04 ATTACHMENT 10 - Laserfiche WebLink

I Page 2, February 3, 2009 Honorable Jennifer Hostcrman, Mayor and City Council Flog many plants existed in the 12-acres of occupied habitat in 1993? Unfortunately, without plant count from 1993, the City cannot verify the adequacy of the mitigation using the highly questionable plant count method of mitigation. How will the City be able to demonstrate that the mitigation was truly successful? The California Environmental Qualit y Act "C QA" requires mitigation for current conditions. The information in the EIR concerning the Arroyos Project mitigation is speculative because there is no documentation to support the assertion that the mitigation for the Arroyos Project was implemented. The City and County have been unable to provide any documentation supporting their contention that the San Joaquin speacale mitigation was implemented as claimed. Page -103 of the Final EIF states "With respect to mitigation for losses of ""potential habitat," impacts are considered significant for occupied habitat only, and were mitigated at an approximate ratio of : L". There was nearer an analysis done of suitable or occupied habitat, so how does the Final E l R make the determination that habitat was mitigated for at a ratio of :1 [until surveys determine the amount of Sari Joaquin sp ar cak habitat on the site, the Ells cannot determine appropriate mitigation measures. Once the habitat on the site is assessed and quantified, then on- or off-site mitigation should occur at a minimum 1:1 mitigation ratio. Without mitigation for San Joaquin spara.l+e, this project requires a Statement of Overriding Consideration to cause take of this species or its suitable habitat. teelhead Trout nc.•orhynchus ykiss Central California Coast steelhead trout are listed as a threatened species under the Federal Endangered Species Act. The Arroyo Mocho Widening/Arroyo Las Positas Realignment Project included fish ladders specifically to address the issue of future steelhead migration through the Arroyos. The Alameda Creek Fisheries restoration Workgroup Workgroup, which includes 1 public agencies and non - profit organizations, has for the last ten }rears been working to return steelhead to the Alameda Creek watershed. Over the past three }rears the Niles and Sunol darns were removed, improving fish passage in the creek. Early in 2008 two steelhead were transported past the BART weir in Fremont, and successfully spawned in Stonybrook Creek, a tributary to Alameda Creek in Niles Canyon. Fish passage projects in the lower creep that will allow steelhead to migrate upstream to Arroyo de [a Laguna are scheduled for construction by 2010. We expect that the efforts of the Workgroup will lead to fish passage into lower Arroyo de la Laguna within two to three }rears. At that time steelhead trout may be able to reach the project area without assistance. Ste the d trout should be included in the CEQA analysis for the project. California Red -legged frog Rana aurora r r ytoni The Eli acknowledges that the project arcs provides habitat for the California red - legged frog rLF . Unfortunately here have been no CRLF surveys in the project area since 2002, prior to construction of the Arroyos Project. The EIR argues that the project area has low duality habitat ``because of the presence of exotic predators,' but there have been no surreys since the Arroyos Project to support this statement. If invasive predators are removed from the creek and suitable upland habitat is available, the red - legged frog could again occupy this arcs. The mitigation measures should irwlude removal of non - nature predators from the creeks, and maintenance of adjacent upland habitat. Removal of non - nature predators would also benefit steelhead when they return to the Arroyos. The Eli does not discuss the mitigation for upland habitats if CRLF are found in the creeks adjacent to the project site.