualified biologist shall move
the turtle to a safe location outside of the work area. Actions taken to move western pond turtle will be
consistent with applicable CDFW regulations and permits.
If dewatering of a creek segment is required, a qualified biologist shall be present and shall relocate
turtles — if found —to a safe location in the creek. Actions taken to move western pond turtle shall be
consistent with applicable CDFW regulations and permits.
4. CDFW shall be notified within 48 hours of any western pond turtle observations.
1310 -7: For all vegetation management activities or sediment removal occurring within the specified Creek or
Channel Reaches as identified in Table 3 -5 the following measures shall be implemented to protect salt-
marsh harvest mouse:
Table 3- 5: Salt -Marsh Harvest Mouse Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
salt -marsh harvest mouse
Marina Channel Reach 1
(Reithrodontomys raviventris)
Shollenberger Reach 1 and
Adobe Creek Reach 2
1. For activities located in areas where salt -marsh harvest mouse (SMHM) has been identified as
potentially occurring (see Table 3 -5), maintenance activities shall utilize hand tools.
2. Work activity shall be limited to periods of low tide.
3. Where vegetation removal will occur, a qualified USFWS and /or CDFW approved biological monitor shall
be present onsite during all activities to observe work and halt maintenance to prevent injury or death
of mice. If mice are observed work shall be halted within 50 feet of the occurrence and suspended until
the animal has vacated the area on its own.
4. All construction and staging areas where salt marsh habitat is to be disturbed shall clear vegetation to
bare ground. Vegetation removal shall start at the edge farthest from the largest contiguous salt marsh
area and work its way towards the salt marsh, providing cover for SMHM and allowing SMHM to move
towards the salt marsh as vegetation is being removed.
5. The upper 6 inches of soil excavated within salt marsh habitat will be stockpiled separately and replaced
on top of the backfilled material.
6. Vehicle access shall be limited to existing roads and pathways. No travel on or over vegetation shall be
permitted.
7. In the event that heavy equipment is required, then all vegetation within the work area shall be
removed to bare ground under the direction of the qualified biologist. Vegetation shall be stockpiled for
re -use as ground cover following completion of maintenance activities. The qualified biologist shall
17
Creeks Maintenance Plan - City of Petaluma
inspect the vegetation prior to removal to determine if SMHM nests are present. If a nest with non -
mobile young is present, then work shall cease until the qualified biologist determines the young are
capable of leaving the area. Vegetation shall be cleared with hand tools (non - mechanical) starting from
the center of the work area to allow mice to move away from the work area. Once the vegetation is
removed, then the area shall be fenced off to prevent mice from reentering the area. The qualified
biologist shall inspect the site prior to start of work each day to ensure there are no mice present and to
confirm the fence is functioning as required. Upon completion of work, the fence shall be removed and
stockpiled vegetation shall be redistributed over the disturbed area.
BIO -8: For all vegetation management activities or sediment removal occurring within the specified Creek or
Channel Reaches as identified in Table 3 -6 the following measures shall be implemented to protect fish
species:
Table 3- 6: Fish Species Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
Central California Coastal Steelhead
Petaluma River Reach 1 and 2
(Oncorhynchus mykiss)
Marina Channel Reach 1 and 2
Lynch Creek Reach 1 -4
Chinook Central Valley Fall /Late Fall -Run
Adobe Creek Reach 1 and 2
ESU (Oncorhynchus tshawytscha)
Adobe Creek Bridges
long -fin smelt
(spirinchus thaleichthys)
green sturgeon
(acipenser medirostris)
Sacramento splittail
(pogonichthys macrolepidotus)
1. All maintenance work shall be conducted during the dry season between June 15 and October 31.
2. When work is performed along banks where fish species may be present, a stormwater pollution
prevention plan shall be enacted or best management practices used to protect waters and fish from
spills, leaks or discharges from construction equipment. BMPs include good housekeeping, placement of
fibber roles and mats to prevent erosion, and spill prevention and correction.
3. Prior to dewatering, the best means to bypass flow through the work area will be determined to
minimize disturbance to the channel and avoid direct mortality of fish and other aquatic vertebrates.
The area to be dewatered will encompass the minimum area necessary to perform the maintenance
activity. The period of dewatering will extend for the minimum amount of time needed to perform the
maintenance activity. Where feasible and appropriate, dewatering will occur via gravity driven systems.
Where feasible and appropriate, diversion structures shall be installed on concrete sections of the
channels, such as concrete box culverts often used at road crossings.
4. If dewatering within a work area requires pumping, intakes shall be screened according to the current
CDFW screening criteria for diversions within waterways containing salmonids.
Creeks Maintenance Plan - City of Petaluma
When dewatering is required, a species relocation /salvage plan shall be implemented as a reasonable
best effort to ensure that native fish are not stranded. As part of this, an Incidental Take Permit may be
required to handle and relocate fish depending on the species affected.
6. Prior to use of any equipment within the in- stream portion of the channel, it shall be decontaminated
following CDFW protocols to prevent the spread of invasive species and diseases within the waterway.
1310 -9: To avoid potential impacts to protected bird species covered by state and federal law (California
Department of Fish and Game Code and the MBTA), all maintenance activities shall occur during the non -
breeding bird season (September 1- January 31). If maintenance activities must occur during the nesting
season (February 1 through August 31) a survey for active bird nests shall be conducted by qualified
biologist and shall cover suitable habitat within one - quarter mile of activities to determine if nests are
present.
BIO -10: In the event that an active nest is discovered, an appropriate buffer area, based on the specific bird species
and their tolerance of the planned activity shall be established by the biologist. If a nest is identified during
surveys, then the biologist shall evaluate baseline behavior and establish an appropriate buffer based on the
bird's reaction to maintenance activities. An exclusion zone radius may be as small as 25 feet for common,
disturbance adapted species or as large as 250 feet or more for raptors and /or rookery sites. The biologist
shall monitor activities to ensure that the buffer is sufficient. Work may continue in areas outside of the
buffer zone and resume within the buffer zone once it has been determined that the young have fledged no
longer dependent on the nest as determined by the biologist), the nest is vacated, and there is no evidence
of second nesting attempts, whichever is later.
BIO -11: For all vegetation management activities or sediment removal occurring within the specified Creek or
Channel Reaches as identified in Table 3 -7 the following measures shall be implemented to protect rails:
Table 3- 7: Rail Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
California Ridgeway's Rail
Marina Channel Reach 1
(Rallus longirostris obsoletus)
Shollenberger Reach 1 and
Adobe Creek Reach 2
California black rail
(laterallus jamaicensis coturniculus)
1. For activities located in areas where rails have been identified as potentially occurring (see Table 3 -7
above), and where work must occur during the bird nesting season, a USFWS approved biological
monitor shall be present to observe for these species and may halt work to prevent take if observed.
2. Construction in salt marsh habitat (See BIO -7 above) shall be timed to avoid the breeding season for
California clapper rail and California black rail, typically February 1 through August 31 unless protocol
level surveys are conducted to determine rail locations and avoidance of nesting territories.
If work must occur during the bird nesting season then a proposal for bird surveys shall be submitted to
the USFWS. A minimum of 4 protocol surveys for rails shall be conducted for the work area to determine
if rails are nesting onsite or in proximity. If rails are identified than a 700 foot exclusionary buffer shall be
established to prevent disturbances to nesting rails.
19
Creeks Maintenance Plan - City of Petaluma
BIO -12: For all tree removal and vegetation management activities occurring within the specified Creek or Channel
Reaches as identified in Table 3 -8 the following measures shall be implemented to protect bats:
Table 3- 8: Bat Species Sensitivity
Sensitive Species Potentially Present
Creek or Channels Reaches where Potentially
Present
Pallid Bat
Petaluma River Reaches 1 and 2
(Antrozous pallidus)
Lynch Creek Reaches 1 -4
Adobe Creek Bridges
fringed myositis
(Myosotis thysanodes)
Townsend's big -eared bat,
(Corynorhinus pallidus),
1. In order to avoid the bat maternity periods and ensure protection of bat species tree removal shall be
conducted between September 1St and March 31St. Should maintenance activities necessitate tree
removal during the maternity roosting season (April 1St — August 31') then a qualified biologist shall first
perform a bat roost survey of trees within 7 days to determine if roosts are present. If no evidence is
found, activities may proceed. In the event that an active roost is observed within the work area than a
work exclusion zone of 50 to 250 feet shall be established. Work within the exclusion zone shall not be
permitted until the maternity roosting season has completed. The appropriate size of the exclusion zone
shall be determined by a qualified biologist based upon the species and its susceptibility to disturbance.
2. Any tree removal with breast diameter height (dbh) greater than 12 inches or with complex bark
structures or cavities shall be felled and allowed to rest on the ground overnight prior to removal.
3. Maintenance activities shall avoid the dust and dawn period to preclude impacts to emerging bats.
Rather, activities shall occur between 1 hour after sunrise and one hour before sunset.
BIO -13: Prior to any permanent loss of riparian habitat the City of Petaluma shall identify opportunities for onsite or
nearby restoration and enhancement to compensate for losses. In the event that in -kind mitigation is
infeasible then mitigation shall be secured through compensatory means at an appropriate ratio as
determined by the regulatory agency. The City of Petaluma shall purchase mitigation credits from a suitable
mitigation bank, consistent with permitting requirements. Credits shall be purchased in advance of
maintenance activity that would result in the permanent loss of habitat.
BIO -14: Prior to any permanent loss of jurisdictional water, seasonal wetland or isolated wetland the City of
Petaluma shall identify opportunities onsite or nearby for restoration and enhancement to compensate for
losses. In the event that in -kind mitigation is infeasible then mitigation shall be secured through
compensatory means at an appropriate ratio as determined by the regulatory agency. The City of Petaluma
shall purchase mitigation credits from a suitable mitigation bank, consistent with permitting requirements.
Credits shall be purchased in advance of maintenance activity that would result in the permanent loss
jurisdictional waters.
BIO -15: Prior to the removal of protected trees a qualified arborist shall inspect the tree identified for removal and
determine if removal is necessary. Removal of trees within the riparian corridor shall be offset with
RE
Creeks Maintenance Plan - City of Petaluma
replanting in -kind at appropriate locations in proximity to the removed tree to preserve and enhance the
tree canopy.
Cultural Resources
CUL -1: High Sensitivity. If the proposed activity falls within an area of high archaeological sensitivity and /or will
come within 100 feet of a mapped cultural resource, a cultural resources survey shall be conducted by a
qualified professional archaeologist prior to performing the maintenance activity. All areas of exposed
ground shall be closely inspected for the presence of cultural materials. Areas of dense vegetation should be
inspected as closely as possible and any exposed channel banks shall be carefully examined for the presence
of buried cultural resources. A hand auger or similar tool shall be used when necessary to inspect for sub -
surface archaeological deposits. Non - destructive survey methods such as ground penetrating radar or
canine investigation services shall be utilized as appropriate.
CUL -2: Moderate Sensitivity. For maintenance activities located in areas of moderate archaeological sensitivity,
ground disturbing activities shall be supervised by a Secretary of the Interior qualified archaeologist, as
defined under Code of Federal Regulations, 36 CFR Part 61 or tribal monitor. Archaeological and /or tribal
monitors shall be empowered to halt construction activities at the location of a discovery to review possible
archaeological material and to protect the resource while the finds are being evaluated. Monitoring shall
continue until, in the archaeologist's judgment, cultural resources are not likely to be encountered.
CU L-3: Low Sensitivity. For maintenance activities (e.g., bank stabilization, sediment removal, etc.) that require
excavation into native soils along creek and channel segments that have been identified as having a low
potential for containing buried archaeological resources, the City personnel conducting the work shall
participate in the educational training session conducted by a Secretary of the Interior qualified
archaeologist as defined under Code of Federal Regulations, 36 CFR Part 61, and learn how to identify
historic and prehistoric resources that may be encountered.
CUL -4: If an archaeological deposit is encountered during project activities, all work within 50 -feet of the discovery
shall be halted until a qualified archaeologist is retained to assess the find, consult with agencies as
appropriate, and make recommendations for the treatment of the discovery.
CUL -5: The City shall acquire and retain an on -call cultural resource consultant to perform training, recommend
avoidance strategies and treatment methodology and conduct monitoring as warranted. Treatment
strategies may include, but are not limited to: the use of pre- construction survey and /or testing in an effort
to discover any buried resources prior to the initiation of the activity; construction crew training and
archaeological monitoring of the activity; and /or development of a data recovery plan for cultural resources.
The cultural resources consultant shall be a Secretary of the Interior qualified archaeologist as defined under
Code of Federal Regulations, 36 CFR Part 61.
CUL -6: If potential human remains are encountered, the City shall halt work within 25 -feet of the discovery and
contact the county coroner in accordance with Public Resources Code Section 5097.98 and Health and
Safety Code Section 7050.5. If an archeologist is not present during the discovery, a qualified archeologist
shall be retained to inspect the discovery. If the coroner determines the remains are Native American, the
coroner will contact the Native American Heritage Commission (NAHC). As provided in Public Resources
Code Section 5097.98, the NAHC will identify the person or persons believed to be most likely descended
21
Creeks Maintenance Plan - City of Petaluma
from the deceased Native American. The Most Likely Descendent makes recommendations for means of
treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as
provided in Public Resources Code Section 5097.98.
Hazards /Hazardous Materials
HAZ -1 All field personnel shall be appropriately trained in spill prevention, hazardous material control, and cleanup
of accidental spills. Equipment and materials for cleanup of spills be available on site and that spills and
leaks will be cleaned up immediately and disposed of properly. Construction equipment shall be maintained
and fuelled offsite in designated staging areas only. Spill containment and cleanup materials shall be
maintained onsite during the construction work period when heavy duty equipment is in use or when
herbicides are in use.
HAZ -2 Herbicides shall be limited to those approved for aquatic use (Post- emergent herbicide spray) only. Use of
herbicides shall be precluded to areas with dense invasive vegetation, if necessary, and left for a week prior
to removal. No application shall be permitted when rainfall is anticipated with 72 hours.
HAZ -3 Vegetation cuttings shall be placed on tarps or plastic bags to minimize the spread of invasive species during
transport for off -site disposal. Invasive plants shall be disposed of at suitable disposal facility.
Hydrology and Water Quality
HYDRO -1: In order to protect water quality and prevent erosion of downstream waterways the following shall be
implemented during all creek maintenance activities:
1. Activities shall occur during the dry season from June 15 through October 31.
2. No construction materials or debris shall be discharged directly to the Petaluma River or its tributaries.
3. Prior to the first rain all construction equipment and stockpiles shall be removed from in- channel
locations.
4. Sediment controls such as straw mulch, silt fences, sediment basins or traps and /or other measures shall
be employed during active ground disturbance. Materials shall consist of natural fiber that biodegrade
overtime. No plastics or non - porous materials shall be used for erosion control purposes.
5. Exposed soils shall be stabilized using hydroseeding or erosion control fabrics.
6. No stockpiled soils shall remain exposed and unworked for more than 30 days.
7. Tracking dirt or other materials offsite shall be avoided and offsite paved areas and sidewalks shall be
cleaned regularly using dry sweeping methods.
HYDRO -2: In order to protect water quality during dewatering activities the following shall be implemented:
1. A temporary cofferdam shall be constructed using clean sandbags, rubber bladders or other suitable
materials.
2. A gravity driven system shall be installed for dewatering activities. Where pumping is required all pumps
shall be screened with wire mesh not larger than 5 millimeters.
3. When activities are complete, the diversion structure shall be removed as soon as possible. Impounded
water shall be released at a reduced flow rate.
22
Creeks Maintenance Plan - City of Petaluma
NOISE
NOISE -1: Temporary noise impacts will be limited by restricting construction activities to weekday daylight hours from
8:00 am to 7:00 pm, with no work on weekends. This exceeds standards required by the Petaluma Noise
Ordinance, which prohibits construction activity between the hours of 10:00 pm and 7:00 am.
NOISE -2: Workers operating or in close proximity to heavy equipment will be required to wear hearing protection in
order to reduce decibel level exposure, pursuant to OSHA standards CFR 29 part 1910.95.
23
Attachment 3
RESPONSE TO COMMENTS ON
CITYWIDE CREEKS MAINTENANCE MANUAL
This document provides a response to comments received on the Public Draft Initial
Study/Mitigated Negative Declaration (IS/MND) and the Citywide Creeks Maintenance Manual
for the Citywide Creeks Maintenance Plan. These responses address comments raised by the
Salmon Protection and Watershed Network, United Anglers of Casa Grande, Inc., and the
Planning Commission during the February 14, 2017 Planning Commission public hearing.
COMMENTS RECEIVED
A brief description of the comment letter and items raised by Commissioners during the Planning
Commission public hearing are included below. Comments are addressed through direct
modifications to the text of the Manual as summarized under the Response to
Comments/Revisions to the Manual section below.
Salmon Protection and Watershed Network
One comment letter from the Salmon Protection and Watershed Network (SPAWN) was received
on February 14, 2017 after close of the public comment period between January 12, 2017 and
February 13, 2017 for the IS /MND. SPAWN provided input on proposed maintenance activities
that relate to the protection of anadromous fish species including:
• Performance of surveys to identify potential steelhead habitat
• Limit sediment removal upstream of culverts and in less urban reaches
• Maintain course spawning gravel (golf ball — fist size) in channel
• Replace sediment removed in low elevation tidal reaches
• Prioritize bank stabilization at culvert outfalls and headcuts
• Use a rate of 60 pounds per acre to reseed banks
• Prohibit the use of plastics and use biodegradable erosion control fabric and straw wattles
• Power -wash construction equipment before and after use in stream areas
• Establish a riparian canopy when sunlight persists on streams
• Preclude the use of herbicides
The comment letter from the SPAWN is included as Appendix A.
United Anders of Casa Grande
At the Planning Commission public hearing on February 13, 2017, one public speaker, Dan
Hubacker from the United Anglers of Casa Grande (Anglers), provided public comment. He
mentioned the Petaluma Watershed Steelhead Monitoring Report Reports, which are produced by
the Anglers in collaboration with the National Marine Fishers and provide results of annual
spawning surveys along various creek segments in the City of Petaluma.
2-1
Mr. Hubacker expressed concern about a blanket approach to maintenance activities given that
creek flows and conditions can be drastically different from year to year. He asked that the City
use the Anglers as a resources and collaborate to ensure that maintenance activities occurring in
steelhead habitat be performed in a manner that utilizes a tailored approach depending on local
stream conditions.
Planning Commission
Commissioners were generally supportive of the IS/MND and the Manual and asked that the
following items be further expanded upon in the Manual:
• Collaboration with local stakeholders such as the United Anglers of Casa Grande
• Explore opportunities to further integrate restoration /enhancement
• Clarify that the use of herbicides will be limited and considered only after all other options
have been exhausted
• Encourage integration of latest literature into the Manual as updates occur
Other than a request to change the construction start time from 7:00 am, as set forth in Mitigation
Measure N0I -1 of the IS/MND to 8:00 am, the Planning Commission did not have specific
comments on the IS/MND.
At the February 14, 2017 public hearing, the Planning Commission unanimously approved the
resolution recommending that the City Council adopt the IS/MND.
RESPONSE TO COMMENTS /REVISIONS TO THE MANUAL
In an effort to respond to comments raised, the following revisions have been incorporated into
the Manual. New text is indicated in underline and text to be deleted is reflected by a
stfikethro gh. Text changes are presented in the page order in which they appear in the Manual.
2.4 Annual Reporting (pages 16 -17)
The City will capture and record data throughout the CMP work cycle, including information on
stream assessments, reach conditions, sensitive habitat areas, descriptions of maintenance needs
per channel, invasive species occurrences and abundance, implemented maintenance tasks,
evidence of regulatory reporting requirements, and other relevant information such as updates in
literature that may inform or modify activities under the CMP and opportunities to expand
enhancement and restoration. This database will also contain pertinent information such as reach
assessment sheets, aerial photographs of project areas, spatial analysis, literature cited, restoration
activities, and habitat assessment sheets.
"The maintenance season will ... to improve on future project endeavors."
2 -2.
fr:
Following the submittal of the annual maintenance report, regulatory agency representatives will
be invited to a review meeting to discuss the events, maintenance activities, and lessons learned
over the past work- cycle. The CMP also be updated and amended (as r y) at the
conclusion of fie annual work eyehe. These meetings and data updates help adaptively manage the
CMP and improve its effectiveness.
The Manual establishes a framework that provides regulatory oversight and guidance as it relates
to location, extent and implementation of maintenance activities, and outlines best management
practices. The Manual encourages a balanced approach that recognizes the functional flood
conveyance of creeks as well as the inherent value as natural habitat. The Manual may also be
updated and amended on a periodic basis to respond to changed conditions, updates in literature
or availability of new information, and/or advances in creek maintenance protocol, equipment or
procedures.
3.4 Coordination and Collaboration (new section to be inserted top of page 52)
The City of Petaluma is committed to carrying out creek maintenance activities in accordance
with local, state and federal regulation, and in a manner that invites participation by non- profit
organizations (e.g., United Anglers of Casa Grande) with relevant expertise. The City of Petaluma
is committed to ongoing coordination and collaboration with such entities to ensure that the most
relevant and up to date data is used to carry out routine maintenance and inform maintenance
procedures and activities. In addition to annual reporting requirements with the regulatory
agencies, the City of Petaluma will routinely invite input from non - profit organizations on topics
such as goals, activities, and collaboration opportunities.
6.2 Erosion Protection and Bank Stabilization (pages 62 -63)
The bank- stabilization process will consider the function of each particular reach to the immediate
area as well as how the reach functions as part of the watershed. The City will draw upon a wide
variety of bioengineering techniques in order to address bank- stabilization issues. This includes
introducing erosion control fabrics to vulnerable areas; prioritizing bank stabilization at culvert
outfalls and headcuts; eompacted b ek fill °a soils; and planting native riparian trees at the top -of-
bank and toe -of -slope to stabilize slopes, or strengthening the areas around culvert outfallsby
introducing riprap modifying the he angle of outfall, and/or reducing the he slope of destabilized banks.
The biotechnical engineering approach is preferred over other alternatives due to the substantial
environmental advantages, in terms of habitat preservation and enhancement, and economic
viability. These techniques rely on plant materials to provide stabilization.
During all maintenance activities, the following Best Management Practices (BMPs) shall be
employed to ensure that siltation and erosion do not occur:
6. When conducting replanting to stabilize failed banks a target rate of 60 pounds per acre
shall be used to reseed; and
2 -3 x
7. Bank stabilization shall be prioritized at culvert outfalls and headcuts by introducing
riprap, modifying the he angle of the outfall to achieve 45 degrees to the main channel flow
and /or reducing the slope of destabilized banks.
6.3.6 Special Status Species (pages 73 -74)
Federally listed and special - status species, such as the California red- legged frog, yellow- legged
frog, California giant salamander, western pond turtle, as well as fish species steelhead may be
present in stream reaches maintained under the CMP. Prior to conducting activities, the City will
obtain certificates and permits from the California Department of Fish and Wildlife, the NMFS,
and USFWS, who administer the state and federal endangered species acts. Accordingly all
maintenance activities shall comply with permit conditions.
If a maintenance activity is within designated Critical Habitat for a listed species, a qualified
biologist will evaluate the suitability of the habitat for the species. Maintenance activities will not
be implemented if the activity would impact the primary constituent habitat elements for a listed
species. Critical habitat is identified for Central California coast steelhead in the Petaluma River,
Lynch Creek and Adobe Creek. For all CMP activities performed in areas of critical habitat the
following best management practices shall be conducted:
1. Perform pre - maintenance surveys to identify steelhead habitat
2. Maintain course spawning gravel (golf ball — fist size) in channel b sag sediment post
removal and replacing course spawning gravel back into the channel
3. Use biodegradable erosion control fabric and straw wattles that do not contain plastics
4. Power -wash construction equipment before and after use in stream areas
5. Identify areas of minimal canopy coverage and target those areas to replant riparian
species
6. Preclude the use of herbicides where steelhead habitat is identified
Activities conducted under the CMP will comply with applicable federal, state, and local laws and
policies that protect biological resources, including but not limited to the federal Endangered
Species Act, federal Migratory Bird Treaty Act, the California Endangered Species Act; the
California Environmental Quality Act, and the California Fish and Game Code.
6.3.8 Use of Herbicides (pages 74 -75)
"The City occasionally applies herbicides to invasive plants in upland areas (vegetation growing
adjacent to and on the top of stream banks). The introduction of herbicides into riparian areas
must be done in a safe and thoughtfully manner and only in limited quantities as absolutely
necessary to control invasive and exotic plants."
Prior to application of herbicides, all other means of removal will first be exhausted including
management through eradication. Practices that are effective in the removal of persistent weeds
2 -4
include hand removal burning mowing root removal and taming. Controlled burning may be
appropriate when there is no threat to wildlife. Targeted burning would be conducted using a
backpack torch in a controlled setting. Burning is a particularly effective means of eradication for
English ivy, Himalayan blackberry, fennel, poison hemlock, and tamarisk. Tarping involves the
placement of fabrics over vegetation after the rainy season has ended, followed by removal of
plants and roots. Taiping is particular effective for removal of periwinkle.
"Use of herbicides shall be conducted in a manner that is consistent federal, state, and local
regulations, and per labeling instructions. The City will only use herbicides that are approved for
use in an aquatic environment (e.g. Rodeo or AquaMaster). Application of herbicides will only
occur on calm days when winds are less than 5 miles an hour to prevent airborne transfer of
herbicide and when rain is not in the forecast."
Use of herbicides shall only occur after all other means of eradication have been pursued.
Herbicides shall be prohibited during the rainy season. The application of herbicides shall be
conducted by or under the supervision of qualified personnel with an active applicators license.
"Prior to herbicide applications, a qualified federally permitted Calif m- i red legged f ^^
biologist will conduct surveys for this California red - legged -frog and steelhead to document the
absence of this these federally threatened species. The results of the surveys will be provided to
the NMFS, USFWS and the Department stating that the surveys were completed in advance of
herbicide use."
REVISIONS TO THE IS /MND
Other than a request to change the construction start time from 7:00 am, as set forth in Mitigation
Measure NOISE -1 of the IS/MND to 8:00 am, no other comments were provided on the IS/MND.
NOISE -1: Temporary noise impacts will be limited by restricting construction activities to
weekday daylight hours from x:00 8:00 am to 7:00 pm, with no work on weekends.
This exceeds standards required by the Petaluma Noise Ordinance, which prohibits
construction activity between the hours of 10:00 pm and 7:00 am.
SUMMARY
The City of Petaluma carefully reviewed the information developed through the response to
comments process and determined that the project does not meet any of the conditions under
CEQA Section 15073.5. Therefore, the recirculation of a revised IS/MND or the preparation of
an Environmental Impact Report (EIR) is not required. Consistent with the CEQA Guidelines,
the added information clarifies the information and analyses in the IS /MND.
The City of Petaluma will consider the updates to the Manual and IS /MND, together with this
Response to Comments document, prior to adopting the IS/MND.
2 -5
ATTACHMENTS
The following materials are attached for reference.
A. Comment Letter from Salmon Protection and Watershed Network
2 -6
s
From: William Wolpert <wolpert @sonic.net>
Sent: Tuesday, February 14, 2017 2:37 PM
To: Heather Hines
Cc: Jennifer Pierre
Subject: FW: 2015 Spawner Report
Heather-
Attached are two documents that I think provide additional information regarding the fish habitat
provided by our local creeks. While the proposed Creek Maintenance Plan discusses keeping
contaminates out, I think it falls short in maintaining the quality of the stream bed and the water quality.
Two reports are attached that are more current than those provided. They are prepared by United
Anglers in cooperation with the National Marine Fisheries Service. Dan Hubacker is the biologist in
charge of the fish hatchery program at Casa Grande High School. He has been working with anadromous
species within the local creeks for over 17 years.
Preston Brown is the biologist for S.P.A.W.N. (Salmon Protection and Watershed Network). They
primarily monitor Lagunitas Creek for anadromous species. He had the following recommendations for
the Creek Maintenance Plan:
Hi Bill,
Here are my quick responses to the CMP.
• Lynch Creek is the only creek identified as habitat for Steelhead, this should be confirmed
through surveys to assure that other creeks do not have their presence.
• Limit sediment removal to areas directly upstream of culverts, limit removal of sediment from
less urban reaches. Course spawning gravel (golf ball - fist size) for steelhead and insect productivity is
important to maintain in the channel.
• Sift sediments after removal and place course spawning gravel back in the channel.
• Prioritize placing removed sediments in low elevation tidal reaches so it can be recruited to tidal
marshes.
• For Bank stabilization, priorities stabilizing headcuts and culvert outfalls, since these are often
high sources of sedimentation. Do not place compacted back filled soils onto stream banks, instead
prioritize lowering the angle of failed streambanks to avoid over - steepened banks.
• When reseeding banks, use a rate of 60lbs 1acre
• Only use biodegradable erosion control fabric and straw wattles; do not use plastic.
• Ensure that heavy equipment is power- washed before and after working in the stream areas to
not transmit invasive aquatic species.
• Focus on planting overhead canopy species where open sunlight persists on streams
No herbicide is preferred.
Preston
It is my understanding that Lynch Creek, in addition to Lichau Creek and Adobe Creek support spawning
Steelhead. I am concerned about dewatering. The summer months are when fingerlings are holding in
deeper, cooler water. It is important to allow some vegetative cover to keep water temperature cool.
Ideally, work in the stream bed should improve habitat. But in the least, it should not contribute to the
loss of gravel or the addition of silty soil.
I am not clear where the lines of responsibility are between Petaluma and the other parties, but we do
not want information regarding habitat for listed species to be mismanaged or be unknown. I am
hopeful that this information will be incorporated into the Creek Maintenance Plan.
ME
William B. Wolpert, Architect
7 Fourth Street, Studio 61
Petaluma, CA 94952
707.789.0822
Green BuildingArchitects.com
- - - -- Original Message---- -
From: Dan Hubacker [mailto:ioehub @sbcglobal.net]
Sent: Monday, February 13, 2017 7:09 PM
To: William Wolpert <wolpert @sonic.net>
Subject: 2015 Spawner Report
Good Evening William,
Here is 2015 Spawner report. I will be following up with the 2016 report.
Thank you
Dan
vim' .
Attachment 4
Q1
X7
DATE: February 14, 2017 AGENDA ITEM NO. 8 -A
TO: Planning Commission
FROM: Olivia Ervin, Environmental Planner
Kent Carothers, Operations Manager
REVIEWED BY: Heather Hines, Planning Manager
SUBJECT: Citywide Creeks Maintenance Plan
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution recommending that the City
Council approve an Initial Study/ Mitigated Negative Declaration for the Citywide Creeks
Maintenance Plan (Attachment A),.
As a Public Works Project, approval of the IS /MND for the Citywide Creeks Maintenance Plan
is at the discretion of the City Council. Staff has referred the IS /MND to the Planning
Commission for input and recommendation to the City Council on the adequacy of the
environmental analysis.
BACKGROUND
The Citywide Creek Maintenance Manual and associated Initial Study/Mitigated Negative
Declaration have been prepared in order to establish a mechanism to streamline permitting,
approvals and regulatory compliance for ongoing maintenance of creeks citywide.
The City of Petaluma currently maintains creeks and streams on a case by case basis and works
collaboratively with the Sonoma County Water Agency (SCWA), the Sonoma County
Department Transportation, and Sonoma County Public Works Department for regional flood
conveyance. Presently, creek management activities under Petaluma's jurisdiction occurs on an
activity by activity basis and requires individual permits and processing through the regulatory
agencies for each project.
In an effort to streamline this process the City of Petaluma Public Works Department submitted a
Routine Maintenance Agreement Application to the California Department of Fish and Wildlife
(CDFW) in June 2015 and initiated early consultation with the regulatory agencies. On July 20,
2015 the City of Petaluma Public Works and Planning Division staff met with representative of
Page 1
w.r
state and federal agencies to discuss the permitting process and receive input on areas of concern.
The Regional Water Quality Control Board (RWQCB) representative requested that a procedures
manual be developed that identifies best management practices, maintenance methodology and
approaches to be utilizes for ongoing maintenance activities. In July 2015, the CDFW issued an
Incompleteness Letter requesting revisions to the application, a biological study, and an
environmental review document.
On July 2015, AB 52 went into effect and established requirements for notification with Tribal
Governments including those on the Native American Heritage Commission List of Federally
Recognized Tribes as well as Non - Federally Recognized Tribes. The Federated Indian of Graton
Rancheria (FIGR) provided the City of Petaluma with a notification request under AB 52. As
such FIGR was notified of the Citywide Creek Maintenance Plan and requested consultation
under AB 52. City staff met with Tribal representatives and discussed the project. FIGR
requested that a qualified archeologist be retained to prepare a cultural resources report. On
October 20, 2016, FIGR completed review of the requested Cultural Resources Report and
provided comments. On November 3, 2016 City staff responded to FIGR stating acceptance of
all comments formalizing completion of consultation under AB 52.
The City has prepared the Citywide Creeks Maintenance Manual (Attachment B), which
provides the framework to implement the Creeks Maintenance Plan. An associated Initial Study
was completed in accordance with the California Environmental Quality Act (CEQA) and
culminated in a Mitigated Negative Declaration. The Manual and IS /MND are informed by a
biological study and a cultural resources study as requested through the various consultation
processes.
The Citywide Creeks Maintenance Plan (CMP) identifies the periodic and ongoing activities that
will occur over the maintenance activity, which is envisioned as a 5 year plan, but may be
extended for an additional 5 years. The Plan will be revisited on an annual basis to identify each
year's maintenance and management activities to be carried out under the Citywide Creeks
Maintenance Manual. In general maintenance activities include sediment, vegetation and trash
management.
PROJECT DESCRIPTION
The five main objectives to be accomplished by the Citywide Creaks Maintenance Plan are:
1. Provide surface drainage and flood protection services to reduce flood hazards and potential
property damage.
2. Conserve and enhance existing riparian habitat.
Page 2
3. Preserve the design conveyance capacity of the surface water drainage system.
4. Improve natural hydrologic functions including groundwater recharge and water quality by
implementing best management practices, and;
5. Establish a mechanism that streamlines permitting, approvals and regulatory compliance.
The CMP proposes the routine and ongoing management of creeks citywide through sediment,
vegetation, and debris maintenance.
Sediment Management/Removal
The CMP provides for the removal of accumulated sediment in stream channels, around bridge
pilings, storm drain outfalls, and culverts. Also included in sediment management activities is
erosion control and bank stabilization. Heavy equipment may be utilized from outside top of
bank (via a long arm excavator) to remove sediment within stream channels. Hand tools will be
used to remove minor sediment accumulated around undercrossing, stormdrains and outfalls.
Sediment management activities within stream channels will be conducted from June 15th to
October 31 st, when stream flows are at their driest. The scope and amount of sediment removal
undertaken annually will depend upon recent weather and hydrologic conditions and will further
be contingent upon the frequency of previous maintenance activities undertaken and permits
issued by regulatory agencies. It is expected that a majority of the sediment removal will occur
during the first two years of maintenance, with subsequent years requiring much less sediment
removal.
Vegetation Management /Removal
Vegetation growth in creeks may inhibit or block flows, potentially contributing to channel
overtopping and flooding. Vegetation management is performed in order to maintain conveyance
capacity, establish a canopy of riparian trees, diverse understory vegetation, and to control the
spread of invasive or non - native species. Vegetation management includes pruning, trimming,
clipping, mowing, and /or removal of overgrown vegetation and trees, and may involve chemical
treatment. Removal or relocation of fallen trees, dead or dying trees and /or trees that are diseased
may require the use of heavy -duty equipment, which will be positioned outside of top of bank or
on access roads. Vegetation management may also include planting of new trees or native
vegetation in order to enhance riparian habitat and as part of bank repair /stabilization. All
vegetation management will be conducted outside of the bird - nesting season between September
1 and January 31.
Trash Management /Removal
Non - sedimentary materials found within channels that may potentially impair hydrological
functions or water conveyance have been routinely monitored and removed by the City. Items
include tires, boxes, furniture, clothing, appliances and other discarded materials usually
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introduced to creek systems through dumping or high flow events. Removal of objects will be
conducted by crews using hand tools whenever possible, occasionally employing a wench for
heavy objects, as needed. Debris recovered will be removed and transported to a solid waste
landfill by way of dump trucks. Hazardous items, such as chemicals, paints, or motor oil, will be
taken to an appropriate disposal facility authorized to accept such materials.
Related Activities
As part of the CMP related activities were also considered and include maintenance of access
roads, dewatering, and culvert repair.
Creek Segments Covered Under the CMP
The following creeks are included in the CMP. Reaches within in each creek where maintenance
activities will occur are identified below. A graphic of the creels locations and reaches is included
as Figure 3 in the Manual:
Corona Creek: Reaches 1, 2, and 3
Corona Road Channel: Reach 1
Capri Creels: Reaches 1 and 2
Lynch Creek: Reaches 1, 2, 3, and 4
Washington Creek: Reaches 1 and 2
East Washington Creek: Reach 1
Channel near Airport: Reaches 1 and 2
Adobe Creek: Reaches 1 and 2
DISCUSSION
General Plan 2025
Shollenberger Park Creek: Reach 1
Marina Channel: Reaches 1 and 2
Lakeville Channel
Thompson Creek: Reach 1
Kelly Creek: Reach 1
Petaluma River Downtown: Reaches 1 and 2
Petaluma River at Corona Bridge
The properties within the Citywide Creeks Maintenance Plan area are designated as Public /Semi
Public and City Park by the General Plan 2025 Land Use Map and are within Floodplain and
Floodway. The project is consistent with the following goals, policies, and programs:
2 -P -58 Use the Petaluma River Access and Enhancement Plan as the tool to implement
the Petaluma River Corridor by maintaining setbacks; creating natural flood
terraces where appropriate; and enhancing floodplain and habitat conservation
areas and other open space along the river utilizing an ecologically -based design
approach.
2 -P -95 Preserve, improve and increase the inventory of and access to existing open space
resources and schools.
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2 -P -102 Encourage neighborhood adoption and participation in the restoration of natural
habitats (e.g. creeks and urban separator).
4 -P -1 G Expand the planting and retention of trees along the upper banks of the river and
creeks to reduce ambient water temperature and shade out invasive, non - native
species.
4 -P -1 L Continue to implement, where appropriate, flood terrace improvements to reduce
localized flooding in concert with habitat enhancement projects.
4 -P -6 Improve air quality through required planting of trees along streets and within
park and urban separators, and retaining tree and plant resources along the river
and creek corridors.
8 -P -31 In accordance with the studies undertaken for the Corps Flood Protection Project,
existing areas subject to periodic surface water inundation and containment,
within the Corona and Denman Reaches (Lynch Creek confluence with the
Petaluma River upstream to the Old Redwood Highway overcrossing of Willow
Brook Creek), shall be preserved and enhanced where feasible to reduce localized
flooding.
8 -P -35 Protect private and public properties and capital investments including those
designed to minimize flooding potential.
8 -P -35 D Promote public education and stewardship of the riparian corridors.
River Access and Enhancement Plan
The Petaluma River Access and Enhancement Plan, prepared in 1996, contains policies and
guidelines to enhance waterways and develop recreational uses in conjunction with protecting
biological resources. It is a tool to implement the vision for the Petaluma River corridor by
maintaining setbacks; creating natural flood terraces where appropriate; and enhancing
floodplain and habitat conservation areas and other open spaces along the river utilizing an
ecologically -based design approach.
STAFF ANALYSIS
The Citywide Creeks Maintenance Plan has been developed based on needs identified by Public
Works Staff in order to achieve floodway design capacity through sediment and vegetation
management and trash and debris removal. The Plan identifies the total volume of sediment,
vegetation and trash removal that is anticipated to occur within each reach. The Plan will be
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updated on an annual basis to identify the maintenance activities necessary for that program year.
All maintenance activities will be carried out in accordance with the Citywide Creeks
Maintenance Manual, which aims to achieve flood control objectives while preserving and
enhancing natural biological and hydrological stream functions. This will be accomplished
through best management practices, as set forth therein, that limit the area of disturbance, restrict
activities to the least sensitive season (i.e. dry season and outside of breeding /nesting seasons),
emphasize small work crews with hand tools, and establish procedures for training, avoidance
and processes when sensitive resources are encountered, have an elevated potential for
occurrence or are known to occur in the work area. Best management practices are reinforced
through the mitigation measures established in the IS /MND. Additionally, maintenance activities
will require permits from state and federal regulatory agencies, which will further establish terms
under which maintenance may be carried out.
As proposed, Citywide Creeks Maintenance furthers the objectives of goals, policies and
programs identified in the City's General Plan and River Access and Enhancement Plan by
establishing a process for the routine and ongoing management of creeks.
PUBLIC COMMENT
A notice of public hearing was published in the Argus Courier on January 12, 2017, and the
Notice of Intent to Adopt a Mitigated Negative Declaration/ Notice of Planning Commission
Public Hearing was posted with the County Clerk, mailed to the State Clearinghouse (SCH) for
distribution to trustee and responsible agencies and sent to other interested parties including the
Federated Indians of Graton Rancheria, the U.S. Fish and Wildlife Service, the Army Corps of
Engineers, and the National Marine Fisheries Service. As of the writing of this staff report
(2.7.17), no comments have been received in response to the notice.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), an Initial Study was
prepared by staff to address the project's potential effects on the environment. The Initial Study
did not identify any significant environmental effects. For all potentially significant effects,
mitigation measures reducing their severity to a less than significant level were developed and
are reinforced by Best Management Practices set forth in the Citywide Creeks Maintenance
Manual.
The Initial Study /Mitigated Negative Declaration (IS /MND) identifies impacts that require
mitigation under the following environmental categories:
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• Biological Resources
• Cultural Resources
• Hazards/Hazardous Materials
• Hydrology and Water Quality, and
• Noise
All other environmental categories were determined to have no impact or less than significant
impacts and no mitigation was required. An overview of each environmental category where
impacts where identified and mitigation measures are required is provided below:
Biological Resources
The CMP will involve periodic and routine maintenance activities within and adjacent to
areas that contain riparian habitat and supports sensitive species. As such, the project has
the potential to result in potentially significant impacts to riparian corridors and special
status species including plants, bats, frogs, fish and birds that are regulated by the
California Department of Fish and Wildlife (CDFW), the U.S. Fish and Wildlife Service,
and /or the National Marine Fisheries Service (NMFS). The IS /MND identifies the
likelihood of special status species within each Reach segment proposed for Maintenance
under the CMP and sets forth mitigation measures to avoid, minimize and offset potential
impacts.
Cultural Resources
Creeks and sources of water have an elevated potential to contain buried cultural
resources. The CMP includes activities involving ground disturbance near sources of
water and as such, has a potential to impact cultural resources if not properly mitigated.
The Confidential Cultural Resources Report identified Low, Moderate and High
Sensitivity Areas based on review of records at the Northwest Information System.
Mitigation measures for potential impact to cultural resources are presented according to
the level of sensitivity exhibited by a particular area and are intended to avoid, minimize
and offset potential impacts by retaining an on -call cultural resources consultant,
conducting pre- maintenance surveys as warranted and utilizing prescribed methodology
for treatment or recovery.
Hazards/Hazardous Materials
Activities carried out under the CMP may require the use of heavy -duty construction
equipment that could result in the temporary presence of potentially hazardous materials
including but not limited to fuels and lubricants. Maintenance activities may involve the
use of herbicides in certain areas for weed control and abatement. Additionally,
vegetation management could result in elevated potential for the spread of invasive
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species if not properly conducted. Implementation of mitigation measures set forth in the
IS /MND will reduce potential impacts associated with hazards and hazardous materials to
less than significant levels.
Hydrology and Water QualitX
The project will result in activities that temporarily disturb creels bottom or bank, which
could contribute to water quality violations if not properly conducted. Sediment and
vegetation maintenance may inadvertently result in deposition of soil that could enter into
the waterway and degrade water quality. The IS /MND describes the potential sources of
pollutants and impact to water quality that may result from implementation of the CMP,
and sets forth mitigation measures to reduce potential impacts to less than significant
levels.
Noise
Activities carried out under the CMP will result in a temporary increase in noise levels
within the immediate project area when backhoes, excavators, and other heavy equipment
are in use. Noise levels generated by this equipment will vary in duration and intensity,
depending on the type of equipment in use and the specific activity. Additionally,
maintenance crews may utilize equipment that has the potential to expose worker to
elevated noise levels. Implementation of mitigation measures set forth in the IS /MND
limits maintenance activities to daytime hours between 7:00 am and 7:00 pm weekday
and prohibits maintenance activities on weekends. Additionally, the IS /MND prescribed
the use of protective headgear for construction crews operating or in close proximity to
heavy -duty equipment.
The IS/IVND was circulated for a thirty (30) public review period between January 12, 2017 and
February 13, 2017. The MND is included in Attachment C.
ATTACHMENTS
Attachment A: Resolution Recommending that the Council Approve the IS/MND
Attachment B: Citywide Creeks Maintenance Manual (previously provided)
Attachment C: IS /MND Citywide Creeks Maintenance Plan (previously provided)
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