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City of Pleasanton—Merritt Property Project <br />Consistency Checklist 15183 Consistency Checklist <br /> <br /> <br />66 <br />impacts to the oak woodland habitat would occur in the southwestern <br />portion of the project site, where trees would be removed to accommodate <br />the widening of Foothill Road. A small portion of the oak woodland/riparian <br />habitat along the southern boundary would also be impacted by the <br />placement of future homes. Potential impacts to the oak woodland habitat <br />would be reduced with implementation of on-site mitigation measures. <br />Consistent with the City’s Urban Forest Management Plan, oak woodland <br />habitat approved for removal may be mitigated through: (1) payment <br />toward the City’s urban forestry fund, or (2) replacement planting with an <br />appropriate quantity and size of trees. Approval of the proposed project <br />would be conditioned upon compliance with recommendations provided in <br />the project-specific BRA (MM BIO-1). The removed trees would be replaced <br />at a minimum of 1:1 ratio for the impacted oak woodland. This includes <br />avoidance and minimization measures to riparian habitat. Implementation of <br />these conditions, including general avoidance and minimization measures, <br />would ensure that any potential biological resource impacts remain less than <br />significant as described in the Housing Element Update FEIR. <br />c) State or Federally Protected Waters and Wetlands <br />Would the project: Have a substantial adverse effect on State or federally protected <br />wetlands (including, but not limited to, marsh, vernal pool, coastal, <br />etc.) through direct removal, filling, hydrological interruption, or <br />other means? <br />Summary of Housing Element Update FEIR <br />The Housing Element Update FEIR indicated that wetlands are found <br />throughout the Planning Area and on some of the sites which were rezoned. <br />Therefore, individual development projects consistent with the Housing <br />Element Update could result in impacts to State and federally protected <br />waters and wetlands. <br />Although subsequent projects may impact protected wetlands, the <br />regulatory process that is established through Section 404 of the CWA would <br />ensure that there is “no net loss” of protected wetlands. Section 401 of the <br />CWA (33 United States Code [USC] § 1341) requires an applicant who is <br />seeking a 404 permit to also obtain a water quality certification from the <br />Regional Water Quality Control Board (RWQCB), which must indicate that the <br />proposed fill is consistent with the standards set forth by the State and <br />confirm that any discharge into regulated wetlands comply with applicable <br />water quality standards.