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HomeMy WebLinkAboutOCSD 05-05'" RESOLUTION NO. OCSD 05-05 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR IMPLEMENTATION OF THE NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT, CONTRACT NO. 5-58; MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS IDENTIFIED FOR ALTERNATIVE 2C IN THE FINAL ENVIRONMENTAL IMPACT REPORT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. WHEREAS, the Board of Directors of the Orange County Sanitation District ("OCSD" or "District"), herein referred to as "Board," is presently considering as the Lead Agency the certification of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act for the Newport Trunk Sewer and Force Mains Replacement Project ("Project"); and, WHEREAS, the District proposes to construct two force mains and a gravity sewer across the Santa Ana River (SAR) Marsh within an existing utility service road. The pipelines will traverse across the Marsh and SAR and into the District's Treatment Plant No. 2. As part of the project, a pipeline would also be installed to connected the West Newport Oil/Armstrong Petroleum property to the Bitter Point Pump Station; and, WHEREAS, the District Staff has identified Alternative 2C evaluated in the EIR as the recommended Project; and, WHEREAS, District Staff has consulted with other public agencies and the general public, giving them an opportunity to comment on the Draft EIR as required by CEQA; and, WHEREAS, the Board has objectively evaluated the comments from public agencies and persons who reviewed the Draft EIR; and, WHEREAS, the comments and recommendations received on the Draft EIR, either in full or in summary, together with the District Staffs responses to significant environmental concerns raised in the review and consultation process, have been included in the Final EIR; and, WHEREAS, District Staff presented to the Board the Final EIR, consisting of the Draft EIR, list of comments on the Draft EIR, and responses to the comments received on the Draft EIR for review and consideration prior to the final approval of, and commitment to, the project.. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: l. That the Board hereby certifies that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines and that the Board has reviewed and considered the information contained in the Draft EIR as revised by the Final EIR prior to approval of, or commitment to, the project and that the Final EIR, consisting of the Draft EIR and the Response to Comments, reflects the District's independent judgment and analysis; and, 2. The Board finds that changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects of the project and adopts the Findings of Fact as described in Attachment A; and, 3. The District will implement the mitigation measures recommended in the EIR and the mitigation measures recommended in the Final EIR to reduce the significant impacts of the project to a less-than-significant level. 4. The Board adopts the Mitigation Monitoring and Reporting Program ("MMRP") as described in Attachment B to ensure that the mitigation measures are implemented; and, 5. The Board authorizes and directs the Board Secretary to file the Notice of Determination and any other documents in accordance with the requirements of CEQA and the District's CEQA procedures. PASSED AND ADOPTED at a meeting held on March 23, 2005 Chair r . >--- '· ATTEST: V' • __ I RESOLUTION NO. OCSD 05-05 CERTIFYING THE FINAL ENVIRONMENT AL IMP ACT REPORT FOR IMPLEMENTATION OF THE NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT, CONTRACT NO. 5-58; MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS IDENTIFIED FOR ALTERNATIVE 2C IN THE FINAL ENVIRONMENTAL IMPACT REPORT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. WHEREAS, the Board of Directors of the Orange County Sanitation District ("OCSD" or "District"), herein referred to as "Board," is presently considering as the Lead Agency the certification of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act for the Newport Trunk Sewer and Force Mains Replacement Project ("Project"); and, WHEREAS, the District proposes to construct two force mains and a gravity sewer across the Santa Ana River (SAR) Marsh within an existing utility service road. The pipelines will traverse across the Marsh and SAR and into the District's Treatment Plant No. 2. As part of the project, a pipeline would also be installed to connected the West Newport Oil/Armstrong Petroleum property to the Bitter Point Pump Station; and, WHEREAS, the District Staff has identified Alternative 2C evaluated in the EIR as the recommended Project; and, WHEREAS, District Staff has consulted with other public agencies and the general public, giving them an opportunity to comment on the Draft EIR as required by CEQA; and, WHEREAS, the Board has objectively evaluated the comments from public agencies and persons who reviewed the Draft EIR; and, WHEREAS, the comments and recommendations received on the Draft EIR, either in full or in summary, together with the District Staffs responses to significant environmental concerns raised in the review and consultation process, have been included in the Final EIR; and, WHEREAS, District Staff presented to the Board the Final EIR, consisting of the Draft EIR, list of comments on the Draft EIR, and responses to the comments received on the Draft EIR for review and consideration prior to the final approval of, and commitment to, the project.. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1. That the Board hereby certifies that the Final EIR has been completed in compliance with CEQA and the State CEQA Guidelines and that the Board has reviewed and considered the information contained in the Draft EIR as revised by the Final EIR prior to approval of, or commitment to, the project and that the Final EIR, consisting of the Draft EIR and the Response to Comments, reflects the District's independent judgment and analysis; and, 2. The Board finds that changes or alterations have been required in, or incorporated into, the proposed Project, which avoid or substantially lessen the significant environmental effects of the project and adopts the Findings of Fact as described in Attachment A; and, 3. The District will implement the mitigation measures recommended in the EIR and the mitigation measures recommended in the Final EIR to reduce the significant impacts of the project to a less-than-significant level. 4. The Board adopts the Mitigation Monitoring and Reporting Program ("MMRP") as described in Attachment B to ensure that the mitigation measures are implemented; and, 5. The Board authorizes and directs the Board Secretary to file the Notice of Determination and any other documents in accordance with the requirements of CEQA and the District's CEQA procedures. PASSED AND ADOPTED at a meeting held on March 23, 2005 Chair ATTEST: Board Secretary I. FINAL EIR FOR THE PROJECT The Final EIR, prepared pursuant to Section 15089 of the CEQA Guidelines, consists of the Draft EIR, comment letters received on the Draft EIR, and responses to those comments. II. THE ADMINISTRATIVE RECORD CONTENTS OF THE RECORD The following information is incorporated by reference and made part of the record supporting these findings and the actions taken by the District in certifying the Final EIR and approving the project: 1. The Final EIR and all documents relied upon or incorporated by reference in the Final EIR. 2. The Final PEIR for the 1999 Strategic Plan and all documents relied upon or incorporated by reference in the Final PEIR, including the 1999 PEIR MMRP. 3. All testimony, documentary evidence and all correspondence submitted to or delivered to the District in connection with the meetings and public hearings at which the Draft EIR or Final EIR was considered by the District. 4. All testimony, documentary evidence and all correspondence submitted to or delivered to any of the District's member districts in connection with the meetings, workshops and public hearings at which the Draft EIR or Final EIR was considered by the District's member districts. 5. All staff reports, memoranda, maps, slides, letters, minutes of meetings and other documents relied upon or prepared by District staff and consultants relating to the project. 6. Any other documents specified by Public Resources Code section 21167 .6( e ). LOCATION OF ADMINISTRATIVE RECORD The District is the custodian of the administrative record, including all CEQA documents and the other background documents and materials, which constitute the record of the proceedings upon which the Board's decisions to certify the Final EIR and approve the project are based. The administrative record is located at the District's administrative offices at 10844 Ellis Avenue, Fountain Valley, California, 92708. III. PURPOSE OF FINDINGS The Final EIR, prepared in accordance with CEQA, evaluates the significant adverse environmental impacts that could result from the project. Section 15091 of the CEQA Guidelines requires that the public agency approving or carrying out the project shall make written findings for each significant impact identified in the EIR, accompanied by a brief explanation of the rationale for each finding. These findings include one of the following: B-1 1. Changes or alterations have been required to, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as defined in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These findings accomplish the following: 1. They address the significant environmental effects identified in the EIR for the approved project. 2. They incorporate all mitigation measures associated with these significant impacts identified in either the Draft EIR or Final EIR. 3. They explain why a significant effect is avoided or reduced by the adopted mitigation measures to a less-than-significant level. The conclusions presented in these findings are based on the initial study, the Final EIR and other evidence in the record of proceedings. IV. EFFECT OF FINDINGS To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the District hereby binds itself to implement these measures. These findings, in other words, are not merely information. The mitigation measures identified as feasible and within the District's authority to implement for the approved project are express conditions of approval which the District binds itself to upon adoption of this resolution and project approval. The Board will adopt an MMRP concurrently with these findings to ensure that the all mitigation measures will be implemented. The MMRP includes applicable mitigation measures from the MMRP developed for the 1999 Strategic Plan Program EIR in addition to the newly identified measures developed as part if the EIR process for the proposed Project. V. PROJECT BACKGROUND Wastewater from the City of Newport Beach and surrounding areas is conveyed to the District's Treatment Plant No. 2, located in the City of Huntington Beach through a network of gravity sewers, pump stations, and force mains. The Bitter Point Pump Station, located approximately 630 feet southeast of the intersection of 61 st Street and PCH, is the last of four principal pump stations in Newport Beach that operate in parallel to one another, pumping wastewater through a common network of force mains. B-2 Three force mains currently extend from the Bitter Point Pump Station at the entrance of the West Newport Oilfield on PCH, to the SAR approximately 1,400 feet north of PCH. At the SAR, the force mains discharge into a junction structure that feeds the Newport Trunk Sewer (a gravity sewer), crosses beneath the SAR in dual-barreled gravity sewers, and enters Treatment Plant No. 2. The three force mains (one 24-inch diameter, one 30-inch diameter, and one 36-inch diameter) connect the Bitter Point Pump Station with SAR crossing gravity siphons. The combined capacity of the three force mains joining the Bitter Point Pump Station with Treatment Plant No. 2 is approximately 20 mgd during peak flows. The 1999 Strategic Plan identifies the need to provide 40 mgd peak capacity with emergency standby in this segment to accommodate flows projected to the year 2020. The District proposed two basic alternative routes in the EIR for replacing the final segment of the Newport Trunk Sewer and Force Main. Alternative 1 that would generally follow Pacific Coast Highway (PCH) from the Bitter Point Pump Station to Brookhurst Street in the City of Huntington Beach, while Alternative 2 would follow a utility service road bordering the West Newport Oilfield and the SAR salt marsh. Seven alignment options were developed for the alternatives; four for Alternative I (IA, IB, 1 C, and ID) and three for Alternative 2 (2A, 2B, and 2C). The EIR evaluated each alignment at an equal level of detail. District Staff has identified Alternative 2C as the recommended Project. The Board will approve Alternative 2C with passage of this resolution. PROJECT DESCRIPTION The Project consists of the replacement of the Newport Trunk Sewer and Force Mains from Treatment Plant No. 2 to the Bitter Point Pump Station, which is located off PCH at the western end of the City of Newport Beach. As part of Alternative 2C, two 36-inch force mains would be constructed to follow the existing alignment along the utility service road (District's easement), from the Bitter Point Pump Station for approximately 5,000 feet, to near the existing junction structure on the east bank of the SAR. The new force mains would then be installed under the SAR in a northwest direction to a junction structure within Treatment Plant No. 2 on the west side of the SAR, located approximately 2, 700 feet north of PCH. A new gravity sewer would also be constructed within the treatment plant to connect the force mains with the District's Coast Trunk sewer, approximately 700 feet from the west bank of the SAR. In addition, the existing 8 and 10-inch waste oil gravity lines from the West Newport Oilfield would be disconnected and a new 12-inch gravity line would be constructed to connect the lines to the Bitter Point Pump Station. This new line is necessary to accommodate the existing waste stream from the oil field only. NEED FOR PLAN The Project is needed to increase the capacity of the Newport Trunk Sewer and Force Mains pipelines between the Bitter Point Pump Station and Treatment Plant No. 2 from the existing 20 mgd peak capacity to 40 mgd peak capacity. The existing pipelines are not rated to accommodate the pressure required to convey 40 mgd. The existing system has flow limitations at the junction B-3 structure where the force mains discharge to the gravity siphons beneath the SAR. The future 40 mgd peak flows would exceed the capacity of the existing gravity siphons, creating a high potential for odors and spills. The force mains segment of the new pipelines would extend from the Bitter Point pump station to the opposite side of the SAR, reducing or eliminating the need for routine maintenance of the gravity siphons beneath the SAR. In addition, the existing pipelines are old and increasingly subject to failure. Sewage spills along the force mains segment have occurred in recent years due to internal corrosion caused by sulfuric acid formed on the internal pipe walls that occurs during periods when the pipes flow less than full. The existing cycle between less than full and full flow maximizes the potential of corrosion. The proposed Project would configure the force mains to operate full at all times and eliminate free-space in the pipeline responsible for pipe corrosion. The District's policy is to have full redundancy in force mains to allow for sufficient standby capacity during peak flows and during periods when one pipeline is shut down due to failure or planned maintenance. The existing force mains would not provide this redundancy for future flows. Finally, the existing siphons beneath the SAR are not equipped with air relief vents (air jumpers) that lead to the treatment plant. As a result, the siphons can be a source of nuisance odors. The Project would eliminate this odor source. Furthermore, the existing siphons are buried at a relatively shallow depth, which creates a potential for the siphons to be damaged during routine dredging operations by the USACE. The new force mains would be buried at a sufficient depth to alleviate this concern. The Project objectives are summarized below: • Provide reliable conveyance of projected 2020 wastewater flows in the Newport Trunk Sewer system between the Bitter Point pump station and Treatment Plant No. 2 • Minimize risk of spills due to system failure in this segment • Minimize potential odor emissions in this segment • Provide full system redundancy in this segment • Minimize traffic impacts to public streets • Reduce need for property acquisition (purchase) of private property. The Final EIR was prepared to comply with CEQA. In accordance with CEQA Guidelines Section 15063, a Notice of Preparation (NOP) was published by the OCSD on May 23, 2003. The NOP was circulated to local, state, and federal agencies and other interested parties for at least 30 days. B-4 In accordance with Section 15105 of the CEQA Guidelines, the Draft EIR was circulated to local, state, and federal agencies and interested parties who wished to review and submit comments on its contents. The public review period lasted 45 days, from November 19, 2004 through January 3, 2005. A public hearing was held on December 9, 2004 at the OCSD Administrative Office Building in Fountain Valley. A total of 17 comments were received on the Draft EIR. This Final EIR consists of two volumes: the Draft EIR (in full as circulated on November 19, 2004) and Response to Comments Received on the Draft EIR (published on March 2, 2005). VI. FINDINGS CONCERNING SIGNIFICANT IMPACTS REDUCED TO LESS THAN SIGNIFICANT LEVELS BY MITIGATION MEASURES INCORPORATED INTO THE PROJECT The Final EIR identifies significant impacts that are reduced to a "less-than-significant" level provided that the mitigation measures identified in the Final EIR are incorporated into the project. These measures either avoid, minimize, rectify, or reduce the significant environmental effects identified in the Final EIR to a less than significant level. These changes and alterations are presented in the MMRP, which the Board is adopting concurrently with these findings. AIR QUALITY A. Facts I. The EIR analyzes potential air quality impacts in Section 3 .1. According to the EIR construction of each of the proposed Project alignment alternatives would emit criteria pollutants. Construction-related emissions would primarily be: I) dust generated from excavation and directional drilling; 2) exhaust emissions from powered construction equipment; and 3) motor vehicle emissions associated with construction activities. However, estimated daily average construction emissions would be less than significance thresholds set by the SCAQMD. 2. Nonetheless, the emissions estimates in the EIR assume certain mitigation would be employed by the contractor. Mitigation measures 7.5-la through 7.5-lc (from the 1999 PEIR would be applicable to the project. These measures reduce the volume of pollutant emissions from the construction site and include implementation of a dust abatement program to reduce fugitive dust emissions and further lessen impacts on nearby sensitive receptors, equipment maintenance and operational restrictions (e.g. no operation during second stage smog alerts, engine shut off during loading and unloading activities, etc.). 3. According to the EIR, objectionable odors could be released during construction of Alternative 2C. The soils in the marsh area are known to have naturally occurring organic content that may emit hydrogen sulfide (H 2S) odors when excavated or stockpiled. Local land uses including residential, recreational, and commercial zones could be affected by nuisance odors during construction. However, the District conducted odor monitoring of excavated geotechnical test pits along the utility road easement in April 2004. Most of the excavated pits B-5 emitted no odors or H 2S gas. Low level odors were detected at close range from some of the soils, but did not create an odor nuisance. 4. During construction, odors may be emitted from the Bitter Point Pump Station and at the junction structure on the plant site during connection of the new force main and during decommissioning of the existing sewer lines. 5. The EIR identifies mitigation measures M-3.1-1 through M-3.1-3 to ensure that odors emitted do not result in a nuisance condition. Excavated soils that emit objectionable odors will be covered with plastic sheeting while stockpiled and removed from the construction areas within three days of excavation. Open trenches that emit odors will be covered with plastic sheeting during non-working hours. Contractors also shall conduct odor monitoring during excavation and drilling activities and during the sewer connection period, the District shall increase odor control chemical applications upstream of the Bitter Point Pump Station. B. Findings This Board finds that: 1. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the air quality impacts during project construction to less than significant levels. BIOLOGY A. Facts 1. The EIR discusses impacts to biological resources in Section 3.2. According to Impact 3.2-1 of the EIR, construction of Alternative 2C could result in the temporary filling of jurisdictional wetland within the Santa Ana River (SAR) Marsh if construction activity occurs outside the boundaries of the existing service road or utility easement. The general alignment for Alternative 2C crosses the restored marsh area established by the United States Army Corp of Engineers (USACE). However, Alternative 2C would follow the existing service road easement from the Bitter Point Pump Station all the way to the SAR. This utility road is currently disturbed and unpaved, raised five to ten feet above the surrounding wetland area and does not support vegetation or jurisdictional wetlands. 2. The EIR identifies mitigation measures 3.2-1 a through 3.2-lc which requires a qualified biologist to clearly mark the allowed construction area, and be present during construction activities as necessary to ensure that trenching and construction do not destroy vegetation or wetlands outside of this construction area. In the event that construction activities remove jurisdictional wetlands, they shall be replaced by permanent wetlands under permit conditions established by the USACE, State of California, Department of Fish and Game (CDFG), and United States Fish and Wildlife Services (USFWS). Filling portions the SAR Marsh would require implementation of mitigation measure M-3-2. ld, which requires a series of permits from resource agencies, including obtaining a Section 404 permit from the USACE. B-6 3. According to the EIR, project construction could affect the habitat, or result in incidental take of, the Belding savannah sparrow (nesting and foraging) and California least tern (foraging). Forging tern using the channel areas of the SAR Marsh, and foraging and nesting Belding's savannah sparrow could be harassed from noise, proximity of human activity, and vibration Such disturbance could lower foraging effectiveness of terns, which forage close to nests before chicks have fledged, and might result in loss of nests or young of the savannah sparrow. 4. The EIR identifies mitigation measures M-3.2-la and M-3.2-lb to reduce the effects of Alternative 2C on Belding savannah sparrow and least tern. These mitigation measures require the retention of a qualified biologist to provide an educational session to the contractor and construction workers on the least tern and Belding savannah sparrow. The measures also limit construction near the least tern nesting area and within the SAR Marsh to non-nesting periods to ensure that harassment to these species would not occur. 5. According to the EIR, construction activities associated with Alternative 2C could adversely affect non-listed nesting birds protected by the federal Migratory Bird Treaty Act (MBT A). As a result of construction activities, impacts to birds protected by the MBT A include the potential for destruction of individual birds, if present, and the loss of active nests. 6. The ETR identifies mitigation measure 3.2-2b which limits construction to non-breeding periods to mitigate this impact. In response to a comment made by the CDFG (comment 4-4), the District has modified the mitigation measure to limit construction activity within the SAR Salt Marsh, adjacent to the least tern nesting area on the State beach, or within the Talbert Marsh to the period September I through February 15. 7. According to the EIR, routine maintenance and access requirements for Alternative 2C would potentially affect sensitive habitat and wildlife within the SAR Marsh. Maintenance activities would be limited to the utility easement. Access would not be allowed outside the utility easement. Operation of Alternative 2C would require routine access to District facilities located within the SAR Marsh. The service road through the SAR Marsh would be accessed for maintenance approximately once per month. Routine maintenance vehicles could disturb wildlife. 8. The EIR identifies mitigation measure 3.2-4 which requires the District to prepare a procedure manual for maintenance activities within the SAR Marsh. At a minimum the manual will contain the following restrictions: • District personnel shall not enter or place materials outside of the utility easement. • No vegetation clearing outside of the easement is allowed. • The speed limit on the SAR Marsh service road is limited to 15 miles per hour. • Public access onto the easement from the SAR levee shall be restricted. B. Findings B-7 This Board finds that: 1. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the biology impacts during project construction to less-than-significant levels. CULTURAL RESOURCES A. Facts 1. The EIR discusses impacts to cultural resources in Section 3.3. According to the EIR ground-disturbing activities associated with construction of the proposed Project could reveal previously unknown significant prehistoric and historic cultural resources. Without conducting an extensive subsurface investigation of the Project area, it is impossible to know for certain whether such resources would exist. However, Alternative 2C, has one of the lowest potential impacts to unknown cultural resources because the new pipeline would be installed in areas that have been previously disturbed from the existing pipeline. 2 Nonetheless, the EIR identifies mitigation measure 7-10.2a (from the 1999 PEIR) which include provisions to construction contracts alerting the contractor to the potential for subsurface cultural resources and trespassing on known or potential resources adjacent to the project. The EIR also identifies mitigation measure 7.10-2b and 7.10-2c (from the PEIR), which requires if cultural resources are encountered at any time during project excavation, construction personnel would avoid altering these materials and their context until a qualified archaeologist has evaluated the situation. In the event of accidental discovery of human remains, the County Coroner would be notified immediately and construction activities shall be halted. 3. According to the EIR, the proposed Project may damage or degrade previously unidentified paleontological remains. Given the relatively young geomorphic characteristics of beach sediments and dune upland areas, the probability of encountering significant vertebrate paleontological resources is considered low since vertebrate resources are rarely encountered in similar geologic settings. However, invertebrate fossils are common in the marine terrace deposits. 4. The ElR identifies mitigation measure M-3.3-1 which requires that in the event of an unanticipated discovery of a fossil during construction, the District shall instruct its contractors to halt construction activity within 50 feet of the find and immediately notify the District about the find. The District shall then retain a qualified paleontologist, who must assess the find and develop a mitigation plan that ensures that the resources are removed from the site or otherwise protected in accordance with the paleontologist's recommendation. B. Findings This Board finds that: B-8 1. The recommended mitigation measures in the EIR are adopted. These measures will mitigate cultural resources impacts during project construction to less than significant levels. GEOLOGY AND SOILS A. Facts 1. The EIR discusses impacts to geology and soils in Section 3.4. According to the EIR, the proposed Project could expose structures to potential adverse effects due to rupture of a known earthquake fault, strong ground shaking, and ground failure, including liquefaction and landslides due to seismic activity. The site is not located within an Alquist-Priolo Earthquake Surface Fault Rupture Zone. However, a seismic event from a nearby fault could damage structures on the proposed Project site. 2. The EIR identifies mitigation measures M-3.4-1 and 7.6-la (from the 1999 PEIR). These measures require the District to follow the recommendation of the Geotechnical Report and to construct new facilities in accordance with District seismic standards and/or meet or exceed seismic, design standards in the most recent edition of the California Building Code. 3. According to the EIR, the Project could be located on soil that is unstable and potentially result in on or off-site landslide, lateral spreading, subsidence, or collapse. In addition, it is possible that expansive soils could be encountered. The preliminary geotechnical investigation performed by Ninyo & Moore in 2003 included document review, a geologic reconnaissance, and an analysis of data and information collected. 4. The EIR identifies mitigation measure M-3.4-2 which requires the District to follow the recommendations of the Geotechnical Report prepared by Ninyo and Moore. B. Findings This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the geologic impacts during project construction and operation to less than significant levels. HAZARDS A. Facts 1. The EIR discusses hazards and hazardous materials impacts in Section 3.5. According to the EIR, soils and groundwater containing hazardous substances could be encountered during construction and could result in worker and public health hazards or could affect the environment. It is possible that previously unknown contamination could be encountered during excavation and B-9 drilling activities. Since the Alternative 2C alignment is adjacent to the West Newport Oil Co.I Armstrong Petroleum oil field, it is possible that contaminated material or soil could be encountered during excavation. 2. The EIR identifies mitigation measure 3.5-1 that requires disposal of contaminated soils encountered on the Project site during excavation activities in accordance with applicable hazardous waste regulations. 3. According to the EIR, improperly abandoned oil wells may exist within the excavation alignments. New excavation for Alternative 2C could encounter abandoned or operating oil wells. 4. The EIR identifies mitigation measures 7.8-3e and 7.8-3f (from the 1999 PEIR) which require the District to identify abandoned oil wells in the Project area prior to construction and to notify the Division of Oil, Gas, and Geothermal Resources should an abandoned well be discovered. 5. According to the EIR, drilling may encounter hazardous underground gasses. The Division of Oil, Gas, and Geothermal Resources has indicated that the Project area is categorized as Underground Classification of Potentially Gassy with Special Conditions. Underground gases such as methane and H 2S may be generated by oil deposits underlying the area. This could create hazardous conditions during drilling. 6. The EIR identifies mitigation measure M-3.5-2 which requires that the District meet with the Division of Oil, Gas, and Geothermal Resources prior to drilling activities, and implement safety procedures approved by the Division. B. Findings This Board finds that: 1. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the hazards and hazardous materials impacts during project construction to less than significant levels. HYDROLOGY A. Facts I. The EIR discusses impacts to hydrology in Section 3.6. According to the EIR, construction activities could result in discharge of pollutants and could generate polluted storm water runoff that could affect surface water quality. Bare soils exposed during construction activities including in staging areas could result in increased erosion and sedimentation to surface waters. In addition, chemical product spills (fuels, oils, grease, etc) from the machinery involved in the construction activities could affect local surface water quality. Directional drilling requires the injection of drilling fluids into the bore. These fluids can be forced into surrounding B-10 formations during drilling and can affect groundwater quality. If the borehole is close to the surface, these fluids could enter surface waterways such as the SAR and adversely affect water quality. 2. The EIR identifies mitigation measure M-3.6-1 which requires adequate drilling depths to avoid seepage of drilling fluids into surface waters and mitigation measures 7.7-la, 7.7-lc and 7.7-ld through 7.7-lf (from the 1999 PEIR) which require best management practices, agency coordination, contract specifications, waterway protection, spill prevention, and spill containment to minimize the potential effects. B. Findings This Board finds that: I. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the hydrology impacts during project construction to less than significant levels. LAND USE A. Facts I. The EIR discusses land use impacts in Section 3.7. Construction of Alternative 2C could affect traffic on the oil field service road, creating delays and detours. While the service road width would be reduced during construction, the road would remain passable at all times. 2. The EIR identifies mitigation measure M-3.7-1 for Alternative 2C which requires that access to the West Newport oil field and the City of Newport Beach oil wells be maintained at all times during construction with at least one lane of traffic suitable for large vehicles. B. Findings This Board finds that: I. The recommended mitigation measure in the EIR is adopted. This measure will mitigate the land use impacts during project construction to less than significant levels. NOISE A. Facts 1. The Final EIR discusses noise impacts in Section 3 .8. According to the EIR, construction of the proposed Project would generate noise that could create nuisance conditions at nearby land uses. The proposed Project may result in an increase in noise levels during construction that could affect sensitive noise receptors. However, the additional noise would comply with local noise regulations and would occur only during the least noise sensitive hours of any given day over an approximate I I-month period. B-11 2. The EIR identifies mitigation measure 7.4-la, (from the 1999 PEIR) which limit the hours of construction. Additionally, in response to comments on the EIR received during the public hearing, the District has added a new mitigation measure to the EIR, M-3.8-1, to further reduce potential construction noise impacts. Mitigation measure M-3.8-1 requires that the District include in the contract specifications specific language stating that work is not to be conducted outside of the allowable daytime construction period of 7:30 AM to 5:30 PM. This includes staging and any truck driving on the dirt access road. This measure will further ensure that temporary noise impacts during construction will be less than significant. 3. The EIR identifies mitigation measure 7.4-lb, 7.4-lc and 7.4-ld. Measure 7.4-lb requires that all equipment used during construction be muffled and maintained in good operating condition. Measure 7.4-lc requires contractors to use vibratory pile drivers for installing shoring at jacking pit locations. Measure 7.4-Id requires that sensitive receptors affected by the Project construction activities be notified concerning Project timing and construction schedule, and a phone number provided to call with questions or complaints. B. Findings This Board finds that: 1. The recommended mitigation measures in the EIR are adopted. These measures will mitigate the noise impacts during project construction to less than significant levels. TRAFFIC AND CIRCULATION A. Facts 1. The ElR discusses impacts to traffic and circulation in Section 3.10. According to the EIR, construction of the Project would add temporary construction traffic to local roadways for each Alternative. Vehicle traffic associated with construction of the Project would include material deliveries, soil removal, and construction worker commute to the site that would be generated over the 11-month construction period. Access to and from the construction site would generally be from J-405 to Brookhurst Street to PCH. Truck traffic associated with material delivery and soil removal is estimated between 22 and 26 trucks per day averaged over the I !- month period. Average daily traffic on PCH exceeds 45,000 vehicles; average daily traffic on Brookhurst Street exceeds 29,000 vehicles. When compared with area traffic volumes, the contribution of 26 trips from construction traffic, only a portion of which would be on the roads during the AM and PM peak hours, would be considered a less significant traffic impact. 2. To further minimize the impacts of dirt haul trucks on local roadways the EIR includes mitigation measure M-3. I 0-1 which requires that dirt haul operations occurring shall not occur during peak AM or PM periods in peak summer months. 3 ln response to comments on the EIR received during the public hearing, the District has modified mitigation measure M-3.10-1 to clarify that "summer months" refer to the period B-12 between Memorial Day and Labor Day of any given calendar year, to be consistent with the City of Newport Beach Department to Public Works definition. B. Findings: This Board finds that: I. The recommended mitigation measure in the EIR is adopted. This measure will mitigate the traffic impacts during project construction to less than significant levels. VII. FINDINGS CONCERNING IDENTIFIED IMPACTS WERE DETERMINED TO BE LESS THAN SIGNIFICANT WITHOUT NEEDING TO IDENTIFY MITIGATION MEASURES The Final EIR identifies impacts that are considered to be "less than significant" not requiring mitigation measures. It is hereby determined that the following environmental impacts of the Project will be less than significant. AIR QUALITY A. Facts 1. The EIR analyzes potential operational air quality impacts in Section 3.1. According to the EIR, operational emissions associated with the recommended Project would be similar to existing conditions. Once constructed, air emissions associated with the new sewer would include exhaust emissions from on-road maintenance vehicles. Maintenance personnel may have to visit the area routinely once or twice per week. This is similar to existing conditions for properly functioning equipment. Odor emissions would be reduced since the old corroded pipes and gravity-fed siphons would be decommissioned B. Findings The Board finds that: I. Project operation will have a less than significant impact on air quality. GEOLOGY AND SOILS A. Facts 1. The EIR analyzes potential geology and soils impacts in Section 3.4. According to the EIR, subsurface drilling could encounter or damage the river channel foundations. In addition, the USA CE will continue dredging this portion of the SAR for the next few years. The pipeline needs to be installed deeper than the proposed dredging depths. As part of the recommended Project, the District shall submit designs to the USACE and Orange County to obtain an encroachment permit. This permit will include conditions to ensure that the existing infrastructure is not damaged by the Project. B-13 B. Findings The Board finds that: 1. Project construction will have a less than significant impact on the river channel foundations. HYDROLOGY AND WATER QUALITY A. Facts 1. The EIR analyzes potential hydrology and water quality impacts in Section 3.6. According to the EIR, construction of the proposed Project could result in discharge of dewatered groundwater. However, for Alternative 2C, the District would discharge extracted water into the sanitary sewer. No extracted groundwater would be discharged into the storm drain system. Therefore, there would be no need to apply for coverage under the RWQCB general construction dewatering discharge permit. 2. According the EIR, the proposed Project could place structures within a 100-year flood plain and expose people or structures to significant risk of loss, injury or death involving flooding, including inundation by seiche, tsunami, mudflow, or failure of a dam or levee. The project area is protected from a 100-year walls and levees, constructed by the USACE in 1995. The Project would not impede flood flows in any flood control channel including the SAR and Talbert Marsh Channel. The Project does not include any above ground structures that would be vulnerable to flooding or that would impede flood flows. B. Findings The Board finds that: I. Project construction will have a less than significant impact on hydrology and water quality. LAND USE A. Facts I. The EIR analyzes potential land use impacts in Section 3.7. According to the EIR, Alternative 2C would remain within the existing utility easement. The easement would allow for periodic access for routine maintenance of District facilities. The Project would be consistent with local General Plans since the pipeline would follow utility easements. B. Findings The Board finds that: B-14 1. Project construction and operation will have a less than significant impact on local land use. NOISE A. Facts 1. The EIR analyzes potential noise impacts in Section 3.8. According to the EIR, the recommended Project could expose persons to, or generate, excessive groundbome vibration. Construction activities such as excavation and grading have the potential to generate groundbome vibration near the construction site. Vibration would be caused by heavy trucks, excavators, dozers, sheet piling, and tunneling. Any vibration caused by the Project would not be steady from stationary sources, but rather intermittent associated with heavy vehicles. The closest residences for Alternative 2C would be 200 feet from the Project across a water-filled channel. The EIR evaluates the potential for damage of structures from vibration cased by different construction activities and concludes that the Project would not generate vibrations that would approach the damage thresholds for residential commercial buildings located 200 feet from the construction area. 2. The EIR acknowledges that temporary construction activities including vibration could disrupt wildlife in the marsh areas. As such, the EIR restricts construction within the marsh area to the non-nesting season (September I through February 15) in order to minimize effects of the temporary construction activities on wildlife. The EIR concludes that construction effects on wildlife within the marsh would be less than significant. B. Findings The Board finds that: Noise and vibration generation during construction will have a less than significant impact on neighboring receptors and wildlife. PUBLIC SERVICES A. Facts I. The EIR analyzes the Project's potential effects to public services and utilities in Section 3.9. The EIR concludes that the recommended Project would potentially encounter oil conveyance pipelines that cross the oil field access road near PCH. The oil conveyance pipelines may have to be temporarily disconnected during construction of the Project. 2. The EIR concludes that the District would coordinate with the oil pipeline owners including Armstrong Petroleum and the City of Newport Beach, and would maintain access to the oil wells at all times. As a result, the effects to these utilities are considered less than significant. B-15 3. The EIR concludes that maintaining at least one lane of traffic on the access road to the oil field would avoid significant impacts to emergency access routes for the recommended Project. B. Findings The Board finds that: 1. Impacts to underground utilities and emergency access would constitute a less than significant impact of the recommended Project. CUMULATIVE EFFECTS A. Facts I. The EIR analyzes the Project's contribution to cumulatively significant effects to air quality, biological resources, cultural resources, noise, land use, traffic, geology, hazards, and hydrology. The project would result in temporary construction for an I I-month period, after which time, the underground sewer would function similar to the existing condition. The EIR concludes that the project would not contribute significantly to the cumulative condition in the region. B. Findings The Board finds that: 1. The recommended Project would have a less-than-significant effect on the cumulative environmental condition of the region. GROWTH INDUCING A. Facts l. The EIR discusses the growth impacts m Section 5.2. Although the project was not specifically identified in the 1999 PEIR, the flow rate assumptions dictating the sewer's capacity requirements are identical to those assumed for the 1999 PEIR. The Project would not increase wastewater collection capacity to accommodate flows beyond growth planned for in the Newport Beach General Plan. The EIR concludes the Project is consistent with the growth assumptions and analysis of growth inducement and secondary effect of growth provided in the 1999 PETR. The EIR incorporates by reference the analysis of growth inducement contained in the 1999 PEIR. 2 In response to comments on the EIR, the District has modified the EIR to clarify the reason for the need to upsize the sewer line servicing the Armstrong Petroleum Company (West Newport Oil) property. The new 12-inch pipeline would replace the existing 12-inch line leading from the 8 and 10-inch lines to the treatment plant. The new 12-inch line would connect the 8 B-16 and I 0-inch lines with the Bitter Point Pump Station. As discussed in Section 5.2 of the EIR, the wastewater flow projections assumed in the sizing requirements for the project have not changed from those identified in the 1999 Strategic Plan. By providing a new oil waste sewer line the District is not intending in any way to provide capacity for speculative future developments on the oil field site. B. Findings The Board finds that: I . The recommended Project would be consistent with the analysis of growth inducement contained in the I 999 EIR. The recommended Project would not provide additional sewer capacity beyond what is necessary to accommodate the growth already planned within the sewer shed. VIII. IMP ACTS FOUND TO BE BENEFICIAL HYDROLOGY A. Facts I. The EIR analyzes hydrology impacts in Section 3.6. According to the EIR, the recommended Project would reduce the risk of sewage spills. Sewage spills along the force mains segment have occurred in recent years due to internal corrosion caused by sulfuric acid formed on the internal pipe walls that occurs during periods when the pipes flow less than full. The existing cycle between less than full and full flow maximizes the potential of corrosion. The proposed Project would configure the force mains to operate full at all times and eliminate free-space in the pipeline responsible for pipe corrosion. The District's policy is to have full redundancy in force mains to allow for sufficient standby capacity during peak flows and during periods when one pipeline is shut down due to failure or planned maintenance. The existing force mains would not provide this redundancy for future flows. The Project will substantially reduce the potential need for emergency repairs in the marsh areas, thereby reducing the risk of future sewer spills. The new pipelines will be constructed with a non-metallic material versus the existing metallic material, which has eroded. The installation of non-metallic pipeline would further reduce the potential for spills. Routine maintenance on the sewer would ensure that underground sewage leaks were prevented. B. Findings The Board finds that: I. Project construction will have a beneficial impact on water quality. B-17 IX. SIGNIFICANT UNA VOIDABLE IMPACTS The Final EJR concludes that no significant impacts would remain after implementation of the identified mitigation measures. Therefore, the Project would not require adoption of a Statement of Overriding Considerations. X. FINDINGS CONCERNING ALTERNATIVES The Final EIR evaluates seven project Alternative Alignments at an equal level of detail. Alternative 2C was identified as the environmentally superior alternative and the recommended Project. None of the proposed Project Alternatives would result in a significant and unavoidable impact. The EIR provides a description of the alternative screening process conducted to identify the recommended project. Each of the project Alternatives evaluated in the EIR were also evaluated with respect to engineering and feasibility factors. An Alternative Screening Analysis summarized in the EIR identifies Alternative 2C as the recommended Project considering the following screening criteria: construction corridor, permitting, utility crossing, constructability, coordination with other projects, project cost, operation and maintenance, pipe length, pipeline profile, and hydraulics. The EIR also includes an assessment of the No Project Alternative, concluding that the risk of spills from aging pipes constituted a significant impact avoided by the proposed Project. NO PROJECT ALTERNATIVE Under this alternative, the District would take no action to replace the aging pipelines from Bitter Point Pump Station to the Treatment Plant No. 2. The Board finds that this alternative is infeasible and less desirable than the proposed Project and rejects this alternative for the following reasons: 1. The EIR concluded that the No Project Alternative would result in greater effects to odor, biological resources, geology, hazards, and water quality. These effects would be greater under the No Project Alternative due to the existing odor emissions and risk of spills associated with the aging pipelines. 2. The EIR concluded that the No Project Alternative would not eliminate significant unavoidable effects of the project and would result in additional significant effects not shared by the project alternatives. ALTERNATIVES IA Under this Alternative the District would install new force mains within the Pacific Coast Highway (PCH) right-of-way from the Bitter Point Pump Station to the Coast Trunk Sewer at Brookhurst Street. The pipeline would be installed using open trench methods. The project would require closing 1.5 lanes of traffic on PCH for the construction period. A new 12-inch B-18 pipeline would also be connected from the oil field property to the Bitter Point Pump Station using open trench methods within the 30-foot easement of the utility service road. The Board finds that Alternative IA would result in additional impacts not associated with the recommended Project including the following: LAND USE AND RECREATION 1. The EIR concludes that Alternative IA would result in potentially significant effects to bike paths. 2. Mitigation measure M-3.7-2 was identified to minimize the effect, requiring that detours be provided to accommodate bike traffic during the construction period. 3. The EIR concludes that Alternative IA could affect access to the State Beach parking lot. 4. Mitigation measure M-3.7-3 was identified to maintain access to the beach parking lot at all times during construction. PUBLIC SERVICES I. The EIR concludes that Alternative IA would result in disruption of utilities during construction. 2. Mitigation measures 7.8-3b and 7.8-3c from the I 999 PEIR were identified to minimize the effect, requiring prompt reconnection and adherence to District standards. 3. The EIR concluded that Alternative IA could affect emergency access routes during construction. 4. Mitigation measures 7.8-Ia, 7.8-lb, 7.8-lc, 7.8-2a, and 7.8-2b from the 1999 PEIR were identified to minimize the impact, requiring traffic control plan notifications, emergency facility access, trench covering, pedestrian safety measures, and equipment security. TRAFFIC I. The EIR concludes that Alternative I A would result in lane closure on PCH during construction. 2. Mitigation measures 7.1-la, 7.1-Ib, 7.I-Ic, 7.1-ld, 7.I-le, 7.2-la, 7.2-Ib, 7.2-lc, 7.2-ld, 7.2-le, 7.2-lf, 7.2-Ig, 7.2-Ih, 7.2-lh, 7.2-Ij, 7.2-11, 7.2-lm, and 7.2-In from the 1999 PEIR were identified to minimize the effect, requiring adherence to District traffic control standards established in the I 999 PEIR. B-I9 The Board also finds that Alternative IA is infeasible and less desirable than the recommended project for the following additional reasons: I. . The alignment would close lanes in PCH and would result in a temporary lane closure of PCH for an 11-month period, and would disrupt access to residential areas on the coastal side of PCH. Therefore, this alignment would not achieve the stated project objective of "minimizing traffic impacts on public streets" to the same degree as the recommended alignment. 2. The bike path along PCH would be detoured for the entire construction period. The City of Newport Beach expressed concerns about the potential impacts of the Alternative I alignments on bike paths and PCH in its letter commenting on the Draft ETR. The City noted that Coast Highway is used by a significant number of bicyclists on a daily basis and expressed concerns about the logistics of bike lane closures and its potential to increase the risk of collision between bicyclists and vehicles. 3. Construction of this alternative could temporarily disrupt utility service to adjacent land uses. Excavation would be required in an existing public right of way, PCH, that currently accommodates numerous other underground utilities (e.g. water, gas, cable, electrical lines, etc.). (Black & Veatch, "Newport Trunk Sewers and Force Mains TM 2 Alignment Study," June 8, 2004 ("Alignment Study") 4. Due to costs relating to low construction productivity, increased traffic control needs within PCH and significant pavement removal, this alternative would cost approximately $6 million more than the recommended alternative or approximately $15.25 million. ("Alignment Study") ALTERNATIVE 1 B Under Alternative IB a gravity sewer connecting the force mains to the Coast Trunk at Brookhurst Street would be constructed within the Huntington State Beach parking lot, outside of the PCH right-of-way, and either would be connected with an existing manhole, which would need to be modified, or a new manhole would be constructed. Additionally, a new 12-inch pipeline would be connected from the oil field property to the Bitter Point Pump Station using open trench methods within the 30-foot easement of the utility service road. The Board finds that Alternative I B would result in additional impacts not associated with the recommended Project including the following: LAND USE AND RECREATION I. The EIR concludes that Alternative lB would result in potentially significant effects to bike paths. 2. Mitigation measure M-3.7-2 was identified to minimize the effect, requiring that detours be provided to accommodate bike traffic during the construction period. B-20 3. The EIR concludes that Alternative lB would affect approximately 1/3 of the parking spaces within Huntington State Beach parking lot. 4. Mitigation measure M-3.7-3 was identified to maintain access to the beach parking lot at all times during construction. PUBLIC SERVICES 1. The EIR concludes that Alternative lB would result in disruption of utilities during construction. 2. Mitigation measures 7.8-3b and 7.8-3c from the 1999 PEIR were identified to minimize the effect, requiring prompt reconnection and adherence to District standards. 3. The EIR concluded that Alternative lB could affect emergency access routes during construction. 4. Mitigation measures 7.8-la, 7.8-lb, 7.8-lc, 7.8-2a, and 7.8-2b from the 1999 PEIR were identified to minimize the impact, requiring traffic control plan notifications, emergency facility access, trench covering, pedestrian safety measures, and equipment security. TRAFFIC I. The EIR concludes that Alternative 1 B would result in lane closure on PCH during construction. 2. Mitigation measures 7.1-la, 7.1-lb, 7.1-lc, 7.1-ld, 7.1-le, 7.2-la, 7.2-lb, 7.2-lc, 7.2-ld, 7.2-le, 7.2-lf, 7.2-lg, 7.2-lh, 7.2-lh, 7.2-lj, 7.2-11, 7.2-lm, and 7.2-ln from the 1999 PEIR were identified to minimize the effect, requiring adherence to District traffic control standards established in the 1999 PEIR. The Board also finds that Alternative 1 B is infeasible and Jess desirable than the recommended project for the following additional reasons: l. Alternative 1 B would disrupt traffic by closing lanes in PCH south of the SAR for a portion of the construction period. Therefore, this alignment would not achieve the stated project objective of "minimizing traffic impacts on public streets" to the same degree as the recommended alignment. 2. Trenching activities would disrupt access to the residential area on the coastal side of PCH. 3. The bike path along PCH would be detoured for the entire construction period. The City of Newport Beach expressed concerns about the potential impacts of the Alternative 1 B-21 alignments on bike paths and PCH in its letter commenting on the Draft EIR. The City noted that Coast Highway is used by a significant number of bicyclists on a daily basis and expressed concerns about the logistics of bike lane closures and its potential to increase the risk of collision between bicyclists and vehicles. 4. Construction of this alternative could temporarily disrupt utility service to adjacent land uses. Excavation would be required in an existing public right of way, PCH, that currently accommodates numerous other underground utilities (e.g. water, gas, cable, electrical lines, etc.). (Black & Veatch, "Newport Trunk Sewers and Force Mains TM 2 Alignment Study," June 8, 2004 ("Alignment Study") 5. Due to costs relating to the same constraints as Alternative IA and the additional length of the alignment, this alternative would cost approximately $6 million more than the recommended alternative or approximately $15.3 million. ("Alignment Study") 6. Access to parking spaces within the Huntington State Beach parking lot would be partially restricted to accommodate the construction. ALTERNATIVE 1 C Under this Alternative the alignment differs from Alternative 1 B in that the force mains beneath PCH extend only to the north side of the SAR. The alignment would then be routed north, parallel with the SAR, along the eastern edge of the Talbert Marsh. Additionally, a new 12-inch pipeline would be connected from the oil field property to the Bitter Point Pump Station using open trench methods within the 30-foot easement of the utility service road. The Board finds that Alternative IC would result in additional impacts not associated with the recommended Project including the following: BIOLOGY 1. The EIR has been modified to clarify that project construction activity within the Talbert Marsh under Alternative IC, could result in destruction of populations of the California Native Plant society annual plant, Chaparral Sand Verbena, as well as potential habitat for the species. 2. In response to this comment on the EIR, the District has added one new impact (3.2- 5) and mitigation measure (M-3.2.5) to the EIR specific to Alternative IC only. The impact identifies that chaparral sand verbena could be affected by construction of Alternative IC. Mitigation measure M-3 .2.5 requires that the District survey the proposed construction area for the sensitive plant. If the species is found, the District would attempt to avoid the area. If avoidance is not possible, the mitigation measure provides a strategy for re-seeding the area following completion of construction activities. B-22 LAND USE AND RECREATION 1. The EIR concludes that Alternative 1 C would result in potentially significant effects to bike paths. 2. Mitigation measure M-3.7-2 was identified to minimize the effect, requiring that detours be provided to accommodate bike traffic during the construction period. PUBLIC SERVICES 1. The EIR concludes that Alternative 1 C would result in disruption of utilities during construction. 2. Mitigation measures 7.8-3b and 7.8-3c from the 1999 PEIR were identified to minimize the effect, requiring prompt reconnection and adherence to District standards. 3. The EIR concluded that Alternative IC could affect emergency access routes during construction. 4. Mitigation measures 7 .8-1 a, 7 .8-1 b, 7 .8-lc, 7 .8-2a, and 7 .8-2b were identified to minimize the impact, requiring traffic control plan notifications, emergency facility access, trench covering, pedestrian safety measures, and equipment security. TRAFFIC 1. The EIR concludes that Alternative 1 C would result in lane closure on PCH during construction. 2. Mitigation measures 7.1-la, 7.1-lb, 7.1-lc, 7.1-ld, 7.1-le, 7.2-la, 7.2-lb, 7.2-lc, 7.2-ld, 7.2-le, 7.2-lf, 7.2-lg, 7.2-lh, 7.2-lh, 7.2-lj, 7.2-11, 7.2-lm, and 7.2-ln from the 1999 PEIR were identified to minimize the effect, requiring adherence to District traffic control standards established in the 1999 PEIR. The Board also finds that Alternative IC is infeasible and less desirable than the recommended project for the following additional reasons: I. Alternative IC would disrupt traffic on PCH, result in bike path detours, and restrict coastal residential access similar to Alternative IB. Therefore, this alignment would not achieve the stated project objective of "minimizing traffic impacts on public streets" to the same degree as the recommended alignment. Moreover, the City of Newport Beach expressed concerns about the potential impacts of the Alternative I alignments on bike paths and PCH in its letter commenting on the Draft EIR. The City noted that Pacific Coast Highway is used by a significant number of bicyclists on a daily basis and expressed concerns about the logistics of bike lane closures and its potential to increase the risk of collision between bicyclists and vehicles. 8-23 2. Alternative IC would also traverse the Talbert Marsh and would potentially impact sensitive biological resources within the alignment area. In addition, OCSD would be required to obtain a sewer easement over the Talbert Marsh, which could be costly and time consuming in light of the significant biological resources present in this area. 3. Construction of this alternative could temporarily disrupt utility service to adjacent land uses. Excavation would be required in an existing public right of way, PCH, that currently accommodates numerous other underground utilities (e.g. water, gas, cable, electrical lines, etc.). (Black & Veatch, "Newport Trunk Sewers and Force Mains TM 2 Alignment Study," June 8, 2004) 4. Due to costs relating to tunneling across PCH and the Talbert Marsh and the narrow construction corridor, this alternative would cost approximately $8 million more than the recommended alternative or $17 million. ALTERNATIVE ID Under this Alternative, the configuration of force mains and gravity sewer would be shifted south through West Newport Park on the coastal side of PCH, between PCH and Seashore Drive, from the Bitter Point Pump Station to the south side of the SAR. This alignment would be entirely outside of the PCH right-of-way. The entire alignment would be constructed with tunneling methods. The Board finds that Alternative 1 D would result in additional impacts not associated with the recommended Project including the following: LAND USE AND RECREATION 1. The EIR concludes that Alternative ID would affect approximately I /3 of the parking spaces within the Huntington State Beach parking lot. In addition, construction of Alternative ID would temporarily reduce parking for the West Newport Park. 2. Mitigation measure M-3.7-3 was identified to maintain access to the beach parking lot at all times during construction. The Board also finds that Alternative l D is infeasible and less desirable than the recommended project for the following additional reasons: 1. Access to on street parking would be temporarily restricted during construction to accommodate the jacking pit north of the Talbert Channel, the Huntington State Beach, and West Newport Park. 2. Construction of this alternative could temporarily disrupt utility service to adjacent land uses. Excavation would be required in an existing public right of way (PCH) B-24 that currently accommodates numerous other underground utilities (e.g. water, gas, cable, electrical lines, etc.). (Black & Veatch, "Newport Trunk Sewers and Force Mains TM 2 Alignment Study," June 8, 2004) 3. Due to costs relating to tunneling the entire length of the alignment, this alternative would cost significantly more than the recommended alternative. The cost of this alternative is approximately $14.4 million more than the recommended alternative or $23.4 million. (Alignment Study) ALTERNATIVE 2A Under this Alternative the alignment would follow a utility road, traverse an oil field, and tunnel under the SAR Marsh and SAR. A new 12-inch pipeline would be connected from the oil field property to the Bitter Point Pump Station using open trench methods within the 30-foot easement of the utility service road. The Board also finds that Alternative 2A is infeasible and less desirable than the recommended project for the following additional reasons: 1. The easement would cross near several abandoned oil wells. These wells would have to be avoided or "re-abandoned" by removing the upper portion of the plug material to depths below the underground sewer. 2. OCSD would be required to obtain a sewer easement over the West Newport Oil Co.I Armstrong Petroleum oil field, which could be costly and time consuming. In addition to the uncertainties of obtaining the requisite easement or right-of-way, there is a greater likelihood that contaminated soil would be unearthed during construction that would require special handling in accordance with applicable health and safety regulations. 3. Due to the projected right-of-way acquisition and mitigation costs, this alternative is estimated to cost approximately $4 million more than the recommended alternative or $13 million. (Alignment Study) ALTERNATIVE 2B Under this Alternative, the alignment would follow a utility road; traverse the SAR Marsh and tunnel under the SAR. Similar to Alignment 2A, the existing gravity line which serves the West Newport Oilfield would be abandoned in place. A new 12-inch pipeline would be constructed to connect the oil field property to the Bitter Point Pump Station using open trench methods within the utility service road. The Board also finds that Alternative 28 is infeasible and less desirable than the recommended project for the following additional reasons: 1. Alternative 2B would result in greater impacts to biological resources within SAR Marsh than the recommended alternative, since it would traverse through the wetland B-25 north of the easement service road, resulting in the filling of numerous acres of wetland habitat used and foraging and nesting habitat by sensitive species. 2. The project would require obtaining permits from the US Fish and Wildlife Service and the USACE that could be time consuming and costly due to the presence of sensitive biological resources and the resource agencies mitigation requirements. 3. OCSD would be required to obtain a sewer easement over the West Newport Oil Co.I Armstrong Petroleum oil field, which could be costly and time consuming. In addition to the uncertainties of obtaining the requisite easement or right-of-way, there is a greater likelihood that contaminated soil would be unearthed during construction that would require special handling in accordance with applicable health and safety regulations. 4. The easement would cross near several abandoned oil wells. These wells would have to be avoided or "re-abandoned" by removing the upper portion of the plug material to depths below the underground sewer. 5. Due to the projected right-of-way acquisition and increased m1t1gation costs, this alternative is estimated to cost approximately $3 million more than the recommended alternative or $12 million. (Alignment Study) XI. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code Section 21081.6 requires a public agency making findings required by subdivision (a) of Section 21081 to adopt a reporting and monitoring program for the changes to the Plan which it has adopted or made a condition of Plan approval in order to mitigate or avoid significant effects on the environment. The Board hereby adopts the Mitigation Monitoring and Reporting Program. The Board further finds that said program meets the requirements of Public Resources Code Section 2108 l .6 by ensuring compliance during Project implementation of the mitigation measures identified in the Final EIR. The Mitigation Monitoring and Reporting Program is attached to these findings as Attachment B. B-26 ATTACHMENT B MITIGATION MONITORING AND REPORTING PROGRAM (ALTERNATIVE 2C) AIR QUALITY ATTACHMENT B -MITIGATION MONITOlllNG AND REPORTING PROGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT ORANGE COUNTY SANITATION DISTRICT MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT ALTERNATIVE 2C Impact 3.1-1: Construction of the proposed project would emit criteria pollutants. Estimated daily average construction emissions would be less than significance thresholds set by the SCAQMD. Measure (M-7.5-la in the PETR): Dust Control. The District shall require the contractors to implement a dust abatement program that would reduce fugitive dust generation to lessen impacts to nearby sensitive receptors. The dust abatement program could include the following measures: • Water all active construction sites at least twice daily. • Cover all trucks having soil, sand, or other loose material or require all trucks to maintain at least two feet of freeboard. • Apply water as necessary, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) an paved access roads, parking areas and staging areas at construction sites. • Sweep daily (with water sweepers) if visible soil material is carried into adjacent streets. • Water twice daily or apply non-toxic soil binders to exposed soil stockpiles. • Limit traffic speeds on unpaved roads to 15 mph. Measure (M-7.5-1 b in the PETR): Exhaust Emissions. Contractors shall maintain equipment engines in proper working order and operate construction equipment so as to minimiz.e exhaust emissions. Such equipment shall not be operated during first or second stage smog alerts. 1 IMPLEMENTATION PROCEDURE 1. Include air emissions restrictions and standard operating procedures for construction work in contract specifications. 2. Include dust reduction measures listed in mitigation measures in contract specifications 3. Conduct oversight of construction activities to ensure scope of work is carried out. ATIACHMENT B-MITIGATION MONITORING AND REPORTil NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMEN 1 l'ROJECT MONITORING AND REPORTING ACTIONS Maintain record of construction oversight for administrative record MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction Measure (M-7.5-lc in the PEIR): Truck Emissions Reductions. During construction, trucks and vehicles in loading or un1oading queues shall be kept with their engines off: when not in use, to reduce vehicle emissions. Construction activities shall be discontinued during second- stage smog alerts. IMPLEMENTATION PROCEDURE 1. Include in construction contract specifications MONITORING AND REPORTING ACTIONS Maintain record of site inspection (i.e. truck trips, coverage for administrative record) Impact 3.1-2: The proposed project could release objectionable odors during construction. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction Measure (M-3.1-1): Excavated soils that emit objectionable odors will be covered with plastic sheeting while stockpiled and will be removed from the construction areas within three days of excavation. If odors emanating from the open trenches create nuisance conditions, they will be covered with plastic sheeting during non-working hours. Measure (M-3.1-2): The contractor shall conduct odor monitoring during excavation and drilling activities. Results of the odor monitoring shall be recorded and reported regularly. B-2 ATIACHMENT B -MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT Measure (M-3. 1-3): During the sewer connection period, the District shall increase odor control chemical applications upstream of the Bitter Point Pump Station as necessary to minimiz.e odor generation from the connection points. IMPLEMENTATION PROCEDURE 1. Include in construction contract specifications BIOLOGICAL RESOURCES MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE During construction Impact 3.2-1: Construction of the Alternative 2 alignments could result in the temporary filling of jurisdictional wetland within the SAR Marsh. Similarly. Alternative lC could result in temporary filling of jurisdictional wetland within the Talbert Marsh. Measure (M-3.2-la): Prior to construction. a qualified biologist will mark the allowed construction area within the service road easement. The allowed construction area will exclude areas with existing marsh vegetation. The markers will be located within visi"ble distance of each other, no more than 100 feet apart on either side of the 30-foot easement. No vegetation shall be removed during construction work within the marked area of the service road alignment. No construction debris. supplies or soils will be placed outside of the marked area. Measure (M-3.2-1 b): A qualified biologist will be present during construction activities within the SAR Marsh or Talbert Marsh sufficient to ensure that no construction activities occur outside of the marked construction area. Measure (M-3.2-tc): Trenches and jack and bore pits shall be located on the previously disturbed easement areas with no marsh habitat value. Trenching and construction of the pits shall not destroy vegetation or place any fill onto wetland areas. If this is not possi"ble. then Mitigation Measure M-3.2-ld would apply. Measure (M-3.2-td): If construction activities remove jurisdictional wetlands, they shaJI be replaced by pennanent wetlands tmder permit conditions established by the USACE, CDFG, and USFWS. 3 IMPLEMENTATION PROCEDURE I. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. 3. Initiate permitting as necessary. ATTACHMENT B -MITIGATION MONITORING AND llEPORTil NEWPORT TRUNK SEWER AND FORCE MAINS llEPLACEMEN 1 t'ROJECT MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Impact 3.2-2: Project construction could affect the habitat, or result in incidental take ot: the Belding savannah sparrow (nesting and foraging) and California least tern (foraging). This would be a less than significant impact under Alternatives IA. lB, IC, and lD, and a significant impact for Alternatives 2A. 2B and 2C. Measure (M-3.2-2a): The District shall retain a qualified biologist to provide an educational session to all contractors and construction workers on the least tern and Belding savannah sparrow. Measure (M-3.2-2b): Limit construction near the least tern nesting area and within the SAR Marsh and Talbert Marsh to non-nesting periods for the Belding's savannah sparrow and the least tern. IMPLEMENTATION PROCEDURE I. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record; MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Construction activity in the SAR Salt Marsh would be limited to the period of September I through February 15. Impact 3.2-3: Construction activities associated with Alternatives IC, 2A. 2B, and 2C could adversely affect non-listed nesting birds protected by the federal Migratory Bird Treaty Act. B-4 A TfACHMENT B -MITIGATION MONITORING AND REPORTING PR.OGRAM NEWPORT TRUNK SEWER. AND FOR.CE MAINS REPLACEMENT PROJECT Measure (M-3.2-2b): Limit consbuction near the least tern nesting area and within the SAR Marsh and Talbert Marsh to non-nesting periods for the Belding's savannah sparrow and the least tern. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with consbuction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during consbuction. Impact 3.2-4: Routine maintenance and access requirements for Alternatives 2A, 2B, and 2C would potentially affect sensitive habitat and wildlife within the SAR Marsh. Measure (M-3.2-4): The District shall prepare a maintenance procedures manual for activities within the SAR Marsh. The manual will include the following restrictions at a minimum: • District personnel shall not enter or place materials outside of the utility easement. • No vegetation clearing outside of the easement is allowed. • The speed limit on the SAR Marsh service road is limited to 15 miles per hour. • Public access onto the easement from the SAR levee shall be restricted. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of consbuction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with consbuction contract specifications. Maintain record of construction oversight for administrative record. 5 MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during consbuction. ATTACHMENT B -MITIGATION MONITORING AND REPORTll NEWPORT TRUNK SEWER AND FORCE MAJNS R.EPLACEMEI'li • rROJECT CULTURAL RESOURCES Impact 3.3-1: Ground-disturbing activities associated with construction of the proposed project could reveal previously unknown buried or otherwise obscured significant prehistoric and historic cultural resources. Measure (M-7.10-la in the PEIR): Archaeological Resources. Subsurface construction has a low to veiy high potential for exposing significant subsurface cultural resources. Due to the likelihood of encountering cultural resources, the District shall implement the following prior to project construction: Language shall be included in the General Specifications section of any subsurface construction contracts alerting the contractor to the potential for subsurface cultural resources and trespassing on known or potential resources adjacent to the project. Measure (M-7.10-lb in the PEIR): Cultural Resources. If cultural resources are encountered at any time during project excavation, construction personnel would avoid altering these materials and their context until a qualified archaeologist has evaluated the situation. Project personnel would not collect or retain cultural resources. Prehistoric resources include, but are not limited to, chert or obsidian flakes, projectile points, mortars, and pestles; and dark, friable soil containing shell and bone, dietary debris, heat-affected rock, or human burials. Historic resources include stone or adobe foundations or walls; structures and remains with square nails; and refuse deposits (glass, metal, wood, ceramics), often found in old wells and privies. Measure (M-7.10-lc in the PEIR): Homan Remains Alert In the event of accidental discovery or recognition of any human remains, the County Coroner would be notified immediately and construction activities shall be halted. If the remains are found to be Native American, the NAHC would be notified within 24 hours. Guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.3-2: The proposed project may damage or degrade previously unidentified paleontological remains. B-6 MONITORING SCHEDULE Prior to and during construction. ATTACHMENT B -MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT TRUNK SEWEil AND FORCE MAINS REPLACEMENT PROJECT Measure (M-3.3-1 ): In the event of an unanticipated discovery of vertebrate fossils during construction, the District shall instruct its contractors to halt construction activity within fifty 50 feet of the find and immediately notify the District about the find. The District shall then retain a qualified paleontologist, who must assess the find and develop a mitigation plan that ensures that the resources are removed from the site or otherwise protected on site. The District shall not resume construction activity within fifty (50) of the find until the find is removed or otherwise protected in accordance with the paleontologist's recommendation. IMPLEMENTATION PROCEDURE 1. Include requirements in contract specifications. 2. Conduct oversight of construction activities to ensure scope of work is carried out. GEOLOGY AND SOILS MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications. Maintain record of construction oversight for administrative record. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction. Impact 3.4-1: The proposed project could expose structures to potential adverse effects due to rupture of a known earthquake fault, strong ground shaking, and ground failure, including liquefaction and landslides due to seismic activity. Measure (M-3.4-1): OCSD shall follow the recommendations of the Geotechnical Report (Ninyo & Moore, June 2003, July 2003 and September 2003). These recommendations include the following: • Rip-rap for the SAR is reportedly present to an elevation of approximately -17 feet MSL and will be considered in the planned elevation of the proposed horiz.ontal drilling and/or microtunneling. • The llllderlying soils are generally loose to dense sands with some gravel and shell fragments to elevations explored of approximately -30 to -45 feet MSL in the area of the river and are typically suitable for drilling. • Soft grolllld conditions are expected in the low-lying areas of the marshes and may not support equipment loads. Grolllld modification and/or imported fill for access roads through the low lying areas may be appropriate. • Grolllldwater is relatively shallow and dewatering will likely be needed for the jacking pits and/or trenches. Ground improvement may be appropriate to adequately dewater the site during excavation work for entry shafts and/or open trenches. 7 A TIACHMENT B -MITIGATION MONITORING AND llEPORm NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT .l'ROJECT • In light of the relatively wide area of faulting in the vicinity of the site, there is potential for fault rupture hazard within the alignment area. The actual locations of active fault traces within the alignment area, however, are unknown. Horiz.ontal and vertical ground displacement of up to approximately one meter will be considered in the design of the pipeline. • Since this alignment crosses the SAR from a different location along the east side of the channel, the locations and depths of existing structures located in this area will be carefully evaluated for the project design. The existing structures include the presence of the existing rip-rap, a tidal gate, and a 42-inch-diameter siphon. • Structures for the proposed project will be designed to withstand the expected ground motion (0.4 lg) and comply with the requirements of applicable jurisdictions and bmlding codes, and will be in general accordance with standard practices of the Structural Engineers Association of California. • Detailed estimates of the dynamic settlement will be prepared. Measure (M-7.6-la in the PEIR): Seismic Safety. The District will design and construct new facilities in accordance with District seismic standards and/or meet or exceed seismic, design standards in the most recent edition of the California Building Code. IMPLEMENTATION PROCEDURE 1. Include design-level geotechnical evaluations in specifications prior to construction. 2. Require compliance with California Building Code in contract specifications. 3. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Maintain record of specifications for administrative record. Maintain record of specifications for administrative record. Maintain record of construction/inspection oversight for administrative record. MONITORING RESPONSIBILITY OCSD OCSD MONITORING SCHEDULE Prior to construction activities. Prior to construction activities. Prior to and during construction activities. Impact 3.4-2: The project could be located on soil that is tmStable and potentially result in on or off-site landslide, lateral spreading, subsidence, or collapse. In addition, it is possible that expansive soils could be encountered. Measure (M-3.4-2): OCSD shall follow the recommendations of the Geotecbnical Report (Ninyo & Moore, June 2003, July 2003 and September 2003). These recommendations include the following: B-8 A'ITACHMENT B -MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT TRUNK SEWER AND FORCE MAJNS REPLACEMENT PRO.JECT • The contractor will be fami1iar with applicable local, state, and federal safety regulations regarding excavations, including OSHA excavation and trench safety standards. • Stockpiles will be kept away from the top of excavations and s1opes unless the shoring has been designed adequately to allow for the additional loads. • Since sotl conditions may vary from those anticipated, soil conditions will be observed during excavation • Actual design parameters will be based on a detailed subsurface evaluation at the proposed jacking pit locations. • Laboratory testing of the soils will be conducted to evaluate the corrosion potential at the time of the detailed geotechnical evaluation. Measures will be implemented to protect pipeline from corrosion. IMPLEMENTATION PROCEDURE 1. Include in construction contract specifications 2. Conduct oversight of construction activities to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Monitor compliance with construction contract specifications Maintain record of construction specifications, geotechnical evaluation, soil smveys and construction oversight for administrative record. HAZARDS AND HAZARDOUS MATERIALS MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to approving final design and construction Prior to and during construction Impact 3.5-1: Soi1s and groundwater containing hazardous substances could be encotDltered during construction and could result in worker and pub1ic hea1th hazards or cou1d affect the environment. Measure (M-3.5-1): Any contaminated soils encotDltered on the project site during excavation activities shall be removed from the project site and disposed of off-site in accordance with applicable hazm-dous waste regu1ations. The District wi11 notify the Orange ColDlty Health Care Agency -loca1 Certified Unified Program Agency (CUPA) ofremedia1 actions. 9 A ITACHMENT B -MITIGATION MONITORING AND REPORTII\ JGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT IMPLEMENTATION PROCEDURE 1. Include in construction contract specifications MONITORING AND REPORTING MONITORING ACTIONS RESPONSIBILITY Contractor's SPCC Plan to be approved by the OCSD District's Safety Division OCSD 2. Notify Orange C01mty Health Care Agency Obtain approval from OCHA and other and other regulatory agencies as necessary agencies if necessary. Impact 3.S-2: Improperly abandoned oil wells may exist within the excavation alignments. MONITORING SCHEDULE Prior to installation Prior to and during tank removal Measure (M-7.8-3e in the PEIR): Identify Abandoned Oil Wells. Prior to construction, the District shall identify existing and abandoned oil production wells within the project area using the California Department of Conservation, Division of Oil, Gas, and Geothermal Resources (DOGGR), District 1 well location maps. Access to identified non-abandoned oil wells will be maintained. Previously abandoned wells identified beneath proposed structures or utility corridors may need to be plugged to current DOGGR specifications including adequate gas venting systems. Measure (M-7.8-3f in the PEIR): Abandon Wells. Should construction activities uncover previously unidentified oil production wells, the DOGGR will be notified, and the well will be abandoned following DOGGR specifications for well abandonment. IMPLEMENTATION PROCEDURE l. Include in construction contract specifications MONITORING AND REPORTING ACTIONS Monitor compliance with approved construction contract specifications. Impact 3.S-3: Tunneling activities may encowiter hazardous widerground gases. MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and tank removal. Measure (M-3.S-2): Prior to twineling activities, the District shall prepare a Construction Site Plan for twineling activities. The District shall submit the Site Plan to the California Division of Oil, Gas, and Geothennal Resources for review and approval. The Site Plan shall include at a minimum the requirement to conduct continuous monitoring for H2S, methane, and volatile organics. B-10 A'ITACllMENT B -MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS MONITORING RESPONSIBILITY MONITORING SCHEDULE 1. Include in construction contract specifications Confirm compliance with California Division of Oil, Gas, and Geothennal Resomces requirements. Maintain administrative record. OCSD Prior to final design and construction drilling, tunneling activities or demolition. 2. Submit Construction Site Plan to California Division of Oil, Gas, and Geothermal Resources 3. Conduct oversignt of construction activities to ensure scope of work is carried out. Maintain record of construction/inspection oversight for administrative record. HYDROLOGY Impact 3.6-1: Construction activities could result in discharge of pollutants and could generate polluted storm water runoff that could affect surface water quality. Measure (M-3.6-1 ): The District shall ensure that drilling depths are adequate to avoid seepage of drilling fluids into surface waters. Typically this requires a cover of six feet. Measure (M-7. 7-la in the PETR): Contractor BMPs. Construction contractors will implement Best Management Practices to prevent erosion and sedimentation to avoid significant adverse impacts to surface water quality. Measure (M-7. 7-tc in the PETR): County of Orange Coordination. The District shall coordinate with the Orange County Resources and Development Management Department (Orange Collllty Flood Control District) Planning Section to ensure compatibility and joint use feasibility with existing and future projects. Measure (M-7. 7-ld in the PETR): Waterway Protection. The District shall incorporate into contract specifications the requirement that the contractor(s) enforce strict on-site handling rules to keep construction and maintenance materials out of receiving waters. The rules will include measmesto: • Store all reserve fuel supplies only within the confmes of a designated construction staging area. • Refuel equipment only within designated construction staging area. • Regularly inspect all construction vehicles for leaks. 1 ATTACHMENT B -MITIGATION MONITORING AND REPORTil NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEME1'1 .t J"ROJECT Measure (M-7. 7-le in the PEIR): Spill Prevention. The District shall incorporate into contract specifications the requirement that the contractor(s) prepare a Spill Prevention. Control, and Countermeasure Plan. The plan would include measures to be taken in the event of an accidental spill. Measure (M-7.7-lfin the PEIR): Spill Containment. The District shall incorporate into contract specifications the requirement that the construction staging areas be designed to contain contaminants such as oil, grease, and fuel products so that they do not drain towards receiving waters or storm drain inlets. If heavy-duty construction equipment is stored overnight, drip pans will be placed beneath the machineiy engine block and hydraulic systems. IMPLEMENTATION PROCEDURE 1. Implement BMPs. 2. Implement SWMP. 3. Periodically update SWMP. 4. Inspect construction sites. LAND USE AND RECREATION MONITORING AND REPORTING ACTIONS Maintain compliance with SWMP for administrative record. Maintain record of site construction/ inspections for administrative record. MONITORING RESPONSIBILITY OCSD Impact 3.7-2: The pipeline alignments could affect existing land uses and recreational facilities during the construction phase. MONITORING SCHEDULE Prior to and during construction. Measure (M-3. 7-1 ): Access to the West Newport Oilfield and the City of Newport Beach oil wells will be maintained at all times during construction with at least one lane of traffic suitable for large vehicles. IMPLEMENTATION PROCEDURE MONITORING AND REPORTING ACTIONS B-12 MONITORING RESPONSIBILITY MONITORING SCHEDULE ATTACHMENT B -MITIGATION MONITORING AND REPORTING PROGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT 1. Include in construction contract specifications. Maintain record of construction/inspection oversight for administrative record. OCSD Prior to and during construction NOISE Impact 3.8-1: Construction of the proposed project would generate noise that could create nuisance conditions at nearby land uses. Measure (M-3.8-1}: The District shall require that the contract specifications include specific language stating that work is not to be conducted outside of the allowable daytime construction period of7:30 AM to 5:30 PM. This includes staging and any truck driving on the dirt access road. Measure (M-7.4-la in the PEIR): Hours of Construction. Construction activities shall be limited to between the hours of7:30 a.m. and 5:30 p.m. and as necessmy to comply with local ordinances. Any nighttime or weekend construction activities would be subject to local permitting. Measure (M-7.4-tb in the PEIR}: Noise Control All equipment used during construction shall be mutlled and maintained in good operating condition. All internal combustion engine driven equipment shall be fitted with intake and exhaust mutllers that are in good condition. Measure (M-7.4-lc in the PEIR}: Pile-Driving Noise Reduction. Contractors shall use vibratory pile drivers instead of conventional pile drivers where feasible and effective in reducing impact noise from shoring of jack-pit locations in close proximity to residential areas. where applicable. IMPLEMENTATION PROCEDURE 1. Include compliance with local noise and construction ordinances in construction specifications 2. Include noise reduction procedures in construction specifications 3. Provide construction oversight to ensure scope of work is carried out. MONITORING AND REPORTING ACTIONS Maintain record of construction oversight for administrative record MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction Measure (M-7.4-td in the PEIR): Construction Notification. Sensitive receptors affected by pipeline replacement projects. and manhole rehabilitation activities shall be notified concerning the project timing and construction schedule, and shall be provided with a phone number to call with questions or complaints. 13 .. IMPLEMENTATION PROCEDURE I . Prepare and distnlmte notifications. 2. Include noise reduction procedures in construction specifications 3. Provide construction oversight to ensure scope of work is carried out. TRAFFIC MONITORING AND REPORTING ACTIONS Maintain record of notification and distribution list. A TIACHMENT B -MITIGATION MONITORING AND REPORTll\ JGRAM NEWPORT TRUNK SEWER AND FORCE MAINS REPLACEMENT PROJECT MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to construction Impact 3.10-1: Construction of the project would add temporary construction traffic to local roadways. M-3.10-1: Dirt haul operations occurring during the peak summer months (Memorial Day to Labor Day of any given calendar year) shall not occur during peak AM or PM periods (6:00-9:00 AM and 3:00-6:00 PM). IMPLEMENTATION PROCEDURE I. Require traffic control plan for construction projects. 2. Notify affected cities of construction schedule. 3. Provide construction oversight. MONITORING AND REPORTING ACTIONS Ensure that construction vehicle traffic complies with traffic control plan. Provide record of construction oversight. B-14 MONITORING RESPONSIBILITY OCSD MONITORING SCHEDULE Prior to and during construction