Loading...
HomeMy WebLinkAboutOCSD 10-02 661060.1 1 RESOLUTION NO. OCSD 10-02 CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANA RIVER INTERCEPTOR PROTECTION/RELOCATION PROJECT, FINDING THAT LEAD AGENCY CEQA COMPLIANCE OBLIGATIONS HAVE BEEN FULFILLED, AND RELATED ACTIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANA RIVER INTERCEPTOR PROTECTION/RELOCATION PROJECT; MAKING CERTAIN FINDINGS RELATING TO ENVIRONMENTAL EFFECTS IDENTIFIED IN THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND FINDING THAT LEAD AGENCY CEQA COMPLIANCE OBLIGATIONS HAVE BEEN FULFILLED. The Board of Directors of the Orange County Sanitation District does hereby find: A. The Orange County Sanitation District (OCSD) owns the Santa Ana River Interceptor (SARI) Line. B. The Orange County Flood Control District (OCFCD) has proposed the protection/relocation of the SARI between Weir Canyon Road and the Orange/Riverside County boundary along the Santa Ana River. C. OCSD and OCFCD wish to advance the protection and/or relocation of the SARI (SARI Project) in response to existing conditions and the raising of the Prado Dam by the U.S. Army Corps of Engineers (Corps) and OCFCD. The SARI Project shall, to the extent required by law, be publicly bid. D. OCFCD is the lead agency under the California Environmental Quality Act (CEQA), for the proposed protection/relocation of the SARI in Orange County. E. On or about June 27, 2007, OCFCD and OCSD entered into a revised Santa Ana River Interceptor Line Loan and Repayment Agreement No. D07-042 (Loan Agreement) by which OCSD conditionally loaned funds under terms and conditions set forth in the agreement. F. Section 4 of the Loan Agreement provides that, except as otherwise described therein, OCSD’s obligations under the Loan Agreement become effective only upon the successful completion of the County’s review of the proposed SARI Project under the California Environmental Quality Act, Public Resources Code section 21000 et seq (CEQA), and the Corps review of the proposed SARI Project under the National Environmental Policy Act (NEPA). OCSD has had no obligations under 661060.1 2 the Loan Agreement, and the Loan Agreement has had no force and effect until the County and the Corps determine, in their sole and absolute discretion, respectively, that they have completed all CEQA and NEPA review, made appropriate findings under CEQA and NEPA as required by law, and finally determine to proceed with the activities described in the Loan Agreement. This Section also provides that, notwithstanding the foregoing, within 30 days of a request therefor, OCSD would loan OCFCD an amount sufficient to fund OCSD’s share of costs to complete CEQA and NEPA review. G. On April 4, 2004 a Notice of Preparation/Initial Study for the Santa Ana River Interceptor (SARI) Protection/Relocation Project was distributed to all responsible agencies, trustee agencies and interested parties. H. Pursuant to the Initial Study and comments received in response to the Notice of Preparation, the U.S. Army Corps of Engineers (Corps) prepared the Draft Supplemental Environmental Impact Statement/ Environmental Impact Report (SEIS/EIR), dated March 2008, State Clearinghouse Number 2004044001. I. The Corps has prepared a Draft SEIS/EIR for the Santa Ana Interceptor (SARI) Protection/Relocation Project pursuant to the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the County of Orange Local Procedures Manual. J. The Draft SEIS/EIR, at page 1-15, identifies OCSD as a responsible agency under the California Environmental Quality Act (CEQA), for the proposed protection/relocation of the SARI in Orange County. K. Information from previously prepared and certified EIS/EIRs and other environmental documents for the Santa Ana Mainstem Project was utilized in the preparation of the Draft SEIS/EIR. L. On March 13, 2008 a Notice of Completion for the Draft SEIS/EIR was filed with the State Clearinghouse, and a Notice of Availability was distributed and posted, giving notice of the availability of the Draft SEIS/EIR for review and comment. M. Copies of the Draft SEIS/EIR were circulated for public review and comment between March 14, 2008 and ended April 28, 2008. N. Comments on the Draft SEIS/EIR were received from the public and responsible public agencies during the 45-day Draft SEIS/EIR public review period which began on March 14, 2008 and ended on April 28, 2008. O. Such comments were responded to and are contained in a document entitled “Response to Comments” on the Draft SEIS/EIR. P. The potential environmental impacts of the project were identified and analyzed in the Proposed Final SEIS/EIR and appropriate mitigation 661060.1 3 measures have been identified to mitigate the potential environmental impacts of the project. Q. A reasonable range of alternatives to the project were identified and evaluated in the Proposed Final SEIS/EIR. R. Section 21081.6 of the CEQA Statute requires, where a Proposed Final SEIS/EIR has been prepared for a project from which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project. S. The Planning Commission of the County of Orange conducted a public meeting on July 8, 2009 (continued to August 5, 2009) to receive public comments on the Proposed Final SEIS/EIR (IP 03-226) as it was constituted at that time. T. The Proposed Final SEIS/EIR for the Santa Ana River Interceptor (SARI) Protection/Relocation Project is comprised of (i) Proposed Final SEIS/EIR (IP 03-226), (ii) Technical Appendices to the Proposed Final SEIS/EIR, (iii) Response to Comments on the Proposed Final SEIS/EIR, and (iv) the OCFCD CEQA Findings, Facts in Support of Findings, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program. U. The Planning Commission of the County of Orange reviewed all documentation and materials comprising the Proposed Final SEIS/EIR and found that Proposed Final SEIS/EIR IP No. 03-226 identifies all significant environmental effects of the Project, and that there are no known potential environmental impacts which are not specifically and adequately addressed in Proposed Final SEIS/EIR No. 03-226. V. The Planning Commission found that although Proposed Final SEIS/EIR No. IP 03-226 identifies certain significant environmental effects that will result if the Project is approved and those significant effects which can be feasibly mitigated or avoided have been reduced to an acceptable level by the incorporation of mitigation measures on the approved Project. The individual mitigation measures identified for the Project are incorporated into the CEQA Findings (see Exhibit C) and as part of the MMRP (see Exhibit D). For those Project significant effects that cannot be reduced to less than significant level, even after the incorporation of mitigation measures, a Statement of Overriding Considerations has been prepared and is included in Exhibit E. W. The Planning Commission reviewed all documentation and materials comprising the Proposed Final SEIS/EIR and found that Proposed Final SEIS/EIR No. IP 03-226 considers all environmental effects of the Recommended Project and is complete and adequate and fully complies with all requirements of CEQA, the CEQA Guidelines and the County’s environmental analysis procedures. 661060.1 4 X. The Planning Commission reviewed the findings contained in the “CEQA Findings and Facts in Support of Findings” with respect to significant impacts identified in Proposed Final SEIS/EIR No. IP 03-226. The CEQA Findings and Facts in Support of Findings is attached hereto as Exhibit C and incorporated herein by this reference. Y. The Planning Commission, in conformity with OC Public Works’ recommendation, recommended that the Board of Supervisors find the Proposed Final SEIS/EIR adequate and complete and certify it as Final SEIS/EIR IP 03-226 in compliance with CEQA Guidelines Section 15090. Z. On or about October 6, 2009, the Orange County Board of Supervisors adopted Resolution 09-161, certifying Final SEIS/EIR IP 03-226; adopting a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations and selecting preferred project alternative OC 3B for the Santa Ana River Interceptor Line project; authorizing the OCFCD Director or designee to proceed with work order No. 2 and actions necessary for construction: and made California Environmental Quality Act findings. AA. On or about November 20, 2009, the Army Corps of Engineers approved the Record of Decision (ROD) for the SARI Project, constituting its review and approval of the Final SEIS/EIR under the National Environmental Policy Act. BB. A Mitigation Monitoring and Reporting Program (MMRP) has been drafted to meet the requirements of CEQA Section 21081.6 as a mitigation measure monitoring program. The MMRP is designed to ensure compliance with the mitigation measures imposed upon the Project to avoid or substantially lessen the significant effects identified in the Proposed Final SEIS/EIR IP 03-226. The MMRP checklist, which is incorporated into the MMRP, defines the following for each mitigation measure:  Mitigation Measure – In each case, the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.  Implementing Action – For each mitigation measure, the action by which it will be implemented is identified.  Timing for Verification – In each case, a time for verification of the mitigation, or review of evidence that mitigation has taken place, is provided. The verification points selected are designed to ensure that impact-related components of Project implementation are adequately addressed and do not proceed without establishing that the mitigation is assured.  Responsibility – For each mitigation measure a responsible person has been identified to make sure the measure is carried out. 661060.1 5 CC. A copy of the MMRP as adopted by the Orange County Board of Supervisors is included hereto as Exhibit D and incorporated herein by this reference. DD. Section 21081 of CEQA and Sections 15091 and 15096 of the CEQA Guidelines require that the Board of Directors make one or more of the following findings prior to approval of a project for which an environmental impact report has been completed, identifying one or more significant effects of the project, along with statements of fact supporting each finding: Finding 1 – Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Finding 2 – Changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Finding 3 – Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the SEIS/EIR. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: That the Board of Directors certifies Final SEIS/EIR (IP 03-226) as complete and adequate in that it addresses all of the environmental effects of the Project and fully complies with the requirements of CEQA, the CEQA Guidelines and the County’s environmental analysis procedures. All of the information comprising Final SEIS/EIR No. IP 03-226 is on file with the County of Orange/OC Public Works at 300 N. Flower Street, Santa Ana, California. Section 2: The Board of Directors makes the findings contained in the “Statement of Findings and Fact in Support of Findings” (collectively, “Statement of Findings”), including the findings required by Section 21081 of CEQA and Sections 15091 and 15096 of the CEQA Guidelines, with respect to significant impacts identified in Final SEIS/EIR IP 03-226. Specifically, the Board of Directors finds that each fact in support of the individual findings is true and based upon substantial evidence in the record, including Final SEIS/EIR No. IP 03-226. The Board of Directors adopts as its own the Statement of Findings adopted by the Orange County Board of Supervisors attached hereto as Exhibit C and incorporated herein by this reference. References to the Orange County Board of Supervisors therein making findings and adopting the Statement of Findings shall be, for purposes of this resolution, imputed as actions of the Board of Directors pursuant to this resolution. 661060.1 6 Section 3: The Board of Directors finds that Final SEIS/EIR No. IP 03-226 identifies all significant environmental effects of the Project, and that there are no known potential environmental impacts which are not specifically and adequately addressed in the Final SEIR. Section 4: The Board of Directors finds that although Final SEIS/EIR No. IP 03-226 identifies certain significant environmental effects that will result if the Project is approved and those significant effects which can be feasibly mitigated or avoided have been reduced to an acceptable level by the incorporation of mitigation measures on the approved Project. The individual mitigation measures identified for the Project are incorporated into the Statement of Findings, included as Exhibit C, and the MMRP, included in Exhibit D. Section 5: The Board of Directors finds that Final SEIS/EIR 03-226 describes a reasonable range of alternatives to the Project that could feasibly obtain most of the basis objectives of the Project but would avoid or substantially lessen one or more of the significant effects associated with the proposed project (including the “No Project Alternative”), even though these alternatives might be more costly or infeasible. Section 6: The Board of Directors finds that no substantial evidence has been presented which would call into question the facts and conclusions appearing in Final SEIS/EIR No. 03-226. Section 7: The Board of Directors finds that no significant new information has been added to Final SEIS/EIR IP 03-226 such that recirculation for additional public review is necessary or required pursuant to CEQA Guidelines Section 15088.5. Section 8: The Board of Directors finds that the MMRP establishes a mechanism and procedures for implementing and verifying the project mitigation prior to or concurrent with Project approval and implementation. Section 9: The Board of Directors hereby adopts the MMRP, and supports the direction given by the Orange County Board of Supervisors that the mitigation measures be incorporated into the Project prior to or concurrent with Project approval and implementation. Section 10: The Board of Directors finds that the unavoidable adverse effects of the Project (as identified in the “Statement of Overriding Considerations”, included as Exhibit E) that have not been reduced to a level of less than significant have been, nonetheless, lessened in their severity by the imposition of the mitigation measures identified in the MMRP, included in Exhibit D. The Board further finds that any remaining, unavoidable significant impacts are clearly outweighed by the specific economic, legal, social, and other benefits of the Project (as more particularly described in the Statement of Overriding Considerations) outweigh the unavoidable adverse environmental effects and that the adverse environmental effects are considered acceptable. Section 11: The Board of Directors adopts a Statement of Overriding Considerations, included in Exhibit E, pursuant to CEQA Guidelines § 15096, which provides the basis for approval of the Project notwithstanding certain unavoidable significant environmental effects which cannot be feasibly and substantially mitigated, as set forth in the Statement of Overriding Considerations. The Board of Directors finds that the Statement of Overriding Considerations sets forth all of the facts upon which it is based. References to the Orange County Board of Supervisors therein making findings and adopting the Statement of Overriding Considerations shall be, for purposes of this resolution, inputed as actions of the Board of Directors pursuant to this resolution. Section 12: The Board of Directors finds that refinements that have been made in the Project do not amount to significant new information concerning the Project, nor has any significant new information concerning the Project become known to the Board of Directors through the public hearings held on the Project, through the comments received on Final SEIS/EIR No. IP 03-226, or through the Responses to Comments prepared by the County. Section 13: The Board of Directors finds that Final SEIS/EIR No. IP 03-226 reflects the independent review and judgment of the Orange County Sanitation District. Section 14: The Board of Directors finds that Final SEIS/EIR No. IP 03-226 serves as adequate and appropriate environmental documentation for the Project. Section 15: The Board of Directors concurs with the County's selection of Alternative OC 3B, Orange County Relocate to the South, "Shallow Alternative," as the preferred alternative for the SARI Line Protection/Relocation Project between Weir Canyon Road and the County Boundary. Section 16: The Board of Directors hereby finds and determines that Section 4 of that certain Loan Agreement dated on or about June 27, 2007 between the Orange County Sanitation District and the Orange County Flood Control District is satisfied in that the County successful completed review of the proposed SARI Project under the California Environmental Quality Act, Public Resources Code section 21000 et seq, and the Army Corps of Engineers successfully completed review of the proposed SARI Project under the National Environmental Policy Act. PASSED AND ADOPTED at a regular meeting held January 27, 2010. ATTEST: Cle~~ 7 661060.1 CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 1 CEQA FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR FINAL SEIS/EIR FOR SANTA ANA RIVER INTERCEPTOR LINE (SARI) PROTECTION/RELOCATION ORANGE COUNTY, CA 1.0 INTRODUCTION 1.1 Statutory Requirements for Findings The California Environmental Quality Act (“CEQA”) (Public Resource Code §21081) and the CEQA Guidelines (“the Guidelines”) (14 California Code of Regulations. §15091) require that no public agency approve or carry out a project for which an Environmental Impact report (“EIR”) has been certified which identifies one or more significant effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding. The possible findings, which must be supported by substantial evidence in the record, are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment (hereafter, “Finding 1”). 2. Changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency (hereafter, “Finding 2”). 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR (hereafter, “Finding 3”). For those significant effects that cannot be mitigated to below a level of significance, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. In addition, CEQA requires a public agency to make a finding that the EIR reflects the public agency’s independent review and judgment. In accordance with the provisions of CEQA and the Guidelines, the Orange County Board of Supervisors expressly finds that the Final Supplemental Environmental Impact Statement, Santa Ana Mainstem Phase II General Design Memorandum (Phase II GDM SEIS) prepared for the SARP by the Corps in August 1988, reflects the County’s independent review and judgment. The Final SEIR/EIR identifies significant or potentially significant environmental effects, prior to and after mitigation, that may occur as a result of implementation of the proposed SARP. In accordance with the provision of CEQA and the Guidelines, the Board of Supervisors adopts these findings as part of its certification of the Final SEIS/EIR. 1.2 Organization/Format of Findings In compliance with the statutory requirements, the findings are organized as follows: 1. Significant effects that cannot be mitigated to a level of insignificance 2. Effects that were determined to have been mitigated to below a level of significance 3. Effects determined not to be significant 4. Significant cumulative effects 5. Cumulative effects determined not to be insignificant EXHIBIT C CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 2 6. Significant growth-inducing effects 7. Feasibility of project alternatives 8. Mitigation measures 9. Statement of Overriding Considerations. Each of these categories is accompanied by a discussion of significant effects, mitigation measures relevant to the specific effects being considered, findings, and facts in support of those findings. 1.3 Tier Level SEIS/EIR The SEIS/EIR supplements the Final Supplemental Environmental Impact Statement, Santa Ana River Mainstem Phase II General Design Memorandum (Phase II GDM SEIS) prepared for the SARP by the Corps in August 1988 (on file at the Corps, Los Angeles District, 915 Wilshire Boulevard, Los Angeles, CA 90017). Since the original authorization of SARP, several flood risk management features were added or modified based on changes to the baseline condition of the SARP. These flood risk management modifications required additional environmental assessment and documentation. A final Supplemental Environmental Impact Statement/Environmental Impact Report (SEIS/EIR) for the flood risk management modifications in the SARP was completed in 2001, SARP, Prado Basin and Vicinity, SEIS/EIR, 2001. The SARI protection/relocation project was identified in this document as a component of the SARP that has yet to be implemented by the local sponsors for the project (see Appendix F of the listing of Previous Environmental Studies). This document addresses potential modifications to the SARI downstream of Prado Dam, in Orange and Riverside Counties due to both the current erosion and the erosion anticipated after Prado Dam is raised. The impacts of construction, operation and routine maintenance are evaluated in the SEIS/EIR. The purpose of the SARP is to reduce flood risk within the area to an annual exceedance probability of .5% to 1%. The SARP protection ranges over the counties of San Bernardino, Riverside, and Orange and includes over two million people and numerous businesses and structures. A recent feature of the SARP is the raising of Prado Dam which will enable increased releases of up to 30,000 cfs. The Prado Basin and Vicinity, Including Reach 9 and Stabilization of the Bluff Toe at Norco Bluffs SEIS/EIR November 2001, prepared by the Corps for the raising of Prado Dam, identified that the scour effect resulting from increased releases from the raised spillway elevation of Prado Dam will ultimately expose and undermine the existing SARI. To clarify the relationship between the SARP and the SARI projects, a brief chronology is provided here. Construction of Prado Dam was authorized in 1936 for flood risk management in the Santa Ana River floodplain. The Corps completed construction of Prado Dam in 1941. Decades later, circa 1972-1973, the SARI was constructed as a joint project of the OCSD and the SAWPA to improve and protect of water quality within the Santa Ana River watershed. The lower segment of the SARI was aligned within the Santa Ana River floodplain from Prado Dam downstream to the Pacific Ocean. To provide additional flood risk management within the Santa Ana watershed, a survey report for the Santa Ana River Mainstem Project (SARP) was submitted to Congress in September 1978. Construction of SARP was initiated in 1989. At that time, the depth of the SARI was considered sufficient to provide adequate protection. After releases from Prado Dam during the severe El Niño winter storms in 1998, however, a portion of the SARI was uncovered and, therefore, exposed to possible debris impact associated with controlled releases from Prado Dam of up to 10,000 cfs. These exposures were repaired as emergency actions. The SARI is a pipeline carrying non-reclaimable wastewater constituents (used water and water carried waste that is discharged to a sanitary sewer) consisting of desalter concentrate (the wastewater of the reverse osmosis process, containing concentrated salts), industrial wastes (wastewater generated by industry), cheese factory wastes and domestic wastewater (wastewater from private residences). The CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 3 SARI carries wastewater from the upstream areas of the Santa Ana River Basin to the OCSD Wastewater Treatment Plant No. 1 in Fountain Valley, which is then diverted to Treatment Plant No. 2 in Huntington Beach, and then to the OCSD outfall. The SARI is a vital element in the improvement and protection of water quality within the Santa Ana River watershed. The SARI currently has the capacity to carry as much as 42 million gallons per day (mgd) of wastewater to OCSD Treatment Plant No. 1. The SARI, including its sub-branches, has a total length of 97 miles. It covers a distance of approximately 23 miles as it runs through the Santa Ana River Floodplain from Prado Dam to the wastewater treatment plant. There are contracts between OCSD and SAWPA to provide for transportation and treatment of salt-laden wastewaters (wastewater with a higher concentration of salts) out of the upper basin. The segment of the SARI from Prado Dam to Weir Canyon Road travels through Riverside County and Orange County, and through a small portion of San Bernardino County. The segment of the SARI within the project area, from Prado Dam to Weir Canyon Road, for the most part lies beneath or adjoining the Santa Ana River, in Orange and Riverside Counties. This segment of SARI was constructed of reinforced concrete pipe (RCP) and vitrified clay pipe (VCP) with diameters ranging from 39 inches to 51 inches. Concrete encasement of the pipe exists at 10 locations where the SARI crosses the Santa Ana River low flow channel bottom. To avoid damage to the pipeline from riverbed scouring, the SARI was originally buried 15 to 25 feet below the then existing riverbed elevation and encased in concrete at points where it crossed the river low flow channel depth. Over the years, river erosion and sediment deposition has caused the depths of the riverbed to significantly change. Bifurcation and meandering of the river pathway, flooding, and entrapment of sediment by the Prado Dam have all contributed to the reduction of the protective soil layer above the SARI to a point far below design criteria. Cause for serious concern arose in 1998 after releases from Prado Dam during the severe El Niño winter storms. After the storms, the OCSD conducted a field survey to determine the condition of the SARI pipe and manholes. Minimum coverage to protect the pipeline is 12 feet. Survey results showed that the estimated cover over the pipe was as little as 3 feet. The survey identified 20 locations where the pipeline and manholes could potentially be completely uncovered or left with insufficient cover (Brown and Caldwell 2002). OCSD’s ongoing monitoring of the situation has discovered: ▪ 6 to 8 feet of loss in average riverbed elevation due to entrapment of sediment in the Prado Dam Reservoir (OCSD in 1998, 2001, and 2003). ▪ 3 to 8 feet of scour around manholes due to releases from Prado Dam (Holmes and Narver 2000). ▪ Remaining depth of cover at several pipe crossing locations is between 5 and 6 feet (Brown and Caldwell 2002). As an interim safety precaution, OCSD automated and added closed circuit television monitoring to the control gate structure on the SARI. The control gate automation project, undertaken in June 1998, allows visual monitoring and remote emergency shutoff capability in the event of upstream pipeline or manhole failure. The control gate structure is located adjacent to the intersection of SAVI Ranch Parkway and Eastpark Drive in the City of Yorba Linda. The monitoring facilities associated with the gate are in an above-ground fenced access area. If the SARI ruptured due to releases from Prado Dam during a major flood event, the gate would prevent storm flows and debris from entering the SARI downstream of the gate structure. This was designed to prevent damage to the downstream pipeline and to the treatment plant at the end of the pipeline. The gate is located downstream of where the rupture to the SARI could occur, so if the SARI were ruptured, the gate would not prevent wastewater from entering the Santa Ana River channel. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 4 After the 2003 OCSD annual sediment survey was conducted, the SARI was found to be uncovered and exposed to possible debris impact in one location by controlled releases of up to 10,000 cfs from Prado Dam. These exposures have been repaired by emergency actions. The findings of the 2004 annual topographic survey conducted by OCSD triggered an emergency action to construct temporary protection of the SARI at two locations of immediate concern. The survey showed that at two locations along the SARI, only one foot of protective soil cover remained over the pipeline at the low flow channel crossings. A grade stabilizer was constructed across the northerly fork of the Santa Ana River, where erosion was the most severe. An additional grade stabilizer and bank armoring were constructed close to the northerly bank of the Santa Ana River. There are several other areas where repairs were required. In one area, the pipeline was completely exposed, and in two other areas, between seven and twenty-four inches of soil cover remained. Emergency repairs at these locations safeguard the SARI pipeline temporarily. These repairs became necessary due to controlled releases from Prado Dam of less than 10,000 cfs, indicating that operation of the SARP would require the realignment or protection of the SARI. 1.4 Legal Effect of Findings For all purposes of CEQA findings, including these CEQA Findings, Facts in Support of Findings and Statement of Overriding Considerations for Final SEIS/EIR for Santa Ana River Mainstem Project, the administrative record of all County proceedings and decisions regarding the environmental analysis of the proposed project shall include the following: ▪ The Draft and Final FSEIS/EIR for the project together with all appendices and technical reports whether bound together or not. ▪ All reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the County, the USACE, planning or environmental consultant, project applicant, or others as presented to or before the decision makers. ▪ All letters, reports or other documents submitted by members of the public or public agencies in connection with the environmental analysis of the proposed project. ▪ All minutes of any public workshops, meetings, or hearings, including the scoping sessions and any recorded or verbatim transcripts or videotapes thereof. ▪ Any letters, reports or other documents or other evidence submitted into the record at any public workshops, meetings, or hearings. ▪ Matters of common general knowledge to the County, which they may consider including applicable State or local laws, ordinances and policies, or applicable general plans and planning programs or policies of the County. The Board of Supervisors has reviewed the proposed FSEIS/EIR prepared to evaluate the project and has considered the public record on the proposed project as described previously. These findings summarize the data and conclusions contained in the FSEIS/EIR, the various responses to comments, and the administrative record. The FSEIS/EIR, the various responses to comments and the administrative record are incorporated into these findings as if set forth in full. Consistent with the requirements of the CEQA Guidelines, the FSEIS/EIR for the project discusses environmental effects in proportion to their severity and probability of occurrence. To that end, the FSEIS/EIR recognizes that certain areas of impact from the project are unlikely to occur, or if potentially CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 5 occurring can be mitigated to a level of insignificance by impositions by standard conditions associated with the project. The FSEIS/EIR describes the potentially significant direct and cumulative impacts of the proposed project. These findings describe the reasoning behind the findings that certain aspects of the project will not result in significant direct or cumulative impacts. For the reasons described in FSEIS/EIR, the project will not result in direct significant environmental impacts that could not be avoided or substantially lessened. These findings, with support from the applicable analysis contained in the FSEIS/EIR address the areas of significant environmental impacts, which could not be avoided or substantially lessened. These findings, with support from the applicable analysis contained in the FSEIS/EIR, describe the reasoning supporting the finding that other direct and cumulative impacts of the project will be mitigated to insignificance. These findings describe the reasoning behind rejection of certain of the alternatives and contain a Statement of Overriding Considerations for the project. Theses findings merely summarize data in the FSEIS/EIR administrative record for purposes of identifying the significant impacts and mitigation measures for the project. The FSEIS/EIR with all referenced contents is incorporated into these findings as substantial evidence therefore, as set forth fully in the findings. To the extent these findings determine that proposed mitigation measures identified in the FSEIS/EIR are feasible and have not been modified, superseded, or withdrawn, the County binds itself, and any other responsible parties, to the implementation of those measures. The findings, then, are not merely informational or advisory, but constitute binding conditions that will take effect when the Board of Supervisors adopts the resolution(s) approving the project, certifying the FSEIS/EIR and adopting the Mitigation Monitoring and Reporting Program (“MMRP”). 1.5 Mitigation Monitoring and Reporting Program As required by Public Resources Code Section §21081.6, the Board of Supervisors, in adopting these findings, also adopts the project MMRP. The MMRP is designed to ensure that, during project implementation, the County, and any other responsible parties, will comply with the adopted mitigation measures summarized below. 2.0 DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL The FSEIR/EIR analyzed five (5) alternatives for the Orange County Relocation/Realignment, including No Action (OC 1), Orange County Relocate to the North (OC 2), Orange County Relocate to the South – Deep Alternative (OC 3A), Orange County Relocate to the South – Shallow Alternative (OC 3B), and Orange County Relocate to the South and to the North (OC 4). The following describes the preferred alternative (i.e., OC 3B) among the five project alternatives. The other alternatives are described in Section 8.0 of this Findings document. 2.1 Project Location The SARI project area begins immediately downstream of Prado Dam and extends downstream to Weir Canyon Road. It parallels a 6.88-mile section of the Santa Ana River, calculated in river miles. The Orange County portion of the SARI project area runs from the Riverside/Orange County Line to Weir Canyon Road in the City of Anaheim. This portion of the Santa Ana River Floodplain, within Santa Ana Canyon, is bounded on the north by both La Palma Avenue, the Burlington Northern Santa Fe (BNSF) railroad and Golf Course Road and on the south by both the Riverside Freeway (SR 91) and the Santa Ana Valley Irrigation District (SAVI) Ranch development. The immediate project area is outside of San Bernardino County, although one haul route goes through San Bernardino County. Within the project area, the SARI runs underneath or adjacent to the Santa Ana River. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 6 2.2 Project Description In Alternative OC 3B, the existing SARI between the control gate structure east of the SAVI Ranch development and approximately 575 feet downstream of the eastern extent of Orange County (see Figure 3.4-4 in the SEIS/EIR) would be replaced. The new pipeline would be constructed on the southern edge of the floodplain. Alternative OC 3B would consist of construction methods that include conventional tunneling, conventional pipe jacking, open cut trenching and conventional tunneling incorporating a siphon. The downstream extent of the project would begin at the eastern part of the SAVI Ranch. The alignment would follow the existing maintenance road that follows the eastern edge of SAVI ranch and the toe of SR 91. Open cut trenching would be used to construct this portion of the alignment until the end of the maintenance road. Open cut trenching would continue east into Featherly Regional Park, being constructed around the existing bathroom facilities. Conventional pipe jacking would be used to construct the alignment underneath existing driveways within Featherly Regional Park as well as Gypsum Canyon Road. Conventional pipe jacking would continue to the existing bike trail on the east side of Gypsum Canyon Road. Open cut trenching would then resume upstream along the bike trail until the downstream extent of the State Park Property. At this point conventional tunneling would be used along the bike trail until the upstream extent of the State Park Property. Conventional Tunneling incorporating a siphon would be used to cross to the north side of the river channel. At this point open cut trenching would continue to the northeast to the existing SARI. In this alternative, a grade stabilizer provides additional protection of the SARI. The grade stabilizer will be constructed downstream of the relocated SARI where it crosses the floodplain through Green River Golf Course. The grade stabilizer extends from the north bank, across the golf course, up to the siphon. Due to the 25-foot depth of the siphon at the river crossing, a grade stabilizer is not required to protect the siphon. The grade stabilizer will be below grade to protect against a severe flood event that scoured to the 10 to 20 foot depth of the SARI at that location. The grade stabilizer will be constructed by digging a 5-to 15-foot trench, and then driving sheet pile another 20 feet below the trench. The top of the sheet pile will be approximately five-feet higher than the SARI, with the intent of protecting the line should extreme scouring occur. After a storm event of this magnitude took place, major emergency repairs would be required to restore the grade to design elevations. The grade stabilizer will be approximately 2,300 feet long across the width of the floodplain, below grade. The wastewater flows from Yorba Linda would be conveyed to the SARI via a new pipeline on the north side of the river, the Yorba Linda extension, running from the control gate structure east of the SAVI Ranch development, crossing the river and then running east along the north side of the river, outside the floodplain. The new pipeline would be constructed using conventional tunneling using a double barrel siphon under the floodplain and then continuing east with open cut trenching. The new pipeline would be constructed either under Las Palma Avenue or under the bike path. The existing SARI would be abandoned in place. The existing SARI would be mechanically collapsed in place with an impact hammer from the inside, reducing the concrete to pieces no larger than 24 inches in diameter. The manhole covers and cones will be removed, the base of the manholes will be punctured and filled with sand and left in place. 2.3 Project Purpose and Need/Objective Erosion and sediment deposition along the Santa Ana River has caused the depth of the riverbed to change significantly. In many locations, the protective soil layer above the SARI has been reduced far below design safety limits due to releases from Prado Dam of less than 10,000 cfs. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 7 The situation has become more pressing with the upcoming project that will raise the height of Prado Dam, which will allow an increase in controlled flood flows releases of volumes up to 30,000 cfs. The main flood risk management facility for the Lower Santa Ana River Floodplain is Prado Dam. As part of the SARP to provide greater flood risk management to the growing communities within the counties of Orange, Riverside, and San Bernardino, the Corps is raising the height of Prado Dam by approximately 30 feet. Further erosion from flooding caused by controlled gated releases or uncontrolled spillway releases currently threaten the integrity of the existing SARI, and the risk will greatly increase with larger releases. Due to the current levels of erosion and the planned increased flows from Prado Dam, it is now essential to either protect in place or relocate the SARI, to reduce the risk of the failure of the pipeline. Failure of the pipeline could cause three main problems: 1) discharge of contents of the SARI into the Santa Ana River, 2) sediment influx into the SARI and delivery of the sediment, including large lithic debris (rocks) to OCSD Plant No. 1 with the potential to plug facilities and shut down or seriously diminish the capacity of the treatment plant, and 3) pressurization of the SARI downstream of the break, causing effluent to escape from manholes that are below the hydraulic grade line/gradient of the flooding river. The discharge of the SARI into the Santa Ana River would release wastewater containing pathogens and pollutants that would seriously impact water quality and create hazards for public health and for the fish and wildlife species in the immediate vicinity. In addition to the immediate pollution of the Santa Ana River, a break in the SARI could further pollute the coastal waters and beaches of Huntington Beach and Newport Beach situated at the mouth of the river. The temporary shut-down of the desalters would also impact the regional drinking water supply program. The failure of the SARI would cause loss of sewage service to the City of Yorba Linda and parts of the Inland Empire and could cause significant environmental degradation to surrounding habitat over a wide area. Multiple public agencies and private entities would incur significant economic impacts. The objective below is the underlying purpose of the proposed project per CEQA Guidelines Section 15124Ib). ▪ To modify the particularly vulnerable segment of the SARI between Prado Dam and Weir Canyon Road, to allow the operation of the SARP, specifically for releases from Prado Dam of up to 30,000 cfs. The need for the action is that the SARI is unable to withstand flows of up to 30,000 cfs. 3.0 SIGNFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 3.1 Air Quality 3.1.1 Significant Effects Implementation of Alternative OC 3B will result in potentially significant unavoidable air quality impacts, even after implementation of feasible mitigation measures. The emissions for NOx, VOC, PM 10, and PM2.5 will remain above the SCAQMD daily significance threshold values. Therefore, the daily emissions from this alternative would cause significant and unavoidable impacts. 3.1.2 Findings The Board of Supervisors adopts Findings 1 and 3: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 8 ▪ Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. 3.1.3 Facts in Support of Findings The following facts or mitigation measures indicate that the identified significant effects of the project will be reduced or avoided to the extent feasible. Although changes and alterations were incorporated into the design of the project, and mitigation measures have been adopted and included as part of the project to substantially avoid or mitigate significant environmental effects, the air quality impacts related to NOx, VOC, PM 10, and PM2.5 remain significant an unmitigable. Pursuant to Section 15091(a)(3) of the State CEQA Guidelines, three are no feasible measures that would mitigate the impacts to below a level of significance. As described in the Statement of Overriding Considerations, however, the Board of Supervisors has determined that the significant effects are acceptable because of the specified overriding economic, legal, social, technological, and other considerations. The following air quality mitigation measures are adopted and incorporated as part of the project. AQ-1 Develop and Implement a Fugitive Dust Emission Control Plan. The project developer shall develop and implement a Fugitive Dust Emission Control Plan (FDECP) for construction work. Measures to be incorporated into the plan shall include, but are not limited to the following: ▪ Water the unpaved road access and other disturbed areas of the active construction sites at least three times per day, or apply CARB certified soil binders. ▪ Enclose, or cover, or water three times daily, or apply non-toxic soil binders according to manufacturer’s specifications to exposed soil piles with a five percent or greater silt content. ▪ Install rumble plates and wheel washers/cleaners or wash the wheels/exteriors of trucks and other heavy equipment where vehicles exit the site or unpaved access roads and sweep paved streets daily with water sweepers if visible soil material from the construction sites or unpaved access roads are carried onto paved streets. The sweeping/cleaning of paved roads will be performed as necessary to clean trackout and haul truck spillage up to the freeway on/offramps along the access/egress routes to/from the site. ▪ Establish a vegetative ground cover or allow natural revegetation to occur on temporarily disturbed areas following the completion of construction (in compliance with biological resources impact mitigation measures), or otherwise create stabilized surfaces on all unpaved areas at each of the construction sites within 21 days after active construction operations have ceased. ▪ Increase the frequency of watering, or implement other additional fugitive dust mitigation measures, to all disturbed fugitive dust emission sources when wind speeds (as instantaneous wind gusts) exceed 25 miles per hour (mph). ▪ Travel route planning shall be completed to identify required travel routes to minimize unpaved road travel to each construction site to the extent feasible. ▪ All mitigation measures incorporated into the fugitive dust plan will be as stringent as or more stringent than the Best Available Control Measures (BACM) required by SCAQMD Rule 403. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 9 AQ-2 Restrict engine idling. Diesel engine idle time shall be restricted to no more than 10 minutes duration. This is not required for trucks that require engines to be on while waiting onsite, such as concrete trucks. AQ-3 Use lower emitting off-road diesel-fueled equipment. All off-road construction diesel engines not registered under CARB’s Statewide Portable Equipment Registration Program, which have a rating of 50 horsepower (hp) or more, shall meet, at a minimum, the Tier 2 California Emission Standards for Off-Road Compression-Ignition Engines as specified in California Code of Reg- ulations, Title 13, section 2423(b) (1) unless that such engine is not available for a particular item of equipment. In the event a Tier 2 engine is not available for any off-road engine larger than 100 hp, that engine shall be equipped with a Tier 1 engine. In the event a Tier 1 engine is not available for any off-road engine larger than 100 hp, that engine shall be equipped with a catalyzed diesel particulate filter (soot filter), unless certified by engine manufacturers that the use of such devices is not practical for specific engine types. Equipment properly registered under and in compliance with CARB’s Statewide Portable Equipment Registration Program is considered to comply with this mitigation measure. This measure does not apply to construction equipment that are active at the site for less than two weeks total duration and specific exceptions to these requirements may be allowed on a case by case basis in the determination of extreme financial difficulty for subcontractors that are using specialized self-owned construction equipment. AQ-4 Use on-road vehicles that meet California on-road standards. All on-road construction vehicles working at the site for more than two weeks shall meet all applicable California on-road emission standards. This does not apply to construction worker personal vehicles. AQ-5 Use lower emitting off-road gasoline-fueled construction equipment. All off-road stationary and portable gasoline powered construction equipment shall have EPA Phase 1/Phase 2 compliant engines, where the specific engine requirement shall be based on the new engine standard in effect two years prior to the initiating project construction. AQ-6 Schedule deliveries outside of peak hours. All material deliveries to the project site shall be scheduled to occur outside of peak “rush hour” traffic hours (7:00 to 10:00 a.m. and 4:00 to 7:00 p.m.) to the extent feasible, and other truck trips during peak traffic hours shall be minimized to the extent feasible. AQ-7 Compliance with conditions AQ-1 through AQ-6 shall be monitored by a compliance monitor(s) employed by the project sponsor or through a third party contract required for the prime construction contractor. The compliance monitor(s) shall be stationed as a full-time employee(s) at the construction site, but may have duties other than monitoring compliance with these conditions. Records of compliance with these conditions shall be kept available on-site if a construction office is maintained on-site or otherwise made available upon request of the Corps or the project sponsor. 4.0 EFFECTS DETERMINED TO BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE 4.1 Earth Resources 4.1.1 Significant Effects Due to the variability in the hardness/softness of the Topanga Formation, excavation may be difficult and pose issues related to the sinking of shafts. These potential effects include those on time and cost efficiency. In addition, pipeline materials could be susceptible to earthquake damage and/or corrosion caused by the underlying soils. There will also be some degree of vulnerability of the realigned SARI and Yorba Linda lines due to the river crossings of the lines. As a result, there is a potential for greater risk of future damage from erosion and damage from storm flows to a line that crosses under the river. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 10 CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 11 4.1.2. Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.1.3 Facts in Support of the Findings The potentially significant earth resources impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. ER-1 Minimize exposed soil surfaces in area and in time. ER-2 Prohibit clearing and grading activities until a firm construction schedule is known. ER-3 Stabilize construction site soils with erosion control measures, such as silt fences, matting, etc. ER-4 Estimate the quantity of dewatering that will be required along the pipeline alignment. The local sponsor shall conduct any required dewatering in a manner that will protect the stability and integrity of existing and proposed structures through implementation of one or more of the following measures: ▪ Photo documentation of existing conditions and floor level surveys of the adjacent structures; ▪ During construction, monitor the shoring system and adjacent existing improvements for movement; ▪ Monitoring systems shall include survey points for reference, tilt meters, strain gauges, and inclinometers; ▪ If possible, installation of monitoring wells outside of the excavation to monitor groundwater levels, and/or, ▪ Evaluate existing structures in the vicinity of planned excavations with regard to foundation type and dewatering-induced potential for settlement. The local sponsor shall implement this mitigation through development of a pre-construction survey of the surrounding structures. The survey shall provide design criteria for the dewatering system for a chosen site so that one or more of the above engineering methods can be developed. ER-5 Public safety and worker safety shall be issues where open cut trenching is done, where shafts are excavated, and where tunneling is undertaken. Construction plans shall include adequate precautionary measures to prevent trench wall to collapse, to prevent shaft wall collapse, to prevent tunnel collapse, to prevent collapse, subsidence, and misalignment of surface transportation lines (railroad and highway), and to prevent “frac-outs” during microtunneling. Frac- outs are loss of pressurized tunneling fluids and their subsequent blow-out at the surface. ER-6 After construction, all areas disturbed by construction shall be reseeded or replanted with native species and the vegetation shall be maintained until established, for at least a one-year establishment period. Areas with native vegetation are addressed further in BR-14, BR-15 and BR-16. Areas with mature trees are addressed further in R-4. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 12 4.2 Water Quality 4.2.1 Significant Effects Implementation of Alternative OC 3B would entail excavation to depths of 17 to 48 feet, which could result in sedimentation and turbidity impacts during construction. However, the proposed project would not contribution to any long-term water quality impacts. 4.2.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.2.3 Facts in Support of the Findings The potentially significant water quality impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. WQ-1 A dewatering permit shall be required if the installation and maintenance of the project feature extends into the groundwater table. WQ-2 The construction contractor shall obtain a National Pollution Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Runoff Associated with Construction Activity (General Construction Permit, which involves preparing a Storm Water Pollution Prevention Plan (SWPPP) for all construction phases of the project, as is required by the Santa Ana Regional Water Quality Control Board (SARWQCB) WQ-3 The construction contractor shall prepare a pollution prevention plan to reduce the potential for accidental release of fuels, pesticides, and other materials. This plan will include the designation of refueling locations, emergency response procedures, and definition of reporting requirements for any spill that occurs. Equipment for immediate cleanup will be kept at the staging area for immediate use. WQ-4 Construction contractors shall implement Best Management Practices (BMPs) to prevent erosion and sedimentation to avoid significant adverse impacts to surface water quality. These shall be incorporated into a Storm Water Pollution Protection Plan (SWPPP). The objectives of the SWPPP are to identify pollutant sources (such as sediment) that may affect the quality of storm water discharge and to implement BMPs to reduce pollutants in a practical and effective manner on the project site which, when applied, prevent or minimize the potential release of contaminants into surface waters and groundwater. BMPs have been established by the Santa Ana Regional Water Quality Control Board (SARWQCB) in the California Storm Water BMP Handbook for Construction (California Storm Water Quality Association (CASQA), 2003), and are recognized as effective in reducing degradation of surface waters. WQ-5 Prior to initiating activities within Waters of the United States, including jurisdictional wetlands, the Local Sponsor will obtain approved 401 Water Quality Certification from the Regional Board, 1602 Streambed Alteration Agreement from CDFG, and 404 Permit from USACE. Vehicle maintenance and fueling will be restricted from areas within 50 feet of the bank of a jurisdictional area. Following construction within a jurisdictional area, the affected area will be returned to pre- construction grade. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 13 WQ-6 The contractor shall follow the requirements for monitoring, and as necessary, treating, any discharge to surface waters, required by applicable Regional Board NPDES permits, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De MinimIs) Threat to Water Quality. 4.3 Biological Resources 4.3.1 Significant Effects Direct impacts would occur primarily within the project footprint identified for Alternative OC 3B. These potential impacts include vegetation removal or degradation; removal of seed bank; soil excavation or compaction; diversion of or siltation into active stream channels; loss or displacement of wildlife species due to increase vehicle traffic, human activity, lighting or noise; and increased dust and emissions that would affect the health of adjacent plants and animals. Specifically, project implementation would result in the permanent loss of less than 0.06 acre of riparian or riparian scrub habitat, less than 0.01 acre of upland, and 0.14 acre of arundo. Temporary impacts include 0.34 acres of riparian forest, 2.26 acres of riparian scrub, 0.41 acre of upland, 4.84 acres of coastal sage scrub, 8.75 acres of developed landscape, and 0.49 acre of arundo. Temporary construction impacts from site erosion and runoff, dust, emissions, and groundwater discharge would also occur. In addition, implementation of Alternative OC 3B would also encroach into the Coal Canyon wildlife corridor. Impacts to endangered and sensitive species including those to the following: least Bell’s vireo and southwestern willow flycatcher, and the California gnatcatcher. 4.3.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.3.3 Facts in Support of the Findings The potentially significant biological resources impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. BR-1 During the detailed design and construction phases of the project, the Corps or project sponsors shall continue to minimize impacts to native vegetation and wildlife habitat whenever possible. This includes shifting footprints or alignments where necessary and possible. BR-2 The Corps or project sponsors shall assign qualified biologists to monitor the vicinity of active construction sites for raptors, California gnatcatcher, least Bell’s vireo, southwestern willow flycatcher, and other sensitive species. Monitoring shall continue during the life of the construction. The focus of monitoring is to identify the presence or absence of these species within the area of potential effects, to determine whether additional avoidance measures should be implemented, and to confirm project compliance with permit requirements. Monitoring would not normally consist of species specific protocol surveys. Coordination with the Santa Ana Watershed Association’s ongoing species surveys will occur throughout the construction project, to ensure maximum information exchange. BR-3 The Corps or project sponsors shall retain a qualified on-site biologist(s) to review grading plans; monitor all grading, excavation, and other ground disturbing activities in the streambed and associated riparian habitat; and monitor all aspects of construction monitoring that pertain to biological resource protection. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 14 BR-4 Construction shall occur only during daylight hours, if possible, to minimize disturbances to wildlife species that move primarily at night. (Tunneling operations will, at times, need to continue night and day.) In particular, whenever possible, above-ground operations (including use of access pits, equipment and vehicles) in the vicinity of the Coal Canyon underpass (wildlife corridor) shall not begin until 0700 hours and shall be completed before dusk of each day. The only exception shall be for an activity that must continue non-stop until it is completed for physical or engineering reasons. BR-5 During construction, all equipment maintenance, lighting, and staging shall be located in designated areas, and to the extent possible directed away from ecologically sensitive areas and wildlife corridors. BR-6 Excavation and trenching activities in areas of known wildlife movement shall include measures to prevent entrapment and injury to wildlife. For instance, steep-sided trenches may either be backfilled at the end of each work day, fenced, or include “escape ramps” for wildlife. BR-7 Unpaved areas shall be watered as needed (or other measures implemented) to control dust on a continual basis. BR-8 To reduce fire hazards, a water truck shall always be present during construction activities. Construction activities shall comply with accepted, standard fire prevention and protection practices. The contractor shall be required to prepare a fire prevention and protection plan for the construction project. BR-9 Speed limits of 25 miles per hour (mph) or less shall be required at all times to avoid potential injury to wildlife in the area. BR-10 Wherever possible, construction personnel shall utilize existing access roads or previously disturbed areas to reach the project area or stage their vehicles and equipment. BR-11 Prior to removal of floodplain vegetation, the routes in and out of the project area shall be flagged to minimize impacts of crushing or removing native vegetation within the area. The perimeter of the work site shall be adequately flagged and/or fenced to prevent damage to adjacent habitat. All this work shall be supervised by an on-site, qualified biologist. BR-12 The construction contractor shall keep grading activities associated with project construction to a minimum and existing root systems shall be left intact to the extent possible. BR-13 During construction, the Corps or project sponsors shall monitor riparian vegetation adjacent to dewatering areas. Supplemental water (or diversion of excess water) shall be provided as necessary to avoid water stress. BR-14 The Corps or project sponsors shall successfully restore each acre of riparian vegetation that is temporarily disturbed during construction-related activities and shall keep all temporarily disturbed areas free of exotic plants until riparian vegetation is re-established. If the site has not begun to recover within 5 years (i.e., 50 percent of the disturbed areas are not vegetated with young riparian vegetation), then the site shall be reseeded or replanted with cuttings from native riparian species. BR-15 The Corps or project sponsors shall maintain non-riparian areas that are temporarily disturbed or destroyed free of exotic plants for 8 years. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 15 BR-16 Based on requirements established for the Corps’ SARP (Prado Dam and Vicinity Project), the Corps or project sponsors shall use one of the following options in Table 5.3-3 in the FSEIS/EIR, or a combination thereof, to mitigate for each acre of riparian and non-riparian wetland habitat (excluding perennial stream) that is permanently destroyed or isolated from the floodplain during construction related activities, and to mitigate for each acre of riparian vegetation that is temporarily impacted by construction activities. BR-17 Beginning 30 days prior to the disturbance of suitable nesting habitat, weekly surveys shall be conducted within 500 feet of the project area to detect the presence of California Fully Protected Species (including the white-tailed kite and golden eagle) and other protected native birds. If construction is scheduled to occur during raptor breeding season (February 1 through August 31), surveys shall continue within 500 feet and/or 1,000 feet in areas adjacent to excessively noisy construction (e.g. steel sheet-pile insertion). Survey results shall be submitted to CDFG prior to ground disturbance. CDFG shall be notified of any fully protected species observed within or adjacent to the project area at any time. A biological monitor shall be present during vegetation removal activities to ensure that impacts to Fully Protected Species are avoided. BR-18 The biological monitors shall continue to assess the potential for sensitive species to occur within the construction footprint, throughout the construction period. If necessary, construction shall be halted within the area of concern to allow an animal (federally or state listed (or proposed) threatened or endangered species, or CSC) to move out of harms way. If necessary and practicable, the biological monitor or other competent handler may capture and relocate the individual. (Handling of federally listed species requires a permit from the USFWS.) BR-19 Surveys shall be conducted by a qualified biologist or botanist prior to construction within areas potentially occupied by the Matilija poppy. If present, this species shall be flagged and avoided. If avoidance is not possible, the Corps or project sponsors shall coordinate with CDFG prior to construction to identify and implement potential relocation or seed collection options. BR-20 Construction personnel shall be trained on the occurrence of threatened and endangered species within the area and shall be advised of the potential impacts to listed species and potential penalties for taking a threatened or endangered species. BR-21 Removal of riparian habitat shall take place from August 16 through February 28 (inclusive), outside of the breeding bird season, to minimize impacts to least Bell’s vireo and other migratory birds (including disturbances which would cause abandonment of active nests containing eggs and/or young). Removal of potentially occupied gnatcatcher habitat shall occur from August 16 through February 14. However, if vegetation removal needs to occur during the breeding season, the Corps or project sponsors shall have a qualified biologist survey vegetation for nesting birds (all species) to determine if any active nests are present. Surveys shall be conducted once a week for eight consecutive weeks, at the appropriate times of day during the breeding season, and surveys shall end no more than three days prior to clearing. Documentation of surveys and findings shall be submitted to the USFWS and the CDFG for review and concurrence prior to conducting project activities. All active nests shall be avoided and provided a minimum buffer of 300 feet for non-raptor species and 500 feet for raptors. The nest shall not be disturbed until the young have fledged and the nest becomes inactive. BR-22 If an active raptor nest is located within 500 feet of the construction area after construction has begun, CDFG shall be immediately notified and consulted in development of an appropriate plan of action. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 16 BR-23 Noise Measurements and Control during Vireo/Gnatcatcher breeding season: ▪ Weekly surveys for the vireo and gnatcatcher shall be conducted by a qualified biologist in areas of suitable habitat, from February 15 to September 1 (or until all juveniles hav e fledged), within 500 feet of the active construction area(s). The purpose of the surveys will be to identify the limits of occupied habitat and breeding status of individuals. (Coordination with SAWA or other qualified surveyors may satisfy this requirement, as long as the entire area of concern is fully surveyed throughout the breeding season.) ▪ Protocol surveys shall be conducted for gnatcatcher prior to vegetation removal, in suitable habitat within 500 feet of the active construction area(s). If gnatcatchers are identified within this survey area, this information shall be provided to the USFWS. If active nest sites are within or immediately adjacent to the work area, additional coordination and/or consultation may be required to avoid an unauthorized take. ▪ No construction-related activities that generate significant noise impacts will occur within 165 feet of occupied vireo or gnatcatcher habitat during the breeding season (February 15 to September 1). Significant noise impacts are defined as greater than 60 dBA Leq hourly (or greater than ambient levels in areas where pre-construction ambient noise exceeds 60 dBA Leq hourly). ▪ To ensure that significant noise impacts do not occur within occupied gnatcatcher or vireo habitat a noise monitoring program will be instituted. Noise monitoring will be conducted at the boundary of occupied habitat that is closest to the construction area by a qualified biologist and/or noise monitor, at least one day per week during normal construction hours, throughout the gnatcatcher and vireo breeding season. Monitoring will be conducted at a minimum from February 15 through July 31, and shall be extended if necessary until all juvenile gnatcatchers and vireos have fledged. Construction staff will not be notified when noise monitoring will occur to ensure accurate measurements during normal construction activities. Noise measurements will be averaged and recorded hourly from the hours of 7:00 a.m. to 2:00 p.m. (normal construction hours), or until all heavy equipment operation has ended for the day. ▪ If there is a need to conduct construction activities closer than 165 feet from occupied vireo and gnatcatcher habitat during the breeding season and those activities have the potential to generate significant noise levels (as defined above), construction activities shall either be modified (i.e., backup alarms turned off, mufflers installed, activities shifted to other areas until the adjacent habitat is no longer occupied, etc.), or shielded (i.e., sound walls constructed) to ensure that noise levels in the occupied habitat do not exceed the significance threshold. ▪ A qualified biologist will monitor construction activities and will work with the Corps’ or local sponsor’s contracting authority to immediately stop or redirect activities if it is determined that the action is resulting in disruption of nesting behavior of vireos or gnatcatchers on the site. Disruption may include but is not limited to, flushing from nest sites and dispersal from a territory during the nesting season. ▪ The qualified biologist will provide, on a weekly basis to the Fish and Wildlife Service (Carlsbad Office), a summary (including photos) of project activities completed during the breeding season, the location of any gnatcatchers or vireos within 500 feet of the construction area, and the results of the noise monitoring program. BR-24 The construction contractor shall be required to monitor water quality throughout the construction period. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 17 BR-25 Construction equipment and activities shall not be allowed to enter or cross flowing streams (except as required for authorized stream diversions). BR-26 Implementation of the project shall not result in discharges that increase turbidity in the receiving waters. BR-27 During construction, the construction contractor shall implement measures to control sedimentation; these include recontouring, sandbagging, the development of stilling basins, and other appropriate erosion control measures developed on a site-specific basis. If applicable, the construction contractor shall prepare and comply with a Storm Water Pollution Protection Plan, comply with all NPDES construction and dewatering permit requirements and file any required Notices of Intent with the State Water Resources Control Board and/or the Regional Water Quality Control Board. BR-28 Water containing mud, silt or other pollutants from tunneling, aggregate washing or other activities shall not be allowed to enter the flowing stream or placed in locations that may be subjected to high storm flows. BR-29 If inadvertent releases occur from water or mud escaping through the ground surface during tunneling, operations in the area shall be immediately halted and controls put in place to capture and direct the flow away from the river bed. In addition, the following measures shall be implemented: ▪ Prior to construction, the contractor shall perform, or review, preliminary geotechnical investigations to determine the most appropriate drilling equipment, methodologies and techniques, based on the type of material that they would expect to encounter. ▪ Prior to construction, the contractor shall prepare a plan of action for preventing, minimizing, or mitigating inadvertent releases. ▪ If necessary (depending on the type and location of tunneling methods used), the contractor shall ensure that containment equipment (i.e., vacuum trucks or pumps) are on site, or readily available, to address large-scale leaks. ▪ The environmental monitor shall be consulted to determine the most appropriate actions on a site-specific basis to minimize impacts and restore affected habitats. BR-30 Staging/storage areas for equipment and material shall be located only in designated areas. Equipment and hazardous materials shall be moved outside of potential inundation areas prior to a rain event. BR-31 Spoil sites shall not be located within areas where spoil may be washed into the active stream channel, or where it will cover aquatic or riparian vegetation. BR-32 Groundwater discharges shall be managed to ensure that erosion and excess sedimentation do not occur. The construction contractor shall coordinate with the California Regional Water Quality Control Board to obtain any necessary discharge permits and comply with permit regulations an d requirements. BR-33 Raw cement/concrete or washing thereof, asphalt, paint or other coating materials, oil or other petroleum products, or any other substance which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 18 river bed (outside of authorized staging and work areas). These materials, if placed within or where they may enter the river bed shall be removed immediately. BR-34 No broken concrete, debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement, or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into, or placed where it may be washed by rainfall or runoff into, the river bed. When operations are completed, any excess materials or debris shall be removed from the work area. BR-35 No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Construction equipment shall not be stored or maintained within the river bed, except in authorized staging areas. BR-36 A litter control program shall be implemented during construction to eliminate the accumulation of trash. Trash will be removed to trash receptacles following the close of each workday, and disposed of in a sanitary landfill at the end of each work week. BR-37 After the new pipeline is in place and being utilized, the old pipeline will be flushed and cleaned of any waste or debris that could impact water quality. 4.4 Land Use 4.4.1 Significant Effects Alternative OC 3B proposes realignment of the SAIR to the south of the floodplain. The majority of temporary impacts to land use are located within the Orange County Flood Control District operated floodplain. Easements will be required from several public agencies, the BNSF railroad, and businesses. A specific area of concern is the infringement on the Caltrans SR 91 right-of-way. Implementation of this alternative will require 20 easements from public agencies, including OCFCD, Harbors Beaches and Parks Department, State of California, and the California Department of Parks and Recreation. Other easements include three from transportation agencies, 10 from businesses, and one from the BNSF railroad. 4.4.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.4.3 Facts in Support of the Findings The potentially significant land use impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. LU-1 Notices of Construction will be provided to adjacent home owners, including businesses and places of worship, prior to initiating construction activities. Notices of construction will include a contact and telephone number that will have information about construction activities. LU-2 Coordination will occur with officials of adjacent fire stations, police stations, and hospitals to ensure that emergency access is available. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 19 LU-3 To minimize disruption to adjacent businesses during construction, temporary signage will be provided indicating that businesses are open. 4.5 Recreation 4.5.1 Significant Effects Impacts related to Alternative OC 3B include the temporary closure of the maintenance road that extends along the East side of SAVI Ranch, causing the temporary closures of facilities that are adjacent to construction. The construction activities will also impact a section of the Canyon RV Park but will not necessitate the closure of the entire park during construction. The existing bike path along the toe of SR 91 will also need to be closed temporarily during construction. Impacts will also occur through Green River Golf Course on a temporary basis during construction. Construction impacts for this alternative may also include the temporary close of the bike path that runs along the south side of La Palma Avenue. Temporary impacts include traffic, noise and ground disturbance and partial bike path closures. However, no permanent impacts will occur and recreation facilities would not be degraded, displaced, permanently disrupted or entirely closed temporarily by this alternative. 4.5.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.5.3 Facts in Support of the Findings The potentially significant recreation impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. R-1 For Orange County action Alternatives, traffic along the bicycle path on the south side of La Palma Avenue shall be diverted onto paved, off-road routes in the areas in which construction were taking place. During construction along the bike path at the toe of the SR 91 freeway and the maintenance road along the southeastern edge of SAVI Ranch the paths and trails will be temporarily closed due to the inability to create safe and acceptable detours in this area due to limited space. The Corp along with OCFCD shall work in conjunction with Harbors Beaches and Parks to create bike path detours within the construction areas. This should include the following items: ▪ Creation of paved, off road detour routes within construction areas. ▪ Signing ▪ Application and removal of pavement markings ▪ Construction scheduling ▪ Placement and maintenance of safety devices ▪ Roadway lighting, if necessary ▪ Traffic regulations CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 20 The site will be monitored for evidence of user-created trails as a result of the detour. If evidence is found, security will be provided during daylight hours until the trail is reopened. R-3 For Alternatives OC 3A and OC 3B, mitigation for the temporary impacts to Canyon RV Park within Featherly Regional Park shall include reasonable efforts to coordinate construction activities with the operation to the RV Park in order to minimize impacts. R-4 For all action alternatives, mature trees within the golf course, Featherly Regional Park, Chino Hills State Park and other public areas, if removed or damaged from project construction, shall be replaced. All reasonable efforts shall be made to avoid removing or damaging mature trees. Trees within Featherly Park that cannot be avoided shall be salvaged, if possible. If salvaging is not feasible, tree replacement shall be at a 3:1 ratio. Affected non-native trees shall be replaced with native species. All trees replaced will be monitored for one-year and replaced as necessary. 4.6 Noise and Vibration 4.6.1 Significant Effects Portions of the construction would occur near the RV park and the commercial and residential areas north of La Palma Avenue, but would be short term and would occur during the least noise sensitive hours in accordance with local ordinance requirements. Off-site noise impacts resulting from increased vehicular activity during construction would not result in a significant noise impact to local roadways, and would be short-term in duration. Construction activities will result in exceedences at residential sensitive receptor, R8, and commercial sensitive receptor, R9. 4.6.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.6.3 Facts in Support of the Findings The potentially significant noise and vibration impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. NV-1 Minimize concurrent activities during the open cut trenching task and avoid concentrating the activities at the same location as much as possible. NV-2 Equip all equipment used on the site with effective mufflers that are in good condition and are tuned according to manufacturers’ specifications. NV-3 Locate stationary construction equipment away from sensitive receptors when possible. NV-4 Place portable noise barriers or partial enclosures around the equipment with the openings facing away from the noise-sensitive receptors. These are effective especially for generators, compressors, and pumps that are stationary and operate continuously. Noise reductions up to 10 decibels can be achieved with simple barriers/enclosures constructed of materials such as 1” thick plywood. Another approach that has been used for a number of construction projects is temporary noise barriers constructed of mass-loaded vinyl “curtains” that are held in place by a metal framework. The curtain material is returned to the supplier once the construction project is complete. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 21 NV-5 Use street-level truck enclosures for truck loading and restrict truck engine idling near loading sites. NV-6 Shut off noise-generating equipment and machinery when it is not in use. If shutting off equipment is not possible, run them on the lowest setting. NV-7 Minimize the use of backup alarms. NV-8 Reduce noise from concrete and asphalt removal operations by lining hoppers and truck beds with rubber to minimize the noise of spoils being deposited into hoppers and trucks. NV-9 Routes and times of equipment delivery trucks, water trucks and hauling trucks must be carefully planned to avoid streets along residences when possible. Avoid delivering construction equipment and field supplies on Sundays and after hours during weekdays. NV-10 Submit a noise control plan to the resident engineer and that the plan be approved prior to the start of construction. Features that should be included in the noise control plan are: ▪ List of all major noise generating equipment that will be used on the site for each phase of construction. ▪ Noise predictions at each of the sensitive receptors that were identified in this report for each major phase of the construction. ▪ Locations, heights and materials for noise barriers. ▪ Schedule for installing noise barriers. ▪ Other mitigation measures that will be used. These might include use of temporary noise barriers for stationary equipment, use of low-noise equipment or highly efficient mufflers, and alternative construction methods. NV-11 Barring unforeseen emergencies, equipment maintenance should not be conducted at night. Equipment maintenance would include use of such tools as impact wrenches, cutoff saws, jackhammers, grinders, hammers, drills, etc. NV-12 Ventilation fan noise should be controlled such that the noise from the fan does not exceed 45 dBA during the daytime, and the fan noise should not include audible tonal components. NV-13 Shaft and manhole construction, sound barriers, enclosures, and engine exhaust silencers should be used with compressors, generators, cranes and any other stationary equipment to limit noise to a maximum of 70 dBA at residential boundaries for daytime operations. NV-14 Residents should be advised of the potential to experience vibration from sheet pile operations and tunneling operations, and the fact that buildings can withstand much higher vibration than that which is merely perceptible. NV-15 Coordinate the construction activities with the property owners when construction is performed near the RV Park (sensitive receptor R7) so that patrons of the park camp as far away from the construction activities as possible. NV-16 Temporary Sound Barrier for sensitive receptor R7: A 10-foot high temporary sound barrier will be used at property line of the RV Park (sensitive receptor R7). CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 22 4.7 Transportation and Traffic 4.7.1 Significant Effects Traffic associated with Alternative OC 3B would be impacted during construction on Coal Canyon Road (now closed to public traffic, but assumed available for construction access), Gypsum Canyon Road, and Weir Canyon Road, which are the access points off of SR 91 for this alternative. This could also impact traffic on SR 91 due to increased construction truck traffic. Traffic would also be affected on La Palma Avenue at the points where the Yorba Linda flows would cross the river and along the Yorba Linda extension. The RV facility would also be temporarily impacted due to the traffic moving along Gypsum Canyon Road at Featherly Regional Park. There would also be increased truck traffic through the Green River Golf Club during trenching tunneling at the upstream end, which could impact traffic along Golf Course Road. Traffic impacts during open cut operations would be higher than during tunneling operations. Pedestrians and cyclists would be impacted by construction in the bike path for the duration of construction. During construction, there will be a significant amount of truck traffic hauling material to the site and hauling excess material from the site. 4.7.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.7.3 Facts in Support of the Findings The potentially significant transportation and traffic impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. TT-1 Public streets shall be kept operational during construction, particularly during the morning and evening peak hours of traffic. Lane closures shall be minimized during peak traffic hours. TT-2 Measures to provide an adequate level of access to private properties shall be maintained to allow delivery of emergency services. TT-3 Short-term construction impacts and closures to the bikeway paralleling La Palma Avenue shall be mitigated with detours, signage, flagmen and reconstruction as appropriate. TT-4 Traffic control plans shall be prepared by a qualified professional engineer as required prior to the construction phase of each sewer line project. TT-5 Traffic control plans shall consider the ability of alternative routes to carry additional traffic and will identify the least disruptive hours for access routes to the construction site, and the type and locations of warning sings, lights, and other traffic control devices. Consideration will be given to maintain access to commercial parking lots, private driveway, sidewalks, bikeways, and equestrian trails to the greatest extent possible. TT-6 Encroachment permits for all work within public rights-of-way shall be obtained from each appropriate agency prior to commencement of any construction. Agencies could include Caltrans, OCFCD, and the various city agencies where work will occur. The local sponsor will comply with traffic control requirements, as identified by Caltrans and the affected local jurisdictions. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 23 TT-7 Traffic control plans shall comply with the Work Area Traffic Control Handbook and/or the Manual on Uniform Traffic Control Devices, as determined by each affected local agency, to minimize any traffic and pedestrian hazards that exist during project construction. TT-8 Public roadways shall be restored to their existing condition after project construction is completed. TT-9 The local sponsor shall attempt to schedule construction of relief facilities to occur jointly with other public works project already planned in the affected locations through careful coordination with all local agencies involved. TT-10 Emergency service purveyors shall be contacted and consulted to preclude the creation of unnecessary traffic bottlenecks that will seriously impede response times. Additionally, measures to provide an adequate level of access to private properties shall be maintained to allow delivery of emergency services. TT-11 Orange County Transportation Authority (OCTA) shall be contacted when construction affects roadways that are part of the OCTA bus transit network. Adequate procedures shall be implemented to keep bus routes and stations accessible to users. TT-12 Construction traffic, mainly trucks, shall be routed in a way to minimize impacts related to sensitive neighborhoods. In addition, storage and staging of materials and equipment shall be done after obtaining a Temporary Use Permit, when needed. TT-13 An effort shall be made to solicit input from residents in the neighborhoods of the proposed improvements. These inputs shall be considered in the planning phase through construction to mitigate the resident’s concern. TT-14 For sewer improvements that occur within railroad rights-of-way, the local sponsor shall follow the Southern California Regional Rail Authority (SCRRA) procedures for right-of-way encroachment – SCRRA Form No.36. The procedures for temporary encroachment calls for: (1) the submittal of a written statement on the reason and location of the encroachment; (2) a completed and executed SCRRA Form No. 6, Right-of Entry Agreement; (3) plan check, inspection, and flagging fees; and (4) insurance certificates as described in the Right-of-Entry Agreement. Per SCRRA Form No.6, the local sponsor must comply with the rules and regulations of this agreement at all times when working on SCRRA property, including those outlines in the “Rules and Requirements for Construction at Railway Property, SCRRA Form No.37” and “General Safety Regulations for Construction/Maintenance Activity on Railway Property”. TT-15 Where lane closures are necessary for construction of sewer improvement projects, all construction equipment shall be staged within the closed lanes or in staging areas out of city streets. TT-16 Where lane or road closures are necessary for construction of sewer improvement projects, adequate signage shall be provided informing local residents and business-owners of construction activities prior to commencement of construction activities. TT-17 Where land or road closures are necessary for construction of sewer improvement projects, cones and/or traffic guards shall be employed to clearly indicate the locations and directions of temporarily altered traffic lanes. TT-18 The construction technique for the implementation of the proposed sewer lines, such a s tunneling, cut-and-cover with partial street closure, or cut-and-cover with full street closure, shall include consideration of the ability of the roadway system, both the street in question and CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 24 alternate routes, to carry existing traffic volumes during project construction. If necessary, adjacent parallel streets will be selected as alternate alignments for the proposed sewer improvements. As required by local jurisdictions, trunk sewers will be jacked under select major intersections to avoid traffic disruption and congestion. TT-19 Public streets generally shall be kept operational during construction, particularly in the morning and evening peak hours of traffic. Lane closures shall be minimized during peak traffic hours. TT-20 Where road closures are necessary for construction of sewer improvement projects, signage will be posted informing motorists of road closures and delineating suitable detours both prior to and during the duration of construction activities. Prior to initiating a road closure, coordination shall occur with local jurisdictions, including Caltrans. 4.8 Utilities 4.8.1 Significant Effects The proposed pipeline encroaches on the Caltrans right-of-way for SR 91 for several thousand feet; however, relinquishment is currently under discussion to make room for the proposed SARI alignment. 4.8.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.8.3 Facts in Support of the Findings The potentially significant impacts to utilities described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. U-1 For segments with adverse impacts, the following mitigation measures shall be Implemented: ▪ Utility excavation or encroachment permits shall be received from the appropriate agencies. The Local Sponsor and its contractor shall comply with permit conditions and such conditions shall be included in the contract specifications. ▪ Utility locations shall be verified through field surveys. ▪ Detailed specifications shall be prepared as part of the design process to include procedures for the excavation, support, and fill of areas around utility cables and pipelines. All effected utility services shall be notified of OCFCD construction plans and schedule. Arrangements shall be made with these entities regarding protections, relocation, or temporary disconnection of services. U-2 In order to reduce potential impacts associated with utility conflicts, the following measures shall be implemented in conjunction with those outlined above: ▪ Disconnected cables and pipelines shall be promptly reconnected. ▪ The Local Sponsor shall observe California Department of Health Services (DOHS) standards which require 1) a 10 foot horizontal separation between parallel wastewater CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 25 and water mains and 2) one foot vertical separation between perpendicular wastewater and water line crossings. In the event that the separation requirements cannot be maintained, the Local Sponsor shall obtain DOHS variance through provisions of water encasement, or other means deemed suitable by DOHS, and 3) encasing water mains in protective sleeves where a new wastewater main crosses under or over an existing water main. U-3 The construction contractor shall comply with the Local Sponsor requirements and specifications to protect existing utility lines. U-4 The Local Sponsor shall coordinate with all affected agencies (e.g., The Metropolitan Water District of Southern California, Southern California Edison Company, Southern California Gas Company, Orange County Flood Control District, Orange County Public Facilities Resources Department, etc) to ensure compatibility and joint use feasibility with existing and future projects. 4.9 Public Safety 4.9.1 Significant Effects The potential impacts of the SARI Line would involve trenching within the public rights-of-way. Other construction activities include open manholes during manhole rehabilitation representing a public safety hazard. Utility services could also be disrupted as a result of project construction. Impacts to utilities are considered significant if construction results in direct or possibly lengthy disruption of essential utility service. In addition, vandalism might increase in areas where construction equipment and materials are stored 4.9.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.9.3 Facts in Support of the Findings The potentially significant public safety impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. PS-1 The contractor shall provide a copy of the Traffic Control Plan to the Sheriff’s department, local police departments, and fire departments prior to construction. The local sponsor shall provide 72-hour notice of construction to the local service providers of individual pipeline segments. PS-2 Access to fire stations and emergency medical facilities shall be maintained on a 24-hour basis and at least once access to medical facilities shall be available at all times during construction. The local sponsor shall notify appropriate officials at the medical facility regarding construction schedule. PS-3 Construction areas shall be secured or trenches shall be promptly backfilled after pipeline installation. If installation is incomplete, steel trench plates shall be used to cover open trenches as appropriate for the specific site. PS-4 Construction contractors shall ensure that adequate barriers are established to prevent pedestrians from entering the open trenches of an active construction area. Warning will be CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 26 posted sufficient distances from the work area to allow pedestrians to cross the street at controlled intersections. PS-5 To ensure aesthetic consistency and public safety, construction contractors will restore disturbed areas along the alignment as mutually agreed by the local sponsor and local jurisdictions prior to construction. PS-6 Construction contractors shall be responsible for providing appropriate security measures for all equipment staging and/or storage areas needed for sewer improvement projects. PS-7 Construction contractors shall dispose of construction refuse at approved disposal locations. Contractors will not be permitted to dispose of construction debris in residential or business containers. PS-8 Construction contractors shall be required to keep construction and staging areas orderly, free of trash and debris. PS-9 A detailed study identifying utilities along the pipeline routes shall be conducted during the design stages of sewer improvement projects. For segments with potential adverse impacts, the following mitigations shall be implemented. ▪ Utility excavation or encroachment permits shall be required from the appropriate agencies. These permits include measures to minimize utility disruption. The local sponsor and its contractors will shall comply with permit conditions, and such conditions shall be included in construction contract specifications. ▪ Utility locations shall be verified through field surveys. ▪ Detailed specifications shall be prepared as part of the design plans to include procedures for the excavation, support, and fill of areas around utility cables and pipes. All affected utility services shall be notified of local sponsor construction plans and schedule. Arrangements shall be made with these entities regarding protection, relocation, or temporary disconnection of services. PS-10 To reduce potential impacts associated with utility conflicts, the following measures shall be implemented in conjunction with Mitigation Measure PS-9. ▪ Disconnected cables and lines will be promptly reconnected. ▪ The local sponsor will observe Department of Health and Safety (DHS) standards, which require a 10-foot-horizontal separation between parallel sewer and water mains and 1- foot vertical separation between perpendicular water and sewer line crossings. In the event that the separation requirements cannot be maintained, the local sponsor shall obtain DHS variance through provisions of water encasement, or other means deemed suitable by DHS, and be encasing water mains in protective sleeves where a new sewer force main crosses under or over an existing sewer main. PS-11 The construction contractor will comply with the local sponsor requirements and specifications to protect existing utility lines. The local sponsor will coordinate with other jurisdictions as required to ensure compatibility and joint-use feasibility with existing and future projects. PS-12 Design documents shall be submitted to the Construction Site Review staff of the State of California Department of Conservation, Division of Oil, Gas, and Geothermal Resources to identify wells within or in close proximity to project boundaries and to accurately plot them on CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 27 project maps. The submittal shall provide all information outlined in the Division publication entitled, “Construction Project Site Review and Well Abandonment Procedure.” Building over or in the proximity of idle or plugged and abandoned wills will be avoided if at all possible. If this is not possible, it may be necessary to plug or re-plug wells to current Division specifications. If the State Oil and Gas Supervisor determines that construction over or in the proximity of wells could result in a hazard, the reabandonment of previously plugged and abandoned wells would be required. If construction over an abandoned will is unavoidable an adequate gas venting system should be placed over the well. Furthermore, if any plugged and abandoned or unrecorded wells are damaged or uncovered during excavation or grading, remedial plugging operations may be required. If such damage or discovery occurs, the Division’s district office must be contacted to obtain information on the requirements for and approval to perform remedial operations. 4.10 Aesthetics 4.10.1 Significant Effects Open trenching that will occur during construction creates the greatest visual impacts. Approximately 22,400 linear feet of trenching will occur, which will result in the greatest disturbance. Construction would disturb a total of 34.92 acres, including 7.92 acres of native vegetation. Temporary mobilization and demobilization of construction equipment and trucks would also constitute a visual impact. Permanent impacts are limited to the seven permanent manholes required for this alternative and the extension of an access road along the south bank, totaling less than 0.24 acre. 4.10.2 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.10.3 Facts in Support of the Findings The potentially significant aesthetics impacts described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. A-1 Construction contractors shall keep construction and staging areas orderly, free of trash and debris. 4.11 Cultural Resources 4.11.1 Significant Effects Potential impact to buried former segments of the Anaheim Union Water Canal would be possible. However, these segments would have already been disturbed or destroyed by previous construction activities. That would result in them no longer contributing to the potential NRHP significance of the canal. 4.11.2 Findings The Board of Supervisors adopts Finding 1: CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 28 ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 4.11.3 Facts in Support of the Findings The potentially significant impacts to cultural resources described above are mitigated to below a level of significance with the adoption of the following feasible mitigation measures. CR-1 Construction will be monitored by a qualified archeologist meeting the Secretary of the Interior’s Standards. In the event that previously unknown cultural resources are encountered, construction in that particular area will cease until the requirements of 36 CFR 800.13 are met. Pursuant to 36 CFR 800.13(2), in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the local agency shall notify the Corps of Engineers Archeology Staff. The agency shall immediately suspend all work in an area(s) where potential cultural resources are discovered. Work will not resume in the area surrounding the potential cultural resources until the Corps re-authorizes project construction, per 36 CFR 800.13(2). CR-2 In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (B) The descendant identified fails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 29 5.0 EFFECTS DETERMINED NOT TO BE SIGNIFICANT Earth Resources ▪ No people or structures would be exposed to major geologic hazards. ▪ The project would not result in potential landslides Water Resources ▪ Groundwater supply would not be affected because water being dewatered would be discharged back into the groundwater aquifer via percolation into the Santa Ana River. ▪ The project would not contribute to any long-term water quality impacts. ▪ The project would not substantially alter the existing drainage pattern of the area and would not contribute runoff that would exceed the capacity of existing or planned drainage systems. ▪ The project would not place housing or structures within a 100-year flood plain or exposed people and/or structures to injury or less involving flooding. Biological Resources ▪ Wildlife movement through the region will not be significantly affected, indirect impacts to species viability, predator/prey dynamics, and other factors would be less than significant. ▪ Impacts to the arroyo chub, Santa Ana speckled dace, and Santa Ana sucker will be less than significant. ▪ Neither endemic nor other special status plant species were found during site visits. ▪ No conflicts with adopted habitat Conservation Plans, Natural Communities Conservation Plans, or other approved, local, regional, or state habitat conservation plans. Land Use ▪ No farmlands will be temporarily or permanently affected. ▪ The project would not divide an established community. Recreation ▪ The proposed project will not result in new permanent residents and, therefore, will neither create significant demands on existing recreation facilities nor require the acquisition of additional parkland and/or the construction of new recreation facilities. Noise and Vibration ▪ No people would be exposed to noise levels that exceed standards established in the local General Plan and/or Noise Ordinance. ▪ No people or structures will be exposed to excessive groundborne vibration levels. ▪ No permanent increase in ambient noise levels in the project environs will occur. ▪ No people would be exposed to aviation noise or exposed people to excessive airport-related noise levels. Transportation and Traffic ▪ No permanent increases in traffic would occur and no project-related traffic could result in long- term individual or cumulative traffic impacts. ▪ The project will not result in a change in air traffic patterns or traffic levels that result in substantial safety risks. ▪ No traffic hazards would occur as a result of design features. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 30 ▪ The project will not affect emergency access or result in inadequate parking. ▪ The project will not result in conflicts with existing transportation plans and/or programs. Utilities ▪ The project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. ▪ No new water or wastewater treatment facilities would be required as a result of project implementation. ▪ The project would not require the construction of new drainage facilities. ▪ The project would not result in impacts to the County’s landfill capacity. Socio-Economics ▪ The project would not displace either existing housing or residents. ▪ The project would not adversely effect minorities, low-income residents, or children. ▪ The project would not create a demand of new permanent housing. ▪ The project would not resulting in a substantial long-term decrease in local employment. Public Safety ▪ the public would not be exposed to untreated wastewater, disease or contaminated water. ▪ No new or physically altered government facilities or services (e.g., police, fire, schools, emergency services, etc.) would be required as a result of project implementation. Aesthetics ▪ The project will not damage existing scenic resources, including trees, rock outcroppings, historic buildings or state scenic highways. ▪ The project would not create a new source of light and/or glare. Hazardous Materials ▪ The proposed project does not conflict with CERCLA or RCRA. 6.0 CUMULATIVE IMPACTS 6.1 Significant Cumulative Effects that Cannot be Mitigated to a Level of Insignificance 6.1.1 Air Quality The project’s construction activities would have unavoidable short-term significant impacts. Therefore, the project along with other cumulative impact sources would have unavoidable cumulative significant impacts. 6.1.2 Findings The Board of Supervisors adopts Findings 1 and 3: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 31 ▪ Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the EIR. 6.1.3 Facts in Support of Findings The mitigation measures identified in Section 3.1.3 will substantially avoid or mitigate significant environmental effects; however, the air quality impacts related to NOx, VOC, PM10, and PM2.5 remain significant an unmitigable, including the short-term cumulative air emissions. Pursuant to Section 15091(a)(3) of the State CEQA Guidelines, three are no feasible measures that would mitigate the impacts to below a level of significance. As described in the Statement of Overriding Considerations, however, the Board of Supervisors has determined that the significant effects are acceptable because of the specified overriding economic, legal, social, technological, and other considerations. 6.2 Cumulative Effects Determined Mitigated to Below a Level of Significance 6.2.1 Water Resources Implementation of the proposed project would contribute to short-term water quality impacts during construction activities, including turbidity and sedimentation. 6.2.1.1 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 6.2.1.2 Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Any cumulative impacts upon water resources from cumulative projects will be mitigated to below a level of significance by mitigation measures included in these projects, in conformance with federal, state, county, and local regulations and policies. 6.2.2 Biological Resources The proposed project would contribute to potentially significant cumulative impacts on sensitive habitat, including riparian and perennial stream habitat. 6.2.2.1 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 6.2.2.2 Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Any cumulative impacts upon biological resources from the CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 32 proposed project have been mitigated to a less than significant level through the imposition of mitigation measures. In addition, potential impacts associated with cumulative projects will also be mitigated to below a level of significance by mitigation measures included in those projects, in conformance with federal, state, county, and local regulations and policies. 6.2.3 Noise and Vibration Off-site noise and vibration impacts resulting from increased vehicular use during construction would result in potentially significant short-term noise and vibration impacts to local roadways. 6.2.3.1 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 6.2.3.2 Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Any cumulative noise and vibration impacts from the proposed project have been mitigated to a less than significant level through the imposition of mitigation measures. In addition, potential impacts associated with cumulative projects will also be mitigated to below a level of significance by mitigation measures included in those projects, in conformance with federal, state, county, and local regulations and policies. 6.2.4 Transportation and Traffic Depending on the timing of other projects in the study area, construction of the project alternative may generate a short-term contribution to cumulative traffic conditions. This effect would be caused or worsened by temporary construction traffic and deterioration of roadway surfaces. 6.2.4.1 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 6.2.4.2 Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Any cumulative transportation and traffic impacts during construction from the proposed project have been mitigated to a less than significant level through the imposition of mitigation measures. In addition, potential impacts associated with cumulative projects will also be mitigated to below a level of significance by mitigation measures included in those projects, in conformance with federal, state, county, and local regulations and policies. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 33 6.2.5 Aesthetics The proposed project would result in additional permanent manholes, which add to the overall development of the project area at a very minor level. 6.2.5.1 Findings The Board of Supervisors adopts Finding 1: ▪ Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 6.2.5.2 Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Any cumulative visual impacts from the proposed project have been mitigated to a less than significant level through the imposition of mitigation measures. In addition, potential impacts associated with cumulative projects will also be mitigated to below a level of significance by mitigation measures included in those projects, in conformance with federal, state, county, and local regulations and policies. 6.3 Cumulative Effects Determined not to be Significant As described in Chapter 6.0 of the SEIR/EIR, the following cumulative impacts are determined not to be significant. ▪ Earth Resources ▪ Land Use ▪ Recreation ▪ Utilities ▪ Socioeconomics ▪ Public Safety ▪ Cultural Resources ▪ Hazardous Materials ▪ Greenhouse Gas Emissions 7.0 GROWTH-INDUCING EFFECTS The purpose of the project is to provide protection to the existing SARI. The proposed project will not extend the SARI or increase the capacity. Alternative OC 3B increases wastewater capacity of the Yorba Linda connection by 2,900 persons only because two smaller lines are combined into a larger pipeline, and the pipeline size commercially available to accommodate existing use has a slightly higher capacity. The majority of the project area and overall region is already urbanized; therefore, the project does not open up a previously constrained area for development. Instead the project provides protection for a utility already in place within an area already heavily developed and populated. The project would not directly facilitate new development nor result in any population or employment growth. Alternative 3B would indirectly facilitate minor new development that would result in minor population growth. Implementation of the proposed project and stabilization/protection of the SARI would not be considered an indirect catalyst for development and growth, as no future development is contingent upon implementation of the project. The proposed project will ensure that the existing capacity of the SARI is protected. Furthermore, all future development and growth in the region is controlled by the land use policies of the general plans of the counties and cities in the region. Future growth would conform to the CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 34 planning policies and regulations of these counties and cities and, as a result, this growth would be consistent with regional projections for growth made by regional planning authorities. Implementation of the project could cause a temporary increase in construction-related employment, yet would not result in any permanent in-migration of workers to the region or result in any long-term growth in jobs. There is no long term increase in employment associated with the project, so implementation would not have a significant effect on regional population growth. 8.0 FEASIBILITY OF PROJECT ALTERNATIVES 8.1 Introduction Pursuant to Public Resources Code Section 21002 and the CEQA Guidelines Section 15126.6, an EIR must assess a reasonable range of alternatives to the project action or location. 1. Section 15126.6 places emphasis on focusing the discussion on alternatives that provide opportunities for eliminating any significant adverse environmental impacts, or reducing them to a level of insignificance, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. In this regard, the EIR must identify an environmentally superior alternative among the other alternatives. 2. As with cumulative impacts, the discussion of alternatives is governed by the “rule of reason.” 3. The EIR need not consider an alternative whose effect cannot reasonably be ascertained, or does not contribute to an informed decision-making and public participation process. The range of alternatives is defined by those alternatives that could feasibly attain the objectives of the project. The FSEIS/EIR evaluated several alternatives for each project component (Norco Bluffs, Prado Basin, and Reach 9) at an equal level. The alternatives to the preferred project components are described below. 8.2 Alternative OC 1 Orange County No Action Alternative Alternative OC 1, the Orange County no action alternative, would leave the SARI in place in the floodplain, with no additional construction to protect or strengthen the pipeline. Future streambed degradation, flooding, and projected larger flow releases from Prado Dam would continue to pose a threat of structural damage to the pipeline, particularly at low-flow crossings at current level of release flows from Prado Dam. Prado Dam is currently undergoing construction to raise the current level. Once Prado Dam is raised, releases of up to 30,000 cfs will be possible, significantly increasing the threat of damage to the SARI. The Risk Analysis workshop concluded that this alternative not only had a high to very high risk of failure of the SARI, but also high to very high consequences of failure. Experts believed that even a modest flood, or dam release, well below the 30,000 cfs, would damage major sections of the pipeline. Recent releases from Prado Dam of less than 10,000 cfs exposed the covering of portions of the SARI, requiring emergency repairs. The No Action alternative is not preferred because it would leave areas of the County susceptible to flood damage, which would include adverse impacts to water quality, public health and safety and fish and wildlife resources. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 35 8.3 Alternative OC 2 Orange County Relocate to the North Alternative OC 2 involves replacing the portion of the existing SARI between approximately 400 feet downstream of the intersection of Weir Canyon Road and La Palma Avenue to approximately 1,350 feet downstream of the eastern extent of Orange County. The new pipeline would be constructed on the north side of the river, outside of the floodplain. Alternative OC 2 would consist of construction methods that include microtunneling, conventional tunneling, conventional pipe jacking, and open cut trenching. The alignment of Alternative OC 2, from the downstream extent, would begin approximately 400 feet downstream of the intersection of Weir Canyon Road and La Palma Avenue. The alignment continues upstream, crossing to the north side of La Palma Avenue and then back to the south side of La Palma Avenue meeting with the northeast corner of the car wash adjacent to the south side of La Palma Avenue. At this point the alignment follows along the existing bike path adjacent to the south side of La Palma Avenue upstream. The portion of the alignment from the downstream extent to the intersection of Gypsum Canyon Road and the existing bike path would be constructed using microtunneling. Conventional pipe jacking would continue along the alignment upstream underneath Gypsum Canyon Road at which point microtunneling will be continued for approximately 1,450 feet upstream. Where the existing bike path terminates, open cut trenching would be used for construction, following along the backside of the adjacent homes and Riverbend Apartments. The alignment continues to follow along the backside of the adjacent Riverbend Apartments northward to Brush Canyon Drive. Conventional Pipe Jacking would be used to construct the pipeline underneath the BNSF railroad. The alignment would turn to the east at this point and be constructed using microtunneling behind the homes along the south side of Brush Canyon Road. Approximately 300 feet upstream of the easternmost home along Brush Canyon Road conventional tunneling would be used to construct the pipeline. Conventional tunneling would be used for approximately 2,850 feet, at which point conventional pipe jacking would be used to construct the pipeline underneath the BNSF railroad to meet with the existing SARI. The existing Yorba Linda crossings would meet with the relocated SARI Line along its alignment on bikeway on the south side of La Palma Avenue. The existing SARI would be abandoned in place. The existing SARI would be mechanically collapsed in place with an impact hammer from the inside, reducing the concrete to pieces no larger than 24 inches in diameter. The manhole covers and cones will be removed, the base of the manholes will be punctured and filled with sand and left in place. Alternative OC 2 was not preferred by the local sponsor or recommended due to the numerous easements required and the high construction costs. This alternative is distinguished from the others due to numerous impacts to land owners and utilities. Permanent impacts to native vegetation are negligible, as it is for all the Orange County alternatives. Temporary impacts to native vegetation for this alternative are comparable to Alternative OC 3A, half the acreage of Alternative OC 3B, and more than Alternative OC 4. 8.4 Alternative OC 3A Orange County Relocate to the South; “Deep Alternative” Alternative OC 3A would replace the existing SARI between the control gate structure east of the SAVI Ranch development to approximately 575 feet downstream of the eastern extent of Orange County. Th e new pipeline would be constructed on the southern edge of the floodplain. Alternative OC 3A would CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 36 consist of construction methods that include microtunneling, conventional tunneling, conventional pipe jacking and open cut trenching. The downstream extent of the project would begin at the eastern part of the SAVI Ranch. The alignment would follow the existing maintenance road along the eastern edge of SAVI ranch and the toe of SR 91. Microtunneling would be used to construct this portion of the alignment until the end of the maintenance road. Microtunneling would continue east into Featherly Regional Park, being constructed around the existing bathroom facilities. Approximately 525 feet to the east of the bathroom facilities open cut trenching would be used for construction. Open cut trenching would be used for approximately 3,485 feet upstream until conventional pipe jacking would be used to construct the alignment underneath existing driveways within Featherly Regional Park as well as Gypsum Canyon Road. Conventional pipe jacking would continue and meet the existing bike trail on the east side of Gypsum Canyon Road. Microtunneling would then resume for approximately 3,850 feet upstream along the bike trail. At this point conventional tunneling would be used for approximately 2,944 feet upstream along the bike trail. Microtunneling would then be used for construction along the bike trail for approximately 1,200 feet. The alignment would then leave the existing bike trail and continue east into the golf course for approximately 1,350 feet. The alignment then turns to the northeast for approximately 1,800 feet to join with the existing SARI, in which microtunneling would be used for construction. The wastewater flows from Yorba Linda would be conveyed to the SARI via a new pipeline on the north side of the river, the Yorba Linda extension, running from the control gate structure east of the SAVI Ranch development, crossing the river and then running east along the north side of the river, outside the floodplain. The new pipeline would be constructed using conventional tunneling using a double barrel siphon under the floodplain and the continuing east using open cut trenching. The new pipeline would be constructed either under Las Palma Avenue or under the bike path. The existing SARI would be abandoned in place. The existing SARI would be mechanically collapsed in place with an impact hammer from the inside, reducing the concrete to pieces no larger than 24 inches in diameter. The manhole covers and cones will be removed, the base of the manholes will be punctured and filled with sand and left in place. Alternative OC 3A Orange County Relocate to the South, "Deep Alternative" relocates the SARI on the south bank of the Santa Ana River, avoiding the extensive easements required on the north bank. It primarily utilizes microtunneling with lesser amounts of conventional pipe jacking, conventional tunneling and open cut trenching. It has less temporary impacts to riparian vegetation due to the use of microtunneling, negligible permanent impacts to native vegetation, and less impact to land owners or utilities. It was not preferred by the local sponsor or recommended because it has many unknown costs and impacts due to potential “rescues” of jammed microtunneling equipment, involving excavation. 8.5 Alternative OC 4 Orange County Relocate to the South and to the North Alternative OC 4 would combine elements of Alternative OC 2, Orange County Relocate to the North and Alternative OC 3A, Orange County Relocate to the South; “Deep Alternative”. The downstream portion of this alternative would follow the same alignment and construction methods as the Alternative OC 2 (Orange County Relocate to the North) until approximately 1,650 feet upstream of the intersection of Gypsum Canyon Road and the existing bike path. At this point open cut trenching would be used for approximately 1,825 feet along the backside of the adjacent homes. The alignment would then turn to the southeast, and open cut trenching would continue until the active stream channel was reached. At this point conventional pipe jacking would be utilized to construct the alignment under the river. Open cut trenching would resume on the other side of the river until the bike path at the toe of SR 91 is reached. As the alignment meets with the area south of the floodplain the alignment and construction methods of CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 37 Alternative OC 3A (Orange County Relocate to the South; “Deep Alternative”) would continue to the upstream extent of the project area. The existing Yorba Linda crossings would meet with the relocated SARI Line along its alignment on bikeway on the south side of La Palma Avenue. The existing SARI would be abandoned in place. The existing SARI would be mechanically collapsed in place with an impact hammer from the inside, reducing the concrete to pieces no larger than 24 inches in diameter. The manhole covers and cones will be removed, the base of the manholes will be punctured, filled with sand and left in place. Alternative OC 4, Orange County Relocate to the South and to the North avoids most of the land use issues of Alternative OC 2 and has the least temporary impacts to native vegetation of the Orange County alternatives. It has negligible permanent impacts to native vegetation. It is not preferred by the local sponsor and is not recommended because it does not meet the project objective as efficiently as Alternatives OC 3A and OC 3B. 8.6 Environmentally Superior Alternative All of the Orange County action alternatives have minimal impacts after mitigation (refer to the table below). After mitigation, the impacts of all action alternatives are nearly equal. Only air quality impacts are not mitigated to a non-significant level (refer to Section 3.0). Before mitigation, Alternative OC 4 (i.e., Orange County Relocate to the South and to the North) is the environmentally preferable alternative under NEPA and the environmentally superior alternative under CEQA. Of the four Orange County action alternatives, it has the least temporary impacts to native vegetation, and the same negligible permanent impacts to native vegetation as Alternative OC 2. It has less impact on existing land uses than Alternative OC 2, which has substantial impacts to railroad right-of-way and residential properties. It is not the preferred or proposed alternative, however, because it does not meet the project objective as efficiently as Alternatives OC 3A and OC 3B. More of the line would still remain within the floodplain, and the construction costs are higher for Alternative OC 4. Alternatives Comparison – Orange County Alternatives SARI Protection/Relocation Environmental Area Alternative OC 1 No Action OC 2 Relocate North OC 3A Relocate South OC 3B Shallow South OC 4 South and North Earth Resources Risk of line breach continues from unchecked erosion. Does not expose any people or structures to major geologic hazards. Does not expose any people or structures to major geologic hazards. Does not expose any people or structures to major geologic hazards. Does not expose any people or structures to major geologic hazards. Does not expose any people or structures to major geologic hazards. Water Resources SARI rupture would violate RWQCB water quality standards (Significant Impact) No long-term impacts. Short-term turbidity and sedimentation impacts mitigated to non-significance. No long-term impacts. Short-term turbidity and sedimentation impacts mitigated to non-significance. No long-term impacts. Short-term turbidity and sedimentation impacts mitigated to non-significance. No long-term impacts. Short-term turbidity and sedimentation impacts mitigated to non-significance. Biological Resources SARI rupture would temporarily degrade habitat due to water quality. Temporary impacts to 3.92 acres of native plant communities; permanent impacts to <0.02 acre. Temporary impacts to 3.76 acres of native plant communities; permanent impacts to <0.08 acre. Temporary impacts to 7.92 acres of native plant communities; permanent impacts to <0.06 acre. Temporary impacts to 2.72 acres of native plant communities; permanent impacts to <0.02 acre. Land Use SARI rupture would affect public recreation, area businesses and orchards. No permanent easements required. Project would require permanent easements with 12 public agencies, 3 railroads, 3 transportation agencies, 1 business, Project would require permanent easements with 8 public agencies, 2 transportation agencies, and 2 businesses. . Project would require permanent easements with 8 public agencies, 2 transportation agencies, and 2 businesses. Project would require permanent easements with 19 public agencies, 3 railroads, 5 transportation agencies, 1 business, CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 38 Environmental Area Alternative OC 1 No Action OC 2 Relocate North OC 3A Relocate South OC 3B Shallow South OC 4 South and North and 69 residential properties. and 30 residential properties. Recreation SARI rupture could temporarily close recreation facilities. Temporary closures of bike path, temporary impacts to golf course, regional and state parks. Temporary closures of bike path, temporary impacts to golf course and regional park; temporary impacts to state park in limited locations. Temporary closures of bike path, temporary impacts to golf course and regional park; temporary impacts to state park in limited locations. Temporary closures of bike path; temporary impacts to golf course, state and regional parks in limited locations. Air Quality SARI repairs would result in localized short-term impacts 16 months to construct exceeds NOx, VOC, PM10 and PM2.5 federal thresholds, resulting in significant unavoidable adverse impact. 13 months to construct exceeds NOx, VOC, PM10 and PM2.5 federal thresholds, resulting in significant unavoidable adverse impact. 11 months to construct exceeds NOx, VOC, PM10 and PM2.5 federal thresholds, resulting in significant unavoidable adverse impact. 17.5 months to construct exceeds NOx, VOC, PM10 and PM2.5 federal thresholds, resulting in significant unavoidable adverse impact. Noise and Vibration SARI repairs would result in localized short-term impacts. Localized short-term impacts. Localized short-term impacts. Localized short-term impacts. Localized short-term impacts. Transportation/Traffic SARI repairs would result in localized short-term impacts. 24,097 total trips resulting in an average of 50 vehicles per day short-term impacts. 25,064 total trips resulting in an average of 64 vehicles per day short-term impacts. 27,938 total trips resulting in an average of 85 vehicles per day short-term impacts. 24,501 total trips resulting in an average of 45 vehicles per day short-term impacts. Utilities SARI rupture would require modification, and create a hazardous situation. (Significant Impact) Crosses 27 utilities, 22 storm drains, 17 water lines, 5 gas lines, 1 fiber optic line, and relocates 1 control and metering station. SR-91 easement encroachment. SR-91 easement encroachment. SR-91 easement encroachment. Socioeconomics No impacts to jobs, housing, population, businesses or taxes. No impacts to jobs, housing, population, businesses or taxes. No impacts to jobs, housing, population, businesses or taxes. No impacts to jobs, housing, population, businesses or taxes. No impacts to jobs, housing, population, businesses or taxes. Public Safety SARI rupture would expose public to untreated wastewater. Beneficial impact of protecting SARI from risk of rupture. Mitigable risks during construction. Beneficial impact of protecting SARI from risk of rupture. Mitigable risks during construction. Beneficial impact of protecting SARI from risk of rupture. Mitigable risks during construction. Beneficial impact of protecting SARI from risk of rupture. Mitigable risks during construction. Aesthetics SARI rupture would deposit debris on Huntington Beach, a temporary impact. Repairs would have temporary impacts of visible construction. 3,490 linear feet of open-cut trenching will create a visible construction (i.e., temporary impact). 8,604 linear feet of open-cut trenching will create a visible construction (i.e., temporary impact). 22,411 linear feet of open-cut trenching will create a visible construction (i.e., temporary impact). 2,867 linear feet of open-cut trenching will create a visible construction (i.e., temporary impact). Cultural Resources No impacts. Potential damage to Anaheim Union Water Canal, which requires on-site monitor during construction. Potential damage to Anaheim Union Water Canal, which requires on-site monitor during construction. Potential damage to Anaheim Union Water Canal, which requires on-site monitor during construction. Potential damage to Anaheim Union Water Canal, which requires on-site monitor during construction. Hazardous Waste No impacts. No impacts. No impacts. No impacts. No impacts. Temporary Footprint (Construction Impacts) N/A 10.81 acres 17.97 acres 34.92 acres 10.48 acres Permanent Footprint (Includes routine maintenance impacts) N/A <5.05 acres (including 5 acres of orange groves replanted with natives) <0.27 acre <0.24 acre <5.04 acres (including 5 acres of orange groves replanted with natives). CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 39 8.7 Alternatives Considered but Eliminated The Corps independently reviewed the initial alternatives developed by other agencies and developed new alternatives for both Orange and Riverside Counties. Thirty-seven alternatives, including the no- action alternatives, were formulated and considered, thirty-four for the Orange County portion and three for Riverside County portion. All alternatives were evaluated using the planning objectives, constraints, considerations and other evaluation criteria. This analysis is displayed in Table 3.3-1 in the SEIS/EIR. Thirty-three action alternatives were developed for the Orange County segment of the SARI that is in the river channel and needs relocation or protection in place. Twenty-nine alternatives in Orange County were eliminated from further analysis because they did not satisfactorily meet the project objectives or were shown not to be efficient or technically feasible. All of the alternatives carried forward for further study involve relocation out of the river channel and into the bank. Section 3.3 of the SEIS/EIR includes an exhaustive discussion of the alternatives that were considered but eliminated. 9.0 GENERAL FINDINGS 9.1.1 Introduction The FEIS/EIR (IP 03-226) for the Project, comprised of the DEIS/EIR, a list of persons, organizations and public agencies commenting on the DEIS/EIR, comments received from the public and interested agencies, the Responses to Comments prepared by the County, revisions to the text of the DEIS/EIR reflecting changes made in response to comments and other information, other minor changes to the text of the DEIS/EIR, and all attachments and documents incorporated by reference, is complete and adequate and has been prepared in accordance with CEQA and the CEQA Guidelines. The Board of Supervisors further finds and determines that the FEIS/EIR provides adequate, good faith and reasoned responses to all comments raising significant environmental issues. The FEIS/EIRR is hereby incorporated in this document by reference. The FEIS/EIR and the administrative record concerning the Santa Ana River Interceptor (SARI) Protection/Relocation Project provide additional facts in support of the findings herein. The FEIS/EIR is hereby incorporated into these Findings in its entirety. Furthermore, the mitigation measures set forth in the FEIS/EIR and the MMRP are incorporated by reference in these Findings. The FEIS/EIRR identifies significant or potentially significant environmental impacts that may occur as a result of implementation of the Project, even with the incorporation of specific measures/programs intended to mitigate said impacts. Thus, in accordance with the provisions of CEQA, the County of Orange hereby adopts this Statement of Findings as part of its action to certify the FEIR and approve the Project. Section 15093 of the CEQA Guidelines requires the decision-making agency to balance, as applicable, the economic, legal, social, technological or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. Where the decision of the public agency allows the occurrence of significant effects, which are identified in the FEIR but are not avoided or substantially lessened, the agency shall state, in writing, the specific reasons to support its action based on the FEIS/EIR and/or other information in the record. Such a statement is called the “Statement of Overriding Considerations.” In connection with its review and approval of the Preferred Project, the County has prepared the required Statement of Overriding Considerations (SOOC), which is included in Section 10 of these Findings of Fact. The MMRP was developed in compliance with Public Resources Code Section 21081.6 and is contained in a separate document. The mitigation monitoring and reporting program (MMRP) has been prepared to monitor and report on the implementation of the mitigation measures identified for the Preferred Project. CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation CEQA Findings and Facts in Support of Findings Santa Ana River Interceptor (SARI) Protection/Relocation Page 40 9.1.2 Findings Consistent with the provisions of CEQA Guidelines Section 15090(a), the Board of Supervisors specifically finds and certifies as follows: 1. The FEIS/EIR (as defined, above) has been completed in compliance with CEQA/NEPA. 2. The plans for the project have been prepared and analyzed so as to provide for public involvement in the planning and NEPA/CEQA processes. 3. Comments regarding the Draft SEIS/EIR received during the public review period have been adequately responded to in written Responses to Comments attached to the Final SEIS/EIR. Any significant effects described in such comments were avoided or substantially lessened by the standard conditions mitigation measures described in the Draft SEIS/EIR. 4. The FEIS/EIR reflects the Board of Supervisors’ independent judgment and analysis. 5. The Board of Supervisors has reviewed and considered, as a whole, the evidence and analysis presented in the DEIS/EIR, the evidence and analysis presented in the comments on the DEIS/EIR, the evidence and analysis presented in the FEIS/EIR, the information submitted on the Final EIS/EIR, and the reports prepared by the experts who prepared the EIS/EIR, the County’s consultants, and by staff, addressing those comments. The Board of Supervisors has gained a comprehensive and well-rounded understanding of the environmental issues presented by the Project. In turn, this understanding has enabled the Board of Supervisors to make its decisions after weighing and considering the various viewpoints on these important issues. The Board of Supervisors accordingly certifies that its findings are based on full appraisal of all of the evidence contained in the FEIS/EIR, as well as the evidence and other information in the record addressing the FEIS/EIR. The Board of Supervisors hereby certifies the FEIS/EOR for the actions described in these findings and in the FEIS/EIR. Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 1 Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project No. Mitigation Measure Implementing Action Timing of Implementation Responsibility Earth Resources ER-1 Minimize exposed soil surfaces in area and in time. Grading Plan During Grading Construction Contractor ER-2 Prohibit clearing and grading activities until a firm construction schedule is known. Grading Plan Prior to Clearing and Grading Construction Contractor ER-3 Stabilize construction site soils with erosion control measures, such as silt fences, matting, etc. Grading Plan During Grading Construction Contractor ER-4 Estimate the quantity of dewatering that will be required along the pipeline alignment. The local sponsor shall conduct any required dewatering in a manner that will protect the stability and integrity of existing and proposed structures through implementation of one or more of the following measures: ▪ Photo documentation of existing conditions and floor level surveys of the adjacent structures; ▪ During construction, monitor the shoring system and adjacent existing improvements for movement; ▪ Monitoring systems shall include survey points for reference, tilt meters, strain gauges, and inclinom eters; ▪ If possible, installation of monitoring wells outside of the excavation to monitor groundwater levels, and/or, ▪ Evaluate existing structures in the vicinity of planned excavations with regard to foundation type and dewatering-induced potential for settlement. The local sponsor shall implement this mitigation through development of a pre-construction survey of the surrounding structures. The survey shall provide design criteria for the dewatering system for a chosen site so that one or more of the above engineering methods can be developed. Pre-Construction Survey/ Design Criteria During Grading and Construction Construction Contractor ER-5 Public safety and worker safety shall be issues where open cut trenching is done, where shafts are excavated, and where tunneling is undertaken. Construction plans shall include adequate precautionary measures to prevent trench wall to collapse, to prevent shaft wall collapse, to prevent tunnel collapse, to prevent collapse, subsidence, and misalignment of surface transportation lines (railroad and highway), and to prevent “frac-outs” during microtunneling. Frac-outs are loss of pressurized tunneling fluids and their subsequent blow-out at the surface. Construction Plan During Grading and Construction Construction Contractor ER-6 After construction, all areas disturbed by construction shall be reseeded or replanted with native species and the vegetation shall be maintained until established, for at least a one-year Revegetation Plan Following Project Completion Construction Contractor EXHIBIT D Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 2 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility establishment period. Areas with native vegetation are addressed further in BR-14, BR-15 and BR-16. Areas with mature trees are addressed further in R-4. Water Quality WQ-1 A dewatering permit shall be required if the installation and maintenance of the project feature extends into the groundwater table. Dewatering Permit Prior to Grading Construction Contractor WQ-2 The construction contractor shall obtain a National Pollution Discharge Elimination System (NPDES) General Permit for Discharges of Storm Water Runoff Associated with Construction Activity (General Construction Permit, which involves preparing a Storm Water Pollution Prevention Plan (SWPPP) for all construction phases of the project, as is required by the Santa Ana Regional Water Quality Control Board (SARWQCB). NPDES Permit Prior to Grading Construction Contractor WQ-3 The construction contractor shall prepare a pollution prevention plan to reduce the potential for accidental release of fuels, pesticides, and other materials. This plan will include the designation of refueling locations, emergency response procedures, and definition of reporting requirements for any spill that occurs. Equipment for immediate cleanup will be kept at the staging area for immediate use. Storm Water Pollution Prevention Plan (SWPPP) Prior to Grading and Construction Construction Contractor WQ-4 Construction contractors shall implement Best Management Practices (BMPs) to prevent erosion and sedimentation to avoid significant adverse impacts to surface water quality. These shall be incorporated into a Storm Water Pollution Protection Plan (SWPPP). The objectives of the SWPPP are to identify pollutant sources (such as sediment) that may affect the quality of storm water discharge and to implement BMPs to reduce pollutants in a practical and effective manner on the project site which, when applied, prevent or minimize the potential release of contaminants into surface waters and groundwater. BMPs have been established by the Santa Ana Regional Water Quality Control Board (SARWQCB) in the California Storm Water BMP Handbook for Construction (California Storm Water Quality Association (CASQA), 2003), and are recognized as effective in reducing degradation of surface waters. Best Management Practices (BMPs) During Grading and Construction Construction Contractor WQ-5 Prior to initiating activities within Waters of the United States, including jurisdictional wetlands, the Local Sponsor will obtain approved 401 Water Quality Certification from the Regional Board, 1602 Streambed Alteration Agreement from CDFG, and 404 Permit from USACE. Vehicle maintenance and fueling will be restricted from areas within 50 feet of the bank of a jurisdictional area. Following construction within a jurisdictional area, the affected area will be returned to pre- construction grade. Section 401 Permit Section 1602 Permit Section 404 Permit Prior to Grading in Waters of the United States Orange County Flood Control District (OCFCD) Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 3 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility WQ-6 The contractor shall follow the requirements for monitoring, and as necessary, treating, any discharge to surface waters, required by applicable Regional Board NPDES permits, General Waste Discharge Requirements for Discharges to Surface Waters that Pose an Insignificant (De MinimIs) Threat to Water Quality. Section 401 Permit During Grading and Construction Construction contractor Biological Resources BR-1 During the detailed design and construction phases of the project, the Corps or project sponsors shall continue to minimize impacts to native vegetation and wildlife habitat whenever possible. This includes shifting footprints or alignments where necessary and possible. Grading Plan During Design and Construction USACOE/OCFCD BR-2 The Corps or project sponsors shall assign qualified biologists to monitor the vicinity of active construction sites for raptors, California gnatcatcher, least Bell’s vireo, southwestern willow flycatcher, and other sensitive species. Monitoring shall continue during the life of the construction. The focus of monitoring is to identify the presence or absence of these species within the area of potential effects, to determine whether additional avoidance measures should be implemented, and to confirm project compliance with permit requirements. Monitoring would not normally consist of species specific protocol surveys. Coordination with the Santa Ana Watershed Association’s ongoing species surveys will occur throughout the construction project, to ensure maximum information exchange. On-site Monitoring Program During Grading and Construction USACOE/OCFCD BR-3 The Corps or project sponsors shall retain a qualified on-site biologist(s) to review grading plans; monitor all grading, excavation, and other ground disturbing activities in the streambed and associated riparian habitat; and monitor all aspects of construction monitoring that pertain to biological resource protection. Grading Plan Review/ On-site Monitoring Program During Grading and Construction USACOE/OCFCD BR-4 Construction shall occur only during daylight hours, if possible, to minimize disturbances to wildlife species that move primarily at night. (Tunneling operations will, at times, need to continue night and day.) In particular, whenever possible, above- ground operations (including use of access pits, equipment and vehicles) in the vicinity of the Coal Canyon underpass (wildlife corridor) shall not begin until 0700 hours and shall be completed before dusk of each day. The only exception shall be for an activity that must continue non-stop until it is completed for physical or engineering reasons. Project Schedule During Grading and Construction Construction Contractor BR-5 During construction, all equipment maintenance, lighting, and staging shall be located in designated areas, and to the extent possible directed away from ecologically sensitive areas and wildlife corridors. Construction Management Plan During Grading and Construction Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 4 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility BR-6 Excavation and trenching activities in areas of known wildlife movement shall include measures to prevent entrapment and injury to wildlife. For instance, steep-sided trenches may either be backfilled at the end of each work day, fenced, or include “escape ramps” for wildlife. Grading Plan During Grading and Construction Construction Contractor BR-7 Unpaved areas shall be watered as needed (or other measures implemented) to control dust on a continual basis. AQMD Rule 403 During Grading and Construction Construction Contractor BR-8 To reduce fire hazards, a water truck shall always be present during construction activities. Construction activities shall comply with accepted, standard fire prevention and protection practices. The contractor shall be required to prepare a fire prevention and protection plan for the construction project. Construction Management Plan During Grading and Construction Construction Contractor BR-9 Speed limits of 25 miles per hour (mph) or less shall be required at all times to avoid potential injury to wildlife in the area. Construction Management Plan During Grading and Construction Construction Contractor BR-10 Wherever possible, construction personnel shall utilize existing access roads or previously disturbed areas to reach the project area or stage their vehicles and equipment. Construction Management Plan During Grading and Construction Construction Contractor BR-11 Prior to removal of floodplain vegetation, the routes in and out of the project area shall be flagged to minimize impacts of crushing or removing native vegetation within the area. The perimeter of the work site shall be adequately flagged and/or fenced to prevent damage to adjacent habitat. All this work shall be supervised by an on-site, qualified biologist. Construction Management Plan Prior to Removal of Floodplain Vegetation Construction Contractor BR-12 The construction contractor shall keep grading activities associated with project construction to a minimum and existing root systems shall be left intact to the extent possible. Construction Management Plan During Grading and Construction Construction Contractor BR-13 During construction, the Corps or project sponsors shall monitor riparian vegetation adjacent to dewatering areas. Supplemental water (or diversion of excess water) shall be provided as necessary to avoid water stress. On-site Monitoring Program During Grading and Construction USACOE/OCFCD BR-14 The Corps or project sponsors shall successfully restore each acre of riparian vegetation that is temporarily disturbed during construction-related activities and shall keep all temporarily disturbed areas free of exotic plants until riparian vegetation is re-established. If the site has not begun to recover within 5 years (i.e., 50 percent of the disturbed areas are not vegetated with young riparian vegetation), then the site shall be reseeded or replanted with cuttings from native riparian species. Revegetation Plan After Construction USACOE/OCFCD BR-15 The Corps or project sponsors shall maintain non-riparian areas that are temporarily disturbed or destroyed free of exotic plants for 8 years. Revegetation Plan After Construction USACOE/OCFCD BR-16 Based on requirements established for the Corps’ SARP (Prado Dam and Vicinity Project), the Corps or project sponsors shall use one of the following options in Table 5.3-3 in the FSEIS/EIR, or a combination thereof, to mitigate for Mitigation Plan Prior to Construction USACOE/OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 5 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility each acre of riparian and non-riparian wetland habitat (excluding perennial stream) that is permanently destroyed or isolated from the floodplain during construction related activities, and to mitigate for each acre of riparian vegetation that is temporarily impacted by construction activities. BR-17 Beginning 30 days prior to the disturbance of suitable nesting habitat, weekly surveys shall be conducted within 500 feet of the project area to detect the presence of California Fully Protected Species (including the white-tailed kite and golden eagle) and other protected native birds. If construction is scheduled to occur during raptor breeding season (February 1 through August 31), surveys shall continue within 500 feet and/or 1,000 feet in areas adjacent to excessively noisy construction (e.g. steel sheet-pile insertion). Survey results shall be submitted to CDFG prior to ground disturbance. CDFG shall be notified of any fully protected species observed within or adjacent to the project area at any time. A biological monitor shall be present during vegetation removal activities to ensure that impacts to Fully Protected Species are avoided. On-site Monitoring Plan/ On-site Surveys 30 Days Prior to Disturbance of Suitable Nesting Habitat OCFCD BR-18 The biological monitors shall continue to assess the potential for sensitive species to occur within the construction footprint, throughout the construction period. If necessary, construction shall be halted within the area of concern to allow an animal (federally or state listed (or proposed) threatened or endangered species, or CSC) to move out of harms way. If necessary and practicable, the biological monitor or other competent handler may capture and relocate the individual. (Handling of federally listed species requires a permit from the USFWS.) On-site Monitoring Plan/ On-site Surveys During Grading and Construction OCFCD BR-19 Surveys shall be conducted by a qualified biologist or botanist prior to construction within areas potentially occupied by the Matilija poppy. If present, this species shall be flagged and avoided. If avoidance is not possible, the Corps or project sponsors shall coordinate with CDFG prior to construction to identify and implement potential relocation or seed collection options. On-site Monitoring Plan Prior to Grading and Construction OCFCD BR-20 Construction personnel shall be trained on the occurrence of threatened and endangered species within the area and shall be advised of the potential impacts to listed species and potential penalties for taking a threatened or endangered species. Construction Management Plan Prior to Grading and Construction Construction Contractor BR-21 Removal of riparian habitat shall take place from August 16 through February 28 (inclusive), outside of the breeding bird season, to minimize impacts to least Bell’s vireo and other migratory birds (including disturbances which would cause abandonment of active nests containing eggs and/or young). Removal of potentially occupied gnatcatcher habitat shall occur from August 16 through February 14. However, if Construction Management Plan/ On-site Surveys During Grading and Construction Construction Contractor/ OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 6 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility vegetation removal needs to occur during the breeding season, the Corps or project sponsors shall have a qualified biologist survey vegetation for nesting birds (all species) to determine if any active nests are present. Surveys shall be conducted once a week for eight consecutive weeks, at the appropriate times of day during the breeding season, and surveys shall end no more than three days prior to clearing. Documentation of surveys and findings shall be submitted to the USFWS and the CDFG for review and concurrence prior to conducting project activities. All active nests shall be avoided and provided a minimum buffer of 300 feet for non-raptor species and 500 feet for raptors. The nest shall not be disturbed until the young have fledged and the nest becomes inactive. BR-22 If an active raptor nest is located within 500 feet of the construction area after construction has begun, CDFG shall be immediately notified and consulted in development of an appropriate plan of action. CDFG Notification During Grading and Construction USACOE/OCFCD BR-23 Noise Measurements and Control during Vireo/Gnatcatcher breeding season: ▪ Weekly surveys for the vireo and gnatcatcher shall be conducted by a qualified biologist in areas of suitable habitat, from February 15 to September 1 (or until all juveniles have fledged), within 500 feet of the active construction area(s). The purpose of the surveys will be to identify the limits of occupied habitat and breeding status of individuals. (Coordination with SAW A or other qualified surveyors may satisfy this requirement, as long as the entire area of concern is fully surveyed throughout the breeding season.) ▪ Protocol surveys shall be conducted for gnatcatcher prior to vegetation removal, in suitable habitat within 500 feet of the active construction area(s). If gnatcatchers are identified within this survey area, this information shall be provided to the USFWS. If active nest sites are within or immediately adjacent to the work area, additional coordination and/or consultation may be required to avoid an unauthorized take. ▪ No construction-related activities that generate significant noise impacts will occur within 165 feet of occupied vireo or gnatcatcher habitat during the breeding season (February 15 to September 1). Significant noise impacts are defined as greater than 60 dBA Leq hourly (or greater than ambient levels in areas where pre-construction ambient noise exceeds 60 dBA Leq hourly). On-site Survey During Grading and Construction OCFCD and Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 7 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility ▪ To ensure that significant noise impacts do not occur within occupied gnatcatcher or vireo habitat a noise monitoring program will be instituted. Noise monitoring will be conducted at the boundary of occupied habitat that is closest to the construction area by a qualified biologist and/or noise monitor, at least one day per week during normal construction hours, throughout the gnatcatcher and vireo breeding season. Monitoring will be conducted at a minimum from February 15 through July 31, and shall be extended if necessary until all juvenile gnatcatchers and vireos have fledged. Construction staff will not be notified when noise monitoring will occur to ensure accurate measurements during normal construction activities. Noise measurements will be averaged and recorded hourly from the hours of 7:00 a.m. to 2:00 p.m. (normal construction hours), or until all heavy equipment operation has ended for the day. ▪ If there is a need to conduct construction activities closer than 165 feet from occupied vireo and gnatcatcher habitat during the breeding season and those activities have the potential to generate significant noise levels (as defined above), construction activities shall either be modified (i.e., backup alarms turned off, mufflers installed, activities shifted to other areas until the adjacent habitat is no longer occupied, etc.), or shielded (i.e., sound walls constructed) to ensure that noise levels in the occupied habitat do not exceed the significance threshold. ▪ A qualified biologist will monitor construction activities and will work with the Corps’ or local sponsor’s contracting authority to immediately stop or redirect activities if it is determined that the action is resulting in disruption of nesting behavior of vireos or gnatcatchers on the site. Disruption may include but is not limited to, flushing from nest sites and dispersal from a territory during the nesting season. ▪ The qualified biologist will provide, on a weekly basis to the Fish and Wildlife Service (Carlsbad Office), a summary (including photos) of project activities completed during the breeding season, the location of any gnatcatchers or vireos within 500 feet of the construction area, and the results of the noise monitoring program. BR-24 The construction contractor shall be required to monitor water quality throughout the construction period. On-site Monitoring During Grading and Construction Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 8 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility BR-25 Construction equipment and activities shall not be allowed to enter or cross flowing streams (except as required for authorized stream diversions). Construction Management Plan During Grading and Construction Construction Contractor BR-26 Implementation of the project shall not result in discharges that increase turbidity in the receiving waters. On-site Monitoring During Grading and Construction Construction Contractor BR-27 During construction, the construction contractor shall implement measures to control sedimentation; these include recontouring, sandbagging, the development of stilling basins, and other appropriate erosion control measures developed on a site-specific basis. If applicable, the construction contractor shall prepare and comply with a Storm Water Pollution Protection Plan, comply with all NPDES construction and dewatering permit requirements and file any required Notices of Intent with the State Water Resources Control Board and/or the Regional Water Quality Control Board. SWPPP During Grading and Construction Construction Contractor BR-28 Water containing mud, silt or other pollutants from tunneling, aggregate washing or other activities shall not be allowed to enter the flowing stream or placed in locations that may be subjected to high storm flows. On-Site Monitoring During Grading and Construction Construction Contractor BR-29 If inadvertent releases occur from water or mud escaping through the ground surface during tunneling, operations in the area shall be immediately halted and controls put in place to capture and direct the flow away from the river bed. In addition, the following measures shall be implemented: ▪ Prior to construction, the contractor shall perform, or review, preliminary geotechnical investigations to determine the most appropriate drilling equipment, methodologies and techniques, based on the type of material that they would expect to encounter. ▪ Prior to construction, the contractor shall prepare a plan of action for preventing, minimizing, or mitigating inadvertent releases. ▪ If necessary (depending on the type and location of tunneling methods used), the contractor shall ensure that containment equipment (i.e., vacuum trucks or pumps) are on site, or readily available, to address large-scale leaks. ▪ The environmental monitor shall be consulted to determine the most appropriate actions on a site-specific basis to minimize impacts and restore affected habitats. On-site Monitoring During Grading and Construction Construction Contractor BR-30 Staging/storage areas for equipment and material shall be located only in designated areas. Equipment and hazardous materials shall be moved outside of potential inundation areas prior to a rain event. Construction Management Plan During Grading and Construction Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 9 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility BR-31 Spoil sites shall not be located within areas where spoil may be washed into the active stream channel, or where it will cover aquatic or riparian vegetation. SWPPP During Grading and Construction Construction Contractor BR-32 Groundwater discharges shall be managed to ensure that erosion and excess sedimentation do not occur. The construction contractor shall coordinate with the California Regional Water Quality Control Board to obtain any necessary discharge permits and comply with permit regulations and requirements. SWPPP During Grading and Construction Construction Contractor BR-33 Raw cement/concrete or washing thereof, asphalt, paint or other coating materials, oil or other petroleum products, or any other substance which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the river bed (outside of authorized staging and work areas). These materials, if placed within or where they may enter the river bed shall be removed immediately. SWPPP During Grading and Construction Construction Contractor BR-34 No broken concrete, debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement, or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into, or placed where it may be washed by rainfall or runoff into, the river bed. When operations are completed, any excess materials or debris shall be removed from the work area. SWPPP During Grading and Construction Construction Contractor BR-35 No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Construction equipment shall not be stored or maintained within the river bed, except in authorized staging areas. SWPPP During Grading and Construction Construction Contractor BR-36 A litter control program shall be implemented during construction to eliminate the accumulation of trash. Trash will be removed to trash receptacles following the close of each workday, and disposed of in a sanitary landfill at the end of each work week. SWPPP During Grading and Construction Construction Contractor BR-37 After the new pipeline is in place and being utilized, the old pipeline will be flushed and cleaned of any waste or debris that could impact water quality. Construction Management Plan Following Placement of New Pipeline OCFCD and Construction Contractor Land Use L-1 Notices of Construction will be provided to adjacent home owners, including businesses and places of worship, prior to initiating construction activities. Notices of construction will include a contact and telephone number that will have information about construction activities. Notice of Construction Prior to Project Initiation OCFCD L-2 Coordination will occur with officials of adjacent fire stations, police stations, and hospitals to ensure that emergency access Construction Management Plan During Grading and Construction OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 10 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility is available. L-3 To minimize disruption to adjacent businesses during construction, temporary signage will be provided indicating that businesses are open. Construction Management Plan Prior to Project Initiation OCFCD Recreation R-1 For Orange County action Alternatives, traffic along the bicycle path on the south side of La Palma Avenue shall be diverted onto paved, off-road routes in the areas in which construction were taking place. During construction along the bike path at the toe of the SR 91 freeway and the maintenance road along the southeastern edge of SAVI Ranch the paths and trails will be temporarily closed due to the inability to create safe and acceptable detours in this area due to limited space. The Corp along with OCFCD shall work in conjunction with Harbors Beaches and Parks to create bike path detours within the construction areas. This should include the following items: ▪ Creation of paved, off road detour routes within construction areas. ▪ Signing ▪ Application and removal of pavement markings ▪ Construction scheduling ▪ Placement and maintenance of safety devices ▪ Roadway lighting, if necessary ▪ Traffic regulations The site will be monitored for evidence of user-created trails as a result of the detour. If evidence is found, security will be provided during daylight hours until the trail is reopened. Construction Management Plan Prior to Project Initiation OCFCD R-2 Not Applicable (Riverside County Alternatives) R-3 For Alternatives OC 3A and OC 3B, mitigation for the temporary impacts to Canyon RV Park within Featherly Regional Park shall include reasonable efforts to coordinate construction activities with the operation to the RV Park in order to minimize impacts. Construction Management Plan Prior to Project Initiation OCFCD R-4 For all action alternatives, mature trees within the golf course, Featherly Regional Park, Chino Hills State Park and other public areas, if removed or damaged from project construction, shall be replaced. All reasonable efforts shall be made to avoid removing or damaging mature trees. Trees within Featherly Park that cannot be avoided shall be salvaged, if possible. If salvaging is not feasible, tree replacement shall be at a 3:1 ratio. Affected non-native trees shall be replaced with native species. All trees replaced will be monitored for one- year and replaced as necessary. Revegetation Plan During Grading and Construction OCFCD/ Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 11 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility Air Quality AQ-1 Develop and Implement a Fugitive Dust Emission Control Plan. The project developer shall develop and implement a Fugitive Dust Emission Control Plan (FDECP) for construction work. Measures to be incorporated into the plan shall include, but are not limited to the following: ▪ Water the unpaved road access and other disturbed areas of the active construction sites at least three times per day, or apply CARB certified soil binders. ▪ Enclose, or cover, or water three times daily, or apply non- toxic soil binders according to manufacturer’s specifications to exposed soil piles with a five percent or greater silt content. ▪ Install rumble plates and wheel washers/cleaners or wash the wheels/exteriors of trucks and other heavy equipment where vehicles exit the site or unpaved access roads and sweep paved streets daily with water sweepers if visible soil material from the construction sites or unpaved access roads are carried onto paved streets. The sweeping/cleaning of paved roads will be performed as necessary to clean trackout and haul truck spillage up to the freeway on/offramps along the access/egress routes to/from the site. ▪ Establish a vegetative ground cover or allow natural revegetation to occur on temporarily disturbed areas following the completion of construction (in compliance with biological resources impact mitigation measures), or otherwise create stabilized surfaces on all unpaved areas at each of the construction sites within 21 days after active construction operations have ceased. ▪ Increase the frequency of watering, or implement other additional fugitive dust mitigation measures, to all disturbed fugitive dust emission sources when wind speeds (as instantaneous wind gusts) exceed 25 miles per hour (mph). ▪ Travel route planning shall be completed to identify required travel routes to minimize unpaved road travel to each construction site to the extent feasible. ▪ All mitigation measures incorporated into the fugitive dust plan will be as stringent as or more stringent than the Best Available Control Measures (BACM) required by SCAQMD Rule 403. Fugitive Dust Emission Control Plan During Grading and Construction OCFCD/ Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 12 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility AQ-2 Restrict engine idling. Diesel engine idle time shall be restricted to no more than 10 minutes duration. This is not required for trucks that require engines to be on while waiting onsite, such as concrete trucks. On-site Monitoring During Grading and Construction Construction Contractor AQ-3 Use lower emitting off-road diesel-fueled equipment. All off-road construction diesel engines not registered under CARB’s Statewide Portable Equipment Registration Program, which have a rating of 50 horsepower (hp) or more, shall meet, at a minimum, the Tier 2 California Emission Standards for Off- Road Compression-Ignition Engines as specified in California Code of Regulations, Title 13, section 2423(b) (1) unless that such engine is not available for a particular item of equipment. In the event a Tier 2 engine is not available for any off-road engine larger than 100 hp, that engine shall be equipped with a Tier 1 engine. In the event a Tier 1 engine is not available for any off-road engine larger than 100 hp, that engine shall be equipped with a catalyzed diesel particulate filter (soot filter), unless certified by engine manufacturers that the use of such devices is not practical for specific engine types. Equipment properly registered under and in compliance with CARB’s Statewide Portable Equipment Registration Program are considered to comply with this mitigation measure. This measure does not apply to construction equipment that are active at the site for less than two weeks total duration and specific exceptions to these requirements may be allowed on a case by case basis in the determination of extreme financial difficulty for subcontractors that are using specialized self - owned construction equipment. On-site Monitoring During Grading and Construction Construction Contractor AQ-4 Use on-road vehicles that meet California on-road standards. All on-road construction vehicles working at the site for more than two weeks shall meet all applicable California on-road emission standards. This does not apply to construction worker personal vehicles. Construction Management Plan During Grading and Construction Construction Contractor AQ-5 Use lower emitting off-road gasoline-fueled construction equipment. All off-road stationary and portable gasoline powered construction equipment shall have EPA Phase 1/ Phase 2 compliant engines, where the specific engine requirement shall be based on the new engine standard in effect two years prior to the initiating project construction. On-site Monitoring During Grading and Construction Construction Contractor AQ-6 Schedule deliveries outside of peak hours. All material deliveries to the project site shall be scheduled to occur outside of peak “rush hour” traffic hours (7:00 to 10:00 a.m. and 4:00 to 7:00 p.m.) to the extent feasible, and other truck trips during peak traffic hours shall be minimized to the extent feasible. Construction Management Plan During Grading and Construction Construction Contractor AQ-7 Compliance with conditions AQ-1 through AQ-6 shall be monitored by a compliance monitor(s) employed by the project sponsor or through a third party contract required for the prime construction contractor. The compliance monitor(s) shall be On-site Monitoring During Grading and Construction OCFCD/ Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 13 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility stationed as a full-time employee(s) at the construction site, but may have duties other than monitoring compliance with these conditions. Records of compliance with these conditions shall be kept available on-site if a construction office is maintained on-site or otherwise made available upon request of the Corps or the project sponsor. Noise and Vibration NV-1 Minimize concurrent activities during the open cut trenching task and avoid concentrating the activities at the same location as much as possible. Construction Management Plan During Grading and Construction Construction Contractor NV-2 Equip all equipment used on the site with effective mufflers that are in good condition and are tuned according to manufacturers’ specifications. On-Site Monitoring During Grading and Construction Construction Contractor NV-3 Locate stationary construction equipment away from sensitive receptors when possible. Construction Management Plan During Grading and Construction Construction Contractor NV-4 Place portable noise barriers or partial enclosures around the equipment with the openings facing away from the noise- sensitive receptors. These are effective especially for generators, compressors, and pumps that are stationary and operate continuously. Noise reductions up to 10 decibels can be achieved with simple barriers/enclosures constructed of materials such as 1” thick plywood. Another approach that has been used for a number of construction projects is temporary noise barriers constructed of mass-loaded vinyl “curtains” that are held in place by a metal framework. The curtain material is returned to the supplier once the construction project is complete. Construction Management Plan During Grading and Construction Construction Contractor NV-5 Use street-level truck enclosures for truck loading and restrict truck engine idling near loading sites. On-site Monitoring During Grading and Construction Construction Contractor NV-6 Shut off noise-generating equipment and machinery when it is not in use. If shutting off equipment is not possible, run them on the lowest setting. On-site Monitoring During Grading and Construction Construction Contractor NV-7 Minimize the use of backup alarms. On-site Monitoring During Grading and Construction Construction Contractor NV-8 Reduce noise from concrete and asphalt removal operations by lining hoppers and truck beds with rubber to minimize the noise of spoils being deposited into hoppers and trucks. Construction Management Plan During Grading and Construction Construction Contractor NV-9 Routes and times of equipment delivery trucks, water trucks and hauling trucks must be carefully planned to avoid streets along residences when possible. Avoid delivering construction equipment and field supplies on Sundays and after hours during weekdays. Construction Management Plan/ Project Schedule During Grading and Construction Construction Contractor NV-10 Submit a noise control plan to the resident engineer and that the plan be approved prior to the start of construction. Features that should be included in the noise control plan are: ▪ List of all major noise generating equipment that will be used on the site for each phase of construction. Noise Control Plan Prior to Project Initiation Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 14 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility ▪ Noise predictions at each of the sensitive receptors that were identified in this report for each major phase of the construction. ▪ Locations, heights and materials for noise barriers. ▪ Schedule for installing noise barriers. ▪ Other mitigation measures that will be used. These might include use of temporary noise barriers for stationary equipment, use of low-noise equipment or highly efficient mufflers, and alternative construction methods. NV-11 Barring unforeseen emergencies, equipment maintenance should not be conducted at night. Equipment maintenance would include use of such tools as impact wrenches, cutoff saws, jackhammers, grinders, hammers, drills, etc. Noise Control Plan/ On-site Monitoring During Grading and Construction Construction Contractor NV-12 Ventilation fan noise should be controlled such that the noise from the fan does not exceed 45 dBA during the daytime, and the fan noise should not include audible tonal components. Noise Control Plan/ On-site Monitoring During Grading and Construction Construction Contractor NV-13 Shaft and manhole construction, sound barriers, enclosures, and engine exhaust silencers should be used with compressors, generators, cranes and any other stationary equipment to limit noise to a maximum of 70 dBA at residential boundaries for daytime operations. Noise Control Plan/ On-site Monitoring During Grading and Construction Construction Contractor NV-14 Residents should be advised of the potential to experience vibration from sheet pile operations and tunneling operations, and the fact that buildings can withstand much higher vibration than that which is merely perceptible. Notice of Construction Prior to Project Initiation OCFCD NV-15 Coordinate the construction activities with the property owners when construction is performed near the RV Park (sensitive receptor R7) so that patrons of the park camp as far away from the construction activities as possible. Construction Management Plan During Grading and Construction Construction Contractor NV-16 Temporary Sound Barrier for sensitive receptor R7: A 10-foot high temporary sound barrier will be used at property line of the RV Park (sensitive receptor R7). Noise Control Plan During Grading and Construction Construction Contractor Transportation and Traffic TT-1 Public streets shall be kept operational during construction, particularly during the morning and evening peak hours of traffic. Lane closures shall be minimized during peak traffic hours. Traffic Control Plan During Grading and Construction Construction Contractor TT-2 Measures to provide an adequate level of access to private properties shall be maintained to allow delivery of emergency services. Traffic Control Plan During Grading and Construction Construction Contractor TT-3 Short-term construction impacts and closures to the bikeway paralleling La Palma Avenue shall be mitigated with detours, signage, flagmen and reconstruction as appropriate. Traffic Control Plan During Grading and Construction Construction Contractor TT-4 Traffic control plans shall be prepared by a qualified professional engineer as required prior to the construction phase of each sewer line project. Traffic Control Plan Prior to Project Initiation Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 15 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility TT-5 Traffic control plans shall consider the ability of alternative routes to carry additional traffic and will identify the least disruptive hours for access routes to the construction site, and the type and locations of warning sings, lights, and other traffic control devices. Consideration will be given to maintain access to commercial parking lots, private driveway, sidewalks, bikeways, and equestrian trails to the greatest extent possible. Traffic Control Plan Prior to Project Initiation Construction Contractor TT-6 Encroachment permits for all work within public rights-of-way shall be obtained from each appropriate agency prior to commencement of any construction. Agencies could include Caltrans, OCFCD, and the various city agencies where work will occur. The local sponsor will comply with traffic control requirements, as identified by Caltrans and the affected local jurisdictions. Encroachment Permits Prior to Project Initiation OCFCD TT-7 Traffic control plans shall comply with the Work Area Traffic Control Handbook and/or the Manual on Uniform Traffic Control Devices, as determined by each affected local agency, to minimize any traffic and pedestrian hazards that exist during project construction. Traffic Control Plan Prior to Project Initiation Construction Contractor TT-8 Public roadways shall be restored to their existing condition after project construction is completed. Traffic Control Plan Upon Project Completion Construction Contractor TT-9 The local sponsor shall attempt to schedule construction of relief facilities to occur jointly with other public works project already planned in the affected locations through careful coordination with all local agencies involved. Project Schedule Prior to Project Initiation OCFCD TT-10 Emergency service purveyors shall be contacted and consulted to preclude the creation of unnecessary traffic bottlenecks that will seriously impede response times. Additionally, measures to provide an adequate level of access to private properties shall be maintained to allow delivery of emergency services. Notice of Construction Prior to Project Initiation OCFCD TT-11 Orange County Transportation Authority (OCTA) shall be contacted when construction affects roadways that are part of the OCTA bus transit network. Adequate procedures shall be implemented to keep bus routes and stations accessible to users. Notice of Construction Prior to Project Initiation OCFCD TT-12 Construction traffic, mainly trucks, shall be routed in a way to minimize impacts related to sensitive neighborhoods. In addition, storage and staging of materials and equipment shall be done after obtaining a Temporary Use Permit, when needed. Traffic Control Plan During Grading and Construction Construction Contractor TT-13 An effort shall be made to solicit input from residents in the neighborhoods of the proposed improvements. These inputs shall be considered in the planning phase through construction to mitigate the resident’s concern. Public Workshops Prior to Project Initiation/ During Grading and Construction OCFCD TT-14 For sewer improvements that occur within railroad rights-of-Encroachment Permit Prior to Project Initiation OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 16 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility way, the local sponsor shall follow the Southern California Regional Rail Authority (SCRRA) procedures for right-of-way encroachment – SCRRA Form No.36. The procedures for temporary encroachment calls for: (1) the submittal of a written statement on the reason and location of the encroachment; (2) a completed and executed SCRRA Form No. 6, Right-of Entry Agreement; (3) plan check, inspection, and flagging fees; and (4) insurance certificates as described in the Right-of-Entry Agreement. Per SCRRA Form No.6, the local sponsor must comply with the rules and regulations of this agreement at all times when working on SCRRA property, including those outlines in the “Rules and Requirements for Construction at Railway Property, SCRRA Form No.37” and “General Safety Regulations for Construction/Maintenance Activity on Railway Property”. TT-15 Where lane closures are necessary for construction of sewer improvement projects, all construction equipment shall be staged within the closed lanes or in staging areas out of city streets. Construction Management Plan During Grading and Construction Construction Contractor TT-16 Where lane or road closures are necessary for construction of sewer improvement projects, adequate signage shall be provided informing local residents and business-owners of construction activities prior to commencement of construction activities. Traffic Control Plan During Grading and Construction Construction Contractor TT-17 Where land or road closures are necessary for construction of sewer improvement projects, cones and/or traffic guards shall be employed to clearly indicate the locations and directions of temporarily altered traffic lanes. Traffic Control Plan During Grading and Construction Construction Contractor TT-18 The construction technique for the implementation of the proposed sewer lines, such as tunneling, cut-and-cover with partial street closure, or cut-and-cover with full street closure, shall include consideration of the ability of the roadway system, both the street in question and alternate routes, to carry existing traffic volumes during project construction. If necessary, adjacent parallel streets will be selected as alternate alignments for the proposed sewer improvements. As required by local jurisdictions, trunk sewers will be jacked under select major intersections to avoid traffic disruption and congestion. Plans and Specifications Prior to Project Initiation OCFCD TT-19 Public streets generally shall be kept operational during construction, particularly in the morning and evening peak hours of traffic. Lane closures shall be minimized during peak traffic hours. Traffic Control Plan During Grading and Construction Construction Contractor TT-20 Where road closures are necessary for construction of sewer improvement projects, signage will be posted informing motorists of road closures and delineating suitable detours both prior to and during the duration of construction activities. Prior to initiating a road closure, coordination shall occur with Traffic Control Plan During Grading and Construction Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 17 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility local jurisdictions, including Caltrans. Utilities U-1 For segments with adverse impacts, the following mitigation measures shall be Implemented: ▪ Utility excavation or encroachment permits shall be received from the appropriate agencies. The Local Sponsor and its contractor shall comply with permit conditions and such conditions shall be included in the contract specifications. ▪ Utility locations shall be verified through field surveys. ▪ Detailed specifications shall be prepared as part of the design process to include procedures for the excavation, support, and fill of areas around utility cables and pipelines. All effected utility services shall be notified of OCFCD construction plans and schedule. Arrangements shall be made with these entities regarding protections, relocation, or temporary disconnection of services. Utility and/or Encroachment Permit During Grading and Construction OCFCD U-2 In order to reduce potential impacts associated with utility conflicts, the following measures shall be implemented in conjunction with those outlined above: ▪ Disconnected cables and pipelines shall be promptly reconnected. ▪ The Local Sponsor shall observe California Department of Health Services (DOHS) standards which require 1) a 10 foot horizontal separation between parallel wastewater and water mains and 2) one foot vertical separation between perpendicular wastewater and water line crossings. In the event that the separation requirements cannot be maintained, the Local Sponsor shall obtain DOHS variance through provisions of water encasement, or other means deemed suitable by DOHS, and 3) encasing water mains in protective sleeves where a new wastewater main crosses under or over an existing water main. Plans and Specifications Prior to Grading OCFCD U-3 The construction contractor shall comply with the Local Sponsor requirements and specifications to protect existing utility lines. Plans and Specifications During Grading and Construction Construction Contractor U-4 The Local Sponsor shall coordinate with all affected agencies (e.g., The Metropolitan Water District of Southern California, Southern California Edison Company, Southern California Gas Company, Orange County Flood Control District, Orange County Public Facilities Resources Department, etc) to ensure Public Agency Coordination Prior to Grading OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 18 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility compatibility and joint use feasibility with existing and future projects. Public Safety PS-1 The contractor shall provide a copy of the Traffic Control Plan to the Sheriff’s department, local police departments, and fire departments prior to construction. The local sponsor shall provide 72-hour notice of construction to the local service providers of individual pipeline segments. Traffic Control Plan Prior to Grading Construction Contractor PS-2 Access to fire stations and emergency medical facilities shall be maintained on a 24-hour basis and at least once access to medical facilities shall be available at all times during construction. The local sponsor shall notify appropriate officials at the medical facility regarding construction schedule. Traffic Control Plan During Grading and Construction Construction Contractor PS-3 Construction areas shall be secured or trenches shall be promptly backfilled after pipeline installation. If installation is incomplete, steel trench plates shall be used to cover open trenches as appropriate for the specific site. Plans and Specifications During Grading and Construction Construction Contractor PS-4 Construction contractors shall ensure that adequate barriers are established to prevent pedestrians from entering the open trenches of an active construction area. Warning will be posted sufficient distances from the work area to allow pedestrians to cross the street at controlled intersections. Plans and Specifications During Grading and Construction Construction Contractor PS-5 To ensure aesthetic consistency and public safety, construction contractors will restore disturbed areas along the alignment as mutually agreed by the local sponsor and local jurisdictions prior to construction. Revegetation Plan Prior to Construction Construction Contractor PS-6 Construction contractors shall be responsible for providing appropriate security measures for all equipment staging and/or storage areas needed for sewer improvement projects. Construction Management Plan During Grading and Construction Construction Contractor PS-7 Construction contractors shall dispose of construction refuse at approved disposal locations. Contractors will not be permitted to dispose of construction debris in residential or business containers. Compliance with Federal, State and Local Regulations During Grading and Construction Construction Contractor PS-8 Construction contractors shall be required to keep construction and staging areas orderly, free of trash and debris. Construction Management Plan During Grading and Construction Construction Contractor PS-9 A detailed study identifying utilities along the pipeline routes shall be conducted during the design stages of sewer improvement projects. For segments with potential adverse impacts, the following mitigations shall be implemented. ▪ Utility excavation or encroachment permits shall be required from the appropriate agencies. These permits include measures to minimize utility disruption. The local sponsor and its contractors will shall comply with permit conditions, and such conditions shall be included in construction contract specifications. Detailed Utility Survey/ Utility Excavation and Encroachment Permit Prior to Grading OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 19 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility ▪ Utility locations shall be verified through field surveys. ▪ Detailed specifications shall be prepared as part of the design plans to include procedures for the excavation, support, and fill of areas around utility cables and pipes. All affected utility services shall be notified of local sponsor construction plans and schedule. Arrangements shall be made with these entities regarding protection, relocation, or temporary disconnection of services. PS-10 To reduce potential impacts associated with utility conflicts, the following measures shall be implemented in conjunction with Mitigation Measure PS-9. ▪ Disconnected cables and lines will be promptly reconnected. ▪ The local sponsor will observe Department of Health and Safety (DHS) standards, which require a 10-foot- horizontal separation between parallel sewer and water mains and 1-foot vertical separation between perpendicular water and sewer line crossings. In the event that the separation requirements cannot be maintained, the local sponsor shall obtain DHS variance through provisions of water encasement, or other means deemed suitable by DHS, and be encasing water mains in protective sleeves where a new sewer force main crosses under or over an existing sewer main. Plans and Specifications Prior to Grading OCFCD PS-11 The construction contractor will comply with the local sponsor requirements and specifications to protect existing utility lines. The local sponsor will coordinate with other jurisdictions as required to ensure compatibility and joint-use feasibility with existing and future projects. Plans and Specifications During Grading and Construction Construction Contractor PS-12 Design documents shall be submitted to the Construction Site Review staff of the State of California Department of Conservation, Division of Oil, Gas, and Geothermal Resources to identify wells within or in close proximity to project boundaries and to accurately plot them on project maps. The submittal shall provide all information outlined in the Division publication entitled, “Construction Project Site Review and Well Abandonment Procedure.” Building over or in the proximity of idle or plugged and abandoned wills will be avoided if at all possible. If this is not possible, it may be necessary to plug or re-plug wells to current Division specifications. If the State Oil and Gas Supervisor determines that construction over or in the proximity of wells could result in a hazard, the reabandonment of previously plugged and abandoned wells would be required. If construction over an abandoned will is unavoidable an adequate gas venting Plans and Specifications Prior to Grading OCFCD Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 20 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility system should be placed over the well. Furthermore, if any plugged and abandoned or unrecorded wells are damaged or uncovered during excavation or grading, remedial plugging operations may be required. If such damage or discovery occurs, the Division’s district office must be contacted to obtain information on the requirements for and approval to perform remedial operations. Aesthetics A-1 Construction contractors shall keep construction and staging areas orderly, free of trash and debris. Construction Management Plan During Grading and Construction Construction Contractor Cultural Resources CR-1 Construction will be monitored by a qualified archeologist meeting the Secretary of the Interior’s Standards. In the event that previously unknown cultural resources are encountered, construction in that particular area will cease until the requirements of 36 CFR 800.13 are met. Pursuant to 36 CFR 800.13(2), in the event of any discoveries during construction of either human remains, archeological deposits, or any other type of historic property, the local agency shall notify the Corps of Engineers Archeology Staff. The agency shall immediately suspend all work in an area(s) where potential cultural resources are discovered. Work will not resume in the area surrounding the potential cultural resources until the Corps re- authorizes project construction, per 36 CFR 800.13(2). On-site Monitoring Plan During Grading and Construction Construction Contractor CR-2 In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and (B) If the coroner determines the remains to be Native American: 1. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended On-site Monitoring Plan During Grading and Construction Construction Contractor Mitigation Monitoring and Reporting Program Santa Ana River Interceptor Line (SARI) Protection/Relocation Project Page 21 No. Mitigation Measure Implementing Action Timing of Implementation Responsibility from the deceased Native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission. (B) The descendant identified fails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Hazardous Waste HZ-1 Transportation of hazardous materials will be in accordance with all federal, state, and local regulations. Compliance with Federal, State and Local Regulations During Grading and Construction Construction Contractor HZ-2 Prior to storage of hazardous materials, a Hazardous Materials Inventory and Business Emergency Plan will be filed with the Orange County Fire Authority and the Riverside County Fire Department. Hazardous Materials Inventory and Business Emergency Plan Prior to Storage of Hazardous Materials Construction Contractor HZ-3 In the event of an accidental spill, containment and cleanup will occur in conformance with the spill response and waste disposal procedures identified in the Material Safety Data Sheets (MSDS) and in the Business Emergency Plan. Business Emergency Plan In the Event of Accidental Spill Construction Contractor HZ-4 Disposal of hazardous waste generated as part of construction or operation activities will occur at a properly permitted facility in accordance with federal and state laws. Compliance with Federal and State Regulations During Grading and Construction Construction Contractor HZ-5 Should construction activities uncover previously unidentified oil production wells, the Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) will be notified, and the well will be abandoned following DOOGR specifications for well abandonment. On-Site Monitoring Plan During Grading and Construction Construction Contractor Statement of Overriding Considerations Santa Ana River Interceptor (SARI) Protection/Relocation Statement of Overriding Considerations Santa Ana River Interceptor (SARI) Protection/Relocation Page 1 STATEMENT OF OVERRIDING CONSIDERATIONS FOR FINAL SEIS/EIR FOR SANTA ANA RIVER INTERCEPTOR LINE (SARI) PROTECTION/RELOCATION ORANGE COUNTY, CA STATEMENT OF OVERRIDING CONSIDERATIONS The County of Orange is the Lead Agency under CEQA for preparation, review and certification of the Final EIR for the project. As the Lead Agency, the County is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the County is guided by CEQA Guidelines Section 15093 which provides as follows: 1. CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” 2. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. 3. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the County of Orange has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The County also has examined alternatives to the proposed Project, none of which both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The Orange County Board of Supervisors, acting as Lead Agency, and having reviewed the Final SEIS/EIR for the SARI Protection/Relocation Project, and reviewed all written materials within the County’s public record and heard all oral testimony presented at public hearings, adopts this Statement of EXHIBIT E Statement of Overriding Considerations Santa Ana River Interceptor (SARI) Protection/Relocation Statement of Overriding Considerations Santa Ana River Interceptor (SARI) Protection/Relocation Page 2 Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. 10.1.1 Significant Unavoidable Adverse Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency, however, even with implementation of the measures, the County finds that the impact cannot be reduced to a level of less than significant. For other impacts, no feasible mitigation measures were identified and no feasible alternatives were identified that would avoid or minimize these impacts. The impacts are described below and were also addressed in the Findings. The Final SEIS/EIR identified the following unavoidable adverse impacts of the proposed Project: Implementation of Alternative OC 3B will result in potentially significant unavoidable air quality impacts, even after implementation of feasible mitigation measures. The emissions for NOx, VOC, PM10, and PM2.5 will remain above the SCAQMD daily significance threshold values. Therefore, the daily emissions from this alternative would cause significant and unavoidable impacts. 10.1.2 Public Benefits The County of Orange, after balancing the specific economic, legal, social, technological, and other benefits of the proposed SARI Protection/Relocation Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project. 1. The SARI Protection/Relocation Project will allow for full releases up to 30,000 cubic feet per second (CFS) without damage to the SARI Line, which is a key portion of the Santa Ana River Project that will provide regional flood protection in the area. 2. The SARI Protection/Relocation Project reduces the potential of a rupture in the SARI Line, which would result in negative impacts to water quality, water supply, public health, and fish and wildlife species. 3. The SARI/Protection/Relocation Project would provide a sewer line connection to users currently using septic systems, which would result in improved water quality. In addition, the project would also serve future planned and approved developments. The County of Orange hereby finds that all feasible mitigation measures identified in the Final SEIS/EIR have been and will be implemented with the Project, and that any significant unavoidable effects remaining are acceptable due to the above stated specific economic, social and other considerations, based upon the facts set forth above, in the Final SEIS/EIR and in the public record of the consideration of the SARI Protection/Relocation Project.