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Biological Resources Site Assessment Report Hana Japan Steak House Project Site, Pleasanton, California APN: 941-1710-101 Page 6 4.3.1 APPLICABILITY TO THE PROPOSED PROJECT The closest CNDDB record for this species is from 1932 and is located approximately 3.0 miles southeast of the project site (Occurrence #17); however, until the recently proposed listing of this bumble bee, few people have surveyed for this species in recent years and there are few new occurrences discovered. A few rodent burrows were observed during the site survey which could provide nesting habitat and the ruderal herbaceous vegetation on the project site could provide suitable nectar and pollen resources for this species. Although this site is small and situated in a developed area with low amounts of floral resources, the California poppy (Eschscholzia californica) was observed within this field and is a nectar/pollen source for this species. Common thistles are also a floral resource. Although Crotch’s bumble bee is unlikely to occur on the project site, this species cannot be entirely discounted without preconstruction surveys to rule out its presence. To minimize the take of Crotch’s bumble bees, a qualified entomologist shall conduct take avoidance surveys for active bumble bee colony nesting sites in any previously undisturbed area prior to the start of construction if the work will occur during the flying season (March through August). CDFW recommends a minimum of three surveys, each survey a week apart, prior to concluding the bee is absent. Therefore, impacts to Crotch’s bumblebee are regarded as potentially significant pursuant to the CEQA. Mitigation could be implemented to reduce these impacts to a level regarded as less than significant pursuant to the CEQA. 5. WATERS OF THE U.S./STATE In the Federal Register "waters of the United States" are defined as, “...all interstate waters including interstate wetlands...intrastate lakes, rivers, streams (including intermittent streams), wetlands, [and] natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce...” (33 CFR Section 328.3). Wetlands are defined as: “...those areas that are inundated or saturated by surface or ground water at a frequency and duration to support a prevalence of vegetation adapted for life in saturated soil conditions” (33 CFR Section 328.8 [b]). Wetlands usually must possess hydrophytic vegetation (i.e., plants adapted to inundated or saturated conditions), wetland hydrology (e.g., topographic low areas, exposed water tables, stream channels), and hydric soils (i.e., soils that are periodically or permanently saturated, inundated or flooded) to be regulated by the Corps pursuant to Section 404 of the Clean Water Act. 5.1 Applicability to the Proposed Project There are no aquatic resources on the project site that would be regulated by the Corps pursuant to Section 404 of the Clean Water Act or the California Regional Water Quality Control Board pursuant to Section 401 of the Clean Water Act or the Porter-Cologne Water Quality Control Act. No seasonal wetlands or other waters were observed onsite or immediately adjacent to the project site that could be affected by project development. 6. RECOMMENDATIONS AND MITIGATION MEASURES There are no waters of the U.S./State on the project site. There is an absence of natural habitats on the project site, and the site only supports ruderal (weedy), herbaceous vegetation. However, due to the project site’s proximity to an oak woodland, the presence of California ground squirrel burrows, and floral resources onsite, M&A recommends surveys prior to site work for nesting birds, Western Burrowing Owl, and Crotch’s bumble bee. If any of these species are found, the following mitigation measures would be required: