HomeMy WebLinkAbout6.3 DubRchWest Attch 9
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Table of Contents
Introduction...... ..... ......... .... ..... ..... ....... ....... ................ ........... ... ........... 2
Clarifications and Modifications to the DEIR......................................... 2
Summary of DSEIR Comment Letters ................................................... 7
Annotated Comment Letters and Responses........................................ 9
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Introduction
A Draft Supplemental Environmental Impact Report (DSEIR) dated November 2004
was prepared for this Projed and distributed for publiç review in November 2004
through January 2005. The proposed Projed involves çansideration of an Amendment
to the Eastern Dublin General Plan and Specific Plan, annexation to the City of Dublin
and the Dublin San Ramon Services Distrid, prezoning of the Projed area, a
preannexation agreement and a Stage 1 Planned Development Plan for the Dublin
Ranch West Projed loçated on the west side of Tassajara Road, east of Parks RFTA,
north of existing City of Dublin limits and south of the Alameda County limit line. The
Projed site consists of approximately 190 aGes of land in the unincorporated portion of
Alameda County. A full description of the proposed Projed is contained in the DSEIR
document.
Under the California Environmental Quality Ad (CEQA) and implementing CEQA
Guidelines, after completion of the Draft EIR, lead agencies are required to consult with
and obtain comments from public agencies and organizations having jurisdiction by
law over elements of the Projed and to provide the general public with an opportunity
to comment on the DSEIR. Lead agencies are also required to respond to substantive
çamments on environmental issues raised during the EIR review period.
As the lead agency for this projed, the City of Dublin held a 45-day public review
period between November 19, 2004 and January 3, 2005.
This Comments and Responses document augments the DSEIR and, together with the
DSEIR, çamprise the Final Supplemental EIR (FSEIR) for this Projed. This Comments
and Responses document contains all public comments received during the 45-day
public review process regarding the DSEIR and responses to those comments. Included
within the document is an annotated copy of each comment letter, identifying specific
comments, followed by a response to that comment.
The FSEIR also contains clarifications and minor corrections to information presented in
the DSEIR as well as revisions to the proposed Projed.
Clarifications and Modifications to the DSEIR
The following clarifications and modifications to the DSEIR are incorporated by
reference into the DSEIR document.
1. On page 14, "9.7" is replaced with "3.7."
2. On page 18 (Utility Services), the word "westerly" is replaced with
"easterly."
3. On page 56, the text of the DSEIR is amended to read as follows in two places
on this page:
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 2
February 2005
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"In addition, HTH relocated a number of CRLF from d5cwhem en ERe
Dublin Ranch West cite into Tassajara Creek, in anticipation of management
as part of the Tassajara Creek Management Zone."
"Since approval of the 1993 Eastern Dublin ErR, the California tiger
salamander has been listed as threatened and critical habitat has been
designated proposed. ... All of the Projed area to the west of Tassajara Creek
is within proposed critical habitat Unit 18 of the Central Valley Region."
4. On page 60, the impad bullet is revised to read as follows:
"Substantially-&educe the number or restrid the range of an endangered,
rare or threatened species;"
5. Page 64, Supplemental Mitigation Measure SM-BIO-l is hereby amended to
read as follows:
"A CTS management plan shall be developed by the Project proponents, and
approved by the City of Dublin in con~ultation with CDFG and the USFWS,
prior to çanstruction activities. This measure shall also apply to construction
of reçreational trails in preserved areas. The Plan will detail how CTS will be
managed before and during construction activities and will include the
following:
a) Installation of a temporary herpetological fence prior to any ground
disturbance around the entire development footprint, which shall
prevent CTS from entering the construction site and shall remain until
the permanent fence or barrier is installed. The existing or tRe eliHcnt
one-way barrier, if approved by the USFWS. is a functioning
temporary barrier: however. it is not located around the entire
development footprint. is exteRèeè and appro'l.'eè fsr ase by the
USFWg (~M~.i RIO 2). A maintenance schedule shall be included for
this fencing.
b) A salvage trapping and releE:aË.sR plan that details how aestivating
CTS individuals will be adequately relocated from the development
footprint and into permanently preserved suitable aestivation habitat.
Although the existing one-way exclusion barrier will allow migrating
breeding adults to exit the project area. non-breeding adult~ and
juveniles may not migrate to potential breeding sites for one or more
years. Salvage of these individuals should be accelerated by
installation of trap arrays near burrow concentrations."
6. On page 64, Supplemental Mitigation Measure SM-BIO-2 is revised as follows:
"A permanent herpetological fence or barrier shall be installed around the
entire development footprint following construction activities to prevent
movement of CTS into the development area. Such fencing shall be designed
to allow for movement of larger terrestrial wildlife species, but shall preclude
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 3
February 2005
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;;~:~~~ i~i;~~~~~; ~~n~~tcv:à~ ~;:;~ ~=g::~~~=:~:~~;
7. Page 64, Supplemental Mitigation Measure SM-BIO-3 is deleted.
8. On page 64, Supplemental Mitigation Measure SM-BIO-4 is revised as follows:
"To compensate for the permanent loss of approximately 97.2l.:w aGes of
CTS aestivation habitat, and ensure the oJ;!PortuniJ;y exist~ for recovery of this
ecies within mador and Liv e Valle are ameda Co
e Project proponent will acquire and preserve in perpetuity suitable CTS
aestivation habitat at a 1:1 ratio adjacent to preserved, occupied CTS breeding
and aestivation habitat and construct a breeding pond, or as required by the
USFWS and CDFG. The mitigation aestivation habitat shall be located in the
Amador and Livermore Valley area as close as is practicable. and as approved
by the USFWS or CDFG. and shall exhibit similar characteristics to the habitat
lost.
In selecting off-site mitigation lands, preference shall be given to preserving
one large block of habitat rather than many small parcels, linking preserved
areas to existing open space and other high quality habitat, and excluding or
limiting public use within preserved areas. Land selected for mitigation shall
be permanently preserved through use of a conservation easement or similar
method, approved by the City of Dublin in consultation with the USFWS or
CDFG, and obtained prior to the issuance of any construction permits."
9. On page 65, Supplemental Mitigation Measure SM-BIO-7 is revised as follows:
"During initial ground disturbing activities. 1\11 project construction
employees shall receive an educational training program that includes
information on sensitive species identification and their potential habitat,
approved mitigation measures for the project, and actions employees should
take if a sensitive species is encountered. This measure shall also apply to
construction of reçreational trails in preserved areas."
10. Page 67, Supplemental Mitigation Measure SM-BIO-9 is revised as follows:
"a) Prior to construction of the proposed bridges, a map shall be prepared
to delineate CRLF breeding habitat, construction and laydown areas,
and areas of proposed temporary fill within Tassajara Creek. Pre-
construction surveys within these areas shall be conducted by a
qualified biologist (as approved by the City) with appropriate
authorization to handle CRLF. If CRLF or CTS are found within the
construction areas (OF etRer sensitive wilàlife Gpccics), they shall be
immediately moved to undisturbed, preserved portions of Tassajara
Creek if authorized in a Biological Opinion or other permit issued by
the USFWS for the Project. Construction, laydown, and temporary fill
areas shall be fenced appropriately to prohibit CRLF and CTS
movement into these areas, as supervised and verified by a qualified
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 4
February 2005
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biologist. Construction activities and access shall be confined to these
fenced areas during construction activities. A qualified biologist will
monitor the fence and construction activities daily when construction
activities are conducted within Tassajara Creek. A qµaJjfjed biologist
with appropriate authorization pcrmits to relocate iIfIj' CRLF or CIS in
conjunction with a biological opinion shall be available to the on-site
biological monitor if CRLF or CTS (or st;Rer sensitive wildlife sreeics)
are found within the fenced areas during daily construction
monitoring; CRLF shall be relocated to undisturbed, preserved
portions of Tassajara Creek, and CTS shall be relocated to the nearest
protected upland habitat containing burrow habitat."
11. Page 68, Supplemental Mitigation Measure SM-BIO-ll is revised as follows:
"Prior to any tree removal or ground disturbance, a qualified biologist
(approved by the City) shall conduct special ~tatus breeding bird surveys
throughout the develo rti n of the p' ea and withi et
in adjacent habitats. Buffers s all be a minimum of 250 feet for raptors
(although sensitivc raptors sueh as golden eagles. which are unlikely to nest
on the Dublin Ranch West site. may require a much larger buffer), and
between 50 and 100 feet for special status passerines depending on habitat
type (50 feet in dense vegetation, 100 feet in open areas). Prc constrneåsR
sun;eys åli%ll tal~c place througJ.\S\it thc dcvelopment rsroOf! of the Prsjeet
area, iRehtàing survcys f-er grasshmd birds and Þiràs hkely to nest ;Hsng tl-.c
Tassajai'a Creek corridor. Nesting status shall be monitored by a qualified
biologist to determine when nests are no longer active. All activities shall be
prohibited within the buffer until after young have fledged and1m' moved
out of the nest. This measure shall also apply to construction of reçreational
trails in preserved areas."
12. Page 70, Impact BIO-6 is changed to read as follows:
"Supplemental Impact BIO-6: Loss of speei;H st¡ffi¡s ,,¡ar.ts Congdon's
Tarplant"
13. On page 71, Supplemental Impact SM-BIO-15 is amended to read as follows:
"The majority of Congdon's tarplants are ~cattered at low densities over
ap.proximately four açres south of the existing residence on the site: the
remaining individual~ to be impacted occur in small areas west of Tassajara
Creek. Studies conducted by H.T. Harvey & Associates have revealed five
subpqpulations within the Tassajara Creek Management Zone (TCMZ) that
average IIPproximately 500 individuals on 0.5 acre each. Based on this
information. the ~ project shall establish and manage approximately 0.63
acres of crcate ORe acre 8f nC'N occurieè habitat for Congdon's tarplantw
<,'¡err SRe acrc of exisång Congdon' s ta:rpliHIt Habitat lost within suitable, Sf!
site rreocrvcd habitat (slieR as the TCMZ. Following CDFG and City
approval. the Dublin Ranch West Congdon's Tarplant Mitigation and
Dublin Ranch West Final Supplemenfal EIR
City of Dublin
Page 5
February 2005
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Monitoring Plan (H.T. Harvey & Associates 2004) shall be implemented to
compensate for the loss of Congdon's tar:plant individuals. project at"f'liear.t
shall dcvell3p ami ooplcrnent a detæìea. Mitigation aHa. MBflÌtOring Plan tB
fully compEJRsate fer oopacts to CongèeR's tarplant. The plan shall in~1ièe
tt.e mitigatieR àesign, methods of salvage of e¡cisting seeà, maintenance
methods (iRchiEling weed mar.ageæeRt), monitoring pFBeea.ures and
perfOrInaRee eFi.teria, reporting FeEJ.~¡jFements, and a eSRtingency meaSIiFe to
preser:e eJBsär.g off site occu.piee!. CSRgdon's tarplaRt habitat at an eqaal
amount t-e lest Rabitat in case of miägatisR failure. The project profonent
shall provide a secure funding source (such as a performance bond for the
implementation of the mitigation plan and long-term maintenance and
monitoring of the mitigation area. The çreated mitigation area must be
preserved in perpetuity (such as through a permanent conservation
easement). The Mitigation and Monitoring Plan must be approved by the
City prior to the issuance of grading permits for the project. Mitigation shall
require a minimum of five years of monitoring and annual monitoring
reports shall be provided to the City."
14. Page 91, first line, the word "550" is replaced with "428."
15. Page 121, Utilities and Services, storm drainage, replace the sentence "Zone 7
is responsible for master planning" with the following: "Zone 7 owns and
maintains major storm drain channels in the Livermore-Amador Valley.
Zone 7 is presently working on a Stream Management Plan to identify future
channel improvements beneficial to the residents of the Valley." Correct the
sentence that reads: "Drainage on the project area.. . connect with Zone 7
facilities south of 1-580," This should read: "Drainage on the project
area.. . connect with Zone 7 facilities north of 1-580."
16. Page 125: Zone 7's Salt Management Plan does not include demineralizing
shallow groundwater and reinjecting it into the groundwater basin. Instead, it
includes blending demineralization of a portion of produced groundwater with
other water supplies for delivery to customers. Also, delete the word "water"
from the term "salt-water." The sentence that reads "the resulting salty brine is
to be piped..." with "brine processing facilities" to "concentrate processing
facilities." The correct name of the Zone 7 contact person is "David Lunn."
17. Page 136, Supplemental Mitigation Measure P ARK-I is changed to read as
follows:
"PARK-I: ~~::,¿~tati·.'e mal' Sf Stage 2 Dc'.;eISf'æent Plan ~fBYal,
'.'.wchCyef occurs first, As outlined below, the Project developer all
either:
a) Revise the land use program for the Dublin Ranch West site to
provide an additional +,Q4. .12 net açres of Neighborhood Park land
use designation in lieu of a publici semi-public use; or
b) Provie!.e 1.9 Ret acres of Ncigheerhseè Parks lane!. liee iR close
proximity ef tl-.e Project site. As part of the Prqiect Pre-Annexation
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 6
February 2005
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Agreement. pay fees to the City of Dublin to compensate for loss
of 1.9 açres of Neighborhood Park land on the Proiect site. Fees
shall be equal to the neig}¡borhood park in-lieu fee amount charged
to v I who do not hav kland on the' as set
b th muni Facili rt in effe e
of subdivi~ion map recording. Fee~ shall be due at the time of final
subdivision map recordation."
18. Page 138: Third bullet point in middle of the page should be corrected to read:
"Alternative 3: Reorganization and Development of the Dublin Ranch West with
a Revised Neighborhood Park Location."
19. Page 141, first line of 5.4, Alternative 3, the açreage figure "8.7" is replaced
with "7.8."
20. Page 142, add a new Supplemental Mitigation Measure for Alternative 3;
Supplemental Mitigation Measure ALTPARK-l is added to read as follows:
"ALTPARK-l: As outlined below. the Project developer shall either:
a) Revise the land u~e program for the Dublin Ranch West site to
provide an additional 1.04 net açres of Neighborhood Park land u~e
designation in lieu of a publici semi-public use: or
b) As part of the Project Pre-Annexation Agreement. pay fees to the
City of Dublin to compensate for loss of 1.04 acres of
Neighborhood Park land on the PrQject site. Fees shaU be eqµal to
the neig}¡borhood park in-lieu fee amount charged to developers
wh v arkland on th . a setb rn
Communi r rt in effe t 'me of subdivisio
map recording. Fee~ shall be due at the time of final subdivision
maJ' recordation."
Summary of DSEIR Comment Letters
Comment letters were received by the Gty of Dublin during the 45-day public
comment period on the DSEIR from the following agencies, organizations and other
interested parties.
Commenter
Federal A encies
None
Date
State A encies
2.1
State Department of Transportation
(Caltrans)*
State of California, Office of Planning
and Research*
1/03/05
1/05/05
2.2
Dublin Ranch West Final Supplemental EiR
City of Dublin
Page 7
February 2005
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Local Agencies
I 3.1 Alameda County Flood Control and 12/30/04
Water Conservation District Zone 7
3.2 East Bav Re!cional Park District 1/03/05
I 3.3 Dublin San Ramon Services District 1/03/05
(DSRSD)
3.4 Alameda County Public Works 1/04/05'
I AI2:encv
Interested Persons/Orl!;anizations
I 4.1 Martin W. Inderbitzen, Attorney at 1/03/05
Law
I . Although these comment letters were received after the dose of the public comment period, responses
are provided.
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I Dublin Ranch West Final Supplemental EIR Page 8
City of Dublin February 2005
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Annotated Comment Letters and Responses
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 9
February 2005
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01/03/2005 14:02
5102865559
CALTRAN5
PAGE 01
~TATF! DFr.A.u'mWN'IA BUSINFiX!I: 'I'AAlllwllñtl1'"ATlm.I ANnwnl,~mCì i.f1RNr.'Y
A..~nl n MlWAaUNlPr.r.:1r& ~
@
DEPARTMENT OF TRANSPORTATION
111~AVENUE
P_ O. BOX 23660
OAKLAND, CA 94623-0660
PHONE (510) 286-5505
PAX (510) 286-5513
TTY (800) 735·;2929
RECEIVED'
JAN 0 3 Z005
STATE CLEARING HOUSE
~~~t
Fløyøflt ~rl
B;: ~'gý I/fIdlntl
January 3, 2005
ALA580761
SCHfI2003022082
Mr. Mike Porto
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Letter 2,1
Dear Mr. Porto:
DUBLIN RANCH WEST - DRAFT ENVIRONMENTAL IMPACT UPORT
Thank you for including the California Department of Transportation (Department) in the
environmental review process for the DuhUn Ranch West ptoject. The comments presented
below are bued on the Draft Environmenta11mpact Report (DEIR.): additional comments may be
forthcoming pending final review of the PEIR.. As lead agency, the City of PubUn is responsible
for all project mitigation, including improvements to state highways and related drainage
systems. Pleue note that an encroachment permit will not he issued until our concerns are
adequately addressed. Further comments will be provided during the encroachment permit
process.
Trø.fJk Vol_me Døta
Siace current traffic volume data should he used whenever it is availahle, 2002 data for Interstate 2.1.1
580 (1-580) should he replaced with the more current 2003 volume data which is available from
the Department's weh&te lirilc"listed below. Page 93, Section 4.6, Transportation and. Circulation,
&isting roadway network,
http://www.dot.ca.govlhq/Ullffopslsafcrcsr/trafdatal
HydTø_lies
1. A HydrologylHydrauJic Study should be prepared and suhmimd to the Depamnetlt to enable 2.1.2
us to determine project-related impacts on the 100-~ar flow rates and flow conditions at the
1-S8otrassajara Road Interchange. Project-related drainage impacts 10 1-580 should be
thoroughly evll1uateci, and mitigation recommended where appropriate since FEMA
Floodplain maps show flooding at 1-580 where Tassajara Creek crosses the freeway west of
the intm:hange, and the DElR states that Tassajara Creek is the outfall for project-related
stonn drainage systems. The project should include m..asures to reduce post-development
flow rates 10 existing values. .
"CGlII'aIu i""røvt~ IllØhilif} ~røu C.'(1Í)rftlÐi I'
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01/03/2005 14:02
CALTRANS
PAGE 02
5102865559
Mr. Mike Pono
1"''''')'3. ZOOS
Pop'
2. Development fees should be used to improve the drainMge infrastructUre impacted by the
project. Drainage improvements should include supplementing existing cross culveru under
the freeway that have been overta \ed by unmitigated development within the watershed.
ElICnHlChment Permit
Work that encroaches onto the State Right of Way (ROW) requires an encroachment pennit that
is issued by the Department. To apply, a completed encroachment permit application,
environmental documentation, and five (5) sets of plBl1s, clearly indicating State ROW, must be
submitted to the address below. Traffic-related mitigation measures will be incoqlorated into the
construction plans during the encroachment permit process. See thewebsite link below for more
infonnation.
hnp://www.dot.ca.govJhqltraffopslclevelopserv/permitsl
SeBl1 Nozzari, District Office Chief
Office of Permits
California DOT, District 4
P.O. Box 23660
Oakland, CA 94623-0660
Please feel free to call or cmail Patricia Maurice of my staff at (510) 622-1644 or
DatfÌCÌa maurice@dot.ca.gQv with any questions regarding this letter.
Sincerely,
.~
TIMO . SABLE
District Branch Chief
IGRlCEQA
c:
Mr. Scott Morgan, State Clearinghouse
"C411rm!1 impl'fJillf I'Ik)blIUy øcr(J.r~ CalifømiJJ."
2.1.3
2.1.4
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Amotd
SchwaTZalcgger
Governor
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S TAT E OF C A L I FOR N I A
Governor's Office of Planning and Research
State Clearinghouse and Planning Unit
January 10, 2005
Michael Porto
City of Dublin
Dovolopment Sorvices D'Partment
100 Civic Plaza
Dublin, CA 94568
Letter 2.2
Subject: Dublin Ranch We,t Project
SCH#: 2003022082
Doar Michad Porto:
~.,,~
(~)
.,.;: .
.... -
""""0;;#'
JanBoe1
Acting Director
The enclosed commont (,) on your Draft EIR was (wore) recoived by tho Stale Cloaringhouse after the end
oflhe state review period. which closed on December 30. 2004. We are forwarding these comments to you
because they provide information or raise issues that ,hould be addressed in your flIUll environmental
document.
The California Euvironmental Quality Act does Dot require Lead Agencies to respond to late comments.
Howev~r we encourage you lo incorporate these a.dditional comments into your final en.vironmental
docl11Il<Ilt and to consider them prior to taking f>Da1 action on the proposed project.
PI.ase contact d,e State CleariI>ghouse at (916) 445-0613 if you have allY questions concerning the
environmental review process. If you have a question regarding the above-named project, plea,e refer to
the ten-digit State Clearinghouse number (2003022082) when contacting this office.
Sincerely,
~,~
Senior Plam1er, Stat~ Clearinghouse
Enclosure,
cc: Resources Agency
,.e;(,t0M)
ÒI-1if':OS
@
1400 TENTH STREET P_O. BOX 3044 SACI>.AMENTO. CALIFORNIA 95812-3044
TEL (916) 44$-051) FAX (916) J23.JOU www.opr.",-_gov
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ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
5997 pAI=!K$IDE DRIVE I PLE"A$AN'fON, CALIFORNIA 94SBB-EJ127 ; PI10NE (925) 4a4-2600 FAX (925) 462-3914
December 30. 2004
Mr. Mike Porto, Project P]anner
Community Development Deparunent
City ofDublin
tOO Civic Plaza
Dublin, CA 94568
RECEiVE;)
\f\,N 0 3 R~C'D
. Letter 3.1
!.lUBLIN PLANNIN-
Re: Dublin Ranch West Project- Draft Supplemental Environmentat Impact Report (DSEIR)
Dear Mr. Porto,
Zone 7 has reviewed the referenced CEQA document We have several comments wliich are made m the context of
Zone Ts mission to provide drinking water, non-potable water for agricultore and irrigated turf. flood protection, and
groundwater and stream management within the Livermore-Amador Valley. Zone 7 previously commented on the
Notice of Preparation for a DSEIR for the Wallis Ranch Project, which was the predecessor to this project. Please soe
enclosed March 17, 2003 letter for your reference. Our comments are organized to follow the DSEIR, as follows:
L
Chapter 3.0 Project D..cription - 3,6 Project Development Plan, page 13
This paragraph identified existing and proposed land use designations for the project. The project will consist
of low, medium, and medium·high density residential, neighborhood commercial, and park and open space.
Mitigation for the creation of impervious areas within the Livermore- Amador Valley is addressed through the
collection of Special Drainage Area 7-1 Drainage Fees. The dr.inage fees are collected for Zone 7 by the tocal
governing agency upon approval of vesting tentative or fmal map for new streets/development and/or upon
approval of any new building/grading/use permit required of any public agency/commercial/residential/
mdustrial/agricultural user. Fees are dependent upon whetherpost-project impervious area conditions are
greater than pre-project conditions and/or whether fees have previously been paid. Effective January I, 2005,
the fees will be $0.662 per square feet of new impervious serface area.
3.1.1
2.
Chapter 4.0 Environmental Analysis - 4.7 Utilities and Service.s, Storm Drainage
Under Environmental Setting, page 121, replace sentence that reads "Zone 7 is responsible for master
planning." with "Zone 7 owns and maintains major storm dram cliannets in the Livermore-Amador Valley.
Zone 7 is presently workmg on a Stream Management Master Plan to identify future channel improvernents
beneficial to the residents of the Valley." Correct sentence that reads "Drainage on the project area. .. connect
with Zone 7 facilities south ofI·580" to "Drainage on the project area.. .connect with Zone 7 facilities north of
1-580" It shouid be noted that Zone 7 does not typically maintam culverts, as they are usually owned by
CalTrans, or are the City's responsibitity to maintain.
3,1.2
Under Hydrology and Hydraulic Analysis (Zone 7), page 125, it is noted that the City will requite hydrology
and hydraulic analysis ftom developers for future projects within Dublin Ranch West for review by both the
City and Zone 7. Please be advised that Zone 7 should be .Ilowed to review and comment prior to the
commencement of C!:ach future project.
3,1.3
3.
Chapter 4.0 Environmental Analysis - Supplemental Information in Response to Notice of Preparation (NOP);
Main Basin Salt Loading (Zone 7), page 125
There are a number of corrections to be made in rhis paragrapli. Please be advised that Zone 7's current (near-
term) Salt Management Plan does not include "demineralizing shallow groundwater... and reinjecting it into
the groundwater basin." Instead, we are planning on demineralizing a portion of the produced groundwater
from our existing supply wells and blending it with other water supplies for delivery 10 our cu,tomers. The
portion of sentence that reads "This impact is more of a regional salt-water managemtnt problem, . - -" should
be revised to read "This impact is mOre of. regional salt management problem, ...." Also, replace portion of
3.1.4
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Mt. Mike Pono. Project Plannet
Community Devetopment Deparnnent
City of Dublin
December 30, 2004
Page 2
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sentenCe that roads "thc resulting salty brine is to be piped..... with "the resulting concmlra!e is to be piped
... ~~ Similarly, replace portion of sentenct: that reads « brine processing facilities" to "concentrate processing
facilities". Please also COlTect spelling for Zone 7' s contact for infonnation on main basin salt loading, Dave
Lunn.
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4.
Appendix 8. t Initial Study
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Under paragrnph 8, Hydrology and Water Quality, page 39, it should be noted that all proposed Mitigation 3.1.5
Measures for Hydrology specified in the Eastern Dublin EIR. will require input ftom Zone 7 prior to
implementation, as any new drainage plarJs proposed cou1d have an effect on ·Zone 7's Stream Management
Master Plan. The Mitigation Measutts should also define what sort of channel improvemmt' will be required
of developers.
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In the first sentence of the EnvironmentaI Setting paragraph, page 51, please be advised that Zone 7 is a water 3,1.6
wholesaler and does not serve the project area directly. In addition, Zone 7 does not own or maintain any
,tom drain facilities within the Project Area. In the second paragraph. replace sentence that reads "new ,tonn
drainage facilities which would connect to existing facilities maintained and controlled by Alameda County
Flood Control and Water Conservation Di,trict, Zone 7." with "new ,tonn drain facilities which would connect
to existing facitity owned and maintained by Zone 7, Atomedo County Flood Control and Water Conservation
District."
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Also, please submit for Zone 7 review all future plan and specification and future studies pertaining to the proposed
project; attn: Suzanne Alaksa, Associate Engineer, Advance Planning.
We appreciate the opportunity to comment on these documents. Please feel ftee to call Jack Fong at (925) 484-2600,
ext. 245. or myself at ext. 400, if you have any questions.
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Very tmly yours.
~.o.-µ.. 'J..- j r"~
Jim HOlm
Principal Engineer
Advance Planning Section
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m:JF:alT
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Enclosure
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cc: Dave Requa. DSRSD
John Mahoney, Zone 7
Dave Lunn, Zone 7
Joe Seto, Zone 7
Matt Katen, Zone 7
Jack F oog, Zone 7
Mary Urn, Zone 7
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P:\Advplat¡VacJr,\n~21~04l)ublin RQI1Ch West DSZ11l.doc
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ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
5997 PARKSIDE DRiVE: . p~_ËASANTON, CALIFORNIA 94588-5127 . "'HO~E (925) 484-2600 (....t (9~5) 462-J914
March 17, 2003
Mr. Eddie Peabody Jr.
Development Services Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Notice of Preparation for Supplemental Environmental Impact Report for
Wallis Ranch Reorganization and Development (P A 02-028) and Initial Study
Dear Mr_ Peabody:
Zone 7 has reviewed the referenced Notice of Preparation (NOP) and Initi_al Study, We have several
comments which are made in the context of Zone 7's responsibilities in our senice area to provide
wholesale treated water, non-potable water for agriculture and irrigated turf, flood protection, and
groundwater and stream management. Our comments are listed below and are organized to follow the
order ofthe environmental checklist in this Initial Study:
I, Project Background and Description - Infrastructure, page 5
Tassajara Creek, extending from the southerly boundary of the project to approximately 2,100
feet south of the Alameda County/Contra Costa County line, and an approximate 400-foot long
reach of the tributary to Tassajara Creek, are authorized Zone 7 facilities_ If any alteration of
Tassajara Creek or the tributary are proposed, then a hydraulic study ofthe effect of such
alteration on the water surface under the 100-year flow conditions and the proposed development
should be submitted to Zone 7 for review and comment.
2_ Section 8. Hydrology md Water Quality, item c). page 41
Mitigation for the creation of new impervious areaS "ithin the Livermore-Amador Valley is
addressed through the collection of Special Drainage Area (SDA) 7-1 drainage fees, Zone 7's
standard mitigation practice is to collect án SDA 7-1 fee on any new buildings, improv"rnents
{including, but not limited to paving), or structures to be constructed that substantially increase
the imperviousness of the land surface,
3_ Section 8, Hydrology and Water Quality, item e), page 41
A hydrology study is needed to detennine the impacts to Zone 7' s facilities, Zone 7 requests that
it be able to review and comment prior to co=encement of the project.
4, Section 8, Hydrology and Watcr Quality. items g and i), page 42
A hydraulic study is needed to determine the impacts of the project on the 100-year water surface
ill Tassajara Creek, Zone 7 requests that it be able to review and comment prior to
commencement of the proj ect.
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Mr. Eddie Peabody, Jr.
City of Dublin
March 17,2003
Page 2
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Section 13, Public Services, Water and Sewer, page 46
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This project will also be annexed to DSRSD for water and sewer services. and DSRSD's master
utilities plans, including recycled water, wi1l cover this project area. The Initial Study does not
assess the potential saH loading impacts over our main groundwater basin. Zone 7 considers all
applied water (rainwater is an exception), including both potable water and recycled water, to
contribute saH loading to the groundwater basin and there must be mitigation ofthe associated
impacts.
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Zone 7's Groundwater Demineralization Project is the recommended project to accomplish Zone
7's Salt Management Program's goal of non-degradation of our main groundwater basin ftom the
long-term buildup of salts. Zone 7 expects to begin design in 2004, with project completion
expected in 2006. We request that the City of Dublin express support for the Groundwater
Demineralization Project within the Draft EIR as the appropriate mitigation for any projects
proposed_ Otherwise, we request the City address the mitigation of any salt loading impacts of the
project should Zone 7's proposed Groundwater Demineralization Project not be constructed and
placed into operation.
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6.
Section 16, Utilities and Service Systems, item d), page 52
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A portion of the project area is located in Contra Costa County. Zone 7's service area is in
Alameda County. 'The only portion of Contra Costa County that receives Zone 7 water is a
portion of Dougherty Valley, and that is through a special agreement. Please explain ifthere was
an intent to serve the Contra Costa County portion of the project area with Zone 7 water_
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We appreciate the opportunity to comment on these documents. Please feel fiee to call me at (925) 484-
2600. exl. 400, or Jack Fang at ext. 245, if you have any questions_
Very truly yours,
I_l~~
I ~en
PnnClpal Engmeer
Advance Planning Section
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JH:JF:arr
cc:
Dave Requa, DSRSD
Ed Cummings, Zone 7
Jolm Mahoney, Zone 7
Dave Lurm, Zone 7
Joe Seta. Zone 7
Matt Katen, Zone 7
Jack Fong, Zone 7
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File: P;\Advplall\CEQA Rcf~1s\WQ.l1isRaf\ch&~organizatìonDe\'elol'm(:nt.doc
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r 4(;&j veiL 010505 USrnfffL
10: 5LI {fWl g¡
PARK DISTRICT
EAST BAY REGIONAL
January 3, 2005
Via Fax Ann US Postal Serviœ
Mike Porto, Project Planner
City of Dublin
Community Development Department
100 Civic Plaza
Dublin, CA 94568
Letter 3,2
RE: Tassajara Creek Regional Trail- Dublin Ranch West Project (PA 02-028)
Draft Supplemental Envi1'Onmentallmpact Report SCH # 2003022082
Dear Mr. Porto:
Thank you fur providing the East Bay Regional Park District ("District") with a
copy of the Draft Supplemental Envi1'Onmentallmpact Report (SEIR) for the
Dublin Ranch West proposed project. As stated in the District's Response to the
Notice of Preparation (see March 18, 2003 letter to Mr. Eddie Peabody Jr.) as part
of the implementation of the District's adopted Master Plan 1997, the District
seeks to develop the Tassajara Creek Regional Trail ftom Dublin Blvd., through
the proposed project, continuing northward and eventually connecting to Mi.
Diablo State Park.
The proposed project would not be consistent with the District's Master Plan
1997. The Master Plan locates the Tassajara Creek Regional Trail along the ridge
in the vicinity of the eastern edge of Parks RFf A, and then proceeding northward
along the ridge toward Mt. Diablo State Park. The proposed project would
location the Tassajara Creek Regional Trail in a narrow corridor between two
areas proposed fur low and mediwn density residential development. The Draft
SEIR is inadequate because in does not address the significant impacts associated
with the lack of consistency with the Master Plan, and the impacts ftom changing
the existed open space to residential development adjacent to the regional trail
corridor.
Please call me at 510/544-2621 if you would like to discuss this further.
B
2g~O Peralta Oaks Court P.O, Box 5381 Oaklanc, CA 94605-0381
Ti"L 510635··0135 FAX 510569-4319 mf) 510633-0460 www,flbparks.org
BOARD OF DIRECTCR5
Doug Sioer!
presloen;
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DUBLIN
SAN RAMON
SERVICES
DISTRICT
~ v..et>.. OIGS () 'S
US (VII+-I L 10 '. Sí.j ffM
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7051 Dublin Bou1~v~rJ
Dublin. C~HfQrt1.ia 94568
/?'AX~ 925829 1180
9258280515
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Janua!)' 3, 2005
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Mr. Mike Porto, Project Planner
City of Dublin, Community Development Department
100 Civic Plaza
Dublin, CA 94568
Letter 3,3
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SUbject: P A 02-628, General Pian/Specific Plan Amendment, prezoning and Stage 1 Development
Plan for Dublin Ranch West--Comments on Draft Supplemental Environmental Impact
Report
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Dear Mike:
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Thank you for the opportunity to comment on the subject docwnent. The Dublin San Ramon Services District
("District") has the following comments.
Potable Water Suvvlv o~d Service
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As you point out in the draft EIR, the entire Dublin R>mch West project will create an additional maximwn
potable water demand of 320,000 gallons per day. Because of the planning already done by the District, in
cooperation with the City of Dublin, that demand for Dublin R>mch West is already incorporated into the
District's Urban Water Ma~ogement Plan and 2004 Water Moster Plan Update in progress. In 2004, the
District perfonned and completed a "Water Service Analysis and Water Supply Assessment" for the Dublin
Ranch West project in accordance with the "Agreement to Settle Water Litigation" between the District and
the City ofLivennore; Citizens for Balanced Growth; Zone 7 Water Agency, Alameda County Flood Control
and Water Conservation District; Windemere Partners; and Shapell Industries, Inc., dated November 2, 1999,
A copy of the document was forwasded to the City of Dublin on December 15,2004.
3.3,1
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The facilities cunently planned by the District for this area will be of sufficient capacity to meet the increased
demand at full build out of this project; and this demand will be mitigated somewhat by the e"tension of
recycled water pipelines through the project area and adherence to Dublin's standard water conservation
measures_ To obtain water service from the District, potable water lines must be e"tended into the project site.
The pipeline must be constructed by the project applicant and dedicated to the District for operation and
maintenance. The sizes and locations of all water pipelines should be identified prior to project approval for
installation. Coordination with the District should be conducted to ensure that the proposed activities do not
interfere with e"isting District facilities and the installation of new water lines ase completed in confonnance
with the District' s Sta~dard Procedures. Specifications and Drawings and 2004 Updated Water Master Plan
in progress.
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The supply of the 320,000 gallons per day of potable water for this project is provided for in the long-tenn
con1racts between the Zone 7 Water Agency and the District. No additional mitigation is necessa!)' for
obtaining additional water supply for this project.
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í'i¡ç ¡J\lhlin 3:.1" Rolmon t;¡'['VI~ :'~ (I;xl~;'·1 i~" PI..Ib]i~ I!:nmy
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File; Chron.
H:\£NGD£PTlCBQA\10S.02.2QO:N1ublin Rarø:h We!! SElIc. Ltr 1.3..Q5.doc
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Mr. MiI« Porto
City of Dublin
Januaty 3, 2005
Page 2 of2
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Recvcled Water Suo7Jlv and Service
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District Ordinance No. 301 requires recycled water use for an new land uses that are conunercial, multi-family 3,3.2 '
residential and institutional irrigation within the District's potable water service area. A portion of the
development of the Dublin Ranch West faUs into these categories. In your report, you show a maximum
expected average day demand for recycled water of 104,300 gallons per day for irrigation. The District's 2000
Recycled Water Plan has 132,900 gallons per day for irrigation. The Water Master Plan Upcklte cUlTeIltly in
progress will incOlporate the reduced demand.
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To obtain recycled water service from the District, recycled water lines must be extended into the project site.
The pipelines must be constructed by the project applicant and dedicated to the District for operation and
maintenance. The sizes and locations of all pipelines should be identified prior to project approval for
installation. The installation, operation and maintenance of recycled water lines shall confonn to the District's
Standard Procedures, Specifications and Drawings and Recycled Water Use Guidelines.
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Wastewater Services and Wastewater Effluent Disoosal
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Wastewater flows at Dublin Ranch West's full build out has been included in the planned capacity expansions
of the District's Wastewater Treatment Plant and LA VWMA' s wastewater effiuent disposal facilities,
Providing wastewater conection. treatment and export services is contingent upon the Dublin Ranch West
Development satisfying all requirements contained in the District's Code and implementing the District's
master plans, policies and ordinances.
3.3.3'
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The District has included the project area in its master plan study sewer services. So that the project may
receive sewer services from the District, sanitary sewer lines must be extended into the project site. These
facilities must be constructed by the project applicant and dedicated to the District for operation and
maintenance. The sizes and locations of all District utilities and facilities should be identified prior to project
approval. Coordination with the District should be conducted to ensure that the proposed activities do not
interfere with existing District facilities and the installation of new sewer lines are completed in conformance
with the District's Standnrd Procedures, Specificatto/IJ and Drawings and updated master plans.
3.4.4
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As noted above, our agency does not deem any mitigation beyond those specified in the Draft EIR for the areas
of our potable water, recycled water, or wastewater conection and disposal services to the community. We
feet the joint planning effort done between the City of Dublin and the District has successfully identified those
areas of concern and planned reasonable solutions for those areas. Thank you for your consideration in this
matter. If you have any questions regarding these comments please can me at (925) 875-2255.
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RHODORA N. BIA~
Associate Engineer
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ce: D. Requa
D. Behrens
S. Delight
R. Portugal
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file; Cbron.
H:\ENODEPTlŒ(;!~\2!1~-02-100:5\Dklb]in JW¡¡;h WCffI 5EIR La 1_~_OS:,do¡;
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COUNTY OF ALAMEDA
PUBLIC WORKS AGENCY
DEVELOPMENT SERVICES DEPARTMENT
95 t Turner Coun, Room tOO
Hayward. CA 94545 "2698
(510) 670-6601
FAX (510) 670·5269
January 4, 2005
Mike Porto
Project Planner
City ofDublin
Community Development Department
1 00 Civic Plaza
Dublin, CA 94568
Letter 3.4
Dear Mr. Porto:
Subject: Dublin Ranch West Project
Draft Supplemental Enviroomental Impact Report
Reference is made to your transmittal of the above noted Draft SEIR for the Dublin Rmtch
West project, located on 189 acres within unincorporated Alameda C01.ll1ty, west side of
Tassajara Road, east of Parks RFTA, south of the Alameda/Contra Costa COlDlty line and
north of the existing Dublin City limit line.
We have reviewed the submitted cloc1.ll11ents and offer the following comments:
1. Exhibit 16 shows a future Tassajara realignment. Transitions will be needed within the
current project limits.
2. Evaluation should be made on construction impacts to adjacent County roads.
3. Evaluate impacts to existing COlDlty roads due to increased traffic. Potential traffic
calming requirements may be needed for C01.ll1ty roads.
4. Although a conceptual sketch is provided regarding this project, it is critical that roadway
improvements be included in the area between the jurisdictional boundaIy line and the
most southerly limits of the project. Experience has demonstrated that this roadway area
has been subjected to previous incidents due to limited shoulder area, motorist speed, and
reaction time with motorists in the turning-movement process. Since this section of
roadway has a curve-linear alignment, it is critical that roadway design standards and
improvements be considered beyond the frontage limits of the parcel.
5. With the future alignment of Tassajara Road and Fallon Road, it is important for right of
way dedication (to the ultimate alignment) of this roadway be considered. The existing
right of way on Tassajara Road is 66 feet with a future-width-line of 100 feet.
D\-IG-ùtJ
R&£II!EJ)
TO SERVE AND PRESERVE OUR COMMUNITY
3.4.1
3.4,2
3.4.3
3.4,4
3.4.5
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Mr. Mike Porto
2
January 4, 2005
6. Prior to finalizing this design concept, it is suggested that a roadway conceptual plan be
considered for the surrounding area. Although not all lands westerly of T assaj ara Road
are a part of the proposed project, the ultimate development of this area will undoubtedly
impact surrounding parcels and roadway improvements along Tassajara Road.
7. On Tassajara Road, the installation of a traffic signal, deceleration and acceleration lanes,
potential for on-street bike lanes, shoulder improvements, street lighting, and additional
traffic control signing and striping should be considered. These improvements are further
summarized in the consultant's report, "Supplemental hnpacts for Potential Traffic
Safety Impacts."
3.4,6
3,4,7
Thank you for the opportunity to review the Draft Supplemental EnvirolUDental Impact Report
for this project. If you have any questions, please call Andrew ~ukaat (510) 670-6613.
Very tnIly yours,
Stanley Fung
Deputy Director
Development Services Department
1r--f
IAO
cc: Hank Ackennan, Flood Program
John Fenstermacher, Real Estate Division
James Chu, Road Department
Robert Preston, Traffic Engineering
Mario Montalvo, Maintenance & Operations
Tom Hinderlie, Maintenance & Operations
Fred Wolin, Environmental Se1VÌces
Robert Hale, Clean Water Division
Gary Moore, Permits Section
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Vét~ Jer::J ~
MARTIN W. INDERBITZEN
Attorney at L.aw
January 3, 2005
Hand Delivered
Mike Porto
Planning Department
City of Dublin
100 Civic Plaza
Dublin,Califomia94568
Letter 4,1
Re: Dublin Ranch West Draft Supplemental Environmental Impact Report
Dear Mike:
Thank you for the opportunity to conunent upon the Dublin Ranch West SDEIR.
Conunents pertinent to the Biology Chapter are attached herein as a separate document.
All other chapter comments are presented below.
Exhibit 12 Master Infrastructure Piau. We wish to clarify that although the PlaIl does
not illustrate Zone 2 water lines in Tassajara Road, north of the primary project entry, and
in Fallon Road, DSRSD plans to have these lines placed in these street segments.
Pal!"e 14. Second bullet item: replace "9.7" with "3.7".
Pate 18. Second paragraph under Utility services, second line: replace "westerly" with
"easterly".
Pal!e 91. First line of page: replace "550" with "428".
Pue 141. First paragraph of5.4 Alternative 3.. .: replace "8.7" with "7.8".
Pal!es 1-2 and 135-136:
The Dublin City Council held a public workshop on October 5, 2004 to discuss various
issues regarding the Dublin Ranch West project, including reviewing and evaluating four
plans that looked at different locations and sizes of neighborhood parks on or near the
project site. The Council selected Option Four, which provided 7.66 acres of
neighborhood park on site, arid 1.04 acres of neighborhood park that would be located on
an adjacent development parcel because "it would serve the different needs of the
community". Additionally, 1.2 acres of land was set-aside on the project site that could
be utilized as either public/sellÚ-public or neighborhood park uses. The Council accepted
Por'I.ol.3
DR-WalHs
7077 KOII Center Parkway, Suit. t20, PI....nton. Calno.nla 94566 Phone 928 485·1060 Fax 925 48ó-10eS
4.1.1
4.1.2
4.1.3
4,1.4
4,1.5
4,1.6
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Mike Porto
January 3, 2005
Page Two
the fact that neighborhood park acreage could be moved off site if need be. Based on the
foregoing, we request that mitigation measure PARK-I be revised as follows:
PARK-I. Prior to tentative map or Stage 2 Development Plan approval, whichever
occurs first, the project developer shall:
(a) Revise the land use program for the Dublin Ranch West site to provide an
additional 1.04 net acres of Neighborhood Parks land use designation in
lieu of a public/sernicpublic use; or
(b) Pay in-lieu fees for required Neighborhood Park acres.
Pal!e 135, first paragraph after Supplemental Impact PARK-I: Revise "7.66" acres to
'46.8u.
4.1.7
Biological Resources Section 4.3
Our remaining comments focus on the Biological Resources Section, Section 4.3 of the
Supplemental Draft EIR. Attached hereto and incorporated herein by reference are two
memorandums prepared by H.T. Harvey & Associates (the first dated December I, 2004;
the second dated December 30, 2004) each referencing specific sections of the
Supplemental Draft ElR with appropriate comments.
4.1.8
In addition, it is our belief that the Environmental Setting Section of Section 4.3, at Page
47 of the SDEIR does not adequately consider the beneficial impacts of the Tassajara
Creek Management Zone for its unique beneficial affects on the wildlife that are
potentially'impacted by the project. If the SDEIR were to properly consider the
foregoing as part of the environmental baseli!1e (California Environmental Quality Act
Guidelines Section 15125) the SDEIR would conclude that the potential affects on the
California Red-Legged Frog ftom this project are redu.ced to a level of insignificance.
The TassajaraCreek Management Zone (TCMZ) must be considered in conjunction with
the Biological Opinion of the United States Fish and Wildlife Service dated July 1, 2002
together with the Project Area Mitigation and Monitoring Plan prepared by H.T. Harvey
& Associates as well as the Tassajara Creek Conservation Area Management Plan and
the Tassajara Creek Private Open Space Management Plan. If one were to review the
Biological Opinion dated July 1, 2002,. it would be accurate to conclude that the
development of Dublin Ranch West was not specifically identified as a project impact for
the Opinion. Nevertheless, the Service did take into consideration the potential
development of Dublin Ranch West; two potential bridge crossings across Tassajara
Creek and the City of Dublin's park and recreation plan when issuing the Biological
Opinion and approving the Tassajara Creek Management Zone and its associated
POJ"tol.J
úR-Wallis
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Mike Porto
January 3, 2005
Page TInee
mitigation and monitoring plan, the Tassajara Cret1k Conservation Area Management
Plan and the Tassajara Creek Private Open Space Management Plan.
The descriptions used by the Service and the measures required in the TCMZ indicate
that impacts to the upland area of Dublin Ranch West as dispersal habitat for the
California Red-Legged Frog have already been considered. As a result, the impacts of
Dublin Ranch West on the California Red-Legged Frog dispersal habitat are insignificant.
The Biological Opinion issued by the U.S. Fish and Wildlife Service states UDder the
Section entitled Affects of the Proposed Action Subsection Direct and Indirect Affects·
(California Red-Legged Frog;Rcd-Legged Frog Critical Habitat) at Pages 22 to 23.
"The City of Dublin is planning to construct trails along both sides of
Tassajara Creek within the Tassajara Creek Open Space. These future
trails may result in the loss of additional acres of California Red-Legged
Frog habitat and on-going affects in the form of harm, harassment, injury,
and mortality to California Red~Legged Frogs from habitat loss and
modification, trail construction related disturbance, trapping and relocation,
loss of movement corridors, increased predation by pets, crushing by
horses, bicycles and pedestrians, and capture for pets."
Under the Section entitled Cumulative Affects (still within the Section entitled Affects of
the Proposed Action) the Service states at Pages 29 and 30:
"A future housing development is planned immediately to the west of the
Tassajara Creek open space. The Applicants plan to construct two road
crossings over Tassajara Creek at some undetennined future time through
the 53 acre Tassajara Creek open space to provide access to the site
of the future housing development. This future development would likely
resuJt in the loss of additional acres of California Red-Legged Frog and
California Tiger Salamander habitat."
The Service states in its Opinion under the Section Incidental Take Statement subsection
Amount or Extent of Take that:
". . . the Service anticipates that an unquantifiable number of California
. Red-Legged Frogs will be taken in conjunction with the following: . . .
(2) Temporary loss of 53 acres of California Red-Legged Frog habitat from
the Habitat enhancement (as a result of future crossings] and perpetual
recreation activities by the City of Dublin Parks Department [as a result
of construction and operation of City trails]". [Emphasis added]
PortoU
DR·Wa1li5
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Mike Porto
January 3,2005
Page Four
These references to the temporary loss and the perpetual recreation activities by the City
of Dublin are clear references to the authorized incidental take as a result of the activities
identified under Direct and Indirect Affects at Pages 22 and 23 and cumulative affects at
Pages 29 and 30. Because the recreational trails are anticipated to be constructed withiJ¡
the Tassajara Creek open space which is immediately adjacent to the Tassajara Creek
Management Zone (and between the Tassajara Creek Management Zone and the
proposed development of Dublin Ranch West) the additional acres of Red-Legged Frog
habitat, the harassment, injury and mortality to California Red-Legged Frogs from habitat
loss and modification, the loss of movement corridors, the increased predation by pets.
crushing by horses, bicycles and pedestrians, capture for pets, trail construction related
disturbance, trapping and relocation resulting ITom the Dublin Ranch West project
proposal is insignificant inasniúch as it has already been taken into consideration by the
Service in the Incidental Take Statement of its Biological Opinion dated July I, 2002.
The Tassajara Creek Private Open Space Management Plan states as its goal as follows:
''The primary goal of the POS [Private Open Space] is to manage
the annual grassland habitat, oak savannah/oak woodland habitat,
and swale in a manner that is compatible with mauagement
of the adjoining TCMZ (H.T. HaIvey & Associates 2003b) and the
overall TCCA [Tassajara Creek Conservation Area]. In order to
achieve this goal, the P~S will be managed as a transition area between
the TCMZ and the adjacent future development."
With the issuance of its Biological Opinion on July I, 2002 and approval of the Tassajara
Creek Cornervation Area along with its related management documents (for the
Tassajara Creek Management Zone and the Tassajara Creek Private Open Space) there is
little doubt that the Service intended to provide for the development and enhancement of
habitat for the California Red-Legged Frog within the Tassajara Creek Cornervation
Area and to protect the California Red-Legged Frog from the approved and anticipated
development adjacent to the Tassajara Creek Conservation Area by among other thiJ¡gs
providing in the management docwnents for a "transition area between the Tassajara
Creek Management Zone and adjacent future development". Thus, any impact to the
California Red-Legged Frog as a result of upland dispersal would be insignificant
provided that the Tassajara Creek Open Space Management Plan is complied with.
.Porto1.3
DR-WaU'¡s
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Mike Porto
January 3, 2005
Page Five
For ease ofreference, I have enclosed:
1. A complete copy of the Biological Opinion issued by the United States
Fish and Wildlife Service highlighted (a) to show the U.S. Fish and
Wildlife Service acknowledgment of adjacent development and the
impacts thereof identified under both direct and indirect impacts (page 22)
as well as cumulative affects (page 29); (b) incidental take as result of
"perpetual recreation activities by the City of Dublin Parks Department".
(page31).
2. The Tassajara Creek Conservation Area Management Plan.
3. Tassajara Creek Private Open Space Managemeut Plan.
4. Portions of the Project Area Mitigation and Monitoring Plan.
Once again, thank you for the chance to comment upon this document. Please feel ftee to
can me at 925-485-1060 if you wish to discuss these comments in greater detail.
Very truly yours,
/
/;;;:gq
MARTIN W. INDERBITZEN
MWI/1mh
Enclosures
cc: Jim Tong
Connie Goldade
Porto\.J
Pit-Wallis
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~ H T. HARtlEY &ASSOC/A7ES
~ ECOLØGlCAL CONSLLTANTS
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Martin InderbitzenlCouuie Goldade
Steve Rotteuborn
I December 2004
Comments ou Dublin Ranch West Draft SEIR
Our staff has reviewed the Draft Supplemental EIR for the Dublin Ranch West Project. Some of
our previous concerns 011 previous drafts have been addressed, but we still have concerns
regarding several items. Specific comments are as follows:
Impact BlO-l (California Tiger Salamander [CTS ):
. SM-BIO-I and: SM-BlO-2, page 1-4 (also pages 56 and 64): The existing passive
exclusion barrier was installed, with CDFG approval, to act as a temporary barrier to
exclude CTS from enteril1g the future development and construction areas while alloWÌIlg
CTS to leave the site. This purpose is the same as the ''temporary herpetological fence"
described in BIO-I a) not a permanent fence or barrier as in BIO-2. BIO-I a) should be
modified to allow a temporary herpetological fence or barrier and delete reference to USe of
the current one-way barrier m a. pemlanent capacity. In addition, the passive exclusion
nature of this barrier allows it to substitute for trapping along the perimeter as would be
required under BlO-I b). BIO-l b) should be modified to describe a salvage plrm rather
than exclusively Ii trapping plan. BIO-2 should also be modified to delete descriptiol1 of
the existing passive exclusion barrier fot perrnrment use.
4,1.9
· SM-BIO-3, page 1-5 (also pages 63 and 64 rmd Table 6): The DSEIR states il1 several
places that crs may breed in rassajara Creek, and that further surveys should be
conducted in the creek. In our opinion, further surveys for crs in Tassajara Cteek should
not be necessary. Reports sUlIW1arizing surveys for crs by H.T. Harvey & Associates
(HTH) along rassajara Creek 011 the Dublin Ranch West site were provided to Wetlands
Research Associates (WRA). HTH conducted surveys for CTS il1 suitable habitat in the
rassajara Creek drainage On the Dublin Ranch west site in 1993, J995, and 2000.
Tassajara Creek is a very deep, strong stream with high flow volume and velocity. during
the winter months when crs are active, and it is our opinion (supported by multiple
surveys) that this creek does not provide breeding habitat for CTS. As a result of the
UI1Suitability of habitat along most of the creek drainage, crs larval surveys were .focused
on the only habitat within the Tassajara Creek drainage that approaches potential breeding
habitat (an isolated oxbow). No evidence of crs breeding was found in this area or
elsewhere in Tassaj ara Creek, and we do not think that further surveys for breeding crs in
T assaj ara Creek are necessary.
4.1.10
.~
San Jose Office
3150 Almaden Expre"way, Suite 145
S"" Jose, CA 95118. 408-448-9450. Fax: 408-448-9454
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. SM-BIO-4, page 1-6 (also pages 64-65): The calculation of CTS aestivation habitat as
approximately 110 acres is not explained further than as "all areas of upland habitat" (page 4,1.11
63). We believe the development impact area where loss of aestivation habitat will occur
to be approximately 97.2 acres. We base this on the developwent acreage accessible to
CTS as shown in Exhibit II (page 32). We also recommend that more flexibility in the
location of the CTS :mitigation site be permitted in the event that locating a suitable
:mitigation site within the DublinlLivennore Valley area is found to be impracticable. We
recommend that the sentence "The mitigation aestivation habitat shall be located in the
Dublin and Livennore Valley area and shall exhibit similar characteristics to the habitat
lost" be revised to read that the mitigation site "shall be located as close to the
DublinlLivennore Valley area as is practicable, and as approved by the USFWS aDd
CDFG".
. SM-BIO-7, page 1-9 (also pages 65 and 66); This measure should be rilOdified to add: 4.1.12
. During ground disturbing activities, constrnction employees should receive educational
training concerning sensitive. species._Construction of wulti-phase projects, such as this
type of residential/commercial development, can take several years. In addition, as
construction progresses in a given area, the type of contractor changes from those
exclusively moving dirt to those only framing or finishing buildings. Employees can
change daily during many phases of the projects making it a monumental task to track and
provide training during all phases. It is appropriate to educate construction employees
during ground disturbing activities when they :might encounter special-status species,
however, construction employees during the later phases (e.g. ca:r;penters)· will not be
encountering those species.
Impact BIO-2 (California Red-legged Frog [CRLF]):
. SM-BIú~8, page 1-10 (also pages 53-54 and 66-67): While we agree that CRLF could' 4,1.13
leave the T!I.5sajara Creek drainage in a few areas (e.g., at the farm road crossings) where
the topography might allow such egress, we believe. that most movement by CRLF in the
area will be via the drainage itself, and that use of the upland areas on the site by CRLF is
likely very limited. We do not expect CRLF dispersal across the uplands west of Tassajara
Creek on this site to be nearly as high !1.5 dispersal along. the creek drainages, and across the
portion of the Conservation Area that abuts Camp Parks to the north. We believe that the
description of upland/dispersal habitat for CRLF on the Dublin Ranch West site relies too
heavily on the defmitions provided in the critical habitat rule for the CRLF rather than this
important site-specific information regarding topography and its effects on likely dispersal
by this species. In addition, "dispersal habitat" !1.5 defined by the USFWS in the recovery
plan and the re-proposed critical habit!!t designation, !1.5 cited in the SEIR, must be barrier
free and "at least 90m (300 ft) wide:" The access point shown in the SEIR that allows
CRLF dispersal across 66 acres of "dispersal habitat" is a narrow farm road with a very
steep grade that is less than 20 feet wide and does not meet the USFWS definition. In the
SEIR, H. T. Harvey & Associates is cited as concluding "that primary constituent elements
of CRLF critical habitat are present on or adjacent to the Dublin fuw.dJ West area". H. T.
Harvey & Associates' conclusion was based on a 300- foot wide corridor of dispersal
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habitat on the northern border of the project site along a gently slQping drainage. WWle it
is possible that a few individual access or even disperse across portions of the upland
habitat on the Dublin West site, it is not "dispersal habitat" In our opinion, the loss of
potential upland dispersal habitat for CRLF is not a significant impact under CEQA.
The Biological Opinion (BO) for Dublin Ranch, issued by the USFWS on July I, 2002, 4.1.14'
identifies the Tassajara Creek Open Space as one of the mitigation sites for impacts to
CRLF from the Dublin Ranch project and describes the activities that are expected to occur
within and adjacent to the Open Space area. The BO acknowledges potential future
impacts to CRLF habitat from a future housing development planned immediately to the
west of the Tassajara Creek Open Space and two road crossings over Tassajara Creek
through the Open Space area- However, it seems clear that the USFWS thought that
implementation of the Tassajara Creek Open Space management plan would not only serVe
to mitigate (in' part) Dublin Ranch project impacts; but also to provide adequate protection
for CRLF using this reach of Tassajara Creek. In our opinion, because the existing
Tassajara Creek Open Space management plan provides. protection for the primary
dispersal avenues for CRLF on the site, no mitigation for the loss of upland disperSal
habitat for the CRLF should be necessary.
However, if the City insists that impacts to CRLF dispersal habitat are significant and 4.1.15
require mitigation,)t is our opinion that OD-siteimprovements to promote dispersal of
CRLF to points west of the site would benefit CRLF more than the off-site mitigation
proposed by SM BlO-8. The applicant could enhance the drainage along the northem
boundary of Dublin Ranch West Project Site to provide better connectivity between the
aquatic habitats to the west and Tassajara Creek. This drainage within the project site
would be maintained as open space and managed to support dispersal of CRLF., This
drainage would be enhanced by constructing micro· topographical depressions or temporary
ponding areas, and/or improving habitat for foraging and refuge, pl3l\ting native vegetation
(i.e., willows), adding downed woody debris 3l\d natural rocks to be used as refugia by
CRLF. .
., SM-BIO-9, pages I-II and 1-12 (also page 67): In the sentence, "If CRLF are found 4.1.16
within the construction areas (or other sensitive wil¡llife species), they shall be immediately
moved to undisturbed; preserved portions of Tassajara Creek if authorized in a biological
opinion issued by the USFWS for the project", the "other sensitive wildlife species" phrase
requires clarification. Depending on whether or not such species are listed, they mayor
may not be addressed in a BO. The "other sensitive wildlife species", which are also
referred to on page 1-12, that would require relocation should be identified specifically.
. SM-BIO-9, page 1-12 (also page 67): We recommend that the statement "A biologist with 4,1,17
appropriate permits to relocate a¡¡y CRLF..." should be revised to read "A qualified
biologist with appropriate authorization to relocate CRLF in conjunction with a biological
opinion"." The USFWS does not issue general permits to allow biologists to relocate
CRLF; rather, this authorization would be graIited on a project-specific basis in conjunction
with a BO.
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ImpactBIO-3 (Breeding Birds):
· SM-BIO-ll, page 1-14 (also page 68): In our opiDioIJ., impacts to nests of common birds
are not signiiicant impacts under CEQA; these are regulatory compliance issues (e.g.,
Migratory Bird Treaty Act, CDFG code), not CEQA issues. While pre-constroction
surveys for compliance with such regulations are advisable, they should be dealt with
separately from CEQA compliance.
4.1.18
· SM-BIO-ll, page 1-14 (also page 68): If the City insists on retaining SM BrO-ll, we
recommend that the statement that a breeding bird survey shall be conducted ''throughout
the Dublin Ranch West area" be revised to read "throughout the development portiori of the
Project area" as indicated later in Bra-II; except in the case of Golden Eagles (which are
not known to nest on the Dublin Ranch West site), no nest surveys should be required in
portions of the Project area >250 feet from proposed development.
4.1.19
· 8M-Bra-II, page 1-14 (also page 68): We recommend that in the sentence, "All activities
shall be prohibited within the buffer until after young have fledged and moved out of the
nest", the word "and" be replaced with "and/or". The Killdeer (Charadrius vociferus), one
species for which habitat may actually be temporarily enhanced by construction-related
disturbance due to its preference for sparsely vegetated habitats and its moderate tolerance
of human activity, could possibly nest on the site during construction; because this species'
precocial young leave the nest soon after hatching (but long before fledging), there is no
need for the buffer around a Killdeer nest to remain in place after the young have hatched
and left the nest area.
4,1.20 .
Impact BIO-6 (Special-Status Plants):
. Topic/Suppleroental Impact, page 1-19 (also page 70): The "TopiclSupplenJental Impact"
should read "Biological Resources. Loss of Congdon's tarplant" since this is the only plant
species considered to be of special status by the City known to be present on this site.
4,1.21
. 8M-Bra-IS, page 1-19 (also page 70): rt is our opinion that the lossofapproximately 630
individual Congdon's taIplants does not constitute a significant impact under CEQA given
the fairly widespread occurrence and abundance of the species. The taIplant is known to
occur in sizeable numbers in the Dublin-Livennore area (e.g., 240,000 individuals
estimated on Camp Parks i=ediately adjacent to Dublin Ranch West), and the ioss of
approximately 630 individuals at Dublin Ranch West «0.1% of a regio¡¡a] population of
over 700,000 plants) would not be significant to the overall population. We recommend
that this impact, and Mitigation Measure SM-BrO-15, be deleted.
, 4.1.22
If the City insists that mitigation be provided for impacts to Congdon's tarplant, we believe
that mitigation perfonned on the basis of the number of individuals impacted would be
more appropriate than on the acreage of occupied habitat impacted given the fact that the
majority of individual plants to be impacted (about 500) are scattered at low densities over
approximately 4 acres south of the existing residence on the site; the remaining individuals
4.1,23
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to be impacteä occur in small areas west of Tassajara Creek. Protocol-level surveys
conducted by HTH in September 2002, with follow-up surveys in 2003, revealed five
subpopuJatiOl1s within the Tassajara Creek Management Zone (TCMZ) that average
approximately 500 individuals 011 0.5 aCres each. Thus, the "largest" impact ¡¡rea, in terms
of acreage, may be a low-quality site due to the low density of plants found in this 4-acre
¡¡rea, and it is our opimon that mitigation within the TCMZ can achieve del1sities similar to
those currently occurring in the TCMZ; only approximately 0.63 acres of mitigation land
e!ÙlID:lcement, seeding, and management would be needed to provide habitat for an
additional 630 individual plants.
In 2003, prior to detennirring that impacts to Congdon's tarplants on Dublio Ranch West 4,1.24
should be considered less than significant due to the size of the regional populatiOI1, HTII
prepared a draft Mitigation and Momtoring Plan describing the establishment and
management of Congdon's tarplants 011 approximately 0.8 acres surrounding an existing
tarplant subpopulation within the TCMZ; an updated draft version of this plan is attàched
to this memo. If the City insists that mitigation be provided for impacts to Congdon's
tarplant, we recommend that SM-BIO-15 be revised to read, "The Dublin Ranch West
Congdon's Tarplant Mitigatiol1 and Momtoring Plan (H.T. Harvey & Associates 2004)
shall be implemented to compensate for the removal of Congdon's tarplant individuals."
We have provided a copy of the Congdon's tarplant Mitigation and Momtoring Plan to
Jerry Haag, and to Michael Josselyu at WRA. We are sending two copies for your use in
processing these comments. This plan may be accessed via our fip site. Clicking On thè
link below will take you to the Hill ftp site; open the folder named Dublin West and down
load the tarplant pdffile.
ftp:flharveyftp:harvey3150(a)209.237.26.68
Impact BIO-7 (Loss of riparian vegetation):
. H. 1. Harvey & Associates has mapped the riparian vegetation along Tassajara Creek 4.1.25
(provided to WRA) and so has determined impacts of the bridges across Tassajara Creek
more precisely at 0.31 acres. This was accomplished by overlaying the bridge plans over
the riparian habitat map.
. SM-BIO-16. page 1-21 (also page 71): H. T. Harvey & Associates has developed a riparian 4.1.26
habitat mitigatioa and momtoring plan for the project site. We recommend that SM-BIO-
16 be revised to read, "The Dublin Ranch West Riparian Mitigation and Momtoring Plan
(H.T. Harvey & Associates 2004) shall be implemented to compensate for the removal of
riparian vegetation subject to approval ofCDFG and the City".
We bave provided a copy of the Riparian Mitigation and Momtoring Plan to Marty for
approval. We are sending 4 copies for your use in processing these comments if it meets
with his approval. This plan may be accessed via our ftp site. Clicking on the link beiow
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will take you to the HTH ftp site; oþen the folder named Dublin West and dowh load the
Riparian pdf file-
ftp:/lharvevf!p:harvey3l50(ål)0923726.68
Environmental Setting
· Page 47: The sentence "The portions of the Project area has been used for cattle 4.1.27
grazing. . ." should be revised for clarity/gram.w.ar.
· Page 48: The sentence "The majority of the Project area is domillated by non-native 4.1.28
grassland that has been historically, and has been used for livestock grazing" should be
revised for clarity/grammar.
· Pages 49-50: As discussed previously, it is OUT opinion that the reach of Tassajara Creek 4.1.29
located On the project site does not provide suitable breeding habitat for CTS, as this is a
very deep, strolJg stream with high flow volume and velocity during the winter months
when CTS are active. Surveys by HTH in 1993, 1995, and 2000 did not detect CTS in the
orily habitat within the Tassajara Creek drainage on-site that approaches potential breeding
habitat (an isolated oxbow).
· Page 51: To place the impact to 630 individual tirplants expected to result from this' 4.1.30
project into the appropriate context, the brief SUIIlII1a1)' of the status of Congdon's tarplant
should include more information regarding the abundance of the species in the Dublin-
LivelTIlore area (e.g., 240,000 individuals estimated on Camp Parks immediately adjacent
to Dublin Ranch West).
· Page 53: The document states, "HTH relocated a nUJIlber ofCRLF nom elsewhere on the 4,1.31
Dublin Ranch West portion of the Project site into Tassajara Creek..." This sentence
should be revised to read "HTH relocated a number of CRLF nom Dublin Ranch into
Tassajara Creek...." - no relocation of CRLF nom the Dublin Ranch West project area
itselfha.5 beelJ undertaken by HTH.
· Page 56: The document states that CTS critical habitat has been designated. Critical 4.1.32
habitat for this species has been proposed, but the designation has not yet been approved.
· Page 56: The document states that no larval surveys for CTS have been conducted in 4.1.33
T assaj ara Creek within the Dublin Ranch West area, and that larval surveys conducted in
this drainage by HTH were "downstream of this site". As summarized in reports provided
to WRA, HTH conducted surveys for CTS and suitable habitat in the Tassajara Creek
drainage On the Dublin Ranch west site in 1993, '1995, and 2000. Tassajara Creek is a very
deep, strong stream with high flow volUJIle and velocity during 'the winter months when
CTS are active, and it is our opinion (supported by multiple surveys) that this creek does
not provide breeding habitat for CIS. As a result, CTS larval surveys were focused on the
only habitat within the Tassajara Creek drainage that approaches pOtential breeding habitat
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approximately 770 cubic feet per second, at a mUùmum depth of 5 feet (2003 Draft
Tassajara Creek Dnrina¡¡ge Analysis for Dublin Ranch West (Wallis Property), City of
Dublin, County of Alameda). Such high flow volume a¡¡d velocity in Tassajara Creek is
not conducive to the breeding biology of CTS, which require lentic habitats (i.e" non-
flowing pools), or at most gentle flow, during the winter a¡¡d early spring breeding
season. Even lower flow volume and velocity in Tassajara Creek tha¡¡ the 2-year event
calculated by MacKay & Somps would still not allow for successful deposition of
spermatophores by the males or of fertilized eggs by the females; aU would be washed
downstream due to the flows. If successful fertilization and hatching of the eggs were
even to occur (e.g., during a protracted period of little rainfall), the larvae would be
susceptible to the high flows and again would be washed downstream. CTS do not breed
in highly lotic (stream type) environments such as Tassajara Creek for this reason.
· Because Jeff Dreier ITom WRA had reported the presence of CTS breeding in a stream in 4,1,38
the Dublin area, we searched the California Natural Diversity Data Base (CNDDB) to
further analyze the possibility of CTS breeding in streams such as Tassajara Creek. A
total of 809. occurrence records were searched, of which 258 records between 1961 and
2004 were trom Alameda and Contra Costa Counties; Of these 258 records, 140 records
documented breeding by indicating the presence of larvae and/or eggs. Of these 140
records, 109 were trom artificially constructed ponds (stockponds, bermed springs or
drainages to create ponds), 15 were livm natural ponds, 11 were ftom vernal pools, three
were ftom sea>sonal wetlands, and two did not indicate breeding habitat. No record
indicated that breeding occuned within. a stream or natural drainage.
· In the USFWS "Designation of Critical Habitat for the California Tiger Salamander, 4,1.39
Central Population; Proposed Rule" (Federal Register 69:48570-48649), the primaty
constituent element for breeding "based on our current knowledge of the life history,
biology, and ecology of the species..." that must be present to be considered critical
habitat is "Standing bodies of ftesh water, including natural and man-made (e.g., stock)
ponds, vernal pools, and other ephemeral or permanent water bodies that typically
become inundated during winter rains and hold water for a sufficient length of time
necessary for the species to complete the aquatic portion of its life cycle." Streams are
not included as a primary constituent element by the USFWS. The tJSFWS use best
available science in designation of Critical Habitat in accordance with the federal
Endangered Species Act.
· Exotic species known to have a signjficautly negative affect on CTS by preying on the 4,1.40
eggs and larval salamanders, such as mosquito fish (Gambuiia qlfini$), bluegill (LepomÌ$
macrochirus), and crayfish (Procambarus clarkii), are in high numbers within the reach
of Iassajara Creek adjacent to the Dublin Ranch West site.
· The mainstream literature on CIS describes breeding habitat as vernal pools, seasonal 4,1.41
and perennial ponds, and possibly (but not documented) quiet pools of streams, but no
studies to date have indicated that streams with such high winter flows as T assajara Creek
provide suitable breeding habitat for CTS. A list of the literature we have reviewed in
this regard is presented below:
o Anderson, P. R. 1968. The reproductive and developmental history of the
California úger salamander. MA Thesis, Fre@o State College, Fresno, California.
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o Feaver, P. E. 1971. Breeding pool selection aud larva.l mortality of three
California amphibiaus: Ambystoma tigrinum califomiense Gray, Hyla regilla
Baird aud Girard, and Scaphiopus hammondii Girard. MA Thesis, Fresno State
College, Fresno, California. .
o Fisher, R. N. aud H. B. Shaffer. 1996. The decline of amphibians in California's
Great Central Valley. COl1$eryation Biology 10:1387-1397.
o Jennings, M. R., and M. P. Hayes. 1994. Amphibiau and reptile species of
special concern in California. California tiger salamander, pp. 12-16. Final report
to California Dept. ofFish and Game Inlaud Fisheries Division, Rancho Cordova.,
California.
o Loredo, D. Van Vuren, M. L. Morrison. 1996. Reproductive ecology of a
population of the Califonùa tiger salamander. Copeia 1996:895-901.
o Petranka, J. W. 1998. Salamander¡; of the UI1Îted States and Cwmda.
SmithsoI1Îan Institution Press, Washington and London. 1-587 p.
o Shaffer, H. B., R. N. Fisher, and S. E. Stanley. 1993. Status Report: The
California tiger salamander (Ambystoma californiense), final report to the
California Department of Fish and Game. California Department of Fish and
Game. Sacramento, California.
o Stebbins, R. C, 2003. A Field Guide to Western Reptiles and Amphibians. Third
Edition. Houghton Mifflin Company, Boston, Massachusetts.
o Storer, T. 1. 1925. A synopsis of the amphibia of California. UI1Îversity of
California Publications in Zoology 27:1-342. .
o Trenham, P. c., H. B. Shaffer, W. D. Koenig, and M. R. Stromberg 2000. Life
history aud demographic variation in the California tiger salamander (Ambystoma
tigrinum). Copeia. 2000:365-377.
o Twitty, V. C. 1941. Data on the life history of Ambystoma tigrinum californiense
Gray. Copeia 1941:1-4.
o Zeiner, D. c., W. F. Laudenslayer, Jr., and K. E. Mayer (editors). 1988.
California's Wildlife. Volume I. Amphibians and Reptiles. California Statewide
Wildlife Habitat Relationships System, California Department of Fish and Game,
Sacramento, California.
· In summary, it is our best professional opinion, based on a thorough review of the 4,1.42
literature and of CNDDB records regarding the biology of the CTS, the high flows in
Tassajara Creek during the winter months, and our experience with and knowledge of the
biology of the CTS that Tassajara Creek does not provide suitable breeding habitat for
this species.
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California Red-legged Frog
SM-BIO-8, page 1-10 (also pages 53-54 and 66-67): The DSEIR emphasizes that CRLP can
leave the drainage and therefore will disperse across the project site. While we agree that CRLP
could leave the Tassajara Creek drainage in a few areas (e.g., at the farm road crossing and more
gently sloped areas) where the topography might allow such egress, we believe that most
movement by CRLF in the area will be via the drninage itself, and that use of the upland areas on
the Dublin West site by CRLP is likely very limited for the reasons below:
· Except for the few areas where CRLP may exit the Tassajara Creek riparian zone onto 4.1.43
the Dublin West site, most of the western bank is a vertical wall of over 20 feet, making it
extremely difficult (if not impossible) for CRLP to access the Dublin West site except at
these less sloped areas. Therefore, CRLF could not readily exit from known areas of frog
residence in the Tassajara Creek zone onto the Dublin West site.
· A recent study of terrestrial habitat use by CRLP in coastal forest and grassland has 4,1.44
suggested that an essential component of the habitat is the presence of concealing cover,
such as shrubs, herbs, woody debris, rootballs, small recesses in vertical banks, and forest
floor litter (Bulger, J D., N. J. Scott, Jr., R. B. Seymour. 2003. Terrestrial activity and
conservation of adult California red-legged frogs Rana aUrora draytonii in coastal forests
and grasslands. Biological C01l$ervation 110:85-95). This concealing cover is necessaty
to protect the CRLF from desiccation and predation during the frequent periods of
inactivity while dispersing overiand. While ground squirrel burrows may provide such
concealing cover in the East Bay region, the Dublin West site lacks this essential
component in the flat areas near Tassajara Creek that would be necessary for the kind of
upland habitat use/dispersal described in the DSEIR. Dispersing frogs (adults and
juveniles) ji-om Tassajara Creek would therefore be subject to desiccation and predation
due to the lack of concealing cover. .
· Additionally, the Bulger et al. (2003) study was conducted in a more mesic coastal area 4.1.45
of Santa Cruz County, where the risk of desiccation by CRLF dispersing into upland.
areas would not be nearly as great as in the dry East Bay. We have hundreds of hours of
personal experience with CRLE both in mesic coastal sites and drier inland areas (such as
Dublin), and we have observed a markedly higher tendency toward upland dispersal in
the mesic coastal areas than on the drier East Bay sites such as Dublin West. In fact, it is
reported in the USFWS "Proposed Designation of Critical Habitat for the California Red-
legged Frog (Rana aurora draytonii)" (Federal Register 69:19620-19642) that "the
majority of California red-legged ftogs observed in eastern Contra. Costa County spent
the entire wet season within streamside ha.bitat (T. Tatarian, in litt. 2000)", further
indicating that CRLP in dry areas such as Dublin are likely to make little use of upland
areas similar to the Dublin West site.
· If the "upland dispersal habitat" depicted in the Draft Supplemental EIR for the Dublin 4.1.46
Ranch West PrQject were being used by CRLP dispersing between Tassajara Creek and
known aquatic habitat west of the site, as the DSEIR states, then individuals should have
been detected in the trap array installed forCTS along the entire western boundary of the
Dublin West site during the 2003/2004 winter season. This argument is strengthened by
the,fact that 586 postmetamorphic frogs (adults, subadults and juveniles) and 1,973
tadpoles were placed in Tassajara Creek during the ~er of 2003 prior to opening the
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traps for the winter rains. Overland dispersal by CRlF occurs most actively during the
early rains of winter (Bulger et aI. 2003), and therefore, if the translocated CRlF were
dispersing over the Dublin Ranch West site, they should have been intercepted by the
trap array when it was operational (beginning with the first rains in October 2003). The
only atnphibians detected by the trap array were CTS, yellow--eyed salamanders
(Ensatina e$chschQftzii), and Pacific treeftogs (Hyfa regilfa), even though one site in
Tassajara Creek where 342 postmetamorphic ftogs and 1,968 tadpoles were translocated
is only 350 feet fi-om the trap array.
· The drainage on the northern edge of the site currently provides a dispersal corridor for 4.1,47
CRLF that might disperse between Tassajara Creek and areas to the west of Dublin
Ranch West (e.g.,Catnp Parks). In fact, CRLF are likely to use this drainage for
dispersal far more than they would use the upland portions of the Dublin Ranch West site
due to a gentler slope out of the Tassajara Creek drainage, the presence of concealing
cover within and near the drainage north of the site, and moisture within this drainage.
· In summary, we expect CRLF in Tassajara Creek to leave the drainage and disperse onto 4.1.48
or across the upland area west of the creek only on rare occasions, and the upland
portions of the site do not represent important habitat for this species. Even if egress
from the Tassajara Creek drainage were not constrained by the topography of the creek,
adult CRLF would be expected to leave the drainage only during brief foraging bouts
during the wet season and stay within the proposed buffer zone along the creek. We do
not believe the Dublin West site to represent a migratory corridor between Tassajara
Creek and known CRLF aquatic sites further west on the Camp Parks property. Juveniles
disperse more widely over upland areas than adults, but on this particular site, juveniles
are expected to disperse primarily along Tassajara Creek due to the topography,
availability of cover, and level of moisture. It is our best professional opinion, based on
the site's topography, the dry nature of the upland areas on the site, the paucity of
concealing cover in the uplaud areas of the site, the high quality of CRLF habitat along
Tassajara Creek itself, ,the presence of a suitable dispersal corridor immediately north of
the site, and the lack of any captures of CRLF dispersing across the uplands by the CTS
trapping array present during the winter of 2003/2004, that this project will not result in a
significant impact to dispersal by CRLF.
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Comment 2.1: State of California, Department of Transportation (CaItrans)
· Comment 2.1.1: Since current traffic volumes should be used whenever
possible, 2002 data for Interstate 580 should be replaced with more current
2003 volume data which is available from the Department.
ResPQnse: The Transportation and Circulation Environmental Setting portion
of the DSEIR (page 93), is hereby amended by reference to read as follows:
"Interstate 580 is an eight-lane east-west freeway that connects Dublin with
local cities such as Livermore and Pleasanton as well as regional origins and
destinations such as Oakland, Haywood and Tracy. In the vicinity of the
proposed Project, 1-580 carried between 186,000 and 198,000 vehicles per day
(vpd) in 2003, based on Caltrans' Traffic Volumes for State Highways. 1-580 has
interchanges at Dougherty Road/Hopyard Road, Hacienda Drive, Tassajara
Road/Santa Rita Road and Fallon Road/El Charro Road."
· Comment 2.1.2: A hydrology /hydrawic study should be prepared for the
Department to determine project-related impacts on 100-year flow rates and
flow conditions at the I-580/Tassajara Road interchange. Project related
drainage impacts should be evaluated and mitigation recommended where
appropriate since the 100-year FEMA maps show the intersection of 1-580 and
Tassajara Creek being subject to flooding. The project should include
measures to reduce post-development flow rates to existing values.
Response: The hydrology /hydraulic analysis prepared for the project by the
applicant's engineer will be forwarded to Caltrans based on their request.
Based on City of Dublin ordinances and development standards as well as the
most recent C.3 stormwater quality standards enforced by the Regional
Water Quality Control Board, development projects will be limited in the
quantity of stormwater leaving respective sites. Therefore, it is unlikely that
development of the Dublin Ranch West site would inçrease flooding on the 1-
580 freeway where the freeway intersects Tassajara Creek.
· Comment 2.1.3: Development fees wowd be used to improve drainage
infrastructure impacted by the project. Drainage improvements should
include supplementing cross culverts under the freeway that have been
overtaxed by urunitigated development.
Response: Future development on the project site will be subject to local and
regional drainage fees imposed by the City of Dublin and Zone 7. Upgrading
of existing overtaxed culverts is beyond the scope of the Dublin Ranch West
project.
· Comment 2.1.4: Work that encroaches into a state right-of-way requires an
encroachment permit issued by COIl trans.
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 10
February 2005
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Response: Necessary encroachment permits will be obtained from Caltrans if
required.
Comment 2.2: State of California, Office of Planning and Research
. Comment 2.2: The State Clearinghouse received the comment letter from
Caltrans after the close of the DSEIR comment period.
Response: Comment acknowledged. See responses to the Caltrans comment
letter as Comment 2.1.
Comment 3.1: Alameda County Flood Control and Water Conservation District
Zone 7 (Zone 7)
· Comment 3.1.1: Development on the project site will be subject to drainage
fees imposed by Zone 7.
Response: Comment acknowledged. Payment of Zone 7 drainage fees will be
a standard condition of development approval by the City of Dublin.
· Comment 3.1.2: On page 121, Utilities and Services, storm drainage, replace
the sentence "Zone 7 is responsible for master planning" with the following:
"Zone 7 owns and maintains major storm drain channels in the Livermore-
Amador Valley. Zone 7 is presently working on a Stream Management Plan
to identify future channel improvements beneficial to the residents of the
Valley." Correct the sentence that reads: "Drainage on the project
area.. . connect with Zone 7 facilities south of I-580," This should read:
"Drainage on the project area.. . connect with Zone 7 facilities north of 1-580."
Zone 7 does not typically maintain culverts, as they are usually owned by
Caltrans.
Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
· Comment 3.1.3: On page 125, Hydrology and Hydraulic Analysis, Zone 7
should be allowed to review the project hydrology and hydraulic analysis.
Response: Comment acknowledged. The City of Dublin Public Works
department will transmit a copy of the hydrology and hydraulic analysis to
Zone 7 for review and comment.
· Comment 3.1.4: Zone 7's Salt Management Plan does not include
demineralizing shallow groundwater and reinjecting it into the groundwater
basin. Instead, it includes blending demineralization of a portion of produced
groundwater with other water supplies for delivery to customers. Also,
delete the word "water" from the term "salt-water." Make other corrections
to wording involving the Salt Management Plan.
Dublin Ranch West Final Suppiemental EIR
City of Dublin
Page "
February 2005
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Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and ModificatioI1$ to the DSEIR."
. Comment 3.1.5: In the Hydrology and Water Quality section of the Initial
Study (page 39) it should be noted that all Mitigation Measures required by
the Eastern Dublin EIR will require input from Zone 7 prior to
implementation.
Response: Comment acknowledged. Development of the Dublin Ranch West
project, if approved by the City of Dublin, will be required to comply with
Eastern Dublin EIR Mitigation Measures.
. Comment 3.1.6: On page 51 of the Initial Study it should be noted that Zone 7
is a water wholesaler and does not serve the project directly. Zone 7 does not
own or maintain any storm drain facilities within the project area. Also,
correct the wording "new storm drainage facilities which would connect to
existing facilities maintained and controlled by Alameda County Flood
Control and Water Conservation District, Zone 7" with "new storm drain
facilities, which would connect to existing facility owned and maintained by
Zone 7."
Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
Comment 3.2: East Bay Regional Park District
. Comment 3.2: The proposed project would not be consistent with the
District's 1997 Master Plan. The Master Plan located the Tassajara Creek
Regional Trail along the ridge in the eastern vicinity of Parks RFTA and then
proceeding northward towards Mt. Diablo State Park. The proposed project
would locate the Regional Trail in a corridor between two areas proposed for
low and medium density residential development. The Draft SEIR is
inadequate because it does not address significant impacts associated with the
lack of consistency with the Master Plan and the impacts from changing the
existing open space to residential development adjacent to the regional trail
corridor.
Response: Based upon discussiOI1$ between the East Bay Regional Park District
staff, City of Dublin staff and the applicant for development of the Dublin
Ranch West project, it was understood that the Park District supported a
change to show the Regional Trail along the Tassajara Creek corridor, which
would be consistent with the 1993 Eastern Dublin Specific Plan.
In any event, the proposed Dublin Ranch West project does not change the
original Park District regional trail location, but allows more flexibility for the
District to provide an alternative location for the proposed regional trail.
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 12
February 2005
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The City of Dublin believes the 1993 Eastem Dublin EIR adequately
addressed the potential impacts of future trails adjacent to Tassajara Creek as
shown in Eastern Dublin Specific Plan. The City has not identified any specific
impacts with the requested land use change that would replace existing open
space uses with Low Density Residential uses further to the west on the
Dublin Ranch West property.
Comment 3.3: Dublin San Ramon Services Dishict
· Comment 3.3.1: The District notes that the proposed project would create a
demand for approximately 320,000 gallons per day of potable water. Because
of planning done by the District in cooperation with the City, this additional
demand is identified in the District's Urban Water Management Plan. In 2004,
the District completed a "Water Supply Analysis and Water Supply
Assessment" for the proposed project in accord with the Agreement to Settle
Water Litigation dated November 1999.
The District notes that it has adequate water supplies to meet the inçreased
demand for the proposed project. A portion of this demand would be met
through extension of recyded water pipelines to the project site, Potable
water pipelines must also be extended to the site. Coordination with the
District must occur with regard to pipeline sizes and locations and to ensure
that there is no interference with regard to existing District facilities.
No mitigation is necessary to obtain water supplies for this project.
Response; Comment acknowledged and no further response is needed.
· Comment 3.3.2: The District requires all new development to use recycled
water. A portion of the proposed Dublin Ranch West project would fall into
this category. A maximum expected average day demand of approximately
104,300 gallons per day would be needed for irrigation. The District's Water
Master Plan indicates use of approximately 132,900 gallons per day of
recycled water. The District's Water Master Plan will be updated to reflect the
latter figure.
Response: Comment acknowledged and no further response is needed.
· Comment 3.3.3: The District has included anticipated increased wastewater
flows from the Project into District and LA VWMA treatment and disposal
facilities. Providing wastewater collection, treatment and export services is
dependent on project compliance with District Codes and implementing the
District Master Plan, policies and ordinances.
The District has included the Project area in its Master Plan, so the Project
may receive sewer service from the District and sanitary sewer lines must be
extended to the Project site. Facilities must be constructed by the project
applicant and dedicated to the District. Coordination with the District must
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 13
February 2005
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occur with regard to pipeline sizes and locations and to ensure that there is no
interference with regard to existing District facilities.
Response: Comment acknowledged and no further response is needed.
Comment 3,4; Alameda County Public Works Agency
· Comment 3.4.1: Exhibit 16 shows a future Tassajara Road realigrunent.
Transitions will be needed within the current project limits.
Response: Comment acknowledged. The issue of roadway design and
transitions will be dealt with at the subdivision and improvement plan stage
of the Project, which will come after consideration of the currently requested
land use entitlements and the DSEIR by the City of Dublin.
· Comment 3.4.2; An evaluation should be made on construction impacts to
adjacent County roads.
Response: It is anticipated that construction vehicles and material trucks would
access the Project site via Tassajara Road which is in the City of Dublin.
Minimal, if any, construction impacts are anticipated to other County roads.
· Comment 3.4.3: The DSEIR should evaluate impacts to existing County roads
due to inçreased traffic. Potential traffic calming requirements may be needed
for County roads.
Response; The Transportation and Circulation section of the DSEIR (Impact
TRA-2) notes that Project impacts to local roadways will be no greater than
were analyzed in the 1993 Eastern Dublin EIR.
· Comment 3.4.4: Roadway improvements should be made in the area
between the jurisdictional boundary line and the most southerly limits of the
project. This area has been subject to previous incidents due to limited
shoulder area, motorist speed and reaction time for motorists. Since this
section of the roadway has a curvilinear alignment, it is critical that road
design standards and improvements be considered beyond the frontage of
the road.
Response: Comment noted and this comment does not relate to an
envirorunental impact caused by the proposed Project. The commenter's
request has been transmitted to the Dublin Public Works Department for
consideration.
· Comment 3.4.5: Regarding the future aligrunent of Tassajara Road and Fallon
Road, it is important for right-of-way dedication to the ultimate alignment of
this roadway.
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 14
February 2005
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Response: Comment acknowledged. The issue of roadway design and right-
of-way will be dealt with at the subdivision and improvement plan stage of
the Project, which will come after consideration of the currently requested
land use entitlements and the DSEIR.
· Comment 3.4.6: It is suggested that a roadway conceptual plan be considered
of the surrounding area. Although not all lands westerly of Tassajara Road
are part of the proposed project, the ultimate development of this area will
undoubtedly impact surrounding parcels and roadway improvements along
Tassajara Road.
Response: The conceptual roadway alignment in the Eastern Dublin area is set
forth in the Eastern Dublin Specific Plan adopted by the City of Dublin in
1993.
· Comment 3.4.7: Installation of a traffic signal, deceleration and acceleration
lanes, potential for on-street bikes, shoulder improvements, street lighting
and additional traffic control; signing and striping should be considered.
These improvements are further summarized in the consultant's report
attached to the DSEIR.
Response: Roadway improvements as noted by the commenter will be
considered at the time subdivisions and improvements are considered by the
Gty of Dublin.
Comment 4.1: Martin Inderbitzen
· Comment 4.1.1: Exhibit 12 (Master Infrastructure Plan) does not illustrate
elevation Zone 2 water lines in Tassajara Road north of the primary Project
entry and in Fallon Road; DSRSD plans to have these lines placed in these
street segments.
Response: Comments acknowledged. Detailed infrastructure information will
be supplied to Zone 7 prior to actual construction of the proposed project.
· Comment 4.1.2: Page 14; replace "9.7" with "3.7."
Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
· Comment 4.1.3: Page 18, under Utility Services, replace "westerly" with
"easterly."
Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
· Comment 4.1.4: Page 91, first line of page, replace "550" with" 428."
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 15
February 2005
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Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
. Comment 4.1.5: Page 141, first line of 5.4, Alternative 3, replace "8.7" with
1J7.8.1I
Response: Comment acknowledged. Requested revisions are reflected in the
section of the FSEIR entitled "Corrections and Modifications to the DSEIR."
. Comment 4.1.6: On October 5, 2004, the Dublin City Council held a workshop
to discuss the Project, including potential locations and sizes of neighborhood
parks. The Council selected an option, which would provide 7.66 acres of
neighborhood parkland and 1.04 acres of Neighborhood Park that would be
located on an adjacent parcel. This option also included 1.2 acres of land that
could be devoted to either publicI semi public or neighborhood park use. The
City Council accepted the fact that some neighborhood park açreage could be
moved off site if needed. Therefore, the Mitigation Measure P ARK-l is
recommended to be changed as follows:
PARK-I: Prior to tentative map or Stage 2 Development Plan approval,
whichever occurs first, the Project developer shall:
a) Revise the land use program for the Dublin Ranch West site to
provide an additional 1.04 net acres of Neighborhood parkland
use designation in lieu of a publicI semi-public use; or
b) Pay in lieu fees for required Neighborhood Park acres.
Response: Based on the commenter's request, the City of Dublin proposes to
modify Supplemental Mitigation Measure P ARK-I as follows. The mitigation
measure is also recommended to be changl:'d based on an inaccuracy
discovered in the DSEIR in that the anticipated deficiency in the amount of
neighborhood parkland on the Project site would be 1.9 acres and not 1.04
acres as identified in the DSEIR.
"PARK-I: As outlined below. the Project developer shall:
a)
Revise the ¡and use program for the Dublin Ranch West site to
provide an additional 1.9 net acres of Neighborhood Park land
use designation in lieu of a public I semi-public use: or
As part of the Project Pre-Annexation Agreement. pay fees to
the Cit;y of Dublin to compensate for the lo~~ of 1.9 acres of
Neighborhood Park land on the Proiect site. Fees shall be eqy.al
to the neighborhood park in~lieu fel:' amount charged to
develo ers who do not v . r s et
b the Dublin Communi Facili F the
time of ~ubdivision map recording. Fees shall be due at the time
of final subdivision map recordation."
b)
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page , 6
February 2005
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· Comment 4.1.7: Page 135, first paragraph after Supplemental Impact PARK-I,
and revise "7.66 acres "with" 6.8 acres."
Response: This comment is noted and the DSEIR is corrected by reference to
read" 6.8 açres." This revision is refleded in the section of the FSEIR entitled
"Corrections and Modifications to the DSEIR."
. Comment 4.1.8: The commenter does not believe the Biological Resource
section of the DSEIR adequately considers the beneficial impact of the
Tassajara Creek Management Zone for its unique beneficial effects on wildlife
potentially impacted by the proposed Project. If the DSElR were to consider
this area as part of the environmental baseline, the document would then
conclude that Project impacts to California Red-Legged Frog would be
reduced to a level of insignificance. The Management Zone must be
considered in conjunction with the Biological Opinion issued by the U.s. Fish
and Wildlife Service dated 7/1/02 as well as the Project Area Mitigation and
Monitoring Plan prepared by H.T. Harvey and other related documents.
Response: It is recognized that the Tassajara Creek Management Zone
protects and benefits CRLF breeding habitat and adjacent uplands; however,
it does not protect upland dispersal habitat connecting Camp Parks CRLF
populations with Tassajara Creek. Dispersal habitat is recognized by the u.s.
Fish and Wildlife Service (Service) as one of the primary constituent elements
of critical habitat for the CRLF. Critical habitat has been designated for the
project site.
The commenter implies that the Service has already considered impacts to
CRLF dispersal habitat on the Dublin Ranch West project in the Service's
Biological Opinion (2002) prepared for the Dublin Ranch project. However,
the Biological Opinion does not reach any conclusions on the Dublin Ranch
West project and only mentions under cumulative impacts that this project,
along with 40 other potential development projects in Contra Costa and
Alameda Counties, threatens habitat for the CRLF and CTS. The Biological
Opinion does not include any incidental take authorization for loss of
individuals on the Dublin Ranch West project nor does it consider any
mitigation for loss of CRLF dispersal habitat.
The Tassajara Creek Open Space Management Plan does not provide
protection of a dispersal corridor through the Dublin Ranch West site
between CRLF populations at Camp Parks and Tassajara Creek.
· Comment 4.1.9: The wording ofBIO-l (b) should be modified to describe a
salvage plan for California Tiger Salamander (CTS) rather than exclusively a
trapping plan. BIO~2 should also be modified to delete the description of the
existing passive exclusion barrier for permanent use.
Response: In response to the commenter's request and based on further
review of potential CTS impacts, SM-BIO-l is revised as follows. Deletions are
struck through and additions underlined.
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 17
February 2005
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" A CIS management plan shall be developed by the Project proponents, and
approved by the Gty of Dublin in consultation with CDFG and the USFWS,
prior to construction activities. This measure shall also apply to construction
of recreational trails in preserved areas. The Plan will detail how CIS will be
managed before and during construction activities and will include the
following:
a)
Installation of a temporary herpetological fence prior to any ground
disturbance around the entire development footprint, which shall
prevent CIS from entering the construction site and shall remain until
the permanent fence or barrier is installed. The existing- OF tRe C1.>fFent
one~way barrier, if approved by the USFWS, is a functioning
temporary barrier; however. it is not located around the entire
development footprint. is eHtemleE! aRE! af'f'FÐyeE! fOF lowe by the
USHV5 (5}.:1]>.:[ BID 2). A maintenance schedule shall be included for
this fencing.
A salvage karriR& and. Felseatiofl plan that details how aestivating
CIS individuals will be adequately relocated from the development
footprint and into permanently preserved suitable aestivation habitat.
Although the existing one~way exclusion barrier will allow mi&rating
breeding- adults to exit the project area. non-breeding adults and
iuveniles may not mig-rate to potential breeding sites for one or more
years. Salvage of these individuals should be accelerated by
installation of trap arrays near burrow concentrations."
b)
Supplemental Mitigation Measure SM-BIO-2 is also revised as follows:
"A permanent herpetological fence or barrier shall be installed around the
entire development footprint following construction activities to prevent
movement of CIS into the development area. Such fencing shall be designed
to allow for movement of larger terrestrial wildlife species, but shall preclude
CTS from climbing the fence. "Willi USFW5 approval, tt.e one way baffier
curt'e:f'l.~Y in pleee may Be eHtsRàeà te meet tRiG mitigation rcqwrcmeflt."
. Comment 4.1.10: The DSEIR states that CTS may breed in Tassajara Creek
and that further surveys should be conducted in the creek. Based on previous
surveys conducted by H.I. Harvey, no evidence of CTS breeding was found
in Tassajara Creek and further surveys are not necessary.
Response: Nocturnal CIS surveys conducted in 1993, 1995, and 2000 did not
find salamanders; however, a significant number were trapped in 2003/2004
in upland habitat in which those surveys were conducted. Since other
amphibians successfully breed in Tassajara Creek, it is possible that conditions
exist that provide suitable breeding habitat at least in years when there are
few significant stann events. Evidence presented suggests that CTS breeding
in Tassajara Creek would be an extremely rare event and additional larval
Page 18
February 2005
Dublin Ranch West Final Supplemental EIR
City of Dublin
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surveys are no longer recommended.
. Comment 4.1.11: Impact SM BIO-4 states that approximately 110 acres of the
Project site is aestivation habitat. H.T. Harvey staff believe the appropriate
acreage is 97.2 acres. This is based on the development acreage of the site
(Exhibit 11). Also, more flexibility in locating CTS mitigation sites are
requested in the event suitable replacement habitat is not available in the
Dublin/Livermore area. It is recommended that the sentence "The mitigation
aestivation habitat shall be located in the Dublin and Livermore Valley area
and shall exhibit similar characteristics to the habitat lost" should be revised
to read that the mitigation site "shall be located as close to the
Dublin/Livermore Valley area as is practicable, and as approved by the
USFWS and CDFG."
Response: Based on further analysis, Supplemental Mitigation Measure SM-
BIO--4 is revised to read as follows:
"To compensate for the permanent loss of approximately 97.2 HG acres of
CTS aestivation habitat, and ensure the opportunity exists for recovery of this
s . s ." mador and Liv V 11 area of Alamed
e Project proponent will acquire and preserve in perpetuity suitable CTS
aestivation habitat at a 1:1 ratio adjacent to preserved, occupied CTS breeding
and aestivation habitat and construct a breeding pond, or as required by the
USFWS and CDFG. The mitigation aestivation habitat shall be located in the
Amador and Livermore Valley area as close as is practicable. and as ap&roved
by the USFWS or CDFG. and shall exhibit similar characteristics to the abitat
lost.
In selecting off-site mitigation lands, preference shall be given to preserving
one large block of habitat rather than many small parcels, linking preserved
areas to existing open space and other high quality habitat, and excluding or
limiting public use within preserved areas. Land selected for mitigation shall
be permanently preserved through use of a conservation easement or similar
method, approved by the Gty of Dublin in consultation with the USFWS and
CDFG, and obtained prior to the issuance of any construction permits,"
. Comment 4.1.12: Impact SM BIO-7 should be modified to include "during
ground disturbing activities." This is based on an assumption that buildout of
this project would take several years. Also, the type of on-site contractor
would change so that carpenters and similar trades would likely not
encounter special-status species as would grading contractors.
Response: Based on the information provided by the commenter and further
research, Supplemental Mitigation Measure SM-Bl0-7 is revised to read as
follows:
"During initial ground disturbing activities. All project construction
employees shall receive an educational training program that includes
information on sensitive species identification and their potential habitat,
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 19
February 2005
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approved mitigation measures for the project, and actions employees should
take if a sensitive species is encountered. This measure shall also apply to
construction of recreational trails in preserved areas."
· Comment 4.1.13: Regarding Impact SM BIO-8, movement by California Red-
Legged Frogs (CRLF) would be in the drainage area of the creek and not in
adjacent upland areas. The description of the upland dispersal for CRLF relies
too heavily on definitions provided by critical habitat rulings rather than site-
specific information regarding topography. In the commenter's opinion, the
loss of potential upland habitat dispersal is not a significant impact under
CEQA.
Response: The City agrees that CRLF living in Tassajara Creek would likely
spend most of their time in the drainage and not use the upland portions of
the Dublin Ranch West area. However, the potential for CRLF to use upland
portions of the site exists and CEQA requires that any project that affects or
potentially affects a listed or protected species results in a mandatory finding
of significant effect. The commenter acknowledges that it is possible that a
few individuals may access and disperse açross portions of the Dublin West
site, yet states that the site is not "dispersal habitat." According to the USFWS,
the healthiest CRLF populations persist as a collection of subpopulations that
exchange genetic information through individual dispersal events. CRLF can
move to and from populations to the west. The proposed project would
further fragment potential dispersal habitat.
· Comment 4.1.14: The Biological Opinion (BO) for the Dublin Ranch project,
issued by the USFWS on 7/01/02, identified the T assajara Creek Open Space
area as a mitigation site for the Dublin Ranch project and described the
activities expected to occur within and adjacent to the Open Space area. The
BO acknowledges future potential development on the Dublin Ranch West
site as well as two çreek çrossings. It seems clear the USFWS thought that
implementation of the Tassajara Creek Open Space Management Plan would
serve to mitigate impacts to the Dublin Ranch project as well as provide
adequate protection for CRLF using this reach of Tassajara Creek. Based on
this, the commenter does not believe mitigation for loss of upland dispersal is
necessary.
Response: The Biological Opinion for Dublin Ranch does not specifically
address habitat impacts and mitigation associated with the loss of upland
dispersal habitat at the Dublin Ranch West site.
· Comment 4.1.15: If the City insists that impacts to CRLF dispersal habitat are
significant and require mitigation, on-site improvements to promote
dispersal of CRLF to points west of the Project site would benefit CRLF more
than the off-site mitigations proposed in SM-BIO-8. The applicant could
enhance the drainage along the northern boundary of the Project site to
provide better connectivity between aquatic habitats to the west and
Tassajara Creek. The drainage within the Project site would be maintained as
open space and managed to support CRLF dispersal. The drainage çauld be
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 20
February 2005
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enhanced by providing micro-topographic depressions or temporary ponds
and/ or improving habitat for foraging and refuge, planting native vegetation
(such as willows), and adding downed woody debris and natural rocks.
Resp0l1$e: The Gty's consulting biologist notes that habitat enhancement of
proposed open space alone would not mitigate for the loss of dispersal
habitat.
. Comment 4.1.16: Regarding Supplemental Mitigation Measure BIO-9, please
clarify the wording "other sensitive wildlife species" on pages 1-11 and 1-12
and also on page 67. Depending on whether or not such species are listed,
they mayor may not be addressed in the BO. These other species should
specifically be identified.
Response: Based on further research on this topic, Supplemental Mitigation
Measure SM-BIO-9 is revised to read as follows:
Prior to construction of the proposed bridges, a map shall be prepared
to delineate CRLF breeding habitat, construction and laydown areas,
and areas of proposed temporary fill within Tassajara Creek. Pre-
construction surveys within these areas shall be conducted by a
qualified biologist (as approved by the City) with appropriate
authorization to handle CRLF. If CRLF or CTS are found within the
construction areas (or ether s€fIsitive wildlife Bl"eeiss), they shall be
immediately moved to undisturbed, preserved portions of Tassajara
Creek if authorized in a Biological Opinion or other permit issued by
the USFWS for the Project. Construction, laydown, and temporary fill
areas shall be fenced appropriately to prohibit CRLF and CTS
movement into these areas, as supervised and verified by a qualified
biologist. Construction activities and access shall be confined to these
fenced areas during construction activities. A qualified biologist will
monitor the fence and construction activities daily when construction
activities are conducted within Tassajara Creek. A qualified biologist
with appropriate authorization l"sFHIits to relocate;my CRLF or CTS in
conjunction with a biological opinion shall be available to the on-site
biological monitor if CRLF or CIS (or other seFloiEi':s ,'¡ilàlife species)
are found within the fenced areas during daily construction
monitoring; CRLF shall be relocated to undisturbed, preserved
portions of Tassajara Creek, and CIS shaH be relocated to the nearest
protected upland habitat containing burrow habitat."
. Comment 4.1.17: The commenter recommends that the statement "a
biologist with appropriate permits to relocate CRLF..." should be revised to
read" a qualified biologist with appropriate authorization to relocate CRLF in
conjunction with a biological opinion." The USFWS does not issue general
permits to allow biologists to relocate CRLF; rather, this authorization would
be granted on a project-specific basis in conjunction with a BO.
"a)
Response: This comment is addressed in the Response to Comment 4.1.16.
Page 21
February 2005
Dublin Ranch West Final Supplemental EIR
City of Dublin
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· Comment 4.1.18: Re: SM-BIO-ll (pages 1-14 and 68), the commenter believes
impacts to nests of common birds are not significant under CEQA. Instead,
these are regulatory compliance issues. Although pre-çanstruction surveys
for compliance with such regulations are advisable, they should be dealt with
separately from CEQA.
Response: The City believes the impacts identified in Supplemental Impact SM-
11 are significant under CEQA. However, based on the above comment and
further research, Supplemental Mitigation Measure SM-BIO-ll is revised to
read as follows:
"Prior to any tree removal or ground disturbance, a qualified biologist
(approved by the City) shall conduct special status breeding bird surveys
throughout the development hortion of the PrQject area and within 250 feet
in adjacent habitat~. Buffers s all be a minimum of 250 feet for raptors
(although 6enoitive raptors such as golden eagles. which are unlikely to nest
on the Dublin Ranch West site, may require a much larger buffer), and
between 50 and 100 feet for special status passerines depending on habitat
type (50 feet in dense vegetation, 100 feet in open areas). Pre construction
sliF\'eys skall take place tlli-oughout the de-:c1opment portisR sf !;he PrsjsEt
area, including sUi'veyô for grasslar.à l1Ì£àø ani 'siràs lihely to nei7l; along the
Tassajara Creek corridor. Nesting status shall be monitored by a qualified
biologist to determine when nests are no longer active. All activities shall be
prohibited within the buffer until after young have fledged andlQr moved
out of the nest. This measure shall also apply to construction of recreational
trails in preserved areas."
· Comment 4.1.19: Re: SM-BIO-ll (pages 1-14 and 68), if the City insists on
retaining SM-BIO-ll, the commenter recommends that the statement about a
breeding bird survey shall be conducted throughout the "Dublin Ranch West
area" be revised to read "throughout the development portion of the Project
area." Except for Golden Eagles, no nest surveys should be required in
portions of the site more than 250 feet from proposed development.
Response: Refer to Response to Comment 4.1.18.
· Comment 4.1.20: Re: SM-BIO-ll (pages 1-14 and 68), the commenter
recommends that the sentence" All activities shall be prohibited within the
buffer until after the young have fledged and moved out of the nest." The
word "and" should be replaced with "and/ or." The Killdeer could possibly
nest on the site during construction. Due to characteristics of this species,
there is no need for a buffer around a Killdeer nest to remain in place after
the young have hatched and left the nest.
Response: Refer to Response to Comment 4.1.18.
· Comment 4.1.21: On pages 1-19 and 70, the "Topic/Supplemental Impact"
should read "Biological Resources. Loss of Congdon's Tarplant," since this is
Dublin Ranch West Final Supplemental EiR
City of Dublin
Page 22
February 2005
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the oruy species to be considered of special status now to be present on the
site.
Response: Based on the comment and further research, the heading of
Supplemental Impad BIo.6 is revised as follows:
"Supplemental Impact BIO-6: Loss of special status plantEJ Congdon's
Tm:plant"
. Comment 4.1.22: On pages 1-19 and 70, SM-BIO-15, the commenter believes
loss of approximately 630 individual Congdon's tarplant does not constitute a
significant impact under CEQA, given the fairly widespread occurrence and
abundance of this species. The Tarplant is known to occur in sizeable
numbers in the Livermore-Dublin area and the loss of approximately 630
plants would not be significant to the overall population. It is recommended
that Mitigation Measure SM-BIO-15 be deleted.
Response: The City notes that CEQA documents typically consider mortality
and loss of habitat to special status plants and wildlife as a significant impact.
. Comment 4.1.23: If the City insists that mitigation be provided to loss of
Congdon's tarplant, mitigation should be performed for the number of
individuai plant impacts, not the acreage occupied by the species. A majority
of individual plants are scattered at low densities over approximately 4 miles
south of the existing residence; the remainder occur in small areas west of
T assaj ara Creek.
Response: The City's consulting biologist agrees that mitigating the impact
based on the number of Congdon's Tarplant individuals impacted would be
more appropriate than on the açreage of occupied habitat. See the response
to Comment 4.1.24 for recommended changes to Supplemental Mitigation
Measure SM-BIO-15.
· Comment 4.1.24: In 2003, H.T. Harvey prepared a draft Mitigation and
Monitoring Plan describing the establismnent and management of
Congdon's tarplant on approximately 0.8 açres surrounding a tarplant
subpopulation within the Tassajata Creek Management Zone. The
commenter recommends that the mitigation be revised to read: "The Dublin
Ranch West Congdon's Tarplant Mitigation Monitoring and Reporting Plan
(HTH, 2004) shall be implemented to compensate for removal of Congdon's
T arplant individuals. "
Response: Based on additional research on this topic, Supplemental Mitigation
Measure SM-BIO-15 is revised to read as follows:
"The majorit;y of Congdon's tarplants are scattered at low densities over
approximately four açres south of the existing residence on the site: the
remaining individuals to be impacted occur in ~man areas west of Tassajara
Creek. Studie~ conducted by RT. Harvey & Associates have revealed five
Dubiin Ranch West Final Supplemental EIR
City of Dublin
Page 23
February 2005
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subpopulations within the Tassajara Creek Manawement Zone (TCMZ) that
average 'Wproximately 500 individuals on 0.5 acre each. Based on this
information, the +fle project shall establish and manage approximately 0.63
acres of create sRe aere sf Rew ses\iJ'ieEl habitat for Congdon's tarplantieF-
co/ery one acrc of e,¡¡sting CongdeFl's ta1"!3lant aabitat lsst within suitable, on
sitc preserved habitat (such as the TCMZ. Following CDFG and City
approval. the Dublin Ranch West Congdon's TMplant Mitigation and
Monitoring Plan (ET. Harvey & Associates 2004) shaH be implemented to
compensate for the loss of Congdon's tMplant individuals. project applicant
shall d¡:,-,clop ar.d implemeFlt a detaileEl Miligali.sR ar.è HSrHtsFing Plan ts
fully compCflsate for impacts to Congdon's tarplant. The plan shall iRelude
the mitigation desigt'l, metReEls sf saJ-Yage sf <¡¡isting sccd, maintenance
methods (including wced management), monitoring proceElu.res anEl
pel'fet"fLanCe eriteri3.. :re~8rë:fLg reEtaireæer'lÌs, anà a 8sntingency measure to
pœ5cJ'"\<c c,¡¡sting off site occupied Congdon's t:H"f'lant habitat at afl e~aI.
¡¡rnOURt ta lost habitat in case of mitigation failure. The project proponent
shall provide a secure funding source (such as a performance bond) for the
implementation of the mitigation plan and long-term maintenance and
monitoring of the mitigation area. The çreated mitigation area must be
preserved in perpetuity (such as through a permanent conservation
easement). The Mitigation and Monitoring Plan must be approved by the
City prior to the issuance of grading permits for the project. Mitigation shall
require a minimum of five years of monitoring and a!1J'\ual monitoring
reports shall be provided to the City."
. Comment 4.1.25: HT. Harvey & Associates has mapped the riparian
vegetation along Tassajara Creek and so has determined that impacts of
bridges across Tassajara Creek more precisely at 0.31 açres. This was
determined by overlying bridge plans over the riparian habitat map.
Response: Based on this additional information, the acreage in Supplemental
Impact BIO-7 is revised from "1.0 açres" to "0.31 acres."
· Comment 4.1.26: Re SM-BIO-16 (pages 1-12 and 71), H.T. Harvey &
Associates has developed a riparian habitat mitigation and monitoring plan
for the Project site. The commenter recommends that SM-BIO-16 be revised
to read "The Dublin Ranch West Riparian Mitigation and Monitoring Plan
(HTH, 2004) shall be implemented to compensate for the removal of riparian
vegetation, subject to the approval of the CDFG and City."
Response: On January 11, 2005, the ftp site provided by the commenter did
not include a folder named Dublin West. If the HTH Riparian Mitigation and
Monitoring Plan contains the requirements described in SM-BIO-16, and is
approved by CDFG and the City, then it would meet the mitigation and
monitoring plan requirement of the mitigation measure.
. Comment 4.1.27: The sentence on page 47, "The portions of the Project area
has been used for cattle grazing:' should be revised for clarity and grammar
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 24
February 2005
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Response: This sentence is hE'rE'by amE'IldE'd to read: "Portions of the site have
been USE'd for cattlE' grazing."
· Comment 4.1.28: The sentence of page 48 "the majority of the Project area is
dominated by non-nativE' grassland that has been historically, and has bE'en
USE'd for livestock grazing" should be revised for clarity and grammar.
Response: This sentence is hereby amended to read: "The majority of the
Project area is dominated by non-native grassland that has been historically
used for livestock grazing."
· Comment 4.1.29: On pages 49-50, it is the commenter's opinion that the
reach of Tassajara Creek on the Project site does not provide suitable
breeding habitat for California Tiger Salamander (CTS), since this area is a
very deep, strong stream with high flow volume and velocity during winter
months when CTS are active. Surveys by HTH in 1993, 1995 and 2000 did not
detect CTS in the oruy habitat within the Tassajara Creek drainage on-site
that approached breeding habitat.
Response: See responses to commE'Ilts 4.10, and 4.36-.41 which deal with
California Tiger Salamander species on and adjacent to the Project site.
· Comment 4.1.30: On page 51, the summary of Congdon's tarplant should
include more information regarding the abundance of the species in the
Dublin-Livermore area.
Response: See responses to comments 4.22-.24 dealing with Congdon's
Tarplant.
· Comment 4.1.31: On page 53, the document notes that HTH relocated a
number of CRLF from elsewhere on the Dublin Ranch West portion of the
Project into Tassajara Creek..." This sentence should be revised to read "HTH
relocated a number of CRLF from Dublin Ranch into Tassajara Creek." No
relocation of CRLF from the Dublin Ranch West project site itself has been
undertaken by HTH.
Response: The text on page 53 is hereby revised as follows: "In addition, HTH
relocated a number of CRLF from elGewhcrc on tt.e Dublin Ranch WeGt site
into Tassajara Creek, in anticipation of management as part of the Tassajara
Creek Management Zone."
· Comment 4.1.32: On page 56, the document states that CTS critical habitat has
been designated. Critical habitat for this species has been proposed, but the
designation has not yet been approved.
Response: Based on the comment, the paragraph on Page 56 identified by the
commenter is revised to read as follows:
"Since approval of the 1993 Eastern Dublin ErR, the California tiger
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 25
February 2005
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salamander has been listed as threatened and critical habitat has been
àCGignated proposed. ... All of the Project area to the west of Tassajara Creek
is within proposed critical habitat Unit 18 of the Central Valley Region."
· Comment 4.1.33: On page 56, the document states that no larval surveys for
CTS have been conducted in Tassajara Creek within the Dublin Ranch West
area and that larval surveys conducted in this drainage by HTH were
downstream of this site. The commenter notes that such surveys were
conducted on the Project site in 1993, 1995 and 2000. Since the creek is deep
with strong flows, CTS larval surveys were focused on habitat within the
Creek drainage that approached potential breeding habitat, which is an
isolated ox-bow.
Response: See responses to comments 4.1.10, and 4.1.36-.41 related to CIS.
· Comment 4.1.34: On page 60, state CEQA Guidelines were amended to add
the term "substantial" before the phrase "reduce the number or restrict the
range of an endangered, rare or threatened species for a mandatory finding
of significance.
Response: Based on the comment, the impact bullet on Page 60 is revised to
read as follows:
"Substantially~educe the number or restrict the range of an endangered,
rare or threatened species;"
· Comment 4.1.35: On page 66, the document notes that CRLF populations in
Tassajara Creek are further isolated from potential breeding locations
northwest and southwest of the Dublin Ranch area. Because the primary
dispersal areas for CRLF and the drainage area to the west have been
enhanced by the TCMZ or could be enhanced, CRLF will not be isolated from
areas to the west due to loss of upland dispersal habitat that is likely
infrequently used by CRLF.
Response: It is the Gty's consulting biologist's opinion that enhancement of
occupied or potentially occupied habitat in the TCMZ and/ or drainage on the
northern edge of the site would not mitigate for the loss and fragmentation
of CRLF dispersal habitat.
· Comment 4.1.36: Studies completed by HTH determined that Tassajara
Creek itself is not potential breeding habitat for CIS. Therefore CIS larval
studies were focused only on habitat in the Creek that approached breeding
habitat, which is an existing ox-bow. No evidence of CTS breeding was found
in the ox-bow or elsewhere in Tassajara Creek.
Response: Current USFWS survey protocol typically includes both aquatic
sampling and pitfall trapping. Pitfall trapping was not conducted adjacent to
Tassajara Creek, so it has not been determined whether or not CIS were
moving toward the stream. CTS were trapped at the southern end of the
Dublin Ranch West Final Supplemental EIR
City of Dublin
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February 2005
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traplines within approximately 300 feet of Tassajara Creek. It is possible that
CTS reproduced in small numbers in Tassajara Creek during previous
surveys and remained undetected.
According to the Dublin Ranch West Biotic Resources report (HTH 2(02),
adult CTS went undetected during surveys conducted in 1993, 1996, 1998, and
2001. However, based on all evidence in existing literature, there is a very
low probability that CTS reproduce in Tassajara Creek, and we are dropping
our recommendation that CTS larval aquatic surveys of Tassajara Creek be
COIlducted.
. Comment 4.1.37: Based on flow studies completed by MacKay & Somps in
Tassajara Creek, CTS do not breed in the Creek.
Response: Observations of the Moller drainage in December 2002 made by the
City's consulting biologist during a storm event indicated that this drainage
experiences high flows. The presence of CTS within ten meters of both banks
of the Moller drainage less than one mile upstream from its confluence with
Tassajara Creek suggests that CTS may breed following high flows. In some
dry years or after the high-flow season, suitable conditions may exist for
successful CTS breeding in the stream, however there is a very low
probability that CTS reproduce in Tassajara Creek, and the recommendation
that CTS larval aquatic surveys of Tassajara Creek be conducted has been
deleted.
. Comment 4.1.38: Based on information COIltained in the DSEIR, HTH
Associates searched the California Natural Diversity Data Base for the
possibility of CIS breeding in Tassajara Creek. No record was found that
breeding occurred in a stream or natural drainage.
Response: The City's consulting biologists observed adult CTS along both
banks of the Moller tributary to Tassajara Creek in December 2002. The
nearest aquatic habitat was stock ponds approximately one mile north and
south of the stream. Based on this observation, it can be assumed that CTS
likely breed in the Moller drainage following high flows.
H.T. Harvey's assertion that CTS do not breed in stream or natural drainage
habitats, based on their review of CNDDB records for Alameda and COIltra
Costa Counties, is partially lacking in scientific proof and objectivity. CNDDB
records represent a volunteer reporting of survey results that have been
conducted by numerous biologists over the course of many years, often
employing diverse survey techniques that mayor may not include surveys
for larvae and mayor may not have included surveys in "unsuitable"
drainage habitat. Records in the CNDDB provide inconsistent data on
location and habitat of the observed species and many lack a habitat
description altogether. Information mayor may not be available in these
records explaining what type of survey was conducted (nocturnal flashlight
survey, larval pitfall survey, funnel trap survey, incidental).
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 27
February 2005
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Of the 258 records H.T. Harvey reviewed for Contra Costa and Alameda
Counties, 140 records documented evidençe of breeding but only 29 of these
records specifically mentioned CTS breeding in natural ponds while 109
records recorded breeding in artificial ponds. None of the 140 records
indicated breeding occurred within streams or natural drainages, therefore
H.T Harvey concluded that breeding in this habitat does not occur. Based on
this type of reasorùng, one could also conclude from this CNDDB data that
CTS prefer breeding in artificially constructed ponds rather than natural
occurring pond habitat.
Eighteen of the 258 CNDDB records from Alameda and Contra Costa
indicate observations of adult CTS in habitats in and adjacent to natural
drainage courses. There is no disputing that CTS are overwhelmingly
associated with seasonal pond habitats for breeding purposes. However,
there is simply not enough information about this species for consultants to
decide if adult CTS observed adjacent to drainage habitat will or will not
breed within such an environment. Despite the issue with using CNDDB
records as scientific evidence in this case, the consultant biologist believes that
the existing survey results for this species in the project vicirùty suggests
there is a very low probability that CTS reproduce in Tassajara Creek, and
the recommendation that CTS larval aquatic surveys of Tassajara Creek be
conducted is being deleted.
. Comment 4.1.39: Streams are not included as a primary constituent element
for CTS breeding based on the USFWS's" Designation of Critical Habitat for
the California Tiger Salamander."
Response: Streams could be considered "other ephemeral or permanent water
bodies that typically become inundated during winter rains and hold water
for a sufficient length of time neçessary for the species to complete the
aquatic portion of its life cycle." However, recent evidence presented
suggests that there is a very low probability that CTS reproduce in Tassajara
Creek, and the DSEIR recommendation that CTS larval aquatic surveys of
Tassajara Creek be conducted is being deleted.
· Comment 4.1.40: Exotic species known to have a significant negative effect on
CTS by preying on eggs and larval salamanders include mosquitofish, bluegill
and crayfish. All are found in high numbers in Tassajara Creek adjacent to the
Project site.
Response: According to the Dublin Ranch Tassajara Creek Conservation
Habitat Management Plan (HTH 2003), there is a general lack of centrarchid
fishes, çrayfish, and bullfrogs within the Tassajara Creek Management Zone.
. Comment 4.1.41: Mainstream literature regarding CTS described breeding
habitat as vemal pools, seasonal and perennial ponds and possibly quiet
pools of streams, but no studies have indicated that streams with high winter
flows such as Tassajara Creek provide suitable breeding habitat for CTS. The
comment provided a number of references.
Dublin Ranch West Final Supplemental EIR
City of Dublin
Page 28
February 2005
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Response: This comment is noted.
· Comment 4.1.42: The commenter believed that the high flows in Tassajara
Creek during the winter months and previous experience of the commenter,
that Tassajara Creek does not provide suitable breeding habitat for CTS.
Response: Based on the evidence presented, the City's biologist has concluded
that there is a very low probability that CTS reproduce in Tassajara Creek,
and the recommendation that CTS larval aquatic surveys of Tassajara Creek
be conducted is being deleted.
· Comment 4.1.43: The commenter notes that there are a few areas where
CRLF may exit the Project site from the Tassajara Creek riparian zone;
however, most of the western bank is a vertical wall of over 20 feet, making
it very difficult if not impossible for CRLF to access the Project site. Therefore,
CRLF could not readily exit from known areas of frog residence in the Creek
onto the Project site.
Response: See responses to Comments 4.1.47 and 4.48 dealing with CRLF
species.
· Comment 4.1.44: A recent study of habitat use by CRLF in çaastal forest and
grassland suggests that an essential component is the presence of concealing
cover. This cover is necessary to protect frogs from desiccation and predation
during periods of inactivity. Although ground squirrel burrows may provide
some cover, the Project site lacks sufficient cover in the flat areas near
Ta.ssajara Creek that would be necessary for the kinds of upland habitat use
and dispersal as described in the DSEIR. Dispersing frogs would therefore be
subject to desiccation and predation due to lack of cover.
Response: See response to comment 4.1.45.
· Comment 4.1.45: The study referenced in Comment 4.1.44 was conducted in
Santa Cruz County where the risk of desiccation to CRLF is not as great as
the East Bay. Based on personal experience with CRLF, the commenter has
found a markedly higher tendency toward upland dispersal in mesic coastal
areas than the dryer East Bay, such as the Project site.
Response: The commenter's opinion is noted.
· Comment 4.1.46: If CRLF were present in the upland dispersal habitat as
identified in the DSEIR, then individual frogs should have been detected in
the trap array installed for the CTS along the western boundary of the Project
site during the 2003-04 winter season. This argument is strengthened by the
fact that 56 post-metamorphic frogs and 1,973 tadpoles were placed in
Tassajara Creek during the summer of 2003 and these should have been
intersected in the trap array when this became operational in October 2003.
The only amphibians found in the trap array were CTS, yellow-eyed
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salamanders and Pacific treefrogs, even though a large number of frogs and
tadpoles were translocated only 350 feet from the trap array.
Response: It is not dear in the comment whether all 586 post-metamorphic
frogs and 1,973 larvae were released at one point 350 feet from the trap
array, or distributed throughout Tassajara Creek. Larvae probably
experience high mortality rates. Estimated larvae survival rates to
metamorphosis cited by the USFWS (2004) range from less than one percent
to five percent. Based on these estimates, roughly 20 to 200 of the released
larvae would survive through metamorphosis. Depending on where the
release point(s) is located, it is unknown whether the released post-
metamorphic frogs and those larvae surviving to metamorphosis would
have encountered the trap array.
· Comment 4.1.47: The drainage on the northern edge of the site currently
provides a dispersal corridor for CRLF that might disperse between Tassajara
Creek and areas to the west of the Project site, such as Parks RFTA. In fact,
CRLF are likely to use this drainage for dispersal far more than they would
use the upland portion of the Project site due to a gentler slope out of the
Tassajara Creek drainage, the presence of concealing cover within and near
the drainage north of the site, and moisture within the drainage.
Response: According to the USFWS, CRLF will make long-distance, straight-
line, point-to-point movements rather than using corridors for moving
between habitats. The USFWS also cites a study in Santa Cruz County where
dispersing adult frogs moved without apparent regard to topography,
vegetation type, or riparian corridors. This suggests that CRLF dispersing to
or from populations to the west may move through any portion of the Dublin
Ranch West site.
· Comment 4.1.48: In summary, the commenter expects CRLF in Tassajara
Creek to leave the drainage and disperse onto or across upland areas west of
the çreek only on rare occasions, and the upland portions of the Project site
do not represent important habitat for these species. Even if egress were not
constrained by creek topography, adult CRLF would only be expected to
leave the drainage for brief foraging bouts during the wet season and stay
within the buffer zone near the Creek. The commenter does not believe the
Project site is a migratory corridor between Tassajara Creek and known
CRLF sites further west. The dry nature of the upland area of the Project site,
the lack of concealing cover on the upland portion of the site, the high quality
of CRLF habitat along Tassajara Creek itself and the lack of captures of CRLF
dispersing across the upland by the CIS trapping array during the winter of
2003-04 lead to the conclusion that the proposed Project would not lead to a
significant impact to CRLF.
Response: The City's biologist agrees that juvenile CRLF disperse more widely
over upland areas than adults. Juveniles were observed in heavily grazed
grassland with minimal cover in the Eastern Dublin area in 2004, suggesting
that CRLF juveniles disperse even when cover is poor. Poor cover on the
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Dublin Ranch West site would not preclude CRLF from using it during
dispersal. Also, although CRLF dispersing from Tassajara Creek to the west
may face restricted access to the Dublin Ranch West site, those dispersing
from the Camp Parks area to the east toward Tassajara Creek, and ultimately
upstream or downstream, would encounter less-challenging topography.
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