HomeMy WebLinkAboutOC SAN 21-03 RESOLUTION NO. OC SAN 21-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT CERTIFYING
THE ENVIRONMENTAL IMPACT REPORT FOR THE BAY
BRIDGE PUMP STATION AND FORCE MAINS
REPLACEMENT PROJECT, PROJECT NO. 5-67;
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM; AND APPROVING THE BAY BRIDGE PUMP
STATION AND FORCE MAINS REPLACEMENT PROJECT,
PROJECT NO. 5-67
WHEREAS, the Orange County Sanitation District (the "District") is presently
considering the approval of a project known as the Bay Bridge Pump Station and Force
Mains Replacement Project, Project No. 5-67 (the "Project");
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Sections 21000 et seq. ("CEQA")) and the CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000 et seq.), the District, as lead agency,
prepared a Draft 2020 Recirculated Environmental Impact Report ("2020 REIR") (State
Clearinghouse Number 2016111031 ) that reflected the independent judgment of the
District as to the potential environmental impacts of the Project. The 2020 REIR
determined that the Project would not have significant impacts on the environment with
the incorporation of feasible mitigation measures, and therefore the District has not
prepared a Statement of Overriding Considerations for the Project;
WHEREAS, the District has consulted with other public agencies and the general
public, and provided such agencies and the public with the opportunity to provide written
comments on the Project and the Environmental Impact Report as required by CEQA,
including, without limitation, a public review period of 45 days which commenced on
August 7, 2020 and ended on September 21 , 2020;
WHEREAS, on September 21, 2020, District staff held a public meeting to provide
a further opportunity for public agencies and the general public to comment on the Draft
2020 REIR;
WHEREAS, the District has reviewed the comments received and has responded
in the Final Environmental Impact Report to all significant environmental issues raised
during the public comment period;
WHEREAS, the comments received on the Draft 2020 REIR, either in full or in
summary, together with the District's responses, have been included in the Final
Environmental Impact Report for the proposed Project; and
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WHEREAS, the Final 2020 Environmental Impact Report, including the comments
received by the District on the Draft 2020 REIR, has been presented to the District's Board
of Directors (the "Board") for review and consideration prior to the approval of, and
commitment to, the Project, and the certification of the Final 2020 Environmental Impact
Report, and approval of the Mitigation Monitoring and Reporting Program is consistent
with the provisions of CEQA.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
1. The Board of Directors certifies that the Final 2020 Environmental Impact
Report, including comments and responses thereto, has been completed in
compliance with CEQA;
2. The Board of Directors has independently reviewed and considered the Final
Environmental Impact Report together with all comments received during the
public review process;
3. The Final Environmental Impact Report reflects the independent judgment and
analysis of the Board;
4. The Board of Directors adopts the Findings of Fact for the Project attached
hereto as Exhibit A and incorporated herein by reference;
5. The Board of Directors finds on the basis of the whole record before it that there
is no substantial evidence that the Project, as mitigated, will have a significant
impact on the environment;
6. The Board of Directors adopts the Mitigation Monitoring and Reporting Program
(the "MMRP"), included in the Final Environmental Impact Report, to ensure
that all mitigation measures identified in the Mitigated Negative Declaration are
implemented;
7. The Final Environmental Impact Report has been completed in compliance with
the requirements of CEQA and is hereby Certified;
8. The Board of Directors approves the Bay Bridge Pump Station and Force Mains
Rehabilitation Project;
9. The documents and other materials that constitute the record of proceedings
on which the Board of Directors decision is based are located at the District
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Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the
custodian for these documents is the Clerk of the Board; and
10.District staff is authorized and directed to file the Notice of Determination (NOD)
and any other documents in accordance with the requirements of CEQA.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Orange
County Sanitation District held February 24, 2021.
a"'�d s�
David John Shawver(Feb 25,202112:34 PST)
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
Bradley R. Hogin
General Counsel
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STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 21-03 was passed
and adopted at a regular meeting of said Board on the 24th day of February 2021 , by
the following vote, to wit:
AYES: Brad Avery, Stacy Berry, Art Brown, Kim Carr, Doug
Chaffee, Mark Chirco, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper,
Johnathan Ryan Hernandez, Brooke Jones, Steve
Jones, Anthony Kuo, Sandra Massa-Lavitt, Andrew
Nguyen, Robert Ooten, Glenn Parker, David Shawver,
Jesus Silva, Chad Wanke and John Withers
NOES: None
ABSENT: Rose Espinoza, Kim Nichols and Chad Zimmerman
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 24th day of February, 2021 .
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
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FACTS AND FINDINGS
REGARDING THE
ENVIRONMENTAL EFFECTS FOR THE
BAY BRIDGE PUMP STATION AND
FORCE MAINS REPLACEMENT PROJECT
SCH # 2016111031
Lead Agency:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, California 92708
Contact: Mr. Kevin Hadden
714.962.2411
January 2021
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This document is designed for double-sided printing to conserve natural resources.
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TABLE OF CONTENTS
1.0 STATEMENT OF FACTS AND FINDINGS .............................................................................1
1.1 Introduction............................................................................................................................1
1.2 Description of Proposed Project..........................................................................................2
1.3 Effects Determined to be Less Than Significant in the
Initial Study/Notice of Preparation.....................................................................................8
1.4 Effects Determined to Have No Impact or be Less Than Significant
inthe EIR .............................................................................................................................12
1.5 Effects Determined to be Mitigated to Less Than Significant Levels..........................16
1.6 Environmental Effects Which Remain Significant and
Unavoidable After Mitigation and Findings.....................................................................83
2.0 CERTIFICATION OF THE FINAL EIR...................................................................................83
2.1 Findings..................................................................................................................................83
2.2 Conclusions...........................................................................................................................84
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1.0 STATEMENT OF FACTS AND FINDINGS
1.1 INTRODUCTION
The following statement of facts and findings has been prepared in accordance with the California
Environmental Quality Act (CEQA), including Public Resources Code Section 21081. In the
Statement of Facts and Findings, the Lead Agency identifies a project's significant impacts, presents
facts supporting the conclusions reached in the analysis,makes findings for each impact,and explains
the reasoning behind the agency's findings.
CEQA Guidelines Section 15091 (a) provides that:
No public agency shall approve or carry out a project for which an EIR has been certified which identifies one
or more significant environmental 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 for each finding.
There are three possible findings pursuant to Section 15091 (a) of the CEQA Guidelines.
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility andjurisdiction of another public agency and
not the agency making the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
(3) Specific economic,legal,social, technological, or other considerations, including provision of employment
opportunities for highly trained workers,make infeasible the mitigation measures orpr iect alternatives
identified in the final EIR.
Where a project will cause unavoidable significant impacts,the Lead Agency may still approve a project
where its benefits outweigh the adverse impacts. As provided in the Statement of Overriding
Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against
effects, and approves the project.
It is important to note that the Bay Bridge Pump Station and Force Mains Replacement Pr iect Public Review
Draft 2020 Recirculated Environmental Impact Report (2020 Recirculated EIR) and Bay Bridge Pump Station
and Force Mains Replacement Pr elect Final Environmental Impact Report (Final EIR) (together referenced
herein as the EIR)prepared for the proposed Bay Bridge Pump Station and Force Mains Replacement
Project determined that no significant, unavoidable impacts would occur as a result of Project
implementation. Thus,while the preparation of a Statement of Facts and Findings is not mandatory
under CEQA, it has been prepared by the Orange County Sanitation District (OCSD) as a means of
further documenting impacts determined to be less than significant or less than significant upon
incorporation of mitigation.
Based upon a review of the EIR, OCSD finds that the EIR: (a) has assessed the potentially significant
environmental impacts of the Proposed Project in compliance with CEQA; (b) represents the
independent judgment of OCSD; and (c) sets forth an adequate range of alternatives to this Project.
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OCSD, the CEQA Lead Agency, finds and declares that the proposed Bay Bridge Pump Station and
Force Mains Replacement Project EIR (State Clearinghouse [SCH] No. 201611103) has been
completed in compliance with CEQA and the CEQA Guidelines.
The Final EIR is composed of the following elements:
• The Bay Bridge Pump Station and Force Mains Replacement Project Public Review Draft
2020 Recirculated Environmental Impact Report (August 2020);
• Responses to Comments;
• Errata; and
• Mitigation Monitoring and Reporting Program.
The remainder of this document is organized as follows:
1.2 Description of Project Proposed for Approval;
1.3 Effects Determined to be Less Than Significant in the Initial Study/Notice of Preparation;
1.4 Effects Determined to be Less Than Significant or Not Significant in the EIR;
1.5 Effects Determined to be Mitigated to Less Than Significant Levels;
1.6 Environmental Effects Which Remain Significant and Unavoidable After Mitigation and
Findings; and
1.7 Alternatives to the Proposed Project.
1.2 DESCRIPTION OF PROPOSED PROJECT
The Project would replace the existing Bay Bridge Pump Station and associated force mains to bring
the pump station facility and force mains to current design and reliability standards to ensure
continuous service for the Newport Coast service area ("Proposed Project")'.
Development of the Proposed Project would involve expanding the existing pump station facility site
approximately 100 feet to the west, constructing a new pump station building, and installing force
main improvements across the Newport Bay Channel south of Bay Bridge;refer to 2020 Recirculated
EIR Exhibit 3-4, Proposed Conceptual Site Plan. As shown on 2020 Recirculated EIR Exhibit 3-4, the
total area of potential disturbance proposed for the Proposed Project (yellow Project boundary) is
approximately 800,000 square feet (18 acres).
PUMP STATION
The Proposed Project would involve demolishing the existing pump station building and constructing
new pump station facilities including a pump station,generator, and odor control facilities within and
adjacent to the existing facility; refer to 2020 Recirculated EIR Exhibit 3-5, Adiacent Pumt) Station
Layout. The new, expanded pump station facility would be approximately 14,500 square feet in site
1 The Proposed Project is referred to as the"Adjacent Pump Station"in the EIR.
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area, as opposed to approximately 4,800 square feet under existing conditions (an increase of
approximately 9,700 square feet). OCSD would be required to negotiate and acquire the adjacent
property for use and access from the property owner (Bayside Village Marina, LLC). It should be
noted that OCSD has assumed a proposed square footage of 14,500 square feet in order to analyze a
conservative scenario in this 2020 Recirculated EIR. This square footage is considered conceptual
and may be subject to downward refinement during final design.
In addition, the new pump station would require the replacement of portions of the existing OCSD
gravity sewer system,which would be constructed to convey wastewater to the new pump station wet
well. These gravity sewer improvements include installing 50 linear feet (LF) of 36- or 42-inch sewer
lines within East Coast Highway and OCSD property.
Primary access to the proposed pump station would be provided via a shared driveway from Bayside
Drive through Bayside Village Marina,LLC property with secondary access via the existing driveway
from East Coast Highway;refer to 2020 Recirculated EIR Exhibit 3-5.
The existing pump station has three large and two smaller duty variable frequency drive(VFD)pumps.
Currently, two of the large VFD pumps (sized at 250 horsepower [HP] each) convey full peak wet
weather flows and one of the smaller duty VFD pumps (50 HP each) conveys low flows. OCSD
recently added the third large standby pump to the existing pump station for additional redundancy
during peak wet weather flow. Therefore, the new pump station would be sized to house all pumps
and provide the desired contingency and redundancy to maintain uninterrupted service. All the
facilities would be placed within the new pump station, including a new pump station building with
an electrical room and a generator building with an odor control facility. The proposed pump station
would include features, architecture, and screening consistent with the Back Bay Landing Planned
Community Development Plan (PCDP) and associated design guidelines to ensure consistency with
surrounding future development.
Pump Station Mechanical Room and Wet Well
The proposed pump station building would be constructed with a below-grade dry-pit mechanical
room,which would house the pumps, motors, and other mechanical equipment, and an above grade
building that would house the electrical equipment, instrumentation, control equipment, and
restroom. An underground wet well would be constructed adjacent to the mechanical room in an
orientation similar to the existing pump station. A total of five VFD pumps would be installed to
meet existing peak flow of 18.2 million gallons per day (MGD) and provide required
contingency/redundancy, similar to the existing pump station.
Pump Station Electrical Room
The electrical room associated with the proposed pump station would be located above the mechanical
room referenced above. Ancillary equipment within the electrical room would include electrical
breakers,lighting control panel, closed-circuit television equipment,work areas, and storage space.
Pump Station Generator Facility
A 760-square foot backup generator facility would be built adjacent to the proposed pump station
building. A 750-kilowatt diesel backup generator would be provided to handle the power requirement
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of the new pump station running at full capacity should Sothern California Edison power go down.
The backup generator would have a two-hour day tank and be paired with a fuel tank which would
allow the pump station to run on backup power for approximately 24 hours of operational
redundancy.
Pump Station Odor Control
A new 1,300-square foot odor control facility would be built adjacent to the new pump station within
the same building as the generator facility. It would hold a multi-stage vapor-phase odor control
scrubber system,which would remove odorous compounds from the incoming waste stream. Two
10-foot diameter tanks would accommodate liquid phase odor control. Anticipated chemicals to be
utilized and/or stored at the odor control facility include bioxide, magnesium hydroxide, ferric
chloride, and/or pure oxygen; however,it is acknowledged that the specific chemicals used for odor
control purposes may change depending on the availability of technologies at a given time, such as
other chemicals with potentially increased effectiveness,and compliance with Federal,State,and local
laws and regulations for the handling/storage/use of such hazardous materials, such as restrictions on
which chemicals may be transported on local or regional roadways.
FORCE MAIN IMPROVEMENTS
The Proposed Project would connect to the existing OCSD force main system to the west by installing
1,500 LF of dual force mains (up to 32 inches in diameter) across the Newport Bay Channel south of
Bay Bridge. The Project would involve microtunneling or open trench cutting under East Coast
Highway, to the southside of the bridge,where dredging would occur under Newport Bay Channel.
Dredging involves placement of a dredge (boat)with a submersible pump to suction out sediments at
the bottom of the Newport Bay Channel. Microtunneling is a remote-controlled, continuously
supported pipe jacking method. Microtunneling operations are managed by an operator in an above
ground control container alongside of the shaft. Soil excavation takes place by way of infusing the
soil with slurry at the face of the bore and cuttings are forced into slurry inlet holes in the
Microtunneling Bore Machines crushing cone for circulation to and from a separation plant through
a closed system. Areas where the pipe is microtunneled may require a casing pipe as large as 72 inches
in diameter,which has been evaluated throughout this EIR as a worst-case scenario.
Portions of the adjacent private property (currently a RV storage area) and Lower Castaways Park
could be temporarily utilized for construction staging,if these areas are available during construction
of the Proposed Project;refer to Construction,below.
ACCESS, EASEMENTS,AND PROPERTY ACQUISITION
Development of the Proposed Project would require approval of easements, permits, and property
acquisitions potentially including,but not limited to:
City of Newport Beach
• Temporary easement for potential construction staging at Lower Castaways Park;
Caltrans
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• Encroachment permit for construction activities occurring on Coast Highway;
Bayside Village Marina,LLC
• Fee acquisition for the new pump station site;
• Temporary and permanent easement for construction and operational access to the Project
site;
The Irvine Company
• Temporary and permanent easement for construction and operational access to proposed
force mains; and
Bay Shores Community Association
• Temporary and permanent easement for construction and operational access to proposed
pipelines on the west side of the Newport Bay Channel.
CONSTRUCTION
Construction activities associated with the Proposed Project, including pump station improvements,
gravity sewer improvements, and force main installation (via open trenching and/or microtunneling
and dredging),would encompass work areas on both sides of the Newport Bay Channel as illustrated
on 2020 Recirculated EIR Exhibit 3-6,AdiacentPumb Station Work Areas. Construction activities would
occur during weekdays (between 7:00 a.m. and 6:30 p.m.) and Saturdays (between 8:00 a.m. and 6:00
p.m.), unless otherwise directed by the City of Newport Beach (pursuant to City Municipal Code
Section 10.28.040(D)(2)). However, it is acknowledged that due to the nature of microtunneling
installation,microtunneling is anticipated and assumed to occur 24 hours per day;As explained in the
EIR,it would take approximately two months to microtunnel across East Coast Highway.
Pump Station
The Proposed Project improvements would require approximately 4,200 cubic yards of cut and 700
cubic yards of fill. As noted above,the existing pump station facility would remain in service until the
new facilities have been constructed and commissioned. Once the new pump station is placed in
service,the existing pump station would be taken out of service and demolished. Construction access
would be provided via a driveway to the property along the west side of Bayside Drive. Any temporary
construction access through private property would be negotiated between OCSD and the property
owner.
In addition, modifications to the existing gravity sewer system would be required to route gravity
sewage flows to the new pump station's wet well. These pipes would be installed via open trench
excavation along East Coast Highway; refer to 2020 Recirculated EIR Exhibit 3-7, Adiacent Pum�J
Station Construction.
Force Main Improvements
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The Proposed Project's force main improvements across East Coast Highway would require either
microtunneling beneath the roadway or open cut trenching approximately 150 linear feet across the
roadway as shown on 2020 Recirculated EIR Exhibit 3-7. The force mains would then be installed
across the Newport Bay Channel via dredging,possibly with a coffer dam. This construction method
would require trenching approximately 700 feet long by 15 feet wide by 18 feet deep across the
Newport Bay Channel. Trenching would occur in two segments across the channel, a 400-foot
segment and a 300-foot segment. Each segment would be drained then trenched. Shoring of the
walls may be required to lay down the dual force mains. Dredging would require approximately 4,450
cubic yards of cut and 3,870 cubic yards of fill. These construction activities would take approximately
six months.
Temporary Lane Closures
Construction of the Proposed Project would require the following temporary lane closures:
• East Coast Higbwa : Temporary closure of traffic lane(s) to allow for construction of the gravity
sewer improvements and installation of force mains (if microtunneling is not used) for
approximately 131 non-consecutive days over the Project's 36-month construction period. A
minimum of one travel lane in each direction would remain open at all times.
• West Coast Highway: Temporary closure of one eastbound lane of traffic and bus turnout area
to allow for connection of the two force mains to the existing system for approximately 33
consecutive days during the Project's 36-month construction period.
OCSD would be required to develop a Traffic Control Plan for review and approval by Caltrans and
the City of Newport Beach,respectively,to ensure continuous access to surrounding routes and uses.
GOALS AND OBJECTIVES
Pursuant to Section 15124(b) of the CEQA Guidelines, the EIR project description must include "[a]
statement of objectives sought by the Proposed Project. The statement of objectives should include
the underlying purpose of the project."
As noted above, the Bay Bridge Pump Station is critical to OCSD operations as it conveys
approximately 50 to 60 percent of the total Newport Beach wastewater flow through the pump station
and these force mains. Because the Bay Bridge Pump Station and associated force mains are critical
elements to OCSD's Newport Coast collection backbone,it is imperative that the facility be upgraded
to ensure continuous service to the community and avoid spills for the next design lifespan (an
additional 50 years).
The Proposed Project's goals and objectives are as follows:
1. Increase reliability since the existing Bay Bridge Pump Station is over 50 years old, outdated,
and no longer meets structural, electrical, or maintenance standards. In addition, since the
existing force mains are located under the Newport Bay Channel, thorough inspection to
predict the remaining life span is not possible. Thus, replacement of the force mains would
reduce the risk of failure and prevent possible releases of sewage into the Newport Bay
Channel;
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2. Increase safety for OCSD Operations &Maintenance personnel by selecting an entry to and
exit from the site that can be accessed more easily and safely by maintenance crews and
drivers. The existing pump station is accessed directly from East Coast Highway,where
adjacent traffic creates safety hazards for OCSD vehicles. Maintenance trucks must
currently back into oncoming traffic to exit the site; and
3. Improve odor control through a new odor control facility,which houses a vapor-phase odor
control scrubber system that would remove odorous vapors from the incoming waste system
as well as two 10-foot diameter tanks to accommodate liquid phase odor control.
PERMITS AND APPROVALS
The applicable agency approvals and related environmental review/consultation requirements
associated with the Proposed Project may include the following, among others. It is not anticipated
that any other agencies would require use of the EIR in their decision-making process.
• CEQA Clearance—OCSD;
• Site Development Review Permit—City of Newport Beach;
• Limited Term Permit—City of Newport Beach;
• Encroachment Permits—City of Newport Beach and Caltrans;
• Permanent/Temporary Easements — City of Newport Beach, Bayside Village Marina, LLC,
The Irvine Company, and Bay Shores Community Association;
• Traffic Control Plan Approval—City of Newport Beach and Caltrans;
• Coastal Development Permit — California Coastal Commission and City of Newport Beach
(as required under the California Coastal Act,Public Resources Code Division 20);
• California State Lands Commission — Consultation with the County of Orange regarding
implementation of Newport Bay Channel force main crossing through tidelands and
submerged lands;
• California Department of Fish and Wildlife — Consultation regarding implementation of
Newport Bay Channel force main crossing;
• National Marine Fisheries Service—Dry dredging/shoring construction activities;
• Section 404 Permit — Army Corps of Engineers (required for dry dredging/shoring
construction activities);
• Section 401 Permit — Santa Ana Regional Water Quality Control Board (required for dry
dredging/shoring construction activities);
• Permit R8-2015-0004—Santa Ana Regional Water Quality Control Board;
• General Construction Permit—Santa Ana Regional Water Quality Control Board (as required
under National Pollutant Discharge Elimination System [NPDES] General Permit for Storm
Water Discharges Associated with Construction and Land Disturbance Activities (Order No.
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2009-0009-DWQ [as amended by 2010-0014-DWQ and 2012-006-DWQ], NPDES Number
CAS000002); and
• Permit to Construct (P/C) and Permit to Operate (P/O) — South Coast Air Quality
Management District.
1.3 EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN
THE INITIAL STUDY/NOTICE OF PREPARATION
OCSD prepared an Initial Study/Notice of Preparation for the Proposed Project to determine
potentially significant effects of the Proposed Project. The Initial Study/Notice of Preparation was
circulated for public review from November 10, 2016 through December 9, 2016. In the course of
this evaluation, certain impacts of the Proposed Project were found to be less than significant due to
the inability of a project of this scope to create such impacts or the absence of project characteristics
producing effects of this type. The following effects were determined not to be significant, and were
not analyzed in the 2020 Recirculated EIR;refer to U12endix 11.1,Initial Study/Notice of Preparation
and Comment Letters of the 2020 Recirculated EIR. As such, the Project would not result in
significant impacts involving the following:
AGRICULTURE AND FOREST RESOURCES
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,
to non-agricultural use.
Conflict with existing honing for agricultural use, or a Williamson Act contract.
Conflict with existing honing for, or cause rezoning of,forest land (as defined in Public Resources Code section
122200), timberland (as defined by Public Resources Code section 4526), or timberland Zoned Timberland
Production (as defined by Government Code section 511040).
Result in the loss of forest land or conversion of forest land to non forest use.
Involve other changes in the existing environment which, due to their location or nature, could result in conversion of
Farmland, to non-agricultural use or conversion of forest land to non forest use.
BIOLOGICAL RESOURCES
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation plan.
CULTURAL RESOURCES
Disturb any human remains, including those interred outside of formal cemeteries.
GEOLOGY AND SOILS
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Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving
rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. Refer to
Division of Mines and Geology Special Publication 42.
Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving
landslides.
Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal ystems
where sewers are not available for the disposal of waste water.
HAZARDS AND HAZARDOUS MATERIALS
Emit hazardous emissions or handle ha.Zardous or acutely ha.Zardous materials, substances, or waste within one-
quarter mile of an existing or proposed school.
For a pr ject located within an airport land use plan or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project result in a safety hazard for people residing or working
in the pr lect area.
For a pr lect within the vicinity of a private airstrip, would the pr lect result in a safety ha.Zard forpeople residing
or working in the project area.
Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where
wildlands are adjacent to urban.Zed areas or where residences are intermixed with wildlandr
HYDROLOGY AND WATER QUALITY
Substantially depletegroundwater supplies or interfere substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre-
existing nearby wells would drop to a level which would not support existing land uses or planned uses for which
permits have been granted.
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in
flooding on-site or off-site.
Otherwise substantially degrade water quality.
Place housing within a 100year flood ha.Zard area as mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood ha.Zard delineation map.
Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam.
Inundation by seiche, tsunami, or mudflow.
LAND USE AND RELEVANT PLANNING
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Pbysicaly divide an established community.
Conflict with any applicable habitat conservation plan or natural community conservation plan.
MINERAL RESOURCES
Result in the loss of availability of a known mineral resource that would be of value to the region and the residents
of the state.
Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan.
NOISE
For a pr ject located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport orpublic use airport; would the project expose people residing
or working in the project area to excessive noise levels.
For a pr ject within the vicinity of a private airstrip, would the project expose people residing or working in the
pr lect area to excessive noise levels.
POPULATION AND HOUSING
Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through extension of roads or other infrastructure).
Displace substantial numbers of existing housing necessitating the construction of replacement in elsewhere.
Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.
PUBLIC SERVICES
Result in substantial adverse physical impacts associated with the provision of new orphysically alteredgovernmental
facilities, need for new orphysically alteredgovernmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives
for any of the public services:
• Fire protection.
• Police protection.
• Schools.
• Parks.
• Otherpublicfacilities.
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RECREATION
Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be accelerated.
Include recreational facilities or require the construction or expansion of recreational facilities which might have an
adverse physical effect on the environment.
TRANSPORTATION/TRAFFIC
Conflict with an applicable congestion managementprogram, including but not limited to level of service standards
and travel demand measures, or other standards established by the county congestion management agency for
designated roads or highways.
Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that
results in substantial safety risks.
UTILITIES AND SERVICE SYSTEMS
Exceed wastewater treatment requirements of the applicable Regional raterQuality Control Board.
Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,
the construction of which could cause significant environmental effects.
Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental effects.
Have cuff cient water supplies available to serve the pr ject from existing entitlements and resources, or are new or
expanded entitlements needed.
Be served by a landfill with suff cient permitted capacity to accommodate the pr ject's solid waste disposal needs.
Comply with federal, state, and local statutes and regulations related to solid waste.
1.4 EFFECTS DETERMINED TO HAVE NO IMPACT OR BE LESS
THAN SIGNIFICANT IN THE EIR
The 2020 Recirculated EIR found that the Proposed Project would result in no impacts or less than
significant impacts on a number of environmental topic areas. A no impact or a less than significant
environmental impact determination was made for each of the topical impact areas listed below.
It is acknowledged that after circulation of the Initial Study/Notice of Preparation (in 2016), the
California Natural Resources Agency updated the CEQA Guidelines, which included changes to
Appendix G,Environmental Checklist Form. The 2020 Recirculated EIR utilized the amended Appendix
G thresholds of significance.
NO IMPACT
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Hazards and Hazardous Materials
For a pr ject located within an airport land use plan or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people
residing or working in the project area.
Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving
wildland fires.
Hydrology and Water Quality
Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project
may impede sustainable groundwater management of the basin.
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the
rate or amount of surface runoff in a manner which would result in flooding on-site or off-site.
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood
flows.
In flood hazard, tsunami, or seiche Zones, risk release of pollutants due to project inundation.
Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan.
Noise
For a pr ject located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport orpublic use airport, would the project expose people residing
or working in the project area to excessive noise levels.
Population and Housing
Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through extension of roads or other infrastructure).
Displace substantial numbers of existing people or housing necessitating the construction of replacement housing
elsewhere.
Utilities and Service Systems
Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could
cause significant environmental effects.
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Have sufficient water supplies available to serve the project and reasonably foreseeable future development during
normal, dry and multiple dryyears.
Comply with Federal, State, and local management and reduction statutes and regulations related to solid waste.
Wildfire
Substantially impair an adopted emergency response plan or emergency evacuation plan.
Due to slope,prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to,
pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.
Require the installation or maintenance of associated infrastructure (such as roads,fuel breaks, emergency water
sources,power lines, or other utilities)that may exacerbate fire risk or that may result in temporary ongoing impacts
to the environment.
Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result of runoff,post-fire slope instability, or drainage changes.
LESS THAN SIGNIFICANT
Aesthetics/Light and Glare
Scenic Views and Vistas. Pr ject implementation would not have a substantial adverse effect on a scenic view
or vista.
Cumulative Scenic Views and Vista: The Proposed Pr ject, combined with other related cumulative
projects, would not have an adverse effect on a scenic vista.
Air Quality
Short-Term (Construction) Air Emissions. Short-term construction activities associated with the
Proposed Pr elect would not result in increased airpollutant emissions impacts.
Long-Term (Opera tional)Impa cts. Implementation of the Proposed Pr ject would not result in increased
impacts pertaining to operational air emissions.
Localized Emissions. Implementation of the Proposed Project would not result in localised emissions that
may expose sensitive receptors to substantial pollutant concentrations.
Consistency, with Regional Plans. Implementation of the Proposed Project would not conflict with or
obstruct implementation of the applicable air quality plan.
Odorlmpacts. Construction and operation of the Proposed Pr iect would not create objectionable odors affecting
a substantial number of people.
Short-Term (Construction) Cum ula tive Air Emissions. Short-term construction activities associated
with the Proposed Project and other cumulative pr jects would not result in increased air pollutant emission impacts.
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Long-Term (Operational) Cumulative Air Emissions. Proposed Pr ject and other related cumulative
pry would not result in increased impacts pertaining to operational air emissions.
Cumulative Localized Emissions. Implementation of the Proposed Pr iect would not result in cumulative
locali.Zed emissions that would expose sensitive receptors to substantialpollutant concentrations.
Cumulative Consistence with Applicable Air Qualitp Plans. Development associated with the
Proposed Pr ject and other cumulative pryeas would not conflict with or obstruct implementation of the applicable
air quality plan.
Cum ula tine Odor Impa cts. Development associated with the Proposed Project and related cumulative projects
would not result in increased impacts pertaining to odors.
Cultural Resources
Historical Resources. Development associated with implementation of the Proposed Pr/ect would not result
in significant impacts to historical resources within the project site.
Cumulative Historical Resources. The Proposed Pr ject, combined with other related cumulativeprojects,
would not result in significant cumulative impacts to historical resources.
Energy
Energy Consumption. The project would not result in wasteful, inefficient, or unnecessary consumption of
energy resources.
Conflict With Applicable Energy Plans. The project would not conflict with or obstruct a State or local
plan for renewable energy or energy fciencg.
Energy Consumption (Cumulative). The Proposed Pr ject, combined with other related cumulative
pr jects, would not result in wasteful, infcient, or unnecessary consumption of energy resources.
Conflict With Applicable Energy Plans (Cumulative). The Proposed Project, combined with other
related cumulative pr yeas, would not conflict with or obstruct a State or local plan for renewable energy or energy
eciencg.
Geology and Soils
Strong Seismic Ground Shaking. The project would not be subject to potential substantial adverse effects
involving strong seismic ground shaking.
Seismic-Related Ground Failure. The project would not exposepeople or structures to potential substantial
adverse effects involving seismic-relatedground failure.
Soil Erosion. The pr ject would not result insubstantial soil erosion or the loss of topsoil.
Expansive Soils. The proposed development would not be located on expansive soil, creating substantial risks
to life orproperty.
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Greenhouse Gas Emissions
Greenhouse Gas Emissions. Greenhousegas emissions generated by the project would not have a significant
impact on global climate change.
Consistency With Applicable Greenhouse Gas Plans, Policies or Regulations.
Implementation of the Proposed Pr ject would not conflict with an applicable greenhouse gas reduction plan,policy,
or regulation.
Cumulative Impacts. Greenhousegas emissionsgenerated by the Proposed Project and other related cumulative
projects would not have a significant impact on global climate change.
Hydrology and Water Quality
Long-Tenn Operational Impacts. Long-terra operation of the Proposed Pr elect would not result in
increased runoff amounts and degraded water quality.
Land Use and Planning
Southern CaliforniaAssociation ofGovernments (SCAG). The Proposed Pryect would not conflict
with SCAG's regional planning efforts adopted for the purpose of avoiding or mitigating an environmental effect.
City ofNewport Beach General Plan. The Proposed Project would not conflict with policies provided in
the City of NenportBeacb General Plan.
Back Bap Landing Planned Community Development Plan. The Proposed Prject would not
conflict with the Back Bay Landing Planned Community Development Plan development standards and design
guidelines.
Noise
Tribra Lion Impacts. Project implementation would not result in significant vibration impacts to nearby sensitive
receptors.
Long-Term (Mobile) Noise Impacts. Traffic generated by the Proposed Project would not significantly
contribute to existing traffic noise in the area or exceed the City's established standards.
Long-Term (Stationary)Noise Impacts. The Proposed Pr yeet would not result in a significant increase
in long-term stationary ambient noise levels.
Cumulative Tribra Lion Impacts. Project implementation along with other related cumulative pr jects would
not result in significant vibration impacts to nearby sensitive receptors.
Cumulative Long-Term (Mobile)Noise Impacts. Development associated with the Proposed Project
and other related cumulative projects would not significantly contribute to existing traffic noise in the area or exceed
the City's established standards.
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Cumulative Long-Term (Stationary) Noise Impacts. Development associated with the Proposed
Project and other related cumulative pr elects would not result in a significant increase in long-term stationary ambient
noise levels.
Transportation
Vehicle Miles Traveled Project development would not conflict or be inconsistent with CEQA guidelines
Section 13064.3 Subdivision (B).
Cumulative Vehicle Miles Tta veled. Pr yect development in conjunction with other related cumulative
pr jects would not conflict or be inconsistent with CEQA guidelines Section 13064.3 Subdivision (B).
1.5 EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN
SIGNIFICANT LEVELS
OCSD, having reviewed and considered the information contained in the Final EIR, the Technical
Appendices,and the administrative record,finds,pursuant to California Public Resources Code 21081
(a)(1) and CEQA Guidelines 15091 (a)(1) that changes or alterations have been required in, or
incorporated into,the Proposed Project,which would avoid or substantially lessen to below a level of
significance the following potentially significant environmental effects in the following categories:
• Aesthetics/Light and Glare (short-term and long-term visual impacts,visual character/quality,
light and glare, and cumulative impacts);
• Biological Resources (special status plant and wildlife species, sensitive natural communities,
wetlands, migratory wildlife species, policies protecting biological resources, and cumulative
impacts);
• Cultural Resources (archaeological resources and cumulative impacts);
• Geology and Soils (paleontological resources and cumulative impacts);
• Hazards and Hazardous Materials (accidental release and/or routine handling of hazardous
materials, interference with an adopted emergency response or evacuation plan, and
cumulative impacts);
• Hydrology and Water Quality (short-term water quality impacts and cumulative short-term
and long-term operational impacts);
• Land Use and Relevant Planning (California Coastal Act and Local Coastal Program and
Coastal Land Use Plan consistency and cumulative impacts),
• Noise (short-term construction noise and short-term cumulative impacts);
• Transportation (roadway, transit, bicycle, and pedestrian facilities; hazardous design features
(operations); emergency access, and cumulative impacts); and
• Tribal Cultural Resources (tribal cultural resources and cumulative impacts).
The potentially significant adverse environmental impacts for which mitigation was identified are listed
below. OCSD finds that these potentially significant adverse impacts can be mitigated to a level that
is considered less than significant with implementation of the mitigation measures identified in the
Final EIR. These findings are supported by the EIR and substantial evidence in the record of
proceedings. (CEQA 15091(b).)
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AESTHETICS/LIGHT AND GLARE
The Project's potential aesthetics/light and glare impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.1,Aesthetics/Light and Glare, of the 2020 Recirculated EIR.
These include short-term and long-term degradation of visual character/quality, light and glare, and
cumulative impacts.
Short-Term Visual Impacts. With incorporation of Mitigation Measure AES-1, Project
construction would not result in significant impacts related to the temporary degradation of the visual
character/quality of the site and its surroundings.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. i-Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts to the short-term visual character/quality of the Project area have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-1 Prior to issuance of any grading and/or demolition permits, whichever occurs first,
engineering drawings and specifications shall be prepared by the Project Engineer, or
their designee, and submitted for review and approval by the Orange County
Sanitation District Director of Engineering. These documents shall, at a minimum,
indicate the equipment and vehicle staging areas, stockpiling of materials,
screening/fencing (i.e., temporary fencing with opaque material), and haul route(s).
Staging areas shall be sited away from public views, to the extent feasible and
reasonable, and/or screened utilizing temporary fencing with opaque materials.
Construction haul routes shall minimize impacts to sensitive uses in the project area
by avoiding local residential streets.
Long-Term Visual Character/Quality. With implementation of mitigation, project
implementation would not conflict with applicable zoning and other regulations governing scenic
quality.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
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The potential impacts to the Project area's long-term visual character/quality have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-2 Prior to construction of the new pump station facility, Orange County Sanitation
District(OCSD) shall comply with the applicable requirements of the City of Newport
Beach to ensure consistency with the surrounding development and Back Bay Landing
PCDP design guidelines.
Light and Glare. With implementation of mitigation, project implementation would not generate
additional light and glare beyond existing conditions.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFindings
The potential impacts regarding light and glare have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measure:
AES-3 Prior to any nighttime construction activities, a construction safety lighting plan shall
be prepared by the Project Engineer, or their designee, and submitted to the Orange
County Sanitation District Director of Engineering for review and approval. The plan
shall include, but not be limited to, the following:
• Identify all required construction lighting fixtures, anticipated locations and
heights, and maximum wattage required;
• Ensure all construction-related lighting fixtures (including portable fixtures)
are shielded and oriented downward and away from adjacent sensitive areas
(including residential and biologically sensitive areas);
• Provide the minimal wattage necessary to provide adequate nighttime visibility
and safety at the construction site; and
• Demonstrate that nighttime construction lighting does not spillover onto
adjacent residential properties.
AES-4 Prior to construction of the proposed pump station, an operational lighting plan shall
be prepared by the Project Engineer, or their designee, and provided to the Orange
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County Sanitation District (OCSD) Director of Engineering for review and approval.
OCSD shall provide the lighting plan to the City of Newport Beach for review and
comment, pertaining to the general consistency with the Back Bay Landing Planned
Community Development Plan regulations for lighting. All outdoor lighting fixtures shall
be designed, shielded,aimed,located,and maintained to minimize impacts to adjacent
sites and to not produce glare onto adjacent sites or roadways. Final approval of the
lighting plan shall be made by OCSD prior to start of Project construction. OCSD,
or designee, shall verify that the approved plans incorporate the reasonably suggested
revisions and comments received from the City of Newport Beach.
Cumulative Short-Term Visual Character/Quality. With implementation of mitigation, project
construction activities, combined with construction activities for other relative cumulative Projects,
would not temporarily degrade the visual character/quality of the development sites and their
surroundings.
Findings
1. Changes or alterations have been required in, or incorporated into, the Pr elect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts to the Project area's short-term visual character/quality have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-1 Prior to issuance of any grading and/or demolition permits, whichever occurs first,
engineering drawings and specifications shall be prepared by the Project Engineer, or
their designee, and submitted for review and approval by the Orange County
Sanitation District Director of Engineering. These documents shall, at a minimum,
indicate the equipment and vehicle staging areas, stockpiling of materials,
screening/fencing (i.e., temporary fencing with opaque material), and haul route(s).
Staging areas shall be sited away from public views, to the extent feasible and
reasonable, and/or screened utilizing temporary fencing with opaque materials.
Construction haul routes shall minimize impacts to sensitive uses in the project area
by avoiding local residential streets.
Cumulative Long-Term Visual Character/Quality. With implementation of mitigation, Project
implementation, combined with other related cumulative projects,would not conflict with applicable
zoning and other regulations governing scenic quality.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
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2. 1Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts to the Project area's long-term visual character/quality have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-2 Prior to construction of the new pump station facility, Orange County Sanitation
District(OCSD) shall comply with the applicable requirements of the City of Newport
Beach to ensure consistency with the surrounding development and Back Bay Landing
PCDP design guidelines.
Cumulative Light and Glare. With implementation of mitigation, Project implementation,
combined with other related cumulative projects, would not cumulatively contribute to significant
light/glare impacts.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts regarding light and glare have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measure:
AES-3 Prior to any nighttime construction activities, a construction safety lighting plan shall
be prepared by the Project Engineer, or their designee, and submitted to the Orange
County Sanitation District Director of Engineering for review and approval. The plan
shall include, but not be limited to, the following:
• Identify all required construction lighting fixtures, anticipated locations and
heights, and maximum wattage required;
• Ensure all construction-related lighting fixtures (including portable fixtures)
are shielded and oriented downward and away from adjacent sensitive areas
(including residential and biologically sensitive areas);
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• Provide the minimal wattage necessary to provide adequate nighttime visibility
and safety at the construction site; and
• Demonstrate that nighttime construction lighting does not spillover onto
adjacent residential properties.
AES-4 Prior to construction of the proposed pump station, an operational lighting plan shall
be prepared by the Project Engineer, or their designee, and provided to the Orange
County Sanitation District (OCSD) Director of Engineering for review and approval.
OCSD shall provide the lighting plan to the City of Newport Beach for review and
comment, pertaining to the general consistency with the Back Bay Landing Planned
Community Development Plan regulations for lighting. All outdoor lighting fixtures shall
be designed, shielded, aimed,located,and maintained to minimize impacts to adjacent
sites and to not produce glare onto adjacent sites or roadways. Final approval of the
lighting plan shall be made by OCSD prior to start of project construction. OCSD,
or designee, shall verify that the approved plans incorporate the reasonably suggested
revisions and comments received from the City of Newport Beach.
BIOLOGICAL RESOURCES
The Project's potential biological resources impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.3,Biological Resources,of the 2020 Recirculated EIR. These include
impacts to special status plant and wildlife species, sensitive natural communities, migratory wildlife
species,wetlands, in addition to a potential conflict with policies protecting biological resources, and
cumulative impacts.
Special Status Plant and Wildlife Species. With implementation of mitigation, Project
implementation would not have adverse effects, either directly or through habitat modifications, on
special status plant or wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, wbich avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts to special status plant and wildlife species have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
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Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
• Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
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construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
Sensitive Natural Communities. With implementation of mitigation, Project implementation
would not have an adverse effect on riparian habitat or other sensitive natural community.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts to sensitive natural communities have been eliminated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measures:
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Wetlands. With implementation of mitigation, Project implementation would not have an adverse
effect on State or Federally protected wetlands.
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Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts to wetlands have been eliminated or substantially lessened to a level of less than
significant of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measures.
HWQ-4 In compliance with the Federal Clean Water Act, the Proposed Project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
• Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
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BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Migratory Wildlife Species. With implementation of mitigation,Project implementation would not
interfere with the movement of a native resident or migratory wildlife species.
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Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. l-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts to wildlife movement have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measures.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
• Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
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BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Policies Protecting Biological Resources. With implementation of mitigation, Project
implementation would not conflict with a City policy protecting biological resources.
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Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts pertaining to conflicts with policies protecting biological resources have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measures.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
• Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
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If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Special Status Plant and Wildlife Species. With implementation of mitigation,
Project implementation combined with cumulative development would not have adverse effects,
either directly or through habitat modifications, on special status plant or wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
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2. With the inc000ration of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts to special status plant and wildlife species have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measures.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
• Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
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If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
Cumulative Sensitive Natural Communities. With implementation of mitigation, Project
implementation combined with cumulative developments would not have adverse effect on riparian
habitat or other sensitive natural community.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, wbich avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Wlith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts to sensitive natural communities have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measures:
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
1549939.1 OC SAN 21-03-39
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releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Wetlands. With implementation of mitigation,Project implementation combined with
cumulative development would not have an adverse effect on State or Federally protected wetlands.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential cumulative impacts to wetlands have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measures.•
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
1549939.1 OC SAN 21-03-40
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• Overview of the Marine Mammal Protection Act (MMMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
1549939.1 OC SAN 21-03-41
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during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Migratory Wildlife Species. With implementation of mitigation, Project
implementation combined with cumulative development would not interfere with the movement of
migratory wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential cumulative impacts to migratory wildlife species have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measures.•
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
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• Overview of the Marine Mammal Protection Act (MMMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
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during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Policies Protecting Biological Resources. With implementation of mitigation,
Project implementation combined with cumulative development would not conflict with a City policy
protecting biological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, wbich avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIK have been determined not to be significant.
Facts in Support ofFindings
The potential cumulative impacts to policies protecting biological resources have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measures.•
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor's degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically,the training seminar shall include,
but not be limited to, the following:
• Identification of most common types of marine wildlife likely to be
encountered in the project area;
• Activities that have the most potential for affecting wildlife in the project area;
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• Overview of the Marine Mammal Protection Act (MMMPA), the designated
Environmental Study Area(ESA),agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
• Procedures to be followed during mobilization/demobilization,and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
• Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist,defined as an individual with a bachelor's degree or above
in a biological science field and demonstrated field experience,within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey,construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise,light,or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife,and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor's degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist,prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
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during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
CULTURAL RESOURCES
The Project's potential cultural resources impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.4, Cultural Resources,of the 2020 Recirculated EIR. These include
impacts to archaeological resources and cumulative impacts.
Archaeological Resources. With implementation of mitigation, development associated with
implementation of the Project would not impact archaeological resources within the Project site.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts to archaeological resources have been eliminated or substantially lessened to a
level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measures:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior's Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to,the following:
• Identification of the project's area of potential effect;
• Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor's
representative in identifying potential tribal cultural resources.
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• Procedures to follow in the event that potential archaeological resources are
discovered during construction activities,including,without limitation,halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
• Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities,these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist's evaluation of the find, the archaeologist shall collect the
resource,and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
Cumulative Archaeological Resources. With implementation of mitigation,the Proposed Project,
combined with other related cumulative development, would not result in significant cumulative
impacts to archaeological resources.
Findings
9. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. Wlith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
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Fa cts in Support ofFindings
The potential cumulative impacts to archaeological resources have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measures:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior's Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to,the following:
• Identification of the project's area of potential effect;
• Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor's
representative in identifying potential tribal cultural resources.
• Procedures to follow in the event that potential archaeological resources are
discovered during construction activities,including,without limitation,halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
• Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities,these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist's evaluation of the find, the archaeologist shall collect the
resource,and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
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If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
GEOLOGY AND SOILS
The Project's potential geology and soils impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.5, Geology and Soils, of the 2020 Recirculated EIR. These impacts
include paleontological resources and cumulative impacts.
Paleontological Resources. With implementation of mitigation, development associated with
implementation of the Project would not impact paleontological resources within the Project site.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, wbich avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts to paleontological resources have been eliminated or substantially lessened to a
level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measures:
GEO-1 Prior to ground-disturbing activities, a qualified paleontologist shall provide a
Monitoring Protocol Plan for the project. The plan shall identify procedures to be
used in the event that potential recoverable fossils are discovered by the construction
contractor. The qualified paleontologist shall have a B.S. or B.A. in geology and/or
paleontology with demonstrated competence in research, fieldwork, reporting, and
curation. The qualified paleontologist shall provide training to the contractor's
representative regarding the Monitoring Protocol Plan and the identification of
paleontological resources. The Monitoring Protocol Plan shall state that in the event
a fossil or suspected fossil is encountered during ground disturbing activities, the
following steps shall be taken to ensure paleontological resource(s), if present, are
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properly preserved or salvaged in accordance with the recommendation of the
qualified paleontologist and existing Federal, State, and local laws and regulations:
• The fossil site shall not be touched,moved, or disturbed in any way.
• Work shall stop in the immediate area,and a minimum 50-foot buffer shall be
marked with brightly colored flagging. No further disturbance in the flagged
area shall occur until the contractor has cleared the area.
• The contractor's representative, construction foreman or supervisor, and a
qualified paleontologist shall be immediately notified.
• The qualified paleontologist shall quickly examine the find and make a
determination of significance. If the find is not significant, the foreman shall
be informed when it is acceptable to resume work in the area.
• Should the qualified paleontologist determine the find is significant, the
qualified paleontologist shall develop a plan of mitigation which would likely
include salvage excavation and removal of the find,removal of sediment from
around the specimen, research to identify and categorize the find, curation of
the find in a local qualified repository,and preparation of a report summarizing
the find.
Cumulative Geology and Soils. With implementation of mitigation, the Proposed Project,
combined with other related cumulative projects, would not result in adverse effects involving
paleontological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFindings
The potential cumulative impacts to paleontological resources have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measures.•
GEO-1 Prior to ground-disturbing activities, a qualified paleontologist shall provide a
Monitoring Protocol Plan for the project. The plan shall identify procedures to be
used in the event that potential recoverable fossils are discovered by the construction
contractor. The qualified paleontologist shall have a B.S. or B.A. in geology and/or
paleontology with demonstrated competence in research, fieldwork, reporting, and
curation. The qualified paleontologist shall provide training to the contractor's
representative regarding the Monitoring Protocol Plan and the identification of
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paleontological resources. The Monitoring Protocol Plan shall state that in the event
a fossil or suspected fossil is encountered during ground disturbing activities, the
following steps shall be taken to ensure paleontological resource(s), if present, are
properly preserved or salvaged in accordance with the recommendation of the
qualified paleontologist and existing Federal, State, and local laws and regulations:
• The fossil site shall not be touched,moved, or disturbed in any way.
• Work shall stop in the immediate area,and a minimum 50-foot buffer shall be
marked with brightly colored flagging. No further disturbance in the flagged
area shall occur until the contractor has cleared the area.
• The contractor's representative, construction foreman or supervisor, and a
qualified paleontologist shall be immediately notified.
• The qualified paleontologist shall quickly examine the find and make a
determination of significance. If the find is not significant, the foreman shall
be informed when it is acceptable to resume work in the area.
• Should the qualified paleontologist determine the find is significant, the
qualified paleontologist shall develop a plan of mitigation which would likely
include salvage excavation and removal of the find,removal of sediment from
around the specimen, research to identify and categorize the find, curation of
the find in a local qualified repository,and preparation of a report summarizing
the find.
HAZARDS AND HAZARDOUS MATERIALS
The Project's potential hazards and hazardous materials impacts that can be mitigated or are otherwise
less than significant are discussed in Section 5.7, Ha-ards and Hazardous Materials, of the 2020
Recirculated EIR. These include accidental release and/or routine handling of hazardous materials,
interference with an adopted emergency response or evacuation plan, and cumulative impacts.
Accidental Release and/or Routine Handling of Hazardous Materials. With implementation
of mitigation,the Proposed Project would not create a significant hazard to the public or environment
through the routine transport,use,or disposal of hazardous materials,or accident conditions involving
the release of hazardous materials.
Findings
�. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. Wlith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
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The potential impacts from accidental release and/or routine handling or hazardous materials have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
HAZ-1 Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and California Division of Occupational
Safety and Health (Cal/OSHA) certified building inspector to determine the presence
or absence of asbestos containing-materials (ACMs). If ACMs are determined to be
present, abatement of asbestos shall be completed prior to any activities that would
disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be
performed by a State certified asbestos containment contractor in accordance with the
South Coast Air Quality Management District (SCAQMD) Rule 1403. Asbestos
wastes shall be handled and disposed of in accordance with the federal Toxic
Substances Control Act(TSCA),40 Code of Federal Regulations (CFR) 763,the Clean
Air Act (NESHAP), and California Code of Regulations, Title 22, Division 4.5.
Contractors performing ACM removal shall provide documentation of abatement
activities to the Orange County Sanitation District.
HAZ-2 If paint is separated from building materials (chemically or physically) during
demolition of the structures,the paint waste shall be evaluated independently from the
building material by an EPA certified Lead Inspector. If lead-based paint is found,
abatement shall be completed by an EPA qualified Lead Abatement Specialist prior to
any activities that would create lead dust or a fume hazard. Lead-based paint removal
and disposal shall be performed in accordance with California Code of Regulation
Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and
respiratory protection, and mandates good worker practices by workers exposed to
lead. Contractors performing lead-based paint removal shall provide documentation
of abatement activities to the Orange County Sanitation District.
HAZ-3 Prior to construction,a Soil Management Plan (SMP) shall be prepared and signed and
stamped by a Professional Geologist or Engineer licensed in the State of California.
The SMP shall be incorporated into project plans and specifications to be used by the
contractor and the Orange County Sanitation District during construction activities.
The SMP shall include guidelines for safety measures and soil management in the event
that contaminated soils are to be disturbed,and for handling contaminated soil during
any planned earthwork activities. Soil management practices could include the use of
proper protective gear, waste profiling, landfill selection, and setting designated
stockpiling location, among others. Additionally, the SMP shall include verification
sampling for spoils/dredged material, soil import and export, as well as backfill to
confirm that no hazardous materials are present. If hazardous materials are detected,
the materials shall be properly disposed of in accordance with Federal and State
requirements, such as the Resources Conservation and Recovery Act (RCRA) and
Hazardous Materials Transportation Act(HMTA),among others. The SMP shall also
include a decision framework and specific risk management measures for managing
soil in a manner protective of human health and consistent with applicable regulatory
requirements.
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HAZ-4 If unknown wastes are discovered during construction that are believed to involve
hazardous waste or materials, the contractor shall comply with the following:
• Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
• Notify the Orange County Sanitation District;
• Secure the area as directed by the Orange County Sanitation District; and
• Notify the Orange County Health Care Agency's Hazardous Materials
Division's Hazardous Waste/ Materials Coordinator (or other appropriate
agency specified by the Director of Engineering). The Hazardous
Waste/Materials Coordinator shall advise the responsible party of further
actions that shall be taken, if required. Any and all further actions shall be
taken in compliance with the directions of the Hazardous Waste / Materials
Coordinator and Federal and State law.
Interference with an Adopted Emergency Response or Evacuation Plan. With implementation
of mitigation, construction and operations of the Project would not create a significant hazard to the
public or environment through interference with an adopted emergency response or evacuation plan.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. lVith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFin&ngs
The potential impacts from interference with an adopted emergency response or evacuation plan have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
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feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
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• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Accidental Release and/or Routine Handling of Hazardous Materials. With
implementation of mitigation, the Proposed Project and other related cumulative projects would not
create a significant hazard to the public or environment through the routine transport,use,or disposal
of hazardous materials, or accident conditions involving the release of hazardous materials.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. i-Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential cumulative impacts from accidental release and/or routine handling or hazardous
materials have been mitigated or substantially lessened to a level of less than significant with
incorporation of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
HAZ-1 Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and California Division of Occupational
Safety and Health (Cal/OSHA) certified building inspector to determine the presence
or absence of asbestos containing-materials (ACMs). If ACMs are determined to be
present, abatement of asbestos shall be completed prior to any activities that would
disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be
performed by a State certified asbestos containment contractor in accordance with the
South Coast Air Quality Management District (SCAQMD) Rule 1403. Asbestos
wastes shall be handled and disposed of in accordance with the federal Toxic
Substances Control Act(TSCA),40 Code of Federal Regulations (CFR) 763,the Clean
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Air Act (NESHAP), and California Code of Regulations, Title 22, Division 4.5.
Contractors performing ACM removal shall provide documentation of abatement
activities to the Orange County Sanitation District.
HAZ-2 If paint is separated from building materials (chemically or physically) during
demolition of the structures,the paint waste shall be evaluated independently from the
building material by an EPA certified Lead Inspector. If lead-based paint is found,
abatement shall be completed by an EPA qualified Lead Abatement Specialist prior to
any activities that would create lead dust or a fume hazard. Lead-based paint removal
and disposal shall be performed in accordance with California Code of Regulation
Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and
respiratory protection, and mandates good worker practices by workers exposed to
lead. Contractors performing lead-based paint removal shall provide documentation
of abatement activities to the Orange County Sanitation District.
HAZ-3 Prior to construction,a Soil Management Plan (SMP) shall be prepared and signed and
stamped by a Professional Geologist or Engineer licensed in the State of California.
The SMP shall be incorporated into project plans and specifications to be used by the
contractor and the Orange County Sanitation District during construction activities.
The SMP shall include guidelines for safety measures and soil management in the event
that contaminated soils are to be disturbed,and for handling contaminated soil during
any planned earthwork activities. Soil management practices could include the use of
proper protective gear, waste profiling, landfill selection, and setting designated
stockpiling location, among others. Additionally, the SMP shall include verification
sampling for spoils/dredged material, soil import and export, as well as backfill to
confirm that no hazardous materials are present. If hazardous materials are detected,
the materials shall be properly disposed of in accordance with Federal and State
requirements, such as the Resources Conservation and Recovery Act (RCRA) and
Hazardous Materials Transportation Act(HMTA),among others. The SMP shall also
include a decision framework and specific risk management measures for managing
soil in a manner protective of human health and consistent with applicable regulatory
requirements.
HAZ-4 If unknown wastes are discovered during construction that are believed to involve
hazardous waste or materials, the contractor shall comply with the following:
• Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
• Notify the Orange County Sanitation District;
• Secure the area as directed by the Orange County Sanitation District; and
• Notify the Orange County Health Care Agency's Hazardous Materials
Division's Hazardous Waste/ Materials Coordinator (or other appropriate
agency specified by the Director of Engineering). The Hazardous
Waste/Materials Coordinator shall advise the responsible party of further
actions that shall be taken, if required. Any and all further actions shall be
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taken in compliance with the directions of the Hazardous Waste / Materials
Coordinator and Federal and State law.
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
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• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Interference with an Adopted Emergency Response or Evacuation Plan. With
implementation of mitigation, construction and operations of the Proposed Project and other related
cumulative projects would not create a significant hazard to the public or environment through
interference with an adopted emergency response or evacuation plan.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
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Facts in Support ofFindings
The potential cumulative impacts from interference with an adopted emergency response or
evacuation plan have been mitigated or substantially lessened to a level of less than significant by virtue
of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
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construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
HYDROLOGY AND WATER QUALITY
The Project's potential hydrology and water quality impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.8, HydroloeE and Water-Qualito, of the 2020 Recirculated EIR.
These include short-term impacts to water quality and cumulative impacts.
Water Quality — Short-Term Impacts. With implementation of mitigation, grading, excavation,
and construction activities associated with the Proposed Project would not impact water quality.
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Findings
�. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFin dings
The potential short-term impacts to water quality have been mitigated or substantially lessened to a
level of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measure:
HWQ-1 Prior to site disturbance activities and as part of the project's compliance with the
National Pollutant Discharge Elimination System requirements, a Notice of Intent
shall be prepared by the Orange County Sanitation District,or designee,and submitted
to the State Water Resources Control Board and the Santa Ana Regional Water Quality
Control Board,providing notification and intent to comply with the State of California
Construction General Permit and the General Waste Discharge Requirements For
Insignificant Threat Discharges to Surface Waters.
HWQ-2 The proposed project shall conform to the requirements of an approved Storm Water
Pollution Prevention Plan (to be applied for by the Orange County Sanitation District,
or designee, prior to site disturbance) and the National Pollutant Discharge
Elimination System Permit for General Construction Activities No. CAS000002,
Order No. 2009-0009-DWQ (as amended by 2010-014-DWQ and 2012-006-DWQ),
including implementation of all recommended best management practices (e.g., straw
bale barriers, sediment traps,wind erosion/dust control, silt fences, and filter berms),
as approved by the State Water Resources Control Board.
HWQ-3 Upon completion of project construction, the Orange County Sanitation District, or
designee, shall submit a Notice of Termination to the State Water Resources Control
Board to indicate that construction is completed.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
Cumulative Water Quality Impacts. With implementation of mitigation,grading, excavation, and
construction activities associated with the Proposed Project and other related cumulative projects
would not impact water quality.
Findings
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1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative short-term construction and cumulative long-term operational impacts to
water quality have been mitigated or substantially lessened to a level of less than significant with
incorporation of the mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
HWQ-1 Prior to site disturbance activities and as part of the project's compliance with the
National Pollutant Discharge Elimination System requirements, a Notice of Intent
shall be prepared by the Orange County Sanitation District,or designee,and submitted
to the State Water Resources Control Board and the Santa Ana Regional Water Quality
Control Board,providing notification and intent to comply with the State of California
Construction General Permit and the General Waste Discharge Requirements For
Insignificant Threat Discharges to Surface Waters.
HWQ-2 The proposed project shall conform to the requirements of an approved Storm Water
Pollution Prevention Plan (to be applied for by the Orange County Sanitation District,
or designee, prior to site disturbance) and the National Pollutant Discharge
Elimination System Permit for General Construction Activities No. CAS000002,
Order No. 2009-0009-DWQ (as amended by 2010-014-DWQ and 2012-006-DWQ),
including implementation of all recommended best management practices (e.g., straw
bale barriers, sediment traps,wind erosion/dust control, silt fences, and filter berms),
as approved by the State Water Resources Control Board.
HWQ-3 Upon completion of project construction, the Orange County Sanitation District, or
designee, shall submit a Notice of Termination to the State Water Resources Control
Board to indicate that construction is completed.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District,or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
LAND USE AND RELEVANT PLANNING
The Project's potential land use and relevant planning impacts that can be mitigated or are otherwise
less than significant are discussed in Section 5.09, Land Use of the 2020 Recirculated EIR. These
include the California Coastal Act,local coastal programs, and coastal land use plan.
California Coastal Act. With implementation of mitigation,the Proposed Project would not conflict
with the Coastal Act's planning and management policies.
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Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts from conflicting with the California Coastal Act have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
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• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Local Coastal Program and Coastal Land Use Plan. With implementation of mitigation, the
Proposed Project would not conflict with the policies provided in the City's Local Coastal Program
and Coastal Land Use Plan.
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Findings
�. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts from conflict with the local Coastal Program and Coastal Land Use Plan have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
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• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Land Use and Relevant Planning Impact. With implementation of mitigation, the
Proposed Project along with other nearby cumulative projects would not conflict with policies within
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applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an
environmental effect.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. 1-Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential cumulative impacts from the applicable land use plans have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
1549939.1 OC SAN 21-03-67
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• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
1549939.1 OC SAN 21-03-68
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NOISE
The Project's potential noise impacts that can be mitigated or are otherwise less than significant are
discussed in Section 5.10,Noise, of the 2020 Recirculated EIR. These include short-term construction
noise and cumulative impacts.
Short-Term Construction Noise Impacts. With implementation of mitigation, grading and
construction within the area would not result in significant temporary noise impacts to nearby noise
sensitive receivers.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts from short-term construction noise have been mitigated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measure:
N0I-1 Prior to the initiation of construction, the Orange County Sanitation District shall
confirm that the Grading Plan,Building Plans, and specifications stipulate that:
• All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and other State required noise attenuation
devices.
• The Orange County Sanitation District shall provide a "Noise Disturbance
Coordinator." The Disturbance Coordinator shall be responsible for
responding to any local complaints about construction noise. When a
complaint is received, the Disturbance Coordinator shall determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
implement measures to resolve the complaint and comply with the City Noise
Ordinance. The construction hotline telephone number shall be clearly posted
on-site.
• Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, schools,hospitals, etc.) to the greatest extent possible.
• During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
• Construction activities that produce noise shall not take place outside of the
allowable hours specified by the City of Newport Beach Municipal Code,with
1549939.1 OC SAN 21-03-69
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the exception of the 24 hour per day operation of microtunneling(pursuant to
Mitigation Measure NOI-2). Alternative work hours may be designated by the
City to reduce other impacts, such as traffic.
NOI-2 Prior to issuance of Demolition or Building Permits, the Orange County Sanitation
District, or designee, shall retain a qualified Acoustical Engineer, defined as an
individual with a bachelor's degree or above in acoustics,physics,or another closely related
engineering discipline and demonstrated field experience, to prepare a Construction
Noise Control Plan. The Construction Noise Control Plan shall identify the types,
location, and duration of equipment to be used during project construction.
Construction noise levels shall be quantified and estimated at the nearest sensitive uses
(i.e., residences, schools, churches, recreation/park facilities, hospitals, libraries, etc.)
within 1,000 feet of the project construction area. Based on proposed construction
hours and equipment to be used, the Construction Noise Control Plan shall identify
noise reduction measures to minimize construction noise levels at off-site sensitive
uses, demonstrating compliance with the Newport Beach Municipal Code Chapter
10.26 and 10.28. Noise reduction measures may include the use of sound blankets,
sound walls/barriers, noise shrouds, and/or limiting the use of heavy noise-emitting
equipment to non-sensitive hours (during daytime work hours and not after 5:00 p.m.,
etc.). The noise reduction measures shall be included in the project engineering
drawings and specifications, and/or contractor shop drawings for review by the City
of Newport Beach Planning Division. All noise reduction measures identified in the
Construction Noise Control Plan approved by the City of Newport Beach shall be
included in all project designs and construction plans for the project.
Cumulative Short-Term Construction Noise Impacts. With implementation of mitigation,
grading and construction within the area would not result in cumulatively considerable short-term
noise impacts to nearby noise sensitive receivers, following implementation of mitigation measures.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts from short-term construction noise have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measure:
N0I-1 Prior to the initiation of construction, the Orange County Sanitation District shall
confirm that the Grading Plan,Building Plans, and specifications stipulate that:
1549939.1 OC SAN 21-03-70
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• All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and other State required noise attenuation
devices.
• The Orange County Sanitation District shall provide a "Noise Disturbance
Coordinator." The Disturbance Coordinator shall be responsible for
responding to any local complaints about construction noise. When a
complaint is received, the Disturbance Coordinator shall determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
implement measures to resolve the complaint and comply with the City Noise
Ordinance. The construction hotline telephone number shall be clearly posted
on-site.
• Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, schools,hospitals, etc.) to the greatest extent possible.
• During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
• Construction activities that produce noise shall not take place outside of the
allowable hours specified by the City of Newport Beach Municipal Code,with
the exception of the 24 hour per day operation of microtunneling(pursuant to
Mitigation Measure NOI-2). Alternative work hours may be designated by the
City to reduce other impacts, such as traffic.
NOI-2 Prior to issuance of Demolition or Building Permits, the Orange County Sanitation
District, or designee, shall retain a qualified Acoustical Engineer, defined as an
individual with a bachelor's degree or above in acoustics,physics,or another closely related
engineering discipline and demonstrated field experience, to prepare a Construction
Noise Control Plan. The Construction Noise Control Plan shall identify the types,
location, and duration of equipment to be used during project construction.
Construction noise levels shall be quantified and estimated at the nearest sensitive uses
(i.e., residences, schools, churches, recreation/park facilities, hospitals, libraries, etc.)
within 1,000 feet of the project construction area. Based on proposed construction
hours and equipment to be used, the Construction Noise Control Plan shall identify
noise reduction measures to minimize construction noise levels at off-site sensitive
uses, demonstrating compliance with the Newport Beach Municipal Code Chapter
10.26 and 10.28. Noise reduction measures may include the use of sound blankets,
sound walls/barriers, noise shrouds, and/or limiting the use of heavy noise-emitting
equipment to non-sensitive hours (during daytime work hours and not after 5:00 p.m.,
etc.). The noise reduction measures shall be included in the project engineering
drawings and specifications, and/or contractor shop drawings for review by the City
of Newport Beach Planning Division. All noise reduction measures identified in the
Construction Noise Control Plan approved by the City of Newport Beach shall be
included in all project designs and construction plans for the project.
1549939.1 OC SAN 21-03-71
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TRANSPORTATION
The Project's potential transportation impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.11, Tranoortation/Tra of the 2020 Recirculated EIR. These
include impacts to public transit, bicycle, and pedestrian facilities; hazardous design features;
emergency access; and cumulative impacts.
Roadway,Transit,Bicycle,and Pedestrian Facilities. With implementation of mitigation,Project
construction would not adversely impact plans related to roadway, transit, bicycle, and pedestrian
facilities.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential impacts from roadway, transit, bicycle, and pedestrian facilities have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
1549939.1 OC SAN 21-03-72
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access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
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• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Hazardous Design Features. The Project would not substantially increase hazards due to short-
term construction activities within surrounding roadways.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFin&ngs
The potential impacts from hazardous design features have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
1549939.1 OC SAN 21-03-74
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to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
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• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Emergency Access. With implementation of mitigation, implementation of the Project would not
result in inadequate emergency access.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. 1Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Fa cts in Support ofFin&ngs
The potential impacts to emergency access have been mitigated or substantially lessened to a level of
less than significant with incorporation of the mitigation measure identified in the 2020 Recirculated
EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
1549939.1 OC SAN 21-03-76
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to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
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• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Roadway, Transit, Bicycle, and Pedestrian Facilities. With implementation of
mitigation, implementation of the Proposed Project and other related cumulative projects would not
conflict with adopted policies, plans, or programs regarding roadway, public transit, bicycle, and
pedestrian facilities.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR
2. Vith the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts from roadway, transit, bicycle, and pedestrian facilities have been
mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
1549939.1 OC SAN 21-03-78
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Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
1549939.1 OC SAN 21-03-79
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• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Hazardous Design Features. With implementation of mitigation,implementation of
the Proposed Project and other related cumulative projects would not substantially increase hazards
due to a proposed design feature.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. i-Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts from hazardous design features have been mitigated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
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• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
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• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Emergency Access. With implementation of mitigation, implementation of the
Proposed Project and other related cumulative projects would not result in inadequate emergency
access.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr lect, which avoid or substantially
lessen the significant environmental effect as identified in the EIK
2. i-Vith the incorporation of mitgation, the effects identified in the EIR have been determined not to be significant.
Facts 1n Support ofFin dings
The potential cumulative impacts to emergency access have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District,California Department of Transportation (Caltrans),and the City of Newport
Beach Public Works Department. These documents shall, at a minimum,address the
following:
• Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open,to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
• Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
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• At least one week before any construction activities that would affect travel on
nearby roadways,the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
• Identify construction vehicle haul routes for the delivery of construction
materials (i.e.,lumber,tiles,piping,windows, etc.) to the site;necessary traffic
controls and detours;and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
• Identify any and all construction staging or material storage sites located
outside of the project site.
• Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
• Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
• Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours,weekends,or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
• Use of local streets shall be prohibited,except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
• Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
• If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
• All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
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• Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
• Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
• The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
TRIBAL CULTURAL RESOURCES
The Project's potential tribal cultural resources impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.12, Tribal Cultural Resources of the 2020 Recirculated EIR.
These include impacts to tribal cultural resources and cumulative impacts.
Tribal Cultural Resources. With implementation of mitigation, the Proposed Project would not
cause a significant impact to a tribal cultural resource.
Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, Which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. Wlith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFindings
The potential impacts related to tribal cultural resources have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior's Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to,the following:
• Identification of the project's area of potential effect;
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• Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor's
representative in identifying potential tribal cultural resources.
• Procedures to follow in the event that potential archaeological resources are
discovered during construction activities,including,without limitation,halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
• Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities,these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist's evaluation of the find, the archaeologist shall collect the
resource,and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
Cumulative Tribal Cultural Resource Impacts. With implementation of mitigation,the Proposed
Project, combined with other related cumulative projects, would not cause a significant impact to a
tribal cultural resource.
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Findings
1. Changes or alterations have been required in, or incorporated into, the pr jed, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. 1-Vith the incorporation of miligalion, the effects identified in the EIR have been determined not to be significant.
Facts in Support ofFin dings
The potential cumulative impacts related to tribal cultural resources have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior's Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to,the following:
• Identification of the project's area of potential effect;
• Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor's
representative in identifying potential tribal cultural resources.
• Procedures to follow in the event that potential archaeological resources are
discovered during construction activities,including,without limitation,halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
• Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities,these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist's evaluation of the find, the archaeologist shall collect the
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resource,and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
1.6 ENVIRONMENTAL EFFECTS WHICH REMAIN SIGNIFICANT
AND UNAVOIDABLE AFTER MITIGATION AND FINDINGS
OCSD, having reviewed and considered the information contained in the Final EIR, Technical
Appendices, and the administrative record, finds that mitigation measures identified in the Final EIR
would avoid or substantially lessen potential Project impacts and, therefore, Project implementation
would not cause a significant unavoidable impact.
2.0 CERTIFICATION OF THE FINAL EIR
OCSD declares that no new significant information as defined by the State CEQA Guidelines, Section
15088.5,has been received by OCSD after circulation of the 2020 Recirculated EIR that would require
recirculation.
OCSD certifies the EIR based on the following findings and conclusions:
2.1 FINDINGS
The Proposed Project would not have the potential for creating significant adverse environmental
impacts. It was determined that applicable mitigation measures would avoid or substantially lessen
potential Project impacts,and that no significant unavoidable impacts would occur.
2.2 CONCLUSIONS
• All significant environmental impacts from the implementation of the Proposed Project have
been identified in the EIR and, with implementation of the mitigation measures identified,
would be mitigated to a level of insignificance.
1549939.1 OC SAN 21-03-87
Resolution 21 -03 Bay Bridge
Final Audit Report 2021-02-25
Created: 2021-02-25
By: Kelly Lore(klore@ocsd.com)
Status: Signed
Transaction ID: CBJCHBCAABAAJbMbd2gh2fCuQQBQQ6YIQdCPLmpl7rHm
"Resolution 21 -03 Bay Bridge" History
Document created by Kelly Lore (klore@ocsd.com)
2021-02-25-2:02:51 PM GMT-IP address:47.176.92.30
Document emailed to Bradley Hogin (bhogin@wss-law.com)for signature
2021-02-25-2:03:44 PM GMT
Email viewed by Bradley Hogin (bhogin@wss-law.com)
2021-02-25-6:32:09 PM GMT-IP address:68.4.2.218
Document e-signed by Bradley Hogin (bhogin@wss-law.com)
Signature Date:2021-02-25-6:32:21 PM GMT-Time Source:server-IP address:68.4.2.218
Document emailed to David John Shawver(dshawver1 @att.net)for signature
2021-02-25-6:32:24 PM GMT
Email viewed by David John Shawver(dshawver1 @att.net)
2021-02-25-8:34:21 PM GMT-IP address:69.147.90.126
>6 Document e-signed by David John Shawver(dshawver1 @att.net)
Signature Date:2021-02-25-8:34:53 PM GMT-Time Source:server-IP address:98.149.71.112
Document emailed to Kelly Lore (klore@ocsd.com)for signature
2021-02-25-8:34:56 PM GMT
Email viewed by Kelly Lore (klore@ocsd.com)
2021-02-25-8:56:48 PM GMT-IP address:47.176.92.30
Document e-signed by Kelly Lore (klore@ocsd.com)
Signature Date:2021-02-25-8:58:51 PM GMT-Time Source:server-IP address:47.176.92.30
Agreement completed.
2021-02-25-8:58:51 PM GMT
n r, `SA Adobe Sign
ORANGE COUNTY SANITATION DISTRICT