DEPARTMENT OF FISH AND GAME
http://www.dfg.ca.gov
POST OFFICE BOX 47
YOUNTVILLE, CALIFORNIA 94599
(707) 944-5500

August 30, 2000

Mr. Steve Solomon
City of Berkeley
Berkeley Permit Center
2120 Milvia Street
Berkeley, California 94704

Dear Mr. Solomon:

Congregation Beth El Synagogue and School
1301 Oxford Street
Draft Environmental Impact Report (DEIR)
City of Berkeley, Alameda County

Department of Fish and Game personnel have reviewed the above referenced document. We are providing comments regarding creek stability, vegetation, and habitat for fish and wildlife species.

Codornices Creek flows through the project area, partially above ground and partially through a culvert. The Department is interested in conservation, enhancement, and restoration of creeks in urban environments. Codornices Creek may, at times, support a variety of fish species, potentially including steelhead (Oncorhynchus mykiss), at some locations in the watershed and provides habitat for a variety of fish and wildlife species. The creek also has restoration potential that should be considered in the planning process for all projects. The Department recommends that consideration be given to present and future creek restoration possibilities, that projects incorporate enhancement and restoration actions where possible and, that projects not preclude future restoration activities.

The project proposes to maintain a minimum creek setback, recontour creek banks, and enhance the existing above ground creek corridor by planting native vegetation. The Department generally recommends a minimum 50-foot setback from top of bank to eliminate the need for rip rap, gabions, and other bank hardening structures; to provide habitat for fish and wildlife; and to reduce any potential impacts to structures. The Department discourages placement of structures close to a creek. We recommend setbacks that allow natural creek processes to occur and reduce the future potential need for bank stabilization techniques that reduce the value of the site for fish and wildlife and that may require mitigation to offset the loss of habitat. The Department recommends eliminating gabions, rip rap and other bank hardening materials, and favor more natural stabilization and restoration techniques that may include bank contouring, planting of vegetation, and other methods compatible with the circumstances of a particular creek. Placement of gabions and rip rap, as proposed in the project, will reduce creek habitat and will need to be mitigated. The Department recommends that vegetation utilized for riparian planting consist of native, locally occurring species, preferably from material that is locally collected.

Any work within the bed or banks of rivers or creeks, including road crossings and culverts, will require a Streambed Alteration Agreement from this Department. The Department has (direct jurisdiction under Fish and Game Code sections 1601-03 regarding any proposed activities that would divert or obstruct the natural flow or change the bed, channel, or bank of any stream. We recommend early consultation since modification of the proposed project may be required to avoid impacts to fish and wildlife resources. The Department will act as responsible agency for any activities altering a creek that require a Streambed Alteration Agreement.

A recent court order requires the Department, prior to entering into a 1603 agreement, to conduct an environmental review pursuant to the California Environmental Quality Act (CEQA). Therefore, because of the additional process required under CEQA which includes minimum document circulation periods, we are no longer restricted to issuing agreements within 30 days. We will still attempt to issue 1603s as soon as possible but, at this time, we are not certain how long it will take to process these applications.

If you have any questions, please contact Mr. Scott Wilson, Environmental Specialist at (707) 944-5529; or Mr. Carl Wilcox, (Conservation Manager, at (707) 944-5525.

Sincerely,

Robert W Floerke
Regional Manager
Central Coast Region