HomeMy WebLinkAboutResolution 2017-054 N.C.S. 04/03/2017Resolution No. 2017 -054 N.C.S.
of the City of Petaluma, California
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
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:
Resolution No. 2017 -054 N.C.S. Page 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.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as`°to
Council of the City of Petaluma at a Regular meeting on the 3`a day of April, 2017, fore
by the following vote:
City Attorne'
AYES: Albertson, Healy, Kearney, King, Miller
NOES: None
ABSENT: Vice Mayor Barrett; Mayor Glass
ABSTAIN: None
i
ATTEST:
City Clerk Mayor Pro Tem
Resolution No. 2017 -054 N.C.S. Page 2
Exhibit A to Resolution
46; Ltd
City of Petaluma, California
Community Development Department
Y85$ 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.
Resolution No. 2017 -054 N.C.S. Page 3
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Page 9
Creeks Maintenance Plan - City of Petaluma
1►yi1k>rlel_ti It•I►1i iI IeV19130
Biological Resources
BIO -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.
Resolution No. 2017 -054 N.C.S. Page 10
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.
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.
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
(Dicomptodon 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.
Resolution No, 2017 -054 N.C.S. Page 11
Creeks Maintenance Plan - City of Petaluma
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:
1. 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.
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
Resolution No, 2017 -054 N.C.S. Page 12
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.
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.
3. 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 fol.lowing� 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
Resolution No. 2017 -054 N.C.S. Page 13
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.
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.
Resolution No. 2017 -054 N.C.S. Page 14
Creeks Maintenance Plan - City of Petaluma
5. 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 jam aicensis 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.
Resolution No. 2017 -054 N.C.S. Page 15
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),
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 31St) 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
Resolution No. 2017 -054 N.C.S. Page 16
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.
CUL -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
Resolution No. 2017 -054 N.C.S. Page 17
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.
Resolution No. 2017 -054 N.C.S. Page 18
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.
Resolution No. 2017 -054 N.C.S. Page 19