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State of - The Resources Aqency ARNOLD SCHWARZENEGGER. Governor DEPARTMENT OF FISH AND GAME huo:/ /www.dfg.ca.gov

POST OFFICE BOX 47 YOUNTVillE, CALIFORNIA 94599 (707) 944-5500

October 5,2007

Notice Of Preparation Environmental Impact Report Sears Point Wetlands and Watershed Restoration Project

To Interested Parties:

As lead agency under the California Environmental Quality Act (CEQA), the Department ofFish and Game (Department) will prepare an environmental impact report (EIR) regarding the Sears Point Wetlands and Watershed Restoration Project. :rhe U. S. Fish and Wildlife Service is the lead agency for this project under the National Environmental Policy Act (NEP A). A combined environmental document will be prepared to comply with the requirements of both NEP A and CEQA. This Notice of Preparation (NOP) is being circulated in compliance with CEQA. A separate Notice ofIntent (NO I) will be filed in the Federal Register in compliance with NEP A.

The proposed project is based on the Sonoma Land Trust's preferred Non-Tidal Alternative, which is presented in the Sears Point Wetlands and Watershed Restoration Project Final Preliminary Plan (February 2007). The project proposes to restore 970 acres of tidal marsh; improve tidal exchange in Tolay Creek along the eastern edge of the project boundary; preserve and enhance 106 acres of non-tidal seasonal wetland while maintaining existing agricultural practices between the SMART line and State Route (SR) 37; improve public recreational access south of SR 37; enhance 40 acres of non-tidal seasonal wetland north of SR 37; and create 15.5 acres of additional breeding habitat, including 0.5-acre of excavation in the floodplain, for the California red-legged frog near the northern project boundary.

The primary project purpose for the Sears Point project is to restore natural estuarine ecosystems on diked baylands; to enhance and manage existing watershed resources for ecological benefits; and to retain viable agricultural uses and seasonal wetlands to the maximum extent practical while providing public access and recreational and educational opportunities compatible with ecological and cultural resources protection.

Alternatives to the proposed project will be evaluated in the document, with corresponding analysis provided for each identified alternative. Additional information on the proposed project is available at www.sonomalandtrust.org.

Conserving Ca[ifomiaJs Wi[tf[ife Si~e 1870 ~ The Department has taken steps to identify and evaluate any potential negative environmental effects associated with the proposed project. However, in order to assist the Department in identifying the range of potential actions, alternatives, mitigation measures and significant effects to be analyzed in depth in the EIR, the Department is requesting your views as to the scope and content of the environmental information, which you feel, is germane to the subject project.

Your response relative to the scope of the EIR must be sent at the earliest possible date, but not later than 30 days after receipt of this notice in order for your comments to be considered.

The Department, in cooperation with the U. S. Fish and Wildlife Service, will be holding a scoping meeting on the Sears Point Wetland and Watershed Restoration Project at the Sonoma Community Center, 276 East Napa Street, Sonoma, CA 95476, on October 15, 2007 from 6:00-8:30 PM. The purpose of this meeting will be to solicit input from the public concerning the environmental issues of concern and alternatives that should be discussed in the EIR.

Please send responses to this Notice of Preparation to "Sears Point Restoration CEQA Scoping Comments", Attention: Mr. Liam Davis, Senior Environmental Scientist, at the address provided above. Your comments should include your name, address, and daytime telephone number so a representative of the Department can contact you if clarifications regarding your comments are required. Please include the heading "Sears Point Restoration CEQA Scoping Comments" in your response.

Sincerel'l. ~ ., r.J-t1l"1/ r v\.:;r"I 1.1 Charles Armor Regional Manager Bay Delta Region Notice of Preparation

To: INTERESTED AGENCIES, STAKEHOLDERS AND MEMBERS OF THE PUBLIC

From: CALIFORNIA DEPARTMENT OF FISH AND GAME 7329 SILVERADO TRAIL NAPA, CA 94558

Subject: SEARS POINT WETLAND AND WATERSHED RESTORATION PROJECT ENVIRONMENTAL IMPACT REPORT (EIR)

I. Introduction

In cooperation with California Department of Fish and Game (DFG) and U.S. Fish and Wildlife Service (USFWS), Sonoma Land Trust (SLT) is seeking to restore tidal and diked wetlands and upland habitats for a wide range of species, to protect open space, and to develop public access and educational opportunities, including extending the Trail.

The California Department of Fish and Game is the lead agency for this project under the California Environmental Quality Act (CEQA). The U.S. Fish and Wildlife Service is the lead agency for this project under the National Environmental Policy Act (NEPA). A combined environmental document will be prepared to comply with the requirements of NEPA and CEQA. This Notice of Preparation (NOP) is being circulated for the preparation of an Environmental Impact Report (EIR) in compliance with CEQA. A separate Notice of Intent (NOI) will be filed in the Federal Register in compliance with NEPA. Interested members of the public and stakeholders have the opportunity to provide comment through either noticed scoping period. Comments from both the state and federal noticing processes (NOP and NOI) will become part of the administrative record for the joint CEQA/NEPA environmental document.

II. Location and Setting

The 2,327-acre Sears Point property is located near the intersection of Lakeville Highway- Reclamation Road and State Route 37 (SR 37) in southern Sonoma County. The site is also traversed from east to west by an inactive rail line owned by the Sonoma-Marin Area Rail Transit (SMART) District.

The project site is comprised of two large properties, the North Point Joint Venture (NPJV) parcel and the Dickson Ranch parcel, which are situated on the edge of between the mouth of the and Tolay Creek. The 1,679-acre NPJV parcel extends both north and south of SR 37. It is bounded on the north by the Infineon Raceway property, on the east by Cougar Mountain (north of SR 37) and Paradise Vineyards (south of SR 37), on the south by the SMART rail line, and on the west by Lakeville-Reclamation Road. The 648-acre Dickson Ranch parcel is located entirely south of Highway 37, and is bounded on the north by the

Page 1 SMART rail line, on the west by Tolay Creek, on the south by San Pablo Bay, and on the west by the outboard levee as it veers bayward from the SMART rail line.

Site topography ranges from below mean sea level (msl) in portions of the subsided diked baylands along the southern project boundary to approximately 400 feet above mean sea level (msl) in the rolling uplands north of SR 37. With the exception of a small number of barns, houses, and outbuildings scattered throughout the project site, the area is predominantly undeveloped, comprising a mixture of tidal, seasonal, and riparian wetlands, streams, and upland habitats.

III. Background

The baylands portion of the project site existed historically as tidal marsh until it was diked off from tidal action between the 1890s and the early 1900s. This was principally done to support oat hay production and for dairy pasture land on the NPJV and Dickson Ranch parcels. Over time, the former wetland soils have gradually dried and decomposed, causing the land to subside several feet below sea level. The diking has also prevented seasonal rains from draining naturally into the Bay, which has required the construction and maintenance of the network of drainage ditches and pumping stations to keep fields dry and prevent flooding on SR 37 and the SMART rail line.

Agricultural activities have historically occurred in the reclaimed marsh areas south of SR 37. Presently, SLT maintains an agricultural lease for oat hay farming on 619 acres on the NPJV parcel. This area is located south of Highway 37, primarily south of the SMART rail line. The Dickson Ranch parcel is also used for some oat hay farming and the remainder of the property is maintained as upland game bird habitat. Shooting and hunting activities are permitted on the portion of the property leased by the Black Point Game Bird Club, which occupies the easternmost portion of the Dickson Ranch parcel. Activities associated with the bird club have resulted in localized soil contamination due to the presence of contaminants derived from lead shot and clay targets used for skeet shooting. Common contaminants include lead and various polynuclear aromatic hydrocarbons (PAHs).

Grazing activities have historically occurred in the upland watershed areas both north and south of SR 37. Much of the NPJV site was under grazing management at the time SLT acquired the property in January 2005. According to SLT’s Existing Conditions Report, dated March 2005, livestock grazing of approximately 200 cattle occurred on 1,059 acres of the property at least five years prior to the preparation of the report. Grazing activities have primarily occurred within the area east of Lakeville Highway and on the north side of Highway 37, with some additional grazing on the south side of Highway 37. In general, the lowland grasslands and swales on the NPJV parcel have been degraded by cattle trampling, nutrient loading, and long-term dominance by non-native grasses and broadleaf weeds. Hillslopes and seasonal drainages in the upland watershed have also been degraded by cattle, causing sediment deposition and the eventual aggradation of sediments on local streambeds.

Unsupervised public recreational access is not permitted on the project site. Existing segments of the Bay Trail are, however, located near and adjacent to the project site. The Bay Trail segment

Page 2 on Sonoma Baylands to the west dead-ends at the project boundary. A second segment is located on across Tolay Creek from the Sears Point site.

IV. Proposed Project

The proposed project is based on SLT’s preferred Non-Tidal Alternative, which is presented in the Sears Point Wetlands and Watershed Restoration Project Final Preliminary Plan (February 2007). The project proposes to:

restore 970 acres of tidal marsh; improve tidal exchange in Tolay Creek along the eastern edge of the project boundary; preserve and enhance 106-acres of non-tidal seasonal wetland while maintaining existing agriculture between the SMART line and SR 37; improve public recreation access south and possibly north of SR 37; enhance 40 acres of non-tidal seasonal wetland north of SR 37; and create 15.5 acres of additional breeding habitat, including 0.5 acres of excavation in the floodplain, for the California red-legged frog near the northern project boundary.

The following sections summarize the major restoration components of the proposed project. For convenience, these are separated by geographic segment.

South of Railroad – Tidal Marsh

The restored marsh south of the SMART rail line would incorporate a mixture of vegetated marsh, intertidal and shallow subtidal channels, and ponds. As part of the proposed project, a new flood control levee would be constructed alongside the rail line. Approximately 68,000 linear feet of pilot channels would be excavated from the diked baylands area to facilitate tidal flow between the site and adjacent waterways. A series of interior graded topographic features – including marsh mounds, sidecast ridges, counter-levee mounds, and gently sloping habitat levee edges -- would also be included in project design. Breaches would be utilized in the existing outboard levee to restore the area to full tidal marsh. Breach 1 would connect to San Pablo Bay via the Petaluma River Entrance Navigation Channel, while Breaches 2 through for 4 would connect directly to Tolay Creek. To further enhance hydraulic connections between the site and Tolay Creek, portions of the creek channel bank below Breach 2 would be dredged. This would allow for full, unimpeded tidal flow in Tolay Creek. Other restoration elements would include: lowering the outboard levee; prevegetating the site in conjunction with modifying the current flood-drain management schedules; establishing a possible hydrologic connection to Sonoma Baylands; excavating contaminated soil from the Black Point Game Bird Club property and using it as fill material for a portion of the new flood control levee; relocating low-voltage utility poles south of the railroad; and removing the storm water pumps currently located at the outboard levee alongside San Pablo Bay and Tolay Creek.

Page 3 Railroad to Highway 37 – Diked Seasonal Wetlands and Ongoing Wetland-Compatible Agriculture

On the diked baylands portion of the site that extends from the SMART rail line to Highway 37, the project proposes to retain agriculture and pasture while at the same time enhancing seasonal wetland functions. Some of these areas would be managed as “wetland priority areas”, with timing of some agricultural activities optimized for seasonal wetland and wildlife values. Conversely, areas managed as “agriculture priority areas” would optimize for crop production while maintaining agricultural activities favorable to seasonal wetland enhancement (such as discing). The boundary between the wetland priority and agricultural priority areas would be marked by very gently sloped small berm about 1 ft high and about 10 ft wide that would be stabilized by planting with native creeping wildrye (Leymus triticoides). These berms would provide farmers with clear plowing boundaries and restrict annual weeds, and would also provide nesting and cover for wildlife.

South and North of SR 37 – Bay Trail

As part of the restoration effort, SLT would attempt to partially bridge the gap between two disconnected segments of the by constructing one or more trail alignments across the Sears Point property. Possible alignments would include a 2.6-mile perimeter trail along the new levee; a 1.2-mile trail located adjacent to Reclamation Road and SR 37 that would provide a connection between the new levee and the Sears Point Ranch Headquarters; a 1.3-mile trail that would provide a connection through the easterly portion of the site from the new levee to the headquarters office; a 0.4-mile spur trail that would connect the easterly levee-to-headquarters trail with the uplands south of SR 37; a 1.1-mile loop trail originating at the headquarters that would access lands north of SR 37; and a 1.9-mile trail that would extend along the north side of the SMART rail line from Reclamation Road to the eastern project boundary. Additionally, two existing private at-grade rail crossings may be considered for conversion to public crossings, and four potential grade-separated crossings may be incorporated into the project design in order to facilitate a trail connection between the new levee and the Sears Point Ranch Headquarters. Potential trailhead parking may also be provided along Reclamation Road, north of the SMART rail line.

North of SR 37 – Diked Seasonal Wetlands

The low-lying diked bayland parcel at the northeast corner of the Highway 37/Lakeville Highway junction, which currently includes about 40 acres of bottomland diked baylands consisting of weed-dominated pasture with shallow pools, would be modified to become a seasonal marsh and pond dominated by native perennial marsh vegetation. Surface soils would be removed to a depth of about two feet below current grade to form a single, large shallow depression with low-gradient side slopes. Excavated soil would be placed within the tidal marsh restoration area south the SMART rail line for use in constructing interior graded topographic features or the flood control levee if soil quality is suitable.

At the north end of the enhancement area, a berm would be constructed to an elevation of +5 ft NAVD to ensure that ponded water would not flow north onto the adjacent Silva property to the

Page 4 immediate north. A subsurface cutoff wall would be constructed beneath the berm to prevent subsurface groundwater movement onto the Silva property. Additionally, a storm water pump would be installed in an existing drainage ditch (D-1) on the north side of the pump to maintain storm water drainage for the Silva property to the immediate north and to utilize that storm water for seasonal wetlands enhancement. Willow stakes would be planted along either bank of the ditch to provide more varied habitats.

At the southwest corner of the enhancement area, a new drainage ditch may be added to link the existing culvert under Lakeville Highway that connects culvert C-24 to the existing ditch D-1 that drains south through culvert C-4 under Highway 37. The purpose of this ditch would be to provide greater hydrologic connectivity between the Sears Point Site and the adjacent North Parcel Seasonal Wetlands Enhancement Project site, thereby increasing water management flexibility between the two sites.

North of SR 37 – California Red-Legged Frog (CLRF) Enhancement

An enhancement area for CLRF would be created along one main stream reach in the northern portion of the NPJV parcel. The area is proposed for willow and riparian shrub planting and enhancement, creation of a total of 0.5 acres of CRLF breeding pools, and installation of cattle exclusion fencing. The fencing would consist of cross channel fences to restrict livestock from entering the stream corridor. Partial or complete exclusion fencing would also be installed around the CRLF breeding pools.

A. Project Purpose

The Primary Project Purpose for the Sears Point project is to restore natural estuarine ecosystems on diked baylands, to enhance and manage existing watershed resources for ecological benefits, and to retain viable agricultural uses and seasonal wetlands to the maximum extent practical while providing public access and recreational and educational opportunities compatible with ecological and cultural resources protection.

B. Project Goals

The Project goals are:

1. For the diked baylands portion of the site, to implement the recommendations of the Baylands Ecosystem Habitat Goals Report (Goals Project 1999), including: Preserve and restore a large continuous band of tidal marsh along the bayfront between the Petaluma River and Tolay Creek.

Establish a natural wetlands-uplands transition to the greatest extent possible and provide an upland buffer outside the baylands boundary.

Establish managed marsh or enhanced seasonal pond habitats on agricultural baylands that are not restored to tidal marsh.

Page 5 In baylands that are not presently restored to tidal marsh, implement the project in such a way that future phasing of tidal restoration activities is possible.

2. For the watershed, the goal is to improve conditions for native plants, birds, mammals, reptiles, and amphibians through the following approaches: Control exotic plant and animal species

Enhance existing streams, wetlands, and riparian areas

Improve range management practices

Support viable rangeland practices

3. To ensure the conservation of these lands as open space in perpetuity.

4. To define project designs that reflect the interests of a diverse stakeholder community.

5. To protect cultural and historic resources on the site and to promote culturally important plant species restoration where possible.

6. To provide recreational opportunities, public access (including the Bay Trail), and environmental education compatible with protecting and restoring ecological and cultural resources.

7. To develop a stewardship program that maximizes ecological functions and minimizes the need for active management and maintenance of the site over the long term.

8. To ensure public health and safety, including flood protection for Highway 37, Lakeville Highway, Reclamation Road, and the SMART railroad right-of-way (ROW), and mosquito abatement.

9. To carry out initial stewardship and restoration planning activities in a manner that brings the project to implementation efficiently and cost-effectively.

E. Environmental Issues of Concern

The EIR will examine potential environmental issues of concern arising from project implementation. Potential impacts of the project may include, but are not limited to impacts on or related to:

threatened and endangered species; common wildlife; wetlands; land use and agriculture;

Page 6 water quality; flood control; levee stability; navigation and dredging; aesthetics; air quality; noise; public access; cultural resources; socioeconomics and environmental justice; and hazardous substances and waste

These subject areas, in addition to any other subject areas identified by SLT, DFG, and USFWS through the scoping process as areas of potentially significant impacts will be discussed in the EIR. In some cases, the project may have a beneficial effect on certain resources.

F. Scoping

SLT, in cooperation with DFG and USFWS, is seeking input from interested federal, state, and local agencies, Native American representatives, and other interested private organizations and parties through provision of this notice and holding of a scoping meeting. The scoping meeting will be held at Sonoma Community Center, 276 East Napa Street, Sonoma, CA 95476, on October 15, 2007 from 6:00-8:30 PM. The purpose of this meeting is to solicit input regarding the environmental issues of concern and the alternatives that should be discussed in the EIR. The public comment period commences on October 8, 2007 and closes on November 6, 2007. The public will have an additional opportunity to comment on the proposed action after the draft EIR is released to the public in late 2007/early 2008.

Written comments may be submitted by regular mail to: Liam Davis, Environmental Specialist California Department of Fish and Game P.O. Box 47 Yountville, CA 94599 (707) 944-5529

Comments can also be submitted via email: [email protected]

Questions concerning the project can be submitted to: John Brosnan, Baylands Program Manager Sonoma Land Trust 966 Sonoma Avenue Santa Rosa, CA 95404 Phone (707) 526-6930 x 109 [email protected]

Information on the project can be found on the Web at: http://www.sonomalandtrust.org/

Page 7 Santa Rosa

29 121 12 SONOMA NAPA Vacaville Rohnert Park

Napa

Fair eld Petaluma 121 80 12 116 12 SOLANO 121 Project Location 680 12

101 37

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Novato San Pablo Bay Benicia Hamilton Army Air Field

MARIN 4 Pittsburg Pinole San Rafael Antioch San Anselmo Martinez San Pablo 80 El Sobrante Concord Pleasant Hill Larkspur Richmond CONTRA COSTA El Cerrito Mill Valley 101 Walnut Creek 1 Albany 24 Lafayette Graphics\Projects\ 00685.07 (10-3-07) Graphics\Projects\ Orinda 680 1 Figure 1 Regional LocationBerkeley of Project Site, Sears Point Wetland and Watershed Restoration Project Moraga Piedmont Danville Oakland

San Francisco ALAMEDA San Ramon SAN FRANCISCO San Leandro Dublin Castro Daly City Ashland 580 Valley Livermore San Lorenzo Pleasanton South San Francisco Hayward

Paci ca San Bruno Millbrae 92 Union City Burlingame San Mateo Hillsborough Foster City Fremont

84 Newark Belmont San Carlos North Fair Oaks Redwood City East Palo Alto Menlo Park Milpitas Stanford Palo Alto 35 101 1 82 Mountain View 680 Sunnyvale Los Altos Alum Rock Santa Clara 280