TRAINING AND FIELD EXECUTION COSTS FOR CONFORMING TO SMUD’S BEST MANAGEMENT PRACTICES IMPLEMENTATION
A. Best Management Practices
1. Biology
The following BMPs shall be implemented to minimize impacts to biological resources:
BMPs Item General
1
Contractors working on SMUD projects near special-status species or their habitats will receive environmental awareness training prior to beginning work activities. The training will include the review of environmental laws and guidelines that must be followed by all personnel to reduce or avoid effects on special-status species during construction.
2
Where present, existing paved and unpaved roads will be used to access the work area. Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas to the extent practicable.
3 Avoid driving through ponded areas including vernal pools and wetlands to the maximum extent feasible.
4 Vehicles will not exceed a speed limit of 15 mph off-road or on unpaved roads.
5 Trash dumping, firearms, open fires (such as barbecues), hunting, and pets will be prohibited in work areas.
6
Runoff or discharges from the construction site to vernal pools, wetlands, and other environmentally sensitive habitats is prohibited. Erosion control measures will be implemented where necessary to reduce erosion and sedimentation in wetlands, waters of the United States, and waters of the state, and habitat occupied by special-status animal and plant species when construction activities are the source of potential erosion problems.
7
Special-status species habitat will be documented by SMUD in the job packet and/or a work area will be adequately flagged or fenced in the field to limit construction equipment and personnel to the minimum area necessary to perform the proposed work.
8
During construction and maintenance, no equipment refueling or equipment maintenance shall be conducted within 250 feet of any lakes, ponds, streams, creeks, rivers or other bodies of water (including vernal pools, wetlands, etc.). All refueling and equipment maintenance shall occur in specifically designated areas, with secondary containment.
9
Open trenches and/or holes will be covered at the end of the work day to prevent wildlife from being entrapped. Prior to the start of work activities, any open trench or hole will be inspected for trapped wildlife. Any trapped wildlife will be
relocated by a SMUD-provided qualified biologist.
10
After completion of construction activities, contractors will remove any temporary fill and construction debris and, wherever feasible, restore disturbed areas to pre-project conditions.
11
The development of new access roads for construction projects by SMUD or contractors will be minimized, and clearing vegetation and blading for temporary vehicle access will be avoided to the extent practicable.
12 Chipped plant matter from vegetation management activities will not be placed in wetland habitat (dry or inundated).
Reporting Requirements
13
If an injured or dead animal is found at the project site, the contractor shall contact SMUD Environmental Management at (916) 732-5836 immediately, who will be responsible for notifying the appropriate state and federal agencies.
Presence of Special-status Species
14
If dictated by project site conditions, a SMUD-provided qualified biologist (biological monitor) will be present onsite and will inspect any construction-related activities to ensure that no unnecessary ground disturbance or take of species occurs. The biologist will have the authority to stop all activities that may result in such take or destruction until appropriate corrective measures have been completed.
Vernal Pool Plants
15
All work will be performed after the special-status plants have gone to seed (SMUD Environmental Management will provide specific plant species bloom times) and prior to the first significant rain to the extent practicable. Should soil moisture be encountered in the seasonally ponded habitat, rubber matting, or similar equivalent, will be used to minimize disturbance.
16 No pesticides or herbicides will be used within 250 feet of vernal pools.
17
For utility pole installations within seasonally inundated areas, the area between the pole and the pole hole will be backfilled with concrete. The upper portion will be backfilled with native soil commensurate with the topography and stratigraphy of the surrounding soil.
18 For pole removal, clay (native or bentonite) or concrete will be used to fill the pole hole.
Other Special-status Plant Species
19
If a special-status plant species is present, a SMUD-provided qualified biologist will stake and flag exclusion zones of 250 feet around plant-occupied habitat (both the standing individuals and the seed bank individuals) prior to construction activities.
20
If a special-status plant species is present, all work will be performed after the plants have gone to seed (refer to specific plant species bloom times) and prior to the first significant rain to the extent practicable. Should soil moisture be encountered in the modeled habitat, rubber matting, or similar equivalent, will be used to minimize disturbance.
21
If a special-status plant species is present and the 250 foot buffer cannot be maintained, the upper 4 inches of topsoil will be stockpiled separately during excavations. As part of the completion of the project, the native topsoil shall be backfilled into the affected area. When feasible, the compaction of the backfilled soil will be minimized to the extent consistent with utility standards.
Vernal Pool Invertebrates
22
All work within 250 feet of vernal pool invertebrate habitat will be performed in the dry season (approximately April 15 through October 15). Should soil moisture be encountered, rubber matting, or similar equivalent, will be used to minimize disturbance.
23
For pole installations, the area between the pole and the pole hole will be backfilled with concrete. The upper portion will be backfilled with native soil commensurate with the topography and stratigraphy of the surrounding soil. Areas of disturbed soil will be reseeded with a native seed mix.
24 For pole removal, clay (native or bentonite) or concrete will be used to fill the pole hole.
25 No pesticides or herbicides will be used within 250 feet of vernal pools.
Valley Elderberry Longhorn Beetle
26
Elderberry shrubs provide potential habitat for the valley elderberry longhorn beetle (VELB). Where reconnaissance surveys determine that elderberry shrubs are present, surveys shall be performed according to Service (1999), or SMUD will assume species presence. If construction must occur within 20 feet of an elderberry shrub, or if branches greater than 1 inch in diameter must be affected, the following protective measures will be implemented:
Periodic Trimming/Pruning
27 Elderberry shrubs located in the work zone shall be flagged.
28 Stems greater than 1 inch in diameter will not be trimmed.
29
A SMUD-provided qualified biological monitor will supervise trimming of elderberry shrubs or supervise construction activities falling within 100 feet of elderberry shrubs and stop work if personnel are out of compliance with the avoidance measures, or if there is a risk that incidental take of beetle may occur.
30 Elderberry shrubs in need of pruning or located within 100 feet of the construction area will be documented on work orders
and the SMUD Planner Supervisor will be informed. SMUD and outside agency contacts will be made through the Planner Supervisor.
31
No herbicides, pesticides, or fertilizers will be used on elderberry shrubs or within 100 feet of elderberry shrubs.
Herbicides/pesticides used on nearby vegetation will be topically applied to avoid mist or overspray on elderberry shrubs.
32
If use of a bucket truck is necessary to trim an elderberry bush, the tires of the vehicle must stay outside of the drip line of the tree to avoid root damage.
Construction Activity
33
If VELB habitat is found at the project site and a 100 foot buffer zone is established and maintained around the habitat, then no additional avoidance and minimization measures are necessary.
34
Construction activities falling between 20 feet and 100 feet of an elderberry bush will adhere to the following avoidance and Minimization Measures:
35
All on-site construction personnel will receive instruction regarding the presence of elderberry shrubs, VELB, the importance of avoiding impacts to VELB and its habitat, and the possible penalties for not complying with these requirements.
36
Flag the 20-foot exclusion boundary around the elderberry shrub and post a sign with the following information: “This area is habitat of the valley elderberry longhorn beetle, a threatened species, and must not be disturbed. This species is protected by the Endangered Species Act of 1973, as amended.
Violators are subject to prosecution, fines, and imprisonment.”
The signs should be clearly readable and must be maintained for the duration of construction.
37
A biological monitor will be required to supervise construction activities falling between 20 feet and 100 feet of elderberry shrubs and stop work should personnel be out of compliance with the VELB avoidance and minimization measures, or if there is a risk that incidental take of VELB may occur.
38 Disturbance shall be minimized, and the site will be restored following construction.
Elderberry Shrub Removal
39
Elderberry shrubs to be transplanted will be done so in accordance with the 1999 Service Guidelines or the most recent approved methodology.
California tiger salamander
40
For ground disturbing activities, work will be performed outside of the “wet” season, which begins with the first rainfall event that results in at least 0.25 inches of precipitation after October 15 (as measured from the closest published location
and elevation by the National Weather Service) and continues until April 15.
41 Only a CDFW and USFWS-approved biologist may capture or handle California tiger salamander.
42
24 hours prior to ground disturbing activities in California tiger salamander (CTS) habitat, the work area will be surveyed for CTS by a SMUD-provided qualified biologist. Survey of the work area will be repeated if a lapse in construction activity of two weeks or greater has occurred.
43
When a concentration of burrows is present in a work area, the area will be staked or flagged to ensure that work crews are aware of their location and to facilitate avoidance of the area.
44
Cross country access routes will be identified on construction drawings or clearly marked in the field with appropriate flagging and signs.
45
Because dusk and dawn are often the times when CTS are most actively foraging and dispersing, construction activities in CTS habitat shall not start until half an hour after sunrise and must be completed half an hour prior to sunset.
46
No plastic mono-filament matting shall be used for erosion control in CTS habitat. Tightly woven fiber netting or similar material shall be used for erosion control or other purposes in CTS habitat to ensure that the tiger salamander does not get trapped. Coconut coir matting is an acceptable erosion control material.
Giant Garter Snake
47 When possible, avoid construction activities within 200 feet from the banks of giant garter snake habitat.
48
Construction activity within 200 feet of giant garter snake habitat will be conducted between May 1 and October 1. This is the active period for giant garter snakes and direct mortality is lessened because snakes are expected to actively move and avoid danger.
49
24 hours prior to construction activities, the work area will be surveyed for giant garter snakes by a SMUD-provided qualified biologist. Survey of the work area will be repeated if a lapse in construction activity of two weeks or greater has occurred.
50
Confine clearing to the minimal area necessary to facilitate construction activities. Flag and designate avoided giant garter snake habitat within or adjacent to the work area as Environmentally Sensitive Areas. This area will be avoided by all construction personnel. For work in or around canals, hand clearing of canals is preferred for removal of excessive vegetation or debris. Any equipment should be operated from the bank top. Excavate from only one side of the canal during a given year. Avoid excavating the banks above the high water level. Preferably, one side of the canal should be left
undisturbed indefinitely, (the preferred side would be the west or north side), so that emergent vegetation and bank side cover is left in place.
51
Any dewatered habitat will remain dry for at least 15 consecutive days after April 15 and prior to excavating or filling of the dewatered habitat.
52
If a snake is encountered during work activities, crews shall stop work and contact SMUD Environmental Management at (916) 732-5836. Environmental Management will have authority to stop construction until appropriate corrective measures have been completed or it is determined that the snake will not be harmed. Giant garter snakes encountered will be allowed to move away from the work site on their own.
Capture and relocation of trapped or injured individuals can only be attempted by personnel or individuals approved by the USFWS.
Nesting Birds
53
Disturbances to any nesting birds shall be avoided during the nesting season of February 15 through August 31, in accordance with the Federal Migratory Bird Treaty Act and California Fish and Game Code regulations. If construction is scheduled to occur within the nesting season and nesting birds may be disturbed, SMUD will schedule nesting surveys at least 2 weeks prior to construction when feasible.
54
If an active bird nest is observed within or near project work areas, work will cease, care will be taken to not harm the nest, and the work supervisor will contact SMUD Environmental Management at (916) 732-5836. Buffer zones around nests shall be established as determined by the biologist depending on the species. The boundaries of the buffer zone shall be marked with yellow caution tape, stakes, or temporary fencing.
The buffer zone shall be maintained throughout the construction period, until SMUD Environmental Management determines that the young have fledged or the nests are no longer occupied. Work can proceed within the buffer if monitoring by a SMUD-provided qualified biologist determines that the activities are not adversely affecting the nesting birds.
Burrowing Owl
55
If burrowing owls are present at the site, a SMUD-provided qualified biologist will determine whether an exclusion zone of 160 feet during the non-nesting season (September 1 through January 31) and 250 feet during the nesting season (February 1 through August 31) can be established. If it cannot, an experienced burrowing owl biologist will develop a site-specific plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of the owls, and the
dissimilarity of the proposed activity with background activities) to minimize the potential to affect the reproductive success of the owls.
56
Burrowing owls could be passively relocated, in coordination with CDFW after it is determined that owls have not begun laying eggs. This would involve the installation of one-way doors to let owls out, but not allow them to re-enter the burrow. Once the owls have been excluded from the burrow, the burrow shall be collapsed.
Swainson's Hawk
57 No active Swainson’s hawk nests will be removed.
58
If a Swainson’s hawk nest is known to be within 0.25 mile of a planned worksite, a qualified biologist will evaluate the effects of the construction activity. If the SMUD-provided qualified biologist determines that the activity would disrupt nesting, SMUD will consult with CDFW prior to any project-related activities within 0.25 mile that may cause nest abandonment or forced fledging during the nesting season (March 15 through June 30).
59
For construction activities located within 1,000 feet of a known occupied Swainson’s hawk nest, a biological monitor will be present. The monitor will survey the nest 1-2 days prior to the start of construction activities to determine the behavior of adults, the current level of disturbance within proximity to the nest, and any other information that may help determine how construction activities may impact the nest.
The SMUD-provided qualified biologist will monitor construction activities to determine if the birds are stressed, such that nest abandonment is likely. If the adults appear stressed, work activities will be stopped.
60
In rural areas design “raptor-friendly 69- or 230-kV electric subtransmission and transmission lines with conductor wire spacing greater than the wingspans of large birds (43 inches on the vertical and 60 inches on the diagonal) to prevent electrocutions (APLIC, 2006) when feasible.
Tricolored Blackbird
61
Where reconnaissance surveys determine that potential nesting habitat exists, if construction would occur during the breeding season (April 1 through July 31), a preconstruction survey for their colonies shall be conducted by a qualified SMUD-provided qualified biologist to ensure that none are disturbed during project construction. This survey shall be conducted no more than 14 days prior to the initiation of construction activities during the early part of the breeding season or no more than 30 days prior to the initiation of construction during the late part of the breeding season (calendar month of July).
During this survey, the biologist shall inspect potential tricolored blackbird habitat in and within 500 feet of the
project area.
62
To minimize impacts on tricolored blackbird colonies, a 250-foot buffer shall be established around active tricolored blackbird nests. No project-related construction shall occur within this buffer until young have fledged or the species are no longer attempting to nest. No further mitigation measures are required once the young have fledged.
2. Cultural
The following BMPs shall be implemented to minimize impacts to cultural resources:
Item Mitigation Measure
1
If any cultural resources, such as structural features, bone or shell, artifacts, human remains, or architectural remains are encountered during any project development activities, work shall be suspended and SMUD Environmental Management will be contacted at (916) 732-5836. Environmental Management will coordinate any necessary investigations of the site with appropriate specialists, as needed. Additional mitigation may be necessary for the protection of the cultural resources.
2
When Native American archaeological resources are discovered, all identification and treatment shall be conducted by a SMUD-provided qualified archaeologist who meets the federal standards as stated in the Code of Federal Regulations (CFR) (36 CFR 61), and Native American representatives who are approved by the local Native American community as keepers of their cultural traditions. In the event that no such Native American is available, persons who represent tribal governments and/or organizations in the locale in which resources could be affected shall be consulted.
3
Pursuant to Section 5097.98 of the California Public Resources Code and Section 7050.5 of the State Health and Safety Code, if human remains or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the Sacramento County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person it believes to be the most likely descendant. The most likely descendant shall work with the contractor to develop a program for re-interment of the human remains and any associated artifacts. No additional work shall take place within the immediate vicinity of the find until the identified appropriate actions have been implemented.
4
Depending on the site conditions, a SMUD-provided cultural resource monitor will be designated for the construction portion of the project. The monitor will be present for the duration of construction and be responsible for the assessment of construction work relative to cultural resources. The monitor will have the authority to stop work if any evidence of paleontological resources or human remains is found.
Depending on the site conditions, a SMUD-provided cultural resource monitor will be designated for the construction portion of the project. The monitor will be present for the duration of construction and be responsible for the assessment of construction work relative to cultural resources. The monitor will have the authority to stop work if any evidence of paleontological resources or human remains is found.