HomeMy WebLinkAboutItem 8 - Attachment A - Draft Resolution adopting Initial Study MNDR ______
RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION APPROVING ADOPTING THE MITIGATED NEGATIVE
DECLARATION FOR THE STILLING BASIN DRAIN, CLEAN, AND
INSPECT PROJECT.
WHEREAS, an Initial Study/Mitigated Negative Declaration has been prepared for
the Whale Rock Reservoir Stilling Basin Drain, Clean, and Inspect Project ; and
WHEREAS, the Initial Study/Mitigated Negative Declaration has been noticed,
posted, and circulated for public review pursuant to the California Environme ntal Quality
Act.
NOW, THEREFORE, BE IT RESOLVED by the Whale Rock Commission that:
SECTION 1. Environmental Determination. Based upon all evidence in the record,
the Whale Rock Commission hereby adopts the Initial Study/Mitigated Negative
Declaration (IS/MND) prepared and circulated for the Project, and adopts the following
findings:
a) The Whale Rock Reservoir Stilling Basin Drain, Clean, and Inspect 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 monitoring program in
the IS/MND, which is hereby adopted:
Air Quality
AQ-1 At the time of building and/or grading permit submittal, the following idling
control techniques shall be shown on all applicable plans and implemented
during all construction activities and use of diesel vehicles:
1. Idling Restrictions Near Sensitive Receptors for Both On- and Off-
Road Equipment
a. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be
permitted;
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c. Use of alternative fueled equipment shall be used whenever
possible; and
d. Signs that specify the no idling requirements shall be posted and
enforced at the construction site.
2. California Diesel Idling Regulations. On-road diesel vehicles shall
comply with Section 2485 of Title 13 of the California Code of
Regulations. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of more 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:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location, except as noted in Subsection (d) of the
regulation; and
b. Shall not operate a diesel-fueled auxiliary power system 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
minutes at any location when within 1,000 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 5-minute idling limit. The specific requirements and
exceptions in the regulation can be reviewed at the following
website: https://ww2.arb.ca.gov/capp-resource-center/heavy-duty-diesel-
vehicle-idling-information.
AQ-2 At the time of building and/or grading permit submittal, the following particulate
matter control measures shall be shown on all applicable plans and
implemented during all construction and ground -disturbing activities:
1. Reduce the amount of disturbed area where possible.
2. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site and from exceeding the San
Luis Obispo Air Pollution Control District’s limit of 20 percent opacity
for greater than 3 minutes in any 60-minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 miles
per hour. Reclaimed (non-potable) water should be used whenever
possible. When drought conditions exist and water use is a concern,
the contractor or builder should consider use of a dust suppressant that
is effective for the specific site conditions to reduce the amount of
water used for dust control. Please refer to the following link from
the San Joaquin Valley Air District for a list of potential
dust suppressants:
http://www.valleyair.org/busind/comply/PM10/Products%20Available
%20for%20Controlling%20PM10%20Emi ssions.htm.
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3. All dirt stockpile areas should be sprayed daily and covered with tarps
or other dust barriers as needed.
4. All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible, and building pads should be laid as
soon as possible after grading unless seeding, soil binders or other dust
controls are used.
5. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) or otherwise
comply with California Vehicle Code Section 23114.
6. “Track-Out” is defined as sand or soil that adheres to and/or
agglomerates on the exterior surfaces of motor vehicles and/or
equipment (including tires) that may then fall onto any highway or street
as described in California Vehicle Code Section 23113 and Califor nia
Water Code 13304. To prevent ‘track out’, designate access points and
require all employees, subcontractors, and others to use them. Install
and operate a ‘track-out prevention device’ where vehicles enter and
exit unpaved roads onto paved streets. The ‘track-out prevention
device’ can be any device or combination of devices that are effective
at preventing track out, located at the point of intersection of an
unpaved area and a paved road. Rumble strips or steel plate devices
need periodic cleaning to be effective. If paved roadways accumulate
tracked out soils, the track-out prevention device may need to be
modified.
7. All fugitive dust mitigation measures shall be shown on grading and
building plans.
8. The contractor or builder shall designate a person or persons whose
responsibility is to ensure any fugitive dust emissions do not result in a
nuisance and to enhance the implementation of the mitigation
measures as necessary to minimize dust complaints and reduce visible
emissions below the San Luis Obispo Air Pollution Control District’s
limit of 20 percent opacity for greater than 3 minutes in any 60 -minute
period. Their duties shall include holidays and weekend periods when
work may not be in progress (for example, wind-blown dust could be
generated on an open dirt lot). The name and telephone number of
such persons shall be provided to the San Luis Obispo Air Pollution
Control District Compliance Division prior to the start of any grading,
earthwork, or demolition (Contact the Compliance Division at 805 -781-
5912).
9. 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.
10. Exposed grounds that are planned to be reworked at dates greater than
1 month after initial grading shall be sown with a fast-germinating, non-
invasive grass seed and watered until vegetation is established.
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11. All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical binders, jute netting, or other methods
approved in advance by the San Luis Obispo Air Pollution Control
District.
12. Vehicle speed for all construction vehicles shall not exceed 15 miles
per hour on any unpaved surface at the construction site.
13. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers shall be used with
reclaimed water where feasible. Roads shall be pre-wetted prior to
sweeping when feasible.
14. Take additional measures as needed to ensure dust from the project
site is not impacting areas outside the project boundary.
AQ-3 Prior to the commencement of construction and grading activities, the City
Public Utilities Department shall submit the NOA Construction and Grading
Project Form and a Mini Dust Control Measure Plan (as outlined in the
Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining
Operations Section 93105.e.A-F), and the associated fees to the SLOAPCD
for review and approval.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The Public Utilities Department and Whale Rock staff shall verify
compliance and shall inspect the site to ensure activities are completed in
accordance with approved plans, permits, and mitigation measures.
Biological Resources
BIO-1 An environmental awareness training shall be presented to all construction
personnel by a qualified biologist prior to start of project activities. The training
shall include color photographs and a description of the ecology of all special-
status species known or determined to have potential to occur, including but
not limited to CRLF, south-central California coast steelhead, and
southwestern pond turtle, as well as other sensitive resources requiring
avoidance near project impact areas. The training shall also include a
description of protection measures required by any discretionary permits, an
overview of the Endangered Species Act, implications of noncompliance with
the Endangered Species Act, and required avoidance and minimization
measures.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The qualified biologist or Environmental Monitor shall monitor
environmental compliance of activities throughout the construction/activity period
or as stipulated in the species- or resource-specific mitigation measure and provide
monitoring reports to the City.
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BIO-2 The following measures shall be incorporated into the project to protect
wetlands/waterways and special-status species:
1. No refueling or maintenance of vehicles or equipment shall occur
within 100 feet of the spillway/Old Creek.
2. Spill clean-up kits and secondary containment shall be made
available and used to prevent spills or leaks from entering the
drainage.
3. Secondary containment such as drop pans shall be used to prevent
leaks and spills of potential contaminants.
4. Washing of concrete, paint, or equipment, and refueling and
maintenance of equipment shall occur only in designated areas.
5. Sandbags and/or absorbent pads shall be a vailable to clean up any
spilled fuel, as needed.
6. Any chemicals used shall be prevented from entering the
jurisdictional areas.
7. Construction equipment shall be inspected by the operator daily to
ensure that equipment is in good working order and no fuel or
lubricant leaks are present.
8. Plastic monofilament netting (erosion control matting) or similar
material will not be used on site due to the potential to entangle
special-status wildlife. Acceptable substitutes are coconut coir
matting, biodegradable fiber rolls, or tackified hydroseeding
compounds.
9. During project activities, all trash that may attract predators or
scavengers shall be properly contained, removed from the work site,
and disposed of at the end of each work week. Following
construction, all trash and debris shall be removed from work areas.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The Environmental Monitor shall monitor environmental compliance of
the construction activities throughout the construction/activity period or as
stipulated in the Mitigation and Monitoring Plan and provide monitoring reports to
the City.
BIO-3 The following protection measures will be incorporated into the project to
protect southwestern pond turtle during project operations:
1. A qualified biologist shall complete a pre-construction survey for
southwestern pond turtle within 48 hours prior to the start of all work
within 100 feet of suitable habitat. Surveys shall include an inspection
of all work areas, staging areas, and access routes. Further, daily site
inspections shall be completed each morning prior to the start of work
within all work areas, throughout the dewatering and sediment
removal phases. All vehicles, equipment, and materials staged on
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site overnight shall be inspected during pre-activity surveys and daily
site inspections.
2. A qualified biologist shall monitor all initial equipment mobilization
and staging activities within 100 feet of the creek. If southwestern
pond turtles are discovered in the work areas, they shall be allowed
to leave the area on their own volition or be relocated by a qualified
biologist with appropriate authorization from CDFW to pre-
determined suitable habitat areas located outside the immediate
impact area.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
construction period or as stipulated in the species - or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-4 The following protection measures will be incorporated into the project to
protect California red-legged frog during project operations:
1. To avoid the potential for take of CRLF that may disperse through the
project area during the project, all initial project activities associated
with the dewatering and sediment removal will be complete d in the
dry season (between April 15 and October 31) or when conditions
are dry. During rain events or any day for which the National Weather
Service has predicted a 25% or more chance of at least 0.1 inch rain
in 24 hours (Predicted Rain Event) construction activities below top
of creek banks or in other waters of the State may resume after the
rain has ceased, the National Weather Service predicts clear weather
for at least 24 hours, and site conditions are dry enough to continue
work without discharge of sediment or other pollutants from the
project site.
2. During temporary dewatering activities, the intake screen will consist
of wire mesh not larger than 0.20-inch to prevent any CRLF from
entering the pump system.
3. If exotic species known such as bullfrogs, crayfish, or centrarchid
fishes are observed in the project area, a USFWS-approved biologist
shall permanently remove these individuals from the project area to
extent possible.
4. To ensure that diseases are not conveyed between work sites by the
USFWS-approved biologist, the following fieldwork practices will be
implemented:
a. Mud, snails, algae, and other debris shall be removed from nets,
traps, boots, vehicle tires, and all other surfaces. Items will be
rinsed cleaned with sterilized (e.g., boiled or treated) water
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before leaving each work site or prior to equipment being used
again.
b. Boots, nets, traps, and other types of equipment used in the
aquatic environment shall be scrubbed with 70 percent ethanol
solution and rinsed clean with sterilized water (e.g., boiled or
treated) between sites.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
construction period or as stipulated in the species - or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-5 The following measures shall be implemented immediately prior to and during
dewatering and sediment removal activities within the project site for CRLF
until completion:
1. A qualified biologist will survey the project site no more than 48 hours
before the onset of work activities. If the biologist finds any life stage
of the CRLF which are likely to be killed or injured by work activities,
the biologist will be allowed sufficient time to move them from the site
before work begins, assuming authorization from USFWS has be en
granted. The biologist will relocate the CRLFs to a pre-designated
relocation site within the same drainage that contains suitable habitat
and that will not be affected by activities associated with the proposed
project.
2. A qualified biologist will be present at the work site during all initial
equipment mobilization and staging activities and until all CRLFs
have been relocated out of harm’s way and disturbance of suitable
habitat areas has been completed. After this time, the biologist will
designate a person to monitor on-site compliance with all
minimization measures. The biologist will ensure that this monitor
receives the training outlined in BIO-1 and in the identification of
CRLFs. If the designated CRLF monitor or the biologist recommends
that work be stopped because CRLFs would be affected in a manner
not anticipated during initial project review, they will notify the City
immediately. The City will either resolve the situation by eliminating
the adverse effect immediately or require that all actions causing
these effects be halted. If the City halts work, the USFWS will be
notified for further consultation.
3. The biological monitor will inspect the project site each morning prior
to the onset of activities. The biologist will relocate any CRLF found
to the pre-designated relocation area.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
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agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
construction period or as stipulated in the species - or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-6 The following measures shall be incorporated as a part of the project to further
protect fish and other aquatic wildlife on site:
1. Prior to capture and relocation activities, the relevant
regulator/resource agency shall be notified to allow for an opportunity
to provide watershed specific guidance.
2. In-stream work, including dewatering activities, shall take place
between April 15 and October 31 in any given year, when the surface
water is likely to be at seasonal minimum. Deviations from this work
window will only be made with permission from the relevant
regulatory/resource agencies.
3. During in-stream work, if pumps are incorporated to assist in
temporarily dewatering the site, intakes shall be completely screened
with no larger than 0.2-inch wire mesh to prevent steelhead and other
sensitive aquatic species from entering the pump system. Pumps
shall release the additional water to a settling area, basin, or tank,
allowing the suspended sediment to settle out prior to re-entering the
stream(s) outside of the isolated area. The form and function of all
pumps used during the dewatering activities shall be checked daily,
to ensure a dry work environment and minimize adverse effects to
aquatic species and habitats.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
construction period or as stipulated in the species- or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-7 The following measures shall be implemented immediately prior to and during
all project work area dewatering activities to further protect steelhead and
other aquatic wildlife on site:
1. A qualified biologist(s) shall identify and evaluate the suitability of
downstream and/or upstream steelhead relocation habitat(s) prior to
undertaking the dewatering activities that are required to isolate the
work area from standing/flowing water. This shall include an
evaluation of potential relocation sites based on attributes such as
adequate water quality (a minimum dissolved oxygen level of 5 mg/L
and suitable water temperature), cover (instream and o ver-hanging
vegetation or woody debris) and living space. Multiple relocation
habitats may be necessary to prevent overcrowding of a single
habitat depending on the number of steelhead captured, current
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number of steelhead already occupying the relocation habitat(s), and
the size of the receiving habitat(s).
2. Prior to dewatering, block nets shall be installed immediately
downstream of the proposed work area. The purpose will be to
exclude fish from reentering the work area by blocking the stream
channel below with fine meshed nets or screens. Mesh will be no
greater than 1/8-inch diameter. The bottom of the seine must be
completely secured to the channel bed to prevent fish from reentering
the work area. Exclusion screening must be placed in areas of low
water velocity to minimize fish impingement. Block nets shall be
placed and maintained throughout the construction period at the
lower extent of the areas where fish will be removed. Block net mesh
shall be sized to ensure steelhead upstream or downstream do not
enter the areas proposed for dewatering between passes with the
electrofisher (if authorized) or seine.
3. The qualified biologist(s) shall lead all block netting, seining,
electrofishing, and fish relocation activities including the capture and
relocation of steelhead prior to installation of block nets. This shall
include the documentation of the number of steelhead observed in
the affected area, the number of steelhead relocated, and the date
and time of collection and relocation. The following requirem ents for
capture and transport of steelhead shall be adhered to during all
operations:
a. Determine the most efficient means for capturing fish. Complex
stream habitat generally requires the use of electrofishing
equipment, whereas in outlet pools, fish may be concentrated
by pumping down the pool and then seining or dip-netting fish.
b. Initial fish relocation efforts will be conducted several days prior
to the start of construction. This will provide the biologist(s) an
opportunity to return to the work area and perform additional
electrofishing passes immediately prior to project
implementation. In many instances, additional fish will be
captured that eluded the previous day’s efforts.
c. If the project site has high summer water temperatures,
perform relocation activities during morning periods.
d. Periodically measure air and water temperatures and monitor
fish health. Temperatures will be measured at the head of riffle
tail of pool interface. Cease activities if health of fish is
compromised owing to high water temperatures, or if mortality
exceeds three percent of captured steelhead.
4. The following methods shall be used if fish are removed with seines:
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a. A minimum of three passes with the seine shall be utilized to
ensure maximum capture probability of steelhead within the
area.
b. All captured fish shall be processed and released prior to each
subsequent pass with the seine.
c. The seine mesh shall be adequately sized to ensure fish are
not gilled during capture and relocation activities.
5. If standard fish capture methods are deemed ineffective due to
environmental conditions, electrofishing shall only be used following
the methods listed below (assuming authorization):
a. All electrofishing will be conducted according to NMFS’
Guidelines for Electrofishing Waters Containing Salmonids
Listed Under the Endangered Species Act, including
modifications for South Central and Southern California
streams including all voltage settings on the electrofisher which
shall not exceed 300 volts.
b. A minimum of three passes with the electrofisher shall be
utilized to ensure maximum capture probability of steelhead
within the area proposed for dewatering.
c. Water temperature, dissolved oxygen, and conductivity shall
be recorded in an electrofishing logbook, along with
electrofishing settings.
d. A minimum of one assistant shall aid the NMFS/USFWS
approved biologist(s) by netting stunned fish and other aquatic
vertebrates.
6. Steelhead relocation activities will be consistent with the measures
presented below, which are excerpted from Measures to Minimize
Impacts to Aquatic Habitat and Species During Dewatering of Project
Sites, on pages IX-51 and IX-52 of the CDFW California Salmonid
Stream Habitat Restoration Manual:
a. All project site dewatering activities shall be coordinated with
the qualified biologist and/or other biologists qualified to
perform fish and amphibian (i.e., CRLF) relocation activities.
b. Minimize the length of the dewatered stream channel and
duration of dewatering.
c. The work area may often be periodically pumped dry of
seepage. Place pumps in flat areas, well away from the stream
channel. Secure pumps by tying off to a tree or stake in place
to prevent movement by vibration. Refuel in an area well away
from the stream channel and place fuel absorbent mats under
pump while refueling. Pump intakes should be covered with
1/8-inch wire mesh to prevent entrainment of fish or
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amphibians that failed to be removed. Check intake periodically
for impingement of fish or amphibians.
7. In order to minimize injury or mortality of steelhead during fish
relocation and dewatering activities, additional measures are
presented below consistent with the Measures to Minimize Injury and
Mortality of Fish and Amphibian Species During Dewatering, on
pages IX-52 and IX-53 of the CDFW California Salmonid Stream
Habitat Restoration Manual:
a. Fish relocation activities will be led by the qualified biologist(s)
who has experience in steelhead biology and ecology, aquatic
habitats, biological monitoring (including
diversion/dewatering), and capturing, handling, and relocating
fish species.
b. The qualified biologist(s) will continuously monitor placement
and removal of any required block nets and will capture
stranded steelhead and other native fish species and relocate
them to suitable habitat, as 14 appropriate. The biologist(s) will
capture steelhead stranded as a result of dewatering and
relocate them to the nearest suitable instream habitat. The
biologist(s) will note the number of steelhead observed in the
affected area, the number relocated, and the date and time of
the collection and relocation.
c. Minimize handling of salmonids. However, when handling is
necessary, always wet hands or nets prior to touching fish.
d. Discharge wastewater from project area to an upland location
where it will not drain sediment-laden water back to the stream
channel. When the project is completed, the block nets shall be
removed as soon as possible in a manner that will allow flow to
resume with the least disturbance to the substrate.
e. Fish shall not be overcrowded into buckets, allowing no more
than 150 0+ fish (approximately six cubic inches per 0+
individuals) per 5-gallon bucket and fewer individuals per
bucket for larger/older fish.
f. Every effort shall be made not to mix 0+ steelhead with larger
steelhead, or other potential predators, that may consume the
smaller steelhead. Have at least two containers and segregate
young-of-year (0+) fish from larger age-classes. Place larger
amphibians in the container with larger fish.
g. Salmonid predators, including other fishes and amphibians,
collected and relocated during electrofishing or seining
activities shall not be relocated so as to concentrate them in
one area. Emphasis shall be placed on avoiding relocation of
predators into the steelhead relocation pools. To minimize
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predation of steelhead, these species shall be distributed
throughout the wetted portion of the stream to avoid
concentrating them in one area.
h. All captured steelhead shall be relocated, preferably upstream,
of the proposed construction project and placed in suitable
habitat. All captured fish shall be placed into a pool, preferably
with a depth of greater than two feet with available instream
cover.
8. NMFS shall be contacted immediately if one or more steelheads are
found dead or injured. The purpose of the contact shall be to review
the activities resulting in take and to determine if additional protective
measures are required. All steelhead mortalities shall be retained,
frozen as soon as practical, and placed in an appropriate sized
sealable bag that is labeled with the date and location of the
collection and fork length and weight of the specimen(s). Frozen 15
samples shall be retained by the biologist until additional instructions
are provided by NMFS.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
construction period or as stipulated in the species - or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-8 If work is planned to occur between February 1 and August 31, a qualified
biologist shall survey the area for nesting birds within one week prior to activity
beginning on site. If nesting birds are located on or near the proposed project
site, they shall be avoided until they have successfully fledged, or the nest is
no longer deemed active. A non-disturbance buffer of 50 feet will be placed
around non-listed, passerine species, and a 250-foot buffer will be
implemented for all raptor species. All activity will remain outside of the buffer
until a qualified biologist has determined that the nest is no longer active (e.g.,
young have fledged, nest failed, etc.) or that proposed construction activities
would not cause adverse impacts to the nest, adults, eggs, or young. If any
active nests of listed, fully protected, or otherwise special-status species are
detected during the surveys, the appropriate wildlife protection agency shall
be contacted for guidance on how to proceed. No work would occur within the
specified no-work buffers unless previously coordinated with CDFW p rior to
initiation.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project. The Environmental Monitor shall monitor
environmental compliance of the construction activities throughout the
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construction period or as stipulated in the species - or resource-specific mitigation
measure and provide monitoring reports to the City.
BIO-9 Prior to project initiation, all applicable agency permits with jurisdiction over
the project area (i.e., USACE, CDFW, and RWQCB) should be obtained, as
necessary. All additional mitigation measures required by these agencies
would be implemented as necessary throughout project activities.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. Any required permits shall be obtained from the state and federal
agencies prior to initiation of the project.
BIO-10 The following measures are provided to further pro tect drainage features and
aquatic resources on site:
1. The limits of jurisdictional aquatic features shall be clearly shown on
all site plans. Further, temporary construction activities including
access routes and staging areas shall be reduced to the small est
area required.
2. All equipment and materials shall be stored away from the edge of
the spillway/creek to the maximum extent feasible at the end of each
working day.
3. Prior to project implementation, a Spill Contingency Plan shall be
developed which outlines the procedures for prompt and effective
response to any accidental spills. All workers will be informed of the
importance of preventing spills and of the appropriate measures
should a spill occur.
4. All staged and stored equipment shall have secondary containment
(i.e., drip pans) to prevent leaks and spills of potential contaminants
from entering the creek.
5. Washing of concrete, paint, or equipment, and refueling and
maintenance of equipment shall occur only in designated areas with
appropriate containment 16 (i.e., visqueen, temporary L-bracket
berms). Sandbags and/or absorbent pads shall be available to
prevent water and/or spilled fuel from leaving the site.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The Environmental Monitor shall monitor environmental compliance of
the construction activities throughout the construction/activity period or as
stipulated in the Mitigation and Monitoring Plan and provide monitoring reports to
the City.
Cultural Resources
CR-1 Prior to initiation of project activities, a City-qualified archaeologist shall
conduct cultural resource awareness training for all construction personnel
including the following:
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1. Review the types of archaeological artifacts that may be uncovered;
2. Provide examples of common archaeological artifacts to examine;
3. Review what makes an archaeological resource significant to
archaeologists and local Native Americans;
4. Describe procedures for notifying involved or interested parties in
case of a new discovery;
5. Describe reporting requirements and responsibilities of construction
personnel;
6. Review procedures that shall be used to record, evaluate, and
mitigate new discoveries; and
7. Describe procedures that would be followed in the case of discovery
of disturbed as well as intact human burials and burial -associated
artifacts.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The qualified archaeologist shall conduct the awareness training and
provide documentation of compliance to the City Public Utilities Department.
CR-2 The following measure shall be shown on all applicable plans and
implemented if cultural resources are encountered during all construction
activities:
If cultural resources are encountered during subsu rface earthwork activities,
all ground-disturbing activities within a 25-foot radius of the find shall cease
and the City shall be notified immediately. Work shall not continue until a City-
qualified archaeologist assesses the find and determines the need for further
study. If the find includes Native American-affiliated materials, a local Native
American tribal representative will be contacted to work in conjunction with the
City-approved archaeologist to determine the need for further study. A
standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously
unidentified resources found during construction shall be recorded on
appropriate California Department of Parks and Recreation (DPR) forms and
evaluated for significance in terms of CEQA criteria by a qualified
archaeologist.
If the resource is determined significant under CEQA, the qualified
archaeologist shall prepare and implement a research design and
archaeological data recovery plan, in conjunction with locally affiliated Native
American representative(s) as necessary, that will capture those categories of
data for which the site is significant. The archaeologist shall also perform
appropriate technical analysis, prepare a comprehensive report, and file it with
the Central Coast Information Center (CCIC), located at the University of
Resolution No. _____ (2023 Series) Page 15
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California, Santa Barbara, and provide for the permanent curation of the
recovered materials.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. In the event of unanticipated discovery, the qualified archaeologist shall
submit an evaluation report for review and approval by the City Public Utilities
Department and Community Development Departmen t. Compliance with any
required subsequent actions shall be ensured by the City.
CR-3 The following measure shall be shown on all applicable plans and
implemented if human remains are exposed during construction and ground -
disturbing activities:
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 locally affiliated Native
American representative(s) (as necessary) shall be notified. California 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 PRC 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.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. In the event of unanticipated discovery, the qualified archaeologist shall
submit an evaluation report for review and approval by the City Public Utilities
Department and Community Development Depa rtment. Compliance with any
required subsequent actions shall be ensured by the City.
Geology and Soils
Implement mitigation measures CR-1 and CR-2.
Hazards and Hazardous Materials
Implement mitigation measure BIO-2.
Hydrology and Water Quality
Implement mitigation measure BIO-2.
Noise
N-1 The following noise reduction measures shall be shown on all applicable plans
and adhered to during project activities:
1. Stationary construction equipment that generates noise that exceeds
60 A-weighted decibels (dBA) at the project boundaries shall be
shielded with the most modern noise control devices (i.e., mufflers,
lagging, and/or motor enclosures).
Resolution No. _____ (2023 Series) Page 16
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2. Impact tools (e.g., jackhammers, pavement breakers, rock drills, etc.)
used for project construction shall be hydraulically or electrically
powered wherever possible to avoid noise associated with
compressed air exhaust from pneumatically powered tools.
3. Where use of pneumatic tools is unavoidable, an exhaust muffler on
the compressed air exhaust shall be used.
4. All construction equipment shall have the manufacturers’
recommended noise abatement methods installed, such as mufflers,
engine enclosures, and engine vibration insulators, intact and
operational.
5. All construction equipment shall undergo inspection at periodic
intervals to ensure proper maintenance and presence of noise control
devices (e.g., mufflers, shrouding, etc.).
Monitoring Program: All mitigation measures shall be shown on construction
plans. The City Public Utilities Department or their design ee shall ensure
compliance.
Tribal Cultural Resources
Implement mitigation measures CR-1 and CR-2.
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;
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.
Monitoring Program: All mitigation measures shall be shown on plans and
materials. The Construction Monitoring Treatment Plan shall be prepared in
consultation with the Native American representative(s) and submitted to fo r
review and approval by the City Public Utilities Department and Community
Resolution No. _____ (2023 Series) Page 17
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Development Department prior to initiation of project activities. The City Public
Utilities Department shall ensure compliance with this measure. The qualified
archaeologist shall submit the monitoring program report to the City Public Utilities
Department and Community Development Department for review and approval.
Upon motion of Commissioner ___________, seconded by Commissioner
___________, and on the following roll call vot e:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 202 3.
___________________________
[XX]
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