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HomeMy WebLinkAbout08-16-2016 Item 12 Water Resource Recovery Facility Project EIR Certification and Funding Applicaion Request Meeting Date: 8/16/2016 FROM: Carrie Mattingly, Utilities Director Prepared By: David Hix, Deputy Director – Wastewater Jasmine Diaz, Assistant Program Manager – WSC SUBJECT: WATER RESOURCE RECOVERY FACILITY PROJECT – ENVIRONMENTAL IMPACT REPORT CERTIFICATION AND FUNDING APPLICATION REQUEST RECOMMENDATIONS 1. Adopt a resolution certifying the Water Resource Recovery Facility Project Environmental Impact Report; and 2. Adopt a resolution supporting the pursuit of Clean Water State Revolving Fund grant and loan funding, and authorizing staff to submit the environmental component of the State Revolving Fund financing package; and 3. Adopt a resolution in support of enhancing and expanding partnerships for the Water Resource Recovery Facility Project. DISCUSSION Background On July 7, 2015, Council adopted the Water Resource Recovery Facility Project Facilities Plan and authorized the issuance of a request for proposals for design engineering services. CH2M was awarded this contract in November 2015. CH2M is close to completing the preliminary design phase which consists of the development of a preliminary design report (PDR) and 30% drawings. Today’s Action A resolution certifying the EIR (attachment A) is a required action before construction can begin on the WRRF project. It is also required as a step in obtaining State Revolving Fund funding. Adopting the additional resolutions (attachments C and D) related to the WRRF Project will provide needed tools for staff to continue efficiently and effectively moving the project forward. Figure 1, following, shows the timeline for the next steps in the project through full design. 12 Packet Pg. 253 WRRF Project Milestones and Action Timeline Figure 1 Water Resource Recovery Facility Project Milestones and Clean Water State Revolving Fund Application Timeline shown side by side. (The highlighted boxes are times when the WRRF Project Team will come to Council.) 12 Packet Pg. 254 WRRF Project Design Update-in-Brief At the beginning of the design process, CH2M recommended that the City reexamine the secondary processes for nutrient removal found in the facilities plan and consider an alternative for cooling utilizing a wetlands approach. Using wetlands for cooling is still undergoing evaluation. After an extensive re-evaluation process, the membrane bioreactor (MBR) was chosen as the secondary process that demonstrated the best overall performance to meet upcoming regulatory requirements and achieve potable reuse goals. MBR has a robust biological reactor followed by a membrane to filter the effluent. This results in exceptional quality effluent and an additional layer of protection for downstream processes such as ultraviolet (UV) disinfection. Environmental Impact Report The City Council is being asked to certify the WRRF Project EIR (Council reading file) which adequately describes the project, project impacts, and mitigation measures necessary to reduce the potentially significant environmental impacts to less than significant levels. The WRRF Project EIR follows the California Environmental Quality Act (CEQA) requirements (attachment B) to identify the significant environmental impacts of a project and to avoid or mitigate the impacts if feasible. Overall, the WRRF Project will not have significant environmental impacts. The WRRF Project Draft EIR was circulated for public comment on April 18, 2016; public comments closed June 6, 2016. Comments received were reviewed, responded to, and appropriately integrated within the Final EIR. The Final EIR details significant environmental effects of proposed actions and identifies ways to avoid or reduce those impacts to a level of insignificance. The WRRF Project is located wholly within the existing fence line of the existing WRRF at 35 Figure 2. Example of a membrane bioreactor 12 Packet Pg. 255 Prado Road, with the exception of a storm water outfall that may be constructed near the San Luis Obispo Creek bed. Figure 3. Summary of Environmental Impact Report Key Sections While the proposed WRRF project is recommended, two other project choices were described in Impacts and Mitigations “All identified environmental impacts associated with the [WRRF] project can be mitigated to less than significant levels, either with the implementation of standard project best management practices (BMPs) included as part of the proposed project and/or with mitigation identified in the analysis. No significant unavoidable impacts would occur from proposed project implementation.” – Water Resource Recovery Facility Project Final EIR, page 5 12 Packet Pg. 256 the alternatives section of the EIR; no project and process options. Following is a brief summary of the two alternatives. No Project Alternative Not doing the project was determined to potentially be the environmentally superior alternative, when compared to the proposed project, in that it would avoid all of the potentially significant impacts associated with construction of the proposed project. However, it would not meet any of the objectives of the proposed project, including complying with the stringent discharge requirements included in the WRRF’s September 2014 National Pollutant Discharge Elimination System (NPDES) permit and the accompanying Time Schedule Order that establishes the compliance schedule for the project. In addition, none of the beneficial impacts of the project with regards to water quality and odor reduction would be realized under this alternative. Process Alternative This alternative considered a project with alternate technologies (other than MBR) that would also meet the NPDES permit requirements. These process alternatives (detailed in the WRRF Facilities Plan) include renewable energy, flow equalization, disinfection, cooling, secondary treatment, and filtration. This alternative has a similar level of impact as the proposed project. While these process options would be feasible for use at the WRRF site, they are not preferred. Mitigation, Monitoring, and Reporting Plan CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment. The Mitigation, Monitoring, and Reporting Program (MMRP) (Attachment B) is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the EIR, specific actions are required as well as the associated monitoring that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. The MMRP is a part of the EIR and, as a result of certifying the EIR, will be adopted by Council. The City will follow the requirements of the MMRP to ensure compliance with the adopted mitigation measures during project construction. For a complete breakdown of the project and its impacts see the full WRRF Project EIR in the Council reading file or at http://www.slocity.org/government/department-directory/utilities- department/documents-and-files. Resolution to Pursue CWSRF Financing (Attachment C) Certification of the WRRF EIR is a required precedent action to allow the City to submit the environmental section of a joint application for the Clean Water State Revolving Fund (CWSRF) low interest loan and the Water Recycling Funding Program (WRFP) construction funding program. These are two programs administered by the State Water Resources Control Board (SWRCB) with one combined application. The WRFP program requires a 50% cost share that can be satisfied by the CWSRF low interest financing. The CWSRF has no maximum funding limit and has no fund-matching requirements. The goals of the Clean Water State Revolving Fund and Water Recycling Fund loan and grant program include: 12 Packet Pg. 257 1. Help communities prevent pollution of precious water resources to maintain their beneficial uses. 2. Provide below-market rate financing for the construction of wastewater treatment and water recycling facilities. 3. To promote the beneficial use of treated municipal wastewater (water recycling) in order to augment fresh water supplies in California. The application includes four main components called packages: general, environmental, financial, and technical. As part of the pre-application process, the general package has already been submitted and, with the finalization of the EIR, the environmental package may be completed and submitted. Authorization to submit the environmental package, because of the long lead time the CWSRF program requires for its review, is being requested. Submission of the environmental package does not obligate the City to accept a CWSRF loan, but allows the time- consuming process to begin. The funding amount requested from the CWSRF can be amended until the final agreement with the State is drafted and approved by Council. It is anticipated the final agreement will be available for Council’s consideration by summer 2017. The CWSRF/WRFP programs will provide favorable low interest funding for the WRRF Project. Resolution Promoting the WRRF Project The mission of the WRRF Project is to deliver a Water Resource Recovery Facility in partnership with stakeholders that provides economic, social, and environmental value to our community. In alignment with the Project Charter (Attachment F), and in recognition of the importance of the project to the community, it is recommended City Council adopt a resolution (Attachment D) supporting the WRRF Project. The resolution adds value to and is intended to assist City staff with demonstrating the Council’s support for the WRRF Project when pursuing the development of partnerships with local, state, and federal agencies and organizations. Next Steps The preliminary design report is due to the City on August 5, 2016. The PDR will be reviewed by the project team after which time value engineering (VE) and a constructability review (CR) will occur. The VE process consists of a group of subject-matter experts coming together to identify opportunities for the City to maximize the value of the preliminary WRRF design. In addition to VE, the Project team will perform a constructability review to ensure the design that is proposed in the PDR is feasible to construct and identify potential flaws with the design that could result in issues during construction. The ideas and recommendations that result from both processes will inform the basis of the remainder of the design effort. The PDR is scheduled to come before the City Council in October/November 2016. This is the point where cost estimates will be updated. Council will also consider a recommendation to submit the technical and financial packages to SRF at this time. 12 Packet Pg. 258 Overall Project Schedule The WRRF Project is on schedule. After Council considers the PDR, final design will begin. The WRRF Project and Design Team is working diligently to stay on schedule in order to comply with the Time Schedule Order (TSO) completion date that is incorporated into the City’s National Pollutant Discharge Elimination System permit. The TSO date is the deadline for WRRF compliance with the NPDES permit limits for disinfection by-products and nutrients. The City and Central Coast Water Board (CCWB) staff have been and will continue to stay in close contact regarding the TSO requirements and project schedule milestones. Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4 Consultant Selection and Contracting Preliminary Design CEQA Final Design Bidding and Award Construction TSO Compliance Deadline Final Completion Project Implementation Activities 2021201520162017201820192020 FISCAL IMPACT There is no fiscal impact associated with the recommended actions at this time. Certification of the EIR obligates the City to follow the appropriate requirements of the Mitigation, Monitoring, and Reporting Plan to ensure compliance with the adopted mitigation measures during project construction. Costs associated with the MMRP will be incorporated into the updated project costs included with the PDR. Certification of the WRRF Project EIR and submission of the environmental package does not obligate the City to CWSRF commitments or loans. Alternatives 1. Council could choose not to certify the WRRF Project EIR should it find it lacking in some way. While a CEQA specialist prepared the document and it meets all CEQA requirements, should Council choose this alternative, staff requests specific direction as to what changes the Council requires in order for the EIR to be acceptable for certification. WRRF Project construction cannot move forward without a certified EIR. SRF funding cannot be considered without the EIR certification. 2. Council could choose to not adopt a resolution supporting the WRRF Project. The adoption of the resolution adds value to staff efforts to form partnerships that will benefit the Project and community. Should the Council not adopt the resolution, staff would still continue its partnering efforts just without the added value of the supporting resolution. 12 Packet Pg. 259 Attachments: a - Resolution WRRF EIR Certification b - Exhibit A-CEQA Findings and MMRP c - Resolution CWSRF and WRFP Funding Environmental Package d - Resolution WRRF Council Partnering e - Council Reading File - WRRF Project Final Environmental Impact Report f - Council Reading File-WRRF Project Charter 12 Packet Pg. 260 R ______ RESOLUTION NO. (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber City Hall, 990 Palm Street, San Luis Obispo, California, on April 27, 2016, for the purpose of receiving a presentation on the Water Resource Recovery Facility (WRRF) project Draft EIR; and WHEREAS, said public hearing was for the purpose of public testimony and providing feedback to staff on WRRF project Draft EIR; and WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 16, 2016, for the purpose of considering the Final EIR for the WRRF project ; and WHEREAS, the City Council has duly considered all evidence, including the testimony of interested parties and Planning Commissioners, and presented at said hearing, and the evaluation and recommendation by staff; and WHEREAS, notices of said public hearing were made at the time and in a manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Finding. Based upon all the evidence, including, without limitation, staff reports, memoranda, technical studies, maps, letters and minutes of all relevant meetings, the City Council hereby makes the following findings in addition to the CEQA findings set forth in Exhibit A attached hereto and incorporated herein as though set forth in full; 1. The Draft EIR for the Water Resources Recovery Facility (WRRF) was released on April 18, 2016 with a 45-day comment period that closed on June 6, 2016. The Final EIR was issued on July 25, 2016. For each identified potentially significant effect under the categories of Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, and Recreation, mitigation measures and/or the implementation of standard project best management practices (BMPs) were included and incorporated into the WRRF project to reduce the identified potentially significant impacts to less than significant levels. No significant unavoidable impacts were identified as a result of the proposed project implementation. 2. Pursuant to CEQA Guidelines Section 15025(c), the Planning Commission has reviewed and considered the information in the EIR prior to making its recommendations to the City Council. 12.a Packet Pg. 261 At t a c h m e n t : a - R e s o l u t i o n W R R F E I R C e r t i f i c a t i o n ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Resolution No. _____ (2016 Series) Page 2 R ______ 3. The EIR was presented to the City Council, and the Council has reviewed and considered the information contained in the EIR prior to approving the WRRF project. 4. The City Council finds that the information and analysis in the Final EIR prepared for the WRRF project reflects the independent judgment of the City Council as to the environmental consequences of the proposed project, and certifies the EIR as adequate, complete and in compliance with CEQA statues and guidelines, and the City’s local guidelines. SECTION 2. Action. The City Council hereby adopts the CEQA findings set forth herein, approves and adopts Mitigation Monitoring and Reporting Program attached as Exhibit A and hereby certifies the Final EIR for the WRRF project. The Utilities Director is hereby directed to file a notice of determination consistent herewith. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________, 2016. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney 12.a Packet Pg. 262 At t a c h m e n t : a - R e s o l u t i o n W R R F E I R C e r t i f i c a t i o n ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Resolution No. _____ (2016 Series) Page 3 R ______ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Lee Price, MMC Interim City Clerk 12.a Packet Pg. 263 At t a c h m e n t : a - R e s o l u t i o n W R R F E I R C e r t i f i c a t i o n ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CITY OF SAN LUIS OBISPO FINDINGS OF MITIGATION AND ADOPTION OF MITIGATION MONITORING PROGRAM FOR THE WATER RESOURCE RECOVERY FACILITY 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 2015101044) for the Water Resource Recovery Facility Project (WRRF) in determining to carry out the proposed project. The Final EIR consists of the Draft EIR; responses to comments on the Draft EIR; a list of persons and agencies commenting on the Draft EIR; a Mitigation Monitoring Program; and technical appendices. 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. Summary Project Description and Background The City is proposing the WRRF Project, which entails upgrading the City’s wastewater treatment facility to comply with updated discharge requirements outlined in the National Pollutant Discharge Elimination System (NPDES) permit adopted by the Regional Water Quality Control Board and State Water Resources Control Board in September 2014. The NPDES permit went into effect December 1, 2014, and compliance is required by November 30, 2019. At the same time, the WRRF would be upgraded to provide a nominal increase in average dry weather flow (ADWF) capacity to serve the needs of the City, as projected in the updated San Luis Obispo 2035 General Plan Land Use Element. The WRRF Project includes equipment and process upgrades that are based on meeting various performance standards so that the facility will comply with the updated discharge specifications set by the Regional Water Quality Control Board. Implementation of the proposed project would include the following elements: A. Demolishing existing structures to make room for new and enlarged equipment. B. Modernizing equipment and operations processes to improve primary, secondary, and tertiary wastewater treatment systems, as well as solids and liquids handling processes. C. Upgrading effluent cooling system through the addition of cooling towers, wetland cooling, and/or other methods. D. Improving internal site drainage for stormwater management and flood control, with the possibility of designing these improvements to support the effluent cooling system. E. Incorporating public amenities at the site, including within the newly constructed Water Resource Center, the proposed Learning Center, and grading and restoring land at the northeast corner of the WRRF site after removal of the existing supernatant lagoon; this restored area may ultimately be used for public park purposes under the direction of the City Parks and Recreation Department. F. Promoting continued research and development activities by Cal Poly and future testing of as yet unidentified pilot process and treatment technologies at the WRRF facility. 12.b Packet Pg. 264 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A These project elements are further described in the EIR, specifically Section 2.4.2, Project Characteristics, and the proposed changes are shown in Figure 2-4 (Construction Sequencing) and 2-5 (Proposed Site Plan). Additionally, detailed descriptions of the proposed upgrades are provided in Section 7 of the WRRF Facilities Plan, while control upgrades and other proposed amenities are further described in other sections of the WRRF Facilities Plan. The WRRF Facilities Plan is available at the following link: http://www.slocity.org/government/department-directory/utilities-department/wastewater/wastewater- treatment/wrrf-upgrade-project. Because the WRRF must continue operating during upgrades, not all of the demolition and upgrades would occur concurrently. The proposed construction sequencing is shown in Figure 2-4 of the EIR (Construction Sequencing) and described in the WRRF Facilities Plan (Figure 13-2). This sequencing, however, may be refined as the design process continues. Construction activities are expected to start in late 2017. The deadline for most of the proposed upgrades that are required to meet the Time Schedule Order issued by the RWQCB and SWRCB is November 30, 2019. Other upgrades that will address capacity, condition and other facility needs are planned to be completed as part of this project, at a later date. The proposed project and alternatives are described in more detail in the Water Resource Recovery Facility Project Final and Draft EIR (EIR), and Appendices thereto. The City of San Luis Obispo Staff recommends the proposed project (for which these CEQA Findings are prepared). As discussed in Section 5.0 (Alternatives) of the DEIR, the No Project Alternative was determined to potentially be the environmentally superior alternative, when compared to the proposed project in that it would avoid all of the potentially significant impacts associated with construction of the proposed project. However, it would not meet any of the objectives of the proposed project, including complying with the stringent discharge requirements included in the facility’s September 2014 National Pollutant Discharge Elimination System (NPDES) permit and the accompanying Time Schedule Order that establishes the compliance schedule for the project. In addition, none of the beneficial impacts of the project with regards to water quality and odor reduction would be realized under this alternative. The proposed project is described in more detail in the Staff Report accompanying these findings. III. 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 City Community Development Department office, San Luis Obispo, California: A. Documentary and oral evidence, testimony and staff comments and responses received and reviewed by the Lead Agency during public review and the public hearings on the Project. B. The City of San Luis Obispo Water Resource Recovery Facility Project Final Environmental Impact Report (July 2016). IV. The July 2016 Final Environmental Impact Report for the WRRF Project The City Council of the City of San Luis Obispo makes the following findings with respect to the July 2016 Final Environmental Impact Report for the Water Resource Recovery Facility Project SCH #2015101044: A. The City Council has considered the information in the July 2016 Final Environmental Impact Report for the Water Resource Recovery Facility Project, the pubnlic comments and responses previously submitted and the public comments and information presented at the public hearings. 12.b Packet Pg. 265 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A B. The City Council hereby finds and determines that implementation of the WRRF 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: 1. That, based on information set forth in the Final EIR, 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. 2. 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 WRRF Project. D. The City Council hereby finds and determines that 1. All significant effects have been eliminated or substantially lessened; 2. 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; 3. Should the WRRF Project have the potential to result in adverse environmental impacts that are not anticipated or addressed by the July 2016 Final EIR, subsequent environmental review shall be required in accordance with CEQA Guidelines Section 15162(a). V. Statement of Overriding Considerations Findings pursuant to CEQA Guidelines sections 15093 and 15092. A. The WRRF Project would not result in any significant, unmitigable, unavoidable adverse effects. Therefore, a statement of overriding considerations is not required. VI. Potential Environmental Effects Which Are Not Significant or Beneficial (Class III) The findings below are for Class III impacts. Class III impacts are adverse but not significant. The City Council has concluded that the following effects are adverse but not considered significant. Air Quality Impact AQ-1 The proposed project would not contribute to population growth, and would therefore be consistent with the growth assumptions in the 2001 Clean Air Plan and the City of San Luis Obispo Climate Action Plan. This impact would be Class III, less than significant. Impact AQ-3 Standard operation of the proposed project would involve regular testing of two new diesel generators, which would incrementally increase long-term emissions. Regular testing of the generators would ensure they would not generate emissions greater than the daily or annual thresholds set by SLOAPCD. Impacts would be Class III, less than significant. Impact AQ-4 In the unlikely event of an emergency power outage, the two new generators would temporarily generate worst-case scenario emissions over a short period of time. Impacts would be Class III, less than significant. Greenhouse Gas Emissions 12.b Packet Pg. 266 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A Impact GHG-1 The proposed project would generate greenhouse gas emissions through construction, increased energy use, increased biogenic processes as a result of the increased wastewater capacity, and testing of emergency diesel generators. The increased emissions would be below the SLOAPCD threshold for annual greenhouse gas emissions, therefore impacts would be Class III, less than significant. Impact GHG-2 The proposed project would not conflict with State GHG reduction goals, or any applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. Impacts would be Class III, less than significant. Hazards and Hazardous Materials Impact HAZ-4 The proposed project would not result in a safety hazard for people residing or working in the project area due to location within an airport land use plan. Impacts would be Class III, less than significant. Hydrology/Water Quality Impact HYD-2 The proposed project would not result in flooding, erosion or siltation on- or off-site. Impacts would be Class III, less than significant. Noise Impact N-1 Construction activities associated with the proposed project would expose nearby sensitive receptors to temporary increases in noise, however, these would not exceed City noise thresholds. Impacts would be Class III, less than significant. Impact N-2 Project construction would expose nearby sensitive receptors to a temporary increase in vibration levels. However, vibration levels during construction would not expose nearby structures to vibration damage or excessive vibration noise. Impacts would be Class III, less than significant. Impact N-3 Noise associated with operation of the proposed project would not exceed City thresholds. Therefore, impacts would be Class III, less than significant. Public Services and Utilities Impact UTL-1 The proposed project would not directly or indirectly induce population growth and require the need for new or addition fire protection or police services that would result in the need for expanded facilities. Impacts would be Class III, less than significant. Impact UTL-3 Stormwater drainage improvements are included as part of the proposed project. Impacts would be Class III, less than significant. Impact UTL-5 The proposed project would not be served by a landfill with insufficient capacity to accommodate solid waste that would be generated. Impacts would be Class III, less than significant. Impact UTL-6 The proposed project would comply with all federal, state, and local statutes and regulations related to solid waste. Impacts would be Class III, less than significant. VII. Potential Significant Effects Which Have Been Mitigated to a Level of Insignificance 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. The City Council has concluded that the mitigation measures identified in the Mitigation Monitoring Program (Section X.) 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. Air Quality 12.b Packet Pg. 267 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A Impact AQ-2 Construction of the proposed project would result in temporary generation of air pollutants, which would affect local air quality. Short term emissions would exceed SLOAPCD thresholds for ozone precursors. Impacts would be Class II, potentially significant unless mitigation is incorporated. Biological Resources Impact BIO-1 Construction of the project could have a substantial adverse effect on candidate, sensitive, or special-status species. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact BIO-2 Construction of the project could have a substantial adverse effect on sensitive habitats, including riparian areas. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact BIO-3 Construction of the project could have a substantial adverse effect on Federally protected wetlands as defined by Section 404 of the Clean Water Act. Impacts would be Class II, potentially significant unless mitigation is incorporated. Cultural Resources Impact CR-1 Construction of the proposed project would involve ground-disturbing activities which have the potential to unearth or adversely impact archaeological resources. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact CR-2 Construction of the proposed project would involve ground-disturbing activities which have the potential to unearth or adversely impact paleontological resources. Impacts would be Class II, potentially significant unless mitigation is incorporated. Hazards and Hazardous Materials Impact HAZ-1 Construction of the proposed project would temporarily increase the routine transport and use of hazardous materials used in construction activities. Operation of the expanded and upgraded WRRF would entail the routine transportation, use, storage, and/or disposal of minor amounts of hazardous materials. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact HAZ-2 The proposed project has potential to create a hazard through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment during both construction and operation. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact HAZ-3 The proposed project could result in the disturbance of contaminated soils on an active cleanup sites listed on the SWRCB GeoTracker database. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact HAZ-5 The proposed project could impair or physically interfere with an adopted emergency evacuation and response during construction. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact HAZ-6 The proposed project would not increase the exposure of people or structures to wildfire risks due to population growth, but construction activities could create hazardous fire conditions. Impacts would be Class II, potentially significant unless mitigation is incorporated. Hydrology and Water Quality Impact HYD-1 During construction the proposed project could potentially violate water quality standards or waste discharge requirements. Impacts would be Class II, potentially significant unless mitigation is incorporated. Impact HYD-4 The proposed project would result in placement of structures within a 100-year flood hazard area. Impacts would be Class II, potentially significant unless mitigation is incorporated. Recreation 12.b Packet Pg. 268 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A Impact REC-2 Impacts associated with construction of the recreational components of the proposed project are part of the wider project analyzed in this EIR. Potential adverse impacts have been identified in several environmental issue areas, related primarily to construction activities associated with the proposed project. Impacts would be Class II, potentially significant unless mitigation is incorporated. VIII. Potential Significant Unavoidable Effects for Which Sufficient Mitigation is not Feasible (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...": No significant and unavoidable (Class I) impacts were identified. IX. Beneficial Impacts (Class IV) Class IV impacts are beneficial impacts. Air Quality Impact AQ-5 The proposed project would have the potential to emit odors as a result of several processes on site. However, one of the main objectives of the proposed project is to prevent and reduce odor on site, with a variety of odor control technologies proposed. The reduction of odors to levels lower than currently emitted at the project site is a goal for the City of San Luis Obispo, and new odor control systems and enhancements to the treatment process would accomplish this. Therefore, impacts would be Class IV, beneficial. Public Services and Utilities Impact UTL-2 The proposed project would include improvements to the WRRF, which would improve treated wastewater quality. There would be a beneficial impact on wastewater effluent quality. Impacts would be Class IV, beneficial. Hydrology/Water Quality HYD-3 The proposed project would result in an improvement in the quality of discharges from the WRRF to San Luis Obispo Creek. Impacts would be Class IV, beneficial. Recreation Impact REC-1 The proposed project would enhance recreational amenities at the site. This is a Class IV, beneficial impact. X. 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)(l), codified as Section 21081(a) of the Public Resources Code, the public agency shall adopt a reporting or monitoring program 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 Draft Mitigation Monitoring Program for the WRRF Project attached hereto and incorporated herein by reference 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. 12.b Packet Pg. 269 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A XI. Alternatives The City has examined a reasonable range of alternatives to the project, including the required No Project Alternative. The City has determined that none of these alternatives, taken as a whole, is both environmentally superior and more feasible than the project. The Final EIR identifies the No Project Alternative as the environmentally superior alternative. However, it would not meet any of the objectives of the proposed project, including complying with the stringent discharge requirements included in the facility’s September 2014 NPDES permit and the accompanying Time Schedule Order that establishes the compliance schedule for the project. In addition, none of the beneficial impacts of the project with regards to water quality and odor reduction would be realized under this alternative.  Alternative 1 No Project. The No Project Alternative assumes that the project site and existing treatment methods at the WRRF would remain as currently described in the existing setting under each issue area discussed in Chapter 3, Environmental Setting, Impacts and Mitigation Measures. It should be noted that implementation of the No Project Alternative would not be feasible because implementation of improvements at the project site are required to meet the more stringent discharge limits in the new NPDES permit for the facility as well as the accompanying Time Schedule Order. The Time Schedule Order establishes the compliance schedule for the permit and requires the City achieve the required disinfection byproduct limits and nitrate limits by November 30, 2019. If the No Project Alternative is selected the City would not be able to achieve compliance with the NPDES permit requirements in the required timeframe.  Alternative 2 Alternate Process Options. Alternative 2 considers alternate technologies that would enable the WRRF to meet the new NPDES permit requirements. These process alternatives are available for renewable energy, flow equalization, disinfection, cooling, secondary treatment and filtration. Details of these various alternatives are discussed in the WRRF Facilities Plan. While these alternate process options were not included in the proposed project, they would be feasible for use at the WRRF site, though not preferred based on the various alternative analyses that were performed and the objectives and performance measures in the WRRF Programs Charter. For a list of the current technology at the site, the technology that was selected for each process for inclusion in the proposed project, and a list of the alternate technologies considered as part of this alternative, refer to Table 5-1 in the Final EIR. The alternate technologies considered comprise Alternative 2. Alternative 2 would result in a similar level of impact as the proposed project, though in some issue areas, such as air quality, noise and greenhouse gases, potential impacts could be better or worse depending on which combination of process options is selected. This alternative would avoid the potential need to realign the segment of the Bob Jones Bike Trail that passes through the southern portion of the site as it would not include the wetland cooling option. The impact to the trail resulting from the proposed project would be less than significant as it would not necessitate removal of the trail from within the site and would maintain continuity with the portions of the trail north and south of the facility. 12.b Packet Pg. 270 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A WATER RESOURCE RECOVERY FACILITY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The Mitigation Monitoring and Reporting Program (MMRP) is designed to ensure compliance with adopted mitigation measures during project implementation. For each applicable mitigation measure recommended in this Environmental Impact Report, specifications are made herein that identify the action required and the monitoring that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the Mitigation Monitoring and Reporting Program. In order to implement this MMRP, the City of San Luis Obispo shall designate a Project Mitigation Monitoring and Reporting Coordinator (“Coordinator”). The coordinator shall be responsible for ensuring that the mitigation measures incorporated into the project are complied with during project implementation. The following table shall be used as the Coordinator’s checklist to determine compliance with required mitigation measures. 12.b Packet Pg. 271 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A 12.b Packet Pg. 272 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A Mitigation Measure/Condition of Approval Action Required Timing Monitoring Frequency Responsible Agency or Party In i t i a l Da t e Co m m e n t s AIR QUALITY 12.b Packet Pg. 273 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A AQ-2(a) Standard Mitigation Measures. The project shall comply with the following, outlined in Section 2.3.1 of the SLOAPCD CEQA Handbook:  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel powered equipment with CARB certified fuel (non-taxed version suitable for use off-road);  Use diesel construction equipment meeting CARB’s Tier 2 certified engines or cleaner off-road heavy- duty diesel engines, and comply with the State off-Road Regulation;  Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation;  Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOX exempt area fleets) may be eligible by proving alternative compliance;  All on and off-road diesel equipment shall not idle for more than 5 minutes, with the exception of concrete delivery vehicles. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;  Diesel idling within 1,000 feet of sensitive receptors is not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Equipment shall be electrified when feasible;  Diesel powered equipment shall be substituted with gasoline powered equipment when feasible;  Alternatively fueled construction equipment shall be used onsite when feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel. Verify that standard mitigation measures are included as a note on all grading and building permits. Verify that standard mitigation measures are included as a note contractor’s specifications. Field verify compliance. Prior to issuance of grading and building permits. Prior to issuance of contractors specifications . During grading and construction. Once. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 274 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A AQ-2(b) Best Available Control Technology (BACT) for Construction Equipment. The following BACTs, outlined in the SLOAPCD CEQA Handbook, shall be incorporated into construction of the proposed project:  Tier 3 or Tier 4 off-road and 2010 on-road compliant engines shall be used;  Equipment shall be repowered with the cleanest engine available;  California Verified Diesel Emission Control Strategies shall be installed. Verify that standard BACT are included as a note on all grading and building permits. Verify that standard BACT are included as a note contractor’s specifications. Field verify compliance. Prior to issuance of grading and building permits. Prior to issuance of contractors specifications . Continuously during grading and construction. Once. Once. Periodically during grading and construction . City of San Luis Obispo Utilities Department BIOLOGICAL RESOURCES BIO-1(a) Special Status Plant Species Surveys. Prior to the start of on-site construction activities and when the plants are in a phenological stage conducive to positive identification (i.e., usually during the blooming period for the species), the applicant shall ensure an approved biologist will conduct surveys for special status plant species throughout suitable habitat within the project site. Verify that a qualified biologist has conducted pre-construction surveys for special- status plant species within all vegetation communities on the project site with the exception of the “Developed/Landscape d/Constructed” areas shown on Figure 3.2-1 in the Final EIR. Prior to start of construction. Once. City of San Luis Obispo Utilities Department BIO-1(b) Special Status Plant Species Avoidance. If special status plant species are discovered within the study area, the applicant shall ensure an approved biologist will flag and fence these locations before construction activities start to avoid impacts. Verify that standard Special Status Plant Species Avoidance Measures are implemented, as required based on the pre-construction surveys. Prior to start of construction. Field verify during construction to ensure avoidance measures remain in place. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 275 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(c) Restoration Plan. If avoidance is not feasible; the applicant shall ensure all impacts be mitigated at a minimum ratio of 2:1 (number of acres/individuals restored to number of acres/individuals impacted) for each species as a component of habitat restoration. The applicant shall prepare and submit a restoration plan to the City for approval. The restoration plan shall include, at a minimum, the following components:  Description of the project/impact site (i.e., location, responsible parties, areas to be impacted by habitat type);  Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved];  Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values);  Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including species to be used, container sizes, seeding rates, etc.]);  Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule);  Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year, along with performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, and annual monitoring reports to be submitted to the City for a maximum of five years;  Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type; If avoidance is not feasible, verify that a restoration plan has been prepared by a qualified biologist/ restoration ecologist which includes the required components. Verify that the restoration plan has been completed prior to issuance of grading permits. Verify that habitat restoration plan has been implemented by end of construction. Once. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 276 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A  An adaptive management program and remedial measures to address any shortcomings in meeting success criteria;  Notification of completion of compensatory mitigation and agency confirmation; and  Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). BIO-1(d) Best Management Practices. The applicant shall ensure the following general wildlife Best Management Practices (BMPs) are required:  No pets or firearms shall be allowed at the project site during construction activities.  All trash that may attract predators must be properly contained and removed from the work site. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site.  All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from San Luis Obispo Creek and the southern holding ponds and in a location where a spill would not drain toward aquatic habitat. A plan must be in place for prompt and effective response to any accidental spills prior to the onset of work activities. All workers shall be informed of the appropriate measures to take should an accidental spill occur.  To control sedimentation during and after project implementation, appropriate erosion control BMPs (i.e., use of coir rolls, jute netting, etc.) shall be implemented to minimize adverse effects on adjacent San Luis Obispo Creek. No plastic monofilament netting shall be utilized on-site.  All vehicles and equipment shall be in good working condition and free of leaks.  Environmentally Sensitive Areas shall be delineated to confine access routes and construction areas.  Work shall be restricted to daylight hours. Verify that standard BMPs are included as a note on all grading and building permits. Verify that standard BMPs are included as a note contractor’s specifications. Field verify compliance that BMPs are in place in all identified Environmentally Sensitive Areas. Environmentally Sensitive Areas include: any area where a special status species plant is identified; San Luis Obispo Creek and the surrounding riparian vegetation (i.e. red willow thicket – see Final EIR Figure 3.2-1); and areas where nesting birds are identified to be present. Prior to issuance of grading and building permits. Prior to issuance of contractor’s specifications . During grading and construction. Once. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 277 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(e) WEAP Training. Prior to the initiation of construction activities (including staging and mobilization), the applicant shall ensure all personnel associated with project construction shall attend a Worker Environmental Awareness Program (WEAP) training.  The training shall be conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the project area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and avoidance measures required to reduce impacts to biological resources within the work area. 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. All employees shall sign a form provided by the trainer documenting they have attended the WEAP and understand the information presented to them. Verify that all personnel associated with project construction activities in Environmentally Sensitive Areas attend WEAP training prior to start of construction. Personnel associated with construction in these areas who have not completed the WEAP training shall be accompanied onsite by personnel who has completed the training. Prior to start of construction. During construction period as new workers attend the site. Once. Periodically. City of San Luis Obispo Utilities Department BIO-1(f) Blainville’s Horned Lizard (Phrynosoma blainvilli). The applicant shall ensure the following measures are implemented to avoid and minimize potential impacts to Blainville’s horned lizard.  A qualified biologist shall be present on-site during initial ground disturbance in areas determined to have suitable habitat for this species. Any Blainville’s horned lizards that are observed during initial ground disturbance shall be relocated the shortest distance possible to a location that contains suitable habitat not likely to be affected by activities associated with the proposed project. Verify that a qualified biologist is present on- site during initial ground disturbance in areas determined to have suitable habitat for Blainville’s Horned Lizard. Suitable habitat onsite consists of Groves and Screens, Annual Grassland, and Coastal Scrub (see Final EIR Figure 3.2-1). Verify any relocation completed complies with distance requirements. During initial ground disturbance at identified sensitive areas. During relocation activities. As needed. As needed. City of San Luis Obispo Utilities Department 12.b Packet Pg. 278 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(g) Western Pond Turtle (Actinemys [=Emys] marmorata). The applicant shall ensure the following measures are implemented to avoid and minimize potential impacts to southern western pond turtle:  A qualified biologist(s) shall conduct a pre-construction survey within 24 hours prior to the onset of work activities within and around areas considered potential western pond turtle habitat. If this species is found and the individuals are likely to be injured or killed by work activities, the approved biologist shall be allowed sufficient time to move them from the project site before work activities begin. The biologist(s) must relocate the any western pond turtle the shortest distance possible to a location that contains suitable habitat that is not likely to be affected by activities associated with the proposed project.  Access routes, staging, and construction areas shall be limited to the minimum area necessary to achieve the project goal and minimize potential impacts to southern western pond turtle habitat including locating access routes and construction staging areas outside of wetlands and riparian areas to the maximum extent practicable. Verify that a qualified biologist conducted a pre-construction survey within 24 hours prior to the onset of work activities within and around areas considered potential western pond turtle habitat. This is only applicable to the red willow thicket and sparsely vegetated streambed vegetation communities and the holding ponds (see Final EIR Figure 3.2-1). Verify required relocation occurs and complies with distance requirements. Verify minimization of access routes, staging areas and construction areas in in riparian and wetland areas. Prior to start of work activities in identified areas. Prior to start of work activities in identified areas. Prior to start of work activities in identified areas. Once. Once. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 279 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(h) California Red-Legged Frog (Rana draytonii). The applicant shall ensure the following measures are implemented to ensure that impacts to CRLF from the proposed project are reduced to a less than significant level.  Only USFWS-approved biologists shall participate in activities associated with the capture, handling, and monitoring of CRLF.  Ground disturbance shall not begin until written approval is received from the USFWS that the biologist is qualified to conduct the work. If the USFWS does not authorize the relocation of CRLF occurring within the project site, CRLF found within the project site shall be avoided with a 100- foot buffer and no activities shall occur within that buffer until the CRLF has left the project site on its own.  The project site shall be surrounded by a solid temporary exclusion fence (such as silt fencing) that shall extend at least three feet above the ground and be buried into the ground at least 6 inches to exclude CRLF from the project site. Plastic monofilament netting or other similar material will not be used. The location of the fencing shall be determined by a qualified biologist. The fence shall remain in place throughout construction activities. Installation of the exclusion fencing shall be monitored by a qualified biologist to ensure that it is installed correctly.  All vehicles and equipment shall be in good working condition and free of leaks.  Environmentally Sensitive Areas shall be delineated to confine access routes and construction areas.  Work shall be restricted to daylight hours.  To ensure that diseases are not conveyed between work sites by the approved biologist, the fieldwork code of practice developed by the Declining Amphibian Populations Task Force shall be followed at all times.  No pets or firearms shall be permitted on-site. Verify receipt of written approval from USFWS of the approved biologist. Verify placement of exclusion fencing around areas of suitable habitat, including red willow thicket, sparsely vegetated streambed, seasonal wetland and the holding ponds (see Final EIR Figure 3.2-1), as well as on the southern and eastern boundaries of the site to place a barrier between the San Luis Obispo Creek riparian corridor and the rest of the site with the exception of the northern portion of the site where operations are ongoing and the adjacent habitat is developed/landscaped/co nstructed. Verify vehicles and equipment are in good working order. Verify delineation of Environmentally Sensitive Habitats. Verify work hour restrictions, the fieldwork code of practice developed by the Declining Amphibian Populations Task Force, and pet and firearm restrictions are included as a note on the contractor’s specifications. Field verify compliance with work hour restrictions, the fieldwork code of practice developed by the Declining Amphibian Populations Prior to start of construction. Prior to start of construction; during construction period. During construction period. Prior to start of construction; during construction period. Prior to start of construction. During construction period. Once. Once; periodically. Periodically. Once; periodically. Once. Periodically. City of San Luis Obispo Community Developmen t Department 12.b Packet Pg. 280 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A Task Force, and pet and firearm restrictions. 12.b Packet Pg. 281 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(i) Steelhead Trout (Oncorhynchus mykiss irideus). The applicant shall ensure the following mitigation measures are undertaken to ensure that impacts to steelhead from the proposed project are reduced to a less than significant level. These measures are included in or are subsequent to the measures stipulated in the facility’s existing National Marine Fisheries Service Biological Opinion.  Before any activities begin on the project, a qualified biologist will conduct a training session for all construction personnel. At a minimum, the training will include a description of the steelhead and its habitat, the specific measures that are being implemented to conserve this species for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.  During the duration of project activities, all trash that may attract predators will be properly contained and secured, promptly removed from the work site, and disposed of regularly. Following construction, all trash and construction debris will be removed from the work areas.  All refueling, maintenance, and staging of equipment and vehicles will occur at least 100 feet from riparian habitat or bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). The monitor shall ensure that contamination of suitable habitat does not occur during such operations. Prior to the onset of work activities, a plan must be in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should an accidental spill occur.  The number of access routes, size of staging areas, and the total area used for construction activities shall be limited to the minimum Verify that all construction personnel working in proximity to San Luis Obispo Creek or on activities that could result in indirect impacts to the creek attend a Steelhead Trout training. Verify compliance with all requirements of the measure.  For the purposes of this measure the area identified as “immediate vicinity of San Luis Obispo Creek” is defined as the red willow thicket vegetation community (see Final EIR Figure 3.2-1).  Cover of stock piles is required during rain events and when not actively in use.  Silt fencing is required along the top of bank only where project related construction will occur; specifically in the area where the outfall will be installed within the red willow thicket vegetation community. Prior to start of construction. During construction period as new workers attend the site. During construction. Once. Periodically. Continuousl y. City of San Luis Obispo Utilities Department 12.b Packet Pg. 282 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A area necessary to achieve the project goals.  The City will attempt to schedule work within the immediate vicinity of San Luis Obispo Creek for times of the year when potential impacts to steelhead would be minimal. To the maximum extent feasible, work should be restricted during the wet season (October 15 through April 30) and should ideally occur during the late summer and early fall.  To control sedimentation during and after project implementation, the City shall implement the following BMPs. If the BMPs are somehow ineffective, the City, in consultation with the appropriate resource agency(ies), will attempt to remedy the situation immediately.  It shall be the owner’s/contractor’s responsibility to maintain control of the entire construction operations and to keep the entire site in compliance.  The owner/contractor shall be responsible for monitoring erosion and sediment control measures (including but not limited to fiber rolls, inlet protections, silt fences, and gravel bags) prior, during and after storm events, monitoring includes maintaining a file documenting onsite inspections, problems encountered, corrective actions, and notes and a map of remedial implementation measures.  All earth stockpiles over 2.0 cubic yards shall be covered with a tarp and ringed with straw bales or silt fencing. The site shall be maintained so as to minimize sediment-laden runoff to any storm drainage system including existing drainage swales and/or sand watercourses. o Construction operations shall be carried out in such a manner that erosion and water pollution will be minimized. o State and local laws concerning pollution abatement shall be complied with. o If grading operations are expected to denude slopes, the slopes shall be protected 12.b Packet Pg. 283 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A with erosion control measures immediately following grading on the slopes.  Specifically, in order to prevent sedimentation and debris from entering San Luis Obispo Creek during construction, silt fencing shall be installed along the top of the banks on the west side of the channel prior to the onset of construction activities.  The project biologist will monitor construction activities, in stream habitat, and overall performance of BMPs and sediment controls for the purpose of identifying and reconciling any condition that could adversely affect steelhead or their habitat.  Equipment will be checked daily for leaks prior to the initiation of construction activities. A spill kit will be placed near the creek and will remain readily available during construction in the event that any contaminant is accidentally released.  In addition to these avoidance and minimization measures, mitigation measure BIO-2 would also ensure that potential indirect impacts to steelhead from this project are reduced to the extent practicable. 12.b Packet Pg. 284 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-1(j) Nesting Birds. The applicant shall ensure the following mitigation measures are undertaken to reduce any potential impacts to nesting birds to a less than significant level.  For construction activities occurring during the nesting season (generally February 1 to September 15), surveys for nesting birds covered by the California Fish and Game Code and the Migratory Bird Treaty Act shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal. The surveys shall include the disturbance area plus a 500-foot buffer around the site. If active nests are located, all construction work shall be conducted outside a buffer zone from the nest to be determined by the qualified biologist. The buffer shall be a minimum of 50 feet for non-raptor bird species and at least 300 feet for raptor species. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. The buffer area(s) shall be closed to all construction personnel and equipment until the adults and young are no longer reliant on the nest site. A qualified biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to removal of the buffer. If feasible, removal of vegetation within suitable nesting bird habitats will be scheduled to occur in the fall and winter (between September 1 and February 14), after fledging and before the initiation of the nesting season. If initial ground disturbing activities occur during the breeding bird nesting season, verify that a qualified biologist has performed a nesting bird survey with results submitted to the City. If active bird nests are located during the pre- construction survey, field verify buffer zones. The size of the buffer zones required will be at the discretion of the qualified biologist. Prior to start of construction (if during nesting season) During construction. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 285 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-2 Riparian Habitat. A Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared which will provide a minimum a 1:1 ratio for temporary and permanent impacts to riparian habitat. The HMMP will identify the specific mitigation sites and it will be implemented immediately following project completion. The HMMP shall include, at a minimum, the following components:  Description of the project/impact site (i.e. location, responsible parties, areas to be impacted by habitat type);  Goal(s) of the compensatory mitigation project [type(s) and area(s) of habitat to be established, restored, enhanced, and/or preserved; specific functions and values of habitat type(s) to be established, restored, enhanced, and/or preserved];  Description of the proposed compensatory mitigation-site (location and size, ownership status, existing functions and values of the compensatory mitigation-site);  Implementation plan for the compensatory mitigation-site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan [including plant species to be used, container sizes, seeding rates, etc.]);  Maintenance activities during the monitoring period, including weed removal and irrigation as appropriate (activities, responsible parties, schedule);  Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports);  Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 80 percent relative cover by vegetation type;  An adaptive management program and remedial measures to Verify that a HMMP has been prepared by a qualified biologist/ restoration ecologist and that it includes the required components. The HMMP would apply to areas of riparian habitat only (i.e. red willow thicket – see Final EIR Figure 3.2-1). Verify compliance with HMMP. Prior to start of construction. During construction. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 286 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A address negative impacts to restoration efforts;  Notification of completion of compensatory mitigation and agency confirmation; and  Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism). 12.b Packet Pg. 287 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A BIO-3 Jurisdictional Water and Wetlands BMPs. The following BMPs shall be implemented: 1. To control sedimentation during and after project implementation, appropriate erosion control best management practices (i.e., installation of straw wattle, jute netting, etc.) shall be implemented to minimize adverse effects on jurisdictional areas in the vicinity of the project. Plastic monofilament erosion control matting will not be implemented onsite. 2. Project activities within the jurisdictional areas shall occur during the dry season (typically between June 1 and November 1) in any given year, or as otherwise directed by the regulatory agencies. Deviations from this work window can be made with permission from the relevant regulatory agencies. 3. During construction, no litter or construction debris shall be placed within jurisdictional areas. All such debris and waste shall be picked up daily and properly disposed of at an appropriate site. In addition, all project-generated debris, building materials, and rubbish shall be removed from jurisdictional areas and from areas where such materials could be washed into them. 4. Any substances which could be hazardous to aquatic species resulting from project-related activities shall be prevented from contaminating the soil and/or entering jurisdictional areas. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from bodies of water and in a location where a potential spill would not drain directly toward aquatic habitat (e.g., on a slope that drains away from the water source). Prior to the onset of work activities, a plan must be in place for prompt and effective response to any accidental spills. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should an accidental spill occur. Verify that BMPs are included as a note on all grading and building permits. Verify that BMPs are included on contractor’s specifications. Field verify compliance in area of jurisdictional waters as identified on Final EIR Figure 3.2-1. Prior to issuance of grading and building permits. Prior to issuance of contractor specifications . During construction activities. Once. Once. Periodically. City of San Luis Obispo Utilities Department 12.b Packet Pg. 288 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CULTURAL RESOURCES CR-1(a) WEAP Training. Prior to project construction, the applicant shall retain a qualified archaeologist meeting the Secretary of the Interior’s Standards for historic archaeology to conduct a Worker’s Environmental Awareness Program (WEAP) for all construction personnel working on the project. The training shall include an overview of potential cultural resources that could be encountered during ground disturbing activities to facilitate worker recognition, avoidance, and notification to a qualified archaeologist in the event of unanticipated discoveries. The Native American monitor shall also be present at the WEAP training to provide the Native American perspective on cultural resources and potential project-related impacts, and to receive information regarding the project schedule, roles and responsibilities, and mitigation measures. Verify that all personnel associated with ground disturbing activities attend a WEAP training. Personnel associated with ground disturbing activities who have not completed the WEAP training shall be accompanied onsite by personnel who has completed the training. Prior to start of construction; During construction period as new workers attend the site. Once. Periodically. City of San Luis Obispo Utilities Department CR-1(b) Archaeological and Native American Monitoring. Prior to project construction the applicant shall retain a qualified archaeologist and Native American representative to conduct archaeological monitoring of all project related ground disturbing activities within 200 feet of the creek bed. Archaeological monitoring should be performed under the direction of an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology (NPS 1983). The duration and timing of monitoring shall be determined by the qualified archaeologist in consultation with the City and based on the grading plans and level of previous disturbance within work areas. If archaeological resources are encountered during ground- disturbing activities, work in the immediate area must halt and the find be evaluated for significance under Section 106 of the NHPA and CEQA. Verify that a qualified archaeologist and Native American monitor are present for all project related ground disturbing activities within 200 feet of the centerline of the creek bed. Verify conditions of measure are implemented if archaeological resources are discovered. Field verification as necessary during construction period. As needed. Periodically. As needed. City of San Luis Obispo Utilities Department 12.b Packet Pg. 289 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CR-1(c) Discovery of Archaeological Resources. In the event that archaeological resources are unearthed during project construction, all earth disturbing work within the vicinity of the find shall be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find. Evaluation of significance for the find may include the determination of whether or not the find qualifies as an archaeological site. Isolated finds do not qualify as historical resources under CEQA or historic properties under the NHPA and require no management consideration under either regulation. Should any resource(s) be identified, an evaluation of eligibility for the CRHR and NRHP may be required through the development of a treatment plan including a research design and subsurface testing through the excavation of test units and shovel test pits. After effects to the find have been appropriately mitigated, work in the area may resume. Mitigation of significant impacts or adverse effects to the find may include a damage assessment of the find, archival research, and/or data recovery to remove any identified archaeological deposits, as determined by a qualified archaeologist. Verify that standard mitigation measure CR- 1(c) is included as a note on contractor’s specifications. Verify measure implemented if archaeological resources are discovered. Prior to start of construction. As needed. Once. As needed. City of San Luis Obispo Utilities Department CR-1(d) Discovery of Human Remains. If human remains are found, the State of California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the San Luis Obispo County coroner must be notified immediately. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a most likely descendant (MLD). The MLD shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Verify that standard mitigation measure CR- 1(d) is included as a note on contractor’s specifications. Verify measure implemented if human remains are discovered. Prior to start of construction. As needed. Once. As needed. City of San Luis Obispo Utilities Department 12.b Packet Pg. 290 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CR-2(a) Paleontological Mitigation and Monitoring Program. Prior to construction activity a qualified paleontologist should prepare a Paleontological Mitigation and Monitoring Program to be implemented during project ground disturbance activity. This program should be based on the final project plans to identify specific areas where ground disturbing activity has the potential to impact scientifically significant paleontological resources and include the following details: 1) Outline the procedures for construction staff Worker Environmental Awareness Program (WEAP) training; 2) Specify the extent, location and duration of paleontological monitoring based on proposed construction activity; 3) Specify the procedures for salvage and preparation of fossils; 4) Require a final mitigation and monitoring report; and 5) Specify the qualifications of a qualified paleontologist and paleontological monitors. Verify that a Paleontological Mitigation and Monitoring Program has been prepared by a qualified paleontologist which include the required components. Prior to start of construction. Once. City of San Luis Obispo Utilities Department CR-2(b) Paleontological WEAP. Prior to the start of construction, construction personnel should be informed on the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff. Verify that all personnel associated with ground disturbing activities attend a WEAP training. Personnel associated with ground disturbing activities who have not completed the WEAP training shall be accompanied onsite by personnel who has completed the training. Prior to start of construction. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 291 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CR-2(c) Paleontological Monitoring. Any excavations exceeding five feet in depth, including those in the young alluvium, should be monitored according to the specifications outlined in the PMMP. At a minimum, paleontological monitoring should be sufficient to evaluate the potential of newly exposed geologic units to contain fossils. If the qualified paleontologist determines that geologic units are unlikely to yield significant paleontological resources, monitoring may be discontinued. If ground disturbance activity is initiated in a new area or to a deeper depth than previous excavations, paleontological monitoring should be re-initiated. Monitoring should be conducted by a qualified paleontological monitor as specified in the PMMP. Ground disturbing activity that does not exceed five feet in depth in young alluvium would not require paleontological monitoring. Verify that mitigation measure CR-2(c) is included as a note on contractor’s specifications. Verify monitoring occurs in identified locations. Prior to issuance of start of construction. During construction period. Once Periodically, as needed. City of San Luis Obispo Utilities Department CR-2(d) Salvage of Fossils. If fossils are discovered, the qualified paleontologist (or paleontological monitor) should recover them. Typically fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. Verify measure implementation if fossils are identified during construction. As needed, if fossils are identified. Periodically. City of San Luis Obispo Utilities Department CR-2(e) Preparation and Curation of Recovered Fossils. Once salvaged, fossils should be identified to the lowest possible taxonomic level, prepared to a curation-ready condition and curated in a scientific institution with a permanent paleontological collection (such as the University of California Museum of Paleontology or the Los Angeles County Museum of Natural History), along with all pertinent field notes, photos, data, and maps. Verify measure implementation if fossils are identified during construction. By end of construction. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 292 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A CR-2(f) Final Paleontological Mitigation and Monitoring Report. Upon completion of ground disturbing activity (and curation of fossils if necessary) the qualified paleontologist should prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. Verify that a Final Paleontological Mitigation and Monitoring Report has been prepared by a qualified paleontologist which include the required components. By end of construction. Once. City of San Luis Obispo Utilities Department HYDROLOGY AND WATER QUALITY HYD-1 Prepare an Emergency Wastewater Treatment Plan. Before construction is initiated, the City of San Luis Obispo shall work with its design engineers and construction contractor to develop an Emergency Wastewater Treatment Plan which identifies procedures for handling and treating wastewater flows during construction of the Project. This Plan shall include procedures and contingency measures for proper handling and treatment of wastewater flows in the event that the treatment train goes offline unexpectedly as a result of construction activities, such as temporary storage wastewater flows. The Plan shall consider storage options, varying levels of treatment and/or blending, temporary treatment options, and conveyance to alternative treatment facilities. An existing emergency treatment plan could be used in place of this Emergency Wastewater Treatment Plan so long as its provisions could be successfully implemented during project construction. Verify that an Emergency Wastewater Treatment Plan has been prepared. Prior to start of construction. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 293 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A HYD-4 Design Stormwater Outfall with Energy Dissipaters. The City of San Luis Obispo shall ensure that the San Luis Obispo Creek stormwater outfall, if selected to manage storm flows on the WRRF site is designed with energy dissipation features as needed to prevent flooding and erosion at or downstream of the point of discharge. The design and location of the stormwater outfall shall be approved by USACE to ensure that it does not impede high flow capacity. Verify that USACE approval of stormwater outfall design and location. Prior to start of construction. Once. City of San Luis Obispo Utilities Department HAZARDS AND HAZARDOUS MATERIALS HAZ-1(a) Hazardous Materials Management and Spill Control Plan. Before construction begins, all construction contractors shall be required to develop and implement a HMMSCP that includes project- specific contingency plan for hazardous materials and waste operations. The HMMSCP shall establish policies and procedures consistent with applicable codes and regulations, including but not limited to the California Building and Fire Codes, and federal and California Occupational Safety and Health Administration (OSHA). The HMMSCP shall articulate hazardous materials handling practices to prevent their release into San Luis Obispo Creek during construction of the storm water outfall. Verify that a HMMSCP has been prepared. Prior to start of construction. Once. City of San Luis Obispo Utilities Department HAZ-1(b) Preparation of Hazardous Materials Business Plan. Prior to operation of the new facilities, a HMBP shall be prepared and implemented for the proposed project. The HMBP shall include a hazardous materials inventory, site plan, an emergency response plan, and requirements for employee training. An existing HMBP can be updated and resubmitted for the expanded facilities. Verify that a HMBP has been prepared. Prior to operation of new facilities. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 294 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A HAZ-3(a) Phase I Environmental Site Assessment. Before construction begins, the City of San Luis Obispo shall perform a Phase I Environmental Site Assessment (ESA) to clarify the potential for soil contamination due to the adjacent open cleanup site. The recommendations set forth in the Phase I ESA shall be implemented before construction begins. Follow- up sampling may be conducted, if needed, to characterize soil and groundwater quality. Prior to construction, contractors shall be informed of the location of potential areas of hazardous materials that may be encountered during construction, and shall ensure that safety precautions are in place to avoid or minimize exposure to potentially contaminated soils, and to reduce the potential for accidental damage to underground storage tanks that could cause accidental release of hazardous materials into the environment. Verify that a Phase I ESA has been prepared for the southern end of the site if construction is planned in that area; verify recommendations have been implemented. Prior to start of construction. Once. City of San Luis Obispo Utilities Department HAZ-3(b) Contaminated Soil Contingency Plan. The City of San Luis Obispo shall require its construction contractors to develop and implement a Contaminated Soil Contingency Plan to handle treatment and/or disposal of contaminated soils. If contaminated soil is encountered during project construction, work shall halt and an assessment made to determine the extent of contamination. Treatment and/or disposal of contaminated soils shall be conducted in accordance with the Contingency Plan. Verify that a Contaminated Soil Contingency Plan has been prepared. Prior to start of construction. Once. City of San Luis Obispo Utilities Department 12.b Packet Pg. 295 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Exhibit A HAZ-5 Traffic Management Plan. Prior to the start of construction, the City shall develop a Traffic Management Plan, in coordination with City Transit, Public Works, and other appropriate departments or users of the site, that would include industry, Caltrans, and City standards for managing construction traffic to and from the site. Measures to manage construction traffic could include warning signs, flag men, and scheduling deliveries outside the AM and PM peak hours. The Traffic Management Plan shall include measures that address how to accommodate emergency evacuation and response, if needed. Verify that a Traffic Management Plan has been prepared. Prior to start of construction. Once. City of San Luis Obispo Utilities Department HAZ-6 Prevention of Fire Hazards. During construction of the proposed project, staging areas, welding areas, or areas slated for construction shall be cleared of dried vegetation or other material that could ignite. Construction equipment that includes a spark arrestor shall be equipped in good working order. In addition, construction crews shall have a spotter during welding activities to look out for potentially dangerous situations, such as accidental sparks. Other construction equipment, including those with hot vehicle catalytic converters, shall be kept in good working order and used only within cleared construction zones. The creation and maintenance of approved fire access to work areas shall be required in accordance with local Fire regulations. During construction of the proposed project, contractors shall require vehicles and crews working at the project site to have access to functional fire extinguishers. Verify that standard fire prevention measures are included as a note on all contractor’s specifications. Field verify compliance. Prior to issuance of contractor’s specifications . Continuously during grading and construction. Once. Periodically during grading and construction . City of San Luis Obispo Utilities Department 12.b Packet Pg. 296 At t a c h m e n t : b - E x h i b i t A - C E Q A F i n d i n g s a n d M M R P ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) R ______ RESOLUTION NO. (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUPPORTING THE PURSUIT OF LOW INTEREST CLEAN WATER STATE REVOLVING FUND GRANTS AND LOANS AND AUTHORIZING STAFF TO SUBMIT THE ENVIRONMENTAL COMPONENT OF THE CLEAN WATER STATE REVOLVING FUND FINANCING PACKAGE WHEREAS, the City of San Luis Obispo Water Resource Recovery Facility (WRRF) must be upgraded to meet state and federal discharge requirements and capacity to meet the City’s General Plan; and WHEREAS, the WRRF also requires the replacement or upgrade of old and aged equipment and improvements to increase in the production of recycled water to position the City for possible future potable reuse; and WHEREAS, the WRRF will strive to be a community asset incorporating interpretive features and public amenities; and WHEREAS, the City of San Luis Obispo prepared a WRRF Facilities Plan which was adopted by the City Council on July 7, 2015 and an WRRF Project EIR which was certified on August 16, 2016; and WHEREAS, the City of San Luis Obispo desires to pursue low interest Clean Water State Revolving Fund (CWSRF) grants and loans to fund the WRRF project; and WHEREAS, the WRRF Project EIR is the critical piece of the environmental package of the CWSRF funding application; and WHEREAS, the CWSRF funding application environmental package requires a long lead time for review and its timely submittal is critical for the financing to meet the WRRF project schedule. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Finding. The City Council, after certification of the WRRF Project EIR, public testimony and correspondence, and reports thereon, supports the pursuit of low interest CWSRF grants and loans. SECTION 2. Action. The City Council hereby authorities City staff to submit the environmental package for the WRRF Project to the CWSRF. 12.c Packet Pg. 297 At t a c h m e n t : c - R e s o l u t i o n C W S R F a n d W R F P F u n d i n g E n v i r o n m e n t a l P a c k a g e ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Resolution No. _____ (2016 Series) Page 2 R ______ Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________, 2016. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Lee Price, MMC Interim City Clerk 12.c Packet Pg. 298 At t a c h m e n t : c - R e s o l u t i o n C W S R F a n d W R F P F u n d i n g E n v i r o n m e n t a l P a c k a g e ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) R ______ RESOLUTION NO. (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, PLEDGING THE CITY COUNCIL’S SUPPORT FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT AND DESIRE TO PARTNER WITH LOCAL, STATE AND FEDERAL AGENCIES TO IMPLEMENT THE PROJECT WHEREAS, the City is planning an upgrade to its Water Resource Recovery Facility to meet the requirements of its recently adopted National Pollutant Discharge Elimination permit; and WHEREAS, the City desires to create a community asset that is recognized as supporting health, well-being and quality of life; and WHEREAS, the City seeks to deliver a Water Resource Recovery Facility in partnership with stakeholders that provides economic, social and environmental value to our community; and WHEREAS, the City desires to implement improvements today to position the City for future potable reuse; and WHEREAS, the City plans for development of a public interpretive center and demonstration wetlands to engage and educate the community in resource recovery and that promotes the one water concept; and WHEREAS, the City plans for development of a Water Resource Center that brings together Utilities staff and supports the development and empowerment of City employees; and WHEREAS, the City desires to implement innovative technologies, that provide multiple benefits, including reduced energy usage and high quality water; and WHEREAS, the City desires to create and sustain diverse partnerships that add value to the community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council pledges support for the Water Resource Recovery Facility Project. SECTION 2. The City of San Luis Obispo desires to create and sustain partnerships with local, state and federal elected officials and agencies to implement the Water Resource Recovery Facility Project. 12.d Packet Pg. 299 At t a c h m e n t : d - R e s o l u t i o n W R R F C o u n c i l P a r t n e r i n g ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) Resolution No. _____ (2016 Series) Page 2 Upon motion of Council Member _____________, seconded by Council Member ________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted on this ___ day of ______, 20__. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Lee Price, MMC Interim City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, CALIFORNIA, this ____ day of _____________, _____. ____________________________________ Lee Price, MMC Interim City Clerk 12.d Packet Pg. 300 At t a c h m e n t : d - R e s o l u t i o n W R R F C o u n c i l P a r t n e r i n g ( 1 4 3 0 : W R R F E n v i r o n m e n t a l I m p a c t R e p o r t ) THNewspaper of the Central Coast HMO VE -5 0---CLERK 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406-0112 • (805) 781-7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD # 2592674 CITY OF SAN LUIS OBISPO\ OFFICE OF THE CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates to wit; AUGUST 5, 2016, that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correct. --- (Sigiiai4e of Principal Clerk) DATED: AUGUST 5, 2016 AD COST: $167.04 SJMLM OMFO SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a public. hearing on Tuesday, August 16, 2016, at 6:00 p.m. in the City Hall Council Cham- ber, 990 Palm Street, San Luis Obispo, Californfa, relative to the following: 1. MATER RE r, RECOVERY I=ACLrrr" - ENVIRONMkM[AL _AMPAC REPORT CERTIF1CAT11O[4 AN ZFUHQ ING PPLJCJ#FI - __Mk T__(3_b P'RADO ROAO1 A public hearing to consider the following: 1. Adopt a resolution certifying the Wa- ter Resource Recovery Facility Project Environmental Impact Report; and 2. Adopt a resolution supporting the pursuit of Clean Water State Revolving Fund grant and loan funding, and au- thorizing staff to submit the environmen- tal component of the State Revolving Fund financing package; and 3. Adopt a resolution in support of en- hancing and expanding partnerships for the Water Resource Recovery Facility Project. The City Council may also discuss other hearings or business items before or after the items listed above. If you challenge the proposed project in court, you may be limit- ed to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corre- spondonce delivered to the City Council at, or prior to, the public hearing. Reports for this meeting will be available for review in the City Clark's Office and on- line at www.slocltv.org on Wednesday, Au- gust 10, 2016. Please call the City Clerk's Office at (805) 781-7100 for more informa- Ilon. The City Council meeting will be tele- vised live on Charter Cable Channel 20 and live streaming on www.slocity.org. Lae Price, MMC Interim City Clerk City of San Luis Obispo August 5. 2016 2592674 Water Resource Recovery Project Environmental Impact Report Certification and Funding Application Request August 16, 2016 Review the purpose and components of the WRRF Project Final Environmental Impact Report Certify the Final EIR Outline the current funding pursuits and next steps in the funding applications Adopt a resolution in support of the CWSRF funding program Provide an update on the WRRF Project since the adoption of the Facilities Plan Adopt a resolution in support of expanding partnerships for the WRRF Project Goals for Today 2 The WRRF Project WRRF Site 4 Vision: Create a community asset that is recognized as supporting heath, well-being and quality of life Mission: Deliver a Water Resource Recovery Facility in partnership with stakeholders that provides economic, social and environmental value to our community Objectives & Performance Measures: Economic Environmental Social 5 WRRF Project Program Charter A water production facility Meet new discharge requirements Treat future flows and loads Replace aging equipment Maximize the production of recycled water 6 WRRF Project 3 A healthy and smart workplace New Water Resource Center Increasing safety, performance, and reliability 7 WRRF Project 3 A public learning center New Learning Center Incorporating interpretive features and public amenities Demonstration gardens Facility tours 8 WRRF Project 3 Achieve sustainable and cost- effective compliance Support healthy communities and watersheds Support groundwater sustainability Deliver ‘One Water’ solutions Provide a community asset in partnership with stakeholders Key Themes of SLO’s WRRF Project Provide economic, environmental and social value to our community. 9 Project Progress Where We’ve Been 11 The EIR Disclose Significant Environmental Effects of Proposed Actions Identify Ways to Avoid or Reduce Environmental Damage Consider Feasible Alternatives to Proposed Actions Enhance Public Participation in the Planning Process California Environmental Quality Act (CEQA) Purposes Required for SWRCB SRF Loan Program application Federal cross-cutting documentation in place of National Environmental Policy Act (NEPA) documentation Federal Endangered Species Act National Historic Preservation Act General Conformity Rule for the Federal Clean Air Act Evaluates compliance with federal regulatory framework Migratory Bird Treaty Act Policies for protection of wetlands Policies for flood plain management CEQA-Plus EIR Review Process City circulates Notice of Preparation (October 13 –November 13, 2015) City prepares Draft EIR (November –April 2016) Public Review Period (45+ days, April 18 –June 6, 2016) City files Notice of Completion City prepares Final EIR, including responses to comments (June –August 2016) City decides on EIR certification and takes action on proposed Project (August 16, 2016) Public and responsible agencies comment on Draft EIR Responsible Agencies comment on EIR scope Project Impacts Significant and Unavoidable Impacts None Project Impacts Significant but Mitigable Impacts Air Quality Cultural Resources Biological Resources Hazards & Hazardous Materials Hydrology and Water Quality Project Impacts Beneficial Impacts Air Quality Hydrology and Water Quality Recreation Utilities Draft EIR Comment Period Ended June 6, 2016 6 Comment Letters Received 2 Tribes 1 Federal Agency 2 State Agencies 1 Local Agency No members of the public Letter received from State Clearinghouse acknowledging compliance with noticing requirements Comments received at Planning Commission hearing addressed in Final EIR Comments Received on Draft EIR Decision on certification of the proposed Final EIR Take formal action on proposed Project If Action is taken, file Notice of Determination with County and State Clearinghouse Next Steps in EIR Process What’s Next Clean Water State Revolving Fund and Water Recycling Funding Program Joint loan and grant application through the State Water Resources Control Board 4 packages: General, Environmental, Technical, Financial Certification of the Final EIR is required for submission of the Environmental package CWSRF/WRFP Financing Opportunity 22 Partnership Opportunities 23 Local, state, and federal partnerships will add value to the Project and to the community Partnerships align well with the mission of the Project and the Program Charter Supporting partnerships will demonstrate the City’s support of the Project and will aid in forging such partnerships August 2016 Certify the Final EIR Complete Environmental Package for Clean Water SRF/Water Recycling Funding Program Preliminary Design Report released Value Engineering Constructability Review 2017 60% Design Complete –Early 2017 Final Design Complete –Late 2017 Upcoming Milestones 24 Adopt a resolution certifying the WRRF Project EIR Adopt a resolution: Supporting the pursuit of CWSRF grant and loan funding Authorizing staff to submit the environmental component of the SRF financing package Adopt a resolution in support of enhancing and expanding partnerships for the WRRF Project Tonight’s Action Items Thank you! Secondary treatment process Traditional (MLE) Membrane Bioreactor (MBR) Changes from the Facilities Plan 27 28 The Path to MBR Alternative cooling process Cooling towers and chillers cooling wetlands, cooling towers, and chillers (?) Changes from the Facilities Plan 29 The Road to Cooling Wetlands 30 Examines the environmental impacts of a specific project Focuses primarily on changes in the environment that would result from the project Examine all phases of the project Project-Level EIR City of San Luis Obispo –Lead Agency for the Project Meet NEPA requirements for: USEPA USFWS NOAA NMFS Meet CEQA requirements for: CDFW SHPO SWRCB Central Coast RWQCB Uses of the EIR Publication of Notice of Preparation October 13, 2015 –November 13, 2015 Public Scoping Meeting: October 27, 2015 4 Written Comments Received Public Comment Period on Draft EIR: 45+ days, April 18 –June 6, 2015 PC Hearing on Draft EIR: April 27, 2016 6 public and agency comment letters received Final EIR Certification Hearing August 16, 2016 (tonight) EIR Chronology Nine issue areas examined in EIR Air Quality Biological Resources Cultural Resources Greenhouse Gas Emissions Noise Recreation Hydrology and Water Quality Hazards and Hazardous Materials Public Services and Utilities Issues Analyzed in the EIR Alternatives should “feasibly attain most of the basic objectives of the project” (CEQA). Alternative 1: No Project Avoids Class II impacts associated with the Project (primarily associated with construction activities) Would not achieve the objectives of the Project Alternative 2: Alternate Process Options Alternate technologies that would meet new NPDES permit requirements Similar level of impact as the Project Alternatives Considered