Tasman East Light Rail Project Environmental Assessment

Prior to construction, the Project proponent shall apply for a permit from the ACOE. The Project proponent will comply with the conditions of the permit.

In addition to the conditions contained in the ACOE permit, the Project proponent will comply with the following additional recommendations. A detailed plan will be created for construction of the mitigation site that includes excavation elevations, location of hydrologic connections and soil amendments, if necessary. Maintenance and monitoring plans will be prepared in consultation with a qualified habitat restoration specialist. Constructed habitats will be monitored for a period of 5 years and the site should achieve the target jurisdictional acreage by Year 5. Specific performance criteria will be determined and monitored for site success. Monitoring reports will be provided annually to the VTA, ACOE, RWQCB and CDFG. (Less Than Significant Impact With Mitigation)

Prior to construction the Project proponent shall apply for and obtain a Streambed Alteration Agreement from CDFG. The Project proponent shall comply with all conditions of the Agreement.

1. No equipment will be operated in the live stream channel.

2. When work in a flowing stream is unavoidable, any stream flow shall be diverted around the work area by a barrier, temporary culvert or a new channel capable of permitting upstream and downstream fish movement.

3. Construction of the barrier or the new channel shall normally begin in the downstream area and continue in an upstream direction and the flow shall be diverted only when construction of the diversion is completed.

4. No debris, soil, silt, sand, bark, slash, sawdust, cement, concrete, washings, petroleum products or other organic or earthen material shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State. (Less Than Significant Impact With Mitigation)

Construction within and along the channel shall be restricted to the dry season (June 1 - October 15, or as arranged with NMFS), the period in which there is minimal water in the channel and in which movement of these species within the Project area is expected to be minimal.

If dewatering of the site occurs, water shall be diverted through the site by way of an open ditch (rather than a pipe) connecting the portions of Penitencia Creek immediately upstream and downstream from the site. This plastic-lined ditch shall be lined also with cobble-sized stones to deter predation by making the trout less conspicuous as they pass through the channel. Water within the ditch shall be at least 12 inches deep, and no impediments to movement, such as high drop structures, shall be present. Alternatively, portable fish ladders may be used on the faces of cofferdams to allow fish to move through the site.

Any concrete poured during widening of the bridge over Penitencia Creek shall be completely dried before it comes into contact with creek waters. (Less Than Significant Impact With Mitigation)

If owls are resident within 250 feet of the Project area during the nonbreeding season, a qualified ornithologist, in consultation with CDFG, shall passively relocate (evict) the owls to avoid the loss of any individuals if the owls are close enough to Project areas that they or their burrows could potentially be harmed by Project activities. (Less Than Significant Impact With Mitigation)

VTA will design trackway to allow flood level sheetflow to cross Capitol Avenue. There will need to be a 50% opening in the header wall for a 400 foot stretch between Moorbrook Drive and Berryessa Road (station 835+50 to 839+50) and a 200-foot stretch north of Berryessa Road (station 828+00 to 830+00). This may be accomplished with alternating foot-long breaks along the header wall. Hardscape in landscaped areas will allow sheetflow. The trackway will be designed to minimize contamination of the ballast by the sheetflow. Design will maintain CPUC safety standards for partially separated right of way. (Less Than Significant Impact With Mitigation)

1. Immediately stop work in the vicinity of the suspected contaminant, and remove workers and the public from the area;
2. Notify the Resident Inspector;
3. Secure the area as directed by the Resident Inspector; and
4. Notify the City of San Jose Hazardous Waste/Materials Coordinator and the San Jose Fire Department. (Less Than Significant Impact With Mitigation)

3.12-c(2) If relocation of the barn is infeasible due to structural instability or lack of cooperation by the property owner, the affected building shall be documented according to the guidelines in the Historic American Buildings Survey Guidelines for Preparing Written Historical Descriptive Data (Pacific Coast Basin Regional Office, U.S. National Park Service 1993) and the Photographic Specifications - Historic American Building Survey (U.S. National Park Service 1989). A copy of the documentation, with original photo negatives and prints, should be placed in an historical archive or history collection accessible to the general public. Four additional copies should be produced for distribution to other local and regional depositories. Distinctive and/or typical architectural features from the affected building shall be salvaged. Project impacts will be reduced commensurate with the percentage of the existing building that can be incorporated into the design for any new buildings, or otherwise preserved. (Significant And Unavoidable Impact)

Once the Traffic Management Plan is approved, the contractor shall prepare and submit traffic control plans, consistent with the Traffic Management Plan, showing in detail k-rail placement, temporary striping, on-street parking as available, placement of construction signs, use of flagmen and other such traffic and safety activities together with a daily construction schedule that will restore traffic capacity during peak periods on weekdays (the morning commute period is 7:00 to 9:00 AM and the evening commute period is 4:00 to 6:00 PM).

VTA shall assign a specific construction management VTA team to oversee construction including contractor compliance to mitigation measures such as adequate flagmen and the contractor’s City-approved traffic control plan.

VTA shall continue to use a team of public outreach staff who will be dedicated to the Capitol Corridor Light Rail Project to proactively inform the public of the ongoing progress and exceptions to the expected plans as well as respond to requests for information and assistance when impacts raise special concerns. (Less Than Significant Impact With Mitigation)

1. Water all active construction areas at least twice daily.
2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
3. Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
4. Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites.
5. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. (Less Than Significant Impact With Mitigation)

3.13-d(2) Pile-driving will be limited to the hours of 8:00 A.M. to 5:00 P.M. Monday through Friday at Penitencia Creek.

3.13-d(3) Where practical, construction operations will be restricted to minimize noise and traffic impacts in coordination with and as approved by the City of San Jose under an encroachment permit. This measure applies only at locations where there are adjacent sensitive receptors (e.g., residences).

3.13-d(4) Equipment will use available noise suppression devices and properly maintained mufflers. Construction noise will be reduced by using quiet or "new technology", equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive-train and other components.

3.13-d(5) Staging of construction equipment and unnecessary idling of equipment within (200 feet) of noise-sensitive land uses will be avoided whenever feasible.

3.13-d(6) Temporary sound fences/walls/barriers/enclosures will be erected around stationary construction equipment when such equipment will be operated for an extended period of time and where there are noise sensitive receptors substantially affected. Noise barriers and enclosures shall consist of absorptive material in order to prevent impacts upon other land uses due to noise reflection. In addition, complete enclosure structures shall close or secure any openings where pipes, hoses or cables penetrate the enclosure structure.

3.13-d(7) Notification shall be given to residents within 300 feet of major noise generating activities alerting them of planned construction activities. The notification shall also describe the noise abatement measures that will be implemented, as well as note the infeasibility of other measures that were considered but rejected. (Significant And Unavoidable Impact)