INITIAL STUDY / MITIGATED NEGATIVE DECLARATION MARIN COUNTRY CLUB WATER FACILITY PROJECT

SEPTEMBER 2010

Lead Agency: City of Novato Community Development Department 75 Rowland Way, #200 Novato, CA 94945-5054

Prepared By: Analytical Environmental Services 1801 7th Street, Suite 100 Sacramento, CA 95811 (916) 447-3479 www.analyticalcorp.com INITIAL STUDY / MITIGATED NEGATIVE DECLARATION MARIN COUNTRY CLUB WATER FACILITY PROJECT

SEPTEMBER 2010

Lead Agency: City of Novato Community Development Department 75 Rowland Way, #200 Novato, CA 94945-5054

Prepared By: Analytical Environmental Services 1801 7th Street, Suite 100 Sacramento, CA 95811 (916) 447-3479 www.analyticalcorp.com

TABLE OF CONTENTS Marin Country Club – Water Facility Project

CHAPTER 1 INTRODUCTION AND SUMMARY ...... 1-1 1.1 Introduction ...... 1-1 1.2 CEQA Lead Agency ...... 1-1 1.3 Purpose of the Proposed Project ...... 1-2 1.4 Project Setting and Zoning ...... 1-2 1.5 Summary ...... 1-2 1.6 References...... 1-2

CHAPTER 2 PROJECT DESCRIPTION ...... 2-1 2.1 Project Location ...... 2-1 2.2 Description of Proposed Project ...... 2-1 2.3 Environmental Quality Act Baseline Description ...... 2-11 2.4 Required Permits and Approvals ...... 2-16 2.5 Public Involvement ...... 2-17 2.6 References ...... 2-17

CHAPTER 3 ENVIRONMENTAL CHECKLIST ...... 3-1 3.1 Aesthetics ...... 3.1-1 3.2 Agriculture and Forestry Resources ...... 3.2-1 3.3 Air Quality and Greenhouse Gas Emissions ...... 3.3-1 3.4 Biological Resources ...... 3.4-1 3.5 Cultural Resources ...... 3.5-1 3.6 Geology and Soils ...... 3.6-1 3.7 Hazards and Hazardous Materials ...... 3.7-1 3.8 Hydrology and Water Quality ...... 3.8-1 3.9 Land Use and Planning ...... 3.9-1 3.10 Mineral Resources ...... 3.10-1 3.11 Noise ...... 3.11-1 3.12 Population and Housing ...... 3.12-1 3.13 Public Services ...... 3.13-1 3.14 Recreation ...... 3.14-1 3.15 Transportation and Traffic ...... 3.15-1 3.16 Utilities and Service Systems ...... 3.16-1 3.17 Mandatory Findings of Significance ...... 3.17-1

CHAPTER 4 MITIGATION MEASURES ...... 4-1

Analytical Environmental Services i Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration City of Novato Table of Contents

TABLES Table 2-1 Water Right Applications 31655 and 31656 ...... 2-6 Table 2-2 Reservoir and Point of Diverison Details ...... 2-6 Table 2-3 Proposed Place of Use ...... 2-7 Table 2-4 Storage Reservoirs ...... 2-8 Table 2-5 CEQA Baseline and Project Components ...... 2-16 Table 3.3-1 SFBAAB Federal and State Attainment Status ...... 3.3-2 Table 3.3-2 Federal and State Ambient Air Quality Standards ...... 3.3-2 Table 3.4-1 Potentially Occuring Special Status Species ...... 3.4-11 Table 3.8-1 Points of Interest ...... 3.8-6 Table 3.8-2 Water Availability ...... 3.8-8 Table 3.8-3 February Median Flow ...... 3.8-8

FIGURES Figure 2-1 Regional Location Map ...... 2-2 Figure 2-2 Site and Vicinity ...... 2-3 Figure 2-3 Proposed Reservoir 6 Grading Plan ...... 2-4 Figure 2-4 Project Components ...... 2-5 Figure 2-5 1993 Aerial ...... 2-12 Figure 2-6 1993 Aerial and Project Components ...... 2-13 Figure 2-7 Site Photographs ...... 2-14 Figure 2-8 Site Photographs ...... 2-15 Figure 3.4-1 Habitat Map ...... 3.4-6 Figure 3.4-2 Site Photographs ...... 3.4-7 Figure 3.8-1 Water Availability Analysis POI Map ...... 3.8-7

Analytical Environmental Services ii Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 1 Introduction and Summary

1.1 INTRODUCTION

The Marin Country Club (MCC) Water Facility Project (proposed project) is located within the City of Novato, approximately 20 miles north of the City of San Francisco, California.

The proposed project is subject to permitting from the City of Novato and consists of constructing an onstream pond having a surface area of about 1.2 acres with a capacity of four acre-feet (af). The pond would be designed to impound water behind an earthen and concrete flashboard dam embankment having an outlet pipe for purposes of dewatering the pond. Material for the dam embankment would be obtained from excavation within the high water line of the pond. The pond would be located on the golf course at the MCC on the Arroyo San Jose watercourse, tributary to Novato Creek thence . The proposed pond is located within a chain of six existing ponds on the golf course.

The proposed pond is a component of the project named in Water Right Applications 31655 and 31656, which is also reviewed in this document. The Water Right Applications seek the approval of diversion to storage of up to 85 af per year for storage in a total of seven onstream ponds (six existing and one proposed) all which are located on the Arroyo San Jose. Water would be used on 95 acres at the MCC for irrigation and industrial purposes. The MCC is currently using the surface runoff water stored in the six existing ponds, groundwater extracted from three wells located in the golf course, and imported water purchased from the North Marin Water District to meet its irrigation and industrial demands.

The MCC is a private golf course located just west of Highway 101. The MCC has been in operation for over 50 years and currently offers a variety of services, including an 18-hole golf course, clubhouse, fitness center, pool complex, and tennis courts. The land for the MCC was purchased in 1956. Construction of the golf course and ponds started in late 1956 and the MCC opened on September 20, 1958 (Marin Country Club, 2009).

1.2 CEQA LEAD AGENCY

The City of Novato was incorporated on January 20, 1960, and provides municipal services to a population of 52,737 (as of January 2008) (CDF, 2008).

The City of Novato is the California Environmental Quality Act (CEQA) Lead Agency for the proposed project and has prepared this Initial Study/Mitigated Negative Declaration to provide

Analytical Environmental Services 1-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 1 City of Novato Introduction and Summary agencies and the public with information about the proposed project’s potential impacts, both beneficial and adverse, on the local and regional environment. This document has been prepared in compliance with CEQA (1970, as amended) and the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.

1.3 PURPOSE OF THE PROPOSED PROJECT

The purpose of the proposed project is to develop an additional onstream pond that will be located within a chain of six existing onstream ponds. The total amount of water to be diverted to storage in the seven ponds is 85 af per year, as set forth in the two Water Right Applications. This water would be used for the continued operation of the existing facilities of the MCC. No new development of the golf course or other MCC facilities would occur.

1.4 PROJECT SETTING AND ZONING

The MCC is located within the Pacheco Valley within the southwestern portion of the City of Novato. The Pacheco Valley is surrounded by a landscape characterized by hillsides and ridgelines. The proposed pond would be constructed on the Arroyo San Jose watercourse, which transects the southern portion of the MCC. The MCC and adjacent residential parcels are designated by the City of Novato General Plan (General Plan) as Low Density Residential. The City of Novato zoning designation for the MCC is Planned District.

1.5 SUMMARY

This Initial Study has identified potentially significant impacts associated with the proposed project and mitigation measures which, when incorporated into the proposed project, will reduce the potentially significant impacts to less than significant levels. Therefore, this Initial Study supports the finding that a Mitigated Negative Declaration is the appropriate environmental document for the proposed project under Section 15070 of the CEQA Guidelines.

1.6 REFERENCES

California Department of Finance, 2008. E-1 Population Estimates for Cities, Counties and the State with Annual Percent Change - January 1, 2007 and 2008. Sacramento, California, May 2008.

Marin Country Club, 2009. Available online at: http://www.marincountryclub.com/. Accessed on April 8, 2009.

Analytical Environmental Services 1-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 Project Description

2.1 PROJECT LOCATION

The Marin Country Club (MCC) is located approximately one-mile west of Highway 101 within the City of Novato, Marin County, California (Figure 2-1). The MCC is comprised of three Assessor’s Parcels: 160-010-75, 160-040-24, and 160-422-08. These parcels cover an area of approximately 110 acres located within unsectioned areas of San Jose (Pacheco), Township 3N, Range 6W, Mt. Diablo Baseline and Meridian, of the “Novato, CA” U.S Geological Survey 7.5 minute topographic quadrangle (Figure 2-2).

2.2 DESCRIPTION OF PROPOSED PROJECT

The proposed project consists of construction of a four acre-foot (af) onstream reservoir (Figure 2-3). The proposed reservoir (Reservoir 6) is designed to impound water behind an earthen and concrete flashboard dam embankment having an outlet pipe for the purpose of dewatering the reservoir. The reservoir would be located on the golf course at the MCC on the Arroyo San Jose watercourse within a chain of six existing onstream reservoirs. The proposed reservoir is a component of the project named in Water Right Applications 31655 and 31656, which provide for a combined diversion amount of up to 85 af per annum for storage in the seven reservoirs (Table 2-1).

Application 31655 proposes the diversion to storage of 72 af of water between October 1 and June 30. Water would be stored in five existing onstream reservoirs (Reservoirs 1 to 5), all located on Arroyo San Jose tributary to Novato Creek thence San Pablo Bay (Figure 2-4). The five reservoirs have a combined capacity of 72 af, as detailed in Table 2-2. Water would be used for the purpose of irrigating up to 95 acres (proposed place of use; POU) of existing golf course fairways, greens and roughs (Table 2-3); as well as landscape watering at the clubhouse, and for industrial purposes, including dust control and for shop use.

Application 31656 proposes the diversion to storage of 13 af of water between October 1 and June 30. Water would be stored in an existing onstream reservoir (Reservoir 7) and a proposed onstream reservoir (Reservoir 6), both located on Arroyo San Jose (Figure 2-4). Proposed Reservoir 6 would be constructed downstream of Reservoir 7 and upstream of Reservoir 5. Reservoirs 6 and 7 would have a combined capacity of 13 af, as detailed in Table 2-2. Water would be used for the purposes of irrigation and industrial use at the same proposed POU as named in Application 31655 (Table 2-3). It was necessary to file two separate water right applications for this project as only five reservoirs can be included in an application.

Analytical Environmental Services 2-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Sonoma Creek SCALE

Mil es Napa River Project Site Marin County Petaluma 036 Sonoma County Napa County Cor Laguna Lake deli San Anton aSlough io Cr eek

Petaluma River Napa RiverSolano County Montezuma Slough

Vallejo Nicasio ReservoirMarin CountyNovato

Carquinez Strait PROJECT Samuel Taylor State Park Park SITE

Kent Lake 101

Point Reyes Natl Seashore Golden Gate Natl Rec Area

Alpine Lake Contra Costa County 580 San Rafael Wildcat Canyon Reg Park Briones Regional Parkr San Pablo ReservoirConcordBriones Reservoir TildenTilden Reg Reg Park Park Mount Tamalpais State Park

80 Oakland

San Francisco 880Upper San Leandro Reservoir San Francisco County Alameda County Lake Chabot 280 METROPOLITAN OAKLAND INTL

San Mateo County

SAN FRANCISCO INTL San Andreas Lake

Marin Country Club - Water Facility Project / 208528 SOURCE: ESRI Data, 2007; AES 2009 Figure 2-1 Regional Location Map PROPERTY BOUNDARY

SCALE

Feet

07501,500

Marin Country Club - Water Facility Project / 208528 SOURCE: "Novato, CA" USGS 7.5 Minute Topographic Quadrangle, T3N, R6W and Unsectioned Areas of San Jose (Pacheco), Mt. Diablo Baseline and Meridian; AES, 2009 Figure 2-2 Site and Vicinity SCALE

NORTH 0 30’ 60’

Marin Country Club - Water Facility Project / 208528 SOURCE: Kelder Engineering, 2009; AES, 2009 Figure 2-3 Proposed Reservoir 6 Grading Plan Ig n o ac rroy S an Jose io A B lv d.

se Arroy n Jo Reservoir/POD 1 o S a (!

Dr. Club untry Co Reservoir/POD 2 (! Reservoir/POD 3 (!

Reservoir/POD 4 (!

Reservoir/POD 5 Reservoir/POD 7 (! (! Reservoir/POD 6 (!

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Feet ¢ !NORTH Ð 0350700

Marin Country Club - Water Facility Project / 208528 SOURCE: Wagner & Bonsignore, 2008; GoogleEarth Aerial Photograph, June 2007; AES, 2009 Figure 2-4 Project Components Chapter 2 City of Novato Project Description

TABLE 2-1: WATER RIGHT APPLICATIONS 31655 AND 31656 Diversion Amount Diversion Place of Application Diversion Purpose of Use (acre-feet) Season Use (acres) To Storage in Irrigation and 31655 72 10/01 to 6/30 95 Reservoirs 1 to 5 Industrial To Storage in Irrigation and 31656 13 10/01 to 6/30 95 Reservoirs 6 and 7 Industrial Source: State Water Board, 2007

TABLE 2-2: RESERVOIR AND POINT OF DIVERSION DETAILS Reservoir/ Section Approximate Location Within Township Range B&M POD (projected) Capacity (af) Application 31655 Arroyo San Jose tributary to Novato NW ¼ of NW 1 32 3N 6W MD 20 Creek thence San ¼ Pablo Bay Arroyo San Jose tributary to Novato SW ¼ of NW 2 32 3N 6W MD 9 Creek thence San ¼ Pablo Bay Arroyo San Jose tributary to Novato 3 SE ¼ of NE ¼ 31 3N 6W MD 15 Creek thence San Pablo Bay Arroyo San Jose tributary to Novato 4 SE ¼ of NE ¼ 31 3N 6W MD 16 Creek thence San Pablo Bay Arroyo San Jose tributary to Novato 5 SE ¼ of NE ¼ 31 3N 6W MD 12 Creek thence San Pablo Bay Total 72 Application 31656 Arroyo San Jose tributary to Novato 6* NW ¼ of SE ¼ 31 3N 6W MD 4 Creek thence San Pablo Bay Arroyo San Jose tributary to Novato 7 NW ¼ of SE ¼ 31 3N 6W MD 9 Creek thence San Pablo Bay Total 13 * Proposed reservoir location. Source: State Water Board, 2007

Analytical Environmental Services 2-6 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description

TABLE 2-3: PROPOSED PLACE OF USE Section Previously Use Within Township Range B & M Acres (Projected) Cultivated NW ¼ of NE ¼ 31 3N 6W MD 1 Yes NE ¼ of NE ¼ 31 3N 6W MD 3 Yes SW ¼ of NW ¼ 31 3N 6W MD 2 Yes SE ¼ of NW¼ 31 3N 6W MD 7 Yes SW ¼ of NE ¼ 31 3N 6W MD 22 Yes SE ¼ of NE ¼ 31 3N 6W MD 21 Yes NW ¼ of SW ¼ 31 3N 6W MD 7 Yes NE ¼ of SW ¼ 31 3N 6W MD 5 Yes NW ¼ of SE ¼ 31 3N 6W MD 5 Yes NE ¼ of SE ¼ 31 3N 6W MD 1 Yes NW ¼ of NW ¼ 32 3N 6W MD 7 Yes NE ¼ of NW ¼ 32 3N 6W MD 7 Yes SW ¼ of NW ¼ 32 3N 6W MD 7 Yes Total 95 Source: State Water Board, 2007

A minimum bypass flow of 2.62 cubic feet per second (cfs) would be maintained at Point of Diversion (POD) 1 during the diversion period from October 1 through June 30.

The MCC currently uses the surface water from the six onstream reservoirs (Reservoirs 1-5 and 7), groundwater from three onsite wells, and imported water purchased from the North Marin Water District (NMWD) to serve its POU. Stormwater runoff from the MCC and residential areas adjacent to the MCC discharge to the Arroyo San Jose through a system of approximately 48 culverts. Water is captured in the reservoirs by installing sliding flashboards that are located at the dams of each reservoir. The system starts impounding water at the furthest upstream reservoir first, Reservoir 7, and continues downstream to Reservoir 1.

Supplemental water is provided by groundwater wells when the reservoir levels start to drop in the late summer season. Groundwater is currently pumped at a rate of approximately 200,000 gallons per day from three operational groundwater wells to the reservoirs via existing pipelines. Imported water from NMWD is also used. Under the proposed project, water would continue to be provided by all three current sources to meet current demands. Proposed Reservoir 6 would increase the storage capacity on MCC by four af per year.

The Department of Water Resources, Division of Safety of Dams has jurisdiction over reservoirs with capacities of 50 af or greater and dams with an embankment height of 25 feet or greater. None of the MCC reservoirs are jurisdictional in size (Table 2-4). The points of diversion

Analytical Environmental Services 2-7 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description

(PODs) at the dams of the reservoirs contain flashboards used to control water levels in the reservoirs.

TABLE 2-4: STORAGE RESERVOIRS Approximate Reservoir Dam HeightB (feet) Capacity (acre-feet) 1 20 15 2 9 12 3 15 12 4 16 11 5 12 11 6A 4 8 7 9 13 A Proposed capacity and dam height. B From downstream toe of slope to spillway level. Source: State Water Board, 2007

2.2.1 Construction Activities

Construction of Reservoir 6 would involve ground-clearing, excavation, and grading activities. Approximately 1.2 acres of land would be cleared for the footprint of the reservoir and dam. The reservoir would be excavated to a depth of approximately six feet. Elevations would range from 116 feet above mean sea level (msl) at the bottom of the reservoir to 122 feet above msl at the spillway. The maximum cut amount is anticipated to be approximately 7,330 cubic yards. The excavated earth would be used in the construction of the new dam embankment to the extent necessary. Excess excavated material would be hauled offsite during construction. Construction equipment would be staged in the vicinity of proposed Reservoir 6 in the fairways of 17th and/or 18th holes.

The encroachment permit application and construction plans would include Best Management Practices (BMPs) to control particulate emissions and erosion resulting from construction activities, including the placement of earthen material excavated from the reservoir for construction of the dam. Construction activities would be conducted during the dry season (approximately July 15 through October 1). Temporary erosion control measures, such as silt fences, staked straw bales, fiber rolls and mats, would be installed in disturbed areas. BMP plans shall be determined in accordance with the guidance materials provided by Section 15-2 of the City of Novato Municipal Code.

Ground-clearing activities would include the removal of 12 mature trees. The trees would be mitigated at a 3:1 ratio in accordance with the report titled “Arborist Report, Marin Country Club Water Facility Project” dated September 2010 and prepared by Analytical Environmental Services (AES) (AES, 2010a), and the trees would be monitored and maintained according to the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated

Analytical Environmental Services 2-8 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description

July 2010 and prepared by AES (AES, 2010b). One hundred percent of the impacted trees would be replaced onsite. Disturbance of the soil within the protected zone of the trees (or the radius from the trunk of the tree to the point on the canopy farthest from the trunk plus one foot) within the vicinity of construction-related activities would be minimized to the extent feasible to the area and shortest amount of time necessary for construction of the pond. A minimum of four inches of mulch would be laid within the driplines of any trees to be preserved if construction equipment is to be stationed or operated within these driplines during construction activities. In the immediate vicinity of tree removal and construction activities, pennant streamers/runway flagging would surround the portion of the stream zone not scheduled to be disturbed. No encroachment into the flagged-off areas would be permitted and flagging would remain in place until all construction activities have ceased. If it is necessary to sever tree roots outside of the flagged area, they would be severed cleanly and kept moist. If roots are severed during the dry season, an irrigation plan would be developed and implemented for the duration of the dry season to reduce the impacts to the tree. The roots would be covered with protective material such as burlap, mulch, or plywood until they are covered with soil. The area around the roots would be backfilled as soon as possible and the area kept moist for the duration of the construction activities.

The construction would result in the inundation of approximately 500 linear feet of the Arroyo San Jose channel (Figure 2-3). Stream and wetland impacts would be mitigated by preservation and enhancement of existing streams and wetlands at a minimum ratio of 1:1 acres created versus impacted and 2:1 acres restored versus impacted; mitigation is contingent on final approval from the U.S. Army Corps of Engineers (USACE). Mitigation, maintenance and monitoring along the Stream Protection Zone would be conducted consistent the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated July 2010 and prepared by AES for the project, which includes tree replacement measures, a NWPT habitat enhancement program, an invasive species removal program, and a pesticide limitation program (AES, 2010b).

Workers and Equipment Approximately six workers would perform the construction activities. Construction activities are estimated to require the use of two scrapers, one dozer, and one compactor over a period of approximately four weeks. Standard operation precautions would be employed by the project contractor to prevent accidental release of fuels or other hazardous materials. Additionally, all construction equipment would include spark arresters in good working order, and any staging areas or areas slated for development using spark-producing equipment would be cleared of dried vegetation or other materials that could serve as fire fuel.

Analytical Environmental Services 2-9 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description

Schedule and Protective Measures Construction activities would typically take place within the hours of 7 a.m. and 6 p.m. Monday through Friday, in accordance with exemption criteria contained in the City of Novato Municipal Code (City of Novato, 2008). Construction activities would last for a period of approximately four weeks.

A suitable wildlife management professional would remove all red-eared slider turtles (REST) from all of the aquatic habitats within the project site. In addition to the REST removal efforts, an educational/public awareness brochure about the invasive and exotic nature of REST would be printed and displayed at several locations onsite. Construction would commence as early as possible during the dry season (approximately July 15 through October 1) to avoid nesting northwestern pond turtle (NWPT).

A qualified biologist would conduct a pre-construction survey for NWPT within all areas that are within 50 feet of the construction area. Prior to the onset of construction activities the qualified biologist would facilitate the installation of high visibility exclusionary fencing at either end of the proposed construction area in order to prevent NWPT from entering the construction site. The qualified biologist would also conduct a construction worker awareness training prior to the start of work and would be present onsite during all construction activities to act as a construction monitor.

At least three to five large rocks and/or logs would be placed in each of the ponds for basking and the Applicant would continue to allow some emergent vegetation to grow along the banks of the ponds up to the fairway’s edge. Vegetation management would be conducted consistent with current practices; continued mechanical grooming (e.g. with a lawn mower) up to the fairway edge adjacent to the ponds is permitted, while any vegetation management activities along the pond banks would be conducted by hand or with a hand-held tool (e.g. weed wacker). No pesticides and/or fertilizers would be used along the pond banks, unless they are registered and appropriate for use in waters. Continued operation and maintenance activities within the fairways are permitted.

A qualified biologist would conduct a pre-construction nesting bird survey if tree removal activities are to occur between February 1 and September 30. The pre-construction survey would include all potential nesting habitat within 500 feet of proposed tree removal activities.

Removal of vegetation immediately adjacent to the stream banks, except for exotic, invasive species or other vegetation identified in the Stream Management Plan, would be avoided. Native landscape plantings would be maintained to provide a vegetated streamside buffer and absorb sediment and chemical constituents, and provide a zone for rainfall infiltration to the creek channel. Pesticides and/or fertilizers used within the stream banks would be registered

Analytical Environmental Services 2-10 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description with the EPA and appropriate for use in waters. Application of pesticides would be performed by a licensed pesticide applicator and application would be avoided during rainy and/or windy weather to the maximum extent feasible. Continued operation and maintenance activities within the fairways are permitted.

In the event contamination or hazardous materials are encountered during construction, all work would be halted. A qualified professional, in consultation with the appropriate regulatory agencies, would develop an appropriate method to remediate the contamination. Should any buried archaeological materials be uncovered during project activities, such activities would cease within 100 feet of the find. A professional archeologist would be retained to evaluate the find and recommend appropriate mitigation measures. If human remains are encountered, then the project would comply with Section 15064.5 (e) (1) of the CEQA Guidelines and the Public Resources Code Section 7050.5, including halting all project-related ground disturbance within 100-feet of the find until the county coroner has been notified, a professional archeologist would be retained to evaluate the find, and if human remains are of Native American origin, the coroner must notify the Native American Heritage Commission within 24 hours of this identification.

2.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT BASELINE DESCRIPTION

Applications 31655 and 31656 were both filed with the State Water Resources Control Board (State Water Board), Division of Water Rights (Division) on March 30, 2007, which is considered the date environmental review began and is, therefore, considered California Environmental Quality Act (CEQA) baseline date for the proposed project. Both applications were noticed for public review on October 11, 2007. One protest was submitted to the Division by the California Department of Fish and Game, and the protest has yet to be resolved.

Information submitted with the Water Rights Applications states that Reservoirs 1 through 5 and Reservoir 7 were built in the early 1950s. The proposed POU was developed in 1957; prior to the development of the golf course, the property was historically used as pasture and grazing lands since the early 1900’s (State Water Board, 2007). Figure 2-5 shows an aerial photograph of the project area of the MCC in July 1993, more than 14 years prior to the CEQA baseline date. Figure 2-6 shows evidence of existing project components at this time, including: Reservoirs 1 through 5 and Reservoir 7; 95 acres of fairways, greens, and roughs; and the club house and associated facilities. Reservoir 6 was undeveloped at this time, and remains undeveloped today. Photographs of the project site are included in Figures 2-7 and 2-8.

Based on the above discussion of project components, the CEQA baseline includes: Reservoirs 1 through 5 and Reservoir 7; the use of 81 af of surface water for irrigation of the 95 acres of existing fairways, greens and roughs; and industrial use at the club house and associated

Analytical Environmental Services 2-11 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Ig n a c io B lv d.

Dr. Club untry Co

r. y D rwa Fai

LEGEND

Property Boundary

Feet

0 325 650

Marin Country Club - Water Facility Project / 208528 SOURCE: USGS Aerial Photograph, 7/10/1993; AES, 2008 Figure 2-5 1993 Aerial Ig n a c io B lv d.

Reservoir/POD 1 (!

Dr. Club untry Co Reservoir/POD 2 (! Reservoir/POD 3 (!

Reservoir/POD 4 (!

Reservoir/POD 5 (! Reservoir/POD 7 (! Reservoir/POD 6 (!

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(! Point of Diversion Proposed Place of Use, Existing Golf Course and Facilities Reservoir

Existing

Proposed

Feet ¢ !NORTH Ð 0325650

Marin Country Club - Water Facility Project / 208528 SOURCE: Wagner and Bonsignore, 2008; USGS Aerial Photograph, 7/10/1993; AES, 2009 Figure 2-6 1993 Aerial and Project Components PHOTO 1 Reservoir # 1 Dam

PHOTO 2 Reservoir #1 Spillway looking downstream

PHOTO 3 Site of proposed Reservoir #6, looking upstream

PHOTO 4 Site of proposed Reservoir #6, looking downstream

Marin Country Club - Water Facility Project / 208528 SOURCE: Mike Podlech, 2008; Wagner and Bonsignore, 1/17/2007; AES, 2009 Figure 2-7 Site Photographs PHOTO 5 View of Reservoir #7 looking upstream

PHOTO 6 Arroyo San Jose upstream of Reservoir #7

PHOTO 7 Flashboard dam typical of Marin Country Club diversion points

PHOTO 8 Typical place of use

Marin Country Club - Water Facility Project / 208528 SOURCE: Mike Podlech, 2008; Wagner and Bonsignore, 1/17/2007; AES, 2009 Figure 2-8 Site Photographs Chapter 2 City of Novato Project Description facilities. The Initial Study/Mitigated Negative Declaration (IS/MND) will assess impacts involved with: the construction of proposed onstream Reservoir 6; the additional diversion of up to four af per year; and the use of the additional water on the 95-acre proposed POU. Table 2-5 provides an overview of project components in relation to the CEQA baseline date.

TABLE 2-5: CEQA BASELINE AND PROJECT COMPONENTS CEQA Baseline Project Components Evaluated in this Existing Project Components at CEQA Baseline Date IS/MND  Existing onstream Reservoirs 1-5 and March 30, 2007  Proposed onstream Reservoir 6 Reservoir 7  Diversion of an additional four afa of  95 acres of existing fairways, greens and roughs surface water to Reservoir 6  Club house and associated facilities  Use of the additional water on the 95- acre proposed POU  Diversion and use of 81 af of surface water from Reservoirs 1-5 and 7

2.4 REQUIRED PERMITS AND APPROVALS

As part of implementation of the proposed project several permits and approvals are currently anticipated to be necessary.

Construction of Reservoir 6 would necessitate the following:

o Use permit from the City of Novato, as required under the City of Novato Municipal Code (Municipal Code), Chapter 19.35 Waterway and Riparian Protection; o Encroachment permit from the City of Novato, as required under Municipal Code, Chapter 15-2 Encroachment in Streets or Rights-of-Way; o Tree removal permit from the City of Novato; o Section 404 Permit from U.S. Army Corps of Engineers; o 1600 Streambed Alteration Agreement from Department of Fish and Game; and o Section 401 Permit from Regional Water Quality Control Board.

In addition, approval of the proposed project by the State Water Board, would result in Appropriative Water Right permits being issued to the MCC for the diversion of up to 85 af per year pursuant to Water Right Applications 31655 and 31656.

Analytical Environmental Services 2-16 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 2 City of Novato Project Description

2.5 PUBLIC INVOLVEMENT In accordance with Section 15073 of the CEQA Guidelines, this document is being circulated to local, state, and federal agencies, and to interested organizations and individuals that may wish to comment on the proposed project. Written comments may be submitted to the following address:

City of Novato Community Development Department Attn: Louise Patterson 75 Rowland Way, # 200 Novato, CA 94945-5054

2.6 REFERENCES

AES, 2010a. Marin Country Club Arborist Report. Prepared by Analytical Environmental Services. September 2010.

AES, 2010b. Marin Country Club Stream Management Plan. Prepared by Analytical Environmental Services. July 2010.

City of Novato, 2008. City of Novato Municipal Code 19.22.070 Noise and Constructions Hours. Available online at: http://www.municode.com/Resources/gateway.asp?pid= 16532&sid=5. Accessed on April 9, 2009.

State Water Resources Control Board (State Water Board ), 2007. Appropriative Water Right Files for Applications 31655 and 31656. Filed on March 30, 2007.

Analytical Environmental Services 2-17 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 Environmental Checklist

1. Project Title: Marin Country Club - Water Facility Project

2. Lead Agency Name and Address: City of Novato Community Development Department 75 Rowland Way, # 200 Novato, CA 94945-5054

3. Contact Person and Phone Number: Louise Patterson (415) 899-8989

4. Project Location: The proposed project is located at the Marine Country Club (MCC), approximately one-mile west of U.S. Highway 101 in Novato, Marin County, California (Figure 2-1).

5. Project Sponsor’s Name and Address: Marin Country Club, Inc. 500 Country Club Drive Novato, CA 94949

6. General Plan Designation: Low Density Residential

7. Zoning: Planned District

8. Description of Project: The proposed project consists of construction of a four acre-foot (af) onstream reservoir. The proposed reservoir (Reservoir 6) is designed to hold water behind an earthen and concrete dam embankment with an outlet pipe for dewatering the reservoir. The reservoir would be located at the MCC on the Arroyo San Jose watercourse between two existing onstream reservoirs. The proposed reservoir is a component of Water Right Applications 31655 and 31656, which were filed for the combined storage of up to 85 af per annum.

Application 31655 proposes the diversion to storage of 72 af of water between October 1 and June 30. Water would be stored in five existing onstream reservoirs (Reservoirs 1 to 5), all located on Arroyo San Jose tributary to Novato Creek thence San Pablo Bay. The five reservoirs have a combined capacity of 72 af. The points of diversion (PODs) at the dams of the reservoirs contain flashboards used to control water levels in the reservoirs. Water would be used for the purpose of irrigating 95 acres (proposed place of use; POU) of

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existing golf course fairways, greens and roughs; as well as landscape watering at the clubhouse, and for industrial purposes, including dust control and for shop use.

Application 31656 proposes the diversion to storage of 13 af of water between October 1 and June 30. Water would be stored in an existing onstream reservoir (Reservoir 7) and a proposed onstream reservoir (Reservoir 6), both located on Arroyo San Jose. Proposed Reservoir 6 would be constructed downstream of Reservoir 7 and upstream of Reservoir 5. Reservoirs 6 and 7 would have a combined capacity of 13 af. The POD at each reservoir consists of a flashboard located at the downstream end of the structure. Water would be used for the purposes of irrigation and industrial use at the same proposed POU, as named in Application 31655.

9. Surrounding Land Uses and Setting: Residences surround the Marin Country Club and the area is designated as Low Density Residential by the City of Novato General Plan.

10. Other Public Agencies Whose Approval Is Required: See “Required Permits and Approvals” in Chapter 2.

Analytical Environmental Services 3-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist

Environmental Factors Potentially Affected:

The environmental factors checked below could be potentially affected by this project. See the checklists on the following pages for more details.

Aesthetics Agriculture and Air Quality and Forestry Resources Greenhouse Gas Emissions

Biological Resources Cultural Resources Geology and Soils

Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning

Mineral Resources Noise Population and Housing

Public Services Recreation Transportation and Traffic

Utilities and Service Systems Mandatory Findings of Significance

Determination:

On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant

unless mitigated” impact on the environment, but at least one effect 1) has been adequately

analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date

Louise Patterson City of Novato Printed Name For

Analytical Environmental Services 3-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Aesthetics

3.1 AESTHETICS

3.1.1 Setting

The Marin Country Club (MCC) consists of an 18-hole golf course covering an area of approximately 107 acres. The MCC includes fairways, roughs and greens surrounded by mature trees, a creek (Arroyo San Jose), six ponds, a club house, swimming complex, fitness center, and tennis courts.

The MCC is located in the southwestern portion of the City of Novato. The topography of the area includes three parallel extensions of Big Rock Ridge and narrow intervening valleys. Environmental resources include the Pacheco Valle open space area and the dedicated open space areas by Loma Verde, managed in part by the MCC, as well as by the Marin County Open Space District. The City of Novato General Plan designates Big Rock Ridge as a scenic ridgeline and views of the ridge are protected by development standards. Arroyo San Jose runs through the project site. Lakes, creeks and natural grass areas are generally considered scenic resources characteristic of Marin County in general (City of Novato, 1996).

3.1.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Have a substantial adverse effect on a scenic vista? " "  " b) Substantially damage scenic resources, including, " "  " but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or " "  " quality of the site and its surroundings? d) Create a new source of substantial light or glare that " "  " would adversely affect day or nighttime views in the area?

Questions A-C Construction of Reservoir 6 would include removal of 12 trees and excavation and grading activities. Construction is anticipated to last approximately four weeks. Several residences located to the south of the MCC would be exposed to temporary visual disturbance resulting from construction equipment. The nearest residence is located approximately 150 feet away from proposed Reservoir 6 and would experience temporary minor aesthetic impacts during the duration of the construction. In addition, MCC members would experience temporary aesthetic impacts due to the proximity of proposed Reservoir 6 to contiguous fairways and greens of the

Analytical Environmental Services 3.1-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Aesthetics

17th and 18th holes (Figure 2-3).

The removal of 12 mature trees would alter existing aesthetics in the immediate area of proposed Reservoir 6 by providing unobstructed views of the surrounding area. Mature trees are located throughout the golf course and the removal of these trees would not change the overall visual character of the golf course. Further, the proposed Reservoir 6 would be constructed between two existing reservoirs and would be consistent with the scenic resources in this area of the golf course. The MCC is located approximately two miles from the nearest State scenic highway (Highway 101) and does not obstruct views of the County’s natural features along this highway (City of Novato, 1996). The downstream toe of slope to spillway level of Reservoir 6 would be approximately eight feet, which is less than the surrounding reservoirs, and it would not alter scenic resources at the MCC or obstruct views of the County’s natural features. Water use on the 95 acre place of use would not impact the aesthetic quality of the MCC because it would be consistent with existing operation practices. Impacts to scenic resources and the visual character of the MCC are considered less than significant.

Question D The proposed project would not introduce new lighting sources or sources of glare. Project construction would occur during daylight hours, typically between the hours of 7 a.m. and 6 p.m., and no nighttime lighting would be required. A less than significant impact would result.

Findings Impacts to aesthetics as a result of the proposed project are considered less than significant.

3.1.3 References

City of Novato, 1996. City of Novato General Plan. City of Novato, Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

Analytical Environmental Services 3.1-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Agriculture and Forestry Resources

3.2 AGRICULTURE AND FORESTRY RESOURCES

3.2.1 Setting

Marin County’s agriculture policies and programs recognize the value of continued agricultural land uses for producing food and fiber for the region and as an important component of the County’s diversified economy (Marin County, 2007). The City of Novato General Plan (General Plan) encourages the continuation of agricultural land uses, though, as noted in the General Plan, most agricultural lands are located outside of the City of Novato (City of Novato, 1996). The Novato Municipal Code designates agricultural and resource districts with the intent to preserve and maintain agricultural lands and natural open spaces. Districts that allow agricultural land use are designated as Agricultural, Open Space, Restricted Open Space, or Conservation (City of Novato, 2008). The Marin Country Club (MCC) is located on land that is designated by the General Plan as Low Density Residential, which does not allow agricultural land uses (City of Novato, 1996). None of the lands that allow agricultural uses are located in the immediate vicinity of the MCC. The closest parcel that allows agricultural uses is located approximately two miles southeast of the MCC.

The Marin Agricultural Land Trust’s (MALT) agricultural conservation easement program was established to preserve and protect agricultural land use through restrictive zoning and land use regulations. The MCC is designated as “Other Private Land” on MALT’s Marin County Farms and Ranches local sustainable agricultural map (Marin Agricultural Land Trust, 2007).

The Marin County Important Farmland Map (2006) designates the MCC as urban and built-up land, which includes residential, industrial, commercial, institutional facilities, and other similar uses (CDC, 2006).

Analytical Environmental Services 3.2-1 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Agriculture and Forestry Resources 3.2.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact In determining whether impacts to agricultural resources are significant environmental impacts, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project: : a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the " " "  Farmland Mapping & Monitoring Program of the California Resources Agency, to non-agricultural uses? b) Conflict with existing zoning for agricultural use, or " " "  a Williamson Act contract? c) Involve other changes in the existing environment " " "  which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? d) Result in the loss of forest land or conversion of " " "  forest land to non-forest use? e) Involve other changes in the existing environment " " "  which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?

Questions A-E The MCC is not designated for agricultural uses by the General Plan. The MCC is not currently subject to a Williamson Act contract or other agricultural preserve status. The MCC is located on land designated as Low Density Residential and the proposed project involves the construction of a reservoir, diversion of water, and use of water at the existing golf course. No farmlands would be converted to non-agricultural use with the proposed project. The proposed project does not conflict with MALT’s agricultural conservation easement program. The proposed project would not involve the conversion of forest land to non-forest use. As discussed in the Biological Resources section, development of the proposed project would result in the removal of 12 trees; mitigation to offset tree removal is discussed in Question E in the Biological Resources section. No impacts would occur.

Findings No impacts would occur to agriculture or forestry resources as a result of the proposed project.

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3.2.3 References

California Department of Conservation (CDC), 2006. California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. Available online at: http://www.conservation.ca.gov/dlrp/fmmp/Documents/ fmmp2006_11_17.pdf. Accessed on April 3, 2009.

City of Novato, 1996. City of Novato General Plan. City of Novato, Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

City of Novato, 2008. City of Novato Municipal Code. Available online at: http://municipalcodes.lexisnexis.com/codes/novato. Accessed on January 23, 2009.

Marin Agricultural Land Trust, 2007. Marin County Farms and Ranches, Local Sustainable Agriculture. Available online at: http://www.malt.org/gfx/Marin_Farmland_poster_smcorrect.pdf. Accessed on March 25, 2009.

Marin County, 2007. Marin Countywide Plan. November 6, 2007. Marin County Community Development Agency.

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3.3 AIR QUALITY AND GREENHOUSE GAS EMISSIONS

3.3.1 Setting

The Marin Country Club (MCC) is located within the San Francisco Bay Area Air Basin (SFBAAB). The SFBAAB is bounded by mountains to the north and south, the Sacramento River Delta to the east, and the Pacific Ocean to the west. The Bay Area Air Quality Management District (BAAQMD) holds jurisdiction over the SFBAAB under guidance provided by the California Air Resources Board (CARB). Air quality in the project area is a function of the criteria air pollutants emitted locally, the existing regional ambient air quality, and the meteorological and topographic factors that influence the intrusion of pollutants into the area from sources outside the immediate vicinity. The MCC is located in the northwestern portion of the SFBAAB, and due to this location’s proximity to the Pacific Ocean, it is highly influenced by marine weather conditions.

Regulations Federal Standards The 1977 federal Clean Air Act (CAA) required the U.S. Environmental Protection Agency (EPA) to identify National Ambient Air Quality Standards (NAAQS) to protect public health and welfare.

NAAQS have been established for the six “criteria” air pollutants, ozone (O3), carbon monoxide

(CO), respirable particulate matter (PM10), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead (Pb). Pursuant to the 1990 Clean Air Act Amendments, the EPA has classified air basins (or portions thereof) as either “attainment” or “non-attainment” for each criteria air pollutant, based on whether or not the NAAQS have been achieved for the air basin. The SFBAAB is classified as non-attainment for O3 and either attainment or unclassified for all other criteria air pollutants as shown in Table 3.3-1 (California Air Resources Board, 2009). Federal standards for O3 are shown in Table 3.3-2.

State Standards The CARB regulates mobile emissions sources and oversees the activities of county Air Pollution Control Districts and regional Air Quality Management Districts. CARB regulates local air quality indirectly by State Ambient Air Quality Standards (SAAQS) and vehicle emission standards by conducting research activities, and through its planning and coordinating activities. California has adopted ambient standards that are more stringent than the federal standards for the criteria air pollutants. Criteria air quality pollutants considered by California include those assessed under NAAQS, as well as fine particulate matter (PM2.5). The SFBAAB is classified as non-attainment for O3, PM10 and PM2.5 (California Air Resources Board, 2009), and attainment for all other criteria air pollutants as shown in Table 3.3-1. State standards for O3, PM10 and

PM2.5 are shown in Table 3.3-2.

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TABLE 3.3-1: SFBAAB FEDERAL AND STATE ATTAINMENT STATUS Pollutant NAAQS Status SAAQS Status 1- hour - Non-attainment O3 8- hour Non-attainment Non-attainment

PM10 Unclassified/Attainment Non-attainment

PM2.5 Attainment Non-attainment CO Attainment Attainment

SO2 Attainment Attainment

NO2 Attainment Attainment Pb - Attainment Source: California Air Resources Board, 2009

TABLE 3.3-2: FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS Pollutant Averaging Time NAAQS SAAQS 1 hour - 0.09 ppm O3 8 hour 0.075 ppm 0.07 ppm 24 hour n/a 50 µg/m PM10 Annual Arithmetic Mean n/a 20 µg/m 24 hour n/a - PM2.5 Annual Arithmetic Mean n/a 12 µg/m NOTES: All standards are based on measurements at 25oC and one atmosphere pressure. National and state standards shown are the primary (health effects) standards. n/a = not applicable; ppm = parts per million; ug/m3 = micrograms per cubic meter. Source: California Air Resources Board, 2009

City of Novato Municipal Code Section 19.22.080 of the City of Novato Municipal Code prohibits the release of noxious or odorous emissions that may be detrimental to public health or safety and requires that such emissions be modified to prevent possible further release (City of Novato, 2008).

Criteria Pollutants Criteria air pollutants of concern in the SFBAAB, as identified by NAAQS and SAAQS, include

O3, PM10 and PM2.5. A discussion of these air pollutants is provided below.

Ozone

Ozone (O3) is created in the presence of sunlight through a photochemical reaction involving reactive organic gas (ROG) and oxides of nitrogen (NOX). ROG and NOX are a result of incomplete combustion of fossil fuels, which is the largest source of ground-level O3. Because photochemical reaction rates depend on the intensity of ultraviolet light and air temperature, O3 is primarily a summer air pollution problem. As a photochemical pollutant, O3 is formed only during daylight hours under appropriate conditions, but is destroyed throughout the day and night. O3 is considered a regional pollutant, as the reactions forming it take place over time and are often most noticeable downwind from the sources of the emissions.

Analytical Environmental Services 3.3-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Air Quality and Greenhouse Gas Emissions

Particulate Matter (PM10 and PM 2.5)

PM10 consists of particulate matter ten microns (one micron is one one-millionth of a meter) or less in diameter, which can be inhaled. Relatively small particles of certain substances (e.g., sulfates and nitrates) can cause lung damage directly, or can contain adsorbed gases (e.g., chlorine or ammonia) that may be injurious to health. Primary sources of PM10 emissions include entrained road dust and dust from construction and demolition activities. Burning of wood in residential wood stoves and fireplaces and open agricultural burning are other sources of PM10. The amount of particulate matter and PM10 generated is dependent on the soil type and the soil moisture content.

PM2.5 consists of particulate matter 2.5 microns or less in diameter, and is believed to pose the greatest health risks. Because of their small size, fine particles can lodge deeply into the lungs. Sources of fine particles include all types of combustion activities (motor vehicles, power plants, wood burning, etc.) and certain industrial processes.

Sensitive Receptors Specific land uses, such as residential areas and schools, are considered more sensitive to elevated pollution concentration than others, such as commercial and industrial. Sensitive receptors in the vicinity of the MCC consist of several residences and schools. The nearest residence to the location of proposed Reservoir 6 is located approximately 150 feet southwest of the southern property boundary near Reservoir 7. The nearest school is Terese Montessori School for Toddlers, located approximately 0.85 miles northeast of the location of proposed Reservoir 6.

Greenhouse Gas (GHG) Emissions California has been a leader among the states in outlining and aggressively implementing a comprehensive climate change strategy that is designed to result in a substantial reduction in total statewide GHG emissions in the future. California’s climate change strategy is multifaceted and involves a number of state agencies that are in the process of implementing a variety of state laws and policies. At the local level, the San Francisco Bay Area Air Quality Management District (BAAQMD) adopted CEQA thresholds on June 20, 2010, which include thresholds for criteria pollutants and GHG (BAAQMD, 2010). GHG emissions thresholds of significance focus on operational-related emissions for the following land use development projects: residential, commercial, industrial, and public land uses and facilities. No GHG emissions thresholds of significance pertinent to tree loss have been adopted at the state or local level.

Analytical Environmental Services 3.3-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Air Quality and Greenhouse Gas Emissions 3.3.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the "  " " applicable air quality plan? b) Violate any air quality standard or contribute "  " " substantially to an existing or projected air quality violation? c) Expose sensitive receptors to substantial pollutant "  " " concentrations? d) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or "  " " state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? e) Create objectionable odors affecting a substantial " "  " number of people? f) Generate greenhouse gas emissions, either directly " "  " or indirectly, that may have a significant effect on the environment? g) Conflict with an applicable plan, policy, or " "  " regulation adopted for the purpose of reducing the emissions of greenhouse gases?

Questions A, B and D Potential air quality impacts associated with the proposed project are limited to those resulting from short-term construction activities involved with construction of Reservoir 6. The proposed project in combination with other emissions in the region has the potential to result in a cumulatively considerable increase in O3, PM10 and PM2.5 emissions. Construction-related emissions could include exhaust from construction equipment and fugitive dust from land clearing, earthmoving, movement of vehicles, and wind erosion of exposed soil. Construction emissions would be limited due to the size of the proposed reservoir’s footprint, which consists of a surface area of approximately 1.2 acres. This is considered a potentially significant impact.

The BAAQMD provides California Environmental Quality Act (CEQA) guidelines to address emission from construction activities. These guidelines do not require that a project quantify emissions from construction, but rather incorporate preventative measures into the design of a project. For projects less than four acres in size, the BAAQMD CEQA guidelines recommend the control of particulate emissions through the implementation of best management practices (BMPs), as outlined in Mitigation Measure 3.3-1.

Analytical Environmental Services 3.3-4 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Air Quality and Greenhouse Gas Emissions

Mitigation Measure 3.3-1 At a minimum, the following BMPs shall be specified on construction plans and implemented during construction to reduce construction-related emissions:

 Water all active construction areas at least twice daily;  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard;  Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;  Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and  Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

After the incorporation of Mitigation Measure 3.3-1, potential impacts are considered less than significant.

Question C Sensitive receptors in proximity to the location of proposed Reservoir 6 where construction would occur include nearby residences and Terese Montessori School for Toddlers. The Terese Montessori School would not be affected by construction activities due to the school’s distance to the construction site (approximately 0.85 miles or 4,488 feet, on the opposite side of Ignacio Boulevard). Ground-clearing, grading and excavation activities associated with the development of the reservoir would occur approximately 250 feet, or greater, from residential sensitive receptors. This is considered a potentially significant impact.

Design of the proposed project would include the implementation of BMPs provided by the BAAQMD CEQA guidelines to control particulate emissions from construction activities, as outlined in Mitigation Measure 3.3-1. This would reduce potential impacts to a less than significant level.

Question E Objectionable odors, such as diesel exhaust emissions created during construction of the proposed project, would not be detectable beyond the construction area boundary. No other odors would result from the proposed project. This is considered a less than significant impact.

Questions F and G Twelve trees would be removed during reservoir development. Construction and operational sources of GHG emissions include equipment use and vehicle travel. Given the small scale of

Analytical Environmental Services 3.3-5 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Air Quality and Greenhouse Gas Emissions the project with limited construction equipment (ground clearing of 1.2 acres with two scrapers, one dozer, and one compactor), temporary nature of construction activities (30 days), and combined with the emissions mitigation above and the tree replacement mitigation discussed in the Biological Resources section below, it is not expected that significant carbon emissions or sequestration loss would occur. The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. Impacts are considered less than significant.

Findings After the implementation of the mitigation measure recommended above, impacts to air quality and greenhouse gas emissions as a result of the proposed project are considered less than significant.

3.3.3 References

BAAQMD, 2010. Bay Area Air Quality Management District. CEQA Air Quality Guidelines. June 2010. Available online at: http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/BAAQMD %20CEQA%20Guidelines_June%202010.ashx. Accessed on October 5, 2010.

California Air Resources Board, 2009. Area Designations. Available online at: http://www.arb.ca.gov/html/all.htm. Accessed on January 14, 2009.

City of Novato, 2008. City of Novato Municipal Code. Available online at: http://municipalcodes.lexisnexis.com/codes/novato/. Accessed on January 22, 2009.

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3.4 BIOLOGICAL RESOURCES

The information presented below is from the reports Marin Country Club Aquatic Habitat Assessment (Podlech, 2008), Marin Country Club Aquatic Habitat Assessment Addendum (Podlech, 2009), Marin Country Club Biological Resources Assessment (AES, 2009), Marin Country Club Stream Management Plan (AES, 2010a), and Marin Country Club Arborist Report (AES, 2010b).

3.4.1 Setting

The project site falls within the San Francisco Bay Area (SnFrB) geographic subdivision of California. The SnFrB subdivision contains an array of vegetation community types that range from wet redwood forest to dry oak/pine woodland and chaparral. The SnFrB subdivision is part of the larger Central Western (CW) geographic division and the CW division is a component of the even larger California Floristic Province (Hickman, 1993).

Regulatory Federal The United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) implement the Federal Endangered Species Act (FESA) of 1973 (16 USC Section 1531 et seq.). Threatened and endangered species on the federal list (50 CFR Subsection 17.11, 17.12) are protected from “take” (direct or indirect harm), unless a Section 10 Permit is granted to an individual or a Section 7 consultation and a Biological Opinion with incidental take provisions are rendered to a lead federal agency.

Most bird species, (especially those that are breeding, migrating, or of limited distribution) are protected under federal and state regulations. Under the Migratory Bird Treaty Act of 1918 (16 USC Subsection 703-712), migratory bird species and their nests and eggs are protected from injury or death; these species are on the federal list (50 CFR Section 10.13). Project-related disturbances must be reduced or eliminated during the nesting cycle.

The U.S. Army Corps of Engineers (USACE) has primary federal responsibility for administering regulations that concern Waters of the U.S., including wetlands, under Section 404 of the Clean Water Act (CWA). Section 404 regulates the discharge of dredged and fill material into waters of the U.S (waters). The USACE requires that a permit be obtained if a project proposes placing structures within, over, or under navigable waters and/or discharging dredged or fill material into waters below the ordinary high-water mark.

The Code of Federal Regulations Title 33, Section 328.3(a) defines “waters of the U.S” as:

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1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters:  Which are or could be used by interstate or foreign travelers for recreational or other purposes; or  From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or  Which are used or could be used for industrial purpose by industries in interstate commerce; 4. All impoundments of waters otherwise defined as waters of the United States under the definition; 5. Tributaries of waters identified in items 1 through 4 of this section; and 6. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in items 1 through 6 of this section.

In addition, a Section 401 Water Quality Certification Permit was established to comply with CWA Sections 301, 302, 303, 306 and 307 and is regulated by the Regional Water Quality Control Board (RWQCB). Anyone proposing to conduct a project that requires a federal permit or that may result in a discharge to U.S. surface waters and/or other waters of the state, including wetlands (all types), seasonal streams, and lakes must obtain water quality certification to confirm that the permitted action meets state water quality objectives.

State The California Department of Fish and Game (CDFG) implements state regulations pertaining to fish and wildlife and their habitats. The California Endangered Species Act (CESA) of 1970 (CFG Code Section 2050 et seq., and CCR Title 14, Subsection 670.2, 670.51) prohibits the take (interpreted to mean the direct or indirect harm or killing of a species) of species listed under CESA (14 CCR Subsection 670.2, 670.5). A CESA permit must be obtained if a project will result in the take of listed species, either during construction or over the life of the project. Under CESA, CDFG is responsible for maintaining a list of threatened and endangered species designated under state law (CFG Code 2070).

California Fish and Game Code Subsections 3503, 3503.5, and 3800 prohibit the possession, incidental take, or needless destruction of birds, their nests, and eggs. California Fish and Game Code Section 3511 list birds that are “fully protected”: those that may not be taken or

Analytical Environmental Services 3.4-2 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources possessed except under specific permit.

The California Native Plant Society (CNPS) publishes and maintains an Inventory of Rare and Endangered Vascular Plants of California in both hard copy and electronic versions. Plants on Lists 1A, 1B, and 2 of the CNPS Inventory consist of plants that may qualify for listing, and the CDFG recommends they be addressed in CEQA projects (CEQA Guidelines Section 15380). However, a plant need not be in the Inventory to be considered a rare, threatened, or endangered species under CEQA.

The California Environmental Quality Act of 1970 (Subsections 21000-21178) requires that CDFG be consulted during the CEQA review process regarding impacts of proposed projects on rare or endangered species. These “special status” species are defined under CEQA Guidelines subsection 15380(b) and (d) as those listed under FESA and CESA, and species that are not currently protected by statute or regulation, but would be considered rare, threatened, or endangered under these criteria, or by the scientific community.

If a proposed project will result in the alteration or degradation of a stream, river, or lake in California, the CDFG requires notification prior to commencement, and a Lake or Streambed Alteration Agreement (SAA) pursuant to Fish and Game Code Subsection 1601-1603, 5650F, may be required.

Local Several of the goals and policies within the Marin Countywide Plan (Plan) regarding biological resources apply to the proposed project (Marin County, 2007). In particular, several components within the Natural Systems and Agriculture Element may generally pertain to the project including Biological Resources, Water Resources, and Environmental Hazards.

In addition to the Plan, several articles within the Marin County Development Code (County Code) may generally pertain to the proposed project and include such things as the Native Tree Protection and Preservation Ordinance, etc. Likewise, the City of Novato (City) has its own General Plan (Novato General Plan) and several of the goals and policies within it regarding biological resources apply to the proposed project (City of Novato, 2003). The pertinent elements may include Land Use, Environment, and Community Identity.

The City also has a Zoning Ordinance that functions to implement the goals and policies of the Novato General Plan by classifying and regulating the uses of land and structures within the City. The Zoning Ordinance is intended to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. Several articles within the City Zoning Ordinance may generally pertain to the proposed project including Landscaping, Waterway and Riparian Protection, Wetland Protection and Restoration, and

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Woodland and Tree Preservation.

3.4.2 Methodology

Aquatic Resources Mike Podlech, Aquatic Ecologist, conducted a reconnaissance-level assessment of existing aquatic habitat conditions in Arroyo San Jose on the project site on June 2, 2008 (Podlech, 2008). Aquatic habitat conditions at accessible sites (i.e., road crossings) along Arroyo San Jose between the downstream Marin Country Club property boundary and Ignacio Reservoir were also documented (discussed further in Section 3.4.4, Question D below).

Biological Resources Prior to conducting the biological resources field surveys, Analytical Environmental Services (AES) biologists reviewed the following resources:

o Aerial photographs of the project site; o USGS “Novato, CA” CA” 7.5-minute topographic quadrangle; o Soil Survey of Marin County, California (NRCS, 2009); o A USFWS list of federally listed special status species with potential to occur within the “Novato, CA” CA” 7.5-minute topographic quadrangle and Marin County (USFWS, 2009); o A California Natural Diversity Database (CNDDB) list of state and federally listed special status species with potential to occur within the “Novato, CA” 7.5-minute quadrangle and the surrounding eight quadrangles (San Rafael, Bolinas, Sears Point, Petaluma Point, San Quentin, Petaluma River, Petaluma, and San Geronimo) (CDFG, 2003); o A CNDDB map of state and federally listed special status species that have been documented within a five-mile radius of the project site (CDFG, 2003), and o CNPS list of special status plant species with potential to occur within the “Novato, CA” 7.5-minute quadrangle and the surrounding eight quadrangles (CNPS, 2009).

An analysis to determine which of the special status species have the potential to occur within the project site was conducted. The habitat requirements for each regionally occurring special status species were assessed and compared to the type and quality of habitats observed onsite during the field surveys. Several regionally occurring special status species were eliminated due to lack of suitable habitat within the project site, elevation range, lack of suitable soil/substrate, and/or distribution. The analysis was also based on a review of resource agency materials, pertinent scientific literature, aerial photography of the project site, topographic maps of the project site, and other local information. Special status species that were determined not to have the potential to occur within the project site are not discussed in this summary.

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AES biologists conducted the biological assessment and an informal wetland reconnaissance survey of the project area on March 19, 2009. During the surveys, the habitat types onsite were classified and further evaluated for the occurrence of and the overall potential to support special status plant and animal species.

3.4.3 Findings

The project site contains both terrestrial and aquatic habitat types. Two terrestrial habitats were identified onsite, which include golf course and ruderal/developed areas. Two aquatic habitat types were observed onsite and include ponds and an intermittent stream (Arroyo San Jose). A map that illustrates the habitats identified onsite is presented as Figure 3.4-1 and representative photographs of each habitat type are shown in Figure 3.4-2, as well as Figures 2-7 and 2-8 in the Chapter 2.

Golf Course The majority of the project site is composed of golf course habitat. This habitat type is not a natural habitat type and consists predominantly of pristine mowed lawns of various heights. In addition to fairways, greens, and sand traps, the golf course habitat contains roughs. The roughs are peripheral areas near the edges of the project site and in the center along the intermittent stream. Most of the roughs along the project boundaries have bark mulch, landscaping vegetation, and a few naturally occurring trees. The other roughs that occur along the intermittent stream occur at a width of approximately four to six feet from the top of the stream bank. The vegetation along the stream corridor roughs is routinely cut back by the maintenance staff. During the field survey the vegetation within the roughs along the intermittent stream was approximately five to six inches tall. Due to the consistent trimming no riparian corridor exists. A few plant species that would typically occur in riparian habitat were observed, however they had been trimmed. Several large trees occur along the stream including California bay (Umbellularia californica), valley oak (Quercus lobata), coast live oak (Quercus agrifolia), cultivated redwoods (Sequoiadendron giganteum), eucalyptus (Eucalyptus sp.), and weeping willow (Salix babylonica).

Ruderal/Developed The areas classified as ruderal/developed habitat within the project site include all existing buildings and structures, any associated landscaped areas, sidewalks and golf pathways, roads and parking areas, and otherwise disturbed areas. Naturally occurring trees and shrubs are largely absent within this community, with the exception of a single steep sloped area north of the parking lot that has a few native oak (Quercus sp.) trees. However, most of the areas classified as ruderal/developed habitat are completely devoid of any vegetation or are landscaped. Landscaped regions within the ruderal/developed habitat are dominated by cultivated ornamentals and these areas are meticulously manicured and maintained by the golf

Analytical Environmental Services 3.4-5 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Ig n oyo S e ac Arr an Jos io B lv d.

A ose rroyo San J Reservoir/POD 1

Dr. Club untry Co Reservoir/POD 2 Reservoir/POD 3

Reservoir/POD 4

Reservoir/POD 5 Reservoir/POD 7 Reservoir/POD 6

r. y D rwa Fai LEGEND

Property Boundary

(! Point of Diversion

Intermittent Stream

Proposed Onstream Reservoir

HABITAT TYPE Proposed Place of Use

Golf Course Feet Pond ¢ !NORTH Ruderal/Developed Ð 0350700

Marin Country Club - Water Facility Project / 208528 SOURCE: Wagner & Bonsignore, 2008; GoogleEarth Aerial Photograph, June 2007; AES, 2009 Figure 3.4-1 Habitat Map PHOTO 1: Intermittent drainage facing southwest. PHOTO 2: Intermittent drainage facing southwest.

PHOTO 3: Pond facing east. PHOTO 4: Pond facing west.

PHOTO 5: Ruderal/Developed facing northeast. PHOTO 6: Golf Course facing west.

Marin Country Club - Water Facility Project / 208528 SOURCE: AES, 2009 Figure 3.4-2 Site Photographs Chapter 3 City of Novato Environmental Checklist Biological Resources course grounds staff. As such, very few weeds are present in the ruderal/developed areas.

Intermittent Stream Intermittent streams are linear features that exhibit an ordinary high water mark (OHWM) and have a clearly defined bed, bank, and channel. A single intermittent stream, Arroyo San Jose, was mapped within the project site. This drainage feature appears as a dotted blue-line stream on the “Novato, CA” USGS 7.5-minute quadrangle. Reservoirs 1 through 5 and Reservoir 7 occur along the intermittent stream. The depth, width, and substrate (e.g., silt, sand, gravel, cobble, and boulder) of the intermittent stream varies; several stretches of the intermittent stream are shallow and have silt substrates, while others have deep scoured banks and a cobble-lined bed. The intermittent stream does not have an associated riparian corridor because of the maintenance activities that occur within the golf course habitat. The vegetation along the intermittent stream is trimmed back periodically. However, several large trees occur along the intermittent stream including California bay (Umbellularia californica), valley oak (Quercus lobata), coast live oak (Quercus agrifolia), cultivated redwoods (Sequoiadendron giganteum), eucalyptus (Eucalyptus sp.), and weeping willow (Salix babylonica). All of the trees along the intermittent stream occur within approximately 20 feet of the center of the streambed.

The portion of the intermittent stream that extends between existing Reservoirs 7 and 5 is proposed for conversion to Reservoir 6. Little to no vegetation occurs within the intermittent stream itself due to the scouring effects of flowing water. However, both sides of the intermittent stream are vegetated. This vegetated area occurs from the top of the bank outward and is approximately 15 feet wide. This vegetated region is maintained by the golf course staff periodically, but not as frequently as the immediately adjacent golf course roughs. Grasses and forbs within the vegetated region immediately adjacent to the intermittent stream within the development area ranged from approximately four to 15 inches tall. The vegetation within this area consists of many unidentifiable grasses and forbs; plant species within this area were not readily identifiable because they have been trimmed back by the golf course maintenance staff. Several of the plants that could be identified within this region include pennyroyal (Mentha pulegium), spiny-fruit buttercup (Ranunculus muricatus), speedwell (Veronica arvensis), cut- leaved geranium (Geranium dissectum), Bermuda grass (Cynodon dactylon), and annual bluegrass (Poa annua). Vines and/or shrubs are largely absent and approximately 12 trees occur within the development area.

According to the California Department of Forestry’s (CDF) Stream Classification System, the intermittent stream/Arroyo San Jose is best classified as Class II stream (CFG Code 916.5). Class II streams may or may not have fish present within them, but are located within approximately 1,000 feet of streams that do support fish. In addition, Class II streams provide suitable habitat for non-fish aquatic species and/or aquatic benthic macro-invertebrates. AES staff observed several species of waterfowl along the intermittent stream at various locations

Analytical Environmental Services 3.4-8 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources and mosquitofish (Gambusia affinis) within several of the ponds onsite. The ponds are hydrologically connected to the intermittent drainage. The presence of these fish and the fact that the intermittent stream is a mapped blue-line stream on the “Novato, CA” USGS 7.5-minute topographic quadrangle is the basis of the Class II stream characterization for this aquatic feature. However, the intermittent stream is dry for a portion of the year, which is why this feature has a Class II designation, as opposed to Class I.

Ponds Six ponds were mapped within the project site. Several of the ponds have limited amounts of algae and hydrophytic vegetation (e.g., water milfoil (Myriophyllum sp.), water cress (Rorippa nasturtium-aquaticum), and pennyroyal (Mentha pulegium)) within and around them.

All of the aquatic features (i.e., ponds and intermittent stream) that were mapped within the project site have the potential to be considered jurisdictional waters of the U.S. because these features collectively flow into Novato Creek (via Ignacio Reservoir) which eventually discharges into the San Pablo Bay. Novato Creek is considered a traditionally navigable water of the U.S. As potentially jurisdictional waters of the U.S., the ponds and intermittent stream onsite would be subject to USACE regulation under Section 404 of the CWA and CDFG regulation under Section 1600 – 1616 of the California Fish and Game Code.

Wildlife The golf course, intermittent stream, and pond habitat types identified within the project site support a low abundance of wildlife species. The ruderal/developed habitat type does not typically support wildlife species. The following wildlife species were observed within the project site during the field surveys: mosquito fish, mallard (Anas platyrhynchos), American crow (Corvus brachyrhynchos), red-winged blackbird (Agelaius phoeniceus), red-tailed hawk (Buteo jamaicensis), western scrub jay (Aphelocoma californica), western fence lizard (Sceloporus occidentalis), red eared slider (Trachemys scripta elegans), and northwestern pond turtle (Clemmys marmorata marmorata).

Special Status Species For the purposes of this document, special status is defined as species that are of management concern to state and/or federal resource agencies, and includes those species that are:

o Listed as endangered, threatened, or candidate for listing under the FESA; o Listed as endangered, threatened, rare, or proposed for listing, under the CESA; o Designated as endangered or rare, pursuant to California Fish and Game Code (Section 1901); o Designated as fully protected, pursuant to California Fish and Game Code (Section 3511, Section 4700, or Section 5050);

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o Designated as species of special concern by CDFG; and o Plants or animals that meet the definitions of rare, threatened, or endangered under CEQA, including plants listed by CNPS to be “rare, threatened, or endangered in California” (Lists 1A, 1B, and 2). Local or regional agencies may consider plant species that CNPS believes require additional information (List 3) and plant species that have been placed on a watch list (List 4) by CNPS.

All occurrences of special status species and sensitive habitats from the CNDDB within a five- mile radius of the project site were plotted on a map using geographic information systems (GIS) software. No sensitive habitat types are reported within the project site. The following special status species are reported within the project site: Mount Tamalpais bristly jewel-flower (Streptanthus glandulosus ssp. pulchellus), Mt. Tamalpais manzanita (Arctostaphylos hookeri ssp. montana), Pablo song sparrow (Melospiza melodia samuelis), and seaside tarplant (Hemizonia congesta ssp. congesta).

CNDDB Occurrence Number (No.) 9 of Mount Tamalpais bristly jewel-flower was documented by G.T. Robbins on May 5, 1945. Robbins mapped this species on a dry brushy hillside on a north-facing slope of Big Rock Ridge, approximately two to three miles west of Hamilton Field Air Base (CDFG, 2003). This record is considered historic and it is unlikely that this species currently exists within the project site. This species was probably documented somewhere within the hills between the project site and the outskirts of Marinwood. CNDDB Occurrence No. 24 of Mt. Tamalpais manzanita was documented by D. Smith in 1996. Smith mapped this species along a non-specific roadside in the general vicinity of the “Novato, CA” USGS 7.5- minute quadrangle, somewhere north of Fairfax and east of Woodacre. The information provided in the record is insufficient (CDFG, 2003). CNDDB Occurrence No. 28 of San Pablo song sparrow was documented on October 8, 1928 by the Museum of Vertebrate Zoology, University of California Berkeley. The only location information provided in the record is that this species occurred in Ignacio and the record is considered historic (CDFG, 2003). CNDDB Occurrence No. 5 of seaside tarplant was documented initially by J. McMurphy on June 8, 1910, then by H. Hall on July 22, 1916, and finally by G.T. Robbins and J. Howell Robbins on May 9, 1945. This species was observed in a low, moist, and grassy meadow near Ignacio (CDFG, 2003). The record is considered historic.

An analysis was conducted to determine which of the regionally occurring special status species has the potential to occur within the project site. AES staff determined that the proposed project may affect and/or that the project site contains suitable habitat for one special status reptile and one special status bird. The name, regulatory status, distribution, habitat requirements, and period of identification for these species are identified in Table 3.4-1. More detailed descriptions of the two special status species with potential to occur within the project site are provided below.

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TABLE 3.4-1: POTENTIALLY OCCURRING SPECIAL STATUS SPECIES SCIENTIFIC NAME FEDERAL/ DISTRIBUTION HABITAT REQUIREMENTS PERIOD OF COMMON NAME STATE/ CNPS- IDENTIFICATION OTHER STATUS Reptiles Actinemys --/CSC/-- In California, primarily north Ponds, marshes, rivers, streams, and February - marmorata of the San Francisco Bay irrigation ditches with aquatic November marmorata area and west of the Sierra vegetation. Requires basking sites northwestern pond Nevada Range. and suitable upland habitat for egg turtle laying. Nest sites most often characterized as having gentle slopes (<15 percent) with little vegetation or sandy banks. Elevations range from zero to approximately 1,525 meters . Birds Elanus leucurus --/--/FP Permanent resident of Habitats include savannah, open All Year white-tailed kite coastal and Valley woodland, marshes and swamps, lowlands. partially cleared lands and cultivated fields, mostly in lowland habitats. Nesting occurs in trees

STATUS CODES

STATE: California Department of Fish and Game CSC California Species of Special Concern FP California Fully Protected Species

Months in parenthesis are uncommon. Source: CDFG, 2003

Northwestern Pond Turtle (Actinemys marmorata marmorata) Federal Status – None State Status – Species of Special Concern Other – None

The northwestern pond turtle (NWPT) occurs in a variety of aquatic habitats including ponds, marshes, rivers, streams, and artificially created aquatic features (e.g., irrigation canals and reservoirs) that support riparian vegetation. Ideal habitats for this species include rocks, logs, mudflats, or other types of smooth substrates for basking and some type of accessible upland habitat for egg laying. NWPT is typically active from February through November and hibernates in the mud during the coldest parts of the winter. The range of this species includes all of northern California west of the Cascade/Sierra Nevada crest with an intergraded region associated with the greater San Francisco Bay area down to Morrow Bay. The nearest documented occurrence of this species is located approximately 4.5 miles north of the project site (CDFG, 2003).

All the ponds and the reaches of intermittent stream within the project site are suitable habitat for this species. NWPT may also utilize upland areas immediately adjacent to the aquatic features onsite for egg-laying and nesting. NWPT was observed within several of the ponds onsite. Several individuals were observed. Red-eared slider turtles (REST, Trachemys scripta

Analytical Environmental Services 3.4-11 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources elegans) were also observed within the ponds onsite and this species outnumbered the NWPT individuals observed. No juvenile NWPT were observed within the project site, although a single juvenile REST was encountered during the field surveys. REST are considered an exotic and invasive species and they are not native to the western states. This species typically becomes established outside of its native range because they are initially kept as pets and then released into the wild when they become too large. Once released into the wild, REST quickly become established and outcompete NWPT for food, basking, and nesting sites. REST is aggressive and somewhat territorial, which is problematic for NWPT occupying the same habitat.

White-tailed Kite (Elanus leucurus) Federal Status – None State Status – Fully Protected Other – None

White-tailed kite is a yearlong resident throughout most of California. This species forages in open grasslands, meadows, agricultural fields, and emergent wetlands. White-tailed kite nests in a variety of forested habitats and often selects oaks, cottonwood, or eucalyptus trees to build their nests in trees. This species nests from February through August and females incubate their eggs for an average of 30 days. White-tailed kites can have up to two broods per year and their young usually fledge within 40 days of hatching. The nearest documented occurrences of this species are located approximately 1.5 miles north of the project site (CDFG, 2003). The various trees observed within the project site are considered suitable nesting habitat for white- tailed kite and other raptors. However no nests were observed within the project site during the field survey. White-tailed kite and other raptors may forage throughout all the habitats onsite. This species was not observed within the project site during the field surveys. No raptor nests were observed onsite.

Tree Removal and the Stream Protection Zone An AES certified arborist and an AES biologist conducted a site visit and arborist survey on July 14, 2010 to identify trees and other biological resources within the footprint of proposed Reservoir 6 and the Stream Protection Zone in the vicinity of the pond. According to the City’s Zoning Ordinance Section 19.35.020, the Stream Protection Zone includes the stream bed, the stream banks, all riparian vegetation and upland buffer zone at least 50 feet wide, measured from the top of the channel bank. During the survey, all trees within the project footprint and within the 50-foot Stream Protection Zone in the vicinity of the pond footprint were tagged and their conditions were assessed (AES, 2010b). It was determined that development of the proposed project would require the removal of 12 trees. Tree removal will be covered by the City of Novato use permit for the project. The City considers all native tree species above six inches diameter at breast height (DBH) protected under the Novato General Plan. In addition to

Analytical Environmental Services 3.4-12 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources this regulation, the City considers any tree greater than 24 inches DBH to be a heritage tree, regardless of the species. Nine of the trees proposed for removal from the development area meet the heritage tree requirement (AES, 2010b).

3.4.4 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special "  " " status species in local or regional plans, policies, or regulations, or by the DFG or USFWS? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, "  " " regulations or by the DFG or USFWS? c) Have a substantial adverse effect on federally- protected wetlands as defined by Section 404 of the federal Clean Water Act (including, but not "  " " limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any "  " " native resident or migratory fish or wildlife species or with established native resident or migratory corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances "  " " protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat " " "  Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

Question A The proposed project has the potential to impact one special status reptile (NWPT), one special status bird (white-tailed kite), and nesting migratory bird species. This is a potentially significant impact.

Mitigation Measure 3.4-1 To avoid impacts to the northwestern pond turtle (NWPT), the Applicant shall hire a suitable wildlife management professional to remove all red-eared slider turtles (REST) from all of the aquatic habitats within the project site. In addition to the REST removal efforts, the Applicant shall print an educational/public awareness brochure about the invasive and exotic nature of

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REST. These brochures will be displayed at several locations (e.g., clubhouse) onsite.

Construction shall commence as early as possible during the dry season (approximately July 15 through October 1) to avoid nesting NWPT.

Prior to the onset of construction activities and no more than five days before the start of construction, a qualified biologist shall conduct a focused survey for NWPT, its nests, and/or its eggs within all areas that are within 50 feet of the construction area. The qualified biologist shall probe any mud within the survey area to ensure submerged turtles are detected if present. If no NWPT, eggs, or nests are observed, then construction activities may begin. If NWPT is observed within the survey area, the qualified biologist shall capture the turtles and transport them to an area of equally suitable habitat within the project site. If eggs and/or nests are observed within the survey area, construction shall be delayed until all eggs have hatched and the qualified biologist determines that the nests are no longer occupied.

Prior to the onset of construction activities the qualified biologist shall facilitate the installation of high visibility exclusionary fencing at either end of the proposed construction area in order to prevent NWPT from entering the construction site.

The qualified biologist shall conduct a construction worker awareness training prior to the start of work to educate the construction workers about NWPT and working in areas that are occupied by special status species. The biologist will also teach the construction workers how to identify NWPT should they encounter them during construction activities. A qualified biologist shall be present onsite during all construction activities to act as a construction monitor.

The Applicant shall install at least three to five large rocks and/or logs for basking into each of the ponds onsite (including the newly constructed pond) to enhance the aquatic habitat for NWPT. In addition, the Applicant shall continue to allow some emergent vegetation to grow along the banks of the ponds up to the fairway’s edge, as illustrated in the photographs in Appendix G of the Biological Resources Assessment (AES, 2009). Vegetation management shall be conducted consistent with current practices; continued mechanical grooming (e.g. with a lawn mower) up to the fairway edge adjacent to the ponds is permitted, while any vegetation management activities along the pond banks shall be conducted by hand or with a hand-held tool (e.g. weed wacker).

No pesticides and/or fertilizers shall be used along the pond banks, unless they are registered and appropriate for use in waters. Continued operation and maintenance activities within the fairways are permitted.

The project shall implement the February median Flow (FMF) bypass at POD 1 in order to

Analytical Environmental Services 3.4-14 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources adequately protect all aquatic resources and reaches downstream from POD 1 (discussed further in Question D). The recommended FMF was calculated in the Water Availability Analysis (WAA) to be 2.62 cubic feet per second (cfs) (Wagner & Bonsignore, 2009).

Mitigation Measure 3.4-2 To avoid impacts to white-tailed kite and nesting migratory bird species, a qualified biologist shall conduct a pre-construction survey for the purpose of identifying nesting bird species prior to tree removal, if tree removal activities are to occur between February 1 and September 30. The pre-construction survey will include all potential nesting habitat within 500 feet of proposed tree removal activities. The survey shall be conducted no more than 14 days prior to the beginning of tree removal activities. If an active raptor or migratory bird nest is found during the pre-construction survey, the Applicant shall notify the California Department of Fish and Game. If an active raptor nest is found during the pre-construction survey, a 500-foot no-disturbance buffer shall be established and maintained around the nest until all young have fledged. If an active nest of any other migratory or non-migratory bird is found, a 250-foot buffer shall be established around the nest until all young have fledged.

After the incorporation of Mitigation Measures 3.4-1 and 3.4-2 potential impacts are considered less than significant.

Questions B and C The proposed reservoir construction would disturb approximately 1.5 acres of ground and remove approximately 500 linear feet of Arroyo San Jose, which is considered a potentially jurisdictional water of the U.S. This is considered a significant impact. A Stream Management Plan (AES, 2010a) was prepared for the project to ensure that the development of Reservoir 6 does not degrade the ecological integrity, resource functions or value of the Arroyo San Jose. The Stream Management Plan follows guidelines detailed in the City of Novato’s Zoning Ordinance, Division 19.35 – Waterways and Riparian Protection (City of Novato, 2007), and is discussed in Mitigation Measure 3.4-3 below.

Mitigation Measure 3.4-3 No work shall commence until a use permit is issued from the City of Novato for riparian zone impacts and until a signed copy of a Streambed Alteration Agreement between CDFG and the Applicant is filed with the City. Compliance with the terms and conditions of the agreement is the responsibility of the Applicant. If a Streambed Alteration Agreement is not necessary for this project, the Applicant shall provide the City of Novato a copy of a waiver signed by CDFG.

A copy of a formal wetland delineation map verified by the USACE shall be submitted to the City of Novato and CDFG within 30 days of verification by USACE. No work shall commence and no discharge of any dredged or fill material within waters of the U.S. shall occur until the

Analytical Environmental Services 3.4-15 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources appropriate Department of the Army permit is obtained from USACE. Stream and wetland impacts shall be mitigated by preservation and enhancement of existing streams and wetlands at a minimum ratio of 1:1 acres created versus impacted and 2:1 acres restored versus impacted; mitigation is contingent on final approval from the USACE and would occur onsite adjacent to the area of impact, to the extent feasible. Copies of all permits issued by USACE shall be submitted to the City of Novato within 180 days of issuance.

Mitigation, maintenance and monitoring within the Stream Protection Zone shall be conducted consistent the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated July 2010 and prepared by Analytical Environmental Services, which includes tree replacement measures, a NWPT habitat enhancement program (discussed in Mitigation Measure 3.4-1), an invasive species removal program, and a pesticide limitation program. The Plan includes a 10-year monitoring requirement. Data collected during the monitoring visits shall be summarized in an annual monitoring report and the annual report shall be submitted to the City. The Plan will be considered successful when at the end of the 10-year monitoring period the trees have achieved an overall 80 percent success rate. If survival of the plantings is determined to be below 80 percent after any of the monitoring events, additional trees shall be planted in order to maintain an 80 percent success rate.

After the incorporation of Mitigation Measure 3.4-3, as well as Mitigation Measures 3.6-1 and 3.8-1, impacts are considered less than significant.

Question D In June 2008 Aquatic Ecologist Mike Podlech conducted an assessment of aquatic habitat conditions on the project site and downstream to the Ignacio Reservoir at accessible sites. Arroyo San Jose enters the project site about 2,500 feet upstream of Reservoir 7. The stream in this area is about three feet wide, contains no riparian vegetation, and the bed is a mix of sand, gravel and cobble (Podlech, 2008).

Downstream of the project site, Arroyo San Jose drains into Ignacio Reservoir, which discharges to Novato Creek through a leveed channel with a flap gate at the outlet located at the Bel Marin Keys Boulevard bridge. Arroyo San Jose contained stagnant water upstream of the Alameda de la Loma crossing at the time of the aquatic assessment. The riparian corridor consisted primarily of oaks and the channel substrate contained mostly fines with some gravel areas. A portion of the downstream reach below the crossing is concrete-lined. Observed streamflows were estimated at approximately 0.2 cubic feet per second (cfs) (Ibid.).

Ignacio Creek enters Arroyo San Jose about 1,350 feet downstream of the Alameda de la Loma crossing. Upstream of the Ignacio Boulevard crossing, Arroyo San Jose flows through about a 25 foot wide channel that was observed to contain more water and riparian vegetation than the

Analytical Environmental Services 3.4-16 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Biological Resources upstream reaches (Podlech, 2008). A fish passage assessment conducted in 2002-2003 concluded that this crossing, “fails to meet passage criteria for all species of adult salmonids and all age classes of juveniles” (Ross Taylor and Associates, 2003). Further downstream at the Bel Marin Keys Boulevard crossing, the channel was also identified as impassable to all species of adult salmonids and all age classes of juveniles because the outlet is located more than five feet high and spills onto riprap (Ross Taylor and Associates, 2003). Approximately a half mile downstream of the Bel Marin Keys Boulevard crossing, Arroyo San Jose flows into Ignacio Reservoir (Podlech, 2008).

Central California coast steelhead (Oncorhynchus mykiss) are known to occur in Novato Creek. Low flows and high summer water temperatures in Arroyo San Jose limit the likelihood of steelhead rearing downstream of the project site, though steelhead have been observed downstream in the past. Critical habitat for central California coast steelhead has not been designated within the Arroyo San Jose watershed (Ibid.).

Central Valley fall/late fall-run Chinook salmon (Oncorhynchus tshawytscha) are known to occur within tributaries to the San Francisco Bay Estuary. This Evolutionarily Significant Unit (ESU) is considered a species of concern by NMFS. A single reference to the occurrence of Chinook salmon within Arroyo San Jose at Ignacio Blvd has been reported. It is believed that most Chinook salmon in tributaries to San Francisco Bay are of hatchery origin, although the possibility remains that some are wild (Leidy, 2007). Chinook salmon spawning within Arroyo San Jose is assumed to be limited to the lower reaches where channel characteristics are more typical of the broad, slow river habitat typically preferred by this species. Critical habitat for Central Valley fall/late fall-run Chinook salmon has not been designated within Arroyo San Jose or elsewhere (Podlech, 2009).

The seasonal hydrology of the upper Arroyo San Jose watershed prevents it from providing year-round fisheries rearing habitat upstream of the project site. It is believed that without the onstream reservoirs onsite, most or all of Arroyo San Jose within the golf course would be dry in the summer (CDFG, 2005). In addition, several barriers to migration are present within the project site and downstream of the project site. For these reasons, the construction of Reservoir 6 would not interfere with the migration of any fish species. Mitigation to avoid impact to northwestern pond turtle during project construction is discussed in Question A above.

As described in Question G of the Hydrology and Water Quality section, a WAA was prepared and Cumulative Flow Impairment Index (CFII) values were calculated for nine Points of Interest (POIs) (described in Table 3.8-1). In general, NMFS has indicated that for steelhead-only streams additional hydrologic analyses are required only if the CFII value exceeds ten percent (Hearn, 2006). A CFII value greater than five percent may pose significant impacts to Chinook salmon and coho salmon migration and spawning.

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CFII values estimated for POIs 2 through 9 are each less than five percent, indicating that no appreciable diminishment of unimpaired flows would occur and there would be little chance of significant cumulative impacts due to the diversion in these downstream reaches. The CFII value at POI 1/Point of Diversion (POD) 1 is 5.7 percent, suggesting that cumulative impacts could occur in the reach of Arroyo San Jose between Reservoir 1 and the confluence of Ignacio Creek. However, since aquatic habitat conditions in that reach are degraded, there are migration barriers downstream of Ignacio Creek, there are no listed Chinook salmon or coho salmon in the area, and the low CFII value (0.7 percent in excess of the five percent threshold), potential cumulative impacts to fisheries resources between Reservoir 1 and the Ignacio Creek confluence are considered less than significant.

Mitigation Measure 3.4.4 would protect aquatic resources and reaches downstream of POD 1.

Mitigation Measure 3.4-4 Under all bases of right, the Applicant shall bypass a minimum of 2.62 cubic feet per second (cfs) at Point of Diversion 1 during the period from October 1 through June 30. Under all bases of right, the Applicant shall bypass the total streamflow from July 1 through September 30. The total streamflow shall be bypassed whenever it is less than 2.62 cfs.

After the incorporation of Mitigation Measure 3.4-4 potential impacts are considered less than significant.

Question E Development of the proposed project would require the removal of 12 trees, nine of which meet the City’s heritage tree requirement (AES, 2010b). This is considered a significant impact.

Mitigation Measure 3.4-5 Consistent the report titled “Arborist Report, Marin Country Club Water Facility Project” dated September 2010 and prepared by Analytical Environmental Services, native and heritage trees impacted as a result of the project shall be mitigated for at a ratio of 3:1 (trees replanted to trees removed). This will result in no less than 36 replacement trees. One hundred percent of the impacted trees shall be replaced onsite. Tree replacement shall include the same native species as those removed. The replacement trees shall be monitored annually for a period of 10 years as part of the Stream Management Plan discussed in Mitigation Measure 3.4-3. A success rate of 80 percent shall be maintained for the replacement trees. If survival of the trees is determined to be below 80 percent after any of the monitoring events, additional trees shall be planted in order to maintain an 80 percent success rate of at least 29 trees. Maintenance and monitoring shall be conducted consistent with the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated July 2010 and prepared by Analytical Environmental Services for the project.

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Disturbance of the soil within the protected zone of the trees (or the radius from the trunk of the tree to the point on the canopy farthest from the trunk plus one foot) within the vicinity of construction-related activities shall be minimized to the extent feasible to the area and shortest amount of time necessary for construction of the pond. A minimum of four inches of mulch should be laid within the driplines of any trees to be preserved if construction equipment is to be stationed or operated within these driplines during construction activities. In the immediate vicinity of tree removal and construction activities, pennant streamers/runway flagging shall surround the portion of the stream zone not scheduled to be disturbed. No encroachment into the flagged-off areas shall be permitted and flagging shall remain in place until all construction activities have ceased. If it is necessary to sever tree roots outside of the flagged area, they should be severed cleanly and kept moist. If roots are severed during the dry season, an irrigation plan shall be developed and implemented for the duration of the dry season to reduce the impacts to the tree. The roots shall be covered with protective material such as burlap, mulch, or plywood until they are covered with soil. The area around the roots shall be backfilled as soon as possible and the area kept moist for the duration of the construction activities.

After the incorporation of Mitigation Measure 3.4-5 impacts are considered less than significant.

Question F The Proposed Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. No impact would occur.

Findings After the implementation of the mitigation measures recommended above, impacts to biological resources as a result of the proposed project are considered less than significant.

3.4.5 References

AES, 2009. Marin Country Club Biological Resources Assessment. Prepared by Analytical Environmental Services. May 2009.

AES, 2010a. Marin Country Club Stream Management Plan. Prepared by Analytical Environmental Services. July 2010.

AES, 2010b. Marin Country Club Arborist Report. Prepared by Analytical Environmental Services. September 2010.

City of Novato, 2007. Novato Municipal Code – Chapter 19, Zoning Ordinance, Division 19.35 – Waterway and Riparian Protection. October 2007.

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CDFG, 2003. California Natural Diversity Database: RareFind 3, Version 3.0.5. Available online at: http://www.dfg.ca.gov/biogeodata/cnddb/rarefind.asp. Accessed on November 24, 2008.

CDFG, 2005. 1602 Lake and Streambed Alteration Agreement, issued to Marin Country Club, May 20, 2005.

CNPS, 2009. Inventory of Rare and Endangered Plants. Sacramento, California. Available online at: http://cnps.web.aplus.net/cgi- bin/inv/inventory.cgi/Html?item=checkbox_9.htm#q9. Last copyrighted 2008. Accessed on March 30, 2009.

City of Novato, 2003. City of Novato General Plan. Available online at: http://www.ci.novato.ca.us/Index.aspx?page=949. Accessed on April 17, 2009.

Hearn, 2006. National Marine Fisheries Service, Email communication with Eric Oppenheimer, State Water Resources Control Board. January 13, 2006.

Hickman, James C., (ed.), 1993. The Jepson Manual: Higher Plants of California. University of California Press. Berkeley, California.

Leidy, 2007. Ecology, Assemblage Structure, Distribution, and Status of Fishes in Streams Tributary to the San Francisco Estuary, California. SFEI Contribution #530. San Francisco Estuary Institute, Oakland, CA.

Marin County, 2007. Marin Countywide Plan. Available online at: http://www.co.marin.ca.us/depts/CD/main/comdev/ADVANCE/CWP/INDEX.CFM. Accessed on April 17, 2009.

NRCS, 2009. Soil Survey of Marin County, California. Available online at: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed on March 18, 2009.

Podlech, 2008. Marin Country Club Aquatic Assessment. Prepared by Mike Podlech, Aquatic Ecologist. August 29, 2008.

Podlech, 2009. Marin Country Club Aquatic Assessment - Addendum. Prepared by Mike Podlech, Aquatic Ecologist. May 1, 2009.

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Ross Taylor and Associates, 2003. Marin County Stream Crossing Inventory and Fish Passage Evaluation - Final Report. Prepared for County of Marin, Department of Public Works. July 2003.

USFWS, 2009. Sacramento Fish and Wildlife Office, Endangered Species Program. Available online at: http://www.fws.gov/sacramento/es/spp_lists/auto_list.cfm. Accessed on March 30, 2009.

Wagner & Bonsignore, 2009. Water Availability Analysis for Water Right Applications 31655 and 31656. Prepared by Wagner & Bonsignore Consulting Civil Engineers. February 3, 2009.

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3.5 CULTURAL RESOURCES

The summary cultural resources information presented below is from the report Marin Country Club Cultural Resources Study (AES, 2009).

3.5.1 Setting

Prehistory Archaeological evidence indicates that the San Francisco/San Pablo Bay region has been inhabited since the terminal Pleistocene and is considered a distinctive cultural center with influences extending beyond the Central Valley and Coast Ranges (Moratto, 1984).

Early San Francisco Bay Area archaeological field studies were conducted mostly on the east, south, and north Bay shores and focused on archaeological sites bordering Suisun, San Pablo, and San Francisco bays (Moratto, 1984). Nearly all identified prehistoric archaeological sites in the San Francisco Bay shore zone have been characterized by shellmounds. These mounds have provided archaeologists with data on Bay Area prehistoric human land use patterns and subsistence practices (Banks and Orlins, 1981:3.5). Archaeological excavations of the shellmounds have provided evidence of long-term occupation and year-round use of Bay resources. The wide, gradual slope of the eastern Bay shore is where shellmounds have remained visible and stirred interest since the early days of Euro-American settlement in the region.

Archaeological surveys conducted on lands within the vicinity of the project area have identified numerous prehistoric sites ranging from temporary camps to larger permanent village sites. These larger sites consist of darkened midden soils containing deposits of ash, heat-affected rock, marine shell, flaked and groundstone artifacts, and/or obsidian, basalt, and chert tool- manufacturing debris. Prehistoric Native American sites in this area are generally found on midslope terraces, alluvial terraces, near changes in ecotones, and near sources of water, including springs, marshes, vernal pools, and perennial and intermittent watercourses.

Ethnography Ethnographic literature indicates that at the time of historic contact, the project area was within the territory of the Coast Miwok-speaking people. The Coast Miwok are differentiated from other ethnographic groups based on the language they spoke. Linguists consider the Coast Miwok language to be of the Penutian Linguistic Stock, which is believed to have entered the lower Sacramento Valley about 4,500 years ago. This language stock is further divided into language families and the family to which Coast Miwok belongs is the Utian language family. Linguistic evidence suggests that Utian speakers spread to occupy the marshlands surrounding San Francisco Bay between 4,000 and 2,500 years ago, displacing older groups in the area

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(Moratto 1984:552). Moratto (1984:557) notes that the early Utian settlement pattern matches the distribution of historic marshlands with most Utian villages located at marsh margins prior to 2,200 B.P.

The environs of the Novato area and the foothills west of the project area were intensively used by the Coast Miwok; and several ethnographic villages and campsites are located in the general vicinity of the project area (Barrett, 1908:181; Kelly 1978:415). Drawing from Franciscan mission registers and other historical documents, Milliken (1995: Appendix 1) compiled an encyclopedia of San Francisco Bay tribal groups and their geographic distribution. Milliken attributes the area “along the marshland borders on the north side of San Pablo Bay at the mouth of the Petaluma River, Sonoma Creek, and Tolay Creek” to the Alaguali tribe of the Coast Miwok (Milliken, 1995:234). The Coast Miwok peoples organized themselves into small groups that anthropologists call tribelets or village communities; the social and political organization of these individual groups showed considerable variation (Kelly, 1978:419).

The Coast Miwok economy was based on a seasonal round of fishing, hunting, and the collection of a variety of plants for food, tools, structures and trade (Barrett, 1908; Kroeber, 1953; Powers, 1877). Clamshell disk beads were used as money and traded for raw material such as obsidian from neighboring groups such as the Wappo and Pomo. The Coast Miwok were also known for their expertise in basket making (Kroeber, 1953). The types of houses used by the Coast Miwok varied depending on the climate and vegetation of each district. During the winter, in the region encompassing the project area, the Coast Miwok erected a framework of poles, bent together at the top and thatched with bundles of grass. These were attached to horizontal poles on the frame and each course clamped down by another horizontal stick. The shape of the structure was sometimes circular, perhaps more often rectangular, or like the letter L (Kroeber, 1976:241). During the summer, simpler temporary brush shelters were used instead. In addition, the Coast Miwok built sweat and dance houses. Both shared identical building plans, varying only in size, use, and name. Recreated examples of these structures can be seen at the Park Headquarters of Point Reyes National Seashore.

Typical weapons used in hunting were the bow and arrow for larger game, the heavy spear, club for bear, and spears for sea lions and seals. Smaller animals were captured by bola, low brush fences, nets, snares and basketry traps. Lake, stream and ocean fish were caught in traps, with lines or weirs. The traditional mortar and pestle were used for processing of acorn, Buckeye nuts and other seeds, grasses and roots (Powers, 1877). The stone mortars were natural shapes and were used with bottomless basketry hoppers. Knives were made from obsidian or chert and could be attached to handles and used as axes. Bone was not used often and was most notably used for awls and fishhooks (Kelly, 1978:415-417).

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History With the Treaty of Guadalupe Hidalgo, Marin County, along with the rest of California, became part of the United States on February 2, 1848. Marin County, one of the original 27 counties, was named after a Coast Miwok Indian chief, and San Rafael has always been the county seat. The project area lies within Rancho San Jose (Pacheco) which was a temporary grant made to Ignacio Pacheco in 1838 and, later, granted in fee in 1840 by Governor Alvarado (Hoover et al, 1990:182). Upon this grant and the neighboring Rancho Novato sprang the town of Novato.

Novato was first established in 1839 when Alvarado granted Rancho de Novato, consisting of some 8,876 acres, to Fernando Feliz, who acted as an empresario in settling the land. Subsequently four additional land grants were made in the Marin County area; Rancho San Jose to Ignacio Pacheco in 1840, Corte Madera de Novato to John Martin, a Scotsman, in 1840, Rancho Olompali awarded in 1843 to a native Coast Miwok, Camilo Ynita, son of a Coast Miwok chief, and Rancho Nicasio, awarded to Don Pablo de la Guerra and John Cooper in 1844. Early pioneers in the Novato area included Joseph Sweetser and Francis De Long who bought 15,000 acres in the mid-1850's and planted orchards and vineyards that produced high quality crops that were shipped throughout the greater Bay Area (Hoover et al., 1990:182). The post office was established in 1856 (Gudde, 1998:264) and the first school was built in 1859 at the corner of Grant Avenue and Redwood Boulevard. The original town was located around Novato Creek at what is now South Novato Boulevard approximately 1.5 miles northeast of the project area. A railroad was built in 1879, connecting Novato to Sonoma County and San Rafael and a subdivision made in 1888 of the Black Point Ranch which marked the beginning of the city. The area around the train depot became known as New Town, and forms the edge of what today is Old Town Novato.

Regulations The California Environmental Quality Act (CEQA) requires that, for projects financed by, or requiring the discretionary approval of public agencies in California, the effects that a project has on historical and unique archaeological resources must be considered (Public Resources Code [PRC] Section 21083.2). Historical resources are defined as buildings, sites, structures, or objects, each of which may have historical, architectural, archaeological, cultural, or scientific importance (PRC Section 50201). The CEQA Guidelines (Section 15064.5) define three cases in which a property may qualify as a historical resource for the purpose of CEQA review:

A. The resource is listed in or determined eligible for listing in the California Register of Historical Resources (CRHR). Section 5024.1 defines eligibility requirements and states that a resource may be eligible for inclusion in the CRHR if it: 1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; 2. Is associated with the lives of persons important in our past;

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3. Embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of an important creative individual, or possesses high artistic values; or 4. Has yielded, or may be likely to yield, information important in prehistory or history.

Resources must retain integrity to be eligible for listing on the CRHR. Resources that are listed in or eligible for listing in the NRHP are considered eligible for listing in the CRHR, and thus are significant historical resources for the purpose of CEQA (PRC section 5024.1(d)(1)).

B. The resource is included in a local register of historic resources, as defined in section 5020.1(k) of the PRC, or is identified as significant in a historical resources survey that meets the requirements of section 5024.1(g) of the PRC (unless the preponderance of evidence demonstrates that the resource is not historically or culturally significant). C. The lead agency determines that the resource may be a historical resource as defined in PRC section 5020.1(j), 5024.1, or significant as supported by substantial evidence in light of the whole record.

PRC Section 21083.2 governs the treatment of unique archaeological resources, defined as “an archaeological artifact, object, or site about which it can be clearly demonstrated” as meeting any of the following criteria:

1. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information. 2. Has a special and particular quality such as being the oldest of its type or the best example of its type. 3. Is directly associated with a scientifically recognized important prehistoric or historic event or person.

3.5.2 Methodology

Records and Literature Search Prior to the field survey, a records search (NWIC File No. 08-0855) was conducted at the Northwest Information Center (NWIC) of the California Historical Resources Information System on January 21, 2009. The NWIC, an affiliate of the State of California Office of Historic Preservation, is the official state repository of archaeological and historic records and reports for a 16-county area that includes Marin County, and is housed at Sonoma State University in Rohnert Park, California. Additional research was conducted using the files and literature maintained by AES.

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The records search and literature review for this study was done to: (1) determine whether known cultural resources had been recorded within or adjacent to the project area and to determine if the parcel was subject to surveys in the past; (2) assess the likelihood of unrecorded cultural resources based on archaeological, ethnographic, and historical documents and literature; and (3) to review the distribution of nearby archaeological sites in relation to their environmental setting.

The records search found that no prehistoric or historic cultural resources have been recorded within the project area and that two previous archaeological surveys have been conducted within a small portion of the area of potential effects (APE) (Pulcheon, 2002; Holman, 2004). The consulting firm LSA (Pulcheon, 2002) conducted a study of the Marin Country Club Renovation Project that included the clubhouse grounds, parking lot, and tennis courts. A second survey was conducted in the north-central portion of the property as part of a vegetation/ fuels management project (Holman, 2004). Neither of these studies identified any prehistoric or historic-period cultural resources within the current project APE.

Although no cultural resources have been recorded within the project’s APE, several prehistoric archaeological sites have been recorded within ½-mile radius of the project site. CA-MRN-164, MRN-165, and MRN-166, all of which are Nelson shell mound sites, have been recorded just east of the Marin Country Club property. These have been described as shell mounds containing midden deposits, habitation debris, lithic tools, and human burials (Nelson, 1907a; 1907b; 1907c). Updated records of these sites indicate that they have been largely destroyed by housing development (Pilling, 1955; Riddell, 1955, Navy, 1995). One unrecorded site (C- 115) was identified by Thomas Jackson of ACRS 1975 south of the golf course. This site is described as midden at least one meter in depth. This site was noted but never formally recorded.

Native American Consultation On January 20, 2009, the State of California Native American Heritage Commission (NAHC) was asked to review the Sacred Lands file for information on Native American cultural resources on the project site. On January 23, 2009, the NAHC responded indicating that they have no knowledge of Native American resources within the project site. However, they did provide a list of individuals and groups to further consult with. Consultation letters to these individuals and groups were sent on September 26, 2009.

Field Survey AES archaeologist Damon Haydu, RPA, conducted a cultural resources field survey of the APE on January 21 and 22, 2008. The study included an intensive pedestrian survey in 10-to-15- meter-wide transects within the APE. Included in the survey were the PODs, POU, six existing reservoir peripheries, and the proposed reservoir location. Surface visibility varied between little

Analytical Environmental Services 3.5-5 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Cultural Resources or no visible ground surface due to dense golf course greens (developed areas), to complete surface visibility in areas of bare soil (reservoir peripheries, creek banks). The ground surface was examined for archaeological remains. In addition, rodent burrow backdirt piles, creek cutbanks, and various knolls surrounding the golf course were examined for indicators of buried archaeological deposits.

3.5.3 Findings

No potentially significant cultural resources were identified as a result of the literature review, records search, Native American consultation, and an intensive survey for the presence of cultural resources with the Marin Country Club APE.

3.5.4 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Cause a substantial adverse change in the "  " " significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the "  " " significance of an archaeological resource as defined in §15064.5? c) Directly or indirectly destroy a unique " " " " paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those "  " " interred outside of formal cemeteries?

Questions A-D There are no known Native American cultural sites, historic-period archeological deposits, or paleontological resources within the Marin Country Club. There is the possibility, however remote, that subsurface archaeological deposits may exist in the Marin Country Club project site, as archaeological sites may be buried with no surface manifestation. In addition, there is a remote possibility that an unanticipated discovery of human remains could occur during construction. These are potentially significant impacts.

Mitigation Measure 3.5-1 Should any buried archeological materials be uncovered during project activities, such activities shall cease within 100 feet of the find. Prehistoric archeological indicators include: obsidian and chert flakes and chipped stone tools; bedrock outcrops and boulders with mortar cups; ground stone implements (grinding slabs, mortars and pestles) and locally darkened midden soils

Analytical Environmental Services 3.5-6 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Cultural Resources containing some of the previously listed items plus fragments of bone and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic and metal objects; milled and split lumber; and structure and feature remains such as building foundations, privy pits, wells and dumps; and old trails. The Lead Agency shall be notified of the discovery and a professional archeologist shall be retained to evaluate the find and recommend appropriate treatment measures. Project-related activities shall not resume within 100 feet of the find until all approved mitigation measures have been completed.

Section 7050.5 of the California Health and Safety Code states that it is a misdemeanor to knowingly disturb a human grave. If human graves are encountered, work should halt in the vicinity and the Marin County Coroner should be notified immediately. At the same time, an archaeologist should be contacted to evaluate the find. If human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification.

With incorporation of Mitigation Measure 3.5-1, potential impacts are considered less than significant.

Findings After the implementation of the mitigation measures recommended above, impacts to cultural resources as a result of the proposed project are considered less than significant.

3.5.5 References

AES, 2009. Marin Country Club Cultural Resources Study. May 2009.

Banks, Peter M. and Robert I. Orlins, 1981. Investigation of Cultural Resources within the Richmond Harbor Redevelopment Project 11-A, Richmond, Contra Costa County, California. Prepared for the City of Richmond. Report on file Northwest Information Center, Sonoma State University, Rohnert Park.

Gudde, Erwin G., 1998. California Place Names: The Origin and Etymology of Current Geographical Names. Fourth edition. University of California Press, Berkeley.

Holman, M.P., 2004. Archaeological Literature Review and Field Inspection of the Indian Valley and Big Rock Ridge Vegetation Fire Fuels Management Projects, Novato, Marin County, California. Report on file at Northwest Information Center, Rohnert Park, California.

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Hoover, M.B., H.E. Rensch, E.G. Rensch, and W.N. Abeloe, 1990. Historic Spots in California. Fourth edition, revised by Douglas E. Kyle. Stanford University Press, Stanford, California.

Kelly, I., 1978. Coast Miwok. In California, edited by Robert F. Heizer, pp 414-425. Handbook of North American Indians, vol. 8, William C. Sturtevart, general editor, Smithsonian Institution, Washington, D.C.

Kroeber, Alfred L., 1953. Handbook of the Indians of California: The Pomo. Berkeley: California Book Company. 1976. Handbook of the Indians of California. Reprinted. Dover, New York. Originally published 1925, Bureau of American Ethnology Bulletin 78. Smithsonian Institution, Washington, D.C.

Milliken, R., 1995. A Time of Little Choice: A Disintegration of Tribal Culture in the San Francisco Bay Area. Ballena Press, Menlo Park, California.

Moratto, Michael, J., 1984. California Archaeology. Second printing 2004. Reprinted with permission of the author by Coyote Press, Salinas, California.

Nelson, N. C., 1907a. Archaeological Site Survey Record for CA-MRN-164. Record on file at Northwest Information Center, Rohnert Park, California. 1907b. Archaeological Site Survey Record for CA-MRN-165. Record on file at Northwest Information Center, Rohnert Park, California. 1907c. Archaeological Site Survey Record for CA-MRN-166. Record on file at Northwest Information Center, Rohnert Park, California.

Pilling, A., 1955. Archaeological Site Survey Record Update for CA-MRN-164. Record on file at Northwest Information Center, Rohnert Park, California.

Powers, Stephen, 1877. Tribes of California. Washington D.C.: U.S. Department of the Interior, Geographical and Geological Survey of the Rocky Mountain Region, Contributions to North American Ethnology, III. (Reprinted 1976 as Tribes of California. Berkeley and : University of California Press.)

Pulcheon, A., 2002. A Cultural Resources Study for the Marin Country Club Clubhouse Expansion Project, Novato, Marin County, California. Report on file at Northwest Information Center, Rohnert Park, California.

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Riddell, F. A., 1955. Archaeological Site Survey Record for CA-MRN-165. Record on file at Northwest Information Center, Rohnert Park, California.

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3.6 GEOLOGY AND SOILS

3.6.1 Setting

Mendocino County is located within the California Coast Range geomorphic province. The predominant geologic unit in this area is the Franciscan assemblage, which is highly fractured and deformed by folding, faulting, and metamorphism. This province is one of the more geologically and seismically active portions of California. The geology of the project area consists of Cretaceous greywacke (dirty sandstone) intermixed with minor basaltic flow or volcaniclastics within the sediments. The formation of these rocks has occurred on the continental shelf by a series of thrust faults following complex rafting and subduction vents of ocean floor deposits.

According to the Marin County Soil Survey (USDA-NRCS, 1985), which covers the western portion of Marin County, the Marin Country Club (MCC) contains the following soils and respective characteristics:

Blucher-Cole Complex, 2 to 5 percent slopes This soil is found on basin floors and alluvial (105) fans, and is somewhat poorly drained with medium to high surface runoff and a slight erosion hazard. Tocaloma-McMullin Complex, 50 to 75 percent This soil is found on hills, and is well drained slopes (180) with medium to high surface water runoff and a very severe erosion hazard. Xerorthents-Urban Land Complex, 0 to 9 This soil is found on tidal flats and valley percent slopes (204) floors, and has very high surface water runoff. This complex is not rated for drainage or erosion hazard.

Numerous faults exist throughout the Bay Area of Northern California where the MCC is located. The majority of active faults within the Bay Area are components of the San Andreas Fault zone, a broad north-northwest trending system that extends along coastal California. An active fault is a fault that shows displacement within the last 11,000 years, and is considered more likely to generate a future earthquake than a fault that has not shown signs of recent activity. The only active fault in Marin County is the San Andreas Fault, located 12 miles west of the City of Novato (City of Novato, 1996). The MCC is not located within an Alquist-Priolo Earthquake Fault Rupture Hazard zone (CDMG, 1997). The San Andreas Fault has the potential to produce a maximum credible earthquake of 8.3 on the Richter scale. On the Richter scale every one- unit increase indicates an increment of roughly 30 times the energy.

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To estimate the probability of future earthquake events in the Bay Area, the U.S. Geologic Survey (USGS) considered potential sources of an event on seven different fault systems in the Bay Area. Based on a combined probability of all seven fault systems and background earthquakes, there is a 62 percent chance of a magnitude 6.7 on the Richter scale or larger earthquake occurring in the Bay Area by the year 2032. Smaller earthquakes, between magnitudes 6.0 and 6.7, capable of considerable damage, have about an 80 percent chance of occurring in the Bay Area by the year 2030 (USGS, 2003).

Landslides can originate from saturation of steep unstable slopes, as well as ground shaking associated with earthquakes and undercutting of slopes for construction. Areas designated by the City of Novato General Plan as having landslides and/or unstable slopes are located on the western portion of the MCC. The existing ponds and the proposed pond are not located within these areas (City of Novato, 1996).

3.6.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Expose people or structures to potential substantial " "  " adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as " "  " delineated in the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines & Geology Special Publication 42. ii) Strong seismic ground shaking? " "  " iii) Seismic-related ground failure, including liquefaction? " "  " iv) Landslides? " "  " b) Result in substantial soil erosion or the loss of "  " " topsoil? c) Be located on a geologic unit or soil that is " "  " unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table " "  " 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?

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e) Have soils incapable of adequately supporting the " " "  use of septic tanks or alternate wastewater disposal systems where sewers are not available for the disposal of wastewater?

Question A The MCC is not located within an Alquist-Priolo Earthquake Fault Rupture Hazard Zone, but could be affected by groundshaking from local active faults. The proposed project includes construction of a four acre-foot (af) capacity reservoir and storage of water in the one proposed and six existing reservoirs. If the dam structures were to fail, this could result in minor flooding of adjacent areas. The reservoirs are not large enough to displace a large quantity of water, and it is expected only areas contiguous to the reservoirs consisting of golf course, landscaped areas and other reservoirs (those named in the proposed project) would be inundated. The Department of Water Resources, Division of Safety of Dams has jurisdiction over reservoirs with a capacity of at least 50 af and dams with a height of at least 25 feet or greater; however, none of the reservoirs on the project site are of jurisdictional size (Table 2-4). The remaining project components, including the diversion of an additional four acre-feet (af) per annum at Reservoir 6 and use of the additional water on the existing golf course, would not place people or structures at risk from the effects of groundshaking. Potential impacts from geologic hazards are considered less than significant.

Question B During operation of the proposed project water would be transported using pumps and pipelines, and sprinklers would be used for irrigation. Substantial erosion, runoff, or loss of topsoil is not expected to occur due to the relatively low water use, and because water would be applied to flat to moderately sloping terrain.

Construction of Reservoir 6 would involve the clearing of approximately 1.2 acres and excavation of approximately 7,330 cubic yards of earthen material. Proposed Reservoir 6 is located on Xerorthents-Urban Land complex soils, which are characterized as relatively flat areas with high surface water runoff. Construction would also involve inundation of approximately 500 linear feet of Arroyo San Jose. Construction activities would result in temporary soil disturbance and potentially soil erosion. This is considered a potentially significant impact.

An encroachment permit would be obtained from the City of Novato for construction of Reservoir 6, as discussed in Chapter 3.9. The encroachment permit would be obtained in conformance with Section 15-2 of the Novato Municipal Code, which states that all construction plans and applications for encroachment, grading, or construction permits shall consider the potential for erosion and sedimentation at the construction site, and shall include appropriate erosion and sedimentation controls in a Best Management Practices (BMP) plan. The City of

Analytical Environmental Services 3.6-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Geology and Soils

Novato’s Urban Runoff Pollution Prevention Ordinance (NURPPO) (Title City of Novato Municipal Code – Chapter 7.4 Urban Runoff Pollution Prevention) provides guidance for BMP plans to control erosion from construction activities. BMP plans shall be determined in accordance with the guidance provided in the “Manual of Standards for Erosion and Sedimentation Control Measures,” published by the Association of Bay Area Governments, the “Erosion and Sedimentation Control Handbook” published by McGraw-Hill, Inc., and the Construction Activity Best Management Practice Handbook prepared for the Storm Water Quality Task Force and may include site planning considerations, construction staging and timing, or other similar considerations (City of Novato, 2008). BMPs should include, but not be limited to, the following:

o Vegetation removal shall be limited to the minimum amount necessary to accommodate the proposed project. As the permanent vegetation cover is maturing, temporary vegetation or other erosion control measures sufficient to stabilize the soil shall be established on all disturbed areas. New plantings shall be protected by using such measures as jute netting, straw mulching and fertilizing; o Temporary erosion control measures, such as silt fences, staked straw bales, and temporary revegetation, shall be installed in disturbed areas; o No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months; and o Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures.

Mitigation Measure 3.6-1 No encroachment, grading, or construction permit shall be issued unless the Applicant has submitted to the City and had approved a written BMP plan whose terms and conditions shall be incorporated into the permit and be binding upon the Applicant.

After the incorporation of Mitigation Measure 3.6-1, potential impacts are considered less than significant.

Question C The proposed project would not include components that would physically alter the geology and soils on portions of the project site designated as having landslides and/or unstable slopes. Diverted water under the proposed project, as well as groundwater and imported water supplies would be applied to the golf course through an existing sprinkler system. The proposed project would not alter the existing state of geology and soils in a manner that would increase the potential for landsliding, lateral spreading, subsidence, liquefaction or collapse. This is considered a less than significant impact.

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Question D Construction of Reservoir 6 would occur on Xerorthents-Urban Land complex soils. This complex is not considered to have risk of expansion. The proposed project does not include components that would place people at risk to expansive soils. This is considered a less than significant impact.

Question E No septic tanks or wastewater disposal systems are proposed as part of the project.

Findings After the implementation of mitigation measures recommended above, impacts to geology and soils as a result of the proposed project are considered less than significant

3.6.3 References

California Division of Mines and Geology (CDMG), 1997. Fault Rupture Hazard Zones in California. Special Publication 42. Revised 1997. Available online at: http://www.consrv.ca.gov/CGS/rghm/ap/index.htm. Accessed on January 8, 2009.

City of Novato, 1996. City of Novato, General Plan. Adopted by Novato City Council on March 8, 1996.

City of Novato, 2008. City of Novato Municipal Code. Available online at: http://municipalcodes.lexisnexis.com/codes/novato/. Accessed on January 23, 2009.

U.S. Department of Agriculture, Natural Resources Conservation Service (USDA-NRCS), 1985. Soil Survey of Marin County, California.

U.S. Geologic Survey (USGS), 2003. Earthquake Probabilities in the San Francisco Bay Region, 2003 to 2032: A Summary Finding. The Working Group on California Earthquake Probabilities, U.S. Geological Survey.

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3.7 HAZARDS AND HAZARDOUS MATERIALS

3.7.1 Setting

Hazardous materials can be defined as any material that, because of quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment. Database searches were conducted for records of known storage tanks or hazardous materials generation, storage, and/or contamination sites. Databases were searched for sites and listings up to five-miles from a point roughly equivalent to the center of the Marin Country Club (MCC).

The following data resources were searched for information on hazardous materials sites: the List of Hazardous Waste and Substances site from the Department of Toxic Substances Control EnviroStor database, List of Leaking Underground Storage Tank Sites by County and Fiscal Year from the State Water Resources Control Board (State Water Board) GeoTracker database, List of Solid Waste Disposal Sites identified by the State Water Board with waste constituents above hazardous waste levels outside the waste management unit (an area within a hazardous waste disposal facility where hazardous wastes may be disposed pursuant to the facility permit), and the List of “Active” Cease and Desist Orders and Cleanup and Abatement Orders from the State Water Board. The search of database records did not reveal any known hazardous materials sites on or within a five-mile radius of the MCC (CalEPA, 2008).

The Novato Fire Protection District designates Wildland Interface Areas as those areas that pose a significant threat from wildfire. The MCC is not located within a designated Wildland Interface Area (Novato Fire Protection District, 2008).

3.7.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Create a significant hazard to the public or the "  " " environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the "  " " environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or " " "  acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school?

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d) Be located on a site which is included on a list of " " "  hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or to the environment? e) For a project located within an airport land use plan " " "  or, where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? " " "  g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency " "  " evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including "  " " where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?

Questions A and B Construction of Reservoir 6 would require the use of potentially hazardous materials, such as common petroleum products for construction equipment. This is considered a potentially significant impact.

When properly used, common petroleum products do not present a significant hazard. Normal operating procedures and maintenance should be incorporated into the proposed project, as outlined in Mitigation Measure 3.7-1.

No changes to the use of hazardous materials onsite during project operation are proposed.

Mitigation Measure 3.7-1 Standard operating precautions shall be employed by the project contractor to prevent accidental release of fuels or other hazardous materials. In the event that contaminated soil and/or groundwater or other hazardous materials are generated or encountered during construction, all work shall be halted in the affected area and the type and extent of the contamination will be determined. A qualified professional, in consultation with the appropriate regulatory agencies, shall develop an appropriate method to remediate the contamination. If necessary, the Marin Country Club shall implement a remediation plan in conjunction with continued project construction.

After the incorporation of Mitigation Measure 3.7-1, potential impacts are considered less than significant.

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Question C The nearest school is Terese Montessori School for Toddlers, located approximately 0.85 miles northeast of the location of proposed Reservoir 6, on the opposite side of Ignacio Boulevard. The proposed project is not located within a quarter-mile of any existing or proposed schools. No impact would occur.

Question D A search of government databases and environmental records pursuant to Government Code §65962.5 did not reveal any known hazardous materials sites on or within a five-mile radius of the MCC. No impact would occur.

Questions E and F The proposed project is not located in the vicinity of a public airport or private airstrip. San Rafael Airport is located approximately four miles southeast of the MCC. The proposed project would not result in a safety hazard for people residing or working in the project area. No impact would occur.

Question G Construction equipment would be staged in the vicinity of the proposed Reservoir 6 in the fairways of 17 th and/or 18th holes. The proposed project does not include components that would interfere with an adopted emergency plan. This is considered a less than significant impact.

Question H The MCC is not located within a designated Wildland Interface Area. Proposed Reservoir 6 is located in a drainage area that contains trees. Equipment used for construction of Reservoir 6 could create sparks, which could ignite dry grass or other vegetation on the MCC. This potential fire risk, which is similar to that found at other construction sites, is considered a potentially significant impact.

Provisions to prevent sparking from construction equipment should be incorporated into the proposed project, as outlined in Mitigation Measure 3.7-2.

Mitigation Measure 3.7-2 All construction equipment shall include spark arresters in good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws.

During construction, staging areas, welding areas, or areas slated for development using spark- producing equipment shall be cleared of dried vegetation or other materials that could serve as fire fuel. To the extent feasible, the contractor shall keep these areas clear of combustible

Analytical Environmental Services 3.7-3 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hazards and Hazardous Materials materials in order to maintain a firebreak. Safety equipment, including fire extinguishers and fire safety tools, shall be available onsite.

After the incorporation of Mitigation Measure 3.3-2, potential impacts are considered less than significant.

Findings After the implementation of the mitigation measures recommended above, impacts to hazards and hazardous materials as a result of the proposed project are considered less than significant.

3.7.3 References

California Environmental Protection Agency (CalEPA), 2008. Cortese List Data Resources. Available online at: http://www.calepa.ca.gov/SiteCleanup/CorteseList/. Accessed on January 27, 2009.

Novato Fire Protection District, 2008. Available online at: http://www.novatofire.org/. Accessed on January 27, 2009.

State of California, Health and Safety Code, Chapter 6.95, Section 25501(o).

Analytical Environmental Services 3.7-4 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

3.8 HYDROLOGY AND WATER QUALITY

3.8.1 Setting

The City of Novato and surrounding area contains a network of rivers, streams, lakes, and other water bodies. The Marin Country Club (MCC) is drained by Arroyo San Jose tributary to Novato Creek thence San Pablo Bay. The Arroyo San Jose watershed drains an area of 5.7 square miles. Portions of the project site adjacent to Arroyo San Jose are located within the Federal Emergency Management Agency (FEMA) designated 100-year flood hazard zone (FEMA. 1996).

Groundwater in the project area is provided by shallow alluvial sediments located on the valley floor. These groundwater bearing alluvial sediments are located on the project site and have been tapped by springs, ponds and wells (TKS Consulting, 2008). Three groundwater wells located at the 12th hole, on the driving range, and on the 18th hole, are used to provide supplemental water to MCC in addition to the six existing surface water storage reservoirs. A fourth well was drilled at the 7th hole and was tested for use, but it has been determined that this well yields inadequate supplies and it has been capped.

Regulations The San Francisco Bay Regional Water Quality Control Board requires that municipalities in Marin County, including the City of Novato, participate in the Marin County Stormwater Pollution Prevention Program (MCSTOPPP). MCSTOPPP’s purpose is to prevent increased pollutant discharge from storm drain systems, especially by controlling erosion and sedimentation from construction projects (MCSTOPPP, 2009). At the MCC, this program would be implemented through the City of Novato’s Urban Runoff Pollution Prevention Ordinance (NURPPO) (City of Novato Municipal Code – Chapter 7.4 Urban Runoff Pollution Prevention). The intent of NURPPO is to protect and enhance the water quality of the State’s and the nation’s watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act. Primary components of NURPPO aim to control the discharge of pollutants, reduce pollutants in urban runoff, and protect watercourses (City of Novato, 2008).

3.8.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Violate any water quality standards or waste "  " " discharge requirements?

Analytical Environmental Services 3.8-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer " "  " volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site, including through alteration of the course of a stream or river, or substantially increase the rate or volume of surface runoff in a manner that would: i) result in flooding on- or off-site " "  " ii) create or contribute runoff water that would " "  " exceed the capacity of existing or planned stormwater discharge iii) provide substantial additional sources of "  " " polluted runoff iv) result in substantial erosion or siltation on-or "  " " off-site? d) Otherwise substantially degrade water quality? "  " " e) Place housing or other structures which would "   " impede or re-direct flood flows within a 100-yr. flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? f) Expose people or structures to a significant risk of loss, injury, or death involving flooding: i) as a result of the failure of a dam or levee? " "  " ii) from inundation by seiche, tsunami, or " "  " mudflow? g) Would the change in the water volume and/or the pattern of seasonal flows in the affected watercourse result in: i) a significant cumulative reduction in the " "  " water supply downstream of the diversion? ii) a significant reduction in water supply, either " " "  on an annual or seasonal basis, to senior water right holders downstream of the diversion? iii) a significant reduction in the available "  " " aquatic habitat or riparian habitat for native species of plants and animals? iv) a significant change in seasonal water " "  " temperatures due to changes in the patterns of water flow in the stream? v) a substantial increase or threat from " "  " invasive, non-native plants and wildlife

Analytical Environmental Services 3.8-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

Questions A-C (iii) and (iv) and D Construction of Reservoir 6 would involve the excavation of approximately 7,330 cubic yards of earthen material and inundation of approximately 500 linear feet of the Arroyo San Jose channel. Construction activities, including the excavation of earthen material, inundation of the channel, and movement of equipment around the watercourse, have the potential to discharge sediments, debris, oils, or other foreign materials into Arroyo San Jose. In addition, the placement of excavated earthen material at the MCC could result in loose material being transported to Arroyo San Jose by surface runoff. Discharge of pollutants to Arroyo San Jose could impair water quality. This is considered a potentially significant impact.

NURPPO provides provisions for the protection of watercourses by persons owning property through which a watercourse passes. Persons owning property through which a watercourse passes shall:

o Keep and maintain that part of the watercourse within the premises reasonably free of trash, debris, and other obstacles which would and/or could pollute, contaminate, or significantly retard the flow of water through the watercourse; o Maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and o Not remove healthy noninvasive bank vegetation beyond that actually necessary for said maintenance, nor remove said vegetation in such manner as to increase the vulnerability of the watercourse to erosion.

An encroachment permit would be obtained from the City of Novato for construction of Reservoir 6, as discussed in Chapter 3.9. Pursuant to NURPPO, a Best Management Practices (BMP) plan to control erosion from construction activities would be incorporated into the encroachment permit, as outlined in Mitigation Measure 3.6-1. The proposed project involves obtaining a use permit from the City of Novato for construction of Reservoir 6. Obtaining a use permit requires adopting a Stream Management Plan, which includes provisions to reduce potential water quality impairment, as outlined in Mitigation Measure 3.4-3. Pursuant to Section 401 of the Clean Water Act, projects in the City of Novato proposing to discharge waste that could affect waters of the state must file a report of waste discharge with the San Francisco Bay Regional Water Quality Control Board. Waste shall include fill, and any material resulting from human activity, including sediments, debris, oils, or other foreign materials resulting from the proposed project.

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Mitigation Measure 3.8-1 Prior to commencement of construction, the Applicant shall file a report pursuant to Water Code Section 13260 and shall comply with all waste discharge requirements imposed by the San Francisco Bay Regional Water Quality Control Board.

All earth work within the Stream Protection Zone shall be conducted only between April 15 and October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis. BMPs for erosion control shall be implemented to ensure water quality of the Arroyo San Jose prior to and during construction of the new pond (including necessary measures at construction entrances and staging areas). Temporary erosion control measures, such as silt fences, staked straw bales, fiber rolls and mats, shall be installed in disturbed areas. If needed, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis. All disturbed areas shall be revegetated by October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis.

To prevent potential impacts to water quality from future golf course or other activities within the Stream Protection Zone, the Applicant shall avoid removal of vegetation immediately adjacent to the stream banks except for exotic, invasive species or other vegetation identified in the adopted Stream Management Plan. Native landscape plantings shall be maintained to provide a vegetated streamside buffer and absorb sediment and chemical constituents, and provide a zone for rainfall infiltration to the creek channel. Pesticides and/or fertilizers used within the stream banks shall be registered with the EPA and appropriate for use in waters. Application of pesticides shall be performed by a licensed pesticide applicator. Application of chemicals shall be avoided during rainy and/or windy weather to the maximum extent feasible. Continued operation and maintenance activities within the fairways are permitted.

After the incorporation of Mitigation Measure 3.8-1, as well as Mitigation Measures 3.6-1 and 3.4-3, potential impacts are considered less than significant.

Question B The MCC currently extracts groundwater from three onsite wells at a rate of approximately 200,000 gallons per day. Groundwater is used in the late summer season, when reservoir levels have been drawndown. Construction of Reservoir 6 would increase the total storage capacity of MCC by four acre-feet (af) per annum, which has the potential to slightly reduce late summer season demands of groundwater. The proposed project would not result in expansion of the place of use (POU) or result in greater demand for groundwater in any other way.

Analytical Environmental Services 3.8-4 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

Construction of Reservoir 6 would impound an additional four af from Arroyo San Jose. Due to the small size of Reservoir 6, the loss of any groundwater recharge is considered negligible and potential impacts to groundwater are considered less than significant.

Question C (i) and (ii) Construction of Reservoir 6 would alter the local drainage pattern by inundating approximately 500 linear feet of drainage. This would alter the drainage of the area by storing water as it flows downstream from Reservoir 7. Currently water flowing downstream from this point is not stored until it reaches Reservoir 5. With Reservoir 6 in place water would still be allowed to flow through to Reservoir 5, but only after Reservoir 6 is full and spilling. Because water could be released downstream once the reservoir is full (the same as Reservoirs 1-5 and Reservoir 7), no flooding would result. Surface runoff in the area would still be conveyed to Arroyo San Jose upstream and downstream of proposed Reservoir 6. This is considered a less than significant impact.

Question E Portions of the southern half of proposed Reservoir 6 and the majority of area covered by existing Reservoirs 1-5 and 7 are located within the FEMA 100-year flood hazard zone. The berm of these reservoirs may temporarily redirect some flood flows around the structures, but the reservoirs are not large enough to displace a large quantity of water, and only areas contiguous to the reservoirs consisting of golf course, landscaped areas and other reservoirs (those named in the proposed project) would be inundated. This is considered a less than significant impact. Potential impacts to the floodplain during construction is considered a potentially significant impact.

Mitigation Measure 3.8-2 To prevent potential impacts to the floodplain during construction of the proposed pond, prior to issuance of a building permit for the project, the Applicant shall submit a hydraulic study to the City of Novato detailing flood routing as necessary to fully characterize any impacts to the regulatory floodplain in the vicinity of the project.

With this measure, impacts to the floodplain during construction would be less than significant.

Question F None of the reservoirs on the MCC fall under the Division of Safety of Dams’ jurisdiction. Each of the reservoirs, including the proposed reservoir, collects water with the installation of sliding flashboards. The failure of any flashboards would result in collected water being released downstream. The reservoirs are not large enough to displace a significant amount of water, and it is expected that only areas contiguous to the reservoirs consisting of golf course, landscaped areas and other reservoirs (those named in the proposed project) would be inundated. The City

Analytical Environmental Services 3.8-5 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality of Novato General Plan determined that tsunamis and seiches present an insignificant risk to the City of Novato (City of Novato, 1996). This is considered a less than significant impact.

Question G The proposed project involves the diversion of up to 85 af between October 1 and June 30 from Arroyo San Jose. According to State Water Board Order WR 98-08, there is no fully appropriated limitation on the Arroyo San Jose watershed (State Water Board, 1998). Both applications propose a diversion season between October 1 and June 30, which conforms to Order WR 98-08. A Water Availability Analysis (WAA) has been completed for the proposed project to estimate effects to streamflows (Wagner & Bonsignore, 2009). Cumulative Flow Impairment Index (CFII) values were calculated in the WAA for nine points of interest (POIs) (Table 3.8-1) (Figure 3.8-1). The CFII is an index used to evaluate the cumulative flow impairment of all existing and pending diversions in the watershed of interest. CFII values were calculated for three scenarios: all diverters senior to Applications 31655 and 31656, all diverters senior to and including Applications 31655 and 31656, and all diverters including junior applications. However, there are no other water rights of record within the Arroyo San Jose watershed, or from Novato Creek downstream of the confluence with Arroyo San Jose. CFII values estimated for POIs 2 through 9 are each less than five percent and the CFII value at POI/Point of Diversion (POD) 1 is 5.7 percent (Table 3.8-2). Therefore, the project would not result in a significant cumulative reduction in the water supply downstream of the PODs.

TABLE 3.8-1: POINTS OF INTEREST POI Description 1 The point on Arroyo San Jose immediately below POD 1. 2 The point on Arroyo San Jose immediately below POD 2. 3 The point on Arroyo San Jose immediately below POD 3. 4 The point on Arroyo San Jose immediately below POD 4. 5 The point on Arroyo San Jose immediately below POD 5. 6 The point on Arroyo San Jose immediately below POD 6. 7 The point on Arroyo San Jose immediately below POD 7. 8 The point on Arroyo San Jose immediately below the confluence with an Unnamed Stream. 9 The point on Arroyo San Jose immediately above the confluence with an Unnamed Lagoon. Source: Wagner and Bonsignore, 2009

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NORTH 0 1250’ 2500’

Marin Country Club - Water Facility Project / 208528 SOURCE: Wagner & Bonsignore, 2009; AES, 2009 Figure 3.8-1 Water Availability Analysis POI Map Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

TABLE 3.8-2: WATER AVAILABILITY Unimpaired Face Value of A031655 POI CFII (%) Flow (af) & A031656 (af) 1 1,485 85 5.7 2 1,456 65 4.5 3 1,320 56 4.2 4 1,304 41 3.1 5 1,213 25 2.1 6 1,201 13 1.1 7 1,026 9 0.9 8 2,114 85 4.0 9 2,487 85 3.4 NOTE: No water rights exist senior or junior to A031655 and A031656. Source: Wagner and Bonsignore, 2009

According to the Draft Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams (CDFG-NMFS Draft Guidelines), if the CFII value is less than five percent, such as is the case at POIs 2 through 9, no appreciable diminishment of unimpaired flows would occur and there is little chance of significant cumulative impacts due to the diversion (CDFG-NMFS, 2002). At POI/POD 1 the CFII value is greater than five percent and according to the CDFG-NMFS Draft Guidelines further investigation by a qualified biologist is required to determine potential for the stream to support coho or Chinook, if at all (CDFG-NMFS, 2002).

As discussed in Question D of the Biological Resources section, the construction of Reservoir 6 would not directly impact aquatic or riparian habitat, however, implementation of a minimum bypass flow as described in Mitigation Measure 3.4-4 would protect aquatic resources and reaches downstream of POD 1. The project would not result in a significant change in seasonal water temperatures or an increase in invasives.

The DFG-NMFS Draft Guidelines recommend maintaining a bypass of low flow equal to the February median flow (FMF) or the natural flow, whichever is less. The WAA calculated the FMF at each POD as shown in Table 3.8-3.

TABLE 3.8-3: FEBRUARY MEDIAN FLOW POD February Median Flow (cfs) 1 2.62 2 2.57 3 2.33 4 2.30 5 2.14 6 2.12 7 1.81 Source: Wagner and Bonsignore, 2009

Analytical Environmental Services 3.8-8 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

An operational analysis using a daily time-step was conducted to estimate water available for diversion under the proposed project. Daily unimpaired streamflow was then estimated at each POD for 33 years of flows. The FMF was maintained at each POD to estimate streamflows in this analysis. Diversions to storage at each POD were made when available during the proposed diversion season of October 1 to June 30, beginning at POD 7 and continuing downstream to POD 1. Diversions by the proposed project were simulated assuming that the reservoirs started empty at the beginning of each diversion season (October 1). For Application 31655 (PODs 1 through 5), the full amount of water was available in 30 of the 33 modeled years. For Application 31656 (PODs 6 and 7), the full amount of water was available in 32 of the 33 modeled years.

Findings After the implementation of the mitigation measures recommended above, impacts to hydrology and water quality as a result of the proposed project are considered less than significant.

3.8.3 References

California Department of Fish and Game and the National Marine Fisheries Service (CDFG- NMFS), 2002. Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Stream. June 17, 2002.

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

City of Novato, 2008. City of Novato Municipal Code. Available online at: http://municipalcodes.lexisnexis.com/codes/novato/. Accessed on January 23, 2009.

Federal Emergency Management Agency (FEMA), 1996. Flood Insurance Rate Map. Map for Marin County, California.

Marin County Stormwater Pollution Prevention Program (MCSTOPPP), 2009. Available online at: http://mcstoppp.org/. Accessed on January 27, 2009.

State Water Resources Control Board (State Water Board), 1998. Order WRO 98-08. In the Matter of the Declaration of Fully Appropriated Stream Systems in California. Available online at: http://www.waterrights.ca.gov/hearings/WaterRightOrders/WRO98-08.pdf. Accessed on February 5, 2009.

Analytical Environmental Services 3.8-9 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Hydrology and Water Quality

TKS Consulting, 2008. Marin Country Club, 500 Country Club Drive, Novato California, Well Location Report. May 23, 2008.

Wagner and Bonsignore Consulting Civil Engineers (Wagner and Bonsignore), 2009. Water Availability Analysis for Water Right Applications 31655 and 31656. February 3, 2009.

Analytical Environmental Services 3.8-10 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Land Use and Planning

3.9 LAND USE AND PLANNING

3.9.1 Setting

The Marin Country Club (MCC) consists of three privately owned parcels that are designated by the City of Novato zoning map as Planned District (City of Novato, 2001). The City of Novato General Plan (General Plan) designates the area as Low Density Residential (City of Novato, 1996).

City of Novato Zoning Ordinance The City of Novato zoning map designates the MCC as Planned District (PD), which refers to parcels that can be developed as neighborhoods providing public services, infrastructure, and/or convenience retail and services. This allows flexibility in site planning to promote developments that are sensitive to natural resources. The PD zoning district may be applied to any land use designation of the General Plan (City of Novato, 2008).

City of Novato General Plan For areas designated as residential land use the General Plan states that the primary goal is to preserve small town character while providing a variety of diverse housing (City of Novato, 1996). The General Plan describes different residential zoning districts that establish use densities based on dwelling units per gross acre. Accordingly, the MCC is designated as Low Density Residential. Uses on Low Density Residential areas include detached or attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses. The density of development allowed in these areas ranges from 1.1 to five dwellings units per acre. The MCC is considered a recreational use, and is consistent with the Low Density Residential designation.

Regulations City of Novato Municipal Code The City of Novato Municipal Code (Municipal Code), Chapter 19.35 Waterway and Riparian Protection states that a use permit is required for any excavation, fill, grading, or paving; removal or planting of vegetation; construction, alteration, or removal of any structure; or alteration of any embankment within the stream protection zone (City of Novato, 2008). The Municipal Code defines stream protection zones as lands adjoining or encompassing watercourses designated by the General Plan, including Arroyo San Jose (City of Novato, 1996).

Municipal Code, Chapter 15-2, Encroachment in Streets or Rights-of-Way states that encroachment activities shall not occur without having first obtained an encroachment permit.

Analytical Environmental Services 3.9-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Land Use and Planning

Encroachment in this section is defined as excavating, filling or disturbing a right-of-way, including watercourses, such as Arroyo San Jose (City of Novato, 2008).

3.9.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Physically divide an established community? " " "  b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general " "  " plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation " " "  plan or natural community conservation plan?

Question A The proposed project is located within the boundaries of the MCC, which has been in operation since 1958. The proposed project consists of constructing a reservoir, diverting water from an onsite drainage, and using this water at the MCC golf course and facilities. The proposed project would not physically divide an established community. No impact would occur.

Question B Current use of the MCC is consistent with the General Plan and City of Novato zoning designations. Development of the proposed project would be consistent with current uses at the MCC. The proposed project involves ground-clearing, excavation, and grading activities within a stream protection zone, and requires obtaining a use permit from the City of Novato prior to commencement of construction activities (discussed in the Biological Resources section). Construction of Reservoir 6 would encroach into Arroyo San Jose, as defined by the Municipal Code, and an encroachment permit from the City of Novato would be obtained prior to construction activities. This is considered a less than significant impact.

Question C No habitat conservation plans or natural community conservation plans currently exist for the MCC or immediate vicinity. No impact would occur.

Findings No significant impacts to land use and planning would result from the proposed project.

Analytical Environmental Services 3.9-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Land Use and Planning

3.9.3 References

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

City of Novato, 2001. City of Novato Zoning Ordinance. Zoning Map. Adopted April 24, 2001. Available online at: http://www.ci.novato.ca.us/Index.aspx?page=510. Accessed on March 27, 2009.

City of Novato, 2008. City of Novato Municipal Code. Available online at: http://municipalcodes.lexisnexis.com/codes/novato/. Accessed on January 23, 2009.

Analytical Environmental Services 3.9-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Mineral Resources

3.10 MINERAL RESOURCES

3.10.1 Setting

Mineral resources of value to the state generally include metals, industrial minerals (e.g. aggregate, sand and gravel), oil and gas, and geothermal resources. The California Division of Mines and Geology (CDMG) has identified mineral resource sites within Marin County and policies to protect these resource sites. The Marin Countywide Plan provides a policy for the protection of these sites from land uses that may prevent future mineral extraction (Marin County, 2007).

The primary mineral resources in and around the City of Novato are sand and gravel. CDMG has designated three sites in the Novato area as Resource Sectors (MRZ-2 zones) (City of Novato, 1996). The City of Novato has adopted mineral resource policies to protect Resource Sectors under the California Surface Mining and Reclamation Act. At Resource Sectors, land uses that have the potential to generate an adverse effect on the resource site are prohibited. The closest resource to the Marin Country Club (MCC) is the Novato Conglomerate-Black Point (Sector D-2), located approximately three miles away, east of Highway 101. This site contains a sandy matrix suitable for cement (City of Novato, 1996).

3.10.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Result in the loss of availability of a known mineral " " "  resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally- " " "  important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?

Questions A and B Mineral resources have not been identified at the MCC, or within the vicinity of this location. Implementation of the proposed project would not adversely impact any known mineral resources. No impact would occur.

Findings No impacts would occur to mineral resources as a result of the proposed project.

Analytical Environmental Services 3.10-1 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Mineral Resources

3.10.3 References

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

Marin County, 2007. Marin Countywide Plan. November 6, 2007. Marin County Community Development Agency.

Analytical Environmental Services 3.10-2 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Noise

3.11 NOISE

3.11.1 Setting

Acoustical Terminology Noise is often described as unwanted sound. Sound is defined as any pressure variation in air that the human ear can detect. If the pressure variations occur frequently enough, they can be heard and are called sound. The number of pressure variations per second is called the frequency of sound, and is expressed as cycles per second, called Hertz (Hz).

Measuring sound directly in terms of pressure would require a very large and awkward range of numbers. As a result, the decibel scale was devised. The decibel (dB) scale uses the hearing threshold (20 micropascals of pressure), as a point of reference, defined as 0 dB. Other sound pressures are then compared to the reference pressure, and the logarithm is taken to keep the numbers in a practical range. The dB scale allows a million-fold increase in pressure to be expressed as 120 dB, and changes in levels correspond closely to human perception of relative loudness.

The perceived loudness of sounds is dependent upon many factors, including sound pressure level and frequency content. However, within the usual range of environmental noise levels, perception of loudness is relatively predictable, and can be approximated by the A-weighting network. There is a strong correlation between A-weighted sound levels (expressed as dBA) and the way the human ear perceives noise. A-weighting consists of a frequency-response adjustment of a sound level meter that conditions the output signal to approximate human response. For this reason, the A-weighted sound level has become the standard tool of environmental noise assessment. All noise levels reported in this section are in terms of A- weighted levels.

Community noise is commonly described in terms of the "ambient" noise level, which is defined as the all-encompassing noise level associated with a given noise environment. A common statistical tool to measure the ambient noise level is the average, or equivalent, sound level (Leq), which corresponds to a steady-state A-weighted sound level containing the same total energy as a time-varying signal over a given time period (usually one hour). The Leq is the foundation of the composite noise descriptor, Ldn, and shows very good correlation with community response to noise.

Sensitive Receptors Noise has often been cited as a health problem at sensitive receptors because it inhibits general well being and contributes to undue stress and annoyance. Noise interferes with sleep, speech,

Analytical Environmental Services 3.11-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Noise recreation, and tasks demanding concentration or coordination. The result is an increase in public annoyance with the noise source and a decrease in environmental quality.

Noise sensitive land uses within the City of Novato, include hospitals, convalescent homes, schools, and libraries. According to the City of Novato General Plan (General Plan), there are no sensitive receptors within the immediate vicinity of the MCC. The closest sensitive receptor is school located approximately 0.85 miles away from the location of proposed Reservoir 6.

Existing Noise Environment The noise environment at the MCC is defined by ambient noises from vehicles along Ignacio Boulevard, located approximately a half mile away, and adjacent streets, including Country Club Drive. The standard for maximum outdoor noise levels in residential areas is 60 dBA (City of Novato, 1996). Ignacio Boulevard is expected to attain a noise level of 60 dBA or above due to vehicular traffic (City of Novato, 1996). The MCC and Country Club Drive both meet current compatibility requirements between land use and noise levels.

Regulations City of Novato Municipal Code According to the City of Novato Municipal Code (Municipal Code), Chapter 19.22.070 Noise and Construction Hours, any construction that is performed within a residential land use shall not exceed 60 dBA between the hours of 6 a.m. to 10 p.m. and 45 dBA between the hours of 10 p.m. to 6 a.m. Authorized grading activities and equipment operations are limited to between 7 a.m. to 6 p.m. weekdays, when City inspectors are available, and construction is exempt from the preceding allowable noise level requirements.

City of Novato General Plan The General Plan, Noise Element includes provisions to protect the health and welfare of the community by promoting development that is compatible with established noise standards (City of Novato, 1996). The normally acceptable standards for outdoor noise that occur at a golf course, such as MCC are up to 70 dBA (City of Novato, 1996).

3.11.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project result in: a) Exposure of persons to, or generation of, noise " "  " levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

Analytical Environmental Services 3.11-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Noise

b) Exposure of persons to, or generation of, excessive " "  " groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise " " "  levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in "  " " ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan " " "  or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing in or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, " " "  would the project expose people residing in or working in the project area to excessive noise levels?

Questions A and B Construction of Reservoir 6 would generate noise from use of heavy equipment, including approximately two scrapers, one dozer, and one compactor. Noise generated from equipment would be temporary, as construction would last for a period of approximately four weeks. Construction equipment required for Reservoir 6 would average up to approximately 90 dB within approximately 15 feet of the equipment when in use (USDT-FHA, 2006). The nearest sensitive receptor, located approximately 0.85 miles away from the location of proposed Reservoir 6 on the opposite side of Ignacio Boulevard, would not be affected by construction noise. The nearest residence to Reservoir 6 is located approximately 150 feet to the southwest. Other residences in proximity to Reservoir 6 are located along Country Club Drive to the north, Fairway drive to the south and Olympia Way and Eagle Drive to the north. Noise levels at residences would be much less than the estimate above, due to their distance from the location of construction activities. In addition, MCC members would experience temporary impacts from noise levels due to the proximity of proposed Reservoir 6 to contiguous fairways and greens of the 17th and 18th holes. This would be similar to the impact experienced by sensitive receptors in the area. This is considered less than significant impact.

Question C Noise generated at the MCC would be limited to that associated with the construction of Reservoir 6 and would be temporary, lasting a period of approximately four weeks. The proposed project would not change current operations at the MCC or result in a permanent increase in ambient noise levels. No impact would occur.

Analytical Environmental Services 3.11-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Noise

Question D Temporary impacts to ambient noise levels would occur from equipment utilized for construction of Reservoir 6. Existing noise levels at the MCC would be restored after construction of Reservoir 6 is completed. Maximum outdoor ambient noise levels at a golf course are 70 dBA. During construction, noise levels in residential areas may increase, exceeding allowable noise levels in these areas. This is considered a potentially significant impact.

The Municipal Code provides an exemption for activities that require a grading permit and limit construction activities between the hours of 7 a.m. to 6 p.m. on weekdays. The proposed project would limit construction activities to the exemption period, as outlined in Mitigation Measure 3.11-1.

Mitigation Measure 3.11-1 The construction schedule for the proposed project shall be adjusted so that all work within the Marin Country Club is performed between the hours of 7 a.m. and 6 p.m., Monday through Friday.

After the incorporation of Mitigation Measure 3.11-1, potential impacts are considered less than significant.

Questions E and F The MCC is not located within two miles of a public airport or private airstrip. No impacts would occur.

Findings After the implementation of the mitigation measure above, impacts to noise as a result of the proposed project are considered less than significant.

3.11.3 References

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

City of Novato, 2008. City of Novato Municipal Code 19.22.070 Noise and Constructions Hours. Available online at: http://www.municode.com/Resources/gateway.asp?pid=16532&sid=5. Accessed on April 9, 2009.

U.S. Department of Transportation, Federal Highway Administration (USDT-FHA), 2006. Special Report: Highway Construction Noise: Measurement, Prediction and Mitigation.

Analytical Environmental Services 3.11-4 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Noise

Appendix A Construction Equipment Noise Levels and Ranges. Available online at: http://www.fhwa.dot.gov/environment/noise/highway/hcn06.htm. Accessed on March 27, 2009.

Analytical Environmental Services 3.11-5 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Population and Housing

3.12 POPULATION AND HOUSING

3.12.1 Setting

As of January 2008, the population of the City of Novato was estimated to be 52,737 (DOF, 2008). The City of Novato Planning Area (Planning Area) consists of the Novato City limits, its Sphere of Influence, and Urban Growth Boundary. The City of Novato General Plan (General Plan), Housing Element predicts growth of 19 percent within the Novato Planning Area during the 20-year period from 2000 to 2020 (City of Novato, 1996). Due to the location of the Marin Country Club (MCC) within the City of Novato, this projected trend is representative of the expected population growth in the project area.

As noted in the Land Use and Planning section, the MCC is designated by the General Plan as Low Density Residential (City of Novato, 1996). This land use designation allows for detached or attached single-family dwellings, recreation, home occupations, community facilities, and other similar uses. The MCC is considered a recreation use, and no residences are currently located at the MCC. Residences are located in the immediate vicinity of the MCC along Country Club Drive to the north, Fairway drive to the south and Olympia Way and Eagle Drive to the north. These residences consist of single-family homes located in neighborhoods that are also designated by the General Plan for Low Density Residential uses (City of Novato, 1996).

3.12.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Induce substantial population growth in an area " "  " either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, " " "  necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, " " "  necessitating the construction of replacement housing elsewhere?

Question A The proposed project involves diversion of surface water for irrigation, landscaping, and industrial purposes, construction of a small reservoir, and does not involve the development of any homes or businesses. Irrigation water would be used on the existing golf course and would not generate any new commercial activities. Proposed Reservoir 6 would hold four acre-feet of

Analytical Environmental Services 3.12-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Population and Housing surface water and would not indirectly influence population growth. This is considered a less than significant impact.

Questions B and C The proposed project does not involve the construction of new housing, the removal of existing housing, or displacement of any people. No impact would occur.

Findings Impacts to population and housing as a result of the proposed project are considered less than significant.

3.12.3 References

California Department of Finance (DOF), 2008. E-1 Population Estimates for Cities, Counties and the State with Annual Percent Change - January 1, 2007 and 2008. Sacramento, California. May 2008.

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

Analytical Environmental Services 3.12-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Public Services

3.13 PUBLIC SERVICES

3.13.1 Setting

Public services include fire and police protection, schools, parks, and other public facilities. The Novato Fire Protection District provides structural fire protection and emergency medical response to the City of Novato. Law enforcement services in the project area are provided by the City of Novato Police Department. Within the City of Novato’s Sphere of Influence are seven County maintained open space preserves. The Novato Unified School District provides education services in the project area and includes eight elementary schools and five middle and high schools. The closest school to the MCC is Terese Montessori School for Toddlers, located approximately 0.85 miles away.

3.13.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services: a) Fire protection? " " "  b) Police protection? " " "  c) Schools? " " "  d) Parks? " " "  e) Other public facilities? " " " 

Questions A-E The proposed project would result in the continued use of the MCC as a golf course and for related recreational activities. The proposed project would not adversely impact the City of Novato’s ability to provide fire and police protection, or impact the maintenance of parks, schools, or other public facilities. No impact would occur.

Findings No impacts would occur to public services as a result of the proposed project.

Analytical Environmental Services 3.13-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Recreation

3.14 RECREATION

3.14.1 Setting

Recreation activities popular in Marin County include biking, camping, hiking, and boating, among others. Recreational areas include forests, wild land areas, lakes, creeks, open spaces and coastal areas. The Marin Country Club (MCC) provides recreational activities within its boundaries in the form of an approximately 107-acre privately owned golf course that consists of open spaces, tree areas, reservoirs, and a creek. Other services offered by the MCC include tennis courts, a fitness center, a swimming complex, driving range, clubhouse, social events, and junior activities. The MCC has been in operation for over 50 years.

3.14.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Increase the use of existing neighborhood and " "  " regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the " "  " construction or expansion of recreational facilities that might have an adverse physical effect on the environment?

Questions A and B The proposed project involves diversion of surface water for irrigation, landscaping, and industrial purposes at the MCC, and construction of a small reservoir within the MCC boundaries. Proposed Reservoir 6 would hold diverted surface water for the MCC, but would not be utilized for recreational activities at the reservoir. No new demand would be generated for the use of existing neighborhood and regional parks or other recreational facilities. This is considered a less than significant impact.

Findings Impacts to recreation as a result of the proposed project are considered less than significant.

Analytical Environmental Services 3.14-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Transportation and Traffic

3.15 TRANSPORTATION AND TRAFFIC

3.15.1 Setting

The City of Novato General Plan (General Plan), Transportation Element provides an overview of transportation issues for the Novato area. The Transportation Element identifies the following issues, which are related to the Marin Country Club (MCC): transportation is both a local and regional problem, land use and transportation are inextricably connected, and Highway 101 is the main inter-city roadway (City of Novato, 1996). The Marin Countywide Congestion Management Agency (MCCMA) develops and administers the Marin County Congestion Management Plan (CMP). The CMP established level-of-service (LOS) standards and reflects multi-agency capital improvements programs. The only roadway in the project area on the CMP list is Highway 101, which exceeds LOS standards established by the MCCMA (City of Novato, 1996).

The MCC is located on Country Club Drive in the southwestern portion of the City of Novato. Country Club Drive is a cul-de-sac, which connects with Ignacio Boulevard from the north, a main travel route through the southwestern portion of the City of Novato (City of Novato, 1996). Ignacio Boulevard is designated as an arterial street, which is classified as having medium travel speeds, medium capacity that averages 10,000 to 35,000 trips daily, and highway access. Ignacio Boulevard provides access to Highway 101, which is located approximately two miles east of the MCC. Alameda del Prado, which is also an arterial street that runs north to south along Highway 101, connects with Ignacio Boulevard immediately west of Highway 101.

3.15.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial " "  " increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Substantially increase hazards due to a design " "  " feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Result in inadequate emergency access? " "  " d) Result in inadequate parking capacity? " "  "

Analytical Environmental Services 3.15-1 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Transportation and Traffic

e) Exceed, either individually or cumulatively, a level- " "  " of-service standard established by the county congestion management agency for designated roads or highways? f) Conflict with adopted policies supporting alternative " " "  transportation (e.g., bus turnouts, bicycle racks)? g) Result in a change in air traffic patterns, including " " "  either an increase in traffic levels or a change in location that results in substantial safety risks?

Question A New vehicle trips generated by the proposed project would be limited to worker trips and transportation of construction equipment and supplies associated with construction of proposed Reservoir 6. It is estimated that six workers would be needed to operate the equipment for a period of approximately four weeks. Based on six workers making two trips per day (to and from the project site), it is anticipated approximately 12 new trips per weekday would result during the four week period, plus the trips to the deliver equipment and supplies to the project site before and after construction. Given that the proposed project would result in a small magnitude of new trips, and given the temporary nature of new traffic, it is expected that the existing street system could accommodate the traffic generated from the proposed project. This is considered a less than significant impact.

Questions B and C Ignacio Boulevard does not contain sharp curves along its length west of Highway 101. Construction of proposed Reservoir 6 would require construction equipment and supplies to be transported to the MCC. Given the minimal amount of equipment required, the short duration of its use, and ease of transporting the equipment to MCC from Highway 101, it is not anticipated the proposed project would result in new hazards or incompatible uses or inadequate emergency access. This is considered a less than significant impact.

Question D There are approximately 170 parking spaces located at the MCC. Social events and other gatherings are held in the Country Club’s ballroom, which seats 250 people (Marin Country Club, 2009). During times of peak volume, the MCC currently may experience inadequate parking capacity and members may be required to park on residential streets. Given that the proposed project would result in minimal new trips during weekdays when normal operating conditions would occur, and the temporary nature of the new traffic, it is not anticipated that inadequate parking capacity would result. This is considered a less than significant impact.

Question E Highway 101 is the only roadway in proximity to the MCC on the Marin County CMP list. Highway 101 currently exceeds LOS standards established by the MCCMA, and there is

Analytical Environmental Services 3.15-2 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Transportation and Traffic currently no reserve capacity (City of Novato, 1996). Given that the proposed project would result in a small magnitude of new trips, the temporary nature of the new traffic, and the fact that not all trips would necessarily utilize Highway 101, the proposed project would result in a negligible impact to the LOS of Highway 101. This is considered a less than significant impact.

Question F The proposed project would not include features that have the potential to conflict with any policy, plan, or program which supports alternative transportation. No impact would occur

Question G The proposed project would not alter existing roadways or result in a change in air traffic patterns. No impact would occur.

Findings Impacts to transportation and circulation as a result of the proposed project are considered less than significant.

3.15.3 References

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

Marin Country Club, 2009. Available online at: http://www.marincountryclub.com/. Accessed on April 3, 2009.

Analytical Environmental Services 3.15-3 Marin Country Club - Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 3 City of Novato Environmental Checklist Utilities and Service Systems

3.16 UTILITIES AND SERVICE SYSTEMS

3.16.1 Setting

The Marin Country Club (MCC) is located within the service boundaries of the North Marin Water District (NMWD). The NMWD supplies about 95 percent of the City of Novato with potable water supplies and receives most of its water from the Russian River (City of Novato, 1996). The MCC currently purchases NMWD water and would continue to have the option to purchase NMWD water under the proposed project.

The Novato Sanitary District (NSD) provides wastewater collection, treatment and disposal services for the City of Novato. The majority of all collection is through gravity sewer mains. Treatment is provided at the Ignacio Treatment Plant and the Novato Treatment Plant. Treated wastewater from these plants is pumped in the summer to an approximately 900-acre reclamation area. In winter, excess effluent is pumped directly into San Pablo Bay when allowed by NSD's permit (City of Novato, 1996).

The City of Novato manages stormwater drainage within the Novato City limits. Private developers are responsible for construction of storm drainage facilities within privately funded projects. Facilities are dedicated to the City of Novato when they are completed and accepted. Private developers also make payments to the City of Novato and Marin County Flood Control and Water Conservation District for storm drainage services. The Arroyo San Jose watercourse transects the southern portion of MCC and receives flows via stormwater runoff discharges from adjacent residential areas through a system of 48 culverts along the drainage within the golf course. The MCC currently operates six reservoirs on Arroyo San Jose.

The NSD has granted a franchise to Novato Disposal Service for the collection and disposal of solid waste in the city (City of Novato, 1996). Redwood Sanitary Landfill, located approximately three miles north of the City of Novato, receives nearly all solid waste generated in the City of Novato (4City of Novato, 1996).

3.16.2 Impacts and Mitigation Measures

Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Would the project: a) Exceed wastewater treatment requirements of the " " "  applicable Regional Water Quality Control Board?

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b) Require or result in the construction of new water or " " "  wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts?  c) Require or result in the construction of new storm " " " water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts? d) Have sufficient water supplies available to serve the " "  " project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater " " "  treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted " "  " capacity to accommodate the project’s solid waste disposal needs? g) Comply with Federal, State, and local statutes and " "  " regulations related to solid waste?

Questions A, B and E No new wastewater would be generated as a result of the proposed project, and no new or expanded wastewater or water treatment facilities would be required. Under the proposed project, the MCC would continue to have the option to purchase NMWD water, as currently occurs. No impact would occur.

Question C The proposed project would not result in the construction of new facilities to mange stormwater runoff at the MCC. However, proposed Reservoir 6 would be located on Arroyo San Jose and would collect stormwater runoff flows, up to an additional four acre-feet of water over existing conditions. When water is not being collected in the reservoir it would flow downstream, as under current conditions. This is considered a less than significant impact.

Question D Approval of Applications 31655 and 31656 by the State Water Resources Control Board would result in the issuance of appropriative water rights permits pursuant to Water Right Applications 31655 and 31656. Under the proposed project, the MCC would continue to have the option to purchase NMWD water and pump groundwater, as currently occurs. This is considered a less than significant impact.

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Questions F and G Solid waste generated by the proposed project would be limited to that which would result from construction of Reservoir 6. The proposed project has the potential to generate only a small amount of excavated earth, which to the extent necessary would be used in the construction of the new dam embankment. Excess excavated material would be hauled offsite during construction. Redwood Sanitary Landfill receives solid waste generated within the City of Novato, and could accommodate the waste generated through construction of Reservoir 6. The proposed project would not conflict with government regulations concerning the generation, handling or disposal of solid waste. This is considered a less than significant impact.

Findings Impacts to utilities and service systems as a result of the proposed project are considered less than significant.

3.16.3 References

City of Novato, 1996. City of Novato General Plan. Community Development Department. Adopted by Novato City Council on March 8, 1996. Last Revision March 25, 2004.

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3.17 MANDATORY FINDINGS OF SIGNIFICANCE

Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact

a) Does the project have the potential to degrade the quality of the "  " " environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?

b) Does the project have impacts that are individually limited, but "  " " cumulative considerable? (“Cumulative considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?

b) Does the project have environmental effects, which will cause " "  " substantial adverse effects on human beings, either directly or indirectly?

Questions A-C As discussed throughout Chapter 3, the proposed project has a potential to degrade the quality of the environment by adversely impacting air quality and greenhouse gas emissions, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and noise. However, with implementation of the mitigation measures included in the proposed project, potential impacts would be reduced to a less than significant level. Potential adverse environmental impacts in combination with the impacts of other past, present, and future projects, could contribute to cumulatively significant effects on the environment. However, with implementation of mitigation measures included in the proposed project, the proposed project would avoid or minimize potential impacts and would not result in cumulatively considerable environmental impacts. No potentially significant adverse affects to humans have been identified.

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Chapter 4 Mitigation Measures

The following section summarizes mitigation measures required to mitigate all identified potentially significant impacts to a level of less-than-significant level. These mitigation measures and their implementation are considered conditions of project approval.

AIR QUALITY

Mitigation Measure 3.3-1 At a minimum, the following Best Management Practices (BMPs) shall be specified on construction plans and implemented during construction to reduce construction-related emissions:

 Water all active construction areas at least twice daily;  Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard;  Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;  Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and  Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.

BIOLOGICAL RESOURCES

Mitigation Measure 3.4-1 To avoid impacts to the northwestern pond turtle (NWPT), the Applicant shall hire a suitable wildlife management professional to remove all red-eared slider turtles (REST) from all of the aquatic habitats within the project site. In addition to the REST removal efforts, the Applicant shall print an educational/public awareness brochure about the invasive and exotic nature of REST. These brochures will be displayed at several locations (e.g., clubhouse) onsite.

Construction shall commence as early as possible during the dry season (approximately July 15 through October 1) to avoid nesting NWPT.

Prior to the onset of construction activities and no more than five days before the start of construction, a qualified biologist shall conduct a focused survey for NWPT, its nests, and/or its eggs within all areas that are within 50 feet of the construction area. The qualified biologist shall

Analytical Environmental Services 4-1 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 4 City of Novato Mitigation Measures probe any mud within the survey area to ensure submerged turtles are detected if present. If no NWPT, eggs, or nests are observed, then construction activities may begin. If NWPT is observed within the survey area, the qualified biologist shall capture the turtles and transport them to an area of equally suitable habitat within the project site. If eggs and/or nests are observed within the survey area, construction shall be delayed until all eggs have hatched and the qualified biologist determines that the nests are no longer occupied.

Prior to the onset of construction activities the qualified biologist shall facilitate the installation of high visibility exclusionary fencing at either end of the proposed construction area in order to prevent NWPT from entering the construction site.

The qualified biologist shall conduct a construction worker awareness training prior to the start of work to educate the construction workers about NWPT and working in areas that are occupied by special status species. The biologist will also teach the construction workers how to identify NWPT should they encounter them during construction activities. A qualified biologist shall be present onsite during all construction activities to act as a construction monitor.

The Applicant shall install at least three to five large rocks and/or logs for basking into each of the ponds onsite (including the newly constructed pond) to enhance the aquatic habitat for NWPT. In addition, the Applicant shall continue to allow some emergent vegetation to grow along the banks of the ponds up to the fairway’s edge, as illustrated in the photographs in Appendix G of the Biological Resources Assessment (AES, 2009). Vegetation management shall be conducted consistent with current practices; continued mechanical grooming (e.g. with a lawn mower) up to the fairway edge adjacent to the ponds is permitted, while any vegetation management activities along the pond banks shall be conducted by hand or with a hand-held tool (e.g. weed wacker).

No pesticides and/or fertilizers shall be used along the pond banks, unless they are registered and appropriate for use in waters. Continued operation and maintenance activities within the fairways are permitted.

Mitigation Measure 3.4-2 To avoid impacts to white-tailed kite and nesting migratory bird species, a qualified biologist shall conduct a pre-construction survey for the purpose of identifying nesting bird species prior to tree removal, if tree removal activities are to occur between February 1 and September 30. The pre-construction survey will include all potential nesting habitat within 500 feet of proposed tree removal activities. The survey shall be conducted no more than 14 days prior to the beginning of tree removal activities. If an active raptor or migratory bird nest is found during the pre-construction survey, the Applicant shall notify the California Department of Fish and Game (CDFG). If an active raptor nest is found during the pre-construction survey, a 500-foot no-

Analytical Environmental Services 4-2 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 4 City of Novato Mitigation Measures disturbance buffer shall be established and maintained around the nest until all young have fledged. If an active nest of any other migratory or non-migratory bird is found, a 250-foot buffer shall be established around the nest until all young have fledged.

Mitigation Measure 3.4-3 No work shall commence until a use permit is issued from the City of Novato for riparian zone impacts and until a signed copy of a Streambed Alteration Agreement between CDFG and the Applicant is filed with the City. Compliance with the terms and conditions of the agreement is the responsibility of the Applicant. If a Streambed Alteration Agreement is not necessary for this project, the Applicant shall provide the City of Novato a copy of a waiver signed by CDFG.

A copy of a formal wetland delineation map verified by the U.S. Army Corps of Engineers (USACE) shall be submitted to the City of Novato and CDFG within 30 days of verification by USACE. No work shall commence and no discharge of any dredged or fill material within waters of the U.S. shall occur until the appropriate Department of the Army permit is obtained from USACE. Stream and wetland impacts shall be mitigated by preservation and enhancement of existing streams and wetlands at a minimum ratio of 1:1 acres created versus impacted and 2:1 acres restored versus impacted; mitigation is contingent on final approval from the USACE and would occur onsite adjacent to the area of impact, to the extent feasible. Copies of all permits issued by USACE shall be submitted to the City of Novato within 180 days of issuance.

Mitigation, maintenance and monitoring within the Stream Protection Zone shall be conducted consistent the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated July 2010 and prepared by Analytical Environmental Services, which includes tree replacement measures, a NWPT habitat enhancement program, an invasive species removal program, and a pesticide limitation program. The Plan includes a 10-year monitoring requirement. Data collected during the monitoring visits shall be summarized in an annual monitoring report and the annual report shall be submitted to the City. The Plan will be considered successful when at the end of the 10-year monitoring period the trees have achieved an overall 80 percent success rate. If survival of the plantings is determined to be below 80 percent after any of the monitoring events, additional trees shall be planted in order to maintain an 80 percent success rate.

Mitigation Measure 3.4-4 Under all bases of right, the Applicant shall bypass a minimum of 2.62 cubic feet per second (cfs) at Point of Diversion 1 during the period from October 1 through June 30. Under all bases of right, the Applicant shall bypass the total streamflow from July 1 through September 30. The total streamflow shall be bypassed whenever it is less than 2.62 cfs.

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Mitigation Measure 3.4-5 Consistent the report titled “Arborist Report, Marin Country Club Water Facility Project” dated September 2010 and prepared by Analytical Environmental Services, native and heritage trees impacted as a result of the project shall be mitigated for at a ratio of 3:1 (trees replanted to trees removed). This will result in no less than 36 replacement trees. One hundred percent of the impacted trees shall be replaced onsite. Tree replacement shall include the same native species as those removed. The replacement trees shall be monitored annually for a period of 10 years as part of the Stream Management Plan. A success rate of 80 percent shall be maintained for the replacement trees. If survival of the trees is determined to be below 80 percent after any of the monitoring events, additional trees shall be planted in order to maintain an 80 percent success rate of at least 29 trees. Maintenance and monitoring shall be conducted consistent with the report titled “Stream Management Plan, Marin Country Club Water Facility Project” dated July 2010 and prepared by Analytical Environmental Services for the project

Disturbance of the soil within the protected zone of the trees (or the radius from the trunk of the tree to the point on the canopy farthest from the trunk plus one foot) within the vicinity of construction-related activities shall be minimized to the extent feasible to the area and shortest amount of time necessary for construction of the pond. A minimum of four inches of mulch should be laid within the driplines of any trees to be preserved if construction equipment is to be stationed or operated within these driplines during construction activities. In the immediate vicinity of tree removal and construction activities, pennant streamers/runway flagging shall surround the portion of the stream zone not scheduled to be disturbed. No encroachment into the flagged-off areas shall be permitted and flagging shall remain in place until all construction activities have ceased. If it is necessary to sever tree roots outside of the flagged area, they should be severed cleanly and kept moist. If roots are severed during the dry season, an irrigation plan shall be developed and implemented for the duration of the dry season to reduce the impacts to the tree. The roots shall be covered with protective material such as burlap, mulch, or plywood until they are covered with soil. The area around the roots shall be backfilled as soon as possible and the area kept moist for the duration of the construction activities.

CULTURAL RESOURCES

Mitigation Measure 3.5-1 Should any buried archeological materials be uncovered during project activities, such activities shall cease within 100 feet of the find. Prehistoric archeological indicators include: obsidian and chert flakes and chipped stone tools; bedrock outcrops and boulders with mortar cups; ground stone implements (grinding slabs, mortars and pestles) and locally darkened midden soils containing some of the previously listed items plus fragments of bone and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic and metal objects; milled and split lumber; and structure and feature remains such as building foundations, privy

Analytical Environmental Services 4-4 Marin Country Club – Water Facility Project September 2010 Initial Study/Mitigated Negative Declaration Chapter 4 City of Novato Mitigation Measures pits, wells and dumps; and old trails. The Lead Agency shall be notified of the discovery and a professional archeologist shall be retained to evaluate the find and recommend appropriate treatment measures. Project-related activities shall not resume within 100 feet of the find until all approved mitigation measures have been completed.

Section 7050.5 of the California Health and Safety Code states that it is a misdemeanor to knowingly disturb a human grave. If human graves are encountered, work should halt in the vicinity and the Marin County Coroner should be notified immediately. At the same time, an archaeologist should be contacted to evaluate the find. If human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification.

GEOLOGY AND SOILS

Mitigation Measure 3.6-1 No encroachment, grading, or construction permit shall be issued until the Applicant has submitted to the City and had approved a written BMP plan whose terms and conditions shall be incorporated into the permit and be binding upon the Applicant.

HAZARDS AND HAZARDOUS MATERIALS

Mitigation Measure 3.7-1 Standard operating precautions shall be employed by the project contractor to prevent accidental release of fuels or other hazardous materials. In the event that contaminated soil and/or groundwater or other hazardous materials are generated or encountered during construction, all work shall be halted in the affected area and the type and extent of the contamination will be determined. A qualified professional, in consultation with the appropriate regulatory agencies, shall develop an appropriate method to remediate the contamination. If necessary, the Marin Country Club shall implement a remediation plan in conjunction with continued project construction.

Mitigation Measure 3.7-2 All construction equipment shall include spark arresters in good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws.

During construction, staging areas, welding areas, or areas slated for development using spark- producing equipment shall be cleared of dried vegetation or other materials that could serve as fire fuel. To the extent feasible, the contractor shall keep these areas clear of combustible materials in order to maintain a firebreak. Safety equipment, including fire extinguishers and fire safety tools, shall be available onsite.

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HYDROLOGY AND WATER QUALITY

Mitigation Measure 3.8-1 Prior to commencement of construction, the Applicant shall file a report pursuant to Water Code Section 13260 and shall comply with all waste discharge requirements imposed by the San Francisco Bay Regional Water Quality Control Board.

All earth work within the Stream Protection Zone shall be conducted only between April 15 and October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis. BMPs for erosion control shall be implemented to ensure water quality of the Arroyo San Jose prior to and during construction of the new pond (including necessary measures at construction entrances and staging areas). Temporary erosion control measures, such as silt fences, staked straw bales, fiber rolls and mats, shall be installed in disturbed areas. If needed, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis. All disturbed areas shall be revegetated by October 15. If necessary, extensions of this time may be granted by the City Engineer on a case-by-case basis.

To prevent potential impacts to water quality from future golf course or other activities within the Stream Protection Zone, the Applicant shall avoid removal of vegetation immediately adjacent to the stream banks except for exotic, invasive species or other vegetation identified in the adopted Stream Management Plan. Native landscape plantings shall be maintained to provide a vegetated streamside buffer and absorb sediment and chemical constituents, and provide a zone for rainfall infiltration to the creek channel. Pesticides and/or fertilizers used within the stream banks shall be registered with the EPA and appropriate for use in waters. Application of pesticides shall be performed by a licensed pesticide applicator. Application of chemicals shall be avoided during rainy and/or windy weather to the maximum extent feasible. Continued operation and maintenance activities within the fairways are permitted.

NOISE

Mitigation Measure 3.11-1 The construction schedule for the proposed project shall be adjusted so that all work within the Marin Country Club is performed between the hours of 7 a.m. and 6 p.m., Monday through Friday.

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