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AUGUSTIN BERNAL MOUNTAIN BIKE TRAIL PROJECT DRAFT INITIAL STUDY delegated by the State Water Resources Control Board to the nine regional boards.The San Francisco Bay Regional Water Quality Control Board has authority for Section 401 compliance in the project area. A request for certification is submitted to the Regional Water Quality Control Board while an application is filed with the U.S.Army Corps of Engineers. California Fish and Game Code Section 3503 of the California Fish and Game Code states that it is unlawful to take, possess,or needlessly destroy the nests or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto.Section 3503.5 protects all birds of prey(raptors)and their eggs and nests.Section 3511 states that fully protected birds or parts thereof may not be taken or possessed at any time.Section 3513 states that it is unlawful to take or possess any migratory non-game bird as designated in the Migratory Bird Treaty Act. Local Pleasanton General Plan Conservation and Open Space Element Following are relevant goals, policies, and programs from the Pleasanton General Plan Conservation and Open Space Element(City of Pleasanton 2009b). Goal 1: Practice sustainability to preserve and protect natural resources and open space. Goal 2: Preserve and enhance the natural resources of the Planning Area, including plant and wildlife habitats, heritage trees,scenic resources,and watercourses. Policy 1: Preserve and enhance natural wildlife habitats and wildlife corridors. • Program 1.3: Preserve and enhance the resource value of wetlands through project development design measures. These measures should be based in part on jurisdictional wetlands delineation in accordance with current Army Corps of Engineers criteria,for projects which are known to have or that may have wetlands present within their boundaries. • Program 1.6:Analyze potential impacts on wildlife populations and habitats before developing projects, usingthe California Environmental Quality Act(CEQA)process or other processes,as relevant. • Program 1.7: Minimize active recreation-sports, games, exercising, and fishing-within natural habitat areas. Permit passive recreation such as hiking, bicycling, horseback riding, nature and cultural resource study, photography,and picnicking. • Program 1.8: Design site sensitive recreation or interpretive facilities to minimize intrusion within natural public open space. Limit public access, including hiking trails, into sensitive habitat areas, when warranted. • Program 1.9: Plant native species wherever possible in public and private landscaping, and provide wildlife habitat in new landscaping,where appropriate. 12956 DUDEK 40 April 2022