To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Agreement for Sale of Conservation Credits between the County and Collier Creek Mitigation Land, LLC, unincorporated San Ramon area
Recommendation: Recommendation of the County Administrator
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Agreement for Sale of Conservation Credits between the County and Collier Creek Mitigation Land, LLC for the County’s purchase of Enhanced Riparian Woodland habitat credits from the Cayetano Creek Mitigation Bank in the amount of $814,000 for project impacts associated with the Norris Canyon Road Slide Repair Project in the unincorporated San Ramon area, as recommended by the Public Works Director. (District II) [County Project No. 0662-6U4029/Federal Project No. ER-15J7(191)]
FISCAL IMPACT:
Estimated Project cost: $5,600,000. 45% Federal Emergency Relief Funds, 55% Local Road Funds.
BACKGROUND:
On August 5, 2025, the Board approved the Norris Canyon Road Slide Repair Project and made related findings under the California Environmental Quality Act (CEQA). The purpose of this project is to repair an embankment failure and reconstruct the roadway to restore two-way traffic to a stretch of Norris Canyon Road that was damaged during the 2023 winter storm events. The roadway will be repaired by constructing a soldier pile retaining wall, installing roadway drainage systems, reconstructing the roadway base and surface, completing associated site grading, and installing guardrails, rock slope protection, and erosion control measures.
The project will impact a total of 0.25 acre to riparian habitat along San Catanio Creek. Permanent impacts to 0.08 acre are from road widening, soldier pile wall, roadside swale outfall, rock bank armoring as well as the removal of 32 trees and temporary impacts to 0.17 acre are from grading and access areas to construct the project. The California Department of Fish and Wildlife and Regional Water Quality Control Board require that these impacts be mitigated on-site, off-site, or from a mitigation bank. Considering the infeasibility of on-site and off-site mitigation, the agencies approved the purchase of mitigation credits from a California Department of Fish and Wildlife and Regional Water Quality Control Board approved mitigation bank at a 5:1 ratio for permanent impacts and 2:1 ratio for temporary impacts to compensate for these impacts, resulting in a total of 0.74 acre credits from the Cayetano Creek Mitigation Bank for a total of $814,000 to satisfy this requirement.
CONSEQUENCE OF NEGATIVE ACTION:
If the execution of the Agreement for Sale of Conservation Credits is not approved by the Board of Supervisors, the project would not be in compliance with the California Department of Fish and Wildlife Streambed Alteration Agreement and Regional Water Quality Control Board 401 Certification for the project.