HomeMy WebLinkAboutR-9585 - Consideration of Nacimiento Water Project ENVIRONMENTAL IMPACT REPORT AND ADOPTING FINDINGSRESOLUTION NO. 9585 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONSIDERING THE NACIMIENTO WATER PROJECT
ENVIRONMENTAL IMPACT REPORT AND ADOPTING FINDINGS
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation
District (County) owns an entitlement to 17,500 acre -feet per year (afy) of water from
Nacimiento Reservoir; and
WHEREAS, the County has solicited participation in a pipeline project to deliver
Nacimiento water to cities and other water purveyors in the County; and
WHEREAS, the City has submitted a request to the County for 3,380 afy of water from the
Nacimiento Project; and
WHEREAS, the City is considered a Responsible Agency, with respect to the
environmental documentation of the project under the .California Environmental Quality Act
(CEQA); and
WHEREAS, CEQA requires that Responsible Agencies participating in the project must
review and consider the project Environmental Impact Report (EIR), adopt findings, and make a
Statement of Overriding Considerations; and
WHEREAS, the City Council finds that the certified Final Environmental Impact Report
and the proposed mitigation measures are consistent with the Water and Wastewater
Management Element, the goals and policies of the General Plan, the purposes of the Zoning
Regulations and other applicable City ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council has reviewed and
considered the Nacimiento Water Project EIR, proposed mitigations, and other support
documentation.
SECTION 2. The Council of the City of San Luis Obispo hereby adopts the Findings
attached hereto, incorporated herein, and identified as Exhibit A.
R 9585
o
Resolution.No. 9585 (2004 Series)
Page 2
SECTION 3. The Council of the City of San Luis Obispo hereby adopts the Statement
of Overriding Considerations included in the Findings (Exhibit A).
Upon motion of Council Member Ewan, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 29th day of June, 2004.
11 M. '� - •
ATTEST:
Q&'
Diane Reynol , G. C.
Deputy City
APPROVED AS TO FORM:
Jonath well
City Attorney
City of San Luis Obispo
Exhibit A
NACIMIENTO WATER PROJECT
CEQA FINDINGS
Environmental Determination ........................................................... ............................... 1
II. Project Background ......................................................................... ............................... 1
III. Summary Project Description .......................................................... ............................... 4
IV. The Record ...................................................................................... ............................... 8
V. The December 2003 Final Environmental Impact Report/Environmental Impact
Statement for the Nacimiento Water Project .................................. ............................... 10
VI. Statement of Overriding Considerations .................:...................... ............................... 12
VII. Potential Environmental Effects Which Are Beneficial or Not Significant ..................'..... 14
VIII. Potential Significant Effects Which Have Been Mitigated to a Level of Insignificance.... 32
IX. Potential Significant Unavoidable Effects for Which Sufficient Mitigation Is not Available
...................................................................................................... ............................... 84
XCumulative and Growth Inducing Impacts ...................................... ............................... 90
XI. Findings Regarding Alternatives to the Proposed Project..: .......................................... 92
XII. Mitigation Monitoring and Reporting Program ................................ ............................... 96
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 1
CITY OF SAN LUIS OBISPO
FINDINGS OF MITIGATION AND
ADOPTION OF MITIGATION MONITORING PROGRAM FOR THE
NACIMIENTO WATER PROJECT
I. Environmental Determination
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental
Impact Report (State Clearinghouse Number 2001061022 [County Environmental Document
Number ED00 -060]) for the Nacimiento Water Project (NWP) in determining to carry out the
Nacimiento Water Project, Raw Water Option. The Final EIR consists of the Draft EIR, the
responses to comments on the Draft EIR, a list of persons and agencies commenting on the Draft
EIR and the Mitigation Monitoring Program (collectively referred to as the Final EIR). The City
Council has received, reviewed, considered and relied on the information contained in the Final
EIR, as well as information provided at hearings and submissions of testimony from official
participating agencies, the public and other agencies and organizations.
Having received, reviewed and considered the foregoing information, as well as any and all
information in the record, the City Council of the City of San Luis Obispo hereby makes these
Findings pursuant to, and in accordance with, Section 21081 of the Public Resources Code, as
follows:
II. Project Background
The use of water from Lake Nacimiento has long been recognized as a significant viable element
in the County's regional water supply program. Water supply needs were anticipated in 1959
when the San Luis Obispo County Flood Control and Water Conservation District
( SLOFCWCD) entered into agreements with the Monterey County Water Resources Agency to
appropriate 17,500 afy of water from Lake Nacimiento. NWP was highly ranked in the SLO
County Master Water Plan Update as a water supply alternative, second only to the State Water
Project (SWP).
A series of studies on the NWP prepared under the direction of the SLO County Public Works
Department and reviewed by the SLO County Board of Supervisors indicated that the NWP is a
viable water supply project.
In 1992, the SLOFCWCD Board of Supervisors approved the use of 4,830 afy of supplemental
water supplies from the SWP for eleven communities. In the EIR prepared to assess the impacts
of the SWP, the California Department of Water Resources (DWR) estimated that without a
supplemental water supply, development extraction of groundwater in SLO County would
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 2
exceed dependable water supplies by about 81,000 afy by the year 2035 (DWR 1991). With the
exception of the City of San Luis Obispo (which obtains regulated water supplies from Whale
Rock Reservoir, as part of the Whale Rock Commission, and Salinas Reservoir) and the Cayucos
purveyors who also have entitlements from Whale Rock Reservoir; groundwater is the primary
source of water for those communities applying to develop the NWP.
On May 5, 1995 the County Environmental Coordinator issued an NOP for an environmental
impact report (ED 92 -271) on the NWP. The proposed project consisted of two phases (Phases I
and II). Phase I included construction and operation of a raw water pipeline system that would
deliver untreated Lake Nacimiento water to the several water treatment plants that would be
operated by the water purveyors (local treatment plants); this phase also included a stretch of
treated water pipeline from the local treatment plants to several purveyors. Phase H included
construction of several local water treatment plants, which could be deferred for up to ten years.
In November 1995, the County of San Luis Obispo retained Boyle Engineering Corporation,
Carollo Engineers and Ogden Environmental and Energy Services as project manager,
engineering consultant and environmental consultant, respectively, to prepare an engineering
report and subsequent environmental evaluation for a water pipeline and associated
appurtenances in the approved pipeline corridor. The engineering report and environmental
document were to evaluate both treated and raw water options for delivering Nacimiento water to
the county's purveyors.
On April 3, 1996 a revised NOP was issued based on changes in the project description for the
NWP. A draft engineering report, Nacimiento Water Supply Project -Phase II, Draft EIR
Preparation Phase Engineering Report by Carollo Engineers (1996 Carollo Draft Report) was
prepared, followed by a Nacimiento Water Supply Project Draft EIR by Ogden Environmental
and Energy Services (the NWP 1997 EIR).
During a public review of the NWP 1997 EIR several negative comments were brought up in
regards to the placement of the pipeline route down Nacimiento Lake Drive, through Vine Street
in Paso Robles, and down Main Street in Templeton. These comments largely focused on
construction impacts along those roadways. Based on the comments, the County Board of
Supervisors directed staff to investigate the feasibility of a new pipeline corridor through Camp
Roberts as well as other alternatives and sub - alternatives which were submitted by the public
during the EIR review process.
In September 1999, Boyle Engineering Corporation submitted the Nacimiento Water Supply
Project, Pipeline Alignment and Profile (the 1999 Boyle Report), covering a revised pipeline
alignment corridor. The revised corridor relocated the Lake Nacimiento intake on the north side
of the reservoir, continued the pipeline easterly on the north side of the Nacimiento River before
crossing the river on Camp Roberts property. The pipeline corridor then continued south - easterly
through Camp Roberts, private land and public roads until it crossed to the east side of the
Salinas River near Wellsona Road. It then continued south along the east side of the Salinas
K
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 3
River on public roads and private land to the southern end of the City of Atascadero, where it re-
crossed the Salinas River to the west side and joined the original route proposed in the 1996
Carollo Draft report.
The 1999 Boyle Engineering Corp. report also located a water treatment plant (WTP), storage
facility and pump station on Camp Roberts' property, and a pump station and storage facility in
the vicinity of the Salinas River crossing at the south end of the City of Atascadero, and made
some suggested route and storage facility site changes in the vicinity of Santa Margarita. The
WTP would only be constructed as part of the Treated Water Option, which is not being
considered as part of these findings.
In April 2002, Carollo Engineers submitted the Nacimiento Project, EIR Preparation Phase
Engineering Report, Updated Draft (2002 Carollo Report). The Carollo Report incorporated the
1999 Boyle Report revised pipeline corridor and provided a detailed description and engineering
analysis of elements within the treated and raw water options.
The Final EIR for the Nacimiento Water Project that is the subject of this certification hearing
reflects the project as described in the 2002 Carollo Report and is summarized in the following
section.
The County of San Luis Obispo distributed a notice of preparation (NOP) for an EIR on June 2,
2001 to federal and state agencies, local responsible and trustee agencies, the State
Clearinghouse, organizations, and interested individuals. The comment period for the NOP
ended on July 1, 2001.
Distribution of the NOP assisted in the identification and determination of the full range and
scope of environmental issues of concern on the proposed project. Relevant environmental
issues were included in the EIR. Comments received during the NOP distribution and public
scoping meeting process were also addressed in the EIR. The Draft EIR was circulated for
public review on July 3, 2003. In compliance with CEQA guidelines, a public review period of
more than 45 days was provided for the Draft EIR, with the public comment period ending on
September 5, 2003.
A number of community meetings were held in around the county, sponsored by the
SLOFCWCD, to discuss the proposed project and potential environmental impacts. These
meetings were held in Paso Robles [July 29, 2003], Templeton [August 14, 2003], the City of
San Luis Obispo [August 19, 2003] and Atascadero [August 20, 2003].
The contents of the Draft EIR, the response to comments, and any other related attachments
including the Mitigation Monitoring Program comprise the Final EIR for the Nacimiento Water
Project. That document is incorporated into these findings by reference.
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 4
III. Summary Project Description
The EIR for the proposed NWP included two co -equal water delivery options that were
evaluated and compared equally throughout the EIR: a Treated Water Option and a Raw Water
Option. The proposed project is in response to SLO County's need for future water supplies and
to supplement existing groundwater sources. The proposed project would potentially supply up
to 16,200' acre feet per year (afy) of water to augment the existing water supplies in various
communities within SLO County.
The main objective of the proposed project is to provide a reliable supplemental water source for
a variety of uses within SLO County by supplementing the local ground and surface water
supplies with a new surface water source. The objective is also to increase reliability of water
deliveries, to improve water quality and to lessen the extent of future ground water pumping to
existing residents and provide sufficient supplies to support planning objectives in various
communities of SLO County. The objective of the proposed project is, therefore, to ensure better
management of water resources throughout the County.
The SLO County Flood Control and Water Conservation District has a 17,500 afy entitlement
from Lake Nacimiento per agreement executed in 1959 with Monterey County. Of this 17,500
afy, 16,200 afy is slated for this project and the remaining 1,300 afy is being reserved for local
lakeside use.
Fifteen (15) purveyors submitted their requests for Lake Nacimiento water. Of the 16,200 afy
available for the project, 13,575 afy is being requested; the remaining 2,625 afy is considered a
County -owned contingency capacity. Table 1 shows each purveyor allocation request and
requested peaking factor (percent of extra project capacity requested by the purveyor).
The proposed project includes two co -equal water delivery options that were evaluated and
compared throughout the EIR: Treated Water Option and Raw Water Option. Both options
include construction of the water intake at Lake Nacimiento, water storage tanks, pump stations
and a 64 -mile water transmission pipeline. The differences between the options are that the Raw
Water Option includes construction and operation of three water discharge facilities, and does
not include construction of a new Water Treatment. Plant (see Figure 1 for the route of the
pipeline and location of the proposed facilities). Construction and operation of these water
discharge facilities would be the responsibility of the purveyors benefiting from the water (Paso
Robles, Templeton, and Atascadero).
The raw water option was identified as the environmentally superior alternative in the Final EIR
and is the project being approved by the Board of Supervisors. These findings identify potential
impacts and mitigation measures associated with the proposed NWP Raw Water Option. Should
1 One acre foot equals 325,853 gallons.
0 0
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 5
Exhibit A
a Treated Water Option be pursued in the future, additional findings would need to be made by
the Board.
The various components of the raw water option are summarized in Table 2. The detailed
descriptions of the two proposed options are given in Section 2.0 of the Final EIR.
Table 1 Tentative Nacimiento Water Project Allocations
Water Puiveyor
Allocation-_
P Factor :._
.. - - - -. .. F1ow.Rate_
of °.:.
....:... % -.:. ".-
- -d
c£§:.
San Miguel CSD
610
10
0.60
0.93
Paso Robles City
4,000
30
4.64
7.18
CSD
250
30
0.29
0.45
-Templeton
Atascadero MWC
3,000
30
3.48
5.38
Santa Margarita Ranch
200
10
0.20
0.30
CSA 23 -Santa Margarita
100
30
0.12
0.19
San Luis Obispo C ty
3,380
10
3.32
5.14
San Luis Obispo
200
10
0.20
0.30
-Camp
San Luis CUSD -Morro Bay
55
10
0.05
0.08
CSA l0A Ca ucos
80
10
0.08
0.12
Lewis Pollard Trust -Ca cos
50
10
0.05
0.08
Morro Rock MWC-Cayucos
30
10
0.03
0.05
CSA 22-Airport Area
890
10
0.87
1.35
Fiero Lane WC-Airport Area
30
10
0.01
0.05
Edna Valle MWC-Airport Area
700
10
0.69
1.06
Subtotal
13,575
15.25
23.59
SLO County (Contingency)
2,625
10
2.57
3.98
Total
16,200
17.82
27.57
-Pipeline
Reserved or Lakeside use
1,300
NA
NA
NA
Total Allocation
17,500
Note: * Peaking factor is the percent of extra capacity requested by the purveyors to allow short term flows higher than the
average of their yearly allocation. For the purveyors that requested no peaking, 10% has been added to allow for system
downtime.
afy =acre feet per year; mgd= million gallons per day; cfs =cubic feet per second; MWC= Mutual Water Company;
CSD--Community Services District; CSA= County Service Area; SLO =San Luis Obispo; WC =Water Company;
NA =Not Applicable
Source: Carollo Engineers, EIR Preparation Phase Engineering Report, April 2002.
c
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 6
0
Table 2 Project Components es Related to the Raw Water Option
Component.
-- .. Res onsibili
Lake Nacimiento Intake Structure
SLO Count
Intake Pump Station
SLO Count
Camp Roberts Storage Tank Facility
SLO Count
Camp Roberts Pump Station
SLO Count
Pipeline
SLO Count
Rocky Canyon Storage Tank
SLO County
Happy Valley PS
SLO Count
Three Water Discharge Areas
Local Water Purveyors
Cuesta Tunnel Storage Tank
SLO Count
Local WTP Upgrades
Local Water Purveyors
Nore: PS =pump station; WTP =Water Treatment Plant.
Exhibit A
City of San Luis Obispo
Nacimiento Water Project
Page 7
CEQA FINDINGS
Figure 1 Location of Proposed Project — Raw Water Option
Lake Nacimiento Intake
Roberts
WTP
LEGENp
Recommended
Pipeline
Pump Station PIS
River Discharge —0
N
Reservoirs —�
u r I Connection to —x
San Exrst� System
Miguel Water Treatment 'JVTP
L� }e c Zy Turnout P� �
�. z
'irento
Gil, Salinas gver
Cross ng
Paso Robles 1 `L6'
Templeton
Rock
Rocky Canyon Road
Reserrorr end PIS
ResorvowDam
toWhale
%cayucos
Sailnas River
Crossing
Q
\`
Atascadero to
el bla
Morro Rock MWC
Pollard Trust
Pipeline
\L is
mw
v
Guests
Whale
Rock
ExisUgf Tunnef
Res
Pipeline
C Fts Piippeeline \ Manta
r-� n �o CIVIC argarrta
r F
San Luis
CUSD
.\ \y WTP � asw
`-
�� _ _ Tunnel
X San Luis
Camp San Obispo
Los Osos
Luis Obispo WrD
San Luis Obispo
Airport — Fiero Ln Wit Co
Area x
CSA� Edna valley
rnvC
Exhibit A
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 8
IV. The Record
The California Code of Regulations, Title 14, Section 15091 (b) requires that the City's findings
be supported by substantial evidence in the record. Accordingly, the Lead Agency's record
consists of the following, which are located at the County Planning and Building Department
Offices, San Luis Obispo, California:
• Documentary and oral evidence, testimony, and staff comments and responses received
and reviewed by the Lead Agency during informational workshops, public review, and
the public hearings on the project.
• The Nacimiento Water Project Final Environmental Impact Report.
• Reports and other written information, a comprehensive list of important documents in
the record. Some more recent and relevant studies include:
• List of intended project participants (see Exhibit A).
• Northwest Economic Associates, 2002. Economic Impacts of the Nacimiento Water Supply
Project. Prepared for the San Luis Obispo County Public Works Department.
• Carollo Engineers. 1993. Hydrogeology Study, Thunderbird Water Wells. Prepared
for City of El Paso de Robles Public Works Department. February.
• —. 1996. EIR Preparation Phase, Engineering Report, County of San Luis Obispo,
Nacimiento Water Supply Project. Prepared for San Luis Obispo County. Bakersfield,
CA. July.
• —. 1996a. Technical Memorandum No. 1, Initial Project Description, Nacimiento
Water Supply Project. Bakersfield, CA. March 29.
• —. 2002. EIR Preparation Phase Engineering Report, Nacimiento Project. Updated
Draft. Prepared for San Luis Obispo County. April.
• —. 2002. EIR Preparation Phase, Engineering Report, Nacimiento Water Supply
Project. Prepared for San Luis Obispo County.
• Cleath & Associates. Nacimiento Water Discharge and Recovery Concept, Draft
Feasibility Study, April, 1997.
• Boyle Engineering Corporation. 1991. Final Report Ground Water Basin Evaluation.
Prepared for the City of San Luis Obispo. January.
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 9
• —. 2002. Report. Nacimiento Reservoir – Reliability as a Water Source.
r
• Boyle Engineering Corporation and San Luis Obispo County Flood Control and
Water Conservation District. 2002. Report on Treatment of Lake Nacimiento
Water. 15p. June. Available from: Department of Planning and Building, San Luis
Obispo County Government Center, San Luis Obispo, CA.
• Fugro West, Inc. 2002. Paso Robles Groundwater Basin Study. Prepared for the San Luis
Obispo County Public Works Department.
• County of Monterey Water Resources Agency and U.S. Army Corps of Engineers.
2001. Draft Environmental Impact Report/Environmental Impact Statement for the
Salinas Valley Water Project.
• Ogden Environmental and Energy Services Co. Inc. 1997. Nacimiento Water Project,
Draft Environmental Impact Report (ED 92 -271). Prepared for SLO County. August.
Santa Barbara, CA.
• The application and supporting materials for the project submitted by the Department of
Public Works (the Applicant).
• Matters of common knowledge to the Lead Agency which it considers, such as:
1. The County General Plan, including the land use maps and elements thereof.
2. The text of the Land Use Element.
3. The California Environmental Quality Act (CEQA) and the state CEQA guidelines
implementing the act.
4. The County of San Luis Obispo Environmental Quality Act Guidelines.
5. Other formally adopted policies and ordinances of the County of San Luis Obispo.
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 10
V. The December 2003 Final Environmental Impact Report/Environmental
Impact Statement for the Nacimiento Water Project
The City Council of the City of San Luis Obispo makes the following findings with respect to
the December 2003 Final Environmental Impact Report for the Nacimiento Water Project SCH
#2001061022 (ED00 -060):
A. The City has considered the information contained in the December 2003 Final EIR for the
Nacimiento Water Project, the public comments and responses previously submitted, and the
public comments and information presented at the public hearings.
B. The City Council hereby finds and determines that implementation of the Nacimiento Water
Project may have a significant adverse effect on the environment.
C. The City Council hereby finds with respect to the adverse environmental impacts detailed in
the Final EIR:
That, based on information set forth in the Final EIR, the Findings of Fact, the list of
mitigation measures included in the Summary of Mitigation Measures (Section 9.0), the
City Council finds and determines that changes or alterations have been required in or
incorporated into the project which avoid or substantially lessen the adverse
environmental effects identified in the Final EIR. The organization of this section is as
follows, and reflects the organization of the December 2003 Final Environmental Impact
Report for the Nacimiento Water Project (FEIR)`.
5.1 Hydrology and Water Quality
5.2 Geology, Seismicity and Soils
5.3 Drainage, Erosion and Sedimentation
5.4 Air Quality
5.5 Noise
5.6 Hazards and Hazardous Materials
5.7 Biological Resources
5.8 Cultural and Paleontological Resources
5.9 Land Use
5.10 Utilities and Public Services
5.11 Transportation/Circulation
5.12 Aesthetics/Visual Resources
5.13 Agricultural Resources
5.14 Recreational Resources
5.15 Socioeconomic Resources
6.0 Environmental Justice
7.0 Growth Inducement
2 That, based on information set forth in the Final EIR and in the Findings of Fact, the
adverse environmental effects related to construction related air quality impacts and
O O
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 11
growth impacts associated with the Nacimiento Water Project are significant effects
which cannot be entirely mitigated or avoided if the project is approved and
implemented;
3 That no additional adverse impacts will have a significant effect or result in substantial or
potentially substantial adverse changes in the environment as a result of the Nacimiento
Water Project.
G. The City Council hereby finds and determines that:
1 All significant effects (except construction related air quality impacts and growth
inducement impacts) that can be feasibly avoided have been eliminated or substantially
lessened as determined through the findings set forth in Section VII;
2 The project design and development incorporates adequate measures to ensure protection
of significant archeological resources, biological resources, and visual and aesthetic
resources.
3 Based on the Final EIR, the Findings, and other documents in the record, specific
environmental, economic, social and other considerations make infeasible other project
alternatives identified in the Final EIR;
4 Based on the Final EIR, the Findings, and other documents in the record, the remaining
unavoidable significant environmental effects of the Nacimiento Water Project are
outweighed and overridden by the benefits of the project as described in the Statement of
Overriding Considerations.
5 Should the final design of the Nacimiento Water Project have the potential to result in
adverse environmental impacts that are not anticipated or addressed by the December
2003 Final EIR, subsequent environmental review shall be required in accordance with
CEQA Guidelines Section 15162(a).
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 12
VI. Statement of Overriding Considerations
The Final EIR has identified and discussed significant effects that will occur as a result of the
proposed project. With the implementation of the mitigation measures identified in the Final
EIR, these effects can be mitigated to a level of insignificance except for short-term construction
related air quality impacts and long -term growth inducement related impacts (see Section IX of
these findings for further discussion of potentially significant impacts associated with the
proposed project).
Having reduced the effects of the proposed project by adopting the other mitigation measures
and a program to monitor mitigation measures for certain project - related impacts, and having
balanced the benefits of the project against the project's unavoidable adverse impacts, the City
Council pursuant to CEQA Guidelines sections 15093 and 15092 hereby determines that the
benefits of the proposed project outweigh these potential unavoidable - adverse impacts based on
the following overriding considerations:
The proposed project will provide a reliable supplemental water source for a variety of uses
within SLO County by supplementing the local .ground and surface water supplies with a new
surface water source.
2. The project will increase reliability of water deliveries, improve water quality and lessen the
extent of future ground water pumping to existing residents and provide sufficient supplies to
support planning objectives in various communities of SLO County.
The proposed project will ensure better management of water resources throughout the
County.
4. The construction of the project will result in both short-term and Iona-term economic
benefits to the County of San Luis Obispo and its residents. The NWP would add about 0.5
percent to San Luis Obispo County output and employment during the four -year design and
construction period. The NWP would also increase sales taxes in the county by about
$2,200,000 over the four -year construction period. Over a period of 30 years, the net present
value of total economic output for the NWP would be $119,239,000 in 2003 dollars. The
large positive impacts during the first four of the 30 years would outweigh the discounted
value of the high face value of the bonds used to finance the project.
Water supply needs were anticipated in 1959 when the SLOFCWCD entered into agreements
with the Monterey County Water Resources Agency to appropriate 17,500 afy of water from
Lake Nacimiento. The County has engaged in more than a decade -long public process
involving hundreds of stakeholders to develop a project that will ensure efficient
management of the County's water resources. The NWP EIR evaluated a wide variety of
alternatives to the proposed project, including alternative project configurations and water
n
0
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 13
supplies. The result of this analysis is the finding that the Proposed Project — Raw Water
Option would best serve the needs of the County and project participants.
The City Council of the City of San Luis Obispo hereby determines that the specific overriding
economic, legal, social, technological, and other benefits of the proposed project described above
outweigh the.potential unavoidable adverse effects on the environment, and that the unavoidable
adverse effects are therefore acceptable based on the overriding considerations listed above.
O O
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 14
IMPACT ANALYSIS: Four categories of impacts are identified:
Class I. Class I impacts are significant and unavoidable. To approve a project resulting in
Class I impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that "... specific legal, technological, economic, social, or other
considerations make infeasible the mitigation measures or alternatives identified in the
EIR... ".
Class II. Class II impacts are significant but can be mitigated to a level of insignificance
by measures identified in this EIR and the project. description. When approving a project
with Class II impacts, the decision - makers must make findings that changes or
alternatives to the project have been incorporated that reduce the impacts to a less than
significant level.
Class III. Class III impacts are adverse but not significant.
Class IV. Beneficial impacts.
VII. Potential Environmental Effects Which Are Beneficial or Not Significant
The City Council has concluded that the following effects are not considered significant.
Hydrology and' Water Quality'
Impact
WQ.2
Increased turbidity impacts from construction work within the water bodies.
(FEIR page 5.1 -34)
Mitigation
None
Findings
Impacts are considered potentially adverse but less than significant (Class III).
Supportive Evidence: Temporary elevated turbidity at the lake bottom does not present a significant
adverse impact to water resources, and is not expected to be of a duration or magnitude that would
necessitate mitigation.
Impact
WQ.5
Impacts to groundwater from sea water intrusion in Salinas Basin. (FEIR page 5.1 -39)
Mitigation
None
Findings
Impacts are considered potentially adverse but less than significant (Class III).
Supportive Evidence: The reason there are reductions in conservation releases under NWP is due to the
historical use by MCWRA of NWP project water for this purpose. Mitigation for the reductions in
releases has been addressed by MCWRA through the Salinas Valley Water Project (SVWP).
Air Quality
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 15
Exhibit A
Impact AQ3
Increased emissions of toxic compounds due to the project could result in increased
health risks. (FEIR page 5.4 -17)
Mitigation
None additional
Findings
The residual health risk impact is considered adverse but not significant (Class III).
Supportive Evidence: Operation of the project involves emissions mostly due to gasoline powered
commuter vehicles of the project employees and is not expected to create health risks. Emergency
generators will only be large enough to provide backup power for facility instrumentation and will not be
capable of powering the pumps.
Construction equipment could generate exhaust that could cause health risks. Construction equipment
however would be moving along the pipeline route at an average rate of 200 -500 feet per day. Exposure
to exhaust of the construction equipment therefore would only be for short periods (2 -3 days) at any one
particular location or receptor.
enclosed to reduce noise levels to near ambient conditions. At the 60% design phase for
Impact AQ.4
Project Conformity with the Clean Air Act. (FEIR page 5.4 -19)
Mitigation
None
Findings
Residual impact is adverse but not significant (Class III).
Supportive Evidence: Analyses show that there are no current violations of the NAAQS in the areas
which are substantially affected by the proposed project.
be set below grade, i.e. in a basement in the noise - attenuating building, to further reduce
Impact AQ.5
Project Consistency with the County Clean Air Plan. (FEIR page 5.4 -20)
Mitigation
None
Findings
Residual impact is adverse but not significant (Class III).
Supportive Evidence: Because the 17,500 acre -foot per year entitlement was assumed in the County's
growth projections forecast, the proposed project would be consistent with assumptions in the CAP.
.. .. ...
Noise .
Impact N.2
Operations noise from pumps would increase long -term ambient noise levels. (FEIR page
5.5 -20)
Mitigation
N -5 Noise- generating equipment associated with operation of pump stations shall be
enclosed to reduce noise levels to near ambient conditions. At the 60% design phase for
each pump station, plans shall be reviewed by a qualified acoustical engineer to assure
that noise levels meet the standards of the County Noise Element.
N -6 If necessary to achieve the noise attenuation levels specified in N -5, pumps shall
be set below grade, i.e. in a basement in the noise - attenuating building, to further reduce
noise impacts.
Findings
The impact would be adverse but not significant (Class III).
O O
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 16
Supportive Evidence: The proposed noise - attenuating buildings would reduce the noise generated by the
pump operation. Pump operation noise would exceed noise thresholds by a small amount, so sound -
attenuating buildings would reduce noise levels below the significance criteria.
Hazards and Hazardous Materials
Impact
During construction of the proposed pipeline on the Camp Roberts property, unexploded
HM.1
military ordnance could be encountered, which could expose construction workers to
explosion hazards (FEIR page 5.6 -13).
Mitigation
None
Findings
The impact is considered to be adverse but not significant (Class III).
Supportive Evidence: Ordnance is fired into the dedicated area north of the Nacimiento River, while
construction of the water pipeline will enter the Camp at the west central portion and proceed towards the
southeastern boundary. The specific area where unexploded ordnance could be found is off limits to the
public, and the Camp's administration will provide training to the workers on the hazards of conducting
work at Camp Roberts. The workers would be required to report any suspected ordnance (pieces or
complete units) to the supervisor who will be required to notify the Camp Roberts Control officer. All
work would be required to be halted until it is determined that the suspect item is harmless, is removed or
made harmless by detonation in place.
Impact
Releases of hazardous or flammable materials during construction could pose risks of fire
HMA
or contamination (FEIR page 5.6 -19).
Mitigation
HM -5 The HazMat Contingency Plan shall outline response actions including (at a
minimum) clean -up and reporting procedures, clean-up equipment and supplies, and
personnel responsibilities. As part of the plan, the Contractor shall be required to store
fuels, oils, and other hazardous materials in sealed containers (tanks, cans or drums)
located in storage basins within designated staging areas. The storage basins shall be
located at a minimum distance of 25 feet from all naturallman-made drainages or surface
water bodies and should be lined and surrounded by protective dikes or other types of
secondary containment to provide sufficient volume to contain any spills.
HM -6 The HazMat Contingency Plan shall state that the Contractor shall provide for
the implementation of traffic control and site control (i.e., access, fencing, drainage) to
reduce the potential for accidents to occur. Fire extinguishers should be stationed in all
vehicles and at strategic locations onsite.
HM -7 The HazMat Contingency Plan shall state that the Contractor shall be required
to conduct routine inspection and maintenance of construction vehicles and equipment.
Findings
With the mitigation measures, risks due to potential releases of hazardous materials
during construction would be adverse but not significant (Class III).
Supportive Evidence: Cal/OSHA requires construction projects to implement safe hazardous material
handling and storage, transfer (e.g., refueling), and maintenance (e.g., oil changes, washing). Projects are
required to have designated staging/maintenance areas, standard operating rocedures, and emergency
o
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 17
Exhibit A
response planning. Several staging areas are planned along the pipeline route; the construction teams are
required to use these areas for storage of machinery and fuels and for refueling. The Applicant will be
required to comply with Cal/OSHA requirements.
Mitigation
None
Impact
Contaminated materials in the soil could enter into the pipeline expose water users to
HMS
contamination and pose health risks (FEIR page 5.6 -20).
Mitigation
None
Findings
Impact would be considered adverse but nonsignificant (Class III).
Supportive Evidence: The pipeline would be installed in accordance with the State of California Health
and Safety Code (CCR Title 22, Section 64630) that mandates minimum distances between potable water
and sewer pipelines; and requires maintaining a minimum pressure in potable water lines; and disinfection
of water after loss of pressure in a pipeline. It is a part of the proposed project to install concrete
protective casing around the proposed pipeline where it would cross with sewer lines or other
significantly contaminated soils.
During the pipeline installation, areas where sewer pipelines are in the vicinity of the pipeline route would
be identified in detail. Any encountered contaminated soil would be excavated and disposed of as
required in all applicable regulations.
Impact
Accidental release of large quantities of treated water into a fresh water body could be
HM.7
harmful to the organisms in the water body (FEIR page 5.6 -25).
Mitigation
HM -11 The Applicant shall make provisions to test the proposed pipeline with water
that has not been disinfected (no chemicals that have a potential to harm aquatic
organisms have been added) and to determine a way of safely disposing of the test water.
Findings
The impact would be adverse but not significant (Class III).
Supportive Evidence: Based on the EUB historical pipeline failure rates, the probability of a catastrophic
pipeline failure has been estimated to be 4.8 x 10-5 per mile annually. For the 64 mile NWP pipeline, this
would result in an annual catastrophic spill probability of 3.1 x 10-3, or approximately 0.31 spills over an
assumed 100 -year operating period. Therefore, it is likely that the pipeline will not experience a
catastrophic spill over the life of the project assuming the pipeline is properly designed, constructed,
inspected and maintained.
Biological Resources .
Impact BR.6
Impacts to aquatic life from treated water spills in case the treated water pipeline ruptures
during operational phase of the project (FEIR page 5.7 -37).
Mitigation
None
Findings
Residual impacts are adverse but not significant (Class III).
Supportive Evidence: As stated in the discussion to Impact HM.7 in Section 5.6, Hazards and Hazardous
Materials, a treated water pipeline rupture is unlikely. Also, chlorine residual in the treated water is
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 18
Exhibit A
quickly depleted if the treated water is exposed to the atmosphere, sunlight or chemicals contained in soil.
If the treated water were released not directly into a water body, the chlorine residual would be quickly
reduced to harmless concentration that would not impact water organisms.
and important geology resources (FEIR page 5.8 -68).
Impact BR.7
Impacts to fish in Lake Nacimiento due to pumping through the water intake during
Findings
operational phase of the project (FEIR page 5.7 -38).
Mitigation
None
Findings
Residual impacts are adverse but not significant (Class III).
Supportive Evidence: The Intake structure design incorporates standard design features to prevent fish
entrapment (fish screens).
County Planning and Building Department, County Govermnent Center, San Luis Obispo, California.
Impact BR.8
Impacts to fisheries during operational phase of the proposed project (FEIR page 5.7 -38).
Mitigation
The Salinas Valley Water Project (SVWP) addressed under cumulative projects would
provide mitigation for the reductions in water releases from Nacimiento dam through
controlled operation of the dam. No additional mitigation is necessary.
Findings
Residual impacts are adverse but not significant (Class III).
Supportive Evidence: Operation of the Nacimiento dam and controlled water releases would take into
consideration the water intake that will be done by the proposed NWP. It has been found in the SVWP
EIR that the re- operation of the Nacimiento dam would not significantly impact fisheries downstream
from Nacimiento DarrL The controlled operation of the dam would result in controlled water releases and
in turn would allow hydrology downstream from the Nacimiento dam to be less affected by the drought
periods or by the water intake by the proposed project. The anticipated changes due to the project water
intake do not appear likely to substantially alter habitat conditions for either native fishes or introduced
warm water fishes downstream of the Dam. There should be no change in the availability of the "put in
and take out" trout fishery to anglers on Camp Roberts.
Cultural and Paleontological Resources .
Impact CR.2
Soil moving construction activities (e.g., trenching, excavating) could impact significant
and important geology resources (FEIR page 5.8 -68).
Mitigation
None
Findings
Residual impacts would be adverse but not significant (Class III).
Supportive Evidence: Two technical reports on cultural and paleontological resources of the project site
have been prepared by Gibson's Archaeological Consulting (Inventory of Prehistoric, Historic,
Paleontology, Geomorphology and Geological Resources for the Nacimiento Water Supply Pipeline
Project, San Luis Obispo County, CA, November 1996 and January 30, 2003). These reports are herein
incorporated by reference and because of the confidential nature of the information, may be reviewed by
qualified persons on a "need -to- know" basis at the Environmental Division of the San Luis Obispo
County Planning and Building Department, County Govermnent Center, San Luis Obispo, California.
O
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 19
O
J
Exhibit A
These reports identify all geological, cultural, paleontological and archaeological existing and potential
resources that are in proximity to the proposed project sites. All geological resources are sufficiently far
from the project sites that significant impacts are not expected.
Impact UP.1
Impacts to Water Services during construction (FEIR page 5.10 -8)
Impact CRS
Soil moving construction activities (e.g., trenching, excavating) could impact significant
and important historical cultural resources (FEIR page 5.8 -80).
Mitigation
None
Findings
Residual impacts would be adverse but not significant (Class III).
Supportive Evidence: see discussion above for Impact CR.2
Utilities and Public Services
Impact UP.1
Impacts to Water Services during construction (FEIR page 5.10 -8)
Mitigation
UP -1 To mitigate potential adverse impacts to potable water supplies due to short-term
use during construction, all contractors should use (maximally as feasible) non - potable
water sources for dust mitigation and other non - drinking purposes.
Findings
After implementation of the proposed mitigation measure the residual impact is
considered to be adverse but not significant (Class IIl).
Supportive Evidence: It is estimated that water would be required for application to approximately 800
acres of construction area assuming a worst -case scenario of a 100 -foot construction corridor for a 65-
mile pipeline and some auxiliary facilities. This impact would be short-term, occurring only during the
construction phase; however, the water supplies within the County are finite and demand is nearing the
limits. The project's water use would represent an adverse impact to potable water supplies if potable
water was used, because if this mitigation is proposed, which would encourage use of non - potable water
for the project construction.
Impact UP.2
Impacts to Water Services during operation (FEIR page 5.10 -8).
Mitigation
None
Findings
This is a beneficial impact (Class IV).
Supportive Evidence: Operation of the Nacimiento water system would result in a net increase of water
supply in SLO County. Reliability of water supply in the region would be improved due to the project —
additional reliable water source would be available from Lake Nacimiento, as identified in Engineering
Report for the project (Carollo Engineers 2002).
Impact UP3
Impacts to Energy Resources (FEIR page 5.10 -9).
Mitigation
None
Findings
Impact is not significant (Class III).
r�
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 20
Exhibit A
Supportive Evidence: The total fuel consumption for the construction of the proposed project cannot be
accurately estimated at this time. However, the proposed facilities are relatively small, the construction
phase is temporary, and diesel and gasoline are readily available fuels.
Annual energy use at the three pump stations was estimated at approximately 7.1 million kilowatt hoursZ
(kWh), for a total maximum of 21 million kWh/yr. These estimates area worst -case scenario of 100%
horsepower efficiency operating 24 hours per day minus 10% downtime. During normal operations, these
facilities would not operate at this capacity. The worst case estimate is less than 2% of all electricity
consumed in SLO County.
Due to the difference in water level in the Camp Roberts storage tanks and other elevation differences
along the pipeline, an energy recovery system could be used by means of converting hydraulic energy to
electricity or directly driving the equipment (Boyle 2002). The water conveyance system is designed in a
way that utilizes high elevations whenever possible to increase the hydraulic gradient (i.e., pressure head),
or decrease the amount of energy used by the pumps. In addition, it is not imperative for the water supply
or water users that the water system remains operational during electricity use peak hours, and therefore
the project would not impact peak hours electricity use.
MCWRA owns and operates a hydroelectric facility located downstream of Nacimiento Dam. The power
generated at the facility is sold to PG &E in the amount of up to four megawatts. The minimum flow rate
required to operate the facility would be 25 cubic feet per second (cfs) (Ogden 1997). If water levels were
to drop below 25 cfs, the hydroelectric facility would be unable to operate. The hydroelectric facility
generates only a very small fraction of power available to PG &E, and non - operation of the facility would
be expected during drought even without the proposed project.
Impact UPS
Impacts to law enforcement (FEIR page 5.10 -12).
Mitigation
None
Findings
Impact is insignificant (Class III).
Supportive Evidence: The proposed pipeline route is almost entirely within the jurisdiction of SLO
County's Sheriff s Department. Construction activities associated with installation of the pipeline would
increase the need for additional patrols, primarily due to increased traffic congestion during pipeline
construction. According to the Nacimiento Area Plan, portions of area roadways become dangerously
congested during peak use (e.g., summer holiday weekends), however SLO County's Sheriffs
Department has adequate personnel to accommodate increased patrols on a short-term basis, and therefore
the impact would be insignificant.
Operation of the proposed facilities would not require additional law enforcement services beyond normal
patrolling, therefore impact would be insignificant.
Impact UP.6
Impacts to Waste Disposal Services (FEIR page 5.10 -12).
Mitigation
None
z Boyle Engineers Report (Boyle 2002) estimated that the WTP and the WTP pump station would have a load of
approximately 2,000 kW, with less than 1,000 kW for each of the other two pump stations .
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 21
Exhibit A
Findings
Impact is insignificant (Class III).
Supportive Evidence: During construction, the proposed project would generate waste asphalt and
concrete pavement, soil and, possibly, sand spoils due to the trenching and grading involved in pipeline
and facility construction. It has been estimated (Carollo Engineers 2002) that approximately 0.02 to 0.26
cubic yards of soil, waste pavement and other groundcover materials per foot of pipe would be spoil (a
total of approximately 45-60 thousand cubic yards for a 65 -mile pipeline). Construction of other facilities
(e.g., water intake, micro- tunnels, pump stations and water storage tanks) would generate additional spoil
and waste materials.
During construction in open spaces, the Applicant would balance cut and fill material onsite (i.e., cut soil
would be used as backfill) to reduce spoil as much as possible. Any resulting spoil material could be
spread evenly over the easement (this would represent one to two inches of cover over the permanent
easement), or used as fill material for other projects in the area (typically a commercial or a residential
site that needs fill material). Where possible, concrete and asphalt pavement and other waste will be
recycled. In the unlikely event that no commercial or residential sites are found to dispose of the
materials, the material would be taken to the nearest landfill. Analysis of the Class III landfills in the
vicinity of the proposed project indicates that there is sufficient capacity to accommodate waste generated
by construction. If the amount of spoils is above 50 cubic yards, the County Building Department requires
the contractor to have an approved disposal site prior to issuance of a grading permit. The Applicant
would obtain all required permits needed for proper disposal.
If hazardous materials were uncovered during construction, these would need to be disposed off at a
facility that is permitted to receive hazardous wastes. Analysis of the three Class I and II waste disposal
facilities indicated that they have sufficient capacity to accommodate contaminated soils and other
industrial hazardous waste generated by the project. The proposed project is designed and required to
comply with Federal, State, and local statutes and regulations related to solid waste.
Impact UP.7
Impacts to school facilities (FEIR page 5.10 -14).
Mitigation
None
Findings
Impacts are insignificant (Class III).
Supportive Evidence: The project would create nine or fewer permanent employees, no direct impacts to
school facilities would occur as a consequence of operating the proposed project. The proposed project
could contribute to increased demands on school facilities in the county assuming the expanded water
supply accommodates planned growth. Every SLO County school district scheduled to receive water from
the proposed project currently lists its capacity and enrollment conditions as moderate to severe (see FEIR
Section 7, Growth Inducement).
Impact UP.8
Impacts to roads and road maintenance (FEIR page 5.10 -14).
Mitigation
None
Findings
Impacts are insignificant (Class III).
Supportive Evidence: According to the project description, the Applicant will restore the affected roads
to the pre-project or better conditions. Additional use of roads during operation of the proposed facilities
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 22
(10-12 vehicles per day) would be small.
N
Exhibit A
Transportation. and Circulation
Impact T.5
Pedestrian circulation would be affected by project activities if pedestrians are unable to
pass through a construction zone (FEIR page 5.11 -19).
Mitigation
Implement mitigation measure T -2.
T -11 The Applicant shall designate alternative routes, accessible to disabled persons,
when construction activities obstruct pedestrian routes.
T -12 At locations where trenching activities cross sidewalks or other established
pedestrian routes, plating shall be provided to maintain access to these routes.
Findings
The impact would be considered adverse but not significant (Class III).
Supportive Evidence: Most of the streets affected by the proposed pipeline route do not bear heavy
pedestrian traffic, but the sidewalk closures on El Camino Real in Santa Margarita and Highland Drive,
Patricia Drive, Foothill Road, and Prado Road may inconvenience pedestrians. At least one sidewalk
would be available on these streets however, and construction would be temporary, and short term at any
one location.
Impact T.7
Operation of pump stations and pipeline would add truck traffic on local roads (FEIR
page 5.11 -20).
Mitigation
None
Findings
The impact caused by a small increase in roadway traffic resulting from increased truck
transportation would be considered adverse but not significant (Class III).
Supportive Evidence: As estimated from the Engineering report for the project (Carollo Engineers 2002),
daily staffing would include several employees. Pump station maintenance traffic would be one vehicle per
day. In total, operational traffic would add to local road traffic by daily average of 46 one -way vehicle
trips and highway traffic by as many as 138 one -way vehicle trips, which would not change the LOS of
any roadways.
Aesthetics/Visuil Resources
77-77
Impact VR.2
Visual impacts due to long -term presence of Camp Roberts storage tanks and pump
station (FEIR page 5.12 -16).
Mitigation
VR -4 The tanks shall be a neutral or dark, non - contrasting color, and landscape
screening shall be provided. Landscaping shall be provided in accordance with Section
22.04.186 of the San Luis Obispo County Land Use Ordinance and shall provide
vegetation that will adequately screen the facilities. Landscape material must be
consistent with the surrounding area, shown to do well in existing soils and conditions,
be fast - growing, evergreen and drought tolerant. Shape and size of landscape material
shall be in scale with proposed tanks and surrounding native vegetation. Plans shall show
how plants will be watered and what watering schedule will be applied to ensure
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 23
Exhibit A
successful and vigorous growth.
Findings
The impact would be considered adverse but not significant (Class IIn.
Supportive Evidence: During the survey of the area where the Camp Roberts facilities would be located,
it was determined that there are no public locations from where the storage tanks or other structures could
be seen. This is because the proposed site is screened from any public views by hills and vegetation. The
paved access road to the site would be seen from Generals Road (within Camp Roberts) and from San
Marcos Road, which is a public roadway. These roads are not heavily traveled, and the majority of the
travelers are local residents and Camp Roberts personnel.
Impact VR3
Visual impacts due,to long -term presence of Salinas River suspended pipe crossing
(FEIR page 5.12 -16).
Mitigation
VR -5 The perimeter of the suspended pipe crossing structural support shall be
concealed using vegetation that is compatible with the surrounding area.
Findings
The impact would be insignificant (Class III).
Supportive Evidence: Area surveys indicated that tall trees and thick brush of the river channel would
screen the suspended pipe crossing structure across Salinas River from public views from Highway 101,
the railroad and other roads on the west side of the pipe crossing. The river crossing will be visible from
North River Road as was shown through visual simulation done in the FEIR. This rural road is used
mainly by local residents, and is not designated as scenic.
Impact VR.6
Visual impacts due to long -tetra presence of Cuesta Tunnel Storage Tank (FEIR page
5.12 -23).
Mitigation
Mitigation measure VR -9 shall be implemented.
VR -12 The tank shall be a neutral or dark, non - contrasting color, and landscape
screening shall be provided. Landscaping shall be provided in accordance with Section
22.04.186 of the San Luis Obispo County Land Use Ordinance and shall provide
vegetation that will adequately screen the facilities. Landscape material must be
consistent with the surrounding area, shown to do well in existing soils and conditions,
be fast - growing, evergreen and drought tolerant. Shape and size of landscape material
shall be in scale with proposed tank and surrounding native vegetation. Plans shall show
how plants will be watered and what watering schedule will be applied to ensure
successful and vigorous growth. During construction, the Applicant's contractor shall
preserve as much of the existing vegetation (trees and shrubbery) as feasible.
Findings
The impact of Cuesta Tunnel storage tank is adverse but not significant (Class III).
Supportive Evidence: The visual quality of the Cuesta Grade area, while somewhat diminished from a
pristine natural state, still maintains a relatively high visual quality since the visual impact of these man-
made activities are relatively small compared to the overall scale of the grade and the natural features
(from visual surveys).
The sensitivity to visual impact is also considered relatively high because motorists traveling Highway
101 see Cuesta Grade as the major visual separation between the north and south portions of SLO
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 24
0
Exhibit A
County. It is a visual reference and a landmark area within the county. According to CalTrans there are
some 30,000 vehicles with approximately 45,000 viewers traveling Highway 101 each day. In the
summer there are more vacationers with higher sensitivities to the visual quality of the area.
The Cuesta Tunnel Storage Tank would be 122 feet in diameter, with a height of approximately 22 feet
(Carollo Engineers 2002). The tank would be seen from a narrow gravel road that leads to the entry of the
Cuesta Tunnel (determined through visual simulations done for the FEIR). Usually this road is not used
by the general public.
During the area survey it has been determined that only small portions of the storage tank could be visible
to the travelers on Highway 101, because it is screened by topography and vegetation (as was determined
through visual simulation done for the FEIR). The travelers would be viewing the area from Highway 101
at fairly high speeds, so the viewing time would be very short and in most instances the tank would be
unnoticeable.
Impact VR.7
Visual impacts due to long -term presence of turnouts and air release valves (FEIR page
5.12 -24).
Mitigation
None
Findings
The visual impact is adverse but not significant (Class III).
Supportive Evidence: The aboveground portion of an air valve is a valve protection structure that is
typically visually very small: 3 -3.5 feet tall by 1.5 -2 feet in diameter, and is typically protected from a
vehicle impact by short poles.
Impact VR.8
Visual impacts due to change in the Lake Nacimiento water levels resulting from the
release of additional water (FEIR page 5.12 -24).
Mitigation
None
Findings
The visual impact is adverse but not significant (Class III).
Supportive Evidence: The proposed project would result in more water (16,200 afy) released from Lake
Nacimiento than under current conditions. The level of the reservoir on average would be expected to be
lower than historical levels. Computer simulations of the reservoir level have been conducted (Boyle
2002), and it has been demonstrated that the proposed project would influence the reservoir level only
slightly —during wet or average seasons the reservoir level would be lower than historical by less than 2
feet. During extreme drought, water levels would be lowered by as much as 8 -12 feet due to the project,
however extreme drought is a rare event.
Under normal operating conditions, water levels in the reservoir fluctuate considerably depending on the
season, with annual lake level difference as much as 60-70 feet on average, and more than 100 feet
during several years.
Impact VR.9
Visual impacts due to long -term presence of river discharge facilities (FEIR page 5.12-
28).
Mitigation
Measure VR -9 shall be implemented. No other mitigation is necessary.
City of San Luis Obispo CEQA FINDINGS Exhibit A.
Nacimiento Water Project
Page 25
Findings I The visual impact is adverse but not significant (Class III).
Supportive Evidence: The Raw Water Option also includes three water discharge facilities: Paso Robles,
Templeton, and Atascadero. The river discharge ponds would be contained by two -foot high berms. There
would be a pipe manifold with a valve on each pond influent pipe and a meter on the main influent line,
however all the associated structures would be low to the ground. The area required for these ponds is 3.5
acres for Paso Robles, 0.2 acres for Templeton, and 2.7 acres for Atascadero, with a 30 -foot road around
each discharge site (Carollo Engineers 2002).
All three discharge facilities would involve no significant structures. The Paso Robles discharge site
would be located away from any major public roads. Templeton and.Atascadero discharge site could be
visible to the travelers using the Union Pacific Railroad; however, due to few visible structures, and
presence of vegetation in the river estuary.
Recreational Resources
Impact
The partial relocation of a log boom 500 feet from the intake location would prohibit all
RECA
recreational activity on approximately 2 additional acres of lake surface area (FEIR page
5.14 -15).
Mitigation
None
Findings
Because of the small percentage of surface area potentially excluded from recreational
activities, recreation impacts due to the installation of a log boom 500 feet from the
intake location are adverse but not significant (Class Ill).
Supportive Evidence: Assembly Bill 1460, approved September 28, 1997, authorizes recreational
activity in which there can be bodily contact with the water in Lake Nacimiento, in accordance with
certain requirements. These requirements include protection of the water supply by providing a closed
zone, 500 feet from the intake location, within which all recreational use is prohibited. This area would
be marked with buoys and a cable line to prevent boats from entering the closed area. The shoreline
extending 500 feet on either side of the intake would be closed to entry by fencing, posting notices, and
security patrols.
The current location of the log boom prohibits recreational uses on approximately 25 acres of lake surface
area. Partial relocation of the log boom 500 feet from the intake location would result in a recreational
loss of approximately 2 additional acres of lake surface area in which no boating, fishing, or swimming
could occur (SLO County, 2003). Average historic elevations at Lake Nacimiento from 1958 to 2001
were approximately 752 -feet, which is the equivalent to lake surface area of approximately 3,458- acres.
Two acres represents less than 0.06% of the total average lake surface area available for recreation..
Impact
Implementation of the proposed project could result in adverse impacts to recreational
REC.2
resources at Lake Nacimiento, as compared to historic conditions, due to the additional
lowering of water levels to elevations below 748 feet during periods of drought (FEIR
page 5.14 -16).
Mitigation
None
Findings
Due to the insignificant increase in the number of days that lake level elevations dropped
O O
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 26
below the 748 -foot threshold during the peak recreation season, recreation impacts
associated with the proposed project's delivery schedule and subsequent lowering of lake
level elevations are adverse but not significant (Class III).
Supportive Evidence: In a study entitled, Nacimiento Reservoir — Reliability As a Water Source for San
Luis Obispo County (Boyle 2002), Boyle Engineering Corporation prepared a computer model,
forecasting theoretical drawdown effects with the proposed project using data for the period of October
1958 to October 2001. This data is used to illustrate and compare what effects the proposed project might
have had on historic lake level fluctuations; in other words, if SLO County had taken its entitlement of
17,500 afy for the time period starting in 1958 through October of 2001.
The 2002 study developed assumptions based on historical reservoir operation patterns. Annually,
Monterey County releases more than 230,000 afy from Lake Nacimiento in order to recharge downstream
aquifers. Examination of the historical Nacimiento River gage data shows reservoir releases typically
occur during the summer months. Using this data, Boyle Engineering evaluated the potential impacts that
would have occurred to historic reservoir levels had the bulk of the SLO County water entitlement been
released during the summer months. It was assumed that the full 16,200 of would be removed from Lake
Nacimiento by the proposed project on the following seasonally adjusted delivery schedule (refer to Table
below).
Proposed Project Seasonal Delive Schedule
Source: Nacimiento Reservoir- Reliability as a Water Source for San Luis Obispo County 2002.
A similar study, entitled Reliability Evaluation for the Nacimiento Water Supply Project, was released in
1996 based on the previous Nacimiento Water Project design. The 1996 study used a smaller sample size
and was based on different computer models with different assumptions and a different reservoir release
schedule; consequently, it would not be appropriate to directly compare the results of these two studies.
The 2002 theoretical lake level model indicates that during wet and average rainfall periods, water
deliveries associated with the proposed project would have resulted in water level differences of 2 feet or
less. During periods of sustained drought conditions, the proposed project would result in lake elevation
decreases of up to 12 feet. However, it should be noted that during severe drought years lake level
decreases would be limited by the minimum pool elevation where NWP water deliveries would be
suspended.
.Mouth % of Entitlement
January 7.4
February 7.5
March 7.5
April 7.5
May 8.5
June 7.5
Jul 11.6
August 9.5
September
8.5
October
8.5
November
7.5
December
8.5
Total
100
C O
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 27
Figure 5.144 contained in the FEIR (page 5.14 -19) shows the impact of the proposed project on historic
lake levels. Historical lake levels were summarized by Boyle Engineering (2002) and have shown that, in
196 months of 517 months, or approximately 38% of the time, lake elevations dropped to 748 feet or
below (refer to Section 5.14.3 for discussion of significance criteria). Assuming implementation of the
proposed project, 200 months of 517 months or 4 additional months during a 41 -year period, lake
elevations would be reduced to elevations of 748 feet or below. This represents an approximately 0.75%
increase in the number of months that lake level elevations dropped below the 748 -foot threshold.
Looking at a smaller sample size of only those months during the peak recreation season (May 1—
September 30) yields the following results (refer to Table below):
Under the existing setting, 2,241 days out of 6,426 days during the entire 41 -year study period, lake
elevations dropped to 748 feet or below during the peak recreation seasons.
Lake elevations dropped to 748 feet or below, during the peak recreation season, an average of 54.7 days.
Assuming implementation of the proposed project, 2,253 days out of 6,426 days during the entire 41 -year
study period, lake elevations would have dropped to 748 feet or below during the peak recreations
seasons.
Existing Conditions/Proposed Project as Compared to Significance Criteria
.._ ---- - ____
Historical`
. _Conditions_
. Historical Conditions
.. wLPro osed Project .
Increase/'
Difference
Total Number of Days in Study Period'
6426
6426
N/A
Total Number of Days With Elevations At or Below
748 -feet
2241
2253
12
Yearly Average Number of Days With Elevations At
or Below 748 -feet b
54.7
55.0
0.3
Significance Criteria (days)
N/A
60.5
5.5
Notes:
'October 1958 through October 2001, days during the peak recreation season (May l —September 30) only.
b Days during the peak recreation season (May 1- September 30).
Source: Nacimiento Reservoir — Reliability as a Water Source for San Luis Obispo County 2002.
Had the proposed project been implemented, lake elevations would have dropped to 748 feet or below
during the peak recreation season an average of 55.0 days.
This represents an approximate 0.3 -day increase in the average number of days lake levels would have
reached elevations of 748 feet or below, well below the significance criteria of 5.5 additional days.
Although the proposed project would have increased the number of times that lake levels at Lake
Nacimiento were below 748 feet from a historical standpoint, the lake levels would not have dropped
below the 748 -foot threshold by an additional 5.5 days or more (for a total of 60.5 days or greater) during
the peak recreation season.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 28
C
Exhibit A
Socioeconomic Resources
Impact SE.1
Water pipeline construction activities located within the road ROWs near business
centers (Paso Robles, Santa Margarita, and San Luis Obispo) have the potential to cause
adverse impacts to industries located within and adjacent to project areas by impeding
standard business practices. The majority of businesses that would be affected for the
short-term are those located within or adjacent to construction areas on North River
Road, El Camino Real in Santa Margarita, at the intersection of Dalidio Drive and
Madonna Road, along Dalidio Drive, Prado Road extension, and Highway 227. These
businesses may experience short -term impedance to business caused by road closures in
front of businesses, some difficulties accessing storefronts, and nuisance to patrons from
construction activities. This impedance to business would average one to two days during
construction (based on construction of 50 to 100 feet of pipeline per day) (FEIR page
5.15 -21).
Mitigation
Traffic mitigations T -1, T -2, T -3, T -7, T -8, T -1 I and T -12 found in Section 5.11 are
adequate to address these adverse impacts.
Findings
Implementation of the above mitigation measures will result in socioeconomic resource
impacts that would be considered less than significant (Class III).
Supportive Evidence: There are various industries and retail businesses located along the proposed
pipeline corridor as determined through area surveys. Many of these sites would only require temporary
access during periods of construction, resulting in short-term, adverse but mitigable impacts to land uses
if business practices are impeded or if construction activities are incompatible with existing practices.
Construction activities located within and adjacent to urban road ROWS may cause disruption to standard
business practices in several different ways, including impeding access to store fronts and creating
construction zones, which may give the appearance of businesses being closed. In addition, construction
equipment located onsite has the potential to occupy space normally utilized by industry vehicles and
working operations.
Impact SE.2
Implementation of the proposed project would result in insignificant adverse impacts to
businesses that rely on tourism/recreational activities at Lake Nacimiento, as compared to
historic conditions, due to the additional lowering of water levels to elevations below 748
feet (FEIR page 5.15 -22).
Mitigation
None
Findings
Due to the insignificant increase in the number of days that lake level elevations dropped
below the 748 -foot threshold during the peak recreation season, socioeconomic impacts
associated with the proposed project's delivery schedule and subsequent lowering of lake
level elevations are adverse but not significant (Class III).
Supportive Evidence: There are three businesses in the Lake Nacimiento area that have goods and
services; these are the Lake Nacimiento Resort that has a restaurant, motel, convenience store and boat
rentals, Bee Rock Store and Al's Boat Repair. Residents of the Lake Nacimiento Area must shop outside
the area for the majority of their goods and services.
The urban community nearest Lake Nacimiento is the City of Paso Robles, located within the Salinas
River planning area and within Census Tract 102. Census Tracts 100, 101, 102, and northern SLO Count
O O
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project.
Page 29
as a whole utilize Paso Robles as the regional market center.
There are several businesses within Paso Robles that serve Lake Nacimiento visitors through the peak
recreation season. These include various marine shops, service stations, grocery and convenience stores,
restaurants, and hotels. Taxable sales data for businesses within the Paso Robles area was acquired from
the State Board of Equalization. Figures 5.15 -5 through 5.15 -9 (see FEIR pages 5.15 -23 through 5.15 -27,
these figures appear in California State Board of Equalization, Taxable Sales in California (Sales and Use
Tax), 1980 -2000. Hardan and C. Alakel 2002) depict the relationship between retail sales of various
commodities traditionally associated with lake usage and historic lake level elevations.
Figures 5.15 -5 through 5.15 -9 (see FEIR pages 5.15 -23 through 5.15 -27) show retail sales and boat sales
countywide, as compared to historic lake level elevations. Historic lake level elevation was chosen for
comparison because, as shown in Figure 5.15 -4, there appears to be a general trend that suggests
visitation decreases as lake levels decrease.
Analysis of Figures 5.15 -5 through 5.15 -9 (see FEIR pages 5.15 -23 through 5.15 -27) indicates that while
businesses located within Paso Robles provide services to Lake Nacimiento visitors, they do not rely
solely on recreation users for their income. This is particularly evident in the years 1989 through 1991
when Lake Nacimiento reported record low levels while, conversely, retail sales in the Paso Robles area,
in many instances, peaked. This helps to show that a variety of factors, other than lake levels and visitor
usage of Lake Nacimiento, contribute to the economic health of the study area. Paso Robles is a regional
market as well as a visitor destination point for visitors drawn to the area because of the numerous
wineries and wine festivals in the area. Paso Robles also hosts the Mid -State Fair, which draws a
substantial number of tourists during the month of August. The Mid -State Fairgrounds also hosts annual
events such as mineral and gun shows, stock shows and sales, home fairs and other events that draw
visitors statewide. Paso Robles also serves travelers along the U.S. Highway 101 corridor, which services
a steady flow of peak season highway travelers.
Unlike the community of Paso Robles and SLO County as a whole, the communities immediately
surrounding Lake Nacimiento may be more directly influenced by water management activities. Taxable
sales data for the businesses within Census Tract 100 (Lake Nacimiento environs), specifically, were not
available from the State Board of Equalization due to confidentiality restrictions that require a minimum
number of businesses to be present in order to report data. Consequently, the relationship between taxable
sales in those businesses immediately surrounding Lake Nacimiento and historic lake level elevations is
not analyzed. The businesses in the communities immediately surrounding Lake Nacimiento area are
confined to a very few scattered retail establishments (including but not limited to Al's Marine and Bee
Rock Store) in addition to the Lake Nacimiento Resort.
These commercial activities are mostly visitor serving, and are oriented toward peak use periods, relying
directly on Lake Nacimiento tourism revenue from recreational activities. A reduction in recreational uses
at Lake Nacimiento could result in long -term socioeconomic effects to these establishments. Despite
potential setbacks, businesses could recover in the long run by shifting their target market and catering
more to permanent residents and travelers who are visiting the area for purposes other than lake
recreation. Bee Rock Store traditionally shifts its goods and services to local residents during the winter
months when tourism is slow, and gears sales towards tourism in the summer months. Al's Marine
provides a variety of services that would cater to year round residents as well as tourism. Normally, boat
sales and repair occur near a visitor's home as opposed to their destination, due to a variety of factors
including convenience, the location of various boating manufacturers near urban centers and large
recreational areas (e.g., southern California coastal areas and the San Francisco Bay area). Lake
Nacimiento Resort was unavailable for comment. However, it is apparent from observed spring weekday
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 30
Exhibit A
usage, when only the store was open and use was extremely low, that the resort is a seasonal facility and
caters to tourists.
Year -round residential use, which makes up approximately 70% of all Nacimiento area residences, may in
fact play a greater role in supporting retail businesses than has typically been perceived, particularly
during non -peak seasons. This trend towards year -round residential use has encouraged a major developer
to apply for County approval to construct a commercial center near Oak Shores and Heritage Ranch
(personal communication, County Planning Department).
Boyle Engineering Corporation (Boyle 2002) prepared a computer model, forecasting theoretical
drawdown effects with the proposed project using data for the period of October 1958 to October 2001.
This data was used to illustrate and compare what effects the proposed project might have had on historic
lake level fluctuations; in other words, if SLO County had taken its entitlement of 17,500 acre feet per
year (afy) for the time period starting in 1958 through October of 2001. Comparisons of the computer
model drawdown effects versus actual historic lake levels showed that the proposed project would result
in an approximate 0.3 -day increase in the average number of days lake levels would have reached
elevations of 748 feet or below during the peak recreation season, May 1—September 30, (refer to Impact
REC.2). This 0.3 -day increase is well below the significance criteria of 5.5 additional days as given for
potential impacts to recreation (refer to Recreation section of the FEIR for further information). However,
housing and economic resources are not totally dependent on recreational use of the lake, since there is a
dominant trend for year round housing and not all of this housing has lake views or is oriented towards
lake uses.
Impact SE.2
Implementation of the proposed project would result in insignificant adverse impacts to
property values surrounding Lake Nacimiento resulting from changes in lake levels
(FEIR page 5.15 -29).
Mitigation
None
Findings
Due to the insignificant correlation between lake levels and historical median home
prices of properties within the Lake Nacimiento area, socioeconomic impacts associated
with the proposed project's delivery schedule and subsequent lowering of lake level
elevations are adverse but not significant (Class III).
Supportive Evidence: The property value analysis was conducted by evaluating historical median
housing price information for Census Tracts 100, 101, 102. Historical property sales data (1989 -2000)
were correlated with historic lake levels to evaluate the relationship between these variables (refer to
FEIR Figures 5.15 -10 through 5.15 -12 on pages 5.15 -30 through 5.15 -32). Countywide median housing
price information is included to show the similarities in housing price trends within the County as
compared to the specific Census Tracts (refer to FEIR Figure 5.15 -13 on page 5.15 -33).
Housing prices throughout the County appeared to peak in the early 1990s; this is also true of the median
home prices within the study area. Prices peaked when lake levels were at their lowest elevations.
Conversely, in the mid -1990s the real estate market dipped when lake levels had climbed back up to
higher levels. This helps to show that a variety of factors, other than lake levels and the attractiveness of
Lake Nacimiento, contribute to the value of homes within the study area. For example, as interest rates
decrease, buying a home becomes more affordable for many people. This increases demand for housing,
often resulting in higher home prices as demand continues to exceed supply. Also, given the increase in
numbers of housing units over the past 30 years and the stable rate of seasonal housing versus ear-round
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 31
housing (70% in year round housing and 30% in seasonal housing), there appears to be a strong
attractiveness in year -round housing. This trend indicates that other amenities in addition to lake
proximity (not all housing within the Nacimiento area is oriented to the lake, lake views, or boating
access) would likely survive changes in lake operations and focus on the rural, open space, agricultural
areas and recreational enjoyment of the area.
It should be noted that housing sales are still strong in the Lake Nacimiento area, and with the increased
prices of housing in San Luis Obispo, the pricing of housing in Census Tracts 100 and 101 is favorable,
particularly with relatively short commutes to Paso Robles and San Luis Obispo (when compared to the
urban areas of Los Angeles and San Jose where commutes are greater than two hours). Although pumping
of the lake water as proposed would lower lake levels at certain times of the year, the levels during the
winter and spring months would still be high and would be an attractive amenity to buyers.
Envit•onnmental Justice
Impact EJ.1 Construction and operational impacts would adversely impact disadvantaged segments of
the population in SLO County (FEIR page 5.16 -3).
Mitigation I None
I Findings I Residual impacts are considered to be adverse but not significant (Class III).
Supportive Evidence: FEIR Table 5.16.1 (FEIR page 5.16 -5) contains a summary of Census data for the
County and various County parts.
The results of the data comparison analysis demonstrate that there is no indication of significant impacts
on minorities for the proposed project.
Criteria ._.___ _
... ---- _ -------- , Impact Level
Determination. —,___ -
Impact to minorities
-25.1 percentage points
Less than significant impact
above 20 percentage points
Impact to social situations
Impacts ranging from -14 to -1
Less than significant impact
above 20 percentage points
percentage points for language, poverty
( -7.4), and unemployment
Impact to public safety
Project is not located in a high risk area
Less than significant impact
Impact to public
Public participation encouraged through
Less than significant impact
participation and !an ua a
distribution of EIR and EIR hearings
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 32
VIII. Potential Significant Effects Which Have Been Mitigated to a Level of
Insignificance
The City Council has concluded that the mitigation measures identified in the Mitigation
Monitoring Program (Section XI.) will result in substantial mitigation of the following effects
and that these effects are not considered significant or they have been mitigated to a level of
insignificance.
Hydrology and. Water Quality
Impact WQ.1
Potentially significant impact of degradation of surface water quality and groundwater
quality due to contamination by fuel or other materials related to construction
activities. (FEIR page 5.1 -33)
Mitigation
Implementation of Mitigation Measures HM -2, HM -3 and HM -5 (see Section 5.6,
Hazards and Hazardous Materials) would ensure that any fuel spills -are dealt with
according to the appropriate regulations and according to the Hazardous Materials
Contingency Plan outlined in those measures.
WQ -1 "No fueling" zones shall be designated wherein fueling of vehicles or
equipment is prohibited within 25 -feet of all drainages. All equipment used in or near
drainagesshall be clean and free of leaks and/or grease. Emergency provisions should
be in place at all drainage crossings prior to onset of construction to deal with
unintentional spills.
Findings
After implementation of the mitigation measures, the proposed project construction
water impacts would be not significant with mitigation (Class II).
Supportive Evidence: The proximity of some of the proposed project facilities (Intake, portions of the
pipeline) to surface water bodies increases the potential hazard associated with fuel or other contaminant
spills. If a spill or other release occurred during construction, the contaminant could enter Lake
Nacimiento or streams along the pipeline alignment, harming aquatic life and causing general pollution of
surface waters.
Impact WQ3
Potentially significant impact from reduction of water deliveries during drought and
resulting water shortages to the participants (FEIR page 5.1 -36).
Mitigation
WQ -2 SLO County or the designated NWP engineer shall: 1) monitor reservoir
storage and precipitation patterns, 2) notify MCWRA when conditions are such that
releases down to a minimum pool on September 30`s could result in a shortage for the
NWP if drought persisted along historical patterns, and 3) recommend an alternative
minimum level of September 30th storage for maintaining NWP deliveries through
drought and ensuring SLO County's first right to water.
Findings
After implementation of the mitigation measure this, impact would be not significant
with mitigation (Class 11).
Supportive Evidence: A reduction of deliveries is defined as when the full annual allocation for NWT
participants is not met. Boyle Engineering has prepared a model for evaluating the impacts of NWP water
�i
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 33
deliveries on lake levels (Boyle 2002). Worst case water withdrawal conditions have been assumed in the
modeling.
Under an agreement executed in 1959, entitling the San Luis Obispo Flood Control and Water
Conservation District ( SLOFCWCD) to 17,500 of of annual supply from Lake Nacimiento (the 1959
Agreement), the Monterey County Flood Control and Water Conservation District (Monterey County
Water Resources Agency) is required to maintain a minimum lake pool of 22,000 of (or 12,000 of above
the elevation of the low level outlet works) as of September 30th of each year for the benefit of
SLOFCWCD (Boyle 1991). During periods of sustained drought, SLOFCWCD would be allowed to draw
lake levels down to the dead pool of 10,000 af.
The terms of the 1959 agreement do not obligate MCWRA to reserve reservoir storage, in excess of the
minimum pool, as a drought buffer for SLO County. The terms of the agreement do not require MCWRA
to reserve the SLO County entitlement from June reservoir releases. SLO County has the first right to
17,500 afy from the reservoir, however and MCWRA will be expected to manage the reservoir such that
SLO County can exercise its right. The SLO County entitlement is annual (i.e. use it or lose it) and does
not accumulate from one year to the next.
A worst -case evaluation on reliable water availability for the NWP has been performed assuming a
minimum pool on September 30'h of the first drought year. Estimates of net reservoir inflow during
specific historical droughts were then applied to determine whether or not there is sufficient water for
NWP deliveries.
The minimum (worst -case) lake storage reserve available for the NWP on September 30`h at the onset of
drought is 12,000 af. This minimum storage reserve is guaranteed by the 1959 agreement. The most
severe one -year drought in the historical record for lake inflow is 1976 -77 (which followed the most
severe precipitation drought year of 1975 -76). Between October 1976 and September 1977, the upstream
gage into the reservoir measured a total of 4150 af. Using a 2:3 ratio, the net reservoir inflow available to
the NWP during the 1976 -77 year is estimated at approximately 6,220 af. Therefore, under worst -case
conditions, a single year drought would result in 18,220 of available for NWP deliveries, and there would
be no shortage.
A similar analysis for the worst -case, two -year (1975 -77) drought shows the available water for NWP in
1975 -76 would be 21,380 of (12,000 of minimum pool storage and 9,380 net inflow). The second year of
this drought would begin with only 5,180 of in storage; therefore, the total available water for NWP
would be 11,400 af. Under these conditions, there would be approximately 4,800 of deficit in NWP
deliveries.
The worst three -year drought (1959 -1961) and four -year drought (1987 -1990) at the lake, however, show
no deficit in NWP deliveries, based on a net inflow analysis. Even in the driest year of these two droughts
(1989 -90), there was approximately 16,150 of of net reservoir inflow, with ample storage reserve left
from 1988 -89 to permit full NWP deliveries.
In summary, if the NWP had been operating since 1958, there could have been one year (1976 -77) during
which there would have been a reduction or interruption of full NWP deliveries. The estimated deficit in
deliveries in 1976 -77 could have been approximately 4,800 A
The above worst -case analysis does not take into account reservoir management by MCWRA to uphold
SLO County's first right to water, nor does it take into account the historical lake levels on September
30`h of each year. A review of take levels shows that the average lake storage on September 30'h between
1959 and 2001 is 139,600 af. There were six occasions where storage on September 30th was less than the
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 34
0
Exhibit .A
26,800 of (22,000 of minimum pool plus 4,800 of potential deficit in NWP deliveries) needed to pass the
above drought reliability analysis. All six of these years (1960, 1961, 1972, 1977, 1989, and 1990) were
the second or third years of drought periods, rather than the first year as assumed in the above analysis. In
fact, under the historical reservoir management practices, the NWP deliveries would have continued
during the 1975 -77 drought, since there was adequate water in storage during the first drought year (1975-
76).
Under NWP operations, MCWRA and SLO County must recognize that releasing all the water down to
minimum pool during these drought years could result in an NWP shortage if the drought were to
continue. Therefore, although the drought reliability analysis indicates a potentially significant impact of
reduced deliveries during drought, the impact can be mitigated to less than significant through reservoir
management.
Impact WQ.4
Potential impact of prolonged (over one week) shutdown of releases from Lake
Nacimiento during minimum pool conditions, resulting in water shortages at Water
World Resorts and Heritage Ranch (FEIR page 5.1 -38).
Mitigation
WQ -3 SLO County shall notify both Heritage Ranch and Water World Resorts as to
whether or not releases from the dam are expected to continue when water levels
reach the minimum pool under NWP operations.
Findings
After implementation of the mitigation measure this impact would be not significant
with mitigation (Class II).
Supportive Evidence: Underflow beneath the Nacimiento dam has not been quantified. There were
periods, however, of up to several months of no -flow recorded at the stream gage below the dam in the
1960s (prior to operation of the Heritage Ranch gallery well). These records indicate that dam underflow
is reduced. Since Heritage Ranch infiltration gallery construction in the mid 1970s, there have been only 8
days of no-flow recorded at the downstream gage. According to the Heritage Ranch water system
operator, even a week with no releases through the dam could impact their gallery wells; therefore this
impact would be potentially significant.
Under the NWP, any releases from the reservoir during minimum pool conditions would require
authorization by SLOCFCWCD. SLO County, however, is not obligated to release water from the
minimum pool as a means of delivering water to lakeside users. If SLO County does not plan on releasing
water from the minimum pool through the dam, Heritage Ranch, and Water World Resorts would need to
develop alternatives to their existing supply wells for obtaining lake water from the minimum pool. The
impact from a temporary interruption of dam releases could be mitigated by Heritage Ranch and Water
World Resorts, provided these two lakeside users have sufficient advance notice.
Impact WQ.6
Potential degradation of groundwater quality resulting from aquifer discharge using
Lake Nacimiento water containing elevated metals concentrations. (FEIR page 5.1 -42)
Mitigation
WQ -4 Operation of the intake structure shall be managed to minimize the
concentration of total metals in NWP water deliveries.
WQ -5 NWP raw water discharge areas shall be designed to allow raw water to
percolate and flow through the subsurface a minimum of 150 feet before reaching a
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 35
recovery well.
Findings After implementation of the mitigation measures the project construction impacts
would be not significant with mitigation (Class 11).
Supportive Evidence: Lake Nacimiento water will mix with alluvial water at Paso Robles, Templeton,
and Atascadero, and with surface water in Chorro Reservoir. Water quality changes at each location will
vary depending on the ratio of Lake Nacimiento being mixed with the existing waters and the
geochemical compatibility of the two water types. Potentially significant water quality impacts to local
aquifers include the percolation of waters containing metals, if water is drawn from deeper intervals
within the reservoir during drought periods.
To evaluate the potential impacts on water quality from mixing Lake Nacimiento water with alluvial
aquifers and Chorro Reservoir, a direct comparison of water quality was performed on a constituent -by-
constituent basis. The average of all historical water quality measurements taken at Lake Nacimiento
were compared to the water quality in the Salinas River alluvium and in Chorro Reservoir.
NWP water is lower overall in general mineral constituent concentrations than the natural sources with
which it will be mixed. The NWP water has less total dissolved solids, and is over three times softer than
the receiving waters. For agricultural uses, the NWP water is suitable for irrigation of all crops without
restriction, although there may be a relatively slight to moderate reduction in soil infiltration compared to
the receiving waters due to a low sodium adsorption ratio and low electrical conductivity. Mixing NWP
water with the Salinas alluvial water and Chorro Reservoir water will improve overall water quality for
agricultural uses.
With the notable exception of aluminum, iron, and manganese, the NWP water is purer and of superior
quality for drinking compared to the Salinas alluvial water and Chorro Reservoir water. Aluminum, iron,
and manganese have been detected in water from Lake Nacimiento at levels that exceed the drinking
water standards. Chorro Reservoir also contains elevated levels of these metals. The alluvial aquifers,
however, do not contain these metals, based on the analytical results.
Iron, manganese, aluminum, and mercury are the principal constituents of concern for degrading aquifer
water quality by mixing with Lake Nacimiento water. In a stratified reservoir such as Lake Nacimiento,
the deeper water is relatively depleted of dissolved oxygen and attains a low Eh (electrode potential)
during the summer months. Under these reducing but typically near - neutral pH conditions of the lake
environment, metal ions tend to be in reduced complexes. Ferrous iron can be retained in solution in
water of this type up to several tens of milligrams per liter. Similarly, groundwaters with pH of 6-8, if
sufficiently reducing, can carry ferrous iron concentrations up to approximately 50 mg/l. As soon as iron -
bearing water dissolves oxygen from the air, however, the Eh goes up, and iron is oxidized to the ferric
form, which precipitates as ferric hydroxide. Manganese concentrations, on the other hand, may be stable
at concentrations between 0.1 mg/l and 10 mg/l in near - neutral conditions and at the Eh one might find in
surface water exposed to air. Aluminum reaches minimum solubility at near - neutral conditions, and
concentrations close to 1 mg11 probably represent particulate matter.
Mercury is also a constituent of concern for lake water quality, due to the presence of abandoned mines,
which contribute mercury to lake sediments. However, based on the available water analysis, mercury has
never been detected above 1 µg/1 in lake water (typically non - detected), and under relatively neutral pH
conditions, mercury compounds do not readily dissolve in water.
Although Lake Nacimiento is not a prolific source of sedimentation, the design of the intake facilities
should take into account the need to minimize bottom sediment mobilization and drawing from the lower
O O
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 36
Eh (reducing) environment. The invert elevation of the lowest portion of the existing intake facilities
(670 -foot elevation) is above the lowest portions of the reservoir (Carollo Engineers 2002). MCWRA
currently releases reservoir water through the power plant outlet at an elevation of 670 feet. Depending on
the time of year, the quality of water released from Lake Nacimiento will vary. The proposed project calls
for the construction of a multi -port intake at Lake Nacimiento to selectively withdraw the highest quality
water and avoid mobilizing the bottom sediments and metals associated with deeper water.
The ability of the multi -port intake to work from the highest level of the lake will significantly mitigate
the potential for elevated metals concentrations in the raw water.
Water analysis data also shows, however, that a shallower intake level will pump water with higher
organism counts. Most organisms are filtered out relatively quickly during subsurface transport, hence the
State guideline of a 150 -foot setback for domestic supply wells from a surface water body. Disinfection of
public drinking water systems also protects against organisms. The metals concentration would be the
primary water quality criteria for intake port selection, rather than the lower organism count, because
organisms are more easily filtered out in the subsurface.
There will be times when water containing elevated iron, manganese, and aluminum concentrations in
reduced complexes would be present in the NWP raw water (no elevated mercury concentrations would
be expected, based on the historical data). Mitigation for reduction of these constituents will be part of the
discharge facility operation. Natural surface aeration will precipitate the iron as ferric hydroxide. In
general, metal complexes tend to be attached to particulates in water at near neutral pH conditions.
Suspended particulate metals will be filtered out during percolation of water to the underlying aquifer.
Manganese, however, may be less affected by natural aeration and filtration than the other metals.
The highest manganese concentrations in Lake Nacimiento water were from samples collected at the
deepest portions of the lake. Water would be drawn from the low -level port when water level had dropped
below the two upper level ports. At that time, manganese concentrations in excess of the MCL could
appear in the NWP raw water.
The above geochemical discussion is supported by observations at local water systems.
Discharge facilities must typically be set back at least 150 feet from any recovery well to avoid the
Surface Water Treatment Rule. It is anticipated, based on the above observations and geochemical
considerations, that there will be sufficient time and distance for all of the aluminum and a significant
portion of the iron and manganese concentrations to be removed through filtration and precipitation in the
subsurface.
The Porter - Cologne Water Quality Control Act of 1969 (CCR Chapter 4, Article 4, Section 13260)
mandates that state waters are protected such that activities that may affect waters of the State shall be
regulated to attain the highest quality. Under the provisions of this act, the Regional Water Quality
Control Board ( RWQCB) requires that, for any discharge that may affect the quality of surface or
groundwater, a Report of Waste Discharge be submitted to the RWQCB. Monitoring and reporting
requirements established and enforced by the RWQCB must be implemented to determine if and when
discharge of groundwater with Lake Nacimiento water does not adversely affect groundwater quality.
Impact WQ.7 Potential nuisances caused by the presence of vegetation in the ponds and/or
eutrophication (FEIR page 5.1 -46).
Mitigation WQ -6 Clear vegetation in pond areas during construction and design ponds to allow
City of San Luis Obispo CECA FINDINGS
Nacimiento Water Project
Page 37
N
Exhibit A
for periodic drying and cleaning.
Findings
After implementation of the mitigation measures, the proposed project construction
water impacts would be not significant with mitigation (Class II).
Supportive Evidence: Potential impacts to surface water quality in the percolation ponds could be
significant if adverse odors are created and/or floating material is noted. Both odor and floating material
are noted in the Central Coast Basin Plan inland water quality objectives as controlled constituents.
Increased total organic carbon (TOC) levels resulting from decomposing vegetation is important because
when TOCs come into contact with chlorine they can react and form THMs.
Surface water quality in the discharge ponds could be degraded if percolation ponds are not maintained
properly. Removal of vegetation within the percolation ponds should be conducted prior to filling, since
decomposing vegetation could pose a nuisance. Furthermore, the introduction of warmer near - surface
water from Lake Nacimiento into the percolation ponds could cause an increase in the frequency and
density of algal blooms (eutrophication), also affecting water quality. If substantial vegetation remained
in the pond area during the filling period, it would begin to decompose when inundated, causing an
increase in levels of TOC, a measure of natural organic compounds in the water. When chlorine and TOC
react together during the typical water treatment disinfection process, THMs are formed. THMs in high
enough doses have been found to cause cancer in laboratory animals and may pose dangers to humans. As
water is withdrawn for use, the TOC would react with chlorine during treatment, thus increasing THM
concentrations.
The project's proposed typical river discharge pond system consists of three ponds to allow for
maintenance such as discing/plowing and weed control (Carollo Engineers 2002). These procedures
should mitigate the adverse vegetation/algae impact to the below significance level.
Impacts WQ.8
Impacts from lack of sufficient capacity of the Paso Robles Discharge Area to take
and
full NWP deliveries;
WQ.9
and
Impacts from lack of sufficient capacity of the City of Paso Robles' Thunderbird well
field to extract the total combined water right to Salinas River underflow after adding
the NWP water right (FEIR page 5.1 -47).
Mitigation
WQ -7 Operate as a Discharge Area, with facility design that incorporates direct
mixing and off -site transport of NWP water with Salinas River flows and surfacing
underflow.
WQ -8 Develop new source capacity for underflow recovery. Assess environmental
impacts in supplemental study. This mitigation is not required until such time as the
City of Paso Robles desires to do so.
Findings
After implementation of the mitigation measures, the proposed project construction
water impacts would be not significant with mitigation (Class 1]).
Supportive Evidence: The raw water option for the NWP will distribute raw lake water to three
discharge areas along the Salinas River as follows:
Atascadero Discharge and Recovery Area — 3.60 MGD maximum flow rate.
c�
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 38
Templeton Discharge Area — 0.29 MGD maximum flow rate.
Paso Robles Discharge Area— 4.64 MGD maximum flow rate.
The Atascadero discharge and recovery facility has been studied in greater detail than the Paso Robles or
the Templeton discharge areas due to the need by the AMWC for a near - complete recovery of the actual
discharged water. In contrast, the Templeton CSD and the City of Paso Robles do not need to recover the
actual NWP raw water, but instead will exchange the discharge water quantity for a right to pump an
equal quantity of water from the Salinas River underflow.
At the Atascadero Discharge and Recovery Area, 3,200 afy of Lake Nacimiento water would be extracted
via recovery wells and then disinfected prior to distribution of the water to the public. Treatment involves
filtration by allowing the water to naturally move through older alluvial terrace deposits and Salinas River
alluvium, and chlorination at the wellheads or at existing chlorination and blending facilities at the nearby
Sycamore well field. A tie into County Service Area 23 will convey 200 afy to the community of Santa
Margarita.
Cleath & Associates originally investigated the hydrogeology of the Atascadero Discharge and Recovery
Area in 1997 (Nacimiento Water Discharge and Recovery Concept, Draft Feasibility Study, April, 1997).
The study included a field investigation, monitoring well construction and testing, and ground water
modeling. The results of the study showed that the discharge and recovery concept is feasible.
In September 2002, additional drilling was conducted in the vicinity of the discharge and recovery area.
The drilling program improved the definition of an ancestral (buried) river channel through the area. The
new information will alter the specific placement of discharge ponds and recovery wells, but the concept
remains feasible.
There are approximately 1.5 acres of available discharge area on an alluvial terrace above the Salinas
River, and an additional 1.5+ acres of available discharge area outside of the active river channel in the
floodplain.
Discharge would be via percolation ponds, and groundwater recovery would be via water wells drilled
into the ancestral river channel a minimum of 150 feet from of the discharge areas. The capacity of the
discharge areas to accept NWP water has been evaluated using MODFLOW, a widely accepted
groundwater flow model developed by the U.S. Geological Survey. MODFLOW was run under steady -
state (long -term equilibrium) conditions.
Depth to water beneath the approximate 797 -foot elevation alluvial terrace during normal conditions is
approximately 34 feet, and 13 feet beneath the 776 -foot elevation floodplain. The terrace (above the
ancestral channel) is comprised of coarse sand and fine gravel, with little to no fines ( Cleath 1997). The
ancestral channel is filled with loose sand and gravel and extends down to a base elevation of between
711 and 723 feet above sea level. The floodplain is generally coarse sand with some clay lenses.
Recovery wells are estimated to have a capacity of 500+ gpm, and the hydraulic conductivity of the
ancestral channel deposits is at least 200 ft/day, based on the pumping test conducted in 1997. With four
recovery wells operating, the groundwater modeling shows that the elevated terrace can accept the 3,200
afy NWP deliveries spread over a half -acre area, with a maximum 13 -foot rise beneath the center of the
pond due to mounding of the percolating water. With 1.5 acres available on the terrace, the entire
discharge operation may be possible at that location, pending pilot tests.
The lower discharge area is approximately 10 feet above the river channel, and does not flood seasonally.
If the floodplain is used for additional percolation area, there could be some surfacing of water in the
adjacent active river channel, depending on the exact area needed and the available setback from the river.
c, o
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 39
Surfacing discharge water may lead accelerated erosion of the channel bank. Extraction facilities should
be operated to preclude these impacts.
Given the options available for pond placement and the presence of the highly permeable ancestral river
channel for recovery wells, there will be sufficient discharge and recovery capacity at the Atascadero
Discharge and Recovery Area to successfully implement the raw water option.
At the Templeton Discharge Area, raw Lake Nacimiento water would be allowed to percolate into the
floodplain alluvium, and mix with alluvial water. The recovery will be indirect, using the existing
Templeton CSD Smith River well, located approximately 1,700 downstream of the discharge area. This
well is 65 feet deep and not subject to the California SWTR. Templeton SCD currently operates the well
only during the wet season.
By adding NWP water to the Salinas River underflow, the Templeton CSD will obtain the right to extract
the same quantity of water from the underflow. The Smith River well has the capacity to extract the full
250 afy NWP deliveries.
The Templeton Discharge Area is situated approximately 9 feet above the Salinas River channel. Depth to
water during normal fall conditions is approximately 12 -13 feet. The surficial soils at the discharge area,
based on observed stratification in the stream bank, include dark brown sandy silt and silty sand with
gravel through approximately four feet depth. Below four feet depth is fine to coarse sand. Percolation
ponds at this site would require removal or replacement of the top two feet of soil, and possibly the top
four feet, to allow unrestricted percolation into the clean sands. Two inactive wells are present. in the
adjacent river channel.
The capacity of the discharge area was evaluated using a MODFLOW groundwater model. Assumptions
for the model included 250 afy discharge, a hydraulic conductivity of 100 feet/day, an initial alluvial
saturated thickness of 70 feet, and a percolating area of 2,500 square feet. The resulting model calculates
a four -foot rise in the water table beneath the discharge area, however, the percolating water may daylight
from the bank of the active river channel and rising water could surface in the channel. This may lead to
accelerated erosion of the channel bank. To avoid these impacts, an estimated 100 -foot setback from the
riverbank would be recommended, based on groundwater. modeling (there is no setback under the
currently proposed project). This would place the discharge area within the area identified for the truck
staging area.
At the Paso Robles Discharge Area 4,000 afy of Lake Nacimiento water will be allowed to percolate into
the floodplain alluvium, and mix with alluvial water. There will be no recovery of actual NWP water. The
City of Paso Robles has a permit (No. 5956; Application 10294), to divert 8 cfs (approximately 3,590
gpm) from the Salinas River underflow with a priority date of October 10, 1941. By percolating the NWP
water into the Salinas River underflow, the City anticipates increasing its right to pump by an additional
4,000 afy. Assuming no peaking, the additional water right would be equivalent to 5.5 cfs (approximately
2,480 gpm).
The existing Thunderbird well field, located approximately 2,000 upstream of the discharge area, would
be used to exercise the City's right to pump the additional water.
There are four active wells in the Thunderbird well field. For practical purposes, it is assumed that all the
water extracted from these wells is underflow. The total capacity of the well field is a nominal 4,325
gpm. This capacity is 735 gpm more than the current water right (permit 5956) of 3,590 gpm.
Therefore, the NWP deliveries will provide 735 gpm more instantaneous flow capacity to the City,
with the remaining water right held in reserve. An inactive City well field exists that taps river
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 40
underflow downstream of the Paso Robles Discharge Area ( Ronconi field); however, those wells are
under the Surface Water Treatment Rule and would require a treatment plant for use. They are also
old wells and casing deterioration may be such that they require replacement. Production at the
Thunderbird well field has been maximized by existing wells (Carollo Engineers 1993). The City
would need to treat water from the Ronconi wells or develop a new well field to realize the full
benefit of the NWP raw water option.
The Paso Robles Discharge Area is a 3.4 -acre site in the active Salinas River channel. This is a
significantly different hydrologic setting than either the Atascadero or Templeton sites. A level survey
was conducted across the Paso Robles Discharge area. The lowest elevation through the discharge area is
a river channel meander that follows the east bank of the river and is 2.5 feet higher than lowest channel
elevation west of the discharge area. Close to half of the discharge area is within 5 feet of the base of the
active river channel elevation. Portions of the discharge area will be subject to seasonal flooding. Berms
cannot protect against stream underflow rising to surface within the discharge areas. In a wet year, it is
virtually certain that the entire area will be washed out.
The raw water option assumes that NWP water will be percolated into the ground. This is also part of the
mitigation strategy for the filtration and precipitation of metals. The Paso Robles Discharge Area will not
be available for percolating NWP water when flows have breached the pond berms or when stream
underflow has risen into the base of the ponds.
The water level at the discharge area during normal fall conditions is estimated at 7 -10 feet deep. The
capacity of the Paso Robles discharge area was evaluated using a MODFLOW groundwater model..
Assumptions for the model included 4000 afy discharge, a hydraulic conductivity of 200 ft/day (based on
a pumping tests at Thunderbird well #10), an initial alluvial saturated thickness of 100 feet (based on
Thunderbird well field data), and an active percolating area of 1.14 acres. The resulting model shows a
10.5 foot rise in water levels at the center of the percolation pond, which is too high, given the 7 -10 foot
depth to water. At 3,000 afy, the mound is 8 feet at the center of the pond, and at 2,500 afy, the mound
reaches 6.5 feet and does not rise into the pond. As mentioned earlier, however, the pond area may not be
available for use during three or four months out of the year, which would further reduce the capacity of
the area for NWP discharge.
Under the current NWP project description using three ponds (one active and two drying), a flow rate of
1550 gpm could be maintained for an estimated 8 months out of the year, for a total NWP delivery of
1,670 afy. As mentioned above, this assumes that the NWP water must be percolated into the ground at
the Discharge Area. However, the area is in the active river channel, so if it doesn't percolate at the
Discharge Area, it will flow downstream an d percolate somewhere else. From a standpoint of exchanging
the NWP water for a right to pump Salinas River underflow, there is no difference between discharging
NWP as surface flow or percolating into the underflow. The filtration capacity for precipitated metals is
also not necessary if the water is not intended to be recovered at the Discharge Area. Lake Nacimiento
water has been flowing historically into the Salinas River without restriction, and there would be no
change in water quality impacts from the current conditions if the Paso Robles Discharge Area was
reclassified as a Discharge Area, with no percolation requirement. Therefore, the full NWP allocation
may be discharged into the Salinas River system at the location selected for Paso Robles. A redesign of
the in- stream facilities would be needed to minimize the effects of regular flooding.
Geological Resources
Impact GS.1 Ground rupture along the Rinconada fault could damage project facilities (FEIR page
City of San Luis Obispo CECA FINDINGS
Nacimiento Water Project
Page 41
Exhibit A
5.2 -18).
Mitigation
GS -1 The Applicant shall conduct investigations to further clarify the ground - rupture
potential and location of fault trace(s) of the Rinconada fault in the project area.
Implement recommendations of the reports of these investigations in the design of the
project.
Findings
Implementation of the measure recommended above would reduce the potential impacts
of surface rupture on the Rinconada fault to not significant with mitigation (Class II).
Supportive Evidence: The CGS has designated the Rinconada as a B- fault, and mitigation of potential,
future earthquake shaking resulting from movement on this fault will be taken into account in design of
the proposed project under the 1997 Uniform Building Code. However, there is now no substantial
evidence to indicate that this fault has ruptured the ground surface in the last 11,000 years, and the CGS
has not zoned the fault under the Alquist - Priolo Act. Therefore the need to mitigate for potential ground
rupture is uncertain in the absence of further investigation of site - specific conditions. While the potential
for surface rupture and damage to project facilities is highly unlikely, potential damage to facilities in the
event of an earthquake on this fault could be substantial should surface rupturing occur.
Impact GS.2
Locating the Rocky Canyon Water Storage Tank and Happy Valley Pump Station near
the Rinconada fault zone may result in poor foundation conditions (FEIR page 5.2 -18).
Mitigation
GS -2 Prior to final design, conduct investigations as listed in GS -1. In addition, to
provide a method of secondary containment for the stored water Rocky Canyon Storage
Tank shall be constructed as a buried, concrete tank.
Findings
Implementation of the mitigation measure would reduce the potential adverse impacts to
not significant with mitigation (Class II).
Supportive Evidence
The Rocky Canyon Storage Tank and Happy Valley Pump Station are proposed to be located near the
Rinconada fault zone, and the potential for poor foundation conditions may pose significant impacts at
this location.
Impact GS3
Excavation in rock or soils containing asbestos may cause risk to human health (FEIR
page 5.2 -20).
Mitigation
GS -3 Prior to construction, an evaluation of areas of serpentinite outcrops or
serpentine -rich soils shall be made by a qualified professional such as a Certified
Industrial Hygienist (CIH) as to whether such conditions represent a threat to human
health. If so, a safety program shall be initiated and shall include providing personal
protective equipment to workers and a worker education program.
In addition to the dust reduction measures described in Air Quality, Section
5.4.4, (Mitigation Measure AQ -1), all applicable dust reduction measures outlined in the
following document shall be implemented: 17 CCR Section 93105. Asbestos Airborne
Toxic Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface
Mining Operations.
n �
City of San Luis Obispo CEOA FINDINGS
Nacimiento Water Project
Page 42
Exhibit A
Drainage; Erosion and Sedimentation
The Naturally Occurring Asbestos (NOA) ATCM requirements may include but
Potentially significant impact of changes to surface water flow patterns during
are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the
construction (FEIR page 5.3 -19).
APCD before construction begins, and 2) an Asbestos Health and Safety Program will
DE -1 An Erosion Control Plan shall be prepared in conjunction with the required
also be required for some projects ( http:// www. sl ocl eanair .org/businesslasbestos.asp)
Findings
Implementation of the mitigation measure would reduce the potential adverse impacts to
measures. The plan would include but not be limited to the following measures:
not significant with mitigation (Class II).
Supportive
Serpentine -rich rock (serpentinite) and soil units constitute a significant impact where
Evidence
they contain a magnesium- silicate mineral called chrysotile, an important source of
shall implement measure DE -2 to minimize potential impacts.
commercial asbestos. Airborne asbestos fibers are known to cause risk to human health,
- Revegetation of areas disturbed or cleared during construction shall occur after
and the potential exists for human exposure during excavation of serpentine -rich rock
construction is completed and before the rainy season.
and soil units. Several SLO County areas contain rocks with naturally occurring asbestos
DE -2 Direct any diverted flows to in- channel sedimentation basins that will trap fine
(USGS surveys).
Drainage; Erosion and Sedimentation
Impact DEJ
Potentially significant impact of changes to surface water flow patterns during
construction (FEIR page 5.3 -19).
Mitigation
DE -1 An Erosion Control Plan shall be prepared in conjunction with the required
Storm Water Pollution Prevention Plan (SWPPP) to devise specific soil erosion control
measures. The plan would include but not be limited to the following measures:
- Construction activities through areas of concern (i.e., rivers, streams, large drainages)
shall be scheduled during the dry season (April 15 to October 15) to reduce erosion, or
shall implement measure DE -2 to minimize potential impacts.
- Revegetation of areas disturbed or cleared during construction shall occur after
construction is completed and before the rainy season.
DE -2 Direct any diverted flows to in- channel sedimentation basins that will trap fine
soil materials before diverted flows are released downstream. If the cross - section of the
channel is narrowed by the diversion, provide erosion protection measures at the
downstream outlet point. Plan diversion structures to be in service for the shortest
possible time, and remove them as soon as construction is completed. Have all diversion
facilities designed by a qualified civil engineer and base the design on the best available
streamflow information. Before designing in- channel sedimentation basins, consult with
a qualified biologist to identify, and avoid to the degree feasible, sensitive biological
resources such as wetlands and sensitive wildlife habitat (i.e., steethead trout, California
red - legged frog, southwestern pond turtle, and breeding riparian bird habitat). If wetland
areas are impacted by these erosion control measures, mitigation will be required by the
regulatory agencies.
DE -3 Inspect diversion facilities daily and repair all damage immediately.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class R).
Supportive Evidence: Construction would utilize stream diversion techniques (Carollo 2002). If during
construction stream flow patterns are changed (diverted), and high stream flows occur, areas normally not
City of San Luis Obispo CEOA FINDINGS
Nacimiento Water Project
Page 43
Exhibit A
subjected to water flow could be inundated or eroded. If the stream channel was constricted, higher
velocity flows and/or flooding could be created.
Impact DE.2
Potentially significant impact of damage to construction sites if flood flows occur while a
pipeline is being installed in a streambed (FEIR page 5.3 -20).
Mitigation
The proposed mitigation measures are considered necessary whenever a chance of rain,
however slight, is forecast by the National Weather Service or local news media.
DE -4 Prepare in advance and have construction crews ready to implement an
emergency construction site securing procedure, which shall include personnel and
equipment evacuation, trench closure, and materials removal procedures.
DE -5 Heavy equipment and construction activities shall be restricted to the defined
construction ROW. Equipment access and construction through drainages should be
conducted from the banks rather than within the drainage.
DE -6 Do not store construction materials or spoils within the channel or overbanks.
DE -7 Obtain weather updates on a daily basis, or more frequently if inclement
conditions are threatening.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class ]n.
Supportive Evidence: Potions of construction would be in stream beds (Carollo 2002). During
construction in streambeds, equipment, materials, and the pipeline trench could be damaged if high flows
occurred in a streambed and the equipment could not be secured in time.
Impact DE3
Potentially significant impacts to surface waters of increased turbidity and sedimentation,
and to groundwater recharge in streams crossed and paralleled due to clearing, grading,
trenching, and backfilling activities (FEIR page 5.3 -21).
Mitigation
DE -8 Erosion and sedimentation impacts shall be mitigated by employing standard
erosion control procedures such as use of silt fencing, sandbagging, straw bales, waddles,
water bars, diversion ditches, and stream bank stabilization procedures. In addition,
drainages shall be spanned to the maximum degree feasible, subject to engineering or
other concerns, in an attempt to avoid direct and indirect impacts.
DE -9 Provide in- channel sedimentation basins when constructing in a stream bed as
previously directed. Monitor water leaving the sedimentation basin to satisfy the
requirements of the RWQCB. If standards are exceeded, cease all construction activities
in the stream bed and do not resume activities until the problem is corrected to the
satisfaction of the RWQCB representative. Following construction activities, the stream
channel will be restored to near its original condition.
DE -10 A vegetation restoration plan shall be prepared and implemented by a qualified
restoration biologist and native plant horticulturist for the various vegetation
communities and habitats that would be temporarily disturbed during project construction
but could be restored onsite.
C
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 44
Exhibit A
DE -11 Store excavated soil and stockpiles of imported fill outside of the channel and
setback at least 20 feet from the active channel banks. Protect stockpiles of loose material
with secured tarps and provide silt fencing or straw bales down gradient of the stockpiles.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class II).
Supportive Evidence: Once an area is cleared of protective vegetation, or loose material is created from
trenching operations, the potential for erosion increases. Soil materials eroded or excavated from the site
or imported fill brought into the area could be carried into wetland areas or into streams and passed
downstream into critical areas.
Impact DEA
Potentially significant impact of erosion and downstream sedimentation from a pipeline
rupture (FEIR page 5.3 -21).
Mitigation
DE -12 The Lead or Responsible Agency shall develop and implement a plan providing
the emergency response and repair procedures for an accidental rupture. The plan shall
include remedial erosion control measures for areas downstream of the rupture.
DE -13 The Lead or Responsible Agency shall implement a regular inspection and
maintenance program to detect possible problems with pipeline integrity.
DE -14 The Lead or Responsible Agency shall provide thorough inspection of the
pipeline materials and construction techniques while the pipelines are being installed.
The County shall specify the use of materials with proven reliability only.
DE -15 The Lead or Responsible Agency shall design checkpoints and shut -off valves
for incorporation into the pipelines such that critical reaches which may be subject to
damage (e.g. a suspended crossing) can be isolated.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class II).
Supportive Evidence: In the unlikely event of a total pipeline rupture, a large volume of released water
could cause a great amount of localized erosion because water is discharged under high pressure onto the
ground surface. As eroded sediments move downstream, sedimentation within stream channels would
also result.
Impact DE.5
Potentially significant impact of scouring occurring in stream channels that expose buried
pipeline or undermine suspended pipe crossing abutments or cable caissons (FEIR page
5.3 -22).
Mitigation
DE -16 The final engineering design shall determine the pipeline depth below the
maximum scour depth at underground stream crossings of major streams. The pipe shall
be reinforced beneath the active stream channel. The pipeline depth, at underground
crossings of seasonal creeks, shall be a minimum of 2 feet below the maximum scour
depth.
DE -17 Suspended pipe crossing abutments and cable caissons shall be installed outside .
of stream channels.
City of San Luis Obispo CEGA FINDINGS
Nacimiento Water Project
Page 45
Exhibit A
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class II).
Supportive Evidence: At the pipeline stream crossings, deep scouring in channels that expose the buried
pipe could result in pipe rupture. Suspended pipe crossing abutments and anchor cables supporting
suspended pipe crossings may be susceptible to stream scouring at high flows. Scour that washes out the
abutments or cable anchors could result in the suspended crossing failure and pipe rupture.
Impact DE.6
Potentially significant impact of increased or concentrated storm runoff flowing onto
erodible soils from impervious surfaces (FEIR page 5.3 -23).
Mitigation
DE -18 Impervious surfaces should be either designed to dissipate runoff uniformly, or
drainage measures should be designed to convey runoff from impervious surfaces so that
concentrated flows do not discharge onto unprotected slopes.
DE -19 Areas disturbed during construction should be revegetated, as soon as is
practical, prior to the beginning of the rainy season.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class II).
Supportive Evidence: Various impervious to water surfaces would be created at the NWP facilities.
These are concrete equipment pads, tanks, paved roads, parking lots, and buildings. Erosion of surface
materials is likely to occur if concentrated storm runoff is allowed to flow onto erodible soil from
impervious surfaces.
Impact DE.7
Potentially significant impact of high river flow or bank erosion resulting in damage to
branch pipelines or discharge piping in the three discharge areas (FEIR page 5.3 -23).
Mitigation
DE -20 The Lead or Responsible Agency shall implement a regular inspection and
maintenance program to detect and repair damaged discharge piping, and to monitor
bank erosion. Annual repairs or repairs following high stream flows should be anticipated
as long as the system is in place.
DE -21 Design discharge piping in river channel to be flexible or to have flexible
couplings between pipe joints.
DE-22 Discharge system shall be designed so that concentrated flows do not discharge
onto an unprotected river bank.
Findings
Implementation of the proposed mitigation measures would reduce the significant
impacts to not significant with mitigation (Class II).
Supportive Evidence: The three raw water discharge areas are located adjacent to or within the active
channel of the Salinas River. In the event of high flow damage to the piping either by stream bank erosion
or by high stream flow could cause discharge to occur outside of the designed discharge area. In the event
of high stream flow on the Salinas River, the discharge facilities at Paso Robles could be destroyed and
would have to be rebuilt, thereby requiring additional construction in order to maintain the facilities in an
operable condition. It should be anticipated that such construction would be required periodically during
the entire life of the proposed project. Increased bank erosion rates and downstream sedimentation may
C'
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 46
occur where discharge is located on stream terraces.
J
Exhibit A
Air- Quality
Impact AQ.2
Operation of the project facilities would generate air emissions that could impact air
quality in the area (FEIR page 5.4 -16).
Mitigation
AQ -5 The Applicant shall procure propane- powered, or low -NOx. emergency
generators to lower potential NOx emissions.
AQ -6 Should the Applicant utilize diesel - powered generators, the Applicant shall
install diesel oxidation catalysts (DOC), catalyzed diesel particulate filters (CDPF) or
other District- approved emission reduction retrofit devices.
Findings
Residual impact from operational emissions is adverse but not significant with mitigation
(Class II).
Supportive Evidence
Most of the operations would be electrically powered (e.g., pumps). Commuter vehicles, delivery trucks
and emergency generators would not have significant amounts of emissions. Calculations are presented in
the FEIR.
Noise
Impact N.1
Construction noise would temporarily increase ambient daytime noise levels along the
pipeline route and near the pump station and storage tank sites (FEIR page 5.5 -14).
Mitigation
N -1 Equipment enclosures /noise barriers shall be used in the vicinity of sensitive
receptors (per station numbers in Table 5.5.7) to reduce the noise generated by stationary
equipment (i.e., generators, pumps, and other stationary construction equipment) during
daytime hours.
N -2 Construction activities shall be limited to 7:00 a.m. and 7:00 p.m. on weekdays
and between 8:00 a.m. and 5:00 p.m on Saturdays except when local governments want
pipeline construction through nonresidential commercial areas to occur at night to avoid
disrupting daytime commerce and traffic. Construction equipment maintenance shall be
limited to the same hours. Non -noise generating construction activities such as interior
painting are not subject to these restrictions. Signs stating these restrictions shall be
provided by the Applicant and posted onsite. Signs shall be in place prior to issuance of
Land Use Permit and throughout grading and construction activities. Directional drilling
shall be exempt from this mitigation measure only if a drilling event is predicted to take
more than 12 hours and is begun promptly at the beginning of the work day.
N -3 Provide two -week advance notice to sensitive receptors in Paso Robles,
Templeton, Atascadero, Santa Margarita, and San Luis Obispo by mail and newspaper.
The announcements shall state where and when construction will be scheduled. It shall
also provide tips on reducing noise intrusion, e.g. closing windows facing the
construction area.
N4 Maintain proper mufflers on all internal combustion and vehicle engines to
City of San Luis Obispo CEQA.FINDINGS
Nacimiento Water Project
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Exhibit A
Hazards and Hazardous Materials
reduce noise to the maximum extent feasible.
Findings
The impact would be considered not significant with mitigation (Class II).
Supportive Evidence
Analysis of the pipeline route indicated that. noise-generating machinery would be working close to
several sensitive receptors such as schools, hospitals and residences. Noise generated by construction of
the 66 -mile pipeline would result in increased ambient noise levels. This increase would be limited to the
daytime hours and would be limited to the duration of the construction phase of the project. Within 500
feet of the pipeline alignment, construction noise levels would measure approximately 75 dBA in areas
where the ambient daytime noise level is less than 70 dBA, which is most of the pipeline route. These
increases in most areas would result in a change of at least 20 dBA over the baseline noise levels. Noise
propagation calculations indicate noise levels at some receptors could reach 85 dBA. The mitigation
measures would limit noise impacts experienced by sensitive receptors to levels below the significance
criterion.
I and Phase 11 hazardous materials site assessments, shall be performed after selection
Impact N3
Periodic testing and emergency use of generators would increase short-term ambient
noise levels near the pump stations (FEIR page 5.5 -21).
Mitigation
N -7 Periodic testing of generators shall be performed during daylight hours only.
Findings
The impact would be insignificant with mitigation (Class ln.
Supportive Evidence
Noise propagation modeling indicate that at Pump Station 3, the day, evening, and night noise levels
would be increased by 1, 2, and 6 dBA to 56, 54, and 51 dBA. The resulting nighttime hourly noise levels
of 51 dBA could exceed the hourly significance criterion for stationary noise sources.. Generator operation
would not exceed the daytime significance criteria. Nighttime operation would occur only in emergency
situations.
Hazards and Hazardous Materials
Impact HM.2
Earth- moving operations during construction could uncover contaminated soils and
other hazardous materials, including naturally occurring asbestos, creating health risks
to construction workers and public (FEIR page 5.6 -).
Mitigation
HM -1 During the design phase of the project corridor, SLO County or a qualified
professional retained by the County shall perform a detailed characterization of the
nature and extent of hazardous materials contamination in the project corridor for
high -risk sites identified previously in this report. This investigation, known as Phase
I and Phase 11 hazardous materials site assessments, shall be performed after selection
of the preferred alternative, i.e., the alternative to be implemented, and prior to
property acquisition or construction activities. The site characterization would be
conducted in accordance with Ca1EPA.DTSC standards and guidance, such as the
Scientific and Technical Standards for Hazardous Waste Sites (DTSC 1990).
At any given site, investigation may either reveal that contamination exists and is of
concem, that remediation has already occurred, that the extent of contamination is
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 48
extremely limited, or that no contamination has occurred.
If contamination were identified during the site investigation, SLO County would
report the contamination to the appropriate regulatory agencies. The lead or design
agency may decide to re -route the pipeline; however, landowners would be
responsible to perform additional investigation and mitigation or cleanup under
review of responsible regulatory agencies, as necessary. Mitigation and remediation
activities shall generally be completed before construction could proceed at any given
site. However, for some types of contamination, particularly where fuel has leaked
into soil and groundwater, remediation and clean up activities may be ongoing
throughout construction due to the lengthy recovery process and difficulty of fully
extracting certain pollutants. Within Camp Roberts and Camp San Luis Obispo lands
any hazardous materials handling/management shall be done consistent with the
Camp's Standard Operating Procedures for Environmental Protection.
HM -2 A Hazardous Materials (HazMat) Contingency Plan shall be prepared before
any excavation or trenching work is commenced. The Plan may contain but may not
be limited to the following actions that must be taken by the design or Lead Agency in
the case that hazardous materials are encountered:
- Notify owner, engineer, and other affected persons.
- Notify such agencies as are required to be notified by laws and regulations within the
time stipulated by such laws and regulations.
- Designate a certified industrial hygienist to issue pertinent instructions and
recommendations for protection of workers and other affected persons' health and
safety.
- Identify and contact subcontractors and licensed personnel qualified to undertake
storage, removal, transportation, disposal, and other remedial work required by, and in
accordance with, laws and regulations.
- Forward to engineer, copies of reports, permits, receipts, and other documentation
related to remedial work.
- Assume responsibility for worker health and safety, including health and safety of
subcontractors and their workers.
- Instruct workers on recognition and reporting of materials that may be hazardous.
- File requests for adjustments to contract time and contract price due to the finding of
hazardous materials in the work site in accordance with conditions of contract.
- Minimize delays by continuing performance of the work in areas not affected by
hazardous materials operations.
If contaminated soils or other hazardous materials are encountered during any soil
moving operation during construction (e.g., trenching, excavation, grading),
construction shall be halted and the HazMat Contingency Plan implemented.
HM -3 In the event of an accidental release of a hazardous material (including fuel
spills) during construction, the lead or design agency shall determine whether the
release is reportable pursuant to any local, State, or Federal law, and if so would
r 1
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
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Exhibit A
notify the regulatory agency to which the report should be submitted. The lead or
design agency shall adhere to procedures listed below, which describe additional
procedures to be followed in the event of an accidental release of a hazardous
material. The purpose of the response procedures is to minimize exposure and risk to
public health and safety.
- The lead or design agency would implement and coordinate with local jurisdiction
on procedures for immediate evacuation of persons from the vicinity of the spill;
- promptly notify appropriate personnel and responsible agencies of the incident, such
as the local fire department;
- terminate NWP operations and shut -off power, if necessary; and
- cooperate with responding agencies.
Releases may not be of a "hazardous waste" and accordingly may not have to be
managed as such. However, substances not classified as hazardous wastes may still be
subject to restrictive handling requirements and would be managed in accordance with
such requirements.
Findings
The residual impacts would be not significant with mitigation (Class 11).
Supportive Evidence
The pipeline route is not close to any Federal designated Superfund site. The 100 -foot environmental
corridor of the pipeline has been surveyed, and places with potential contamination have been identified
by the project engineer companies (Boyle Engineers and Carollo Engineers). The pipeline ROW is
located close to several sites that have a potential for ground contamination, such as the Tosco (formerly
Unocal Oil) petroleum pumping facility near Santa Margarita; other ground contamination could be
encountered. In case if any contamination or hazardous materials are encountered the Applicant proposed
to comply with all the applicable regulations for handling and disposal.
Impact HM3
During construction, hazardous utilities could be damaged by construction equipment.
This could expose construction workers and public to hazardous materials transported
by the damaged pipelines (FEIR page 5.6 -18).
Mitigation
HM -4 Prior to final design stage, the lead or design agency shall conduct a detailed
utilities survey, including contacting the respective utility representatives, to
accurately locate, to the extent possible, Southern California Gas lines, sewage lines
and storm drains, as well as buried transmission lines within the corridor of the
proposed pipeline route. The lead or design agency shall consult with Tosco and
Chevron to confirm the locations of their oil and gas pipelines in the project area.
Underground Service Alert shall be notified prior to breaking ground for construction
of the pipeline so that any existing subsurface structures can be properly identified.
The contractor shall be required to keep the notification current.
Findings
With the mitigation measures, residual impacts are considered not significant with
mitigation (Class II).
Supportive Evidence: There are many well-developed and long-proven effective mitigation measures
City of San Luis Obispo CEQA FINDINGS Exhibit A
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Page 50
that could be implemented to bring this impact to below significance level. The pipeline route has been
chosen with the goal to avoid conflicts with the existing utilities as much as possible. For instance, when
the pipeline passes near the Tosco (formerly Unocal) pumping facility (in Santa Margarita), the route
would cross the railroad to be on the opposite side from the facility to avoid several oil pipes and sumps
located in the vicinity of the facility (Carollo Engineers 2002). California State law requires any excavator
to contact a regional notification center at least 2 days prior to breaking ground. One such center is
Underground Service Alert, a non - profit service organization supported by utility companies. Excavators
are required to probe and expose the underground facilities by hand prior to using power equipment.
Bi919gical Resources
Impact BR.1
Potentially significant impacts to terrestrial biological resources from heavy
construction machinery and various construction activities (FEIR page 5.7 -19).
Mitigation
BR -1 The Lead or Responsible Agency shall retain a qualified biologist(s) (project
biologist) to conduct and oversee construction monitoring that pertain to biological
resource protection, act as the liaison between the Lead or Responsible Agency and
the construction contractor(s), and to ensure compliance with the mitigation program,
such as monitoring all construction activities in biologically sensitive areas and
scheduling and/or implementing preconstruction surveys, if determined to be
necessary by the County Environmental Coordinator. The project biologist shall be
selected based on demonstrated knowledge and experience with the species
potentially occurring in the project area. The project biologist shall inform the County
monitoring representative as soon as possible, and the County representative shall
have the authority to stop construction activities if there is eminent threat to the listed
species, or to delay construction activities until appropriate mitigation measures can
be implemented. In addition, all project personnel who conduct work at Camp Roberts
and/or Camp San Luis Obispo must attend an environmental awareness briefing
conducted by California Army Reserve National Guard (CARNG) Environmental
staff prior to beginning work.
BR -2 A Biology Education Program for Contractors shall be implemented to ensure
that all construction personnel are fully informed of the biological sensitivities
associated with this project. The program shall be conducted by a qualified biologist
and shall be a requirement for all construction personnel. This program shall focus on:
a)the purpose for resource protection;
b) identification of sensitive resources areas in the field (e.g., areas delineated on
plans and by flags or fencing);
c) sensitive construction practices;
d) protocol to resolve conflicts that may arise during the construction process;
e) ramifications of noncompliance.
BR -3 The project biologist and the project engineer shall clearly designate
"sensitive resource zones" on the project maps and construction plans. Sensitive
resource zones are defined as areas where construction would be limited to a 15- to
30 -foot corridor, depending on the particular construction requirements, to avoid
C C
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
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impacts to special status biological resources.
The project biologist.shall demark the limits of sensitive populations on the project
plans, including as feasible, an adequate buffer area to avoid direct and indirect
impacts. If determined necessary by the County Environmental Coordinator, survey
work to demark sensitive resource zones shall be conducted during the appropriate
survey window to confirm sensitive species (the exact survey timing would be
determined appropriately for each specific species, and depending on the rain
conditions). During construction, temporary fencing shall be erected under
supervision of the project biologist to provide protection within the sensitive resource
zones.
BR -4 Within sensitive resource zones, construction equipment work shall be
conducted observing the following procedures:
- Heavy equipment and construction activities shall be restricted to the defined
construction ROW.
- Vehicles and personnel shall use existing access roads to the maximum degree
feasible. Any off road travel within Camp Roberts or Camp San Luis Obispo shall be
subject for approval by Range Control and the Environmental Directorate. Where
additional access is required, all vehicles shall use the same route, even if this requires
heavy equipment to back out of such areas (safety permitting). All access routes
outside of existing roads or the construction easement shall be clearly marked (i.e.,
flagged and/or staked) prior to the onset of construction, delineated on the
construction plans, and reviewed by the project biologist. Additional access roads
shall avoid, to the degree possible, sensitive habitat areas or special status plant
populations.
- Topsoil shall be segregated by windrow or stockpiled in disturbed areas without
native vegetation, special status plant populations, or special status plant communities.
These stockpile areas shall be located in previously disturbed areas, delineated on the
construction plans, and reviewed by the project biologist.
- Any expanded work areas requested, such as construction and vehicle access, width
of construction corridor exceeding 100 -foot width, or storage and staging areas, shall
require the following review procedures: the limits of expanded work areas proposed
will be depicted on construction drawings and reviewed by the project biologist; if
necessary, and as determined by the County Environmental Coordinator, all expanded
work areas shall be surveyed by biologists for sensitive resources during the
appropriate survey time window (e.g., the month of May for most status special status
plant species); the expanded work areas that impact sensitive resources may be altered
to the degree feasible to avoid any additional impacts; and sensitive resource zones
will be established, as described above.
BR -5 Final design of the project shall incorporate the following:
- Staging areas shall be located in disturbed habitat, to the maximum degree feasible.
Staging areas are prohibited within sensitive habitat areas. All staging areas shall be
delineated on the construction plans and reviewed by the project biologist.
- As feasible and consistent with preliminary project design, plan placement of the
City of San Luis Obispo CEQA FINDINGS Exhibit A
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Page 52
proposed pipeline beneath existing roads and ROWS and away from undeveloped and
previously undisturbed areas.
BR -6 The Applicant shall prepare a Vegetation Replacement/Restoration Plan
(VRRP) for vegetative communities that are significantly impacted and that are to be
permanently removed from project.sites. The Plan shall be prepared by the project
sponsors for the various vegetative communities and habitats that would be
temporarily disturbed during project construction but could be restored onsite. A
qualified restoration biologist and native plant horticulturist shall be retained to
supervise or participate in the design, site preparation, installation, maintenance, and
monitoring of all revegetation or site restoration programs. VRRP shall include
revegetation success criteria and measures to ensure after revegetation monitoring and
replanting in case the revegetation is not successful.
The part of the VRRP developed for lands within Camp Roberts or Camp San Luis
Obispo shall be reviewed and approved by the CARNG Environmental Directorate.
BR -7 Construction through sensitive areas shall be scheduled to minimize potential
impacts to biological resources. A specific schedule shall be developed by the project
biologist and changed if necessary. The guidelines for this schedule shall be as
follows:
- to protect breeding sensitive bird species in wetland areas or drainages schedule
construction only from mid- September through October, provided that no significant
rainfall occurs within this time -frame. However, if breeding bird surveys are .
conducted from March 15 through June 15, and no breeding birds are detected, then
this window could be widened to include July and August.
- to protect Tiger salamander habitat (i.e., grasslands) avoid construction in March and
April
- to protect Steelhead trout habitat avoid construction in the habitat from November
through May.
- to protect California red - legged frog habitat (wetlands) avoid construction in
wetlands from December to August.
Mitigation measures to prevent impacts to specific biological resources are given
below.
BR-8 For all the sensitive species listed in Table 5.7.1, preconstruction surveys shall
be conducted to verify their presence at known sites and at potential sites where the
project could impact these species. If present, impacts are to be avoided or minimized
by narrowing the alignment adjacent to potential dens, nests or aquatic areas. If
avoidance is not feasible, specific mitigation measures for these species will be
determined through consultation with USFWS and CDFG through CESA and FESA.
Formal consultation and obtaining of Incidental Take Permits would be required if the
federally listed species could be encountered and affected.
BR -9 To protect the San Joaquin Kit Fox the following measures shall be
implemented:
a) Within 30 days prior to initiation of grading or other construction, the
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Applicant shall hire a qualified biologist acceptable to the USFWS, CDFG, and the
County Environmental Coordinator, to conduct a pre - construction survey for known
and potential kit fox dens. A letter shall be submitted to the Dept. of Planning and
Building prior to issuance of construction permits confirming the completion of this
survey.
b) Before any grading or construction activities commence, all personnel
associated with the project shall attend a worker education program regarding the
sensitive biological resources potentially occurring in the project area (i.e., San
Joaquin kit fox). Specifics of this program shall include kit fox life histories and
careful review of the mitigation measures implemented to reduce impacts. A fact sheet
conveying this information shall also be prepared for distribution to all contractors,
their employers, and other personnel involved with construction of the project. The
Dept. of Planning and Building shall be notified of the time that the applicant intends
to hold this meeting.
C) To prevent entrapment of the kit fox during the construction phase of the
project, all excavation, steep - walled holes, or trenches in excess of 2 feet in depth
shall be covered at the close of each working day by plywood or similar materials, or
filled. Trenches shall also be inspected for entrapped kit fox each morning prior to
onset of field activities and immediately prior to covering with plywood at the end of
each working day. Before such holes or trenches are filled, they shall be thoroughly
inspected for entrapped kit fox. Any kit fox so discovered shall be allowed to escape
before field activities resume, or removed from the trench or hole by a qualified
biologist and allowed to escape unimpeded.
d) During the construction phase, any pipes, culverts, or similar structures with a
diameter of four inches or greater that are stored at the project site for one or more
overnight periods shall be thoroughly inspected for trapped San Joaquin kit fox before
the subject pipe is subsequently buried, capped, or otherwise used or moved in any
way. If during the construction phase a kit fox is discovered inside a pipe, that section
of pipe will not be moved, or if necessary will be moved only once to remove it from
the path of activity, until the kit fox has escaped.
e) In order not to attract kit fox predators such as-red fox; coyotes, or domestic
dogs to the area, and in order to not attract kit foxes to the site where they can exposed
to increased risk of injury or mortality, all food- related trash items such as food
scraps, wrappers, cans, bottles, etc., generated during the construction phase shall be
disposed of in closed containers only and regularly removed from the site. No
deliberate feeding of wildlife shall be allowed.
f) Any contractor or employee that inadvertently kills or injures a kit fox or who
finds any such animal either dead, injured, or entrapped shall be required to report the
incident immediately to a supervisor overseeing the project. In the event that such
observations are made of an injured or dead kit fox, the Applicant shall immediately
notify USFWS and CDFG by telephone, contact information for these agencies shall
be included with the project contact list prior to the project commencement. In
addition, formal notification shall be provided in writing within three working days of
the finding of any such animal(s). Notification shall include the date, time, location,
and circumstances of the incident. Any threatened or endangered species found dead
City of San Luis Obispo CECA FINDINGS Exhibit A
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Page 54
or injured shall be turned over immediately to the CDFG for care, analysis, or
disposition.
If any potential or known San Joaquin kit fox dens are subsequently observed during
the required pre- activity survey, the following mitigation measures shall apply:
g) Fenced sensitive resource zones shall be established by the project biologist
around all known or potential kit fox dens that can be avoided but may be
inadvertently impacted by project activities. Sensitive resource zone fencing shall
consist of either large flagged stakes connected by rope or cord or survey laths or
wooden stakes prominently flagged with survey ribbon. Each sensitive resource zone
shall be roughly circular in configuration with a radius of the following distance
measured outward from the den or burrow entrances:
• Potential kit fox den: 50 feet
• Known kit fox den: 100 feet
• Kit fox pupping den: 150 feet
h) If the sensitive resource zone intersects a road, only essential vehicle
operation shall be allowed on the road . within the sensitive resource zone, and simple
foot traffic shall be permitted within these sensitive resource zones. Otherwise, all
project activities such as vehicle operation, materials storage, etc., shall be prohibited.
Sensitive resource zones shall be maintained until all project - related disturbances have
been terminated and then shall be removed. If specified sensitive resource zones
cannot be observed for any reason, USFWS and CDFG shall be contacted for
guidance prior to ground disturbing activities on or near the subject den or burrow.
If any known San Joaquin kit fox dens are discovered within the project area which
shall be unavoidably destroyed by the proposed project, excavation of these kit fox
dens shall not proceed without authorization from USFWS and CDFG.
Prior to project construction the Applicant shall consult with USFWS and CDFG to
evaluate the appropriate participation in a kit fox conservation program. The Applicant
will prepare a Habitat Evaluation Form using a qualified biologist to determine the
appropriate level of offsite habitat mitigation necessary to offset any permanent toss of
kit fox habitat, especially associated with the Camp Roberts storage tanks and pump
station. Permanent habitat loss will be offset at the appropriate ratio through either
land acquisition, a conservation easement or in -lieu fees.
BR -10 Construction techniques to be implemented to protect oak trees and oak
woodlands (i.e., blue oak woodland, valley oak woodland, coast live oak woodland,
and digger pine -oak woodland):
In accordance with the County's guidance on oaks and Assembly Bill No. 242 to add
Article 3.5 to Chapter 4 of Division 2 of the CDFG Code relating to oak woodland
conservation, and with all local related policies and ordinances (e.g., City of Paso de
Robles Oak Tree Preservation Ordinance, Camp Roberts Integrated Natural Resources
Management Plan) the final project design shall target maximum avoidance of oak
trees. If avoidance is not feasible the Applicant shall prepare an Oak Tree and
Woodland Mitigation Plan, which shall be prepared by a certified arborist and shall
City of San Luis Obispo CEQA FINDINGS Exhibit A
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contain but not be limited to the following measures:
a) The construction ROW easement shall be narrowed to a maximum of 30 feet in
width through oak woodland habitat (i.e., areas suitable for the establishment of oak
woodlands). During final design, the project biologist and project engineer shall
identify the most appropriate location for the narrowed corridor, taking into account
the preservation of as many individual oak trees as possible with the engineering
requirements of the proposed project. All areas requiring this sensitive resource zone
shall be clearly shown on all construction plans, and prior to the onset of construction,
flagged by the project biologist/construction monitor. If determined necessary by the
County Environmental Coordinator, a preconstruction survey shall be conducted by
the project biologist to accurately map oak woodlands that would be unavoidably
impacted.
b) Construction machinery ingress, egress, and staging areas shall be placed away
from woodlands and individual oak trees, and shall not be driven under the canopies
of oak trees.
c) Disposal or storage of fill or excavated soil is prohibited within the dripline of all
oak trees.
d) During construction near oak trees, no fasteners may be used on the trees.
e) All reasonable measures shall be taken to avoid moving dead and downed oak logs.
f) All oak trees immediately adjacent to construction areas shall be protected by
erecting temporary fencing at the drip line of the woodland canopy or around
individual trees.
g) Any necessary oak tree pruning shall conform to the standards of the International
Society of Arboriculture and done under supervision of a certified arborist. Pruning
shall be carried out in such a manner as to maintain a natural - looking tree form upon
completion of pruning; practices such as stub cuts, topping, flush cuts, and random
branch removal shall be avoided. All pruning cuts shall correspond with the branch
collar using natural target pruning, and no tree seal shall be used. Pruning or cutting of
roots etc. of individual trees shall be quantified during construction and up to one year
after construction.
h) Oak monitoring shall be done for one year after construction completion. If any oak
trees die either during construction or within one year after construction completion,
the trees shall be replaced at a 3:1 ratio.
i) Individual oak trees that cannot be avoided and must be removed within habitat
types other than oak woodlands shall be replaced at a 4:1 replacement ratio in
accordance with the County's mitigation policy for loss of individual oak trees.
j) For every area of oak woodland habitat that is removed, oak woodland habitat shall
be restored onsite or replaced offsite at an agreed upon offsite location with an equal
area (3:1 replacement ratio).
k) Offsite replacement for oak woodlands shall be at locations that currently support
disturbed or nonnative habitats. Each of the four oak woodland habitat types that
would be disturbed shall be replaced or restored with a similar density of oak trees by
City of San Luis Obispo CEQA FINDINGS Exhibit A
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species as found in the impacted habitats. The Flood Control and Water Conservation
District (FCWCD) shall prepare a detailed oak woodland restoration plan for this
project. The VRRP shall contain detailed information on oak woodland replacement
and address any issues of concern. Areas suitable for creation of oak conservation
areas for replacement offsite shall be evaluated. Feasibility of purchasing land for oak
conservation areas shall be evaluated.
1) Specifically on Camp Roberts and Camp San Luis Obispo, compliance with the
Camp Roberts Integrated Natural Resources Management Plan (INRMP) is required
as follows:
-- hand digging, mechanical digging, and blade work are prohibited under the
drip lines of standing live or dead oak trees; if digging under the drip lines of oaks is
unavoidable, any damage that ensues will be subject to mitigation (replacement);
-- 3:1 replacement for damaged or removed oaks;
-- collection of acorns from the area of impacted oaks, planting at densities
approved by CA ARNG, planting during January- February, watering if necessary;
— minimum of five (5) years of monitoring, 3:1 survivorship ratio, preparation of
annual monitoring reports, and compliance with all other INRMP oak management
stipulations.
m) These oak tree avoidance and monitoring procedures shall also be followed for
construction in all areas in the vicinity of oak trees along the construction route.
BR -11 The VRRP shall include details on needlegrass grassland habitats. The
restoration of needlegrass grasslands shall include salvaging of topsoil, recontouring
the impact area to its original contours, and revegetating this area with purple
needlegrass, nodding needlegrass, and foothill needlegrass plugs at the appropriate
time of year (November- January). This will require onsite seed collection and
contract - growing of plugs by a nursery with demonstrated experience in propagating
native plants.
The needlegrass grassland areas in the project corridor also include several highly
sensitive sites with serpentine rock outcrops (i.e., serpentine bunchgrass community).
Seed and bulbs from native forb and corm species indigenous to the serpentine
grassland sites also shall be collected and reseeded or planted into the restoration
areas. Forb species found in the impact areas appropriate for reseeding including
California poppy, morning glory; fascicled tarweed, dot -seed plantain, Canterbury
bells, and yerba santa. Corm - forming species found in the impact areas (e.g., wild
onion, golden bloomeria, soap plant) shall be salvaged en masse with the topsoil and
replanted in the impact areas after construction. These measures will ensure that the
genetic integrity of the needlegrass, native forb, and corm - forming species that are
locally adapted to serpentine soils are preserved. Several special status plant species to
be impacted in serpentine bunchgrass habitat shall be salvaged and replanted as
described below under special status plants.
The selected mitigation area shall be monitored by a qualified biologist for
needlegrass plug survival at 1 month, 3 months, and 6 months following planting; all
plug losses below 80% shall be replaced at the appropriate time of year. The percent
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cover of native forbs, corm - forming plants, and needlegrass shall be monitored using
transects or quadrants and compared with adjacent undisturbed native grassland
habitat.
BR -12 As part of the VRRP, chaparral, central coastal scrub, and nonnative grassland
shall be revegetated and restored using topsoil salvage, recontouring disturbed areas to
their original contours, and hydroseeding impacted areas with species characteristic of
the impacted vegetative community. Appropriate species for erosion control purposes
and eventual native shrub and herb cover shall be used. Because native grassland
species are likely to be out - competed by nonnative species, and native bunchgrasses
require hand - planting, it is recommended that grassland impact areas be hydroseeded
with a ground cover mix. Hydroseeded areas shall be monitored by a qualified
biologist for seed viability and overall success. Areas shall be re- hydroseeded after 30
days if germination success is low. Topsoil salvage specifications, hydroseed mixes,
and seed proportions for individual sites shall be specified in the detailed mitigation
plan for this project.
BR -13 To protect San Luis Mariposa lily, Brewer's spineflower, Cambria morning
glory, Chorro Creek bog thistle, Obispo Indian Paintbrush, Jones Layia, Dwarf
Soaproot, Most Beautiful Jewel -flower and Blochman's dudleya, the following shall
be implemented in the Chorro Creek area. The location of all plant populations in or
adjacent to the alignment shall be clearly shown on construction maps and labeled as
sensitive areas that shall be avoided. These populations shall be flagged by a qualified
biologist and protected with temporary fencing prior to construction. During the final
project design phase, slight shifts and narrowing of the proposed construction ROW
will be required to avoid all the sensitive plant habitats listed in FEIR Table 5.7.1
(FEIR page 5.7 -7).
FCWCD shall prepare detailed mitigation plan for salvage and restoration of these
special status plant populations, if complete avoidance is not possible. Those
individual plants to be impacted shall be salvaged and transplanted into appropriate
habitat within or adjacent to the alignment after project construction is completed.
Seed saving and nursery propagation before reintroduction may be necessary for
restoration of Brewer's spineflower and possibly Blochman's dudleya populations.
Any salvaging effort shall be conducted when the plants are dormant (i.e., late July
through September), and transplantation or reintroduction shall occur in fall or early
winter (September through January). A transplantation plan shall be prepared by the
project biologist and submitted for approval to the Lead Agency prior to the onset of
construction activities. This plan shall include guidelines for salvage of corms and
seed, and salvage and replacement of topsoil and serpentine boulders. The plan shall
also address guidelines for storage of plant material in the event that there is a delay
between the salvage and transplantation efforts. Plant material storage guidelines shall
include, at a minimum, the method(s) of storage and the storage facility (name and
address of the institution, etc.). The plan shall also include specific information
documenting the suitability of the receiver site (i.e., soils, existing vegetation, etc.),
transplantation techniques, and a monitoring program Transplanted corms and plants
shall be marked and subsequently monitored during the blooming period for a
minimum of three years. A status report documenting all aspects of the plan shall be
submitted to the Lead Agency within one month of the final transplantation effort.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 58
Exhibit A
Thereafter, yearly monitoring reports shall be submitted in September to the Lead
Agency.
BR -14 To protect San Luis Obispo Sedge and Cuesta Pass Checkerbloom,
construction ROW shall be narrowed as feasible where these plants occur (see Table
5.7.1). The location of all plants in or adjacent to the alignment shall be clearly shown
on construction maps and labeled as sensitive areas that shall be avoided. The limits of
the population in or adjacent to the alignment shall be flagged by a qualified biologist
prior to construction. A mitigation plan would be required for propagation and
reintroduction of the species into appropriate habitat.
BR -15 To protect Shinning Navarretia, Straight -Awned Spineflower, Dwarf
Calycadenia, Prostrate Navarretia, San Benito spineflower, and Lemmon's
Jewelflower, direct impacts shall be avoided by narrowing the construction ROW in
those segments of the proposed alignment where they occur. The location of all plants
in or adjacent to the alignment shall be clearly shown on construction maps and
labeled as sensitive areas that shall be avoided. The limits of the population in or
adjacent to the alignment shall be flagged by a qualified biologist prior to
construction. If avoidance is not possible, impacts to these sensitive plant species
would be adverse because of the relatively high sensitivity of the species (CNPS List
1B). A mitigation plan would be required for propagation and reintroduction of the
species into appropriate habitat.
BR -16 Potential impacts to special status bird species (in particular the Bald eagle,
California condor, Yellow Warbler, Least Bell's Vireo, and Southwestern Willow
Flycatcher) may be mitigated by implementing the general mitigation measures - BR-
1 through BR-6. Impacts to avian species shall be avoided by not allowing
construction during the breeding season in habitats special status birds are known to
be breeding. Preconstruction surveys shall be conducted to assess the presence or
absence of special status bird species in their breeding habitats, and areas that are in
use will be flagged and avoided until the end of the breeding season.
To protect Bald eagle during November through March avoid construction at locations
in Camp Roberts where bald eagles have been spotted. Prior to beginning any
construction activities, a survey for nesting bald eagles shall be performed by a
qualified biologist. If a nest is discovered, construction activity shall not occur within
800 meters (2,400 feet) of the nest from 1 January to 31 August, or as stipulated by
the U.S. Fish and Wildlife Service.
To protect California condor, work shall be halted by the environmental monitor if the
bird(s) is observed in the vicinity. Work can be resumed only after the project
biologist has determined that the bird has moved far enough away that resuming work
will not result in disturbance of the bird.
Findings
Implementation of the mitigation measures would reduce the potential impacts to
biological resources to not significant with mitigation (Class H).
Supportive Evidence: It is required that the applicant obtains an Incidental Take Permit if there is a
possibility that a "take" of federally listed species could occur (see Section 5.7.2 for definitions). Federal
Endangered Species Act, Section 7 requires Federal agencies to have a formal consultation with the
USFWS to ensure that actions they fund, authorize, permit, or otherwise carry out will not jeopardize the
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 59
Exhibit A
continued existence of any federally listed species or adversely modify designated critical habitats. If the
project is conducted within a federal property (e.g., Camp Roberts), a formal consultation as per the
Endangered Species Act may be required (e.g., for the endangered species on Camp Roberts lands such as
vernal pool fairy shrimp and San Joaquin kit fox, and others).
Impact BR.2
Impacts to riparian, water, and wetlands habitats and their biological resources from
construction activities (FEIR page 5.7 -31).
Mitigation
BR -17 Construction activities within and/or immediately adjacent to all creek
crossings, wetlands, special status plant species populations, or suitable habitats of
special status wildlife of the pipeline shall be limited to a 15- to 30 -foot corridor.
Specific sites for this limitation would include pipeline crossings at Salinas and
Nacimiento Rivers and San Marcos, Santa Margarita, Tassajara, Trout, Yerba Buena,
and Chorro Creeks. Other creek crossings may be included as determined by the
project biologist.
BR -18 The following construction techniques shall be utilized when constructing
through drainages or within riparian areas:
- Equipment access and construction shall be conducted from the banks rather
than from within the drainage to the extent feasible. Prohibited activities within
drainages or other wetland areas include staging areas and disposal or temporary
placement of excess fill.
- Trenching shall be scheduled during periods of minimum flow (i.e., summer
through the first significant rain of fall, usually July through October) to avoid erosion
and downstream sediment deposition and to avoid impacts to drainage- dependent
species such as California red - legged frog or southwestern pond turtle. Construction
through riparian or other wetland areas shall also be scheduled to avoid the breeding
season (March- September) and potential impacts to sensitive, riparian-obligate bird
species such as yellow warbler, southwestern willow flycatcher, and least Bell's vireo.
- To the degree practicable, avoid any activity that places fill in or otherwise
affects wetlands and streams.
BR -19 The following shall be observed during the final design of the project:
- Should it be infeasible to avoid any of the sensitive species listed in Table
5.7.2 (FIER page 5.7 -21) during creek crossings, the Applicant shall utilize directional
drilling or other non - invasive technique to avoid disturbance of sensitive species
and/or habitat.
- In planning construction adjacent to streambeds, place pipeline route away
from streambed edges.
- If suspended pipe crossings are used, design footings with as small a
footprint in streambeds and riparian vegetation as possible.
- Minimize disturbance to riparian woodlands.
To prevent erosion - related impacts to biological resources during construction,
construction activities would be accomplished according to an Erosion Control Plan.
'U
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 60
Erosion and sedimentation impacts shall be mitigated by employing standard erosion
control procedures such as use of silt fencing, sandbagging, diversion ditches, and
stream bank stabilization procedures. These measures are summarized as DE -1 and
DE -2, and DE -8 through DE -11 in Section 5.3, Drainage, Erosion and Sedimentation,
and shall be implemented accordingly.
In addition, the following mitigation measure to prevent impacts due to dewatering
shall be implemented:
BR -20 If preconstruction surveys indicate that habitat conditions on any drainage
within the project area are suitable fora specific sensitive species, then dewatering of
that drainage shall be avoided during potential reproduction or movement periods.
Dewatering activities at known sensitive amphibian and reptile habitat, such as Chorro
Creek, shall be avoided. If avoidance at potential habitat areas is not possible,
preconstruction surveys shall be conducted, as outlined above, and all individual
sensitive animals relocated to refugia elsewhere along the same drainage.
In order to prevent impacts from fuels or other hazardous materials getting into
riparian or aquatic habitats, "no fueling" zones shall be designated wherein fueling of
vehicles or equipment is prohibited within 25 feet of all drainages, therefore measure
WQ -1 shall be implemented (see Section 5. 1, Hydrology and Water Quality).
In addition, the following mitigation measure shall be implemented:
BR -21 All equipment used in or near drainages shall be clean and free of leaks and/or
grease. Emergency provisions shall be in place at all drainage crossings prior to the
onset of construction to deal with accidental spills.
To protect wetlands, existing canopy and shrub cover and the existing outlook of the
streams the following mitigation measures shall be implemented.
BR -22 The VRRP shall also address wetland replacement. The replacement or
restoration plan shall detail all impacts to wetland habitats as a result of the project
and will specify in -kind replacement of habitat quality. For riparian woodland and
scrub communities, habitat replacement shall be required at 3:1 and 2:1 ratios,
respectively, or greater. Mitigation for disturbed wetlands shall be at a 3:1 ratio.
Mitigation for all riparian vegetation within Camp Roberts and Camp Luis Obispo
shall be at a 3:1 ratio.
As much as feasibly possible, salvaging and replanting of vegetation shall be done.
The original contours of stream beds and ponds shall carefully be restored to their
original configuration, including the salvaging and replacement of boulders and
cobbles. Container planted shrubs and trees and species to be seeded in the riparian
mitigation areas shall be based on the species composition of the impacted wetlands
and specified in the riparian mitigation plan. The precise proportions and special
arrangement of the plantings also shall be specified in the VRRP. In many cases, it
may be necessary to hydroseed native herbaceous species on banks and planting plugs
of wetland species in the channel. Mitigation for impacts to disturbed wetlands and
unvegetated waters can likely take place within the alignment. Likewise, onsite
mitigation for woodland and scrub communities may occur within the alignment,
although additional offsite mitigation (i.e., outside the alignment) will likely be
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 61
required to accommodate required mitigation ratios.
Mitigation measures relating to specific sensitive species are outlined below.
BR -23 At all wetlands, vernal pools, bulldozer scrapes, low -lying areas that may
pond water and roadside ditches where vernal pool fairy shrimp could be directly
impacted, assume presence of the species if preconstruction surveys for 2 years during
wet season can not be conducted to determine presence or absence. If present (or
presence is assumed), the alignment shall be shifted to avoid the species, if possible. If
impacts to the species are unavoidable the Applicant shall obtain authorization for
Incidental Take Permit from the US Fish and Wildlife Service prior to construction
(refer to Measure BR -S).
Relocate staging area that is proposed to be near Nacimiento River (near Sta. 145+00)
to be located away from documented vernal pool in the vicinity, and at least 100 feet
from the river.
BR -24 All drainages affected by the project and with known occurrences of steelhead
trout, arroyo chub, and tidewater goby, or with the potential to support these species
shall be surveyed for presence of these species at the crossing and 500 feet up and
down the stream prior to commencement of construction. Preconstruction surveys
shall include the Salinas River and major tributaries the proposed pipeline would cross
San Marcos, Santa Margarita, Chorro, San Luis Obispo, Trout, and Yerba Buena
Creeks. The presence or absence of special status fish species shall be determined and
the potential for habitat to support these species shall be reassessed. If a.special status
fish species is detected, the fish shall be captured and relocated downstream.
Relocation of Listed-species requires a formal consultation for obtaining an ITP (see
FEIR section 5.7.2), therefore time shall be allowed in the project schedule for the
consultation and obtaining of the ITP.
If relocation is not feasible, construction will avoid the spawning season for those
species. If the tidewater goby, arroyo chub, or steelhead trout are found at Chorro
Creek, the creek crossing shall be done via directional boring under the creek, relocate
pipeline away from the Creek bed as far as feasible, if not feasible and impacts are
expected, the Applicant shall consult with the National Marine Fisheries Service and
CDFG to obtain an ITP and/or obtain a Streambed Alternation Agreement.
BR -25 At all drainages affected by the project and with known occurrences of
California red - legged frogs, western spadefoot toad, southwestern pond turtles,
California tiger salamander, and arroyo southwestern toads or with the potential to
support these species shall be surveyed for presence of these species at the crossing
and 500 feet up and down the stream prior to commencement of construction. If
present, the alignment shall be shifted to avoid the species, if possible. If this is not
feasible, the frogs or turtles shall be captured and relocated to refugia outside the
impact area. Appropriate refugia shall be located on the same drainage and shall
support high - quality species habitat. In addition, the impact area shall be recontoured
subsequent to construction to approximate high - quality habitat. Relocation of the
California red - legged frog and arroyo southwestern toad would require approval from
USFWS and CDFG. If these agencies do not allow for such a relocation program,
Chorro creek crossing shall be done via directional boring under the creek.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 62
Exhibit A
Findings
Implementation of the mitigation measures would reduce the potential impacts to not
significant with mitigation (Class II).
Supportive Evidence: Implementation avoids potential impacts to sensitive species. Similar mitigation
measures for projects in the past have resulted in avoidance of impacts to biological resources.
Impact BR.3
Impacts to wildlife from noise due to the project construction and operation phases
(FEIR page 5.7 -36).
Mitigation
BR -26 Preconstruction surveys shall be conducted in riparian areas for presence of
sensitive bird species no earlier than March 15 and at least three visits shall occur
between this date and June 15. If no sensitive breeding birds are detected by June 15,
it can be assumed that they will not nest in that location for that year and construction
can proceed.
If sensitive breeding birds are detected, construction activities shall be limited to those
which will not produce significant noise impacts during the breeding season of the
particular bird species (e.g., March 15 to September 15). Exact breeding time interval
shall be determined by the qualified biologist.
Preconstruction surveys shall be conducted in San Joaquin kit fox habitats for
presence of kit fox dens. No construction shall be conducted near the kit fox dens
during pupping season (December — April).
Findings
Implementation of the mitigation measures would reduce the potential impacts to not
significant with mitigation (Class II).
Supportive Evidence: To prevent noise impacts, mitigation measures N -1 through N -7 would be
implemented (see FEIR Section 5.5, Noise). Avoidance of construction during breeding seasons and in
the vicinity of nests /dens typically reduces impacts to the biological resources.
Impact BRA
Impacts to wildlife in drainages due to erosion, sedimentation and dewatering (FEIR
page 5.7 -36).
Mitigation
Implementation of the mitigation measures BR -17 through BR -20 that mitigates direct
impacts to the wetland, riparian, and aquatic life, would mitigate this impacts as well.
No other mitigation measures are necessary.
Findings
Implementation of the listed mitigation measures would reduce the potential impacts
to not significant with mitigation (Class II).
Supportive Evidence: Aquatic species would be affected (potential injury or mortality) if remained in the
stream bed during dewatering.
Impact BR.S
Impacts to plants from dust emission due to the project construction phase. (FEIR
page 5.7 -37)
Mitigation
Dust reduction measures described in Section 5.4, Air Quality, subsection 5.4.4,
(Mitigation Measure A -1) shall be implemented. After implementation of these
r� o
City of San Luis Obispo CECA FINDINGS
Nacimiento Water Project
Page 63
Exhibit A
Cultural Resources
measures, impacts to biological resources would become insignificant.
Findings
Implementation of the dust reduction measures would reduce the potential impacts to
significant and important paleontology resources. (FEIR page 5.8 -66)
plants to not significant with mitigation (Class 1I).
Supportive Evidence: Little information exists on the effects of dust on plants. However, continual cover
of dust could potentially reduce the overall vigor of individual trees and shrubs by reducing their
photosynthetic capabilities and increasing their susceptibility to pests or disease. These effects would
likely require long -term exposure to dust. Nonetheless, any potential indirect impacts to plants as a result
of fugitive dust emissions created by construction activities shall be mitigated by employing standard air
quality control procedures such as regularly watering areas of bare ground.
subsurface excavation work including trenching, boring, grading, use of staging areas
Impact BF-9
Impacts to riparian habitat due to construction of the water discharge areas in the
exposed sensitive geological formations. A qualified professional paleontologist that
vicinity of Salinas River. (FEIR page 5.7 -39)
Mitigation
Avoidance or sensitive species relocation program would be accomplished by
prepare the plan. The plan shall address (but not be limited to) the following issues:
implementation of measures BR -23 and BR -25. The VRRP shall also be implemented
1. Training program/workshops for all construction and field workers;
for the discharge areas construction (measure BR -22).
Findings
Implementation of these mitigation measures would reduce the potential impacts to
3. How the monitoring shall be conducted and required format and content of
Salinas River riparian habitat to not significant with mitigation (Class In.
Supportive Evidence: Avoidance of the sensitive species would reduce severity of the impact.
Cultural Resources
Impact CRl
Soil moving construction activities (e.g., trenching, excavating) could impact
significant and important paleontology resources. (FEIR page 5.8 -66)
Mitigation
CR -I Prior to authorization to proceed or issuance of permits, the applicant shall
submit a paleontological resources monitoring plan to the appropriate jurisdiction for
review and approval. Monitoring shall be required for all surface alteration and
subsurface excavation work including trenching, boring, grading, use of staging areas
and access roads, and driving vehicles and equipment within the boundaries of all
exposed sensitive geological formations. A qualified professional paleontologist that
is approved by the Lead Agency in consultation with all affected jurisdictions shall
prepare the plan. The plan shall address (but not be limited to) the following issues:
1. Training program/workshops for all construction and field workers;
2. Person(s) responsible for conducting monitoring activities;
3. How the monitoring shall be conducted and required format and content of
monitoring reports;
4. Person(s) responsible for overseeing and directing the monitors;
5. Schedule for submittal of monitoring reports and person(s) responsible for
review and approval of monitoring reports;
6. Clear delineation and fencing off if necessary of sensitive geological
formations/ paleontology resources requiring monitoring within each pipeline reach-
o
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 64
(onsite, only the construction foreman, environmental monitor, and project engineer
shall have access to this information);
7. Physical monitoring boundaries (e.g. 100 feet each side of formation);
.8. Protocol for notifications in case of encountering of cultural resources, as
well as methods of dealing with the encountered resources (e.g., collection,
identification, curation);
9. Methods to ensure site security;
10. Protocol for notifying local authorities (i.e. Sheriff, Police) should site
looting and other illegal activities occur during construction.
CR -2 Prior to authorization to proceed or issuance of permits, the applicant shall
retain a qualified professional paleontologist to monitor construction activities
pursuant to the approved paleontological resources monitoring plan. The monitoring
shall include inspection of exposed rock units and microscopic examination of matrix
to determine if fossils are present, preparation of monthly progress reports and filed
with the applicant, the Lead Agency, and the appropriate jurisdiction pursuant to the
approved paleontological resources monitoring plan. The monitor (professional
paleontologist or their representative) shall have authority to temporarily divert
grading and construction equipment away from exposed fossils to recover the fossil
specimens if fossils or other resources are encountered.
CR -3 Prior to authorization to proceed or issuance of permits, the applicant shall
present an agreement to pay associated curation fees to the chosen accredited
repositories.
In the event that fossils are discovered, the following mitigation measures shall be
implemented to reduce the significance of the impacts to paleontology resources:
CR -4 In the event fossils are discovered by the retained monitor during
construction, the professional paleontologist (or their representative) shall ensure the
implementation of the following measures as necessary:
- Fossils shall be collected, prepared, tested or identified by qualified experts,
and listed in a database to allow analysis;
- At each fossil locality, field data forms shall record the locality, stratigraphic
columns shall be measured when possible, and appropriate scientific samples
submitted for analysis; and
- The qualified professional paleontologist shall recommend one or more
accredited repositories for collected fossils depending on the abundance and origin of
those fossils.
CR -5 Prior to final inspection of the completed project, the applicant shall submit a
final mitigation report prepared by the retained professional paleontologist to the Lead
Agency, the appropriate jurisdiction, and the chosen accredited repository pursuant to
the approved paleontological resources monitoring plan.
Findings Implementation of the measures recommended above will ensure that any significant
fossils encountered in the identified sections of the excavations will be properly
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 65
Exhibit A
considered for their scientific value. Therefore, this impact is not significant with
mitigation (Class 11).
Supportive Evidence: Two technical reports on cultural and paleontological resources of the project site
have been prepared by Gibson's Archaeological Consulting (Inventory of Prehistoric, Historic,
Paleontology, Geomorphology and Geological Resources for the Nacimiento Water Supply Pipeline
Project, San Luis Obispo County, CA, November 1996 and January 30, 2003). These reports are herein
incorporated by reference and because of the confidential nature of the information, may be reviewed by
qualified persons on a "need -to- know" basis at the Environmental Division of the San Luis Obispo
County Planning and Building Department, County Government Center, San Luis Obispo, California.
These reports identify all cultural, paleontological and archaeological existing and potential resources that
are in proximity to the proposed project sites. Most of the resources are sufficiently far from the project
sites that significant impacts are not expected. For the resources that have potential to be impacted by the
project, the proposed mitigation measures would be sufficient to mitigate to the level of insignificance.
Impact CR.2
Soil moving construction activities (e.g., trenching, excavating) could impact
significant and important geomorphology resources. (FEIR page 5.8 -70)
Mitigation
Mitigation Measures CR -1, CR -2 and CR -3 shall be implemented for the segments of
the project area listed in the above Tables. In the event that sensitive resources are
encountered, Mitigation Measures CR-4 and CR -5 shall be implemented. None
additional.
Findings
After implementation of the proposed mitigation measures, residual impacts to
geomorphology resources would be not significant with mitigation (Class 11).
Supportive Evidence: Two technical reports on cultural and paleontological resources of the project site
have been prepared by Gibson's Archaeological Consulting (Inventory of Prehistoric, Historic,
Paleontology, Geomorphology and Geological Resources for the Nacimiento Water Supply Pipeline
Project, San Luis Obispo County, CA, November 1996 and January 30, 2003). These reports are herein
incorporated by reference and because of the confidential nature of the information, may be reviewed by
qualified persons on a "need -to- know" basis at the Environmental Division of the San Luis Obispo
County Planning and Building Department, County Government Center, San Luis Obispo, California.
These reports identify all cultural, paleontological and archaeological existing and potential resources that
are in proximity to the proposed project sites. Most of the resources are sufficiently far from the project
sites that significant impacts are not expected. For the resources that have potential to be impacted by the
project, the proposed mitigation measures would be sufficient to mitigate to the level of insignificance.
Impact CR3
Soil moving construction activities (e.g., trenching, excavating) could impact
significant and important prehistoric cultural resources (FEIR page 5.8 -71).
Mitigation
CR -6 Prior to authorization to proceed, or issuance of permits, the applicant shall
prepare and submit a cultural resources monitoring plan to the appropriate jurisdiction
for review and approval. Monitoring shall be required for all surface alteration and
subsurface excavation work including trenching, boring, grading, use of staging areas
and access roads, and driving vehicles and equipment within the boundaries of all
exposed sensitive cultural resources. A qualified professional archaeologist (cultural
resources monitor) that is approved by the Lead Agency in consultation with all
�I
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 66
affected jurisdictions shall prepare the plan. The plan shall address (but not be limited
to) the following issues:
1. Training program for all construction involved in site disturbance and field
workers;
2. Person(s) responsible for conducting monitoring activities;
3. How the monitoring shall be conducted and required format and content of
monitoring reports, including any necessary archaeological re- survey of the final
pipeline alignment, assessment,. designation and mapping of the sensitive cultural
resource areas on final project maps, assessment and survey of any previously un-
surveyed areas;
4. Person(s) responsible for overseeing and directing the monitors;
5. Schedule for submittal of monitoring reports and person(s) responsible for
review and approval of monitoring reports;
6. Procedures and construction methods to avoid sensitive cultural resource
areas (i.e. boring conduit underneath recorded or discovered cultural resource site);
7. Clear delineation and fencing off if necessary of sensitive cultural resource
areas requiring monitoring within each sub - segment;
8. Physical monitoring boundaries (e.g., 100 feet each side of a site);
9. Protocol for notifications in case of encountering of cultural resources, as
well as methods of dealing with the encountered resources (e.g., collection,
identification, curation);
10. Methods to ensure security of cultural resources sites;
11. Protocol for notifying local authorities (i.e. Sheriff, Police) should site
looting and other illegal activities occur during construction.
CR -7 Prior to authorization to proceed or issuance of permits, the applicant shall
submit plans to the appropriate jurisdiction for review and.approval showing the
boundaries of all known archaeological and historical sites and a buffer line drawn
100 feet from the boundaries of the known sites along the project route. For any
pipeline segments where soil disturbance is expected and that have not been surveyed
for presence of cultural resources, the Applicant shall ensure that such surveys are
conducted prior to finalizing of the project plans, and results are included into the
project plans and maps prior to submission for authorization. Limited activity may
occur within the 100 -foot buffer area (outside of the boundaries of known sites) as
permitted by the appropriate jurisdiction in consultation with the cultural resources
monitor. Due to high confidential nature of these documents, on site, only the
construction foreman, environmental monitor, and project engineer shall have access
to these plans.
CR -8 Prior to authorization to proceed or issuance of permits, the construction
foreman, project manager(s), and all construction workers associated with the
proposed project that would be involved in site disturbance shall participate in a
cultural resources training/workshop to be conducted by the approved cultural
C' 1' D
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 67
resources monitor. The training shall highlight on the significance of cultural
resources and the legal consequences of looting, disturbing, destroying these resources
or violating approved mitigation measures. A declaration confirming the training's
occurrence shall be prepared by the monitor and signed by all persons in attendance.
This signed declaration shall be submitted to the appropriate jurisdiction.
CR -9 During any soil disturbance activities (e.g., trenching, boring, excavation) in
the locations with the known or potential cultural resources, cultural resource
monitoring shall be conducted by a qualified archaeologist and Native American
monitor familiar with the resource types potentially present in these locations. The
qualified professional archaeologist (or their representative) and Native American
shall conduct monitoring activities based on the cultural resources monitoring plan.
CR -10 The following activities shall be excluded from known designated and
discovered cultural resource sites: 1) excavation; 2) staging equipment, machinery, or
vehicles on undisturbed or exposed portions of the cultural resource; 3) collection,
removal or unnecessary displacement of any artifacts, "eco- facts" or other cultural
remains; 4) stockpiling of imported soils within the designated sensitive area; 5)
removal of native soils outside a sensitive area. Every effort shall be made to contain
and collect any chemical/fuel spills immediately.
In the event of encountering of cultural resources, the following mitigation measures
shall be implemented.
CR -11 In the event unknown archaeological resources are discovered, the following
standards shall apply:
1. Construction activities shall cease, and the project archaeologist shall be
notified so that the extent and location of discovered materials may be recorded by a
qualified archaeologist and disposition of artifacts may be accomplished in
accordance with state and federal law. The project archeological monitor (professional
archaeologist or their representative) shall be responsible to notify the local
jurisdiction.
2. In the event archaeological resources are found to include human remains,
or in any other case when human remains are discovered during construction, the
County or City Coroner shall be notified in addition to the appropriate jurisdictions so
proper disposition may be accomplished.
Several locations with identified cultural resources have been recommended for
archaeological testing prior to proceeding with construction (also see Table 5.8.9).
Each type of testing would be determined for a specific resource by a qualified
archaeologist.
CR -12 Phase II Subsurface Testing. Shall be implemented for the areas where there
is a potential for intact cultural deposits to occur in the pipeline ROW. Two methods
of testing may be used depending on the density of surface artifacts, surface
conditions, and type of cultural site. Which specific testing would be used for which
cultural resource would be determined by a qualified professional archaeologist
depending on the available information at the time of the project.
Backhoe Testing. This is a preliminary testing method designed to determine
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 66
n
Exhibit A
presence or absence of cultural materials particularly in a buried context. Backhoe
testing is only done until the presence of cultural materials and their integrity is
confirmed. For the proposed project, this testing is recommended for the Santa Ysabel
Ranch area between pipeline Sta. 1185 +00 and 1200+00. No definite prehistoric sites
were identified on the surface in this 50 -foot wide ROW area but exist on both sides
of the proposed ROW. Backhoe trenches should be excavated at approximately 100 -
foot intervals along the proposed ROW to a depth slightly greater that the maximum
depth expected for the bottom of the trench for the pipeline. If any intact cultural
deposits are encountered, then a controlled excavation method should be utilized to
define the nature and extend of the cultural materials.
Controlled Excavation. In cases where surface artifacts are present within or
adjacent to the pipeline ROW and could be adversely impacted by actual construction
excavation or staging areas,.a series of controlled test units should be excavated. The
tests shall be planned and executed under supervision of a qualified professional
archaeologist. Typical size should be 1 x 1 meter, excavated in 10 or 20 cm levels,
screened with 1/8" mesh or smaller screen and excavated to sterile soil. In some cases
these can be placed adjacent to pavement where the pipeline is scheduled to go
beneath pavement. This will expose a profile of the cultural strata and allow a
determination to be made about the possibility of intact cultural materials beneath the
pavement that would be impacted by the pipeline construction. Test units should be
placed at approximately 50 -foot increments depending on the density of cultural
materials encountered.
Sample Analysis. Standard analyses including C -14 dating, could be
recommended by a qualified archaeologist to provide information on the boundaries,
content, integrity and significance of cultural resources in the pipeline ROW. This
controlled sample would be used to minimize adverse impacts by providing
information to help define minor re- alignments of the pipe ROW to completely avoid
impacts or greatly minimize them by locating the pipeline in the lowest density areas
of the cultural deposits.
Phase III Data Recovery Program. Finally, after all avoidance and
minimizing of adverse impacts is done, this subsurface testing can be used to develop
a Phase III data recovery program for all unavoidable adverse impacts to significant
cultural resources.
Resource - specific mitigation measures are outlined below. These measures shall be
implemented for a specific prehistoric cultural resource and are mostly related to those
resources where significant adverse impacts can be avoided by relocating the
proposed pipeline and facilities to a different place, typically not more that 100 feet
from the proposed location.
CR -13 Prehistoric Cultural Resource (PCR) #2. Prior to construction in this area, a
small scale subsurface testing program should be conducted along the edge of the road
to determine if any significant cultural materials are present and if they would be
affected by the pipeline construction. If present, the testing could define the
boundaries of the cultural materials and the pipeline could be moved north of the dirt
road, perhaps no more than 30-50 feet to avoid adverse impacts to all cultural
� C
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 69
materials from this site.
CR -14 PCR #4. It is recommended that the pipeline be located along the south side of
the dirt road in areas of deepest cut. SLO -1169 could be completely avoided by
moving the pipeline ROW upslope of the dirt road to the west by approximately 60-
feet. If avoidance is not possible, additional subsurface testing would be needed to
supplement existing information and define the boundaries, content and significance
of the cultural resources of this site. Based on the Phase H testing, appropriate
recommendations can be made regarding treatment of any significant cultural
resources that would be affected by the proposed pipeline.
A large staging area, 200 -feet by 600 -feet that would cover most of PCR #4 site shall
be moved from this location entirely. Another location along the actual pipeline ROW
shall be selected. One possible location for this staging area could be near Sta.
130+00.
CR -15 PCR #5. It is recommended that subsurface testing be conducted along the
south edge of the Boy Scout Road to determine if any cultural materials exist in the
pipeline ROW. If the cultural deposit is shallow, the approximately 1 -foot deep
grading of the road may have removed the cultural deposit. If materials extend deeper,
then the pipeline could encounter additional materials beneath the road. If avoidance
is not possible, additional subsurface testing would be needed to define the
boundaries, content and significance of the cultural resources of this site. Based on the
Phase 11 testing, appropriate recommendations can be made regarding treatment of
any significant cultural resources that would be affected by the proposed pipeline.
CR -16 PCR #7. Due to the fact that the site has been deemed eligible for NRBP
status and it is costly and time consuming to meet both state and federal requirements,
it is strongly recommended that the pipeline ROW be re- aligned and moved south of
Boy Scout Road before entering the west end of SLO -1180. If the pipeline remains
south of it and crosses Dry Creek to meet West Perimeter Road, adverse impacts to
the west locus could probably be avoided. Subsurface testing would be needed to find
the best route south of SLO -1180 that would avoid impacting significant cultural
materials. If re- routing were not possible,.then an extensive testing and mitigation
program would be required for this location.
CR -17 PCR #9. Subsurface testing is recommended where the access road meets San
Marcos Road to determine if any cultural materials from this prehistoric site are
present and would be impacted. If the entrance road begins 150 -feet to 300 -feet east of
the existing General's Road gate, it may avoid this prehistoric site. If preliminary
testing cannot avoid cultural materials then additional testing would be needed to
determine the boundaries, context and significance of this site and to develop
appropriate recommendations.
CR -18 PCR #14. It is recommended that the proposed pipeline be moved east
approximately 100-20 feet to the toe of the slope and east of the barbed wire fence.
Subsurface testing is recommended to find an area east of the proposed pipeline ROW
that would avoid impacting cultural materials from this newly recorded prehistoric
site. If preliminary testing cannot avoid cultural materials then, additional testing
would be needed to determine significance and appropriate actions.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 70
Exhibit A
Land Use
CR -19 To avoid impacts to PCR #16 through #23 place the pipeline ROW adjacent
The proposed project would be potentially consistent with Goals 15 (Provide additional
to the pavement of El Camino Real and west of the rail road tracks starting just north
public resources, services and facilities to serve existing communities in sufficient time to
of Sta. 2015+00 and follow that alignment through the town of Santa Margarita to
avoid overburdening existing resources, services, and facilities) and 16 (Avoid the use of
Sta.2105 +00.
public resources, services and facilities beyond their renewable capacities, and monitor
CR -20 PCR #24. To avoid this prehistoric site it is recommended to move the
new development to ensure that its resource demands will not exceed existing and
pipeline ROW to the north side of the pavement of El Camino Real.
Findings
After implementation of the outlined mitigation measures, residual impacts to
prehistoric cultural resources would be not significant with mitigation (Class H).
Supportive Evidence: Two technical reports on cultural and paleontological resources of the project site
have been prepared by Gibson's Archaeological Consulting (Inventory of Prehistoric, Historic,
Paleontology, Geomorphology and Geological Resources for the Nacimiento Water Supply Pipeline
Project, San Luis Obispo County, CA, November 1996 and January 30, 2003). These reports are herein
incorporated by reference and because of the confidential nature of the information, may be reviewed by
qualified persons on a "need -to- know" basis at the Environmental Division of the San Luis Obispo
County Planning and Building Department, County Government Center, San Luis Obispo, California.
These reports identify all cultural, paleontological and archaeological existing and potential resources that
are in proximity to the proposed project sites. Most of the resources are sufficiently far from the project
sites that significant impacts are not expected. For the resources that have potential to be impacted by the
project, the proposed mitigation measures would be sufficient to mitigate to the level of insignificance.
Impact CR.6
Construction of the proposed project adjacent to or in the vicinity of archaeological or
historical sites may result in the looting, vandalism or destruction of cultural resources by
construction employees or persons visiting the construction site.
Mitigation
CR -21 In the event of discovered looting or disturbance of resources, all responsible
parties shall be reported to the appropriate jurisdiction and local authorities for legal
action pursuant to the approved cultural resources monitoring plan.
Implementation of measures CR -1, CR -6, and CR -8 is required.
Findings
Residual impacts would be insignificant with mitigation (Class II).
Supportive Evidence: Typically the proposed mitigation measures (e.g., education about possible
punishment associated with looting, fencing, and keeping information about locations of cultural resource
as confidential) reduces the significance of this impact.
Land Use
Findings
The proposed project would be potentially consistent with Goals 15 (Provide additional
public resources, services and facilities to serve existing communities in sufficient time to
avoid overburdening existing resources, services, and facilities) and 16 (Avoid the use of
public resources, services and facilities beyond their renewable capacities, and monitor
new development to ensure that its resource demands will not exceed existing and
planned capacities or service levels).
Supportive Evidence: The proposed NWP would be able to provide a water supply by approxi matel
C�l'
City of San Luis Obispo CEOA FINDINGS
Nacimiento Water Project
Page 71
EN
Exhibit A
mid 2009. The project may be able to meet a schedule of water supply augmentation for LOS II but not
LOS III.
Findings
The proposed NWP is consistent with General Goal 17 (Finance the cost of additional
services and facilities from those who benefit by providing for dedications, in -lieu fees or
exactions.).
Supportive Evidence: Nacimiento Participants Advisory Committee (NPAC) was established by the
County Board of Supervisors to oversee and fund the preparation of conceptual project design plans and
environmental permitting for the NWP.
Findings
Where the land is privately held and designated for agriculture or in cultivation, the
proposed NWP facilities may be inconsistent with Goal 18 (Locate new and additional
public service facilities on existing public lands where feasible, allowing for sufficient
buffers to protect adjacent rural and agricultural areas).
Supportive Evidence: The County's use of supplemental water supplies from Lake Nacimiento has been
anticipated since 1959. The County Master Water Plan recognizes that continued reliance on groundwater
supplies may result in significant damage to local aquifers, and recommends that a variety of water
projects be developed to diversify water sources, reduce reliance on groundwater, and meet long -term
forecasted water demand.
Findings
The proposed project is consistent with SLO County's Master Water Plan.
Supportive Evidence: The County's use of supplemental water supplies from Lake Nacimiento has been
anticipated since 1959. The County Master Water Plan recognizes that continued reliance on groundwater
supplies may result in significant damage to local aquifers, and recommends that a variety of water
projects be developed to diversify water sources, reduce reliance on groundwater, and meet long -term
forecasted water demand.
Findings
Land Use consistency — the project pipeline and facilities are either potentially consistent
or consistent with the land use designations. Therefore there will be no significant
impacts from the project, as the project is compatible with the underlying land use
designations outlined in SLO County's General Plan, and with those of affected Federal,
State, and local government entities.
Supportive Evidence: Government Code Section 53091 exempts local agencies from obtaining land use
permits for the development of water supply systems. No General Plan amendments or rezoning
applications would be necessary to construct the proposed Water Intake and Pump Station at Lake
Nacimiento in an area designated as Open Space (OS). Similarly, no change in land use designation
would be required to permit the water storage tanks, water recharge areas, or pump stations when located
in agricultural (AG) or OS areas. Consistency determinations are contained in Table 5.9.2, pages 5.9-9 -
5.9 -10 of the Final EIR.
Water treatment plants are defined as Public Utility Facilities, which are considered consistent with SLO
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 72
County's AG and RS land use categories as a special use (S). Public utility facilities are allowable,
subject to the requirements of section 22.08.288 of the County Land Use Ordinance. These permit
requirements include approval of a Development Plan, an Environmental Quality Assurance Program,
minimization of the amount of vegetation removal, replacement of topsoil and vegetation, and the
establishment of effective visual barriers. As a public project, the proposed project would not be required
to comply with this ordinance; however, the intent of the ordinance provisions would be met by the
project's compliance with the mitigation measures contained in the EIR.
Utilities and Public Services
Impact UPA
Impacts to Fire Protection and Emergency Response Services (FEIR page 5.10 -11).
Mitigation
UP -2 A Wildland Fire Prevention Plan (WFPP) shall be required for the proposed
installation of the pipeline and other facilities. This plan will help to reduce the threat of
wildland fires and provide a fire safe environment to communities in the area of the
proposed pipeline construction.
UP -3 Final design plans for each facility shall adhere to all fire safety requirements as
contained in the SLO County Fire Department and the California Department of Forestry
and Fire Protection Developer's Guide.
Findings
With the implementation of the mitigation measures, impacts to fire protection services
would be considered not significant with mitigation (Class II).
Supportive Evidence: Construction activities associated with installation of the pipeline and other
proposed facilities would increase the probability for a wildland fire to occur because there would be
diesel and gasoline fuelled machinery present and refueling operations occurring in high fire hazard areas
(rural areas with dry vegetation). Large portions of the pipeline would be installed through wild fire prone
areas known as State Responsibility Areas. These areas include the following pipeline stretches: from the
Nacimiento Reservoir Water Intake to the western Camp Roberts boundary (approximately Stas. 00+00-
275+00); from the eastern Camp Roberts boundary at the pump station to the northern boundary of the
City of Paso Robles (approximately Stas. 564+00- 980 +00), from the southern boundary of Atascadero
to the northern boundary of Santa Margarita, from western boundary of Santa Margarita to the urban
areas near City of San Luis Obispo. There are several other small portions of the southern part of the
pipeline route that would be within the State Responsibility Areas. Declared wildland fire season is
normally May through November, portions of the pipeline would be installed during this season.
Operation of the pump stations and other facilities would present an additional demand to the fire
protection services because flammable materials would be handled at these facilities. The facilities are
located in places accessible to the fire protection and emergency response services. It is required that the
design of each facility is in compliance with the fire safety requirements included in various codes,
ordinances, and national standards adopted by SLO County (e.g., Uniform Fire Code, Uniform Building
Code). These standards are contained in the SLO County Fire Department and the California Department
of Forestry and Fire Protection Developer's Guide.
Transportation and Circulation
Impact T.1 Construction associated with the project would temporarily add to local road traffic
(FEIR page 5.11 -15).
C� �C
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 73
Mitigation T -1 All project- related traffic shall be restricted from travel on roads with a LOS
of D or worse between the peak commuting hours of 7:00 a.m. to 9:00 a.m. and from
4:00 p.m. to 7:00 p.m. These include Union Rd./Highway 4; Madonna Road; Highway
227 in San Luis Obispo; Highway 101 at the junction with Highway 166, South Pismo
Beach, Avila Road, Santa Fe Road, Los Osos Valley Road, Marsh Street, California
Boulevard; and Highway 46 at Paso Robles, Spring Street, 13`s Street, Creston Road,
Niblick Road, Airport Road and El Camino Real.
T -2 A Traffic Control Plan shall be prepared to detail specific roadway
construction information, road surface maintenance, pedestrian/bicycle circulation and
traffic safety, parking limitations, road use restrictions, emergency response
procedures, signing for closures, and public notification identifying location,
scheduling, and duration of construction spread. This management plan shall be
finalized and approved by the appropriate agencies as designated by the lead agencies.
Findings By avoiding peak commute periods, temporary construction traffic would create less
impact and would be considered not significant with mitigation (Class II).
Supportive Evidence: Traffic data for the roads that would be affected by the project have been obtained
from available sources. Construction traffic would temporarily increase local road traffic by the amounts
shown in Table below:
Daily Construction Traffic by Project Phase
Construction Project Phase
Daily Trips
Camp Roberts Pump Station and Storage Tanks
130
Pump Station (each)
76
Water Intake
38
Pipeline (each one of four alignments)
40
Water Storage Tanks (each)
54
The addition of construction traffic on Madonna Road, Highway 227, and sections of Highway 101
between Pismo Beach and San Luis Obispo would exceed the significance threshold of 15 vehicles to
roadways with a LOS of D or worse.
Impact T.2 Pipeline construction would require partial road closures and reduce the number of
travel lanes during peak traffic periods for roadways with an LOS of D or worse,
resulting in a disruption of traffic flow and/or traffic congestion (FEIR page 5.11 -15).
Mitigation Implement mitigation measure T -2.
T -3 Pipeline construction across Nacimiento Lake Drive shall be scheduled to
avoid late afternoons, weekends, and holidays during the summer months.
T4 Detours shall be planned around temporary street closures through
coordination with local traffic agencies, and signs shall be provided to direct motorists
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 74
to alternate routes.
T -5 The Applicant shall ensure at least one lane remain open during construction
along roadways subject to partial closure when feasible.
T -6 The Applicant shall provide off - street parking and staging areas for storage of
construction equipment, materials, and workers' vehicles.
Findings I By creating detours and minimizing lane closures, the impact would be not significant
with mitigation (Class II).
Supportive Evidence: The pipeline would run beneath or along the shoulder of roadways for much of the
route. Table below lists the partial road closures that would result from pipeline construction and the
number of lanes that would remain open during the temporary road closure. The traffic volumes on most
of these roads are small enough that the impact of partial road closures would be considered insignificant.
For Nacimiento Lake Drive, Highway 1, Madonna Road, Foothill Boulevard, and Highway 227 that have
relatively high traffic volumes, lane closures could result in significant delays. Other project roadways
with high traffic volumes, such as Highway 101, would be jacked and bored under by the pipeline to
avoid creating traffic impacts.
While most of the roadways along the pipeline route would be affected by temporary lane closures, only
one road has a LOS of D or worse: Union Road/Highway 41. The pipeline route runs along the narrow
western shoulder of North River Drive at the intersection with Union Road/Highway 41 and would
require the southbound lane of North River Drive to be closed for several days. Nacimiento Lake Drive,
which has an LOS of C and can become congested due to slow moving traffic and high traffic volume on
weekends and holidays, would also be affected by lane closure. A lane closure, however, would only last
several days and would be on the north side of the dam, beyond the entrance to Lake Nacimiento Resort.
Lane Closures and Driveways Blocked during Construction
Roadway
Level of
Service .
No. of Traffic Lanes
Available in
Construction Zone .
Driveways or Property
Entrances/Exts
Blocked ?_______. _.
Nacimiento Lake Drive
C
1
Yes
San Marcos Road
A
1
No
Wellsona Road
A
1
Yes
Monterey Road
No data
1
Yes
North River Road
A
1
Yes
South River Road
A
1
Yes
Santa Ysabel Road
A
1
Yes
Vaquero Drive
A
1
Yes
El Pomar Road
A
1
Yes
Templeton Road
A
1
Yes
Rocky Canyon Road
A
1
Yes
Vineyard Drive Bridge (Treated
water option)
A
1
No
Santa Clara Road
A
1
Yes
El Camino Real
A
1
Yes
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 75
Lane Closures and Driveways Blocked during Construction
Roadway
Level of
Service
No., of Traffic Lanes
Available in
_ Construction Zone
Driveways or Property
Entrances/Exits
Blocked?
Highway 41 Bridge
(Treated water option)
A
1
No
Booster station road
No data
1
No
Tassajara Creek Road
A
1
No
Sterner Creek Road
A
1
Yes
Highway 1
C
Two-way*
No
Highland Drive
B
1
Yes
Patricia Drive
A
1
Yes
Foothill Boulevard
A
1
Yes
Madonna Road
D
Two -way*
Yes
Dalidio Road
B
1
Yes
Prado Road
A
1
Yes
Highway 227
F
Two-way*
Yes
Santa Fe Road
A
I
Yes
Buckley Road
A
1
Yes
Davenport Road
No data
1
No
Note: *Denotes that a minimum of two lanes are available to support bi- directional traffic flow.
Exhibit A
Impact T3
Partial street closures would temporarily restrict access to and from private property
and adjacent land uses (FEIR page 5.11 -17).
Mitigation
Implement mitigation measures T -2 and T -5.
T -7 The Applicant shall ensure all driveways blocked by construction are
provided with suitable means of vehicular access and egress.
T -8 All affected parties in the vicinity of construction activities shall be notified a
minimum of 30 days in advance of potential obstructions and alternative access
provisions prior to the commencement of project activities.
Findings
The above mitigation measures would render the impact not significant with
mitigation (Class II).
Supportive Evidence: Properties on roadways listed in Table for Impact T.2 above would be affected by
temporary access restrictions. However, the restricted access would last no more than 2 days for most
locations.
Impact TA
Construction activities could interfere with emergency response by ambulance, fire,
paramedic, and police vehicles (FEIR page 5.11 -18).
Mitigation
Implement mitigation measures T -2 and T -5.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 76
Exhibit A
T -9 The Applicant shall coordinate in advance with emergency service providers
to avoid. restricting movements of emergency vehicles. The County Sheriff
Department, fire departments, ambulance services, and paramedic services shall be
notified in advance by the Applicant of the proposed locations, nature, timing, and
duration of any construction activities and consulted regarding potential access
restrictions that could impact their effectiveness.
T -10 At locations where access to nearby property is blocked, provision shall be
ready at all times to accommodate emergency vehicles, such as plating over trenches,
short detours, and alternate routes.
Findings
Coordinating in advance of construction with emergency service providers and by
providing emergency access, the impact would be rendered not.significant with
mitigation (Class 11).
Supportive Evidence: Analysis of maps indicated that pipeline construction would be near Atascadero
State Hospital, and along Highway I between Stenner Creek Road and Highland Street, which in the
vicinity of the Sierra Vista Medical Center (e.g., ambulance response on Casa and Murray Streets).
Impact T.6
Construction activities could result in physical damage to road surfaces (FE1R page
5.11 -19).
Mitigation
T -13 The Applicant shall properly restore all roads disturbed by construction
activities to ensure the long term protection of road surfaces and safety of roadway
users.
Findings
After implementation of the mitigation the impact would be considered not significant
with mitigation (Class 11).
Supportive Evidence: The Applicant intends to restore the damaged roads. The mitigation will ensure
the restoration.
Impact T.8
A pipeline failure could disrupt traffic during repairs (FEIR page 5.11 -20).
Mitigation
Refer to the pipeline inspection mitigation measure in Section 5.6, Hazards and
Hazardous Materials.
T -14 The pipeline emergency response plan shall include traffic agency and
personnel contact protocols and agencies to contact for road closures, alternative
traffic routes, CalTrans, SLO County. Construction for pipeline repairs that requires
road or lane closures or endanger public safety must comply with the Manual of
Traffic Controls for Construction and Maintenance Work Zones is published by
CalTrans. The manual provides the basic standards for uniform types of warning signs,
lights, and devices to be placed upon any public highway or street by any person engaged
in performing work that interferes with or endangers the safe movement of traffic upon
such highway or street, in accordance with Section 21400 of the California Vehicle
Code.
Findings
After implementation of the mitigation the impact would be considered not significant
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 77
with mitigation (Class II).
Supportive Evidence: A pipeline failure could necessitate temporary traffic disruptions for repair and
replacement. These disruptions could include temporary road and lane closures and limited access to
driveways, private property, and sidewalks. Analysis of traffic along the pipeline route indicated that
some streets have LOS of C or worse. See also "Supportive Evidence" for Impacts T. i and T.2.
Aesthetics and Visual Resources:
Impact VR.1
Visual impacts due to long -term presence of water intake structures at Nacimiento
Dam (FEIR page 5.12 -12).
Mitigation
The determination on the final design and construction materials of the Water Intake
structure has not been made. It is proposed that the following measures be
implemented in the final design and construction plan of the Intake structure.
VR -1 The Water Intake structures shall be visually compatible in materials of
construction and color with the surrounding area of the Lake Nacimiento dam
incorporating natural rock facing. During construction, the Applicant's contractor
shall preserve as much of the existing vegetation (trees and shrubbery) as feasible.
VR -2 The structures shall be screened from public views with vegetation to the
maximum extent feasible. Landscaping shall be provided in accordance with Section
22.04.186 of the San Luis Obispo County Land Use Ordinance and shall provide
vegetation that will adequately screen the facilities.
VR -3 The surge tank and power line shall be placed underground.
Findings
The proposed mitigation measures would reduce the significant visual impact of the
Intake structures to not significant with mitigation (Class II).
Supportive Evidence: Visual simulation of the structures has been done in the FEIR. The Water Intake
structures (including the pump station building, electric transformer building, surge tank, and electrical
pole) would be located on the northern side of the Nacimiento Dam and will be visible to the travelers on
the Nacimiento Lake Drive, which is a designated scenic route (SLO County 1974). The visual sensitivity
of the typical viewer will be relatively high since the most common reason for traveling to the area is for
recreational purposes. The visual quality of the area is relatively high and a man -made object in the
proposed location has the potential to create a negative visual impact since there are very few man -made
structures in the adjacent area.
The Nacimiento Area Plan designates Nacimiento Lake Drive as a county Scenic Route with a Sensitive
Resource Area (SRA) overlay extending 500 feet from the centerline of the road. The proposed water
intake and electrical transformer structures would be located just outside of the designated scenic
corridor, although the intake parking lot and the fence would be within the SRA. The structure is not
likely to be visible to the boats on the lake because the part of the lake in the vicinity of the dam is off
limits to the general public due to safety concerns.
Impact VRA
Visual impacts due to long -term presence of surge tank in the vicinity of Templeton
treated water pipeline turnout site (FEIR page 5.12 -18).
(7)
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 78
E
Exhibit A
Mitigation
VR -6 The surge tank shall be constructed underground in a vault to minimize
aboveground equipment.
Findings
After implementation of the mitigation measure the residual impact would be
considered not significant with mitigation (Class In.
Supportive Evidence: The proposed surge tank would be 32 -feet long and 8 feet in diameter, and would
be visible from Vineyard Drive (as was determined through visual simulation done foe the FEIR). The
structure would be painted in colors that would be compatible with the surrounding area to the maximum
extent feasible, although compatibility would change throughout the year because the main feature in the
area is characterized by vegetation.
Vineyard Drive/Templeton Road intersection is undeveloped and can be characterized as a rural,
agricultural area with rolling hills and sweeping views of the surrounding area. The area is not pristine
from the aesthetic point of view, and has several man -made structures (e.g., industrial building across the
Salinas River, power poles).
Impact VR5
Visual impacts due to long -term presence of Rocky Canyon Road storage tank and
Happy Valley pump station (FEIR page 5.12 -19).
Mitigation
VR -7 The pump station structures shall be constructed partially underground to
limit the structure height to the equivalent of a one story home or barn typical of the
area. The architecture of the pump station shall resemble a home or barn typical of the
area.
VR -8 No oak trees adjacent to Rocky Canyon Road shall be removed to
accommodate the construction of the pump station or storage tank at this location.
VR -9 Access roads to and around the facility shall not exceed 20 feet in width.
VR -10 All structures at this site shall be screened from public views with vegetation
to the maximum extent feasible. Landscaping shall be provided in accordance with
Section 22.04.186 of the San Luis Obispo County Land Use Ordinance and shall
provide vegetation that will adequately screen the facilities.
For the tank area where fencing surrounding the tank site would be located,
landscape screening shall be provided. Landscape material must be consistent with the
surrounding area, shown to do well in existing soils and conditions, be fast - growing,
evergreen and drought tolerant. Shape and size of landscape material shall be in scale
with proposed tank fencing or other aboveground features and surrounding native
vegetation. Plans shall show how plants will be watered and what watering schedule
will be applied to ensure successful and vigorous growth.
VR -I1 The border of cut slopes and fills accomplished to underground the water
storage tank shall be rounded off to a minimum radius of five feet. For any visible
slope cuts from Rocky Canyon Road, sufficient topsoil shall be stockpiled and
reapplied or re -keyed over these visible cut areas to provide at least 8" of topsoil for
the reestablishment of vegetation. As soon as the grading work has been completed,
the cut and fill slopes shall be reestablished with non - invasive, fast - growing
vegetation.
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 79
Findings After implementation of the mitigation measures the residual impact would be
considered not significant with mitigation (Class In.
Supportive Evidence: The pump station structure would be visible to the public that uses Rocky Canyon
Road (as was determined through visual simulation done foe the FEIR). The storage tank would be
undergrounded as per the proposed project, so the only features that would be visible after the tank
construction completion would be the access road, the cut and reinforced hill slopes and the fencing
around the site. Rocky Canyon Road is not heavily traveled with an ADT of 794; therefore there will not
be many viewers of the storage tank site and pump station structures. There are other structures located
along this road, such as residential homes, barns and utility poles (as was determined through area
surveys). Also, the storage tank site and pump station would be partially screened from views by the
existing vegetation, e.g., oak tress located along the road.
The area immediately surrounding the tank and pump station site is pristine and does not have any man-
made structures, except for barbed wire fencing along Rocky Canyon Road, therefore the views are high
in visual quality in this rolling hills/agricultural countryside area.
Agricultural Resources
Impact AG.1
Water pipeline construction within the roads ROW has the potential to adversely
impact access to and maintenance of agricultural operations (FEIR page 5.13 -9).
Mitigation
AG -1 Prior to and during construction, the Applicant shall coordinate construction
activity time schedules with all owners of agricultural operations adjacent to the
construction site. All property owners shall be notified 30 -days in advance of the
construction activities occurring in the vicinity of their operations.
Findings
Implementation of the above mitigation measure will result in agricultural
compatibility impacts considered not significant with mitigation (Class II).
Supportive Evidence: The Applicant proposes to access the pipeline route using established access
roadways that are currently traveled by farm equipment and/or railroad personnel accessing the rail.
Transport of construction equipment and personnel could cause conflicts with current traffic, having a
short-term impact on access routes used for crop harvesting or agricultural maintenance by impeding
access and slowing agricultural traffic.
Impact AG.2
Water pipeline construction (including fence removal and trenching) along property
boundaries has the potential to impact ranching and livestock operations (FEIR page
5.13 -10).
Mitigation
AG -2 Prior to construction, the Applicant shall coordinate with landowners to
discuss the timing of pipeline construction through agricultural areas containing
livestock. Subject to negotiations with livestock owners, the Applicant shall either
provide ample time for the livestock to be relocated during the pipeline construction,
or construct a temporary fence around the pipeline corridor to keep livestock from
entering the areas during construction.
AG -3 During construction, where construction activities require removal of existing
fencing adjacent to grazing lands, a temporary fence shall be installed and maintained
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 80
O
Exhibit A
by the Applicant to keep grazing animals away from construction activities and
trenching. Trenches shall be filled, covered, or enclosed by fencing at the end of each
workday to reduce chances of animal injuries. Following construction, fences and
posts shall be replaced.
Findings
Implementation of the above mitigation measures will result in agricultural
compatibility impacts considered not significant with mitigation (Class II).
Supportive Evidence: Because the proposed pipeline route follows the Union Pacific Railroad (UPRR)
right -of -way, state highways, county roads, and city roads along parcel boundaries of agricultural lands,
the proposed project is likely to require temporary fence removal and other disturbances in some areas
that are used for cattle grazing, thoroughbred horse operations, and other ranching operations. The
construction trenching and excavation will create open trenches that could be hazardous for grazing
animals if fence removal allows access to the construction area. The proposed project would disturb areas
currently used for the grazing of cattle.
Impact AG.3
Water pipeline construction and placement of staging areas on agricultural lands have
the potential to permanently impact soils on grazing and croplands due to improper
soil replacement and/or reseeding efforts.
Mitigation
AG -4 During construction, trenches shall be backfilled by the Applicant in such a
manner as to retain the topsoil characteristics. Where soil is disturbed on lands used
for agricultural purposes, topsoil shall be stockpiled and replaced on top of trenches
and excavations after the backfill operations to allow rapid revegetation of these lands
following construction.
AG -5 Upon completion of construction, areas disturbed by the project (including
trenching or placement of staging areas) within agricultural grazing areas shall be re-
seeded by the Applicant with a seed mixture acceptable to affected landowners.
AG -6 All offsite staging areas shall be restricted to areas already disturbed, when
feasible, and where staging would be compatible with existing land uses.
Implementation of Measures DE -8, DE -12, DE -18 and DE -19 (see Section 5.3,
Drainage, Erosion and Sedimentation) would further reduce this impact.
Findings
Implementation of the above mitigation measures will result in agricultural
compatibility impacts considered not significant with mitigation (Class II).
Supportive Evidence: Proposed trenching and excavation activities have the potential to disturb the soil
on or adjacent to grazing and croplands where construction areas extend outside designated UPRR and
road right -of -ways. Loss or improper replacement of topsoil and improper reseeding of disturbed areas
may have short- and long -term effects on adjacent agricultural areas. Erosion and loss of topsoil could
occur also due to storm water runoff from impervious surfaces at the project facilities (see also Impact
DE.6).
Placement of staging areas on agricultural lands would also disturb or damage crops or topsoil.
Impact AG3
Water pipeline construction activities have the potential to adversely impact
City of San Luis Obispo CEOA FINDINGS
Nacimiento Water Project
Page 81
Exhibit A
Recreational Resources
agricultural lands through the spread of noxious weeds or wind -borne dust.
Mitigation
Implement mitigation measures AQ -1 and AQ -2 to minimize the airborne transport of
impacts to bicyclists: Rocky Canyon Road to Santa Margarita, Santa Margarita to the
seeds.
Cuesta Tunnel, Cuesta Tunnel to San Luis Obispo WTP, San Luis Obispo WTP to
AG -7 Prior to construction, the Applicant shall coordinate with the Agricultural
Highway 227 /Santa Fe Road, and Highway 227 (FEIR page 5.14 -18).
Commissioner's Office to conduct a pre - construction site evaluation for purple thistle,
REC -1 Prior to initiating construction, the Applicant shall coordinate with the San
yellow thistle and skeletonweed.
Luis Obispo County Department of Public Works and provide signage along the
- Based on the pre - construction survey, the Applicant shall prepare a map
showing areas of noxious weed infestation on lands both within and adjacent to the
proposed project corridor, corridor access routes, and staging areas.
- The Applicant shall implement equipment wash stations and other pertinent
noxious weed control recommendations based on the above required map.
- The Applicant shall perform post - construction surveys during the spring
growing season immediately following each phase of project construction to verify
whether the spread of noxious weeds has occurred.
- If the post - construction survey identifies spread of noxious weeds, the
Applicant shall coordinate with the affected landowner and the County Department of
Agriculture to implement an appropriate eradication program.
AG-8 During construction, topsoil shall be segregated and replaced relative to its
original distribution. To the maximum extent feasible, excavated materials shall be
replaced in the same location they were removed from and shall not be transported
offsite.
AG-9 Prior to construction, the Applicant will enter into a Quarantine Compliance
Agreement with the San Luis Obispo County Agricultural Commissioner's Office for
the prevention of movement of skeleton weed.
Findings
Implementation of the above mitigation measure will result in agricultural
compatibility impacts considered not significant with mitigation (Class II).
Supportive Evidence: SLO County's Department of Agriculture identifies several noxious weed species
that may exist within the pipeline corridor that could be spread by construction activities. The weeds
include but are not limited to, purple starthistle, yellow starthistle and skeletonweed. These noxious
weeds have the potential to invade rangelands and open grasslands, degrading the forage quality and
hindering access for both humans and livestock. Spread of noxious weeds has the potential to occur
during the construction phase of the project as trenching and other equipment is transferred from one area
of the project to another (such as from public road right -of -ways onto private land).
Recreational Resources
Impact REC3
Open trench construction along the following reaches would result in short -term
impacts to bicyclists: Rocky Canyon Road to Santa Margarita, Santa Margarita to the
Cuesta Tunnel, Cuesta Tunnel to San Luis Obispo WTP, San Luis Obispo WTP to
Highway 227 /Santa Fe Road, and Highway 227 (FEIR page 5.14 -18).
Mitigation
REC -1 Prior to initiating construction, the Applicant shall coordinate with the San
Luis Obispo County Department of Public Works and provide signage along the
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page k
length of all affected roads advising bicyclists of the temporary construction and the
estimated period of construction along these routes. The signage should also alert
bicyclists and vehicular traffic of the need to exercise caution.
REC -2 During construction of segments at the edge of or off pavement, the
construction crews shall keep all pot hole and bore equipment and trenching
equipment off of the paved roadway to the maximum extent feasible to allow
bicyclists to continue to use the road. (Note: Exceptions to this measure shall include
situations where sensitive habitat is located adjacent to roadways and where safety
issues exist.)
REC -3 During construction when equipment is located in the roadway, the Applicant
shall provide one flag person to separately guide bicyclists and motor vehicles past the
construction zone.
REC -4 Upon completion of construction within this subsection, the Applicant shall
replace all bicycle lanes that have been damaged by the construction process to
County standards (or other jurisdictional standards such as the various Cities if
applicable) for Class I and Class II bicycle lanes, as appropriate. In addition, if any
paint is scuffed, the Applicant shall repaint the affected bicycle lane markings.
Findings Due to the short-term duration of construction along various reaches and the resulting
number of limited bicyclists therefore impacted along the pipeline route,
implementation of the above mitigation measures would reduce recreational resource
impacts to a level considered not significant with mitigation (Class II).
Supportive Evidence:
Rocky Canyon Road to Santa Margarita: The bicycle lanes would primarily remain open during the
construction of the route; however, short portions of the bicycle lane may be temporarily closed for
brief (6 hour) periods in some locations to allow for the open trench construction. Bicyclists would be
subject to traffic control through the construction zone, along with vehicular traffic. For safety
purposes, bicyclists would not share a lane with motorists, but would be routed by flaggers either
before or after the vehicular traffic passed the construction zone.
Santa Margarita to the Cuesta Tunnel: The bicycle lanes would primarily remain open during the
construction of the route; however, short portions of the bicycle lane may be closed for brief (6 hour)
periods in some locations to allow for the open trench construction. Bicyclists would be subject to traffic
control through the construction zone, along with vehicular traffic. For safety purposes, bicyclists would
not share a lane with motorists, but would be routed by flaggers either before or after the vehicular traffic
passed the construction zone.
Cuesta Tunnel to San Luis Obispo WTP: Sections of this reach of pipeline would traverse and run down
the center of Stenner Creek Road. Stenner Creek Road runs through Cal Poly State University property
and is used for a variety of recreational activities including hiking, biking, and horseback riding.
Temporary closures/disturbances would occur to recreational resources along Stenner Creek Road as a
result of the trenching associated with pipeline construction.
San Luis Obispo WTP to Highway 227 /Santa Fe Road: The bicycle lanes would primarily remain open
during the construction of the route; however, short portions of the bicycle lane may be closed for brief (6
hour) periods in some locations to allow for the open trench construction. Bicyclists would be subject to
traffic control through the construction zone, along with vehicular traffic. For safety purposes, bicyclists
n
City of San Luis Obispo CEOA FINDINGS
Nacimiento Water Project
Page 83
Exhibit A
would not share a lane with motorists, but would be routed by flaggers either before or after the vehicular
traffic passed the construction zone.
Highway 227: The bicycle lanes would primarily remain open during the construction of the route;
however, short portions of the bicycle lane may be closed for brief (6 hour) periods in some locations to
allow for the open trench construction. Bicyclists would be subject to traffic control through the
construction zone, along with vehicular traffic. For safety purposes, bicyclists would not share a lane with
motorists, but would be routed by flaggers either before or after the vehicular traffic passed the
construction zone.
Impact RECA
Partial loss of access to recreational opportunities at Laguna Lake Park due to water
pipeline installation activities along Reach No. 10 (Sta. 2520+00- 2935+00) near
Dalidio Drive in San Luis Obispo (FEIR page 5.14 -22).
Mitigation
REC -5 Prior to authorization to proceed or issuance of permits, the Applicant shall
coordinate with the City of San Luis Obispo Parks and Recreation Department
( SLOPRD) for the project schedule so that the SLOPRD can minimize conflicts with
any special events that are scheduled during the construction period.
REC-6 Prior to authorization to proceed or issuance of permits, the Applicant shall
coordinate with the SLOPRD and City of San Luis Obispo Public Works Department
to provide signage directing traffic around construction activity.
Findings
Because of the short-term duration of construction along Dalidio Drive and the
resulting number of limited recreational users therefore impacted along the pipeline
route, implementation of the above mitigation measures would reduce recreational
resource impacts to a level considered not significant with mitigation (Class ln.
Supportive Evidence: Laguna Lake Community Park is located within the City of San Luis Obispo and
consists of 375 acres of open space surrounding Laguna Lake with picnicking and barbequing facilities,
volleyball courts, and several miles of fitness trails. Primary park access is located on Dalidio Drive.
Access to the park may be temporarily partially impeded during pipeline installation activities entering
into and along Dalidio Drive.
Impact REC.5
Portions of the adopted Salinas River Trail System may need to be re- routed due to
the construction of water discharge facilities (FEIR page 5.14 -22).
Mitigation
REC -7 Prior to construction, the water purveyor responsible for the individual
discharge facility construction shall provide for a 25 -foot wide trail corridor easement,
subject to County review, to connect those impacted portions of the Salinas River
Trail System
Findings
Because the proposed trail is not yet constructed and existing recreational patterns
would not be impeded, implementation of the above mitigation measure would reduce
recreational resource impacts to a level considered not significant with mitigation
(Class 11).
Supportive Evidence: The Salinas River Trail System is an adopted trail route along the Salinas River
from Santa Margarita Lake to the Monterey County line. The trail is proposed to be a multi -use route with
City of San Luis Obispo CECIA FINDINGS Exhibit A
Nacimiento Water Project
Page 84
opportunities for bicyclists, hikers and equestrians. The proposed project's raw water option would
involve the construction of three water discharge facilities located along the Salinas River in Paso Robles,
Templeton, and Atascadero. The water discharge facilities would either have a pond or a subsurface pipe
design and would require various areas to beset aside for water discharge activities. The area required for
the subsurface pipe design would be 8.0 acres for Paso Robles, 1.0 acre for Templeton, and 6.0 acres for
Atascadero. The area required for the pond configurations would be 4.0 acres for Paso Robles, 0.3 acre
for Templeton, and 3.1 acres for Atascadero. Depending on their design configuration, these water
discharge facilities may be located on or near areas designated for portions of the Salinas River Trail
System.
IX. Potential Significant Unavoidable Effects for Which Sufficient Mitigation Is
not Available
Air Quality
Impact AQ.1
Construction activities would generate air emissions that would impact air quality in the
area.(FEIR page 5.4 -12)
Mitigation
AQ -1 In coordination with the SLOAPCD, the Applicant shall implement the
following APCD standard dust reduction measures during construction. All PM10
mitigation measures required shall be shown on the contractor's grading and building plans
and specifications.
a. Reduce the amount of the disturbed area where possible.
b. Use of 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 mph. Reclaimed (non - potable) water should be used whenever possible.
c. All dirt stockpile areas shall be sprayed daily as needed.
d. 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.
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast - germinating native grass seed and watered
until vegetation is established.
f. 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.
g. 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.
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site.
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
City of San Luis Obispo CEOA FINDINGS Exhibit A
Nacimiento Water Project
Page 85
maintain at least two feet of freeboard (minimum vertical distance between top of load and
top of trailer) in accordance with California Vehicle Code Section 23114. This measure has
the potential to reduce PM10 emissions by 7 -14 %.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site. This measure has the potential to reduce
PMio emissions by 40 -70 %.
k. 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. This
measure has the potential to reduce PM10 emissions by 25 -60 %.
1. The contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent transport of dust
offsite. 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 APCD
prior to any site disturbance.
AQ -2 The Applicant shall implement activity management techniques as feasible taking
into account other mitigation measures that affect scheduling (e.g., Biology,
Transportation/Circulation and Noise mitigation measures) during construction, as
presented below:
a. Development of a comprehensive construction activity management plan designed to
minimize the amount of large construction equipment operating during any given time
period;
b. Scheduling of construction truck trips during non -peak hours to reduce peak hour
emissions;
c. Limiting the length of the construction work -day period, if necessary, during periods
with high air pollutant levels;
d. Phasing of construction activities, if appropriate.
AQ -3 The Applicant shall implement the following standard NOx and ROC reduction
measures to the maximum extent feasible:
a. Use of Caterpillar pre - chamber diesel engines (or equivalent) together with proper
maintenance and operation to reduce emissions of NOx.
b. Electrify equipment where feasible.
c. Maintain all fossil - fuelled equipment in tune per manufacturer's specifications, except
as otherwise required above.
d. Encourage use of catalytic converters on gasoline- powered equipment.
e. Substitute gasoline- powered for diesel - powered equipment, where feasible.
f. Implement activity management techniques as described in AQ -2.
g. Use compressed natural gas (CNG) or propane powered portable equipment (e.g.,
compressors, generators, etc.) onsite instead of diesel - powered equipment, where feasible.
h. All off -road and portable diesel powered equipment, including but not limited to
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 86
Exhibit A
bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, shall be fuelled exclusively with CARB certified motor vehicle
diesel fuel. Off -road equipment may use tax exempt motor vehicle fuel if not operated on
public roads.
i. Maximize to the extent feasible, the use of diesel construction equipment meeting the
CARB's 1996 or newer certification standard for off -road heavy -duty diesel engines.
AQ -4 Because NOx emissions are above the threshold, Best Available Control
Technology for Construction Equipment (CBACT) shall be used to mitigate combustion
emissions from heavy -duty construction equipment such as but not limited to the
following:
- Install diesel oxidation catalysts (DOC), catalyzed diesel particulate filters (CDPF)
or other District- approved emission reduction retrofit devices. In particular, the Applicant
shall ensure installation of CDPFs on 6 (six) pieces of construction equipment involved in
the primary earthmoving and construction activities and projected to generate the greatest
emissions (if DOCs are used, installing of five (5) DOCs would be an equivalent of
installing of one CDPF). The SLO APCD staff shall be included in the selection of
candidate equipment along with a representative of the contractor (or subcontractor). (This
measure shall be included and clearly identified in the project bid specifications so that
contractors bidding in the project can include the purchase, proper installation and
maintenance costs in their bids.), and
- Emission control device installation, use, and maintenance records shall be
maintained by the contractor that operates the controlled construction equipment suing
forms provided by the APCD. The APCD or lead agency representatives shall be allowed
to review this documentation and the controlled equipment as needed to ensure that
mitigation requirements are being met.
Findings
After implementation of the mitigation measures the project construction air quality
impacts could still remain significant (Class I) due to potentially high emissions of NOx
that is significantly over the SLOAPCD threshold.
Supportive Evidence: Air emissions from construction and offsite equipment were estimated using the
emission factors from the EPA's AP-42 Compilation of Pollutants Emission Factors (EPA 1985). These
emissions are summarized in table below and are over the APCD thresholds of significance.
w
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 87
Summary of Construction Emissions
Construction Phase ._
--Peak Dail - Emission.(Ibs/da)
Quarterly Emissions (tons/0r)
'_.CO___
:ROC
_NOx J
..SOZ_
: PMfa
CO..
ROC
NOx
SO2
PMta
Water Intake*
86.9
16.8
179.2
18.2
17.2
2.91
0.57
5.41
0.55
0.45
Pump Station*
61.4
11.2.
138.9
14.8
11.6
1.47
0.29
3.22
033
0.23
Pipeline*
417.8
80.0
872.4
89.2
118.4
18.21
3.67
31.22
2.92
2.96
Discharge Area
36.9
5.9
81.3
9.5
17.6
1 1.16
0.18
1 2.61
0.31
0.32
Water Storage FacHity
57.5
10.8
120.7
13.0
0.29
2.83
0.30
0.30
Worst Case Total*
623.6
118.8
1 11.2
135.2
4.83
42.68
4.09
3.96
Significance Criteria
-
185
185
-
M164.O24.
2 -6
2 -6
-
2-6
Significant?
No
Yes
Yes
Yes
Yes
Note: * The worst case emissions total is when construction of pipeline overlaps with construction of three other
facilities (e.g., water intake, storage tank and a pump station).
Growth Inducement
Impact G.1
Countywide, the growth inducing impacts of accepting supplemental water supplies from the
NWP could be considered significant, adverse and unavoidable. However, locally impacts could
vary depending on how project supplies are used by each project participant (FEIR page 7 -9).
Mitigation
None available
Findings
Potential significant unavoidable impacts (Class 1) to air quality, traffic, and school systems.
Supportive Evidence: The availability of water has been a limiting factor to growth in the following areas:
Templeton, Santa Margarita and Santa Margarita Ranch, SLO and the unincorporated SLO Airport Area (CSA
22, and Fero Lane Water Company), Edna Valley (Edna Valley Mutual Water Company), and Cayucos.
Factors which contribute to water being limited include waiting lists for "will- serve" letters, low producing
wells, reliability problems with wells, overdrafted groundwater basins, and developer offset requirements, such
as retrofits in exchange for approval of new construction. With NWP supplies available to the purveyor, water
as a limiting factor to growth would potentially be removed in these communities. The impacts of growth are
described in Area Plans and associated environmental documents, available from the local jurisdiction. Table
G -1 below displays the status of General and Area Plans for participating NWP agencies in SLO County.
Table G -2 displays constraining issues and existing mitigations for areas scheduled to receive NWP supplies.
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page w
Table G -1 Status of General Plans for Areas Affected by theNWP
Exhibit A
Community
Description
San Luis Obispo
Salinas Area Plan 1996.
County
San Luis Obispo Area Plan 1997.
Estero Planning Area (Cayucos), 1988. Plan Update, Public Review Draft, 2002.
City of Paso Robles
Land Use and Circulation Elements 1991.
FEIR certified August 1991.
City of Atascadero
Land Use, Open Space & Conservation Element of the General Plan 2002.
FEIR on Update of Land Use, Open Space, and Conservation Elements of the
General Plan, Certified 2002.
City of San Luis
General Plan Conservation and Open Space Element, 1994, Update Draft, 2002.
Obispo
Land Use Element and Circulation Element, 1994.
Water and Wastewater Management, 1996.
FEIR certified August 1994.
n ^�
City of San Luis Obispo CEQA FINDINGS
Nacimiento Water Project
Page 89
Exhibit A
Table G -2 Summary of Issues and Mitigations in Areas Scheduled to Receive Nacimiento Water
Notes: I = Least severe; II = Moderately severe; III = Most severe.
RLOS= Recommended level of service; SLCUSD =San Luis Coastal Unified School District;
° Based on 2002 Annual Resource Summary Report, San Luis Obispo County Department of Building and Planning.
b General Fees used for construction, expansion, or improvement of fire, general government, parks and recreational facilities, and
sheriffs patrols that are needed as a result of new development. Fees effective December 16, 1991.
`Applicable to 1) land divisions; 2) projects requiring development plans, site plans, Minor Use Permit Coastal Development
Permit, and/or variance; 3) projects requiring building permits; and 4) development subject to approval of Board of Supervisors,
Planning Commission, Planning Director, or Chief Building Official.
d Fees used for capital improvements; applicable to residential and commercial development.
Growth CO. aiping Issues
Area
(RLOS Level °)
Existing Mitigations
San Miguel
Schools (III)
Schools Facilities Fees
Air Quality (II)
Clean Air Plan
Paso Robles
Schools (III)
Schools Facilities Fees
Air Quality (II)
Clean Air Plan
Atascadero
Schools (III)
School Facilities Fees
Air Quality (II)
Growth Management Ordinance, Clean Air Plan
Templeton CSD
Schools (III)
School Facilities Fees
Roads (I)
Traffic Fees (Res. 91 -369) °
Water Systems (I1)
Public Facilities Fees b'`
Air Quality (II)
Clean Air Plan
Santa Margarita
Schools (III)
Schools Facilities Fees
Air Quality (II)
Clean Air Plan
Water System (II)
Public Facilities Fees b'`
Water Supply (supply uncertainty)
San Luis Obispo Urban
Schools (II)
School Facilities Fees
SLO Creek Ground Water Basin (II)
Growth Management Ordinance
Roads (III)
Air Quality (II)
Clean Air Plan
San Luis Obispo Rural
Schools (II)
School Facilities Fees
Air Quality (I1)
Clean Air Plan
Cayucos
Water Supply (II)
Water Moratorium on Building Permits
Water System (II)
Public Facilities Fees b'`
Schools (III)
School Facilities Fees
Air Quality (I1)
Clean Air Plan
SLCUSD
Schools (II, none)
School Facilities Fees
Notes: I = Least severe; II = Moderately severe; III = Most severe.
RLOS= Recommended level of service; SLCUSD =San Luis Coastal Unified School District;
° Based on 2002 Annual Resource Summary Report, San Luis Obispo County Department of Building and Planning.
b General Fees used for construction, expansion, or improvement of fire, general government, parks and recreational facilities, and
sheriffs patrols that are needed as a result of new development. Fees effective December 16, 1991.
`Applicable to 1) land divisions; 2) projects requiring development plans, site plans, Minor Use Permit Coastal Development
Permit, and/or variance; 3) projects requiring building permits; and 4) development subject to approval of Board of Supervisors,
Planning Commission, Planning Director, or Chief Building Official.
d Fees used for capital improvements; applicable to residential and commercial development.
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 90
X. Cumulative and Growth Inducing Impacts
Cumulative Impacts
State CEQA Guidelines Section 15355 defines cumulative impacts as
"two or more individual effects which, when considered together, are considerable or
which compound or increase other environmental impacts ". Further, "the cumulative
impact from several projects is the change in the environment which results from the
incremental impact of the project when added to other closely related past, present, and
reasonably foreseeable probable future projects. Cumulative impacts can result from
individually minor but collectively significant projects taking place over a period of
time ".
The Guidelines require the discussion of cumulative impacts to reflect the severity of the impacts
and their likelihood of occurrence. However, the discussion need not be as detailed as the
analysis of impacts associated with the project, and should be guided by the rule of reason.
Cumulative impacts associated with construction and operation of the Nacimiento Water Project
are discussed in the topical analysis sections provided in Section 4.0 of the Final EIR.
Findinjzs:
• Cumulative air quality impacts associated with construction and operation of the project
facilities. These impacts are considered unavoidable and significant.
• Cumulative significant and unavoidable traffic impacts due to lane /road closures and
delays for emergency vehicle traffic would be significant, if the Nacimiento dam spillway
construction activities of the SVWP coincide with the intake and pump station
construction of the proposed project.
• Cumulative impacts to visual resources would result due to the cumulative water
withdrawals from Lake Nacimiento would result in more frequent instances of lake level
below 748 feet, and would result in significant unavoidable adverse impacts to visual
rrJ-1.i0iKa-11
• Cumulative impacts to recreational resources that are significant and unavoidable would
be expected. The cumulative development scenario would result in increased lake
drawdowns below recreational threshold levels of 748 feet, and would result in
significant unavoidable adverse impacts to recreational resources on and around Lake
Nacimiento.
• The cumulative impacts on water quality from the SVWP and NWP projects would
potentially increase the level of total metals in NWP water due to a lower average lake
storage under SVWP. The SVWP could result in a greater duration of NWP pumping
from the lowest reservoir inlet compared to NWP pumping without the SVWP. This
cumulative impact would be mitigated by the proposed mitigation measures, however.
M
City of San Luis Obispo CEQA FINDINGS Exhibit A
Nacimiento Water Project
Page 91
• Significant cumulative noise impacts could occur at the Nacimiento Dam if construction
phases at this location were to overlap. These noise impacts however would be mitigated
to insignificant levels by implementation of the proposed mitigation measures. Noise
from maintenance and other noise producing activities (road repair) could also be
mitigated to insignificant levels if were to occur at the same time.
• Cumulative traffic impacts associated with the proposed pipeline construction activities
occurring after roadway improvements have been completed on the same roads.
Numerous roadway improvement projects could occur simultaneously with the proposed
project. In many cases roadway improvements would precede installation of the water
pipeline, which would result in potential damage to the newly resurfaced roadway and/or
other improvement. To mitigate significant cumulative impacts associated with pipeline
construction following roadway improvements, work coordination and communication
between various County departments is recommended.
Growth - Inducing Impacts
Section 15126(g) of the State CEQA Guidelines requires that an EIR assess a project's potential
to induce additional economic or population growth or the construction of additional
infrastructure or housing beyond that anticipated for the project itself. The Guidelines state that a
project will have a significant growth- inducing impact if:
• It directly or indirectly fosters economic or population growth or additional housing; or,
• It removes obstacles to growth; or,
• It taxes community services facilities; or,
• It encourages or facilitates other activities that cause significant environmental effects.
The Guidelines define a growth- inducing impact as:
"the way in which the proposed project could foster economic or population growth, or
the construction of additional housing, either directly or indirectly, in the surrounding
environment. Included in this are [public works] projects which would remove obstacles
to population growth. Growth is not assumed to be necessarily beneficial, detrimental, or
of little significance to the environment. "
Findings:
• Approval of the NWP could result in additional growth or rate of growth in areas now
subject to water resource constraints. Recently approved/updated General Plans have
acknowledged that future growth will have significant, cumulative impacts. In areas
where forecasted water supplies exceed future demand, NWP water could be used to
foster growth outside existing service area boundaries. Private water companies in areas
located outside of Urban Service Lines (USL) or in agriculturally- designated areas would
be able to prove a source of water in applying for general plan amendments to change the
land use designations to accommodate projects with residential or other uses. Other
G
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impacts requiring mitigation (i.e. schools, roads, air quality), which would result as a
consequence of receiving supplemental water supplies are considered secondary or
indirect impacts, and depend on how local jurisdictions manage growth.
XI. Findings Regarding Alternatives to the Proposed Project
Alternative Screening Process
A screening approach to the alternatives analysis was developed. This approach meets the legal
requirements of CEQA and NEPA; assures that an EIR/EIS evaluates a reasonable range of
alternatives; and minimizes the number of alternatives that are carried forward for analysis in the
EIR/EIS. This approach also assures that only alternatives that offer some level of environmental
advantage over the proposed project are evaluated throughout the EIR/EIS. If an alternative was
found to be technically infeasible, then it was dropped from further consideration. This was the
primary feasibility factor that was used to eliminate an alternative without further screening
analysis.
A wide variety of alternatives for the Nacimiento Water Project were considered in a screening
analysis to address potential alternatives to the proposed project, as well as individual project
components. Alternatives were considered for the following components of the proposed
Nacimiento Water Project:
• No Project Alternative,
• NWP Treated Water Option
• 1997 NWP EIR Project Alignment,
• Combined Raw and Treated Water Alternative,
• Bradley Well Field Options,
• Alternative Camp Roberts Route,
• Lake Nacimiento Reservoir Intake Alternatives,
• Alternative WTP Sites,
• State Water Project,
• Additional Groundwater Pumping,
• Desalination,
• Reclamation, and
• Conservation.
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Only the following alternatives have been carried forward and analyzed throughout the EIR, the
other alternatives have been dropped from the analysis. The alternatives that have been selected
for analysis include:
• No Project Alternative,
• Proposed Project Treated Water Option
• 1997 NWP EIR Project Alignment,
• Phased Raw and Treated Water Alternative.
No Project/No Action Alternative
Description
The No Project/No Action Alternative is required by Section 15126.6(e) of the State CEQA
Guidelines. In this case, the No Project/No Action alternative refers to the potential
environmental consequences of not providing Nacimiento Water to the purveyors and to
allow the purveyors to continue to rely on groundwater.
Finding:
The No Project Alternative describes a water supply situation that acknowledges the Board
of Supervisors' decisions related to obtaining supplemental water from the State Water
Project (SWP). However, it does not include assumptions that supplemental water supply
projects will be developed when projects are either unfunded, unscheduled, or have not
undergone environmental review.
Under the No Project. Alternative, each project participant would need to evaluate their
specific water supply needs and available alternatives, which in many cases are quite
divergent amongst the participants. Beyond the continuing over reliance on groundwater
resources, it would be speculative to undertake an evaluation of what alternative each
participant would pursue in the absence of the NWP. Each of the projects discussed in
Section 3.0 of the Final EIR (Alternatives) could serve, at least partially, as an alternative
to the proposed project, especially for some project participants, and have been evaluated
on their own merit instead of as part of the No Project Alternative.
With no action, groundwater overdraft in some portions of San Luis Obispo County is
expected to continue to increase, resulting in lowered groundwater levels, deteriorating
water quality, potential aquifer subsidence and damage, and increased pumping costs, and
increased competition between agricultural interests and domestic users. Supply shortages
during drought periods could occur in some communities. The No Project Alternative,
therefore, does not meet the project objectives to increase reliability of water supply in the
County.
Under the No Project Alternative, all of the proposed project significant (Class I) impacts
would be eliminated since there would be no construction of the project facilities and water
use and distribution would not differ substantially from current conditions. The water
purveyors that applied for the Lake Nacimiento water would need to search for other
sources of water or rely on the existing sources currently available to them.
Proposed Project Treated Water Option
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Exhibit A
Description
This altemative would be similar to the proposed NWP Raw Water Option, but would add
a Water Treatment Plant (WTP) on Camp Roberts using the same location as the storage
tanks and pump station identified in the analysis of the Raw Water Option.
Finding
This altemative would not avoid or substantially lessen many of the impacts associated
with the proposed project, with the exception of the loss of riparian habitat at the three
water discharge and percolation facilities that would be located within the Salinas River
channel. However, impacts associated with the water discharge facilities have been fully
mitigated. In addition, the Treated Water Option would have the potential to impact
sensitive aquatic biological species in the event of a pipeline failure and the flow of
chlorinated water into nearby riparian areas. This impact was found to be less than
significant in the EIR.
Since this altemative very similar to the Raw Water Option, the same significant (Class I)
impacts associated with the proposed project would occur under this alternative. These
impacts include:
Air Quality
AQ.1— Construction activities would generate air emissions that would impact air quality
in the area. Air pollutant emissions during pipeline and facility construction would exceed
the San Luis Obispo County Air Pollution Control District's significance threshold, even
after implementation of all feasible mitigation. This impact would only last during the
construction of the project, with air quality impacts during project operations being less
than significant.
Growth Inducement
GA — Countywide, the growth inducing impacts of accepting supplemental water supplies
from the NWP could be considered significant, adverse and unavoidable. However,
locally impacts could vary depending on how project supplies are used by each project
participant.
1997 EIR Alternative
CEQA requires the consideration of alternative locations for a project when they provide an
opportunity to avoid or lessen one or more significant environmental. The other factors relating
to feasibility must also be weighed for these sites (whether it meets overall project objectives,
economically feasible, etc.). In addition, the ownership or control of the alternative site is another
factor in determining feasibility.
Alternative pipeline routes and locations of the other project facilities are shown in Figure 3 -1 of
the Final EIR (page 3 -11). The routes and locations of the alternative that was analyzed in the
EIR are shown in Figure 3 -2 (page 3 -14).
Description This altemative was the subject of a previous NWP EIR in 1997 and has been thoroughly
evaluated under CEQA. The alternative is designed to take place in two timeframes. The
first phase of the NWP 1997 EIR Altemative would include the construction and operation
of an intake and pump station at Lake Nacimiento; a construction corridor of
approximately 66 miles for water pipelines, two storage tanks and three pump stations;
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development of water discharge facilities north of the Cuesta Grade; upgrading an existing
WTP at the CMC south of the Cuesta Grade; and a limited number of water exchange
agreements. The second phase of the project would take place 5 -10 years after Phase I. It
would include construction of a WTP for Paso Robles, Templeton, and Atascadero; in
addition, one or two WTPs would be constructed at the same site to serve both Santa
Margarita purveyors.
Finding The significant (Class 1) impacts associated with the proposed project (construction- related
air quality and growth inducement) would occur under this alternative as well.
In addition, several other significant impacts were identified:
Hydrology and Water Quality
WQ.10 — For the 1997 EIR Project south side intake location and design, there would
be an increased potential for turbidity in discharges from the MCWRA power plant
during NWP intake construction. Under the 1997 EIR preferred alternative, the intake
was proposed to be tunneled from the south side of the dam, as opposed to the
Proposed Project north side tunneling plan. In addition, the lowest level inlet was
positioned at 660 feet elevation (10 feet below the current plan) and included a dredged
channel leading into the inlet. This would result in an increased potential for turbidity
in discharges from the MCWRA power plant during NWP intake construction.
Noise
NA — Construction noise would temporarily increase ambient daytime noise levels
along the pipeline route and near the pump station and WTP sites. Short term sound
levels would exceed acceptable levels at nearby sensitive receptors during construction
of project facilities.
Transportation/Circulation
T.2 — Pipeline construction would require partial road closures and reduce the number
of travel lanes during peak traffic periods for roadways with an LOS of D or worse,
resulting in a disruption of traffic flow and/or traffic congestion. This impact would be
more severe than in the proposed project due to the proposed route, and especially
along Nacimiento Lake Drive.
T3 — Partial street closures would temporarily restrict access to and from private
property and adjacent land uses. Limited route alternatives along Nacimiento Lake
Drive would result in substantial delays and impede access to private property.
T.8 — A pipeline failure could disrupt traffic during repairs. A failure along Nacimiento
Lake Drive would result in substantial traffic delays, with no suitable alternative route
available.
- I Aesthetics/Visual Resources
VR.2 — Visual impacts due to long -term presence of the pump station and water intake
structures at Nacimiento Dam adjacent to Nacimiento Lake Drive and Lake
Nacimiento Resort.
Phased Treated and Raw Water Alternative
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Exhibit A
Description
Similar to the NWP 1997 EIR Alternative, this alternative would be constructed in a
phased approach, starting out as a raw water project, and upon completion, would be a
treated water project.
Finding
This alternative would not avoid or substantially lessen many of the impacts associated
with the proposed project, but would spread many of the impacts out over a longer period
of time. In addition, seasonally sensitive impacts could be avoided by scheduling
construction activities during periods when impacts could be avoided or minimized, such
as sensitive species breeding periods, or during rainy periods when erosion and
sedimentation impacts would be greatest.
Since this alternative is a combination of the co -equal project options of a Raw or Treated
Water Project, the same significant (Class 1) impacts associated with the proposed project
would occur under this alternative. These impacts include:
Air Quality
AQ.1— Construction activities would generate air emissions that would impact air quality
in the area. Air pollutant emissions during pipeline and facility construction would exceed
the San Luis Obispo County Air Pollution Control District's significance threshold, even
after implementation of all feasible mitigation. This impact would only last during the
construction of the project, with air quality impacts during project operations being less
than significant.
Growth Inducement
G.1 — Countywide, the growth inducing impacts of accepting supplemental water supplies
from the NWP could be considered significant, adverse and unavoidable. However,
locally impacts could vary depending on how project supplies are used by each project
participant.
Environmentally Superior Alternative
CEQA requires that an EIR identify the environmentally superior alternative from among the
range of alternatives considered. Based on the analysis provided above and in the topical sections
of the Final EIR, the environmentally superior alternative is the Raw Water Option of the
Proposed Project.
XII. Mitigation Monitoring and Reporting Program
Section 21081.6 of the Public Resources Code requires that when a public agency is making
findings required by State CEQA Guidelines Section 15091(a)(1), codified as Section 21081(a)
of the Public Resources Code, the public agency shall adopt a reporting or monitoring program
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for the changes to the proposed project which it has adopted or made a condition of approval, in
order to mitigate or avoid significant effects on the environment.
The City Council hereby finds and accepts that the Mitigation Monitoring Program for the
Nacimiento Water Project contained in Appendix G of the FEIR meets the requirements of
Section 21081.6 of the Public Resources Code by providing for the implementation and
monitoring of mitigation measures intended to mitigate potential environmental effects.