Los Carneros Recycled Water Project - Final is-MND3

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Final

Transcript of Los Carneros Recycled Water Project - Final is-MND3

  • In association withDennis Bowker Consulting Services

    FEBRUARY 2014

    Initial Study/Mitigated Negative Declaration

    Recycled Water Pipeline Project

    LOS CARNEROS WATER DISTRICT

  • Los Carneros Water District Recycled Water Pipeline Project

    Final Initial Study / Mitigated Negative Declaration SCH #2013122043

    Prepared by:

    SMB Environmental, Inc. In Association with

    Dennis Bowker Consulting Services

    February 2014

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    Table of Contents

    Chapter 1 Introduction ........................................................................................................... 1-1 Chapter 2 Comments Received ............................................................................................. 2-1 Chapter 3 Responses to Comments ..................................................................................... 3-1 Chapter 4 Revisions to the Public Draft IS/MND ................................................................. 4-1 Chapter 5 CEQA Findings and Determination: .................................................................... 5-1 Appendicies Appendix A Mitigation Monitoring and Reporting Program .............................................. A-1

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    Chapter 1 Introduction Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq. and CEQA Guidelines), the Los Carneros Water District (District) prepared a Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated with the Districts proposed Recycled Water Pipeline Project (Proposed Project). The purpose of the Proposed Project is to augment the existing surface and groundwater supplies within the District for the irrigation of landscape, vineyards and other agricultural lands within the District. This water will not be used for domestic or direct potable uses. On December 18, 2013, to initiate public review of the Draft IS/MND, the District filed a Notice of Completion (NOC) for the project with the Governors Office of Planning and Research (State Clearinghouse or SCH) and the County of Napa and released the Draft IS/MND for a 30-day public review. The State Clearinghouse identified the project with SCH #2013122043. The 30-day public review period was established between December 18, 2013 and January 21, 2014, with copies of the Draft IS/MND available for review on the Districts website at http://www.carneroswater.org and the Napa County Library at 580 Coombs Street, Napa, CA 94559. This Final IS/MND was prepared according to CEQA Guidelines and considers and incorporates all comments received by the State Clearinghouse and other agencies during the 30-day public review period. The purpose of this document is to clarify facts set forth in the Public Draft IS/MND, as necessary, to ensure accuracy. The District must consider the IS/MND, together with any comments received, before approving the Proposed Project (Public Resources Code Section 21091(f); and CEQA Guidelines Section 15074). The District has no affirmative duty to prepare formal responses to comments on the Public IS/MND, but should have adequate information on the record explaining why the comment(s) do/does not affect the conclusion that there are no potential significant environmental effects. The District is required to, however, notify, in writing, any commenting agencies of the date of the public hearing on the Proposed Project for which an IS/MND is prepared and will be decided upon for approval (Public Resources Code Section 21092.5(b); and CEQA Guideline Section 15073). This Final IS/MND is being distributed to agencies, stakeholder organizations, and individuals who commented on the Public Draft IS/MND to ensure that interested parties have an opportunity to express their views regarding the environmental impacts of the project, and to ensure that information pertinent to permits and approvals is provided to decision makers for the District and CEQA responsible agencies. Both written comments and oral testimony from the public hearing have been incorporated into the Final IS/MND for the District Board to consider whether to approve the Proposed Project. The District is scheduled to make a final decision on the Proposed Project on February 11, 2014 at 6:00 at the Stonebridge School (formerly Carneros Elementary School) located at 1680 Los Carneros Avenue, Napa, California, 94559.

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    Chapter 2 Comments Received During the 30-day public review period (December 18, 2013 through January 21, 2014), the District received a total of two (2) comment letters on the Proposed Project. The District has reviewed and considered the comments from each agency as follows in Table 2-1 below:

    TABLE 2-1

    AGENCY COMMENT LETTER RECEIVED

    Date

    Commenting Agency

    Comment Letter

    December 31, 2013

    Erik Alm, District 4 Branch Chief California Department of Transportation (CALTRANS)

    111 Grand Avenue P.O. Box 23660, MS-10

    Oakland, CA 94623-0660

    A

    January 17, 2014

    Cedric S. Irving, Environmental Scientist State Water Resources Control Board

    1001 I Street Sacramento, CA 95814

    B

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    Chapter 3 Responses to Comments This chapter evaluates the comments received during the 30-day public review period (December 18, 2013 through January 21, 2014). The District received a total of two (2) comment letters on the Proposed Project. The District has reviewed and considered the comments from each agency and provides a response to each of those comments as provided for below.

    CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) Comment A-1. Comment Noted. The District will work with Caltrans to ensure that your concerns are resolved during the environmental review process and including prior to a submittal of an encroachment application. Please see the minor revisions and further clarification to Section 2.5 of the Public Draft IS/MND in Chapter 4 Revisions to the Public Draft IS/MND to reflect potential additional permits that may be required from Caltrans. Comment A-2. Comment Noted. The District will, at the appropriate time and prior to an encroachment permit application, provide Caltrans with a Traffic Impact Study or as further described as a Traffic Control Plan in Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan on page 3-41 of the Public Draft IS/MND which will show/disclose, to the extent possible, the truck haul routes and trip generation rates for all scenarios affecting the state highway system. Further, the District will ensure that the selected construction contractor(s) use Caltrans Guide for the Preparation of Traffic Impact Studies for determining which scenarios to and methodologies to implement for traffic during construction. Please see the minor revisions and further clarification to Mitigation Measure TRA-1 in Chapter 4 Revisions to the Public Draft IS/MND. Comment A-3. Comment Noted. As stated in comment A-2 above, the District will at the appropriate time and prior to an encroachment permit application, provide Caltrans with a Traffic Impact Study or as further described as a Traffic Control Plan in Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan on page 3-41 of the IS/MND which will show/disclose, to the extent possible, the truck haul routes and trip generation rates for all scenarios affecting the state highway system. Further, the District will ensure that the selected construction contractor(s) use Caltrans Guide for the Preparation of Traffic Impact Studies for determining which scenarios to and methodologies to implement for traffic during construction. Please see the minor revisions and further clarification to Mitigation Measure TRA-1 in Chapter 4 Revisions to the Public Draft IS/MND. Comment A-4. Comment Noted. The District will, as appropriate, apply for a transportation permit for Project work that requires movement of oversized load vehicles on state roadways such as State Route (SR) 29 and/or SR 121. Please see the minor revisions and further clarification to Mitigation Measure TRA-1 in Chapter 4 Revisions to the Public Draft IS/MND. Comment A-5. Comment Noted. The District will obtain an encroachment permit for any work or traffic control that encroaches onto the State Right-of-Ways (ROW). Please see the minor revisions and further clarification to Mitigation Measure TRA-1 in Chapter 4 Revisions to the Public Draft IS/MND. STATE WATER RESOURCES CONTROL BOARD Comment B-1. Comment Noted. Yes, the District is contemplating formally applying for funding under the Clean Water State Revolving Fund (CWSRF). The District appreciates the State Water Resources Control Boards (State Water Board) role and jurisdiction as a funding agency by law to preserve, enhance, and restore the quality of Californias water resources.

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    Comment B-2. Comment Noted. As requested, the District, upon completion of the Districts process to comply with the California Environmental Quality Act (CEQA), will provide the State Water Resources Control Board (State Water Board) with the following applicable documents: (1) one copy of the Public Draft and Final IS/MND and EA/FONSI1; (2) the resolution adopting/certifying the IS/MND making CEQA findings; (3) all comments received during the review period and the Districts response to those comments (see Chapters 2 and 3 of this Final IS/MND); (4) the adopted Mitigation Monitoring and Reporting Program (see Appendix A to this Final IS/MND); and (5) the Notice of Determination filed with the Napa County Clerk and the Governors Office of Planning and Research, State Clearinghouse. In addition, the District will provide any further notices of meetings and/or hearings held in regards to the environmental review process of this Proposed Project if it is to be funded by the State Water Board.

    Comment B-3. Comment Noted. The District appreciates the State Water Boards role in administering the CWRSF program and fully understands that the program is partially funded by the United States Environmental Protection Agency (USEPA) and requires the additional CEQA-Plus environmental documentation and review. We appreciate the detailed information provided which will be required for formally applying for these funds. We have prepared the Public Draft IS/MND and EA/FONSI in such a way that the State Board and/or the U.S. Bureau of Reclamation (USBR) can use this document as a basis for complying with the necessary CEQA-Plus and/or NEPA requirements. If and when we formally apply for CWSRF or federal funds under USBRs Title XVI Water Reclamation and Reuse Program (Title XVI Program), we will gladly work with the State Water Board and/or USBR to work through any remaining issues. However, at this time, the District is moving forward with its CEQA process and responsibilities as the CEQA Lead Agency. As explained in Comment B-2 above, the District will provide the State Water Board with any and all necessary documents when it formally applies for funding under the CWSRF Program.

    Comment B-4. Comment Noted. The District agrees and has accordingly included Mitigation Measure BIO-7: Implement Best Management Practices and Mitigation Measure BIO-8: Obtain All Required Authorizations. In addition, and as appropriate and applicable, the District will provide the State Water Board with copies of any documents such as: (1) Section 404 permit from the U.S. Army Corps of Engineers (USACE); (2) Section 401 Certification from the San Francisco Regional Water Quality Control Board (SF Regional Board); (3) Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW): and a copy of a wetland delineation and survey assessment, if applicable.

    Comment B-5. Comment Noted. The District understands the State Water Boards requirement that a records search must be conducted within one year of the CWSRF projects financing approval and includes a 0.5-mile radius from the Projects Area of Potential Effect (APE). As such, the District will conduct and updated cultural resources records search at the appropriate time if and when the District decides to formally apply for CWSRF funds.

    Comment B-6. Comment Noted. The District conducted a cultural resources inventory to be in compliance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations (36 Code of Federal Register [CFR] Part 800). As disclosed at the time the report was written, no known or previously recorded historical, archeological, paleontological, and/or cultural resources were identified and thus would not be affected by the construction and/or operation of the Proposed Project. Further, the Proposed Project would not have, or cause, a substantial adverse change in the significance of any known historical, archeological, paleontological, and/or cultural resources. As a result, formal consultation with the State Historic Preservation Office (SHPO) is not required or deemed necessary based on our findings. However, it is possible that unidentified buried cultural resources could

    1 The Final EA/FONSI will not be prepared until a Federal Lead Agency is identified or determined for the National Environmental Policy Act (NEPA) and/or the CEQA-Plus requirements for federal funding. This action is strictly for CEQA purposes only at this point in time.

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    be uncovered during construction. As such, the recommendations were for the protection of these resources. The District believes that it has prepared a report in compliance with Section 106 of the NHPA. Nevertheless, we have agreed to update the Cultural Resources Inventory Report as identified in our response to Comment B-5 above. In addition, we look forward to working through this issue with the State Water Board if the District formally applies for CWSRF funding. Please see the minor revisions and further clarification to Page 25 of the December 2013 Cultural Resources Investigation Report as that was listed as Appendix D of the Public Draft IS/MND located in Chapter 4 Revisions to the Public Draft IS/MND.

    Comment B-7. Comment Noted. The District will provide a digital copy of the Public Draft IS/MND and EA/FONSI as well as the Final IS/MND and appendices as separate files to the CWSRF Project Manager upon submittal of an application for funding.

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    Chapter 4 Revisions to the Public Draft IS/MND This chapter shows revisions to the December 2013 Public Draft IS/MND, subsequent to the documents publication and public review. The revisions are presented in the order in which they appear in the Public Draft IS/MND and are identified by section and page number in respective chapters. These revisions are shown as excerpts from the Public Draft IS/MND, with strikethrough (strikethrough) text in indicate deletions and underlined (underlined) text to indicate additions.

    2.5 Responsible Agencies, Permits, and Approvals

    Table 2 below summarizes the potential permits and/or approvals that may be required prior to construction of the Proposed Project. Additional local approvals and permits may also be required.

    Table 2: Potential Regulatory Requirements, Permits, and Authorizations for Project Facilities

    Agency Type of Approval

    U.S. Army Corps of Engineers Nationwide Permit #12 for Construction Activities (or) Section 404 (Wetlands) Permit

    San Francisco Bay Regional Water Quality Control Board

    Section 401 Certification, Clean Water Act National Pollutant Discharge Elimination System General Permit for Stormwater Discharge Associated with Construction Activities Recycled Water Use Permit

    California Division of Occupational Safety and Health

    Construction activities in compliance with CAL/OSHA safety requirements

    California Department of Fish and Game Wildlife Streambed Alteration Agreements

    California Department of Transportation

    Traffic Impact Study Traffic Control Plan Transportation Permit Encroachment Permit

    Bay Area Air Quality Management District (BAAQMD)

    Authority to Construct Permit to Operate

    Napa Sanitation District Recycled Water Service Agreement Connection to its recycled water system

    County of Napa Encroachment Permit County Roads and Bridges Construction/Grading Permit

    3.4 Biological Resources On Page 3-10, Mitigation Measure BIO-1: Conduct Pre-construction Protocol Level Plant Surveys is herby revised as follows. Mitigation Measure BIO-1: Conduct Pre-construction Protocol Level Plant Surveys. Prior to construction, the District shall conduct two protocol-level rare plant surveys during the blooming period for these species that are during the months of May and June. These surveys shall follow the protocol for plant surveys as described in Nelson (1987), which are in compliance with CNPS, CDFW, and USFWS guidelines. Should any of these species be present within the construction footprint, the District shall attempt to avoid the plant species by implementing a 25-foot exclusion buffer. In addition, the District

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    shall CDFW and/or USFWS shall be consulted with the CDFW and/or USFWS to develop further appropriate mitigation and avoidance and/or mitigation measures.

    On page 3-13, Mitigation Measure Bio-5: Conduct Pre-construction Surveys for Bats, is hereby revised as follows. Mitigation Measure BIO-5: Conduct Pre-construction Preconstruction Surveys for Bats. Preconstruction surveys for bats should take place during the maternity roosting season (defined as April 1 through August 31). Surveys should be conducted by a qualified biologist no less than 14 days prior to removal of any trees, snags, or buildings within the project area. Ultrasonic acoustic surveys and/or other site-appropriate survey method should be performed to determine the presence or absence of bats utilizing the project site as roosting or foraging habitat. If special-status bat species are detected during surveys, then appropriate species- and roost-specific mitigation measures will be developed. Such measures may include providing a 500-foot exclusion buffer from any identified active roosts or foraging habitat or postponing the removal of trees, snags, or structures until the end of the maternity roosting season. or construction of species-appropriate roosting habitat within or adjacent to the project site. Trees, snags, and buildings may be removed outside of the maternity roosting season without performing preconstruction bat surveys. 3.16 Traffic and Transportation On page 3-41, Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan is herby revised as follows

    Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan. As is consistent with existing policy, the District shall require the contractor to prepare and implement effective traffic control plans to show specific methods for maintaining traffic flows. This shall included, as applicable and/or appropriate, the District or its contractor preparing a Traffic Impact Study consistent with Caltrans Guide for the Preparation of Traffic Impact Studies that shows the truck haul routes and trip generations rates for all scenarios affecting the state highway system (i.e. State Routes {SR} 29 and/or 121) once these details are known. Examples of traffic control measures to be considered include: 1) use of flaggers to maintain alternating one-way traffic while working on one-half of the street; 2) use of advance construction signs and other public notices to alert drivers of activity in the area; 3) use of positive guidance detour signing on alternate access streets to minimize inconvenience to the driving public; 4) provisions for emergency access and passage; and 5) designated areas for construction worker parking. In addition and as appropriate, the District shall obtain a Transportation Permit and/or an Encroachment Permit from Caltrans for Project work that requires movement of oversized or excessive load vehicles on state roadways, such as SR 29 and/or SR 121 and/or any work or traffic that encroaches onto State rights-of-ways.

    Appendix D: Section 106 Cultural Resources Investigation Report Section 4.5 Recommendations on Pages 25 and 26 are hereby revised as follows.

    4.5 Findings and Recommendations The District has conducted this cultural resources inventory to be in compliance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations (36 Code of Federal Register [CFR] Part 800). At the time the report was written, no known or previously recorded historic, archeological, paleontological, and/or cultural resources were identified and thus would not be affected by the construction and/or operation of the Proposed Project. As such, the Proposed Project would not have,

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    or cause, a substantial adverse change in the significance of any known historical, archeological, paleontological, and/or cultural resources. As a result, formal consultation with the State Historic Preservation Office (SHPO) is not required or deemed necessary. However, it is possible that unidentified buried cultural resources could be uncovered during construction. As such, several recommendations and mitigation measures should be implemented to ensure that there are no significant impacts to cultural resources that may exist in the APE as direct and indirect result of the Proposed Project/Action. Based upon this investigation, detailed below are several recommendations and mitigation measures that should be implemented to ensure that there are no significant impacts to cultural resources that may exist in the APE as direct and indirect result of the Proposed Project/Action.

    Halt work if cultural resources are discovered. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100 feet of the resources shall be halted and after notification, the District shall consult with a qualified archaeologist to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the California Public Resources Code), representatives of the District and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the lead agency shall 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) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is carried out.

    Halt work if paleontological remains are discovered. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the District.

    Halt work if human remains are found. If human remains are encountered during excavation activities conducted for the Proposed Project/Action, all work in the adjacent area shall stop immediately and the Napa County Coroners office shall be notified. If the Coroner determines that the remains are Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered human remains and any associated burial goods.

  • Appendix A Mitigation Monitoring and Reporting Program Los Carneros Recycled Water Pipeline Project

  • MITIGATION MONITORING AND REPORTING PROGRAM

    Los carneros Water District Recycled Water Pipeline Project

    Final Initial Study / Mitigated Negative Declaration SCH #201312204303

    Prepared for: Los Carneos Water District

    2111 Las Amigas Road Napa, CA 94559

    Prepared by:

    SMB Environmental, Inc.

    In association with Dennis Bowker Consulting Services

    February 2014

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    INTRODUCTION

    Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et seq. and CEQA Guidelines), the Los Carneros Water District (District) prepared a Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated with the Districts proposed Recycled Water Project (Proposed Project). The purpose of the Proposed Project/Action is to augment the existing surface and groundwater supplies within the District for the irrigation of landscape, vineyards and other agricultural lands within the District. This water will not be used for domestic or direct potable uses.

    CEQA Guidelines require public agencies to adopt a Mitigation Monitoring and Reporting Program (MMRP) for changes to the project that it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. A MMRP is required for the proposed project because the IS/MND identifies potentially significant adverse impacts related to project implementation, and mitigation measures have been identified to reduce those impacts. On December 18, 2013, to initiate public review of the Draft IS/MND, the District filed a Notice of Completion (NOC) for the project with the Governors Office of Planning and Research (State Clearinghouse or SCH) and the County of Napa and released the Draft IS/MND for a 30-day public review. The State Clearinghouse identified the project with SCH #2013122043. The 30-day public review period was established between December 18, 2013 and January 21, 2014, with copies of the Draft IS/MND available for review on the Districts website at http://www.carneroswater.org and the Napa County Library at 580 Coombs Street, Napa, CA 94559.

    In February 2014, the District prepared a Final IS/MND according to CEQA Guidelines and incorporates all comments received by the State Clearinghouse and other agencies during the 30-day public review period. As a result, some of the mitigation measures identified in the Public Draft IS/MND have been revised to reflect those comments. Based on the Final IS/MND, the Proposed Project would not result in new significant impacts, substantially increase the severity of previously disclosed impacts, or involve

    any of the other conditions related to changed circumstances or new information that can require a subsequent or supplemental EIR under Public Resources Code section 21166 and CEQA Guidelines section 15162 beyond those impacts and conditions already identified in the Districts Public Draft IS/MND. PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM

    This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed in a satisfactory manner before and during project construction and operation. The MMRP may be modified by the District during project implementation, as necessary, in response to changing conditions or other refinements. Table A (included at the end of this document) has been prepared to assist the responsible parties in implementing the mitigation measures. The table identifies individual mitigation measures, monitoring/mitigation timing, responsible person/agency for implementing the measure, monitoring and reporting procedure, and space to confirm implementation of the mitigation measures. The numbering of mitigation measures follows the numbering sequence found in the Public Draft IS/MND. ROLES AND RESPONSIBILITIES

    Unless otherwise specified herein, the District is responsible for taking all actions necessary to implement the mitigation measures under its jurisdiction according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The District, at its discretion, may delegate implementation responsibility or portions thereof to a licensed contractor or other designated agent. The District would be responsible for overall administration of the MMRP and for verifying that District staff members, responsible agencies and/or the construction contractor(s) have completed the necessary actions for each measure. The District would designate a project manager to oversee implementation of the MMRP. The District is primarily responsible for implementing the mitigation measures for the Proposed Project as described in this MMRP. Duties of the project manager include the following:

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    Ensure that routine inspections of the construction site are conducted by appropriate District staff; check plans, reports, and other documents required by the MMRP; and conduct report activities.

    Serve as a liaison between the District and the contractor or project applicant regarding mitigation monitoring issues.

    Complete forms and maintain reports and other records and documents generated by the MMRP.

    Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary.

    The responsible party for implementation of each item would identify the staff members responsible for coordinating with the District on the MMRP. REPORTING

    The Districts project manager shall prepare a monitoring report, upon completion of the project, on the compliance of the activity with the required mitigation measures. Information regarding inspections and other requirements shall be compiled and explained in the report. The report shall be designed to simply and clearly identify whether mitigation measures have been adequately implemented. At a minimum, each report shall identify the mitigation measures or conditions to be monitored for implementation, whether compliance with the mitigation measures or conditions has occurred, the procedures used to assess compliance, and whether further action is required. The report shall be presented to the District Board of Directors. MITIGATION MONITORING AND REPORTING PLAN TABLE

    The categories identified in Table A are described below.

    Mitigation Measure This column provides the text of the mitigation measures identified in the IS/MND.

    Timing This column identifies the time frame in which the mitigation will take place.

    Enforcement This column identifies the party responsible for enforcing compliance with the requirements of the mitigation measure.

    Dated Signature for Verification of Compliance This column is to be dated and signed by the person (either project manager or his/her designee) responsible for verifying compliance with the requirements of the mitigation measure.

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    1 The Los Carneos Water District is primarily responsible for implementing the mitigation measures for the Proposed Project/Action as described in this MMRP.

    Table A Mitigation Monitoring and Reporting Plan for the Los Carneros Water Districts Recycled Water Pipeline Project IS/MND

    Mitigation Measure

    Timing

    Implementation1

    Enforcement1 Dated Signature for

    Verification of Compliance 3.3 AIR QUALITY Mitigation Measure AIR-1: Dust Control. During all phases of construction, the following dust control procedures shall be implemented:

    Water all active construction sites as necessary.

    Cover all trucks having soil, sand, or other loose material or maintain at least two feet of freeboard on all trucks.

    Apply water as necessary, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.

    Sweep if visible soil material is carried into adjacent streets.

    Water or apply non-toxic soil binders to exposed soil stockpiles.

    Limit traffic speeds on unpaved areas to 15 mph.

    Prior to construction of The Proposed Project.

    Los Carneros Water District Los Carneros Water District Bay Area Air Quality Management District

    3.4 BIOLOGICAL RESOURCES Mitigation Measure BIO-1: Conduct Pre-construction Protocol Level Plant Surveys. Prior to construction, the District shall conduct two protocol-level rare plant surveys during the blooming period for these species that are during the months of May and June. These surveys shall follow the protocol for plant surveys as described in Nelson (1987), which are in compliance with CNPS, CDFW, and USFWS guidelines. Should any of these species be present within the construction footprint, CDFW and/or USFWS shall be consulted to develop appropriate mitigation and avoidance measures.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

    Mitigation Measure BIO-2: Conduct Breeding Surveys. For any construction activities that occur between February 1 and August 31, preconstruction breeding bird surveys shall be conducted by a qualified biologist prior to and within 10 days of any initial ground-disturbance activities. Surveys shall be conducted within all suitable nesting habitat within 250 feet of the activity. All active, non-status passerine nests identified at that time shall be protected by a 50-foot radius minimum exclusion zone. Active raptor or special-status species nests shall be protected by a buffer with a minimum radius of 200 feet. A minimum 500-foot exclusion buffer shall be established around active white-tailed kite and golden eagle nests. Per CDFW and USFWS recommendations, the following considerations apply to this mitigation measure:

    Survey results are valid for 14 days from the survey date. Should ground disturbance commence later than 14 days from the survey date,

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

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    surveys shall be repeated. If no breeding birds are encountered, then work may proceed as planned.

    Exclusion zone sizes may vary, depending on habitat characteristics

    and species, and are generally larger for raptors and colonial nesting birds. Each exclusion zone shall remain in place until the nest is abandoned or all young have fledged.

    The non-breeding season is defined as September 1 to January 31.

    During this period, breeding is not occurring and surveys are not required. However, if nesting birds are encountered during work activities in the non-breeding season, disturbance activities within a minimum of 50 feet of the nest shall be postponed until the nest is abandoned or young birds have fledged.

    Mitigation Measure BIO-3: Conduct Nesting Surveys. For any construction activities initiated between March 15 and September 1, surveys for nesting Swainsons hawk are required with 0.25 mile of areas of disturbance. If an active nest is found, a qualified biologist shall monitor the nest during construction activities within 0.25 mile of the nest to determine whether project construction may result in abandonment. The monitor shall continue monitoring the nest until construction within 0.25 mile of the nest is completed, or until all chicks have completely fledged. If the monitor determines that construction may result in abandonment of the nest, all construction activities within 0.25 mile shall be halted until the nest is abandoned or all young have fledged.

    Prior to and during construction of the Proposed Project/Action.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

    Mitigation Measure BIO-4: Protect Salt Marsh Harvest Mouse: The following measures to mitigate impacts to the salt marsh harvest mouse shall be implemented:

    Prior to the commencement of earthmoving activity for the pipeline segment on the east side of the Napa River, the footprint of the work area shall be flagged. The work area shall be the minimum necessary to complete the drilling work.

    Pickleweed within the flagged footprint area shall be removed using hand tools at least 7 days prior to start of any work. A biologist shall first survey the flagged work area for the salt marsh harvest mouse prior to vegetation removal and shall be present during the removal. If a salt marsh harvest mouse is observed, the biologist shall have authority to stop work until the species has left the flagged work area, at which time vegetation removal can continue. The vegetation removal will allow any salt marsh harvest mouse potentially present to disperse away from the work area into more dense cover.

    Once the vegetation has been removed, a temporary barrier fence shall

    be constructed along the flagged boundaries of the cleared work area to

    Prior to the construction of the Proposed Project

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

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    prevent salt marsh harvest mice from re-entering the work area.

    No equipment, storage of materials, or work shall be allowed within any identified salt marsh harvest mouse habitat outside of the cleared work area.

    A biologist shall conduct weekly inspections of the barrier fence to

    identify maintenance needs. Following completion of all work and removal of equipment, the barrier fence shall be removed and the disturbed area shall be re-seeded.

    If this potential impact from the project falls within the jurisdiction of

    the CDFW or the USFWS through a federal action, such measures shall be applied as required by those agencies to avoid or minimize impacts prior to any construction that would significantly impact the species.

    Mitigation Measure BIO-5: Conduct Preconstruction Surveys for Bats. Preconstruction surveys for bats should take place during the maternity roosting season (defined as April 1 through August 31). Surveys should be conducted by a qualified biologist no less than 14 days prior to removal of any trees, snags, or buildings within the project area. Ultrasonic acoustic surveys and/or other site-appropriate survey method should be performed to determine the presence or absence of bats utilizing the project site as roosting or foraging habitat. If special-status bat species are detected during surveys, then appropriate species- and roost-specific mitigation measures will be developed. Such measures may include postponing the removal of trees, snags, or structures until the end of the maternity roosting season or construction of species-appropriate roosting habitat within or adjacent to the project site. Trees, snags, and buildings may be removed outside of the maternity roosting season without performing preconstruction bat surveys.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

    Mitigation Measure BIO-6: Provide Exclusion Fencing. Prior to construction activities associated with the pipeline segment on the east side of the Napa River, the District shall install exclusion fencing around upland areas slated for ground disturbance to prevent pond turtles from excavating nests. This measure shall apply between March 1 and April 30. The exclusion fence shall be constructed from silt fencing to avoid turtle injury and entrapment and shall be maintained until ground disturbance in the upland habitat is complete. Construction activities involving land equipment shall be minimized to the extent feasible from February to November within 100 feet of aquatic habitat where turtles are found. A qualified biologist shall be present during the construction activities to relocate any turtles that are found in proximity to or within the construction areas.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service

    Mitigation Measure BIO-7: Implement Best Management Practices. To reduce potentially significant erosion and siltation, the District and/or its selected

    Prior to and during construction of the

    Los Carneros Water District Los Carneros Water District

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    contractor(s) shall obtain a Stormwater Pollution Prevention Permit (SWPPP) and implement Best Management Practices and erosion control measures as required by the San Francisco RWQCB. Best Management Practices to reduce erosion and siltation shall include, at a minimum, the following measures: Avoidance of construction activities during inclement weather; limitation of construction access routes and stabilization of access points; stabilization of cleared, excavated areas by providing vegetative buffer strips, providing plastic coverings, and applying ground base on areas to be paved; protection of adjacent properties by installing sediment barriers or filters, or vegetative buffer strips; stabilization and prevention of sediments from surface runoff from discharging into storm drain outlets; use of sediment controls and filtration to remove sediment from water generated by dewatering; and returning all drainage patterns to pre-construction conditions. Construction crews shall avoid entering the stream channels or disturbing their banks during construction. This mitigation measure shall be coordinated with Mitigation Measure HWQ-1.

    Proposed Project. California Department of Fish and Wildlife U.S. Fish and Wildlife Service San Francisco Regional Water Quality Control Board

    Mitigation Measure BIO-8: Obtain all Required Authorizations. Prior to issuance of encroachment permits for the Proposed Project/Action, the District, as necessary, shall conduct a wetlands delineation study in sensitive areas of the Proposed Project/Action and obtain all required authorization from agencies with jurisdiction riparian habitats and jurisdictional wetlands in the area. Such agencies may include, but are not limited to, the United States Army Corps of Engineers, the California Department of Fish and Game, and the San Francisco Bay Regional Water Quality Control Board. Impacted habitat shall be offset through onsite restoration, offsite restoration, or purchase of credits at a CDFW and USFWS-approved mitigation bank in the region at no less than a 1:1 ratio. The requirements of this mitigation measure do not apply if pipeline installation activities completely avoid work within the bed, bank, or channel of the Napa River.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District California Department of Fish and Wildlife U.S. Fish and Wildlife Service San Francisco Regional Water Quality Control Board

    3.5 CULTURAL RESOURCES Mitigation Measure CR-1: Halt work if cultural resources are discovered. In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 100 feet of the resources shall be halted and after notification, the District shall consult with a qualified archaeologist to assess the significance of the find. If any find is determined to be significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section 21083.2 of the California Public Resources Code), representatives of the District and a qualified archaeologist shall meet to determine the appropriate course of action. In considering any suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the lead agency shall 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) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources or unique archaeological resources is carried out.

    Upon discovery of cultural resources

    Los Carneros Water District Los Carneros Water District State Historic Preservation Office (SHPO):

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    Mitigation Measure CR-2: Stop work if paleontological remains are discovered. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the District.

    Before and during ground-disturbing activities.

    Los Carneros Water District Los Carneros Water District State Historic Preservation Office (SHPO):

    Mitigation Measure CR-3: Halt work if human remains are found. If human remains are encountered during excavation activities conducted for the Proposed Project, all work in the adjacent area shall stop immediately and the Napa County Coroners office shall be notified. If the Coroner determines that the remains are Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered human remains and any associated burial goods.

    Upon the discovery of suspected human remains.

    Los Carneros Water District Los Carneros Water District Napa County Coroner State Historic Preservation Office (SHPO):

    3.6 GEOLOGY AND SOILS Mitigation Measure GEO-1: Perform Geotechnical Investigation. The District shall require a design-level geotechnical study to be prepared prior to project implementation to determine proper design and construction methods, including any cathodic protection measures needed for installing the pipelines in these soils as well as the design of any new storage pond(s). The geotechnical study shall evaluate the potential for impacts to groundwater by determining soil permability and other characteristics that affect water movement, in addition to issues related to erosion and seismic hazards.

    Prior to completion of engineering plans for the Proposed Project.

    Los Carneros Water District Los Carneros Water District

    3.8 HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure HAZ-1: Store, Handle, Use Hazardous Materials in Accordance with Applicable Laws. The District shall ensure that all construction-related hazardous materials and hazardous wastes shall be stored, handled, and used in a manner consistent with relevant and applicable federal, state, and local laws. In addition, construction-related hazardous materials and hazardous wastes shall be staged and stored at NSDs facilities and 100 feet away from stream channels and steep banks to keep these materials a safe distance from near-by residents and prevent them from entering surface waters in the event of an accidental release.

    Prior to construction and operation the Proposed Project.

    Los Carneros Water District Los Carneros Water District Napa Sanitation District

    Mitigation Measure HAZ-2: Properly Dispose of Contaminated Soil and/or Groundwater. If contaminated soil and/or groundwater is encountered or if suspected contaminated is encountered during project construction, work shall be halted in the area, and the type and extent of the contamination shall be identified. A contingency plan to dispose of any contaminated soil or groundwater shall be developed through consultation with appropriate regulatory agencies.

    Prior to construction and Throughout operation of the Proposed Project.

    Los Carneros Water District Los Carneros Water District Napa Sanitation District

    Mitigation Measure HAZ-3: Properly Dispose of Hydrostatic Test Water. Dewatering of the pipeline during hydrostatic testing during construction as well

    Prior to construction and

    Los Carneros Water District Los Carneros Water District

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    as any dewatering as a result of operations and maintenance activities shall be discharged to land and not into any creeks, drainages, or waterways and shall require prior approval from the San Francisco Bay Regional Water Quality Control Board.

    operation the Proposed Project.

    Napa Sanitation District

    3.9 HYDROLOGY AND WATER QUALITY Mitigation Measure HWQ-1: Implement Construction Best Management Practices. To reduce potentially significant erosion and siltation, the District and/or its selected contractor(s) shall obtain a Stormwater Pollution Prevention Permit (SWPPP) and implement Best Management Practices and erosion control measures as required by the San Francisco RWQCB. Best Management Practices to reduce erosion and siltation shall include the following measures: Avoidance of construction activities during inclement weather; limitation of construction access routes and stabilization of access points; stabilization of cleared, excavated areas by providing vegetative buffer strips, providing plastic coverings, and applying ground base on areas to be paved; protection of adjacent properties by installing sediment barriers or filters, or vegetative buffer strips; stabilization and prevention of sediments from surface runoff from discharging into storm drain outlets; use of sediment controls and filtration to remove sediment from water generated by dewatering; and returning all drainage patterns to pre-existing conditions.

    Develop SWPPP prior to and implement throughout construction.

    Los Carneros Water District Los Carneros Water District San Francisco Regional Water Quality Control Board

    Mitigation Measure HWQ-2: Implement Recycled Water Best Management Practices. In order to help reduce the potential effects of increased salt loading potential as a result of using recycled water, the District shall:

    Ensure that water is applied consistent with Title 22 requirements and in amounts (frequency and intensity) which meet the demands of the plant (agronomic rates), but not in excessive amounts such that salts buildup in the soil beyond the root zone and/or otherwise are leached to groundwater;

    Ensure that adequate soil drainage is maintained;

    Ensure that salt-sensitive plants are not to be spray wet; and

    Addressing sodium and alkalinity concerns through addition of water and soil amendments, including addition of gypsum.

    In addition and prior to operation of the recycled water system, the District shall prepare and submit for approval of the San Francisco Regional Water Quality Control Board, a recycled water operations and maintenance plan and recycled water users guide to identify general and site-specific BMPs that will be implemented to ensure that recycled water will be used in a manner that protects ground and surface water. The BMPs shall address measures to protect against recycled water runoff that is not incidental, provide for detection and correction of leaks, and ensure that pollutants such as salts and nutrients are not discharged

    Incorporation measures into SWPPP prior to construction and implementation throughout construction, as appropriate

    Los Carneros Water District Los Carneros Water District San Francisco Regional Water Quality Control Board

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    at concentrations that could adversely impact groundwater. The BMPs shall also address both agronomic irrigation and frost protection uses.

    Specifically, the recycled water for irrigation BMPs shall include the type of irrigation system, proper design and operation of the irrigation system, application methods (e.g., agronomic application, use of repeat start times and multiple water days to increase irrigation efficiency and reduce runoff potential, no application during precipitation events), setbacks to surface waters, physical systems to capture runoff and prevent it from reaching surface waters. BMPs shall also describe how salts and nutrients will be managed in a manner that protects groundwater quality.

    Mitigation Measure HWQ-3: Prepare Antidegradation Analysis. Prior to implementation, the District shall prepare and submit to the San Francisco Regional Water Board an antidegradation analysis as part of its Report of Waste Discharge that demonstrates that the storage and irrigation of recycled water will not result in degradation of groundwater or surface water. The analysis shall also include measures for the discharge of any hydrostatic test water/dewatering pipeline. This analysis shall identify the fate and transport of pollutants of concern, and shall address salts, nutrients, and any other pollutants that could be present in the recycled water at concentrations that could affect surface and/or groundwater quality. For any storage pond(s) operated by individual growers, the analysis shall determine the leakage rate through the pond liner and the impact of pond leakage on groundwater and nearby surface water. The analysis shall determine whether there are any anticipated increases in pollutant concentrations over background groundwater quality. If any potential degradation is identified, the analysis shall demonstrate that any degradation is in the best interest of the people of the state and that it will not result in the exceedance of any groundwater quality objectives. This antidegradation analysis shall be prepared and submitted as part of a Report of Waste Discharge.

    Development of the Report of Waste Discharge.

    Los Carneros Water District Los Carneros Water District San Francisco Regional Water Quality Control Board

    3.12 NOISE Mitigation Measure NOI-1: Limit Construction Hours. Construction activities will be limited to the least noise-sensitive times and will comply with both the Napa County and the City of Napa noise ordinances. Construction, alteration, repair or land development activities shall be allowed on weekdays between the hours of 7 a.m. and 7 p.m., on Saturdays between the hours of 8 a.m. and 5 p.m. No construction shall be permitted on Sundays.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District

    Mitigation Measure NOI-2: Locate Staging Areas away from Sensitive Receptors. The Districts construction specification shall require that the contractor select staging areas as far as feasibly possible from sensitive receptors.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District

    Mitigation Measure NOI-3: Maintain Mufflers on Equipment. The Districts construction specifications shall require the contractor to maintain all construction equipment with manufacturers specified noise-muffling devices.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District

    Mitigation Measure NOI-4: Idling Prohibition and Enforcement. The District shall prohibit and enforce unnecessary idling of internal combustion engines. In practice, this would mean turning off equipment if it will not be used

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District

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    for five or more minutes.

    Mitigation Measure NOI-5: Equipment Location and Shielding. The District shall require locating all stationary noise-generating construction equipment such as air compressors as far as possible from homes and businesses.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District

    3.17 TRAFFIC AND TRANSPORTATION Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan. As is consistent with existing policy, the District shall require the contractor to prepare and implement effective traffic control plans to show specific methods for maintaining traffic flows. This shall included, as applicable and/or appropriate, the District or its contractor preparing a Traffic Impact Study consistent with Caltrans Guide for the Preparation of Traffic Impact Studies that shows the truck haul routes and trip generations rates for all scenarios affecting the state highway system (i.e. State Routes {SR} 29 and/or 121) once these details are known. Examples of traffic control measures to be considered include: 1) use of flaggers to maintain alternating one-way traffic while working on one-half of the street; 2) use of advance construction signs and other public notices to alert drivers of activity in the area; 3) use of positive guidance detour signing on alternate access streets to minimize inconvenience to the driving public; 4) provisions for emergency access and passage; and 5) designated areas for construction worker parking. In addition and as appropriate, the District shall obtain a Transportation Permit and/or an Encroachment Permit from Caltrans for Project work that requires movement of oversized or excessive load vehicles on state roadways, such as SR 29 and/or SR 121 and/or any work or traffic that encroaches onto State rights-of-ways.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District Caltrans Napa County

    Mitigation Measure TRA-2: Return Roads to Pre-construction Condition. Following construction, the District shall ensure that road surfaces that are damaged during construction are returned to their pre-construction condition or better.

    Prior to and during construction of the Proposed Project.

    Los Carneros Water District Los Carneros Water District