NMFS
Letters from the U. S. National Marine Fisheries Service:
September 11, 2000 -|- December 14, 2000
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
National Marine Fisheries Service
Southwest Region
777 Sonoma Avenue, Room 325
Santa Rosa, California 95404
September 11, 2000
F/SW03:GRS
Steve Solomon, Senior Planner
City of Berkeley
2120 Milvia Street
Berkeley, California 94704
Dear Mr. Solomon:
Thank you for the opportunity to comment on the draft Environmental Impact Report for the Congregation Beth El Synagogue and School at 1301 Oxford Street, Berkeley, California (DEIR). The DEIR provides an analysis of the potential effects of the proposed construction of a new synagogue and school on a 2.16-acre site that includes a portion of Codornices Creek.
The National Marine Fisheries Service (NMFS) is responsible for the management, conservation, and restoration of anadromous fish species listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The DEIR and other available information indicate that the threatened Central California Coast steelhead (Oncorhynchus mykiss) may occur in Codornices Creek at the project site. In addition, the project site may be within designated critical habitat for this species. Critical habitat for Central California Coast steelhead includes all river reaches and estuarine areas accessible to listed steelhead in coastal river basins from the Russian River to Aptos Creek, California (inclusive), and drainages of San Francisco and San Pablo Bays (65 FR 7764).
Although the current status of the steelhead population within Codornices Creek is unknown, information prepared by Rich (2000) and Hagar (1999) agree that the creek historically sustained a population of steelhead. They also agree that under existing conditions portions of creek Provide good habitat for steelhead and trout. Rich (2000) indicates the Live Oak Park reach of Codornices Creek immediately downstream of the project site provides the best habitat on the stream. The DEIR on page 4.6-14 describes the open portion of Codornices Creek on the project site as containing gravel substrate, some instream woody debris, cover from overhanging vegetation along the banks and in the creek, riffle habitat, and some shade from the canopy. This describes good conditions for trout and steelhead, but the DEIR concludes "...the habitat within the project area offered little in the way of appropriate trout habitat". This conclusion is inconsistent with the description of existing habitat conditions.
Regarding the culverted portion of the creek within the project area, the NMFS has concerns regarding fish passage and future stream restoration opportunities. Rich (2000) describes the downstream end of the culvert as a "...definite barrier to fish migration..." while Hagar (1999) concludes that under higher flow conditions steelhead may be able to leap into the culvert. Conditions for upstream fish passage at the culvert probably vary depending on streamflow and may vary annually with channel configuration. However, it is clear that the existing culvert is impediment to steelhead passage in Codornices Creek. A full or partial barrier to migration, this structure adversely impacts threatened steelhead and its continued operation may constitute "take" of a listed species as defined by section 3 of the ESA. The proposed project is flawed, by relying upon the continued operation of this existing culvert that impedes fish passage in Codornices Creek. In addition, the paving over of the culverted portion of Codornices Creek for the project's parking and traffic plan will have the effect of foreclosing upon future opportunities to restore this reach of stream.
The DEIR on page 4.5-13 indicates the creek bank modification plan in the project proposal will require permitting by the U.S. Army Corps of Engineers (Corps) pursuant to section 404 of the Clean Water Act. Due to the construction of three gabion walls, recountering of the creek banks. and the placement of rock at the toe of the channel slope on both banks, this project may effect listed steelhead and/or designated critical habitat. Therefore, the Corps will be obligated pursuant to section 7(a)(2) of the ESA to consult with the NMFS prior to granting authorization under a Nationwide Permit. During this consultation, the fish passage problem at the existing culvert and future creek restoration opportunities must be considered by NMFS and the Corps as interrelated and interdependent effects of the proposed action. In consideration of recent efforts to restore other reaches on Codornices Creek, the need to address fish passage at the existing culvert for listed steelhead, and the City of Berkeley's Creek Ordinance which encourages the removal of culverts (Chapter 17.08. Section 17.08.020.F), I strongly encourage the applicant and City of Berkeley to pursue an alternative that will allow for unimpeded fish passage and restoration of the stream channel on the project site such as the "creek daylighting" alternative presented in the DEIR and Technical Appendix TA-9. The NMFS Southwest Region has developed draft guidelines for salmonid passage at stream crossings that can aid in the development of a revised plan for the Codornices Creek portion of the proposed project (draft stream crossing guidelines attached and available on the Web at http://swr.ucsd.edu/habitat.htm).
NMFS fish passage engineers and biologists are available to assist with stream crossing and stream restoration designs for this project. In addition, financial and technical assistance may bc available through the CALFED Bay-Delta Program. CALFED is a cooperative, interagency effort of 15 state and federal agencies with management or regulatory responsibilities for the Bay-Delta. The CALFED Ecosystem Restoration Program typically solicits proposals on an annual basis for projects to improve the health of the Bay-Delta ecosystem. Recovery of steelhead through habitat restoration and enhancement is a primary CALFED Program goal. Please contact Ted Frink, the program manager for the CALFED Fish Passage Improvement Program, at 916-327-1757 for additional information.
As Berkeley's most "natural" creek system and the community's interest in restoring this creek, Codornices Creek offers a unique opportunity for restoration of a steelhead stream in Berkeley. The vast majority of small drainages of San Francisco Bay are highly urbanized and restoration opportunities are limited. Although Codornices is only one small creek, the restoration of habitat and reestablishment of sustained Populations of steelhead in numerous small and large watersheds around the Bay will increase population viability and provide for the recovery of the species. I recommend this project be designed to address the existing fish passage problem in the project area and further restoration goals established for Codornices Creek.
If you have questions concerning these comments or request technical assistance regarding the stream portion of the project, please contact Mr. Gary Stern of my staff at (707) 575-6060.
Sincerely,
Patrick Rutten
Northern California Supervisor
Protected Resources Division
Enclosure
cc: Jim Lecky - NMFS PRD, Long Beach
Calvin Fong - SF District Corps Regulatory Program
Ted Frink - CALFED Fish Passage Improvement Program
September 11, 2000 -|- December 14, 2000
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
National Marine Fisheries Service
Southwest Region
777 Sonoma Avenue, Room 325
Santa Rosa, California 95404
December 14, 2000 F/SW03:GRS
Alan Gould
Stream Protection Coordinator
Live Oak-Cordomices Creek Neighborhood Association
1256 Spruce Street
Berkeley, California 94709
Dear Mr. Gould:
Thank you for your letter of December 6, 2000, regarding the restoration of steelhead in Berkeley's Codornices Creek. The National Marine Fisheries Service (NMFS) strongly encourages community-based efforts such as the Live Oak-Codornices Creek Neighborhood Association (LOCCNA) to protect and restore stream habitat for steelhead and other native aquatic species.
As indicated in your letter, a site visit by NMFS and the California Department of Fish and Game on November 28, 2000, did identify some potential steelhead habitat upstream and downstream of the 1301 Oxford Street project site. The NMFS is interested in evaluating the restoration of steelhead in Codornices Creek, as well as other tributaries to San Francisco Bay.
To proceed with an evaluation of the steelhead restoration potential in Codornices Creek, additional information is needed. Specifically, I recommend detailed habitat surveys be conducted in the creek from San Francisco Bay to the Berkeley Rose Garden. The surveys should be designed to identify and quantify steelhead rearing habitat, spawning habitat, and barriers to fish passage. Additionally, barriers to fish passage, such as the 500 foot-long culvert between Milvia Street and Shattuck, should be evaluated to determine the type and cost of modifications required for upstream passage of adult steelhead. Existing streamflow and water temperature information will also assist in evaluating the creek's restoration potential for steelhead. If LOCCNA chooses to proceed with these studies, my staff is available to review a draft scope of work.
If you have questions concerning these comments, please contact Mr. Gary Stem of my staff at (707) 575-6060.
Sincerely,
Patrick Rutten
Northern California Supervisor
Protected Resources Division
cc: Jim Lecky - NMFS PRD, Long Beach
Dennis McEwan, DFG