LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA...

75
Supplemental Environmental Impact Report LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUS Ma 2010 Prepared for Livermore-Amador Valley Water Management Agency

Transcript of LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA...

Page 1: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Supplemental Environmental Impact Report

LAVWMA EXPORT PIPELINE FACILITIES PROJECT-WESTERN TERMINUS

!"#$%

Ma! 2010"""Prepared forLivermore-Amador ValleyWater Management Agency

Page 2: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

225 Bush StreetSuite 1700San Francisco, CA 94104415.896.5900www.esassoc.com

Los Angeles

Oakland

Olympia

Petaluma

Portland

Sacramento

San Diego

Seattle

Tampa

Woodland Hills

200066

Supplemental Environmental Impact Report

LAVWMA EXPORT PIPELINE FACILITIES PROJECT-WESTERN TERMINUS

!"#$%

Ma! 2010"""Prepared forLivermore-Amador ValleyWater Management Agency

Page 3: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental EIR May 2010

TABLE OF CONTENTS

Page

Acronyms and Abbreviations in the Final SEIR ii

1. Introduction 1-1 1.1 Project Background 1-1 1.2 Draft SEIR Public Review 1-2 1.3 Purpose of the Final SEIR 1-2 1.4 Requirements for Certification and Project Approval 1-3 1.5 Organization of this Document 1-3 1.6 Comments Received on Draft SEIR 1-3

2. Responses to Comments 2-1 A. California State Lands Commission 2.A-1 B. State Water Resources Control Board 2.B-1 C. East Bay Municipal Utility District 2.C-1 D. City of San Leandro Engineering and Transportation 2.D-1 E. City of San Leandro Planning Department 2.E-1 F. Heron Bay Homeowners Association 2.F-1 G. Resident, R. Brennan 2.G-1 H. Resident, R. Brennan 2.H-1 I. Resident, R. Ching 2.I-1 J. Public Hearing 2.J-1

3. Changes to the Draft SEIR 3-1

4. Report Preparers 4-1

Appendices A. Distribution List A-1

List of Tables 1-1 Commenters on Draft SEIR 1-4 1-2 Comment Issues Summary 1-5 4-1 List of Preparers 4-1 A-1 Final Supplemental Environmental Impact Report Distribution List, May 2010 A-2 A-2 Draft Supplemental Environmental Impact Report Distribution List, March 2010 A-3

Page 4: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus ii ESA / 200066.01 Final Supplemental EIR May 2010

ACRONYMS AND ABBREVIATIONS IN THE FINAL SEIR

CEQA California Environmental Quality Act

Corps United States Army Corps of Engineers

CWSRF California Water State Revolving Fund

DSRD Dublin San Ramon Services District

EBDA East Bay Dischargers Authority

LAVWMA Livermore-Amador Valley Water Management Agency

MMP Mitigation Monitoring Program

MMRP Mitigation Monitoring and Reporting Program

NOD Notice of Determination

SEIR Supplemental Environmental Impact Report

SWRCB State Water Resources Control Board

Page 5: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-1 ESA / 200066.01 Final Supplemental EIR May 2010

CHAPTER 1

1.1 Project Background The LAVWMA Export Pipeline transports treated effluent from the Livermore-Amador Valley, located approximately 30 miles east of San Francisco Bay, to the East Bay Dischargers Authority (EBDA) pipeline for discharge into the Bay. In the late 1960s, the rural area of the Livermore-Amador Valley began to develop, with growth in residential, commercial, and industrial uses leading to increased demand for wastewater treatment and disposal. In 1973, LAVWMA was formed to develop solutions for disposal needs among the member agencies which include: City of Livermore, City of Pleasanton, and Dublin San Ramon Services District (DSRSD).

In 1998, LAVWMA prepared and certified an Environmental Impact Report (EIR) for its 16-mile Export Pipeline Facilities Project. The final segment of the pipeline that connects to the EBDA pipeline at the Western Terminus of the project was analyzed in the EIR and was determined to be in sufficient condition to handle the proposed increase in disposal capacity. With the passage of time and normal deterioration, it has now has become necessary to replace the approximately 2,000-foot Western Terminus segment that connects the LAVWMA Export Pipeline with the EBDA pipeline.

The proposed Western Terminus pipeline was fully analyzed in the Final Environmental Impact Report (EIR) LAVWMA Export Pipeline (SCH No. 97072090), certified June 28, 1998. The primary purpose of the Draft SEIR was to satisfy CEQA requirements by fully disclosing any changes in impacts that may occur as a result of modifications to the project and changes in circumstances affecting the project which have been identified since certification of the 1998 EIR. When an EIR has been prepared for a project, a subsequent or supplemental environmental impact report is required only if “substantial changes” in the project or its circumstances will result in new or substantially more severe impacts that require additional analysis (CEQA, §21166). An SEIR considers the new project components and/or changed circumstances in light of the certified Final EIR already prepared for the project. The focus of an SEIR is whether the project changes, changed circumstances, or new information give rise to a significant new or substantially more severe environmental impact than was identified and analyzed in the prior EIR. Preparation of an SEIR does not “re-open” the prior certified EIR; the analysis is limited to whether those changes result in new or more severe impacts.

Page 6: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-2 ESA / 200066.01 Final Supplemental EIR May 2010

1.2 Draft SEIR Public Review On March 25, 2010, LAVWMA as the CEQA Lead Agency, released for public review the Draft SEIR for the Export Pipeline Facilities Project – Western Terminus. Appendix A in this Final SEIR provides the distribution list of individuals, organizations, and agencies that received the Draft SEIR. A 45-day public review and comment period on the Draft SEIR ended May 10, 2010. A public hearing on the Draft SEIR was held during the public review period on April 22, 2010, 6:30 p.m. – 8:30 p.m. at the Marina Community Center, 15301 Wicks Boulevard, San Leandro, California, 94579

1.3 Purpose of the Final SEIR CEQA Guidelines Sections 15086 and 15087 require a lead agency that has completed a Draft SEIR to consult with and obtain comments from public agencies that have legal jurisdiction with respect to the proposed project, and to provide the general public with opportunities to comment on the Draft SEIR. This Final SEIR has been prepared to respond to comments received from agencies and members of the public on the Draft SEIR.

The Draft SEIR for the Western Terminus Project, together with this response to comments document, constitute the Final SEIR for the project. The Final SEIR is an informational document prepared by the Lead Agency that must be considered by decision makers (including the LAVWMA Board of Directors) before approving or denying the proposed project.

LAVWMA has prepared this document pursuant Section 15132 of the CEQA Guidelines, which specifies the following:

The Final EIR shall consist of:

a. The Draft EIR or a revision of that draft.

b. Comments and recommendations received on the Draft EIR either verbatim or in a summary.

c. A list of persons, organizations, and public agencies commenting on the Draft EIR.

d. The response of the Lead Agency to significant environmental points raised in review and consultation process.

e. Any other information added by the Lead Agency.

Page 7: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-3 ESA / 200066.01 Final Supplemental EIR May 2010

1.4 Requirements for Certification and Project Approval

In accordance with CEQA, the Draft SEIR was circulated for public and agency review and comment and a 45-day public review period was provided, closing on May 10, 2010. Comments were received from State and local agencies, organizations, and individuals. A public hearing to receive public input on the Draft SEIR was held during the review period and a memorandum summarizing comments and recommendations is included in Chapter 2, Responses to Comments.

Pursuant to Section 15088 of the CEQA Guidelines, the Final SEIR is being made available to the commenting public and agencies for a minimum 10-day period prior to its consideration by the CEQA Lead Agency for certification.

The LAVWMA Board will consider the EIR for certification as complete under Section 15090 of the CEQA Guidelines. The LAVWMA Board will consider project approval; prepare and adopt written findings of fact for each significant environmental impact identified in the EIR/EIS; make a Statement of Overriding Considerations, if needed; and adopt a Mitigation Monitoring and Reporting Program. A Notice of Determination (NOD) will then be filed.

1.5 Organization of this Document This document has the following chapters:

! Chapter 1, Introduction, describes the purpose and content of the Final SEIR.

! Chapter 2, Responses to Comments, contains the comment letters received and individual responses to the comments. Responses are keyed to the individual comments as indicated in the right margin of the comment letters.

! Chapter 3, Revisions to the Draft SEIR, presents revisions to the Draft SEIR text basedon issues raised by comments, clarifications, or corrections. Additions, deletions and corrections to the Draft SEIR are made by indicating the page, and paragraph to be revised and a description of the text changes. Additions are indicated by an underline, deletions are indicated by a “strike-out” where practical.

! Chapter 4, List of Report Preparers, lists the individuals who assisted in the preparation of this Final SEIR.

! Appendix A, Distribution List, contains contact information for Final SEIR distribution.

1.6 Comments Received on Draft SEIR Table 1-1 below lists the agencies, organizations, and individuals that submitted written and oral comments on the Draft SEIR during the public review period. Table 1-2 provides the author of each comment letter, the author's affiliation, a letter designation of each author's comments, and a brief summary of each comment.

Page 8: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-4 ESA / 200066.01 Final Supplemental EIR May 2010

TABLE 1-1 COMMENTERS ON DRAFT SEIR

Designator Signatory Correspondence

Received Correspondence

Dated

Public Agencies A California State Lands Commission, Marina Brand May 10, 2010 May 3, 2010

B State Water Resources Control Board, Michelle Lobo May 10, 2010 May 10, 2010

C East Bay Municipal Utility District May 5, 2010 May 3, 2010

D City of San Leandro Engineering and Transportation, Nicole Noronha Castelino and Debbie Pollart

May 6, 2010 April 28 - May 5, 2010

E City of San Leandro Planning Department, Kathleen Livermore May 10, 2010 May 10, 2010

OrganizationsF Heron Bay Homeowners Association, Michael Ostwind May 10, 2010 May 10, 2010

Individuals G Richard Brennan April 2, 2010 April 2, 2010 H Richard Brennan May 10, 2010 May 10, 2010 I Richard Ching May 8, 2010 May 10, 2010

Public Hearings J Public Hearing, Marina Community Center, San Leandro April 22, 2010

Michael Ostwind/ Richard Brennan

Written comments on the Draft SEIR were received during the public comment period from March 25, 2010 through May 10, 2010. LAVWMA staff received the correspondence by mail, email, fax, or other delivery by 5:00 p.m. on May 10, 2010, the publicly-noticed end of the public comment period on the Draft SEIR.

Page 9: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-5 ESA / 200066.01 Final Supplemental EIR May 2010

TABLE 1-2 COMMENT ISSUES SUMMARY

Designator Public Agency Signatory Comment

Designation Comment/Topic

State Agencies A California State Lands

CommissionMarina Brand A-1 Commenter requests mitigation clarification to address disturbance/ discovery of cultural artifacts on State Lands

property. B State Water Resources

Control Board (SWRCB) Michelle Lobo

B-1Comment addresses Clean Water State Revolving Fund (CWSRF) financing requirements, responsibilities and authority of SWRCB, plus additional environmental documentation and review under that would be required under “CEQA-Plus” if CSWRF funds were used. CSWRF funding applications are subject to the federal environmental regulations including; Section 7 of the Endangered Species Act and Section 106 of National Historic Preservation Act.

B-2 Additional clarification and explanation of effectiveness required for terminology,” daily sweeps”, as included in Mitigation Measure 3.4.2-GP1b.

B-3 Definition required for terminology,” qualified biologist”, as included in Mitigation Measure 3.4.2-GP1c.

Local Agencies C East Bay Municipal

Utility District William Kirkpatrick C-1

Construction of proposed project must be designed and conducted with consideration of existing EBMUD underground water mains located in rights-of-way in Bayfront Drive and Heron Drive. Construction must be coordinated with EBMUD and would be subject to terms and conditions determined by EBMUD. Relocation of water mains and/or rights-of-way would be at expense of project sponsor.

D City of San Leandro Nicole NoronhaCastelino and Debbie Pollart

D-1 The portion of the roadway referred to as Neptune Drive in the Draft SEIR should be revised as Monarch Bay Drive. D-2 Contractor should use the Neptune Drive entrance to access the site to avoid disturbance to residences. D-3 Signs along the Bay Trail should be restored upon project completion. D-4 Areas used for construction and staging should be fully restored upon project completion.

E City of San Leandro Kathleen Livermore E-1 LAVWMA must coordinate with City to develop an agreement for a temporary entry permit and an Easement Agreement

to enter and use city property for all project related work.

E-2 Comment asserts that impacts, including noise, damage to city property, and disruption of recreational facility access, will need to be mitigated through permitting or other acceptable method.

E-3 SEIR should include mitigation for daytime and nighttime noise through implementation of conditions established in a permit agreement with the city that governs hours of operation and mitigation methods.

E-4 SEIR should include mitigation for project effects to city property through a permit agreement that addresses the issues and provides for repair of all damaged city infrastructure.

E-5 LAVWMA must enter into agreements with the city to offer temporary recreational facilities to mitigate excavation impacts to bicycle and pedestrian paths.

E-6 LAVWMA must coordinate with Alameda County Fire Department and other rescue agencies to coordinate an alternative emergency access plan.

E-7 LAVWMA and its contractor should mitigate potential generation of air-borne dust or debris.

E-8 LAVWMA must comply with the city’s truck map for all construction traffic activity in the city. Truck hauling activities must be restricted t o the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday.

Page 10: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

TABLE 1-2 (Continued) COMMENT ISSUES SUMMARY

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-6 ESA / 200066.01 Final Supplemental EIR May 2010

Designator Public Agency Signatory Comment

Designation Comment/Topic

Local Agencies (cont.) E

(cont.) E-9 Asserts that construction materials cannot be stockpiled or parked within city right-of-way outside of the Permit Area without approval of City Engineer.

E-10 Asserts that site access should occur via Neptune Drive.

E-11 Hours of work may be extended to include Saturdays with the prior written approval of the City Engineer to enable work to be completed during the clapper rail non-breeding season (September 15-January 15) pursuant to Federal Endangered Species Act, and in an effort to minimize duration of neighborhood impacts.

OrganizationsF Heron Bay Homeowners

Association MichaelOstwind

F-1 Concerned about impact associated with activities that may detract from overall appearance of neighborhood. F-2 Asserts measures should be taken to minimize disruptive construction activity. F-3 Asserts work plan should be developed that includes a seven day construction work week. F-4 Requests LAVWMA participate in public outreach, including providing signage, onsite point-of-contact during construction,

and direct communication with residents on Pacific View Drive. F-5 Asserts decorative cobblestone roadway must be restored to original specifications following construction. F-6 Concerned about structural damage to levee as a result of construction truck traffic; asserts monitoring for subsidence

and damage to structural integrity be implemented and funding to reinforce levee must be allocated. F-7 Access to Bay Trail must be maintained for pedestrians, cyclists, and mobility impaired individuals; detours should be

accessible and not makeshift (i.e. muddy, rocky). Requests reconstruction of trail as part of restoration.

F-8 Asserts Western work area should be restored using appropriate and/ or native species and prevented from being overrun by invasive species. Concerned that Eastern work area will affect mature trees in park area, and asserts qualified arborist shouldbe involved to minimize damage to trees. Asserts damaged mature trees be replaced with comparable mature trees.

Individuals G Resident Richard

Brennan G-1 Draft SEIR omits Appendix A, NOP Scoping.

G-2 Appendix A should be inserted in a revised Draft SEIR. H Resident Richard

Brennan H-1 Concerned about impact associated with activities that may detract from overall appearance of neighborhood.

H-2 Asserts measures should be taken to minimize disruptive construction activity. H-3 Asserts work plan should be developed that includes a seven-day construction work week. H-4 Requests LAVWMA participate in public outreach, including providing signage, onsite point-of-contact during construction,

and direct communication with residents on Pacific View Drive. H-5 Asserts decorative cobblestone roadway must be restored to original specifications following construction. H-6 Concerned about structural damage to levee as a result of construction truck traffic; asserts monitoring for subsidence

and damage to structural integrity be implemented and funding to reinforce levee must be allocated. H-7 Access to Bay Trail must be maintained for pedestrians, cyclists, and mobility impaired individuals; detours should be

accessible and not makeshift (i.e. muddy, rocky). Requests reconstruction of trail as part of restoration.

Page 11: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1. Introduction

TABLE 1-2 (Continued) COMMENT ISSUES SUMMARY

LAVWMA Export Pipeline Facilities Project – Western Terminus 1-7 ESA / 200066.01 Final Supplemental EIR May 2010

Designator Public Agency Signatory Comment

Designation Comment/Topic

Individuals (cont.) H

(cont.) H-8 Asserts western work area should be restored using appropriate and/ or native species and prevented from being overrun by invasive species. Concerned that Eastern work area will affect mature trees in park area, and asserts qualified arborist should be involved to minimize damage to trees. Asserts damaged mature trees be replace with comparable mature trees.

I Resident Richard Ching I-1 Concerned project would impact drinking water quality.

Public Hearing J Residents Michael

Ostwind; RichardBrennan

J-1 Advises implementation of an accelerated construction schedule. J-2 Concerned about tree protection and recommend tunneling eastern section as well.

J-3 Concerned about construction effects to circle at Bayfront Drive and Lewelling J-4 Concerned about disturbances to residences on Pacific View Drive. J-5 Concern about potential impacts of heavy truck use to City Levee. J-6 Advises development of exit plan if there are delays and contractor cannot finish within allowed construction window to

avoid site abandonment and deferred or cancelled restoration.

Page 12: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus 2-1 ESA / 200066.01 Final Supplemental EIR May 2010

CHAPTER 2

This chapter provides responses to individual comment letters received on the Draft SEIR. Individual comment letters are provided followed by responses to those comments. In accordance with CEQA Guidelines Section 15088, the written responses briefly describe the disposition of the environmental issue raise and provide a detailed response to the comment.

Page 13: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter A

A-1

Page 14: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter A

Page 15: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.A-1 ESA /200066.01 Final Supplemental EIR May 2010

A. California State Lands Commission, Marina Brand, Assistant Chief, Division of Environmental Planning and Management, May 3, 2010

A-1 Comment acknowledged. The commenter requests clarification of mitigation to address disturbance and discovery of cultural resources and artifacts located on lands under the jurisdiction of the State Lands Commission. The Draft SEIR identifies measures (Mitigation Measure 3.5.1-GP1, 3.5.2-GP1, and 3.5.3-GP1) to reduce significant impacts to cultural resources including monitoring during ground disturbing activities; stop work orders if resources are encountered; written communication with local tribes; and prompt notification of the Native American Heritage Commission. In response to recommendations provided in Comment A-1, Mitigation Measure 3.5.1-GP1 (Draft SEIR page 3.5-16) has been revised as follows:

“Mitigation MeasuresMitigation Measure 3.5.1-GP1: Archaeological Monitoring of Ground-Disturbing Activities. Conduct archaeological monitoring during ground-disturbing project activities. Monitors must have a minimum of a bachelor’s degree in anthropology or archaeology and 2 years of professional experience. During the course of the monitoring, the archaeologist may adjust the frequency—from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources. If cultural resources are located during monitoring, monitors will immediately halt construction within 100 feet of the find and notify the LAVWMA. The monitors shall, after making a reasonable effort to assess the identity, integrity, and significance of the encountered archaeological deposit, present the findings of this assessment to the LAVWMA. If the archaeologist determines that the resources may be significant, they will develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. In considering any suggested mitigation proposed by the archaeologist in order to lessen impacts to cultural resources, the project proponent will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. Work may proceed in other parts of the project area while mitigation for cultural resources is being carried out.

Mitigation Measure 3.5.1b-GP1: Artifact Recovery. Artifacts found on lands under the jurisdiction of the State Lands Commission are considered the property of the State of California. Any disposition of these artifacts requires the approval ofthe State Lands Commission and a transfer of title may be required.

Page 16: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments A. California State Lands Commission, Marina Brand, Assistant Chief,

Division of Environmental Planning and Management, May 3, 2010

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.A-2 ESA /200066.01 Final Supplemental EIR May 2010

Mitigation Measure 3.5.1c-GP1: Reporting Requirements. Copies of all cultural resource reports must be submitted to the State Lands Commission for any projects or studies completed on land under the jurisdiction of the Commission.

Significance after Project-Proposed Mitigation: Less than Significant.”

In response to recommendations provided in Comment A-1, Mitigation Measure 3.5.3.-GP1 (Draft SEIR page 3.5-17) has been revised as follows:

“Mitigation MeasuresMitigation Measure 3.5.3-GP1: Halt Work if Human Skeletal Remains are Identified During Construction. If human skeletal remains are uncovered during project construction, the project proponent will immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the county coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains.

Significance after Project-Proposed Mitigation: Less than Significant.”

Page 17: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter B

B-1

Page 18: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter B

B-1cont.

Page 19: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter B

B-1cont.

B-2

B-3

Page 20: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter B

Page 21: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.B-1 ESA /200066.01 Final Supplemental EIR May 2010

B. State Water Resources Control Board, Michelle Lobo, Environmental Specialist, May 10, 2010

B-1 Comment acknowledged. The comment letter provides information for the California Water State Revolving Fund (CWSRF) Program and identifies necessary environmental documentation and potential need for initiating consultation as requisites to pursue funding. At this time, LAVWMA does not anticipate application for or participation in the CWSRF Program. No CEQA Plus or associated federal requirements are warranted at this time. In the event that LAVWMA should decide to apply for funding through the CWSRF Program, appropriate environmental documentation will be submitted as a separate CEQA Plus document.

B-2 Comment acknowledged. The commenter requests clarification of terminology and explanation of effectiveness in reducing project related impacts. Mitigation Measure 3.4.2-GP1b (Draft SEIR pages ES-6 and 3.4-48) has been clarified to replace the term “daily sweeps” with the term “daily surveys.” The term “daily surveys”, in this context, is defined as visual clearance of the active construction zone based on site reconnaissance and observations. Daily surveys are included as mitigation to prevent direct mortality of special status species by determining presence of species onsite prior to construction activities. The text of Mitigation Measure 3.4.2 – GP1b has been revised as follows:

“Mitigation Measure 3.4.2-GP1b: To avoid direct take, all work will be conducted in such a manner that it will not directly or indirectly kill or injure a special status species; will not intentionally or negligently harass a special status species to such an extent that it significantly disrupts normal behavioral patterns; and will not adversely modify the habitat of special status species. A full-time biological monitor will be on-site during all construction activities. The monitor’s duties will include:

! worker environmental education; ! daily sweeps surveys of the construction area for special status species; and! daily inspection of the exclusion fencing located around the work areas.

(Additional information regarding exclusion fencing is discussed below in Measure 3.4.2i).

The monitor will also pay specific attention to work within upland areas during high tides or storm events when California clapper rail and salt marsh harvest mouse are more likely to use these areas as refuge”.

B-3 Comment acknowledged. The commenter requests definition of the term, “qualified biologist” in Mitigation Measure 3.4.2-GP1c (Draft SEIR pages ES-6 and 3.4-48). A “qualified biologist”, in this context, is defined as a professional biologist with experience in avian biology, to be appointed by LAVWMA. The term “qualified” captures both United States Fish and Wildlife Service-approved and other professional biologists. To be qualified, a biologist must be capable of species identification and implementation of avoidance measures.

Page 22: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C

C-1

Page 23: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C

Page 24: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C

Page 25: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 26: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 27: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 28: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 29: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 30: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Comment Letter C Attachment

Page 31: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.C-1 ESA / 200066.01 Final Supplemental EIR May 2010

C. East Bay Municipal Utility District, William Kirkpatrick, Manager of Water Distribution Planning, May 5, 2010

C-1 Comment acknowledged. As an owner and operator of underground water pipelines proximate to the proposed project site, the commenting agency is concerned with potential impacts to the integrity of the existing pipeline and the potential need for relocation of existing pipelines and/ or rights-of-way. The comment asserts that 1) construction of proposed project must be designed and conducted with consideration of existing EBMUD underground water mains located in rights-of-way in Bayfront Drive and Heron Drive; 2) construction must be coordinated with EBMUD and would be subject to terms and conditions determined by EBMUD; and 3) relocation of water mains and/or rights-of-way would be at the expense of the project sponsor. Mitigation Measures 3.13.1 and 3.13.2 (Draft SEIR page 3.13-6) require LAVWMA to consult with local agencies to reduce disruption of services or relocation of existing utilities. Since the Western Terminus project is not located in the Heron Drive or Bayfront Drive utility corridor cited by EBMUD, the Western Terminus pipeline is not anticipated to directly affect the EBMUD underground water mains. In accordance with Mitigation Measure 3.13.1, a detailed study identifying utilities shall be conducted to complement the existing utilities study. LAVWMA will develop any necessary arrangements with EBMUD regarding protection, relocation, or temporary disconnection of services; although these are not anticipated at this time. LAVWMA is committed to working with EBMUD and other local entities to minimize potential effects to public utilities.

Page 32: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Paul Curfman!Managing Associate!ESA | Water !1425 N. McDowell Boulevard, Suite 200 !Petaluma, CA 94954 707.795-0900 office | 707.795-0902 fax 707.795.0957 direct | 415.637.8182 cell [email protected]

From: [email protected] [mailto:[email protected]] Sent: Thursday, May 06, 2010 2:08 PM To: Paul Curfman Subject: FW: LAVWMA mitigation!Paul,!!Below!are!the!City’s!comments!to!the!SEIR.!Please!include!these!in!the!final!document.!Thanks!!!Nicole Noronha Castelino!Assistant Engineer!City of San Leandro!835 East 14th Street!San Leandro, CA 94577!!!(510) 577 - 3429 - direct phone!(510) 577 - 3294 - fax!www.ci.san-leandro.ca.us

!!!!From: Pollart, Debbie Sent: Wednesday, May 05, 2010 10:28 AM To: Castelino, Nicole Cc: Cooke, Keith Subject: RE: LAVWMA mitigation !Hi Nicole – I don’t have any comments on the SEIR, so please go ahead and forward your comments to LAVWMA – If you are going to send in comments, I have one small suggestion – When they refer to Neptune Drive in the SEIR, that portion of roadway is now called Monarch Bay Drive and should be noted as such in the document -

Debbie - !

Comment Letter D

D-1

Page 33: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

From: Castelino, Nicole Sent: Monday, May 03, 2010 4:39 PM To: Pollart, Debbie Subject: FW: LAVWMA mitigation !Debbie,!!E&T!has!reviewed!the!LAVWMA!EIR!and!have!come!up!with!the!comments!listed!below.!We!have!not!forwarded!these!to!LAVWMA.!!Nicole Noronha Castelino!Assistant Engineer!City of San Leandro!835 East 14th Street!San Leandro, CA 94577!!!(510) 577 - 3429 - direct phone!(510) 577 - 3294 - fax!www.ci.san-leandro.ca.us

!!!!From: Castelino, Nicole Sent: Wednesday, April 28, 2010 10:08 AM To: Cooke, Keith Subject: LAVWMA mitigation !Keith,!!The!issues!in!mitigation!that!I!see!are:!!

1. As!much!as!possible,!the!contractor!must!use!the!Neptune!Drive!entrance!to!access!the!site!to!avoid!disturbance!of!Heron!Bay!residents.!

2. Any!signs!along!the!Bay!Trail!must!be!restored!upon!completion!of!the!project!3. Any!areas!used!for!construction!activities!and!staging!must!be!fully!restored!upon!completion!of!

the!project.!!I!think!they!have!addressed!noise!and!air!quality!thoroughly.!Thanks!!!Nicole Noronha Castelino!Assistant Engineer!City of San Leandro!835 East 14th Street!San Leandro, CA 94577!!!(510) 577 - 3429 - direct phone!

Comment Letter D

D-2D-3D-4

Page 34: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

(510) 577 - 3294 - fax!www.ci.san-leandro.ca.us

!!!!

Comment Letter D

Page 35: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.D-1 ESA / 200066.01 Final Supplemental EIR May 2010

D. City of San Leandro Engineering and Transportation Department, Nicole Noronha Castelino and Debbie Pollart, May 6, 2010

D-1 Comment acknowledged. The commenter notes that the portion of the roadway referred to as Neptune Drive in the Draft SEIR is now called Monarch Bay Drive and should be revised as such. The Draft SEIR referred to the portion of roadway within the project vicinity as “Neptune Drive,” based on review of the San Leandro General Plan (2002) and other relevant planning documents. Review of recent maps indicates that Monarch Bay Drive is open to vehicular traffic through Marina Park in the area north of the San Estudillo Canal Bridge and levee. Neptune Drive begins south of Estudillo Canal and is typically closed to vehicular traffic since it is the Bay Trail (a Class I bike path), which extends southward to the intersection of Heron Bay Drive and Bayfront Drive. As appropriate, references to Neptune Drive in the Draft SEIR have been revised in Chapter 3 of this Final SEIR to reflect the roadway name, Monarch Bay Drive north of Estudillo Canal. Please refer to Chapter 3, Changes to the Draft SEIR, of this Final SEIR for revisions and errata to the Draft SEIR.

D-2 Comment acknowledged. The commenter requests that, during construction, LAVWMA and its Contractors access the project area via the Neptune Drive entrance to avoid disturbance of residents. In addition to mitigation identified in the 1998 EIR, the SEIR identifies mitigation measures to reduce neighborhood impacts such as traffic, noise disturbance, and disruption of recreational access, including: Mitigation Measure 3.8.3-GP1 (Draft SEIR page 3.8-7), which requires appropriate scheduling and timing of trucks on haul routes to lessen the amount of truck trips on any one road; Mitigation Measure 3.10-GP1 (Draft SEIR page 3.10-12), which requires City approval for nighttime construction; and Mitigation Measures 3.13.1-GP1 (Draft SEIR page 3.13-8), which requires construction during non-peak recreational times, notification signage, and detours to access the Bay Trail.

As identified in Chapter 2, Project Description in the Draft SEIR, primary operations will occur on the upland site located within the Western Temporary Construction Area. Trucks would drive to the Western Temporary Construction Area from the north via Neptune Drive (the Bay Trail) for which regional truck access is available via Marina Boulevard and Monarch Bay Drive. Construction equipment and major horizontal directional drilling activities would occur within the Western Temporary Construction Area, which would reduce potential neighborhood impacts in the Heron Bay community. Construction traffic, however, cannot be limited only to access via this northern portion of Neptune Drive because of structural limitations on the bridge over the slough in Roberts Landing. Therefore, access to the Eastern Temporary Construction Area (the less active construction area) is required via Lewelling, Bayfront Drive, and the southern

Page 36: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments D. City of San Leandro Engineering and Transportation Department,

Nicole Noronha Castelino and Debbie Pollart, May 6, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.D-2 ESA / 200066.01 Final Supplemental EIR May 2010

portion of Neptune Drive (the Bay Trail). LAVWMA will work with the City to develop agreements to define allowable access routes during construction.

D-3 Comment acknowledged. The Draft SEIR identifies Mitigation Measure 3.6.2b (Draft SEIR page 3.6-5), which requires LAVWMA and its Contractors to return bicycle lanes and pedestrian pathways to pre-construction conditions. Additionally, restoration activities would include, but are not limited to, regrading and recontouring of staging areas to original contours, reconstruction of the Bay Trail and the formal and native landscaping in the park area, and native plantings in the upland restoration area adjacent to marsh areas (Draft SEIR, page 2-4). Replacement or repair of trail signage damaged by project construction activities would be required as an element of restoring disturbed areas, including signage, to pre-construction conditions. Pursuant to this comment, the text of Mitigation Measure 3.6.2b has been clarified as follows:

Mitigation Measure 3.6.2b: LAVWMA shall ensure that its contractors restore disturbed bicycle lanes, and pedestrian areas, and existing Bay Trail signage to their pre-project condition.

D-4 Comment acknowledged. Mitigation Measure 3.4.1-GP1 (Draft SEIR page 3.4-46) requires LAVWMA to restore all temporarily impacted areas to pre-construction conditions or better. Mitigation Measure 3.4-1-GP1 requires development of a Mitigation and Monitoring Plan that includes restoration of temporary filled wetlands to original contours, replanting, irrigation, weeding, and site protection. Mitigation Measure 3.4.1b (Draft SEIR page 3.4-43) requires revegetation of bare marsh areas using native plants such as pickleweed, salt grass, and native cordgrass. Mitigation Measures 3.7.1b (Draft SEIR page 3.7-3) requires revegetation with native plants for disturbed areas (not in roadways). Additionally, Mitigation Measure 3.6.2b (Draft SEIR page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions. Revegetation would also be implemented per Mitigation Measure 3.2.1 (Draft SEIR page 3.2-10) to minimize erosion.

A Mitigation and Monitoring Plan (MMP) will be prepared by a qualified biologist to ensure there are no permanent impacts to wetlands or waters of the U.S. The MMP will outline measures to be implemented to restore and re-establish wetlands on the site, and will include (but is not necessarily limited to) the following elements:

! Restoration of temporarily filled wetlands to original contours; ! Preparation of the site for replanting; and ! Collection and propagation of site-specific plant materials.

Project implementation includes the restoration of impacted areas to pre-project conditions.

Page 37: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMAc/o Paul Curfman Environmental Science Associates 1425 N. McDowell Blvd. Ste., 200 Petaluma, CA 94954

Subject: City of San Leandro Comment on Livermore-Amador Valley Water Management Agency Export Pipeline Facilities Project-Western Terminus

Dear Mr. Curfman,

Thank you for the opportunity to provide comments on the proposed expansion of Livermore-Amador Valley Water Management Agency (“Agency”) Export Pipeline Facilities Project-Western Terminus B project.

The California Environmental Quality Act requires environmental studies of projects that could have a potential impact on the environment. Initial Studies, Mitigated Negative Declarations and Environmental Impact Reports are disclosure documents that assist decision makers in their deliberative process. They also disclose information to those interested persons who could be impacted by the project. The EIR should provide necessary information for interested persons and decision makers to determine potential impacts and how they are going to be mitigated by the Agency. The City of San Leandro hereby requests that the following permit requirements be disclosed as mitigations required as a condition of working in the City of San Leandro.

1) That the Agency enters into an agreement for a temporary permit to enter and use city property for all project related work.

2) That the Agency enters into an Easement Agreement prior to commencing work in the city.

3) The proposed construction will cause the following issues that will need to be mitigated through permitting or other city acceptable method:

a. Noise. The proposed construction will pose noise issues to surrounding residents during the day but also in the night time for certain periods of time. The Agency shall mitigate noise to the residents in and around the construction area and shall enter into a permit with the city agreeing to conditions that govern hours of operation for the construction work and methods of mitigating the noise.

Comment Letter E

E-1

E-2

E-3

Page 38: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

b. Affected city property. The proposed construction will cause city property to be excavated and otherwise impacted. The Agency will agree to enter into an agreement with the city addressing this issue and agreeing to repair all damaged city infrastructure.

c. Bicycle and recreational lanes. The Agency is proposing to excavate city bicycle and recreational facilities such as bicycle paths. The agency will enter into agreements with the city to mitigate these impacts by offering temporary recreational facilities and bike paths.

4) Disaster plan. The Agency shall coordinate alternative emergency access for Alameda County Fire Department and other rescue in the event of natural or other disaster.

5) The Agency or its contractor shall take all steps necessary to mitigate the potential generation of air-borne dust or debris during the performance of the work.

6) The Agency shall comply with the City’s truck route map for all trucks involved in construction activity in the city. Truck hauling activities shall be restricted to 7:00 a.m. to 6:00 p.m., Monday through Friday.

7) No construction materials and/or equipment shall be stockpiled or parked within the City right-of-way outside of the Permit Area without the City Engineer's approval.

8) Site access shall be through Neptune Drive.

9) Hours of work may be extended to include Saturdays with the prior written approval of the City Engineer to enable work to be completed during clapper rail non-breeding season (September 1 - January 15) pursuant to the Federal Endangered Species Act, and in an effort to minimize impacts on neighboring property owners and occupants as requested by the Heron Bay Homeowners Association.

In conclusion, the City of San Leandro will require the above conditions as project mitigations and will be included in all required city permits prior to construction.

Thank you again for the opportunity to comment on the Livermore-Amador Valley Water Management Agency Export Pipeline Facilities Project EIR.

Sincerely,

/s/ Kathleen Livermore [electronically on May 10, 2010 by Phil Millenbah, Senior Planner] Kathleen Livermore Planning Manager

cc: Luke Sims, Community Development Director

Comment Letter E

E-4

E-5

E-6

E-7

E-8

E-9

E-10

E-11

Page 39: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.E-1 ESA / 200066.01 Final Supplemental EIR May 2010

E. City of San Leandro, Planning Department, Kathleen Livermore, Planning Manager,May 10, 2010

E-1 Comment acknowledged. The commenter asserts LAVWMA must coordinate with City to develop an agreement for a Temporary Permit to Enter and Use City Property and an Easement Agreement to use city property for all project related work. LAVWMA is committed to working with local agencies to develop permits, easements and working agreements with conditions acceptable to all parties to establish rights of entry.

E-2 Comment acknowledged. The comment states that impacts, including noise, damage to city property, and disruption of recreational facility access, will need to be mitigated through permitting or other acceptable method. In general, implementation of the measures identified in the Draft SEIR would reduce potential impacts to a less-than-significant level. Therefore, no additional mitigation measures are required.

E-3 Comment acknowledged. The commenter asserts that neighborhood impacts, including noise, will need to be mitigated through additional measures and compliance with City of San Leandro permit conditions. The Draft SEIR identifies Mitigation Measures that target potential noise effects associated with project construction in the City of San Leandro. Mitigation Measure 3.10.1-GP1 (Draft SEIR page 3.10-12) requires LAVWMA to submit a noise control plan to the City of San Leandro that identifies feasible noise control measures, including temporary sound wall installation, pursuant to acquisition of a permit from the City of San Leandro for short-term nighttime construction. Additional conditions, including hours of operation for construction work, would be established in a permit issued by the City of San Leandro.

E-4 Comment acknowledged. The commenting agency asserts that impacts to city property will need to be mitigated through additional measures and compliance with City of San Leandro permit conditions. LAVWMA will coordinate and enter into agreements with the City of San Leandro to identify actions and responsibilities for addressing impacts to City property associated with project construction.

E-5 Comment acknowledged. The commenter asserts that neighborhood impacts, including disruption of access to bicycle and recreational facilities, will need to be mitigated through additional measures and compliance with City of San Leandro permit conditions. Alternate access to pedestrian and bicycle paths would be maintained through a series of detours during the construction period. Mitigation Measure 3.13.1-GP1 (Draft SEIR page 3.13-8) requires LAVWMA to ensure staging areas are setback from the Bay Trail, restrict construction activity during peak Trail usage times (based on the Recreation Survey in Appendix B, Draft SEIR), and post advanced signage notifying users of detour access routes. The Bay Trail detour, around the perimeter of the construction site, will be paved and fenced off from the construction area (Draft SEIR, page 2-7). Disruption of

Page 40: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments E. City of San Leandro, Planning Department, Kathleen Livermore,

Planning Manager, May 10, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.E-2 ESA / 200066.01 Final Supplemental EIR May 2010

pedestrian and bicycle paths would be temporary. Pursuant to Mitigation Measure 3.6.2b (Draft SEIR page 3.6-5), LAVWMA and its contractors are required to restore disturbed areas to pre-project conditions. As discussed in response to comment D-3, restoration includes, but is not limited to revegetation, regrading and replacement of damaged signage.

E-6 Comment acknowledged. As identified in the Draft SEIR, access to the project site is available via the Bay Trail. Mitigation Measure 3.8.1 (Draft SEIR page 3.8-5) requires alternative emergency access routes to be identified in a Traffic Control Plan. Mitigation Measure 3.8.5 (Draft SEIR page 3.8-5) requires LAVWMA to notify police, fire, and emergency services of the timing, location, and duration of construction activities. LAVWMA would maintain open and continual Emergency Vehicle Access (EVA) via the Bay Trail during all periods of construction. LAVWMA will consult with Alameda County Fire Department and other rescue agencies to coordinate an alternative emergency access plan as required.

E-7 Comment acknowledged. Commenter states that LAVWMA and its Contractor shall mitigate potential generation of air-borne dust or debris. Mitigation Measure 3.9.1 (Draft SEIR page 3.9-17) requires LAVWMA to implement best management practices for controlling air-borne dust and debris, including but not limited to, watering and sweeping (daily, as many times a s necessary) of construction sites, parking areas, and non-paved staging areas; covering truck loads and soil stockpiles; and limiting construction vehicle traffic on unpaved roads at the project site. LAVWMA will comply with additional restrictions as established in permits and agreements issued by the City of San Leandro. Therefore, no conditional measures are required.

E-8 Comment acknowledged. LAVWMA will comply with the city’s truck map for all construction traffic activity in the city. Truck hauling activities are typically restricted to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday. LAVWMA understands that its contractors must comply with the approved truck route map and restrict hauling to certain hours of operation. LAVWMA will comply with restrictions as established in permits and agreements issued by the City of San Leandro, including the city’s truck map and restricting truck hauling activities to the hours of 7:00 am to 6:00 pm, Monday through Friday.

E-9 Comment acknowledged. The commenter asserts that construction materials cannot be stockpiled or parked within city right-of-way outside of the Permit Area without approval of City Engineer. LAVWMA will comply with restrictions as established in permits and agreements issued by the City of San Leandro.

E-10 Comment acknowledged. The commenter asserts that site access should occur via Neptune Drive which is the proposed access route in both directions. Further, routes are identified in the SEIR that provide truck access to Neptune Drive as identified in the City of San Leandro truck route map. From the north, access is proposed to the Western

Page 41: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments E. City of San Leandro, Planning Department, Kathleen Livermore,

Planning Manager, May 10, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.E-3 ESA / 200066.01 Final Supplemental EIR May 2010

Temporary Construction Area via Marina Boulevard and Monarch Bay Drive. From the East access is provided to the Eastern Construction Area via Lewelling Boulevard and Bayfront Drive. See also response to D-2.

E-11 Comment acknowledged. LAVWMA will consider extension of operation hours in an effort to minimize duration of neighborhood impacts. LAVWMA will comply with restrictions as established in permits and agreements issued by the City of San Leandro. Hours of work may be extended to include Saturdays with the prior written approval of the City Engineer to enable work to be completed during the clapper rail non-breeding season (September 1-January 15) pursuant to Federal Endangered Species Act.

Page 42: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

10!May,!2010!!!Livermore!Amador Valley Water Management Agency c/o!Paul!Curfman!"!Project!Manager!c/o!Ed!Cummings!–!Director!LAVAMA!Environmental!Science!Associates!1425!N.!McDowell!Blvd.!Suite!200!Petaluma,!CA!94954!!Re:!Comments!on!LAVWMA!Draft!SEIR!!We!would!like!to!thank!the!Livermore"Amador!Valley!Water!Management!Agency!for!the!efforts!made!over!the!last!several!months!to!inform!and!engage!the!Heron!Bay!community!in!the!Supplemental!Environmental!Impact!Report!review!process.!!As!previous!commented,!there!is!support!for!the!overall!Western!Terminus!project,!as!the!most!viable!current!option!given!the!poor!condition!of!the!existing!pipeline!and!the!desire!to!avoid!further!disruptive!"emergency"!repairs.!!Attached!are!comments!re"stating!of!our!general!concerns!in!the!areas!of:!!• Work plan: Minimizing!impact!on!Heron!Bay!community!• Traffic : Heavy!trucks!at!Heron!Bay!roundabout!and!on!SF!Bay!levee!• Bay Trail: Maintaining!Access"!• Restoration: Park,!uplands,!and!Marsh!!!Sincerely,!!!Michael Ostwind Heron!Bay!HOA!President!San!Leandro,[email protected]!

Comment Letter F

Page 43: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

10!May,!2010!!!

Draft SEIR Comments: • Work plan Given!the!few!months!available!to!complete!the!project;!Heron!Bay!residents!have!two!primary!areas!of!concern:!!• Activities!which!detract!from!the!overall!appearance!of!the!neighborhood.!!• Minimizing!disruptive!construction!activity!!The!best!course!of!action!seems!to!be!a!work!plan!schedule!which!concentrates!disruptive!activity!into!the!least possible time.!!Heron!Bay!has!expressed!support for a 7!day work week,!where!selective!use!would!decrease!the!total!duration!of!the!disruption.!!As!was!noted!in!the!Public!Meetings,!Community!outreach!is!vital,!and!Heron!Bay!residents!should!be!kept well!informed as!to!the!specific!activities!upcoming!at!each!stage!of!construction,!and!any!impact!this!may!have!on!normal!activity!around!the!neighborhood!(eg!access,!traffic,!parking,!noise,!lights,!etc.).!Consideration!should!be!given!to!providing!both!appropriate signage and an on!site point!of!contact.!!In!addition,!residents!whose!properties!are!immediately!adjacent!to!work!areas,!especially!those!on!Pacific!View!drive,!should!be!contacted in person to!discuss!the!planned!activity!near!!them.!!

• TrafficThe!Bayfront!Drive!roundabout!will!be!heavily!impacted!by!the!construction!equipment!and!truck!traffic.!As!discussed!at!the!April!Public!Meetings,!consideration!should!be!given!to!temporarily!removing!the!unstable!decorative!cobblestone!surface,!and!to!modifying!the!central!planter!for!the!duration!of!the!project.!!The!central!planter!will!remain!as!we!all!agreed!in!a!smaller!modified!from!during!construction.!!Of!course,!this!area!is!a!signature!element!of!the!neighborhood!"look"!and!must!be!restored to original specifications as!quickly!as!possible.!!The!cobblestone!surface!has!not!been!the!same!since!the!previous!LAVAMA!project!and!we!require!LAVMA!to!this!time!do!a!full!and!complete!reconstruction!including!the!foundation.!!Construction!truck!using!the!Marina!entrance!will!be!transiting!the!bay!levee!for!over!a!mile.!!The!structural!integrity!of!the!levee must be monitored,!especially!given!the!potential!for!!subsidence!caused!by!heavy!loads!on!areas!weakened!by!animal!burrows.!!At!the!completion!of!the!project!the!levee!must!be!reinforced!and!additional!funds!must!be!budgeted!for!this.!!!

Comment Letter F

F-1

F-2

F-3

F-4

F-5

F-6

Page 44: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

• Bay Trail The!San!Francisco!Bay!Trail!is!a!signature!element!of!the!Robert's!landing!area.!A!primary!objective!must!be!to!maintain access for walkers, bike riders, skaters, and the mobility!impaired. This!means!that!unlike!during!previous!construction!activities;!crossing!through!soggy!grass,!mud!puddles,!or!rock!and!dirt!debris!on!the!trail!is!not!an!appropriate!option.!!In!addition,!the!Bay!Trail!pathway!is!currently!a!smooth!and!essentially!unbroken!surface,!with!very!gradual!transitions!to!the!gravel!margins.!Reconstruction of the trail will!be!essential!to!public!perception!as!to!the!effectiveness!of!the!restoration!process.!!

• RestorationThe!Western!work!location!and!turnaround!will!impact!the!existing!uplands!at!one!of!the!more!scenic!Bay!outlooks!along!this!portion!of!the!Bay!Tail.!This,!and!similar!areas,!should!be!fully!restored using appropriate and/or native species...!and!not!allowed!to!become!overrun!with!invasive!fast"growing!varieties,!as!has!happened!previously.!!The!trench!at!the!Eastern!work!location!will!destroy!the!existing!park!setting!for!the!second!time!in!the!last!few!years,!and!will!impact!the!mature!trees!which!line!the!southwest!perimter!of!the!lawn!area.!A!qualified!arborist!should!be!involved!in!minimizing damage to the trees,!and!the!entire!area!will!require!reconstruction!to!original!specifications.!!If!any!mature!trees!are!damaged!they!must!be!replaced!with!comparable!mature!trees.!

Comment Letter F

F-7

F-8

Page 45: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.F-1 ESA /200066.01 Final Supplemental EIR May 2010

F. Heron Bay Homeowners Association, Michael Ostwind, President, May 10, 2010

F-1 Comment acknowledged. Commenter is concerned about impact associated with activities that may detract from overall appearance of neighborhood. Section 3.7, Visual Resources, analyzes disruption and/ or degradation to aesthetic resources, including the appearance and character of the neighborhood and viewpoints from the Heron Bay residential development. Construction activities would potentially diminish aesthetic character from certain viewpoints; however, as discussed in the SEIR, construction activities would be limited to a short-term period, and mitigation measures, including Mitigation Measures 3.7.1a and 3.7.1b, would reduce visual impacts to a less-than-significant level. Mitigation Measures 3.7.1a and 3.7.1b require LAVWMA and its Contractors to restore disturbed areas to their pre-project conditions so that short-term construction disturbance does not result in long-term visual impacts. Pipelines would be installed underground and would not have a long-term visual impact. Disturbed vegetation along the pipeline corridor would be replanted with appropriate native plants to reflect pre-project vegetation assemblages. Additionally, Mitigation Measure 3.8.6 is intended to minimize visual and structural damage to roadways (i.e. the round about at Lewelling Boulevard and Bayfront Drive) by requiring, that prior to start-up of project construction, LAVWMA prepare an evaluation of road conditions for all routes that will be used by project-related vehicles. LAVWMA shall prepare a similar evaluation of road conditions after project construction is completed. The pre- and post-construction conditions of the haul routes shall be reviewed by staff of the local Public Works Department.

F-2 Comment acknowledged. Commenter asserts measures should be taken to minimize disruptive construction activity. Construction activities would be limited to a short-term period to comply with regulatory restrictions during California clapper rail non-breeding season. A short-term construction period would also minimize the duration of neighborhood effects such as noise, dust, and construction traffic as discussed in the Draft SEIR in Section 3.8, Traffic and Circulation, Section 3.9, Air Quality, and Section 3.10, Noise. The SEIR identifies mitigation measures that will be implemented by LAVWMA, including Mitigation Measures to reduce disruptive construction activity.

F-3 Comment acknowledged. Commenter requests that LAVWMA develop a work plan that includes a seven-day construction work week. Construction activities would be limited to a short-term period during September 1 through January 15. Mitigation Measure 3.8.1c requires LAVWMA to expedite construction to minimize potential disruption. LAVWMA will work with local agencies, including the City of San Leandro, to extended construction operation hours to expedite the construction period. See also response to comment E-11.

F-4 Comment acknowledged. Commenter requests LAVWMA participate in public outreach, including providing signage, onsite point-of-contact during construction, and direct communication with residents on Pacific View Drive. Mitigation Measures identified in

Page 46: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments F. Heron Bay Homeowners Association,

Michael Ostwind, President, May 10, 2010

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.F-2 ESA /200066.01 Final Supplemental EIR May 2010

the project require advanced signage for potential neighborhood disruptions, such as traffic detours and re-routing of Bay Trail access areas. A Traffic Control Plan, as required under Mitigation Measure 3.8.1b, would include provision of detour signage at impacted road/ pedestrian facility locations. Per Mitigation Measure 3.13-GP1, LAVWMA will provide appropriate signage to redirect recreational visitors to other path routes during construction.

LAVWMA concurs with the commenter’s request for an onsite point-of-contact to encourage communication. As part of the Traffic Control Plan required under Mitigation Measure 3.8.1b, LAVWMA and its Contractor will identify an onsite-point-of-contact to act as an information officer for the project and adjoining properties will be contacted to discuss planned construction activities. LAVWMA shall arrange to have a licensed resident engineer on the job site throughout the hours of construction. Additionally, under Mitigation Measures 3.8.1e, LAVWMA shall arrange for a 24-hour emergency telephone resource to address public questions and complaints during project construction.

F-5 Comment acknowledged. Commenter is concerned about construction effects to the traffic circle located at the neighborhood entrance at Bayfront Drive and Lewelling Drive. LAVWMA and its engineering contractor evaluated the turning radius for construction trucks and determined only a minimal portion of the circle would need to be removed for construction purposes. During construction, pavers would be removed and asphalt would be installed around the circle and plants within the circle would continue to be maintained. Mitigation Measure 3.8.6 is intended to minimize visual and structural damage to roadways. Following construction, asphalt in the circle would be removed, a subgrade prepared and the pavers would be replaced. Any damaged asphalt along Bayfront Drive would also be repaired. Disturbed areas will be restored to pre-project conditions. Refer also to response to Comment J-3. Text in Mitigation Measure 3.8.6 (Draft SEIR page 3.8-6), has been revised to clarify these requirements, as follows:

Mitigation Measure 3.8.6c: Following construction, asphalt in the traffic circle would be removed, a subgrade would be prepared, and the pavers would be replaced. Any damaged asphalt along Bayfront Drive would also be repaired.”

F-6 Comment acknowledged. Commenter asserts levee use along Bay Trail as a truck haul route may damage levee integrity. LAVWMA will consult with the City of San Leandro to develop a strategy to maintain top surface elevation of the levee and if necessary will resurface the levee after construction traffic is finished there in order to maintain baseline elevations of the levee. All actions and responsibilities related to assessment and remediation of damage to the levee would be determined through agreements with the City prior to construction. Additionally, Mitigation Measure 3.8.6a (Draft SEIR page 3.8-6) is modified to clarify that pre- and post- construction surveys of the levee, in addition to video documentation of existing road conditions, will be compared to determine if any subsidence has occurred, If so, the levee will be brought back up to original elevations by LAVWMA.

Page 47: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments F. Heron Bay Homeowners Association,

Michael Ostwind, President, May 10, 2010

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.F-3 ESA /200066.01 Final Supplemental EIR May 2010

“Mitigation Measure 3.8.6a: Prior to start-up of project construction, LAVWMA shall survey the levee supporting the Bay Trail and prepare a videotape of road conditions for all routes that will be used by project-related vehicles. LAVWMA shall conduct post-construction surveys of the levee andprepare a similar videotape of road conditions after project construction is completed. The pre- and post-construction conditions of the haul routes shall be reviewed by staff of the local Public Works Department. An agreement shall be entered into prior to construction that will detail the pre-construction conditions and post-construction requirements of the rehabilitation program.”

F-7 Comment acknowledged. Comment asserts access to Bay Trail should be maintained for pedestrians, cyclists, and mobility impaired individuals; detours should be accessible and not makeshift (i.e. muddy, rocky) and requests reconstruction of trail as part of restoration. Access to the Bay Trail will remain open with short detours established during the construction period. The project includes a restoration element such that restoration activities would include reconstruction of the Bay Trail and the formal and native landscaping in the park area as well as native plantings in the upland restoration area adjacent to the marsh. Any potential disturbance of asphalt along the trail associated with construction equipment would be repaired following installation (Draft SEIR, page 3.6-7). Refer also to response to Comment D-3.

F-8 Comment acknowledged. Commenter asserts western work area should be restored using appropriate and/ or native species and prevented from being overrun by invasive species. Commenter is concerned that eastern work area will affect mature trees in park area and asserts that a qualified arborist should be involved to minimize damage to trees. As discussed in response to Comments D-3 and D-4 above, disturbed areas, including the marsh fill portion within the Western Temporary Construction Area and the planted areas adjacent to the Eastern Temporary Construction Area, would be restored and revegetated, with appropriate and/or native species, consistent with pre-project conditions. LAVWMA and its contractors will protect existing trees and consider retention of an arborist to assess any potential damage to mature trees and if necessary, establish a tree replacement plan, as specified in the clarification to Mitigation Measure 3.4.1a-b GP1 included in the Draft SEIR (pages ES-5 and 3.4-45), as follows:

“Mitigation Measure 3.4.1a-GP1: The temporary fill of wetlands and other waters of the U.S. near the EBDA connection vault will require permit approval from the Corps. The project would most likely proceed under Nationwide Permit #33 (Temporary Construction, Access, and Dewatering) pursuant to Section 404 of the Clean Water Act. Water quality certification from the RWQCB will also be required, pursuant to Section 401 of the Clean Water Act. The project site also lies within the BCDC jurisdiction. A minor permit was issued from the BCDC for the 16-mile-long project and an amendment to that permit will need to be obtained for the current project. Work will proceed under the terms of the Corps, RWQCB, and BCDC permits.

Page 48: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments F. Heron Bay Homeowners Association,

Michael Ostwind, President, May 10, 2010

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.F-4 ESA /200066.01 Final Supplemental EIR May 2010

Mitigation Measure 3.4.1b-GP1: LAVWMA and its contractors will protect existing trees and consider retention of an arborist to assess any potential damage to mature trees and if necessary, establish a tree retention and replacement plan.

Mitigation Measure 3.4.1b: See Table 3.4.3.”

Page 49: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

THIS PAGE INTENTIONALLY LEFT BLANK

Page 50: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

02!April,!2010!

Livermore"Amador!Valley!Water!Management!Agency!c/o!! Paul!Curfman!"!Project!Manager!

Environmental!Science!Associates!1425!N.!McDowell!Blvd.!!Suite!200!Petaluma,!CA!!94954!!

Re:!!LAVWMA!Draft!SEIR!"!omission!!!Yesterday,!April!1,!2010,!I!received!the!"Notice!of!Availability!of!Draft!SEIR"!(postmarked!Mar!31!2010)!via!USPS!mail.!Based!on!this!notice,!I!downloaded!the!available!SEIR.pdf!document!from!www.lavwma.com/body_WTdocs.html.!!In!reviewing!the!Draft!SEIR!(March!2010),!I!notice!that!Appendix!A!seems!incomplete:!

1.4!CEQA!Process,!Notice!of!Preparation...!reads!In!part;!"Appendix!A!of!this!Draft!SEIR!contains!a!copy!of!the!NOP,!the!NOP!mailing!list,!and!a!detailed!description!of!all!verbal!and!written!comments!received."!

However,!looking!at!Appendix!A,!I!find!only!the!December!2009!NOP!(on!pages!A"3!to!A"10).!!The!verbal!comments!which!were!noted!by!the!staff!at!the!January!14th!2010!public!scoping!meeting,!and!a!description!of!the!written!comments!received!by!February!1,!2010,!both!appear!to!have!been!omitted.!!It!would!seem!that!this!previous!public!input!is!important!to!understating!any!issues!raised!as!part!of!the!Draft!SEIR!process,!and!needs!to!be!available!in!time!for!adequate!review!prior!to!the!scheduled!April!22,!2010!public!meeting.!!When!would!an!updated!Draft!SEIR!be!made!available!for!review?!!!Sincerely,!

!Richard!Brennan!2251!Gavia!Court!San!Leandro,[email protected]!

Comment Letter G

G-1

G-2

Page 51: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.G-1 ESA / 200066.01 Final Supplemental EIR May 2010

G. Richard Brennan, Resident, April 2, 2010

G-1 Comment acknowledged. Hard copies of the comment letters received during the NOP scoping period were not included in Appendix A of the Draft SEIR due to a production oversight. When brought to LAVWMA’s attention all commenting entities were provided with copies of the NOP scoping comments and they were posted them to the website that was noticed in all outreach and noticing activities. CEQA Section 21082.1, states that, “the information or other comments may be submitted in any format, shall be considered by the public agency, and may be included, in whole or in part, in any report or declaration.” An environmental impact report is a public information document intended to provide public agencies and the public with detailed information about potential environmental impacts. It should address comments obtained pursuant to Section 21104 or 21153. The summary table provided below demonstrates the comments were considered, included, and addressed in the environmental analysis presented in the Draft SEIR. The hard copies of the scoping comments would not constitute “new significant information” and as such, recirculation of the Draft SEIR is not required.

TABLE A SUMMARY OF SCOPING COMMENTS AND IDENTIFICATION AND

EXPLANATION OF INCLUSION AND CONSIDERATION OF ISSUES IN DRAFT SEIR

Commenter Comment Inclusion and Consideration of Issues in SEIR

Lee Chien Huo, Bay Trail Planner, San Francisco Bay Trail

! SEIR should analyze impacts to existing Bay Trail and identify mitigation measures for those impacts.

Short-term disruption of use and construction related-damage of Bay Trail is address in the SEIR:- Impact 3.6.2 (page 3.6-7), and associated

Mitigation Measures 3.6.2b and 3.6.2c; - Impact 3.13.1-GP1 (page 3.13-6), and

associated Mitigation Measure 3.13.1-GP1. ! SEIR should evaluate potential impacts on

recreational usage of the existing Bay Trail during construction.

Impact 3.13.1-GP1 (page 3.13-6) discusses recreational access relative to proposed construction staging locations, vehicle access, and temporary closures. Implementation of Mitigation Measure 3.13.1-GP1(page 3.13-8) requires that LAVWMA restrict construction staging activities a reasonable distance from the Trail; conduct construction.

! SEIR should consider impacts based on criteria such as visual quality, noise, air quality, visual access, physical access, and public nature/ feel of trail.

Impacts to visual resources, noise, air quality, recreational access are addressed in their respective SEIR sections: Section 3.7, Visual Resources; Section 3.10, Noise; and Section 3.6, Land Use and, Planning, and Recreation.

! Detours should provide safe, direct, and continuous connection to the Bay Trail segments adjacent to the impacted section.

Per Mitigation Measure 3.6.2c, LAVWMA will establish detours, in coordination with the City of San Leandro and East Bay.

! Mitigation should be included to address the temporal loss, including improvements to the trail.

Mitigation Measure 3.6.2b (page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions.

! SEIR should include discussion of construction impacts such as drilling, truck/equipment traffic, staging that could deteriorate/ damage the existing trail.

Potential damage to trail pavement is discussed in Impact 3.6.2 (page 3.6-7). Mitigation Measure 3.6.2b (page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions.

Page 52: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments G. Richard Brennan, Resident, April 2, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.G-2 ESA / 200066.01 Final Supplemental EIR May 2010

TABLE A (Continued) SUMMARY OF SCOPING COMMENTS AND IDENTIFICATION AND

EXPLANATION OF INCLUSION AND CONSIDERATION OF ISSUES IN DRAFT SEIR

Commenter Comment Inclusion and Consideration of Issues in SEIR

Lee Chien Huo, Bay Trail Planner, San Francisco Bay Trail (Cont.)

! Suggests mitigation to address deterioration/ damage should be provided by restoring and improving the impacted Bay Trail and the adjacent segments to provide a coherent trail appearance.

Mitigation Measure 3.6.2b (page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions.

! Requests inclusion on distribution lists and hard copy of SEIR.

A hard copy of the SEIR was provided 3/24/10.

Richard Brennan, Resident, Heron Bay, San Leandro

! Concerned about impacts of wet-weather flow on system during construction.

One objective of the project is to increase the wet-weather capacity available to LAVWMA (page 1-5), thereby avoiding potential future impacts associated with wet-weather flows. Construction will occur during a short-term period and is not anticipated to result in impacts from wet-weather flows.

! Concerned about decision to trench versus bore. The portion of the pipeline between the existing 36” line (installed several years ago) and the east bore pit is proposed as a trench. Commenter questions what would preclude boring to reduce the disruption behind the row of houses on Pacific View Ct.

Horizontal Directional Drilling methods and project design are developed to achieve successful, expeditious installation of the Western Terminus pipeline.

! Concerned about impacts to birds, including great heron, osprey, kite, egret, blue heron, shorebirds, duck, hummingbirds.

Impacts to special status species, including great blue heron, white-tailed kite, Alameda song sparrow, California Clapper rail and black rail, salt marsh common yellowthroat, northern harrier, loggerhead shrike, are discussed in Impact 3.4.2 (page 3.4-46) in SEIR Section 3.4, Biological resources. Mitigation Measure 3.4.2e-GP1, 3.4.2-GP1a, 3.4.2-GP1b, 3.4.2-GP1c, 3.4.2-GP1d (pages 3.4-48 and 3.4-49) will require avoidance of special status species, education and monitoring by a qualified biologist and implementation of measures from the USFWS Biological Opinion.

! Recommends coordination with Invasive Spartina Project to eradicate spartina.

Spartina eradication is not identified as one of the objectives of the project and is not included in the CEQA analysis.

! Concerned about exposure of contaminated soils, leaching of toxic materials given the DSTC-EPA remediation site location. Questions if test cores could be taken prior to construction.

The SEIR includes a discussion of historic uses of the project site (Trojan Powder Works), and reiterates the 1998 EIR impact discussions and mitigation measures (page 3.12-2). Impacts 3.12.1 and 3.12.2 acknowledge potential contact with contaminated soils (page 3.12-7) and identifies Mitigation Measures 3.12.1a through 1b and 3.12.2a through 2c (page 3.12-7) to minimize or avoid impacts to public health and safety. These measures require development of a Health and Safety Plan that includes contingency for management and disposal of hazardous materials. Geotechincal work may also be conducted prior to construction.

! Acknowledges inevitable damage to neighborhood park and native plant garden; requests restoration and repaving of disturbed area.

As part of the project design, all disturbed areas will be revegetated and restored to pre-construction conditions (page 2-1).

! Concerned about impacts such as pavement damage and accidents associated with truck/ trailers on roundabout, near bicycle/ pedestrian facilities.

The SEIR includes a discussion of updated traffic and roadway conditions at the project site in Section 3.8, Traffic and Circulation. Impact 3.8.6 (page 3.8-8) addresses potential wear-and-

Page 53: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments G. Richard Brennan, Resident, April 2, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.G-3 ESA / 200066.01 Final Supplemental EIR May 2010

TABLE A (Continued) SUMMARY OF SCOPING COMMENTS AND IDENTIFICATION AND

EXPLANATION OF INCLUSION AND CONSIDERATION OF ISSUES IN DRAFT SEIR

Commenter Comment Inclusion and Consideration of Issues in SEIR

Richard Brennan, Resident, Heron Bay, San Leandro (cont.)

tear of designated haul routes for construction vehicle access to the site. The SEIR acknowledges the residential streets are not designed to withstand substantial truck traffic; Mitigation Measures 3.8.6a and 3.8.6b (page 3.8-6) require LAVWMA to document pre-project road conditions, restore roadways after project completion and to obtain the required encroachment permits for construction. LAVWMA and the City of San Leandro Public Works Department will assess the degree to which road repair is required. LAVWMA and its contractors will also comply with the conditions established in road encroachment permits issued by the City of San Leandro.

! Concerned about public access to Heron Bay/ Bunker Marsh trail, particularly access on the eastern side of project.

Per Mitigation Measure 3.6.2c, LAVWMA will establish detours, in coordination with the City of San Leandro and East Bay.

! Recommends post-construction restoration, including revegetation with native plants and recontouring, at western work area.

As part of the project design, all disturbed areas will be revegetated and restored to pre-construction conditions (page 2-1). Mitigation Measure 3.4-1-GP1 requires development of a Mitigation and Monitoring Plan that includes restoration of temporary filled wetlands to original contours, replanting, irrigation and weeding, and site protection. Mitigation Measure 3.4.1b requires revegetation of bare marsh areas using native plants such as pickleweed, salt grass, and native cordgrass. Mitigation Measures 3.7.1b requires revegetation with native plants for disturbed areas (not in roadways). Additionally Mitigation Measure 3.6.2b (page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions. Revegetation would also be implemented per Mitigation Measure 3.2.1 to minimize erosion.

G-2 Under CEQA Guidelines §15088.5, recirculation of a Draft EIR is required when significant new information is added to the Draft EIR following the public review period, but before certification. New information added to an EIR is not considered “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project proponents have declined to implement. “Significant new information” requiring recirculation would include the following:

! A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.

! A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.

Page 54: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments G. Richard Brennan, Resident, April 2, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.G-4 ESA / 200066.01 Final Supplemental EIR May 2010

! A feasible project alternative or mitigation measure considerably different from those previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to adopt it.

None of the above criteria established under CEQA Guidelines §15088.5 are applicable to the Draft SEIR. Therefore, recirculation of the SEIR is not warranted. In this case, the comments were directly incorporated or addressed in the Draft SEIR, therefore inclusion of the physical comment letters would only amplify or make insignificant modifications in the Draft SEIR.

Page 55: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

THIS PAGE INTENTIONALLY LEFT BLANK

Page 56: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

10!May,!2010!

Livermore"Amador!Valley!Water!Management!Agency!c/o!! Paul!Curfman!"!Project!Manager!

Environmental!Science!Associates!1425!N.!McDowell!Blvd.!!Suite!200!Petaluma,!CA!!94954!!

Re:!!Comments!on!LAVWMA!Draft!SEIR!!I!would!like!to!thank!the!Livermore"Amador!Valley!Water!Management!Agency!for!the!efforts!made!over!the!last!several!months!to!inform!and!engage!the!Heron!Bay!community!in!the!Supplemental!Environmental!Impact!Report!review!process.!

As!previous!commented,!there!is!support!for!the!overall!Western!Terminus!project,!as!the!most!viable!current!option!given!the!poor!condition!of!the!existing!pipeline!and!the!desire!to!avoid!further!disruptive!"emergency"!repairs.!

Attached!are!comments!re"stating!of!Heron!Bay!residents'!general!concerns!in!the!areas!of:!

! Workplan:!!Minimizing!impact!on!Heron!Bay!community!! Traffic!:!!Heavy!trucks!at!Heron!Bay!roundabout!and!on!SF!Bay!levee!! Bay!Trail:!!Maintaining!Access"!!! Restoration:!!Park,!uplands,!and!Marsh!

!

Sincerely,!!!!

!

Richard!Brennan!Heron!Bay!Resident!2251!Gavia!Court!San!Leandro,[email protected]!!

Comment Letter H

Page 57: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

10!May,!2010!

Draft SEIR Comments: !

• Workplan Given!the!few!months!available!to!complete!the!project;!Heron!Bay!residents!have!two!primary!areas!of!concern:!

! Activities!which!detract!from!the!overall!appearance!of!the!neighborhood.!! Minimizing!disruptive!construction!activity!

The!best!course!of!action!seems!to!be!a!workplan!schedule!which!concentrates!disruptive!activity!into!the!least!possible!time.!

Heron!Bay!has!expressed!support!for!a!7"day!work!week,!where!selective!use!would!decrease!the!total!duration!of!the!disruption.!

As!was!noted!in!the!Public!Meetings,!Community!outreach!is!vital,!and!Heron!Bay!residents!should!be!kept!well"informed!as!to!the!specific!activities!upcoming!at!each!stage!of!construction,!and!any!impact!this!may!have!on!normal!activity!around!the!neighborhood!!(eg!access,!traffic,!parking,!noise,!lights,!etc.).!!Consideration!should!be!given!to!providing!both!appropriate!signage!and!an!on"site!point"of"contact.!

In!addition,!residents!whose!properties!are!immediately!adjacent!to!work!areas,!especially!those!on!Pacific!View!drive,!should!be!contacted!in!person!to!discuss!the!planned!activity!near!them.!!!

• Traffic The!Bayfront!Drive!roundabout!will!be!heavily!impacted!by!the!construction!equipment!and!truck!traffic.!!As!discussed!at!the!April!Public!Meetings,!consideration!should!be!given!to!temporarily!removing!or!covering!the!unstable!decorative!cobblestone!surface,!and!to!modifying!the!central!planter!for!the!duration!of!the!project.!!Of!course,!this!area!is!a!signature!element!of!the!neighborhood!"look"!and!must!be!restored!to!original!specifications!as!quickly!as!possible.!

Construction!truck!using!the!Marina!entrance!will!be!transiting!the!bay!levee!for!over!a!mile.!!The!structural!integrity!of!the!levee!must!be!monitored,!especially!given!the!potential!for!subsidence!caused!by!heavy!loads!on!areas!weakened!by!animal!burrows.!!!

• Bay Trail The!San!Francisco!Bay!Trail!is!a!signature!element!of!the!Robert's!landing!area.!!A!primary!objective!must!be!to!maintain!access!for!walkers,!bike!riders,!skaters,!and!the!mobility!impaired.!This!means!that!unlike!during!previous!construction!activities;!crossing!through!soggy!grass,!mud!puddles,!or!rock!and!dirt!debris!on!the!trail!is!NOT!an!appropriate!option.!

Comment Letter H

Page 58: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

10!May,!2010!

In!addition,!the!Bay!Trail!pathway!is!currently!a!smooth!and!essentially!unbroken!surface,!with!very!gradual!transitions!to!the!gravel!margins.!!Reconstruction!of!the!trail!will!be!essential!to!public!perception!as!to!the!effectiveness!of!the!restoration!process.!

• Restoration The!Western!work!location!and!turnaround!will!impact!the!existing!uplands!at!one!of!the!more!scenic!Bay!outlooks!along!this!portion!of!the!Bay!Tail.!!This,!and!similar!areas,!should!be!fully!restored!using!appropriate!and/or!native!species...!and!not!allowed!to!become!overrun!with!invasive!fast"growing!varieties,!as!has!happened!previously.!

The!trench!at!the!Eastern!work!location!will!destroy!the!existing!park!setting!for!the!second!time!in!the!last!few!years,!and!will!impact!the!mature!trees!which!line!the!southwest!perimeter!of!the!lawn!area.!!A!qualified!arborist!should!be!involved!in!minimizing!damage!to!the!trees,!and!the!entire!area!will!require!reconstruction!to!original!specifications.!

!

Comment Letter H

Page 59: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.H-1 ESA /200066.01 Final Supplemental EIR May 2010

H. Richard Brennan, Resident, May 10, 2010

H-1 Comment acknowledged. Refer to Response to Comment F-1 for a response that addresses concerns about potential impacts to neighborhood appearance and summarizes mitigation required in the Draft SEIR.

H-2 Comment acknowledged. Refer to Response to Comment F-2 for a discussion of project measures developed to minimize construction disruption.

H-3 Comment acknowledged. Refer to Response to Comments E-11 and F-3 for a discussion of construction operation hours.

H-4 Comment acknowledged. Refer to Response to Comment F-4 for a discussion of public outreach mechanisms that LAVWMA will implement during construction.

H-5 Comment acknowledged. Refer to Response to Comments E-3 and F-5 for a discussion of requirements to repair damaged City of San Leandro infrastructure.

H-6 Comment acknowledged. Refer to Response to Comment F-5 for a discussion of requirements to repair damaged property and restoration measures required in the Draft SEIR.

H-7 Comment acknowledged. Refer to Response to Comments D-3, E-4, E-5, and F-7 for a discussion of Draft SEIR measures that require maintenance of recreational access and restoration of disturbed areas to pre-project conditions.

H-8 Comment acknowledged. Refer to Response to Comments D-4 and F-8 for a discussion of post-project restoration requirements, including revegetation of construction and staging areas.

Page 60: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

file:////sfo-file01/...0Documents/SEIR/Final%20SEIR/Comments%20on%20DRAFT/I_R.Ching%20-%20drinking%20Water%205-8-10.htm[5/17/2010 11:33:13 AM]

From: Paul CurfmanSent: Monday, May 10, 2010 10:05 AMTo: 'jessica ching'; lavwmaSubject: RE: Is San Leandro Water Remaining Drinkable During and After Your Pipeline Replace Period, Fall 2010?Dear Richard,

The pipeline being replaced by LAVWMA carries treated waste water from Dublin, Livermore and Pleasanton. The drinking watersupplied to your home comes from a completely different source and is not connected to, nor affected by the water in theLAVWMA pipeline. Your drinking water will remain safe during the LAVWMA construction period.

Thank you for your question.

Sincerely,

Paul CurfmanManaging AssociateESA | Water1425 N. McDowell Boulevard, Suite 200Petaluma, CA 94954707.795-0900 office | 707.795-0902 fax707.795.0957 direct | 415.637.8182 [email protected]

From: jessica ching [mailto:[email protected]] Sent: Saturday, May 08, 2010 3:06 PMTo: lavwmaSubject: Is San Leandro Water Remaining Drinkable During and After Your Pipeline Replace Period, Fall 2010?

Dear Officer in Charge c/o Mr. Paul Curfman:Thank you for your Notice of Preparation Availability notice to our home located at Heron Bay, San Leandro, CA94579.Our main concern is really the Subject matter. Since the kids and the families in this area always drink and cookwith the water, the only major source we have. Please give us a short answer at your best convenience. Thankyou kindly, indeed.Sincerely,Richard M. Chinga citizen in Alameda County, CA

The New Busy is not the too busy. Combine all your e-mail accounts with Hotmail. Get busy.

Comment Letter I

I-1

Page 61: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project- Western Terminus 2.I-1 ESA /200066.01 Final Supplemental EIR May 2010

I. Richard Ching, Resident, May 8, 2010

I-1 Comment acknowledged. The pipeline being replaced by LAVWMA, the Western Terminus, conveys treated wastewater from Dublin, Livermore, and Pleasanton to the East Bay Dischargers Authority pipeline. Drinking water supplied to residential areas is provided by a different and separate system and is not connected to, nor affected by, wastewater inflow to the Western Terminus pipeline. There would be no significant adverse effects to drinking water associated with the proposed project. Since this comment does not affect the environmental analysis in the Draft SEIR, no changes in the Final SEIR are required.

Page 62: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

1425 N. McDowell Boulevard

Suite 200

Petaluma, CA 94954

707.795.0900 phone

707.795.0902 fax

www.esassoc.com

memorandum

date April 23, 2010

to LAVWMA Western Terminus Project Management Team, Project File 200066.01

from Paul Curfman, ESA Project Manger

subject Report on LAVWMA SEIR Public Meeting, April 22, 2010

A public meeting was held at the Marina Community Center in San Leandro on the 40th Earth Day, April 22, 2010 to present LAVWMA’s Western Terminus Project, the impacts identified in the SEIR and to provide a forum for public comment. Attending the meeting was: Ed Cummings, LAVWMA General Manager; Charlie Joyce, Lead Engineer for Brown and Caldwell (B&C); and Jim O’Toole, Paul Curfman and Chris Rogers of the ESA Project Management Team. Despite the notification of every homeowner in the area, only two community members came to the meeting: Michael Ostwind, President of the Heron Bay Home Owners Association (HOA); and Richard Brennan HOA member. Richard also attended the Scoping Meeting on January 14, 2010 and submitted formal scoping comments. Below is a summary of comments herd from Michael and Richard.

Accelerate Schedule – HOA wants project done and contractor out as soon as possible (as does LAVWMA) Working 6 day a week is okay if it helps finish quicker – offered to send a letter to the city stating such Working 24 hours a day is also okay too for short intensive construction periods when necessary Concern about rain affecting schedule, which it could, 6 days/wk in fall is insurance for rain delays

Consider tunneling the eastern section too. B&C responded this would take longer and cause impact to Heron Dr. Access vs. Trees – Concern about protection of trees, damage and replacement (Protection and Restoration Plans)

Construction effects to Circle at Bayfront Drive and Lewelling (specs) B&C evaluated turning radius for construction trucks, only minimal edge of circle needs to be removed HOA wants the plants maintained in the circle - some will be selling homes during construction B&C – remove pavers and providing temporary AC during construction, HOA approved B&C - replace pavers in spring under optimal conditions for creating compacted base, HOA okay

Residents along Pacific View HOA request meeting or direct door-to-door notification about construction along route(Pre construction) HOA proposed doggie bag dispensers at either end of street proposed for pedestrian access (specs)

Concern about potential impacts of heavy truck use to City Levee (specs) HOA suggests pre and post construction surveys of levee and repair of any damage caused by trucks

Exit Plan if there are delays and contractor cannot finish within allowed construction window (specs) HOA wants assurances the site will not be left abandoned or not restored (Liquidated damages) Engineering team meets weekly with contractor for 3 week outlook to foresee issues, adjust schedule

Comment Letter J

J-1

J-2

J-3

J-4

J-5

J-6

Page 63: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.J-1 ESA / 200066.01 Final Supplemental EIR May 2010

J. Public Hearing, April 22, 2010

J-1 Comment acknowledged. The commenter encourages implementation of an accelerated construction schedule. Please refer to responses to Comments E-11 and F-3 for a discussion of potential for extension of construction operation hours pursuant to agreements with the City of San Leandro.

J-2 Comment acknowledged. The commenter recommends tunneling rather than trenching at the Eastern Temporary Construction area to reduce impacts to the park area. Based on engineering feasibility, tunneling at the eastern section would result in a longer duration of construction, increased complexity, higher risk and an expanded impact area to include Heron Drive and Bayfront Drive, thus restricting access to the neighborhoods. For these reasons, trenching rather than tunneling the eastern portion of the project is included in the project description.

Concerns were also expressed about the protection of trees and their potential replacement. As part of the project design, trees will be protected, impacts to trees will be avoided and all disturbed areas will be revegetated and restored to pre-construction conditions (Draft SEIR page 2-1). Mitigation Measure 3.4-1-GP1 (Draft SEIR page 3.4-46) requires development of a Mitigation and Monitoring Plan that includes restoration of temporary filled wetlands to original contours, replanting, irrigation and maintenance. Mitigation Measure 3.4.1b (Draft SEIR page 3.4-43) requires revegetation of bare marsh areas using native plants such as pickleweed, salt grass, and native cordgrass. Mitigation Measures 3.7.1b (Draft SEIR page 3.7-3) requires revegetation with native plants for disturbed areas (not in roadways). Additionally Mitigation Measure 3.6.2b (Draft SEIR page 3.6-5) requires restoration of disturbed bicycle lanes and pedestrian areas to pre-project conditions. Revegetation would also be implemented per Mitigation Measure 3.2.1 (Draft SEIR page 3.2-10) to minimize erosion. See also response to Comments D-3 and F-8.

J-3 Comment acknowledged. Commenter is concerned about construction effects to the traffic circle located at the neighborhood entrance at Bayfront Drive and Lewelling Drive. LAVWMA and its engineering contractor evaluated the turning radius for construction trucks and determined only a minimal portion of the circle would need to be removed for construction purposes. During construction, pavers would be removed and asphalt would be installed around the circle and plants within the circle would continue to be maintained. As discussed in response to comment F-5 above, Mitigation Measure 3.8.6 (Draft SEIR page 3.8-6) is intended to minimize visual and structural damage to roadways, and has been clarified to include specific mitigation actions. Following construction, asphalt in the circle would be removed, a subgrade prepared and the pavers would be replaced. Any damaged asphalt along Bayfront Drive would also be repaired. Disturbed areas will be restored to pre-project conditions.

Page 64: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments J. Public Hearing, April 22, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.J-2 ESA / 200066.01 Final Supplemental EIR May 2010

J-4 Comment acknowledged. Commenter is concerned about neighborhood disturbance to the nearest residents on Pacific View Drive. See also response to Comment F-4. LAVWMA would provide notification to residents during construction, as required under Mitigation Measure 3.8.5d (Draft SEIR page 3.8-6). Notices would include contact information for a 24-hour hotline, as specified in Draft SEIR Mitigation Measure 3.8.1e (Draft SEIR page 3.8-5). A project liaison and full-time construction manager would be onsite during construction. Additionally, advanced signage would be posted prior to construction. LAVWMA representatives would be available to contact Pacific View Drive residents directly upon request. To clarify, Mitigation Measure 3.8.5d has been updated to provide temporal parameters for notification activities, as written below.

“Mitigation Measure 3.8.5d: LAVWMA shall require a minimum 72-hour advance notice of access restrictions for residents and businesses. Affected residents and businesses would be advised when to move motor vehicles out of the area to be closed. Notification and other requirements stipulated in Mitigation Measure 3.6.1d (Encroachment Permit) shall be incorporated into the Traffic Control Plan. Residents on Pacific View Drive would be noticed with flyers 30 days and 7 days prior to start of construction.”

J-5 Comment acknowledged. The commenter is concerned about structural damage to the levee as a result of construction truck traffic and asserts that any damage must be repaired before completion of the contract. The commenter suggests pre- and post-surveys to assess damage caused during the construction period. Refer to response to Comment F-6. As part of requirements established under Mitigation Measure 3.8.1b (Draft SEIR page 3.8-5), LAVWMA will develop a Traffic Control Plan in coordination with local agencies with jurisdiction. As discussed above, Mitigation Measure 3.8.6 (Draft SEIR page 3.8-6) requires documentation of pre-construction conditions for comparison to post-construction conditions. This mitigation measure has been revised to clarify that, through consultation with the City of San Leandro, LAVWMA and the City of San Leandro will develop a strategy to maintain the surface elevation of the levee and if necessary will resurface the levee after construction traffic is finished there in order to maintain baseline elevations of the levee. All actions and responsibilities related to assessment and remediation of damage to the levee would be determined through agreements with the City prior to construction. Clarification text has been added to Mitigation Measure 3.8.6, as noted below (see also response to comment F-5 for additional clarification to Mitigation Measure 3.8.6):

Mitigation Measure 3.8.6d: LAVWMA and the City of San Leandro will develop a strategy to maintain the surface elevation of the levee and if necessary will resurface the levee after construction traffic is finished there in order to maintain baseline elevations of the levee. All actions and responsibilities related to assessment and remediation of damage to the levee would be determined through agreements with the City prior to construction.

J-6 Comment acknowledged. The commenter advises development of exit plan if there are delays and the contractor cannot finish within the allowed construction window in order

Page 65: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

2. Responses to Comments J. Public Hearing, April 22, 2010

LAVWMA Export Pipeline Facilities Project – Western Terminus 2.J-3 ESA / 200066.01 Final Supplemental EIR May 2010

to avoid site abandonment and deferred or cancelled restoration. Prior to construction, LAVWMA will develop an exit strategy that would identify decision schedules and appropriate contingency measures to be implemented in the event that construction is delayed beyond the 2010 – 2011 construction season. Mitigation Measure 3.4.1-GP1 (Draft SEIR pages ES-5 and 3.4-45), addresses restoration requirements, and has been updated to clarify the need for development of an exit plan:

Mitigation Measure 3.4.1c-GP1: Prior to construction, LAVWMA will develop an exit strategy that would identify decision schedules and appropriate contingency measures to be implemented in the event that construction is delayed beyond the 2010 – 2011 construction season.

Page 66: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-1 ESA / 200066.01 Final Supplemental EIR May 2010

CHAPTER 3

A. Revisions to the Draft SEIR In accordance with CEQA Guidelines Section 15088 (d), the response to comments may take the form of a revision to the Draft EIR or may be a separate section in the Final EIR. The text changes presented in this chapter were initiated by Lead Agency staff or by comments on the Draft SEIR. The changes are in the order they appear in the Draft SEIR and include text corrections to the Draft SEIR in cases where the error may cause misinterpretation of the information. Throughout this chapter, newly added text is shown in underline format, and deleted text is shown in strikeout format. For changes initiated by comments on the Draft SEIR, the alpha-numeric comment designator is indicated.

1) Pursuant to Comment F-8, the mitigation for Impact 3.4.1 included in the Draft SEIR (pages Mitigation Measure ES-5 and 3.4-45) has been revised to include clarification, as follows:

“Mitigation Measure 3.4.1a-GP1: The temporary fill of wetlands and other waters of the U.S. near the EBDA connection vault will require permit approval from the Corps. The project would most likely proceed under Nationwide Permit #33 (Temporary Construction, Access, and Dewatering) pursuant to Section 404 of the Clean Water Act. Water quality certification from the RWQCB will also be required, pursuant to Section 401 of the Clean Water Act. The project site also lies within the BCDC jurisdiction. A minor permit was issued from the BCDC for the 16-mile-long project and an amendment to that permit will need to be obtained for the current project. Work will proceed under the terms of the Corps, RWQCB, and BCDC permits.

Mitigation Measure 3.4.1b-GP1: LAVWMA and its contractors will protect existing trees and consider retention of an arborist to assess any potential damage to mature trees and if necessary establish a tree retention and replacement plan.

Mitigation Measure 3.4.1b: See Table 3.4.3.”

Page 67: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

3. Revisions to the Draft SEIR

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-2 ESA / 200066.01 Final Supplemental EIR May 2010

2) Mitigation Measure 3.4.1-GP1, Draft SEIR pages ES-5 and 3.4-45 addresses restoration requirements, and has been updated to clarify the need for development of an exit plan:

Mitigation Measure 3.4.1c-GP1: Prior to construction, LAVWMA will develop an exit strategy that would identify decision schedules and appropriate contingency measures to be implemented in the event that construction is delayed beyond the 2010 – 2011 construction season.

3) In response to Comment B-2, Mitigation Measure 3.4.2-GP1 (Draft SEIR pages ES-6 and 3.4-48) has been clarified to define the term “daily sweeps” as follows:

“Mitigation Measure 3.4.2-GP1b: To avoid direct take, all work will be conducted in such a manner that it will not directly or indirectly kill or injure a special status species; will not intentionally or negligently harass a special status species to such an extent that it significantly disrupts normal behavioral patterns; and will not adversely modify the habitat of special status species. A full-time biological monitor will be on-site during all construction activities. The monitor’s duties will include:

! worker environmental education; ! daily sweeps surveys of the construction area for special status species; and! daily inspection of the exclusion fencing located around the work areas.

(Additional information regarding exclusion fencing is discussed below in Measure 3.4.2i).

The monitor will also pay specific attention to work within upland areas during high tides or storm events when California clapper rail and salt marsh harvest mouse are more likely to use these areas as refuge”.

4) In response to recommendations provided in Comment A-1, the following language has been incorporated, denoted in underlined text below, as part of the following Mitigation Sections to clarify additional requirements:

Impact 3.5.1, Mitigation Measure 3.5.1-GP1, Draft SEIR page 3.5-16:

“Mitigation MeasuresMitigation Measure 3.5.1-GP1: Archaeological Monitoring of Ground-Disturbing Activities. Conduct archaeological monitoring during ground-disturbing project activities. Monitors must have a minimum of a bachelor’s degree in anthropology or archaeology and 2 years of professional experience. During the course of the monitoring, the archaeologist may adjust the frequency—from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources. If cultural resources are located during monitoring, monitors will immediately halt construction

Page 68: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

3. Revisions to the Draft SEIR

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-3 ESA / 200066.01 Final Supplemental EIR May 2010

within 100 feet of the find and notify the LAVWMA. The monitors shall, after making a reasonable effort to assess the identity, integrity, and significance of the encountered archaeological deposit, present the findings of this assessment to the LAVWMA. If the archaeologist determines that the resources may be significant, they will develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature.

In considering any suggested mitigation proposed by the archaeologist in order to lessen impacts to cultural resources, the project proponent will determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. Work may proceed in other parts of the project area while mitigation for cultural resources is being carried out.

Mitigation Measures 3.5.1b-GP1: Artifact Recovery. Artifacts found on lands under the jurisdiction of the State Lands Commission are considered the property of the State of California. Any disposition of these artifacts requires the approval of the State Lands Commission and a transfer of title may be required.

Mitigation Measures 3.5.1c-GP1: Reporting Requirements. Copies of all cultural resource reports must be submitted to the State Lands Commission for any projects orstudies completed on land under the jurisdiction of the Commission.

Significance after Project-Proposed Mitigation: Less than Significant.”

Impact 3.5.2-GP1, Mitigation Measure 3.5.2-GP1 (Draft SEIR page 3.5-17):

“Mitigation MeasuresMitigation Measure 3.5.3-GP1: Halt Work if Human Skeletal Remains are Identified During Construction. If human skeletal remains are uncovered during project construction, the project proponent will immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the county coroner determines that the remains are Native American, the coroner will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains.

Mitigation Measures 3.5.1b-GP1.

Mitigation Measures 3.5.1c-GP1.

Page 69: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

3. Revisions to the Draft SEIR

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-4 ESA / 200066.01 Final Supplemental EIR May 2010

Significance after Project-Proposed Mitigation: Less than Significant.”

5) Pursuant to Comment D-3, Mitigation Measure 3.6.2b, page 3.6-5 has been revised as follows:

Mitigation Measure 3.6.2b: LAVWMA shall ensure that its contractors restore disturbed bicycle lanes, and pedestrian areas, and existing Bay Trail signage to their pre-project condition.

6) Pursuant to public agency comment D-1, the references to Neptune Drive in the Draft SEIR text presented on the on the following pages have been revised to reflect the roadway name, Monarch Bay Drive for the roadway that extends Marina Boulevard to the south through Marina Park to the gated entrance to Neptune Drive and the Bay Trail as it crosses the bridge to the EBDA Dechlorination facility:

Draft SEIR, Section 3.8, Traffic and Transportation, page 3.8-1:

“However, since publication of the 1998 EIR, the Heron Bay residential development has been completed and the use of Marina Boulevard, Monarch Bay Drive, NeptuneDrive and the Bay Trail levee as a truck route to reach the project site was not discussed in the 1998 EIR”.

Draft SEIR, Section 3.8, Traffic and Transportation, page 3.8-2:

“Marina Boulevard, from its western terminus (at Neptune Drive Monarch Bay Drive) to I-880, is an arterial roadway that varies between two and four lanes”.

Draft SEIR, Section 3.8, Traffic and Transportation, page 3.8-4, New or Modified Impacts and Mitigation Measures Impacts:

“However, since publication of the 1998 EIR, the Heron Bay residential development at Heron Drive and Bayfront Drive, with access provided primarily from Bayfront Drive, has been completed. Additionally, the use of Marina Boulevard, Monarch Bay Drive, Neptune Drive and the Bay Trail levee as a truck route to reach the project site was not discussed in the 1998 EIR. Therefore, changes to the analysis provided in the 1998 EIR in the Traffic and Circulation section related to the change to the surrounding land uses and to the proposed truck route are limited to…”.

Draft SEIR, Section 3.8, Traffic and Transportation, page 3.8-8, Impact 3.8.5:

“As stated above, since publication of the 1998 EIR, the Heron Bay and Baywalk residential developments at Heron Drive and Bayfront Drive, with access provided primarily from Bayfront Drive, have been completed. Additionally, the use of Marina Boulevard, Monarch Bay Drive, Neptune Drive and the Bay Trail levee as a truck

Page 70: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

3. Revisions to the Draft SEIR

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-5 ESA / 200066.01 Final Supplemental EIR May 2010

route to reach the project site was not discussed in the 1998 EIR. Therefore, changes to the analysis provided in the 1998 EIR in the Traffic and Circulation section related to the project’s effects on access are described below”.

Mitigation Measure 3.8.6a, Draft SEIR page 3.8-6, is modified to clarify that pre- and post- construction surveys, in addition to video documentation of existing road conditions, will be compared to determine if any subsidence has occurred, and if so, levee will be brought back up to original elevations by LAVWMA.

“Mitigation Measure 3.8.6a: Prior to start-up of project construction, LAVWMA shall survey the levee supporting the Bay Trail and prepare a videotape of road conditions for all routes that will be used by project-related vehicles. LAVWMA shall conduct post-construction survey of the levee andprepare a similar videotape of road conditions after project construction is completed. The pre- and post-construction conditions of the haul routes shall be reviewed by staff of the local Public Works Department. An agreement shall be entered into prior to construction that will detail the pre-construction conditions and post-construction requirements of the rehabilitation program.”

7) Text in Mitigation Measure 3.8.6, Draft SEIR page 3.8-6, has been revised to clarify these requirements, as follows:

Mitigation Measure 3.8.6c: Following construction, asphalt in the traffic circle would be removed, a subgrade would be prepared, and the pavers would be replaced. Any damaged asphalt along Bayfront Drive would also be repaired.

8) Text in Mitigation Measure 3.8.5d, Draft SEIR page 3.8-6, has been updated to provide temporal parameters for notification activities, as written below.

“Mitigation Measure 3.8.5d: LAVWMA shall require a minimum 72-hour advance notice of access restrictions for residents and businesses. Affected residents and businesses would be advised when to move motor vehicles out of the area to be closed. Notification and other requirements stipulated in Mitigation Measure 3.6.1d (Encroachment Permit) shall be incorporated into the Traffic Control Plan. Residents on Pacific View Drive would be noticed with flyers 30 days and 7 days prior to start of construction.”

Page 71: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

3. Revisions to the Draft SEIR

LAVWMA Export Pipeline Facilities Project – Western Terminus 3-6 ESA / 200066.01 Final Supplemental EIR May 2010

9) Clarification text has been added to Mitigation Measure 3.8.6, Draft SEIR page 3.8-6, as noted below (see also response to comment F-5 for additional clarification to Mitigation Measure 3.6.8):

Mitigation Measure 3.8.6d: LAVWMA and the City of San Leandro will develop a strategy to maintain the top surface elevation of the levee and if necessary will resurface the levee after construction traffic is finished there in order to maintain baseline elevations of the levee. All actions and responsibilities related to assessment and remediation of damage to the levee would be determined through agreements with the City prior to construction.

10) Text on page 3.10-8 in Section 3.10, Noise has been revised to reflect the correct Municipal Code Article as follows:

“San Leandro also regulates noise through enforcement of the city ordinance, which includes a general provision against nuisance noise sources (City Municipal Code, Title IV, Chapter 1, Article 511).”

11) Text presented in Draft SEIR, Section 3.13, Public Services and Utilities, page 3.13-6, Impact 3.13.1, and Appendix B, Recreational Survey, page B-4 has been revised, per comment D-1, as follows:

“In general, visitors to the Bay Trail enter the trail from the east at Heron Drive and Bayfront Drive, and from the north at Marina Park at the end of Monarch Bay Drive.This span of the Bay Trail is also known as Neptune Drive and is approximately 1.72 miles long”.

Page 72: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus 4-1 ESA / 200066.01 Final Supplemental EIR May 2010

CHAPTER 4

A list of persons who prepared various sections of the EIR, prepared significant background materials, or participated to a significant degree in preparing the EIR is presented below.

TABLE 4-1 LIST OF PREPARERS

Name Participation

Lead Agency - Livermore Amador Valley Water Management Agency (LAVWMA)

Ed Cummings General Manager

Environmental Consultant - Environmental Science Associates (ESA)

James E. O’Toole Project Director

Paul Curfman Project Manager

Katie Blank Response to Comments, Changes to SEIR

Engineering Consultant Brown and Caldwell

Charlie Joyce Project Engineer

Page 73: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

LAVWMA Export Pipeline Facilities Project – Western Terminus A-1 ESA / 200066.01 Final Supplemental EIR May 2010

APPENDIX A

Page 74: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

Appendix A Distribution List

LAVWMA Export Pipeline Facilities Project – Western Terminus A-2 ESA / 200066.01 Final Supplemental EIR May 2010

TABLE A-1 FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT DISTRIBUTION LIST, MAY 2010

Name Title Affiliation/Organization Mailing Address City State Zip Code

Marina Brand Assistant Chief Division of Environmental Planning and Management

California State Lands Commission 100 Howe Avenue, Suite 100-South

Sacramento CA 95825-8202

Michelle Lobo Environmental Scientist, Division of Financial Assistance

State Water Resources Control Board 1001 I Street Sacramento CA 95814

William Kirkpatrick Manager of Water Distribution Planning East Bay Municipal Utility District 375 11th Street Oakland CA 94607

Nicole Noronha and Debbie Pollart

Assistant Engineer City of San Leandro 835 East 14th St San Leandro CA 94577

Kathleen Livermore Planning Manager City of San Leandro 835 East 14th St San Leandro CA 94577

Mark Taylor Maintenance and Operation East Bay Regional Parks PO Box 5381 Oakland CA 94605-0381

Michael Ostwind President Heron Bay Homeowners Association 42000 Christy Street Fremont CA 94538

Richard Brennan Resident Heron Bay 2251 Gavia Court San Leandro CA 94579

Richard Ching Resident Heron Bay Not provided

Page 75: LAVWMA EXPORT PIPELINE FACILITIES PROJECT- WESTERN TERMINUSlavwma.com/pdf/FINALSEIR.pdf · LAVWMA Export Pipeline Facilities Project-Western Terminus i ESA / 200066.01 Final Supplemental

!"#$%&"'()*"+!&,-..$%/%0!"$&%012*30/%0!"$&2/."4!&*%.3*!&)2,!*2#-!230&$2,!5&/"*46&(75&(898

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`&'NLI&"L=GGL "JD&:GJDR=@$FL?&@C&"JD&:GJDR=@&$@>>KDFL?&.GTGQ@A>GDL&.GAJ=L>GDL "F>B :KOG $@>>KDFL?&.GTGQ@A>GDL&.F=GML@= U](&%`&'NLI&"L=GGL "JD&:GJDR=@$FL?&@C&"JD&:GJDR=@&4KaQFM&S@=OB&.GAJ=L>GDL $@@OG bGFLI& 'N/00&$IJA>JD&-@JR "JD&:GJDR=@$FL?&@C&"JD&:GJDR=@1&)JD@=&&=JDMI&:Fa=J=? -GCG=GDMG&.GBO '/N'&)JD@=&&QTR "JD&:GJDR=@#QJ>GRJ&$@KDL?&&@J=R&@C&"KAG=TFB@=B :JF1&FLOG= #QFMG 4=GBFRGDL*&.FBL=FML&] #R>FDFBL=JLF@D&&KFQRFDE*&'//'&,JO&"L=GGL*&V(]P ,JOQJDR#QJ>GRJ&$@KDL?&$QG=O1-GM@=RG=cB&,CCFMG ''0P&)JRFB@D&"L=GGL ,JOQJDR#QJ>GRJ&$@KDL?&4KaQFM&S@=OB&#EGDM? S@QRGBGDaGL .JDFGQ .F=GML@=&JDR&$@KDL?&%DEFDGG= ]XX&%Q>IK=BL&"L=GGL 7J?WJ=R#QJ>GRJ&$@KDL?&SJLG=&.FBL=FML &GJ=R HJ>GB 4,&&@^&(''0 +=G>@DL#QJ>GRJ&$@KDL?&+F=G&.GAJ=L>GDL )M)FQQJD "M@LL .GAKL?&+F=G&)J=BIJQQ U](&%`&'NLI&"L=GGL*&"KFLG&/00 "JD&:[email protected]&"JD&-J>@D&"G=TFMGB&.FBL=FML \0('&.KaQFD&&QTR .KaQFD%JBL&&J?&.FBMIJ=EG&#KLI@=FL? $@DD@= )FMIJGQ& 9GDG=JQ&)JDJEG= /P('&9=JDL&#TGDKG "JD&:@=GDd@$JBL=@&6JQQG?&"JDFLJ=?&.FBL=FML SFQQFJ>B -@QJDR 9GDG=JQ&)JDJEG= /'0N0&)J=BIJQQ&"L=GGL $JBL=@&6JQQG?%JBL&&J?&)KDFMFAJQ&!LFQFL?&.FBL=FML 4,&&@^&/N0(( ,JOQJDR&2@=LI&#QJ>GRJ&$@KDL?&"FG==J&$QKa /'\(&#QQBL@D&SJ? &G=OGQG?"JD&+=JDMFBM@&&J?&3=JFQ&4=@eGML 7K@ :GG &J?&3=JFQ&4QJDDG= '0'&ULI&"L=GGL ,JOQJDR7G=@D&&J?&JDR&&J?WJQO&7@>G@WDG=B&#BB@MFJLF@D )@KDL $JLI? 4=@CGBBF@DJQ&#BB@MFJLF@D&"G=TFMGB N/P'/&$I=FBL?&"L=GGL +=G>@DL"LJLG&:JDRB&$@>>FBBF@D& 2JDMF ">FLI& '00&7@WG&#TG*&"KFLG&'00&"@KLI "JM=J>GDL@&

";<=>?<@&4A=BC>B<D&E<F&,46&034&*<G?<H?=;&";<=>?<@&4I<>JK?@B$#&"LJLG&$QG=J=FDEI@KBG8&9@TG=D@=cB&,CCFMG&@C&4QJDDFDE&JDR&-GBGJ=MI& 'N00&3GDLI&"L=GGL "JM=J>GDL@"LJLG&:JDRB&$@>>FBBF@D 3IJ?G= 4JKQ& %^GMKLFTG&,CCFMG= '00&7@WG&#TG*&"KFLG&'00&"@KLI "JM=J>GDL@&"JD&+=JDMFBM@&-GEF@DJQ&SJLG=&_KJQFL?&$@DL=@Q&&@J=R S@QCG &=KMG&7` %^GMKLFTG&,CCFMG= '('(&$QJ?&"L=GGL*&"KFLG&'N00 ,JOQJDR"JD&+=JDMFBM@&&J?&$@DBG=TJLF@D&JDR&.GTGQ@A>GDL&$@>>FBBF "LGTG& )M#RJ> (0&$JQFC@=DFJ&"L=GGL "JD&+=JDMFBM@&$#&.GAJ=L>GDL&@C&+FBI&JDR&9J>G1&J?&.GQL&-GEF@D&] $IJ=QGB& #=>@= 4,&&@^&N\& L@KDLTFQQG&$#&,CCFMG&@C&7FBL@=FM&4=GBG=TJLF@D SJ?DG& .@DJQRB@D& 4,&&@^&XN/UXP "JM=J>GDL@"LJLG&SJLG=&-GB@K=MGB&$@DL=@Q&&@J=R &JQJEKG= ,BMJ= $IFGC&@C&SJLG=&_KJQFL?&$G=LFCFMJLF@D 4,&&@^&'00 "JM=J>GDL@&$#&.GAJ=L>GDL&@C&4J=OB&JDR&-GM=GJLF@D -@BB 7GD=? 4,&&@^&XN/PU "JM=J>GDL@$JQFC@=DFJ&.GAJ=L>GDL&@C&SJLG=&-GB@K=MGB 2J?RGQQ& 9J?@K 4,&&@^&XN/U]P "JM=J>JDGL@&$#&.GAJ=L>GDL&@C&3=JDBA@=LJLF@D8&3=JDBA@=LJLF@D&4QJDDFDE 4,&&@^&/]PP0 ,JOQJDR$#&.GAJ=L>GDL&@C&3JDBA@=LJLF@D1-FEIL&@C&SJ? 4,&&@^&X/NU\] "JM=J>GDL@$#-&$@JBLJQ&$@>>FBBF@D&2JLFTG&#>G=FMJD&7G=FLJEG&$@>>FBBF@D .GaaFG& 3=GJRWJ?&$#&4KaQFM&!LFQFLFGB&$@>>FBBF@D& :G@& S@DE

:#6S)#&%^A@=L&4FAGQFDG&+JMFQFLFGB&4=@eGML&f&SGBLG=D&3G=>FDKB+FDJQ&"KAAQG>GDLJQ&%5- #1] %"#&8&/000PP`0'

)J?&/0'0