HomeMy WebLinkAboutR-11388 approving the Mitigated Negative Declaration for the San Luis Creek Bank Repair ProjectR 11388
RESOLUTION NO. 11388 (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE
DECLARATION FOR THE SAN LUIS CREEK BANK REPAIR PROJECT
WHEREAS, The San Luis Obispo Creek Bank Repair Project necessitates a
Mitigated Negative Declaration Environmental Document; and
WHEREAS, City staff has completed a public and agency review, held a public
meeting and received no comments.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo adopts as follows:
SECTION 1. Environmental Review. Based upon all evidence in the record before
it, including an initial study, the City Council hereby adopts the Final Initial Study –
Mitigated Negative Declaration (IS-MND) prepared and circulated for this project, and
adopts all of the findings related to the Project:
a) The San Luis Obispo Creek Bank Repair Project IS-MND was prepared and
circulated for public review in accordance with the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines . It reflects the lead
agency’s independent judgement and analysis, and it adequately addresses
potential environmental impacts associated with the proposed Project; and
b) There is no substantial evidence that the Project will have a significant effect
on the environment as mitigated in accordance with the measures identified in
the IS-MND; and
c) All potentially significant environmental effects were analyzed adequately in the
referenced IS-MND, subject to the following mitigation measures being
incorporated into the Project and subject to the mitigation m onitoring program
in the IS-MND, which is hereby adopted:
Air Quality
AQ-1 The SLOAPCD recognizes the public health risk reductions that can be realized by
idle limitations for both on- and off-road equipment. The following idle restricting
measures are required for the construction phase of projects:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road
Equipment.
1. Staging and queuing areas shall be located at the greatest distance
feasible from sensitive receptor locations;
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2. Diesel idling while equipment is not in use is not permitted;
3. Use of alternative-fueled equipment is recommended whenever
possible; and
4. Signs that specify the no-idling requirements must be posted and
enforced at the construction site.
2. Idling Restrictions for On-Road Vehicles. Section 2485 of California Code of
Regulations Title 13 limits diesel-fueled commercial motor vehicles that operate
in the State of California with gross vehicular weight ratings of greater than
10,000 pounds and licensed for operation on highways. It applies to California-
and non-California-based vehicles. In general, the regulation specifies that
drivers of said vehicles:
1. Shall not idle the vehicle’s primary diesel engine while vehicle is not in
use, except as noted in Subsection (d) of the regulation; and
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power
a heater, air conditioner, or any ancillary equipment on that vehicle
during sleeping or resting in a sleeper berth for greater than 5.0 minutes
at any location when within 100 feet of a restricted area, except as noted
in Subsection (d) of the regulation.
Signs must be posted in the designated queuing areas and job sites to
remind drivers of the no-idling requirement. The specific requirements
and exceptions in the regulation can be reviewed at the following web
site: www.arb.ca.gov/msprog/truck-idling/2485.pdf.
3. Idling Restrictions for off-Road Equipment. Off-road diesel equipment
shall comply with the no-idling requirement. Signs shall be posted in the
designated queuing areas and job sites to remind off -road equipment
operators of the no-idling requirement.
AQ-2 Throughout the construction phase of the project, the project applicant shall
implement the following measures to minimize impacts to sensitive receptors and
to significantly reduce fugitive dust emissions. These fugitive dust mitigation
measures shall be shown on grading and building plans:
1. Reduce the amount of disturbed area where possible;
2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering frequency would be required
whenever wind speeds exceed 15 miles per hour. Reclaimed (non -potable)
water should be used whenever possible;
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3. All dirt stockpile areas should be sprayed daily or covered with tarps or other
dust barriers, as needed;
4. Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon as possible
following completion of any soil-disturbing activities;
5. Exposed ground areas that are planned to be reworked at dates greater than
1 month after initial grading should be sown with a fast germinating, non-
invasive grass seed and watered until vegetation is established;
6. All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the SLOAPCD;
7. All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used;
8. Vehicle speed for all construction vehicles shall not exceed 15 miles per hour
on any unpaved surface at the construction site;
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least 2 feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with California Vehicle Code
Section 23114;
10. Install wheel washers or other devices to control tracking of mud and dirt onto
adjacent roadways where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site;
11. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible. Roads shall be pre-wetted prior to sweeping when feasible;
12. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
SLOAPCD’s limit of 20% opacity for greater than 3 minutes in any 60 -minute
period, and to prevent transport of dust off-site. Their duties shall include
holidays and weekend periods when work may not be in progress. The name
and telephone number of such persons shall be provided to the SLOAPCD
Engineering and Compliance Division prior to the start of any grading,
earthwork, or demolition.
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AQ-3 Prior to initiation of ground-disturbing activities, the applicant shall retain a
registered geologist to conduct a geologic evaluation of the property, including
sampling and testing for naturally occurring asbestos (NOA) in full compliance with
SLOAPCD requirements and the CARB ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations (17 CCR 93105). This geologic
evaluation shall be submitted to the City Community Development Department
upon completion. If the geologic evaluation determines that the project would not
have the potential to disturb ACM, the applicant must file an Asbestos ATCM
exemption request with the SLOAPCD.
AQ-4 If ACM are determined to be present on-site, proposed earthwork, demolition, and
construction activities shall be conducted in full compliance with the various
regulatory jurisdictions regarding ACM, including the CARB ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations (17 CCR 93105)
and requirements stipulated in the National Emission Standard for Hazardous Air
Pollutants (NESHAP; 40 Code of Federal Regulations [CFR] Section 61, Subpart
M – Asbestos). These requirements include, but are not limited to, the following:
1. Written notification, within at least 10 business days of activities commencing,
to the SLOAPCD;
2. Preparation of an asbestos survey conducted by a Certified Asbestos
Consultant; and
3. Implementation of applicable removal and disposal protocol and requirements
for identified ACM.
AQ-5 All project-related earthwork and demolition of existing structures and/or
infrastructure shall be conducted in compliance with applicable regulatory
requirements, including the requirements stipulated in the NESHAP (40 CFR 61,
Subpart M – asbestos). These requirements include, but are not limited to,
notification to the SLOAPCD, an asbestos survey conducted by a Certified
Asbestos Inspector, and applicable removal and disposal requirements of
identified asbestos containing materials.
AQ-6 If during construction activities, paint is separated from existing infrastructure (e.g.,
chemically or physically), the paint waste shall be evaluated independently from
the building material by a qualified hazardous materials inspector to determine
proper management. All hazardous materials (e.g., lead based paint, etc.) shall be
handled and disposed of in accordance with local, state, and federal regulations.
If required, all lead work plans shall be submitted to SLOAPCD at least 10 days
prior to the start of demolition. The City shall document proof that paint waste has
been evaluated by a qualified hazardous waste materi als inspector and handled
according to their recommendation to the City Community Development
Department.
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Biological Resources
BR-1 The Habitat Mitigation and Revegetation Plan shall include an assemblage of native
flowering plants in order to provide pollination opportunities for western bumble
bee and other insect species.
BR-2 Prior to construction, a biologist determined qualified by Caltrans and the CDFW
shall survey the BSA for monarch butterfly roosts. If monarch butterfly roosts are
observed, the biologist shall coordinate with Caltrans and the CDFW to establish
an appropriate buffer zone to avoid direct impacts to roosts until roosting activity
has ceased. Observations of monarch butterfly or other special-status species
shall be documented on CNDDB forms and submitted to the CDFW upon project
completion.
BR-3 During preconstruction surveys and/or during construction, any Pyrgulopsis spp.
observed by biologists shall be relocated to suitable aquatic habitat outside of the
area of impact.
BR-4 Prior to initiation of stream diversion/dewatering, a qualified biologist shall conduct
a worker environmental training program, including a description of steelhead,
steelhead critical habitat, its legal/protected status, proximity to the proje ct site,
avoidance/minimization measures to be implemented during the project, and the
implications of violating FESA and permit conditions.
BR-5 In-stream work shall take place between June 15 and October 31 in any given year,
when the surface water within San Luis Obispo Creek is likely to be at seasonal
minimum. Deviations from this work window shall only be made with permission
from the relevant regulatory agencies. During in-stream work, a qualified biologist
that has experience in steelhead biology and ecology, aquatic habitats, biological
monitoring (including diversion/dewatering), and capturing, handling, and
relocating fish species shall be retained. During in-stream work, the biological
monitor(s) shall continuously monitor placement and removal of any required
stream diversions/dewatering and only the approved biologist shall capture
stranded steelhead and other native fish species and relocate them to suitable
habitat, as appropriate. The approved biologist(s) shall capture steelhead stranded
as a result of diversion/dewatering and relocate steelhead to the nearest suitable
in-stream habitat. The approved biologist(s) shall note the number of steelhead
observed in the affected area, the number of steelhead relocated, and the date
and time of the collection and relocation.
BR-6 During in-stream work, if pumps are incorporated to assist in temporarily dewatering
the site, intakes shall be completely screened with no larger than 3/32 -inch (2.38-
millimeter) wire mesh to prevent steelhead and other sensitive aquatic species
from entering the pump system. Pumps shall release the diverted water so that
suspended sediment shall not reenter the stream. The form and function of pumps
used during the dewatering activities shall be checked daily, at a minimum, by a
qualified biological monitor to ensure a dry work environment and minimize
adverse effects to aquatic species and habitats.
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BR-7 Prior to and during construction activities, only USFWS -approved biologists shall
participate in activities associated with the capture and handling of CRLFs.
BR-8 Ground disturbance shall not begin until written approval is received from the
USFWS that the biologist(s) is qualified to do conduct the work, unless the
individual(s) has/have been approved previously and the USFWS has not revoked
that approval. Caltrans shall request approval of the biologist(s) from the USFWS.
BR-9 A USFWS-approved biologist shall survey the project area no more than 48 hours
before the onset of work activities. If any life stage of the CRLF is found and these
individuals are likely to be killed or injured by work activities, the approved biologist
shall be allowed sufficient time to move them from the site before work activities
begin. The USFWS-approved biologist shall relocate the CRLFs the shortest
distance possible to a location that contains suitable habitat and shall not be
affected by the activities associated with the project. The relocation site should be
in the same drainage to the extent practicable. Caltrans shall coordinate with
USFWS on the relocation site prior to the capture of any CRLFs.
BR-10 Before any activities begin on a project, a USFWS-approved biologist shall
conduct a training session for all construction personnel. At a minimum, the training
shall include a description of the CRLF and its habitat, the specific measures that
are being implemented to conserve the CRLF for the current project, and the
boundaries within which the project may be accomplished. Brochures, books, and
briefings may be used in the training se ssion, provided that a qualified person is
on hand to answer any questions.
BR-11 A USFWS-approved biologist shall be present at the work site until CRLFs have
been relocated out of harm’s way, workers have been instructed, and disturbance
of the habitat has been completed. After this time, the City shall designate a person
to monitor on-site compliance with minimization measures. The USFWS-approved
biologist shall ensure that this monitor receives the training outlined in the measure
above and in the identification of CRLFs. If the monitor or the USFWS-approved
biologist recommends that work be stopped because CRLFs would be affected in
a manner not anticipated by the USFWS, Caltrans, and the City during the review
of the proposed action, they shall notify the resident engineer (the engineer that is
directly overseeing and in command of construction activities) immediately. The
resident engineer shall either resolve the situation by eliminating the adverse effect
immediately or require that actions that are causing these effects be halted. If work
is stopped, the USFWS, Caltrans, and the City shall be notified as soon as is
reasonably possible.
BR-12 During project activities, trash that may attract predators shall be properly
contained, removed from the work site, and disposed of regularly. Following
construction, trash and construction debris shall be removed from work areas.
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BR-13 All refueling, maintenance, and staging of equipment and vehicles shall occur at
least 100 feet from riparian habitat or water bodies and in a location from where a
spill would not drain directly toward aquatic habitat (e.g., on a slope that drains
away from the water). The monitor shall ensure contamination of habitat does not
occur during such operations. Prior to the onset of work, Caltrans and the City shall
ensure that a plan is in place for prompt and effective response to any accidental
spills. All workers shall be informed of the importance of preventing spills and of
the appropriate measures to take should a spill occur.
BR-14 Habitat contours shall be returned to their original configuration at the end of
project activities. This measure shall be implemented in all areas disturbed by
activities associated with the project, unless the USFWS, Caltrans, and the City
determine that it is not feasible or modification or original contours would benefit
the CRLF.
BR-15 The number of access routes, size of staging areas, and total area of activity shall
be limited to the minimum necessary to achieve the project. Environmenta lly
Sensitive Areas (ESAs) shall be established to confine access routes and
construction areas to the minimum area necessary to complete construction, and
minimize the impact to CRLF habitat; this goal includes locating access routes and
construction areas outside of wetlands and riparian areas to the maximum extent
practicable.
BR-16 Caltrans and the City shall attempt to schedule work for times of the year when
impacts to CRLF would be minimal. For example, work that would affect large
pools that may support breeding would be avoided, to the maximum extent
practicable, during the breeding season (November through May). Isolated pools
that are important to maintain CRLFs through the driest portions of the year would
be avoided, to the maximum degree practicable, during the late summer and early
fall. Habitat assessments, surveys, and technical assistance between the USFWS
and Caltrans during project planning shall be used to assist in scheduling work
activities to avoid sensitive habitats during key times of year.
BR-17 To control sedimentation during and after project implementation, Caltrans and
the City shall implement Best Management Practices (BMPs) outlined in any
authorizations or permits issued under the authorities of the Clean Water Act that
it receives for the specific project. If BMPs are ineffective, Caltrans shall attempt
to remedy the situation immediately, in coordination with the USFWS.
BR-18 If a work site is to be temporarily dewatered by pumping, intakes shall be
completely screened with wire mesh not larger than 1/5 inch (5.08 millimeters) to
prevent CRLFs from entering the pump system. Water shall be released
downstream at an appropriate rate to maintain downstream flows during
construction. Upon completion of construction activities, any diversions or barriers
to flow shall be removed in a manner that would allow flow to resume with the least
disturbance to the substrate. Alteration of the streambed shall be minimized to the
maximum extent possible; any imported material shall be remov ed from the
streambed upon completion of the project.
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BR-19 Unless approved by the USFWS, water shall not be impounded in a manner that
may attract CRLFs.
BR-20 A USFWS-approved biologist shall permanently remove any individuals of exotic
species, such as bullfrogs (Lithobates catesbeiana), crayfish, and centrarchid
fishes, from the project area, to the maximum extent. The USFWS-approved
biologist shall be responsible for ensuring their activities are in compliance with the
California Fish and Game Code.
BR-21 If Caltrans and the City demonstrate that disturbed areas have been restored to
conditions that allow them to function as habitat for CRLF, these areas shall not
be included in the amount of total habitat permanently disturbed.
BR-22 To ensure that diseases are not conveyed between work sites by the USFWS -
approved biologist, the fieldwork code of practice developed by the Declining
Amphibian Task Force shall be followed at all times.
BR-23 Project sites shall be revegetated with an assemblage of native riparian, wetland,
and upland vegetation suitable for the area. Locally collected plant materials shall
be used to the extent practicable. Invasive, exotic plants shall be controlled to the
maximum extent practicable. This measure shall be implemented in all areas
disturbed by activities with the project, unless the USFWS, Caltrans, and the City
have determined that it is not feasible or practical.
BR-24 Caltrans and the City shall not use herbicides as the primary method to control
invasive, exotic plants. However, if Caltrans and the City determine the use of
herbicides is the only feasible method for controlling invasive plants at a specific
project site, the following additional measures shall be implemented to protect
CRLF:
1. Caltrans and the City shall not use herbicides during the breeding season for
CRLF.
2. Caltrans and the City shall conduct surveys for CRLF immediately prior to the
start of herbicide use. If found, CRLF shall be relocated by a qualified biologist
to suitable habitat far enough from the project area that no direct contact with
herbicide would occur.
3. Cape ivy and other invasive plants shall be cut and hauled out by hand and
painted with glyphosate-based products, such as Aquamaster® or Rodeo®.
4. Licensed and experienced Caltrans staff or a licensed and experienced
contractor shall use a hand-held sprayer for foliar application of Aquamaster®
or Rodeo® where large monoculture stands occur at an individual project site.
5. All precautions shall be taken to ensure that no herbicide is applied to native
vegetation.
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6. Foliar applications of herbicide shall not occur when wind speeds are in excess
of 3 miles per hour.
7. No herbicides shall be applied within 24 hours of forecasted rain.
8. Application of herbicides shall be done by qualified Caltrans staff, City staff, or
contractors to ensure that overspray is minimized, application is made in
accordance with the label recommendations, and required and reasonable
safety measures are implemented. A safe dye shall be added to the mixtur e to
visually denote treated sites. Application of herbicides shall be consistent with
the USEPA Office of Pesticide Programs Endangered Species Protection
Program county bulletins.
9. All herbicides, fuels, lubricants, and equipment shall be stored, poured, or
refilled at least 100 feet from riparian habitat or water bodies in a location where
a spill would not drain directly toward aquatic habitat. Caltrans and the City
shall ensure that a plan is in place for a prompt and effective response to
accidental spills. All workers shall be informed of the importance of preventing
spills and of the appropriate measures to take should a spill occur.
BR-25 Upon completion of the project, Caltrans and the City shall ensure that a Project
Completion Report is completed and provided to the USFWS Ventura Field Office.
Caltrans and the City shall recommend modifications of the protective measures if
alternative measures would facilitate compliance with the provisions of the
consultation. In addition, Caltrans shall reinitiate formal consultation in the event
any of the following thresholds are reached as a result of the projects conducted
under the provisions of the consultation associated with the Programmatic
Biological Opinion:
Caltrans shall reinitiate consultation when, as a result of projects conducted under
the provision of the consultation associated with the Programmatic Biological
Opinion, any of the following occur:
1. 10 CRLF adults or juveniles have been killed or injured in any given year (for
this and all other standards, an egg mass is considered to be a CRLF);
2. 50 CRLFs have been killed or injured in total;
3. 20 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been permanently lost in any given year;
4. 100 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been permanently lost in total;
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5. 100 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been temporarily disturbed in any given year; or
6. 500 acres of critical habitat for the CRLF that include the primary constituent
elements of aquatic breeding and non-breeding aquatic habitat and upland and
dispersal habitat have been temporarily disturbed in total.
BR-26 Prior to construction, a biologist determined qualified by Caltrans and the CDFW
shall survey the BSA and, if present, capture and relocate any Coast Range newts
and southwestern pond turtles to adjacent suitable habitat upstream or
downstream of the BSA. Observations of the se or other special-status species
shall be documented on CNDDB forms and submitted to CDFW upon project
completion. If these species or other CDFW Species of Special Concern aquatic
species are observed during construction, they shall likewise be relocated to
suitable upstream habitat by a qualified biologist.
BR-27 If feasible and regulatory approvals allow, tree removal shall be scheduled to occur
from October 1 to January 31, outside of the typical nesting bird season, to avoid
potential impacts to nesting birds. If tree removal or other construction activities
are proposed to occur within 100 feet of potential habitat during the nesting season
(February 1 to September 1), a nesting bird survey shall be conducted by a
biologist determined qualified by Caltrans no more than 3 days prior to
construction. If an active nest is found, a qualified biologist shall determine an
appropriate buffer and monitoring strategy based on the habits and needs of the
species. The buffer area shall be avoided until a qualified biologist has determined
that juveniles have fledged.
BR-28 If least Bell’s vireo, southwestern willow flycatcher, and/or western yellow -billed
cuckoo are observed within 100 feet of construction activities, a qualified biologist
shall implement an exclusion zone and work shall be avoided within the exclusion
zone until the least Bell’s vireo, southwestern willow flycatcher, and/or western
yellow-billed cuckoo are located greater than 100 feet from project-related
disturbance. If an active least Bell’s vireo, southwestern willow flycatcher, and/or
western yellow-billed cuckoo nest is observed within 100 feet of the BSA, all project
activities shall immediately cease and Caltrans shall contact the USFWS and
CDFW within 48 hours. If required, Caltrans shall then initiate FESA Section 7
formal consultation with the USFWS and California Endangered Species Act
(CESA) coordination for least Bell’s vireo, southwestern willow flycatcher, and/or
western yellow-billed cuckoo and implement additional measures as necessary.
BR-29 Prior to demolition of the existing bridge, birds shall be excluded from the existing
bridge. Nesting bird exclusion methods may include installation of exclusion
netting, removing/knocking down nests before they contain eggs, or other m ethods
approved by the CDFW. Installation of exclusion netting shall occur outside of the
typical nesting season (i.e., implement exclusion methods from September 2 to
January 31).
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BR-30 Prior to demolition of the existing bridge, bats shall be passively excluded from the
existing bridge with exclusion netting or other means. Installation of exclusion shall
occur outside of the typical maternity roosting season (i.e., implement exclusion
from September 2 to February 14).
BR-31 If tree removal is required during the bat maternity roosting season (February 15
to September 1), a bat roost survey shall be conducted by a qualified biologist
within 3 days prior to removal. If an active bat roost is found, Caltrans shall
coordinate with the CDFW to determine an appropriate buffer based on the habits
and needs of the species. Readily visible exclusion zones shall be established in
areas where roosts must be avoided using ESA fencing. Work in the buffer area
shall be avoided until a qualified biologist has determined that roosting activity has
ceased. Active bat maternity roosts shall not be disturbed or destroyed at any
time.
BR-32 If it is determined that a substantial impact to pallid bat, western mastiff bat, or a
maternity roost shall occur, then the City shall compensate for the impact through
the development and implementation of a mitigation plan in coordination with the
CDFW.
BR-33 Prior to issuance of construction permits, the City shall prepare a Habitat Mitigation
and Revegetation Plan to assist project planners in preparing agency permit
applications associated with the permanent and temporary impacts to U.S. Army
Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB),
and California Department of Fish and Wildlife (CDFW) jurisdictions in San Luis
Obispo Creek. The HMRP shall be prepared in compliance with the guidelines
provided in the Final 2015 Regional Compensatory Mitigation and Monitoring
Guidelines for South Pacific Division USACE (USACE 2015), the Checklist for
Compensatory Mitigation Proposals (USACE 2008a), and the Final Rule for
Compensatory Mitigation for Losses of Aquatic Resources. The HMRP shall
identify the proposed 1:1 restoration ratio in-kind for temporary impacts, a 2:1
restoration or enhancement ratio in-kind for permanent impacts resulting in
degradation of ecological conditions, and a 3:1 restoration or enhancement ratio
in-kind for permanent impacts resulting in permanent loss. The final mitigation
requirements shall be determined through the permitting process and a final
Compensatory Mitigation Plan would need to be approved by the USACE, CDFW,
and RWQCB.
BR-34 Prior to construction, the City shall obtain a Section 404 Permit from the USACE,
a Section 401 Water Quality Certification from the RWQCB, and a Section 1600
Streambed Alteration Agreement from the CDFW for project -related impacts that
shall occur in areas under state and federal jurisdiction.
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BR-35 Prior to construction, the City shall retain a qualified biological monitor(s) to
monitor construction and ensure compliance with the avoidance and minimization
efforts outlined within all project environmental documents. At a minimum,
monitoring shall occur during initial ground disturbance activities and vegetation
removal within the San Luis Obispo Creek corridor. Monitoring may be reduced to
part time once initial disturbance and vegetation removal activities are complete.
The duration of monitoring should be at least once per week throughout the
remaining construction phases, unless specified otherwise by permitting
agencies.
BR-36 Prior to construction, all personnel shall participate in an environmental awareness
training program conducted by a qualified biologist. The program shall include a
description of the sensitive aquatic resources within the BSA and the boundaries
within which the project may be accomplished. If appropriate, the biologist may
train and designate a representative of the City or other designee to provide
training to subcontractors or personnel that shall be on -site for short durations
during the project.
BR-37 Construction activities within jurisdictional areas shall be conducted during the dry
season when stream flows will be at annual lows (June 15 and October 31) in any
given year, or as otherwise directed by the regulatory a gencies. Deviations from
this work window can be made with permission from the relevant regulatory
agencies.
BR-38 Prior to initiation of any construction activities, including vegetation clearing or
grubbing, sturdy high-visibility fencing shall be installed to protect the jurisdictional
areas adjacent to the designated work areas. This fencing shall be placed so that
unnecessary adverse impacts to the adjacent habitats are avoided. No
construction work (including storage of materials) shall occur outside of the
specified project limits. The fencing shall remain in place during the entire
construction period, be monitored periodically by a qualified biologist, and be
maintained as needed by the contractor.
BR-39 Prior to construction, a Storm Water Pollut ion Prevention Plan or Water Pollution
Control Plan for the project shall be prepared. Provisions of this plan shall be
implemented during and after construction as necessary to avoid and minimize
erosion and stormwater pollution in and near the work area.
BR-40 Prior to construction, the contractor shall prepare a Hazardous Materials
Response Plan to allow for a prompt and effective response to any accidental
spills. Workers shall be informed of the importance of preventing spills and of the
appropriate measures to take should a spill occur.
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BR-41 During construction, erosion control measures (e.g., silt fencing, fiber rolls, and
barriers) shall remain available on-site and shall be utilized as necessary to
prevent erosion and sedimentation in jurisdictional areas. No synthetic plastic
mesh products shall be used for erosion control and use of these materials on-site
is prohibited. Erosion control measures shall be checked to ensure that they are
intact and functioning effectively and maintained on a dai ly basis throughout the
duration of construction. The contractor shall also apply adequate dust control
techniques, such as site watering, during construction to protect water quality.
BR-42 During construction, the cleaning and refueling of equipment and vehicles shall
occur only within a designated staging area and at least 100 feet (30 meters) from
wetlands or other aquatic areas. At a minimum, equipment and vehicles shall be
checked and maintained on a daily basis to ensure proper operatio n and avoid
potential leaks or spills.
BR-43 During construction, trash shall be contained, removed from the work site, and
disposed of regularly. Following construction, trash and construction debris shall
be removed from the work areas. Vegetation removed from the construction site
shall be taken to a permitted landfill to prevent the spread of invasive species. If
soil from weedy areas (such as areas with poison hemlock [Conium maculatum]
or other invasive exotic plant species) must be removed to an off-site location, the
top 6 inches (152 millimeters) containing the seed layer in areas with weedy
species shall be disposed of at a permitted landfill.
BR-44 During construction, no pets shall be allowed on the construction site.
Cultural Resources
CR-1 In the event that historical or archaeological remains are discovered during earth -
disturbing activities associated with the project, an immediate halt work order shall
be issued and the City Community Development Director and City Public Wo rks
Director shall be notified. A qualified archaeologist shall conduct an assessment
of the resources and formulate proper mitigation measures, if necessary. After the
find has been appropriately mitigated, work in the area may resume. A Chumash
representative shall monitor any mitigation excavation associated with Native
American materials.
CR-2 In the event that human remains are exposed during earth -disturbing activities
associated with the project, an immediate halt work order shall be issued and the
City Community Development Director and City Public Works Director shall be
notified. State Health and Safety Code Section 7050.5 requires that no further
disturbance of the site or any nearby area reasonably suspected to overlie
adjacent human remains shall occur until the County Coroner has made the
necessary findings as to origin and disposition pursuant to Public Resources Code
Section 5097.98. If the remains are determined to be of Native American descent,
the coroner shall notify the Native American Heritage Commission within 24
hours.
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Hazards and Hazardous Materials
HAZ-1 All project-related spills or leaks of hazardous materials shall be cleaned up
immediately. Spill prevention and clean-up materials shall be located on-site at all
times during construction.
HAZ-2 Prior to issuance of construction permits, soil sampling shall be conducted in areas
of the South Higuera Street right-of-way where soil disturbance or excavation is
proposed for the presence of hazardous materials, including aerially de posited
lead (ADL) and hydrocarbons. Soil sampling shall be conducted by a licensed
geologist or other qualified professional as approved by the City. ADL sampling
shall focus on unpaved areas and formerly unpaved areas within the right -of-way
and shall be conducted in accordance with current Caltrans guidance documents.
Analytes to be targeted should include gasoline -, diesel-, and oil-range
hydrocarbons; volatile organic compounds; and fuel oxygenates. If contaminated
soil is present, the appropriate abatement actions shall be implemented in
accordance with applicable Caltrans Standard Special Provisions and other
applicable standards.
HAZ-3 A Soil Management Plan and Health and Safety Plan shall be developed for the
project to ensure contaminated soils excavated during project construction are
handled, stockpiled, and disposed of in accordance with federal, state, and local
regulations. Special handling, treatment, or disposal of ADL in soils during
construction activities shall be consistent with the DTSC and Caltrans Soil
Management Agreement for Aerially Deposited Lead-Contaminated soils (effective
July 1, 2016).
HAZ-4 Prior to issuance of construction permits, yellow traffic striping and similar
pavement parking materials shall be tested for presence of elevated levels of
metals that would require removal and special disposal measures during
construction per Caltrans Standard Special Provisions and other applicable
standards.
Transportation
TR-1 At least 8 weeks prior to scheduled road closure, the City shall notify SLO Transit
and local emergency service providers (including the SLOFD, SLOPD, and San
Luis Ambulance Services) of road closures along Prado Road. The notice shall
include dates and estimated duration of the closure, identify alternative access
routes to properties made inaccessible by the closure (as applicable), and contact
information available if there are issues or complaints. Complaints shall be directed
to the City Public Works Department.
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TR-2 Construction Traffic Management Plan. Prior to the issuance of construction
permits, the construction contractor shall meet with the City Public Works
Department to determine traffic management strategies to reduce, to the maximum
extent feasible, traffic congestion, impacts to bicyclists and pedestrians, impacts
to public transit services, and impacts to emergency service providers during
construction of the project. The construction contractor shall develop a
construction management plan for review and approval by the Public Works
Department. The plan shall include, at minimum, the following items and
requirements:
• A set of comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic and pedestrian hours, detour
signs if required, lane closure procedures, sidewalk closure procedures, signs,
designated construction access routes, and temporary traffic control measures
for automobile, bicycle, and pedestrian traffic.
• Notification procedures for adjacent property owners and public safety
personnel regarding when major deliveries, detours, and lane closures will
occur.
• Location of construction staging areas for materials, equipment, and vehicles.
• Identification of haul routes for movement of construction vehicles that would
minimize impacts on vehicular and pedestrian traffic, circulation and safety.
• Temporary construction fencing to contain debris and material and to secure
the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction
activity. Complaints shall be directed to the City Public Works Department.
• Provisions for monitoring surface streets used for haul and truck routes so that
any damage and debris attributable to construction-related trips can be
identified and corrected, including regular street sweeping within the project
vicinity.
• Location and signage of bicycle and pedestrian detours. Safe access for
pedestrians and bicyclists shall be maintained to the greatest extent possible
throughout the duration of construction activities.
• In the event the Prado Road Bridge Replacement Project is under construction
at the same time as the US 101/Prado Road Interchange Project during any
portion of the construction schedule, at least one connection from US 101 to
the City street network shall be maintained at all times (e.g., via the Prado
Road/South Higuera intersection or Elks Lane/South Higuera intersection). The
Construction Traffic Management Plan shall include measures that identify the
necessary steps that would be taken by the construction contractor and the City
to ensure this connection is maintained.
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The plan shall also incorporate, at minimum and to the extent feasible, the
following recommendations of the Construction Traffic Analysis (CCTC 2021)
prepared for the project:
• Signal timing modification and/or optimization at surrounding intersections;
• Restriping at surrounding intersections to improve traffic flow; and
• Installation of temporary signalization at the Higuera Street/Elks Lane
intersection prior to the closure of the Prado Road Bridge.
It is anticipated that the recommendations of the Construction Traffic Management
Plan for temporary signing, striping, and signalization of the South Higuera
intersection, and other construction traffic control measures would be incorporated
into the project Plan, Specification, and Estimate (PS&E) and developed in the
context of the City Municipal Code Construction and Fire Prevention Regulations
and the City of San Luis Obispo 2013 Construction & Fire Codes, which address
other issues such as hours of construction onsite, limitations on noise and dust
emissions, and other applicable items.
Tribal Cultural Resources
TCR-1 A qualified archaeologist and Native American monitor shall be present during all
project related construction activities that result in disturbance of native soil that
may contain tribal cultural resources. Monitoring activities shall be conducted in
accordance with a Monitoring Plan as approved by the City Community
Development Department. The plan shall include provisions such as:
1. List of personnel involved in the monitoring activities including a Native
American monitor;
2. Description of how the monitoring shall occur;
3. Description of monitoring frequency;
4. Description of circumstances that would result in the “work diversion,” in the
case of discovery, at the project site;
5. Description of procedures for diverting work on the site and notification
procedures;
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6. Description of monitoring reporting procedures; and
7. Description of the procedures for reburial of artifacts and/or human remains
within identified areas on the project site or other suitable location.
Upon motion of Mayor Stewart, seconded by Council Member Vice Mayor Marx,
and on the following roll call vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of February 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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