AgdaPkt 2010-01-25 clsd and regular

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6.2A Page 38 projects would be subject to federal and State regulations related to wetlands and sensitive habitats. In addition, implementation of Mitigation Measure BI0-1 through BIO-17 would reduce the Project's individual impacts to sensitive natural communities and special-status species to less than significant levels. These mitigation measures would also address the Project's contribution to bioregional effects and provide additional protection for affected biological resources, but may not reduce cumulative impacts to less-than-curnulatively- considerable levels. Cumulative impacts to sensitive biological resources could therefore be potentially significant ( cumulatively considerable). . Mitigation Measure CUM-J: Bioregional Habitat Restoration Impact CUM-2. Excavation associated with Project construction could result in the loss of topsoil. The loss of topsoil during construction could be cumulatively considerable in combination with other cumulative projects. Mitigation Measure CUM-2: Salvage and stockpile topsoil during grading IV. SIGNIFICANT IMP ACTS THAT CANNOT BE AVOIDED OR REDUCED TO A LESS- THAN-SIGNIFICANT LEVEL A. BDPL No.5 Project Impacts Based on substantial evidence in the whole record of these proceedings, the SFPUC finds that, where feasible, changes or alterations have been required, or incorporated into, the BDPL No.5 Project to reduce the significant environmental impacts listed below as identified in the Final EIR. The SFPUC finds that the mitigation measures in the Final EIR and described below are appropriate, and that changes have been required in, or incorporated into, the BDPL No. 5 Project that, pursuant to Public Resources Code section 21002 and CEQA Guidelines section 15091, may substantially lessen, but do not avoid (i.e., reduce to less than significant levels), the potentially significant environmental effect associated with implementation of the BDPL No.5 Project, as described in the Final EIR Chapters 4 and 5. The SFPUC adopts all of the mitigation measures proposed in the Final EIR and set forth in the MMRP, attached hereto as Attachment B. The SFPUC further finds, however, for the impacts listed below, despite the implementation of mitigation measures, the effects remain significant and unavoidable. Based on the analysis contained within the Final EIR, other considerations in the record, and the standards of significance, the SFPUC finds that because some aspects of the BDPL No.5 Project would cause potentially significant impacts for which feasible mitigation measures are not available to reduce the impact to a less-than-significant level, the impacts are significant and unavoidable. The SFPUC determines that the following significant impacts on the environment, as reflected in "th.~ J:<inal":E:~'" ~drC::I?~~y()"id:l1>l~, ~\lt"~d~! "P(b~blic))les9UJ;c.~"~G9.4~ "~"ecti()tl) l()~.1.(a..)(~)aI1cl(lJ)'d"". """and""CEQA""GuI e Ines.15091(a)(3)~"15092 ){2 (B);"and 15093~the SFPUCdetenninesthatthe.. impacts are acceptable due to the overriding considerations described in Section VII below. This finding is supported by substantial evidence in the record of this proceeding. Impact AES-l: Damage scenic resources through the removal of mature trees along locally designated scenic routes that contribute to a scenic public setting. The Project would cross approximately 200 feet of Pas eo Padre Parkway (Reach 5-2), an Alameda County-designated scenic route in the City of Fremont. The Project would also cross less than 100 feet of Mission Boulevard (State Highway 238) (Reach 5-1), designated by Fremont as a scenic route. In Reach 5-7, the Project would parallel approximately one mile of 28