PROJECT DESCRIPTION / LOCATION POTENTIAL AREAS OF ENVIRONMENTAL IMPACT

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2 PROJECT DESCRIPTION / LOCATION The project consists of the expansion of an existing dairy located approximately 0.6 miles northeast of the City of Gustine city limits in unincorporated Merced County. The existing John B. Pires Dairy and the site of the proposed expansion are located on approximately 53 acres of 10 parcels totaling 526 acres. Approximately 454 acres of the project site are currently used for the production of crops and application of manure process water. Conditional Use Permit CUP proposes to bring the existing dairy facility into compliance with Merced County s permit requirements, and to expand the existing dairy so that the modified dairy would house a total of 6,050 animals. This would represent an increase of 1,936 animals from existing numbers. The proposed project would include construction of approximately 120,000 square feet of heifer pens and a cattle shade adjacent to the north edge of the operation. Construction of the proposed structures (in addition to ancillary dirt roadways and operation staging areas) would convert approximately 12 acres of existing cropland to active dairy facilities, increasing the area of operation from 53 to 65 acres. With conversion of these cropped acres, approximately 442 acres of the project site would be used for the production of forage crops and the disposal of wastewater. POTENTIAL AREAS OF ENVIRONMENTAL IMPACT An initial evaluation of the proposed John B. Pires Dairy Expansion project indicates that the project has the potential to result in significant adverse effects on the environment for the following issue areas: Land Use Compatibility Air Quality Greenhouse Gas Emissions and Energy Hydrology and Water Quality Biological Resources Hazards The Environmental Report will concentrate upon the impacts associated with these areas. In addition to the above, the John B. Pires Dairy Expansion EIR will also include analysis of project alternatives and cumulative effects.

3 INITIAL STUDY AND ENVIRONMENTAL EVALUATION Project Title: Project Location: Lead Agency Name and Address: Contact Person and Phone Number: General Plan Designation: Zoning: John B. Pires Dairy Expansion Conditional Use Permit No Kniebes Rd. Gustine, CA Merced County Planning and Community Development Department 2222 M Street Merced, CA David Gilbert, Senior Planner Phone: (209) Agricultural (Merced County General Plan) A-1 (General Agricultural; Merced County) 1. DESCRIPTION OF PROJECT The project under evaluation in this Initial Study (IS) is the expansion of an existing dairy near the City of Gustine in Merced County. LOCATION The existing John B. Pires Dairy and the site of the proposed expansion are located on approximately 53 acres of 10 parcels totaling 526 acres in an unincorporated area of Merced County on the east side of Kniebes Road, 850 feet north of Highway 140, approximately 0.6 miles northeast of the City of Gustine city limits. The project s location is within the central California region (see Figures 1 and 2). The project site is located on several parcels, identified as Merced County Assessor s Parcel Numbers (APN) (79 acres) (site of active dairy facilities and proposed expansion), -013 (35 acres), -025 (113 acres), -026 (67.5 acres), -027 (29.3 acres), -028 (5 acres), -029 (21 acres), -031 (154.7 acres), (7.4 acres), and (14 acres) (see Table 1 and Figure 3). The project site is located in Section 4, Township 8 South, Range 9 East, Mount Diablo Base and Meridian; 37 15ʹ 58.15ʺ N, ʹ 57.80ʺ W. Initial Study John B. Pires Dairy Expansion CUP Page 1

4 TUOLUMNE CO. STANISLAUS CO. Tracy Modesto 132 SAN JOAQUIN CO. STANISLAUS CO San Joaquin River STANISLAUS CO. MERCED CO Project Area Newman Henry W. Coe State Park N STANISLAUS CO. MERCED CO. 33 Gustine San Luis Nat. Wildlife Refuge 140 Merced 59 SANTA CLARA CO. SAN BENITO CO. San Luis Los Baños 152 Reservoir MERCED CO. FRESNO CO. SOURCE: Planning Partners, February 2011 John B. Pires Dairy Expansion Figure 1 Regional Location

5 FIELDS FIELDS FACILITY FIELDS FIELDS N SOURCE: Planning Partners, January 2011; EAC, March 2010 John B. Pires Dairy Expansion Figure 2 Project Vicinity

6 SUPD Dairy Parcels City of Gustine SUPD Parcels Highways Roads SOURCE: Merced County GIS February 2011 feet ,940 2,910 3,880 John B. Pires Dairy Expansion Figure 3 Project Site Assessor Parcel Numbers

7 Project Description Table 1 Project Parcels and Acreage APN Field # Total Acreage Use N 7.4 cropland S 79 active dairy facilities, 1 residence, 1 office, cropland cropland, residence N, 3S residences, 1 barn, cropland N 67.5 cropland S 29.3 cropland, 4 residences, metal shop W 5 cropland, 2 residences W 21 cropland, 4 residences N, 2S cropland N 14 cropland TOTAL APN = Assessor s Parcel Number; Crops include oat silage, corn silage, sudangrass silage * Nutrients may not be applied to the entire acreage of the parcel listed; application acreage included in NMP dated 02/03/2011. Source: Application Materials, Applicant, December 2010 and January 2011; Nutrient Management Plan 02/03/2011. EXISTING CONDITIONS The existing animal confinement facility is located on approximately 53 acres of the 526-acre project site. The existing facilities within the 53-acre area include the following: - 2 milk barns - freestall barns and associated corrals - hay barn - 2 silage pads - commodity barn - shop - 1 wastewater storage pond - 1 settling basin Approximately 454 acres of the project site are currently used for the production of crops and application of manure process water. The applicant recently purchased 35 acres (APN ) for crop production and application of wastewater. 1 The remaining 19 acres of the 526-acre site consist of on-site roadways and ancillary uses to the dairy, in addition to on-site residences. The area of active dairy facilities has been graded to direct corral runoff, lane flushing, and scraping to the existing waste management system on the east side of the operation. Domestic water to the residences is provided by on-site water wells. Irrigation water is supplied by both surface and groundwater from on-site irrigation wells. As established at the time of Initial Study preparation (January 2011), there are approximately 4,123 animals at the dairy (2,369 milk cows and 1,754 support stock) (see Table 3 below for a breakout of existing dairy herd by age-class). All cows housed at the dairy are Holsteins. 1 The project applicant also leases cropland in the surrounding area for the application of wastewater and/or dry manure; while the exact location of these leased parcels may vary throughout operations, the disposal of solid manure and/or wastewater at off-site locations is accounted for in the project Nutrient Management Plan (NMP) and monitored by the Central Valley Regional Water Quality Control Board. Initial Study John B. Pires Dairy Expansion CUP Page 5

8 Project Description The existing facility consists of flush and scrape systems that are used to collect and process wastewater and solid manure. Animal wastes from freestall and other concrete-surfaced areas are flushed to an on-site waste management system that consists of a sand trap, settling basin, and wastewater storage pond. Solid manure within corral areas is scraped. Wastewater is mixed with irrigation water and applied to cropland. Stormwater runoff from buildings is piped to an off-site drainage system. Receiving fields are graded to guide excess applied irrigation water to an existing tailwater return system. Collected tailwater is recycled and returned to the nearest field pipe access for reapplication. The dairy facility uses both surface water and groundwater resources for farm operations. Dry manure is separated from liquids, accumulated on site, and processed for bedding material or hauled off site as piles accumulate for use as fertilizer and soil amendments. Corrals are scraped two times per year. Solid manure currently is stockpiled in uncovered piles. The solid manure is land applied and is also hauled off site. All of the crops grown on site are used for the growth of dairy feed crops, and supplement imported grain and hay. Feed is stored in silage piles and an on-site commodity barn. Operations at the dairy are 24 hours per day, 365 days per year, with most operations concentrated during daylight hours. The dairy currently employs a staff of approximately 17 workers. Currently, the site is served by heavy trucks (milk tankers, commodity deliveries) and other vehicles. Existing daily trips by all classes of vehicle are estimated at 150 to 170 average daily trips, with approximately 41 heavy truck trips. All trips currently access Kniebes Road by private driveway. Regional access is provided by Highway 140. SURROUNDING LAND USES AND SETTING There are several off-site single-family residences associated with other agricultural operations located on parcels to the north, south, east, and west of the project site. There are several off-site residences located within the windshed of the dairy (defined as an area of 1,320 feet upwind to 2,640 downwind of the periphery of the animal facility). The closest residences are located approximately 700 feet to the north and 525 feet to the south of active animal facilities (see Figure 4). Other surrounding uses include the Gustine Airport and wastewater treatment facility approximately 0.9 miles southeast of the project site, and dairy facilities located approximately 0.5 miles to the north and to the west of the project site. Lands within the Grassland Resource Conservation District are located south and west of the project site and Highway 140 (see Figure 5). The active dairy facility is located approximately 0.6 miles east of the City of Gustine city limits and 0.25 miles from the Specific Urban Development Plan (SUDP) boundary as identified by the Merced County General Plan. Page 6 Initial Study John B. Pires Dairy Expansion CUP10-007

9 20 ' 1320' Off-Site Residence 1320' ' N T N IO E T L C A V RE E I R D P D IN W 1320' ' 1980 ' On-Site Residences 1980 ' 1320' 1980 ' 1980 ' 1980 ' ' 20 ' Off-Site Residence Off-Site Residence N John B. Pires Dairy Expansion SOURCE: Planning Partners, February 2011 Google, Figure 4 Active Dairy Facilities and Nearby Residences Located in the Windshed

10 SOURCE: Merced County GIS, March 2011 John B. Pires Dairy Expansion Figure 5 Grassland Resource Conservation District Boundary

11 Project Description Table 2 Surrounding Land Uses at the John B. Pires Dairy Location Land Use General Plan Zoning ON SITE Dairy / Agriculture / 13 residences Agricultural General Agricultural A-1 NORTH Agriculture / Residences / Dairy Agricultural General Agricultural A-1 EAST Agriculture / Residences Agricultural General Agricultural A-1 SOUTH Agriculture / Residences Agricultural General Agricultural A-1 WEST Agriculture / Residences / Dairy / City of Gustine Agricultural General Agricultural A-1 Source: Application Materials; Project Site Visit, December 14, 2010; Applicant, January Project details such as adjacent land uses and cropping patterns could change over the course of evaluation and from those existing at the time of this Initial Study; however, these changes would consist of agricultural and ancillary uses consistent with the Merced County General Plan and would not affect the analysis contained in this Initial Study. PROJECT PERMITTING HISTORY The existing dairy operation was permitted by Merced County on August 12, 1992 under CUP 3621 to re-establish a dairy of 944 animal units 2. The previous operations had been suspended for some time prior to CUP The existing dairy is also regulated by the Regional Water Quality Control Board (RWQCB) and the San Joaquin Valley Air Pollution Control District (SJVAPCD). The RWQCB regulates the existing dairy under the General Order for Existing Milk Cow Dairies (Order No. R ). Coverage under the General Order for Existing Milk Cow Dairies also requires approval and implementation of a Nutrient Management Plan (NMP), for the application of waste to land application areas, and a Waste Management Plan (WMP) to ensure proper compliance with the General Order. As established by the Report of Waste Discharge (ROWD) submitted for the John B. Pires Dairy to the RWQCB in October 2005, the State permitted herd size for the dairy is 1,450 milk and dry cows combined 3, with regulatory review required for expansions of 15 percent above this value. To permit the proposed expansion, the RWQCB would be required to issue Individual Waste Discharge Requirements (WDR) for the operation. The applicant will need to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the SJVAPCD for the expanded herd and modification of existing facilities, as well as a modification of the dairy farm s existing Conservation Management Plan. To bring the existing dairy facility in compliance with Merced County permit requirements and allow for future growth, the applicant has submitted an application for issuance of a new Conditional Use Permit (CUP10-007) from the County. 2 An animal unit is a standardized measure of agricultural animals. A 1,000-pound beef cow is the standard measure of an animal unit. 3 The RWQCB regulates only mature cows (milk and dry) and does not establish any limits on calves, heifers, and other support stock. Initial Study John B. Pires Dairy Expansion CUP Page 9

12 Project Description ESTABLISHING THE PROPER BASELINE FOR THE PROPOSED DAIRY EXPANSION To determine whether an impact is significant, a baseline set of environmental conditions is required against which agencies can assess the significance of project impacts. As established by CEQA Guidelines section 15125(a), the existing environmental setting, usually established at the time a notice of preparation is issued, should normally constitute the baseline. Therefore, the impacts of a proposed project are ordinarily to be compared to the actual environmental conditions existing at the time of CEQA analysis, rather than to allowable conditions defined by a plan or regulatory framework. (Communities for a Better Environment v. South Coast Air Quality Management District (2010) 158 Cal.App.4th 1336). Essentially, prior operating permits or permit levels do not in themselves establish a baseline for CEQA review of a new project. As most recently set forth in Communities for a Better Environment v. South Coast Air Quality Management District, a long line of California Court of Appeals decisions has upheld this line of reasoning, including cases where a plan or regulation allowed for greater development or more intense activity than had so far actually occurred, as well as cases where actual development or activity had, by the time CEQA analysis was begun, already exceeded that allowed under the existing regulations. In the case of the John B. Pires Dairy Expansion project, the current permitted limit for the dairy established by the County is 944 animal units, and 1,450 milk and dry cows combined as established in the 2005 ROWD for the RWQCB. However, while the existing herd exceeds these numbers, in accordance with CEQA, the baseline herd to be used in this environmental analysis is the herd count at the time of NOP preparation, comprising a total of 4,114 animals, including 2,360 milk cows. PROJECT CHARACTERISTICS The applicant has filed Conditional Use Permit CUP to bring the existing dairy facility into compliance with Merced County s permit requirements, and to expand the existing dairy so that the modified dairy would house a total of 6,050 animals (see Table 3 below). This would represent an increase of 1,936 animals from existing numbers. Table 3 Existing and Proposed Herd at the John B. Pires Dairy Milk Cows Dry Cows Bred Heifers (15-24 mo.) Heifers (7-14 mo.) Calves (4-6 mo.) Calves (0-3 mo.) Total Animals Existing 2, ,114 Proposed 3, , ,050 Change ,936 Source: Applicant, December The proposed project would include construction of approximately 120,000 square feet of heifer pens and a cattle shade adjacent to the north edge of the operation. Construction of the proposed structures, in addition to ancillary dirt roadways and operation staging areas, would convert approximately 12 acres of existing cropland to active dairy facilities, increasing the area of operation from 53 to 65 acres. See Figure 6 for the dairy site plan. All of the necessary utilities for the dairy Page 10 Initial Study John B. Pires Dairy Expansion CUP10-007

13 Project Description expansion are currently available on site and no additional utilities would be required. Animal wastes from freestall and other concrete-surfaced areas would continue to be flushed to an on-site waste management system, except for solid manure within corral areas, which is scraped. Liquid manure would continue to be directed to the settling basin and then treated in the wastewater pond. Wastewater would continue to be mixed with irrigation water and applied to the land. With conversion of 12 acres of existing cropland for construction of new active dairy facilities, there would be 442 acres cropped in oat silage, corn silage, sudangrass silage available for disposal of dairy wastewater. Dry manure would continue to be separated from liquids, accumulated on site, and processed for bedding material or hauled off site for use as fertilizer and soil amendments. Corrals would be scraped two times per year. An increased amount of dry manure would be exported off site with the proposed dairy expansion. Operations at the dairy would continue to occur 24 hours per day, 365 days per year, with most operations concentrated during daylight hours. With implementation of the proposed project, the number of employees would increase from 17 to approximately 23 workers. Initial Study John B. Pires Dairy Expansion CUP Page 11

14 **ALL RESIDENCES TO BE OCCUPIED BY DAIRY OWNER, OWNER S FAMILY & EMPLOYEES** **NO NEW LANDSCAPING OR IRRIGATION SYSTEMS ARE BEING PROPOSED** PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED HEIFER PEN PROPOSED DRAIN LINE TO EXISTING STORAGE SYSTEM FRESH WATER BASIN EXISTING DAIRY RESIDENCES KNIEBES ROAD EXISTING SHADE EXISTING PEN EXISTING SHADE EXISTING SHADE EXISTING PEN EXIST. SHADE EXISTING SHADE EXISTING PEN PEN EX. EX. PEN EXISTING SHADE EXISTING PEN EXISTING PEN EXISTING RESIDENCE (EMPLOYEE) EXISTING SHOP EXISTING RESIDENCE (FAMILY EXISTING PEN EXISTING FREESTALL EXISTING EXIS. PEN EXISTING PEN SHADE EXISTING PEN EXISTING PEN EXISTING HAY BARN EXISTING MILK BARN EXISTING SILAGE PAD EXISTING EXISTING SHADE COMMODITY BARN EXIS. PEN EXISTING PEN EX. PEN EXISTING PEN EXISTING PEN EXISTING SILAGE PAD EXISTING PEN EXISTING SETTLING BASIN EXISTING STORAGE POND EXISTING FREESTALL BARN EXISTING PEN EXISTING PEN EX. PEN EX. PEN EXISTING PEN EXISTING PEN EXISTING PEN EXISTING PEN EXISTING FREESTALL BARN ADA PARKING SPACE EXISTING MILK BARN (8) EMPLOYEE PARKING SPACES (ASPHALT) EXISTING SHADE STRUCTURE TO BE CONVERTED TO A FREESTALL BARN EXISTING PEN EXISTING SHADE EXISTING PEN PROPOSED FEATURES SOURCE: EAC, January 2011; Planning Partners, February 2011 John B. Pires Dairy Expansion Figure 6 Dairy Site Plan

15 SOURCE: The Source Group, Inc., September 2009 John B. Pires Dairy Expansion Figure 7 Dairy Fields

16 Water Trough Free Stall Free Stall Feed Stanchion Free Stall Free Stall Water Trough CORRAL CORRAL WALK LANE Bedding FEED LANE DRIVE LANE FEED LANE Bedding WALK LANE SOURCE: Environmental Planning Partners, March 2011 John B. Pires Dairy Expansion Figure 8 Freestall Dairy Barn - Schematic Cross-Section

17 Cow Excrement Supplemental Feed Fed to cows Flushed from barns and feeding areas Separator/ Settling basin Solids Silage Lagoon Harvested Distributed in irrigation water Crops SOURCE: Environmental Planning Partners, March 2011 John B. Pires Dairy Expansion Figure 9 Process Diagram

18 Project Description Circulation and Parking The project site would continue to be served by heavy trucks (milk tankers, commodity deliveries), and other vehicles. Daily trips by all classes of vehicles are estimated to increase from 170 to 200 average daily trips, with an approximate increase of 13.7 heavy truck trips (see Table 4 below). All trips would continue to access Kniebes Road by private driveway. Regional access would continue to be provided by Highway 140. Table 4 John B. Pires Dairy Expansion Trip Generation and Assignment Trip Type/Purpose Daily Trip Generation Factor Type of Vehicle Daily Trips Existing With Project Local Route of Trip Residential Dwellings (on-site) trips/residence Auto/Light Truck Kniebes Rd Employees (off-site) 2 3 trips/employee Auto/Light Truck Kniebes Rd Milk Tanker Heavy Truck Kniebes Rd Commodities transport from off-site Heavy Truck Kniebes Rd Solid manure distribution to off-site fields *see note 3 Heavy Truck Kniebes Rd Rendering Service Medium Truck Kniebes Rd Veterinarian 1/week Light Truck Kniebes Rd Purveyor sales 2/facility office Auto/Light Truck 2 2 Kniebes Rd Total Auto/Light Truck Trips Total Medium Truck Trips Total Heavy Truck Trips Total Trips Notes: Trip Generation table based on Planning Partners assumptions and information obtained from applicant 1. Eleven existing residential dwellings located on site. 2. Seven off-site employees existing; 13 off-site employees proposed truck trips per year for manure distribution off site existing; 750 truck trips per year for manure distribution off site proposed 4. 3 trips per week for rendering service Source: Planning Partners February PROJECT CONSTRUCTION AND PHASING Construction of the proposed expansion is scheduled to begin during spring 2012, with expanded operations to begin in summer The project would be constructed in a single phase. REQUIRED APPROVALS A listing and brief description of the regulatory permits and approvals required to implement the proposed project is provided below. This environmental document is intended to address the environmental impacts associated with all of the following decision actions and approvals. Page 16 Initial Study John B. Pires Dairy Expansion CUP10-007

19 Project Description Merced County Preparation and approval of an Environmental Report - Merced County will act as the lead agency as defined by the California Environmental Quality Act (CEQA), and will have authority to determine if the Environmental Report is adequate under CEQA. Approval of the Conditional Use Permit - Merced County will consider the proposed dairy project as a Conditional Use Permit. Conditional Use Permits are discretionary permits for uses of land that require special review to ensure that they are compatible with the neighborhood and surrounding residences. They are considered more likely to affect surrounding land uses than uses permitted by right in a zoning district or those uses permitted under Administrative Permits. Building Permit - Merced County will require a building permit for the proposed dairy expansion project. Legalize existing structures or Demolition Permit - Merced County will require a demolition permit to remove existing mobile home structures on site, or the project applicant must submit plans for the mobile home foundation systems to legalize existing structures. Additional Dwelling Occupancy Monitoring Permit (ADOMP) - Merced County will require an ADOMP for residences in excess of one allowed by right per parcel. Encroachment Permit - The Merced County Department of Public Works will require an Encroachment Permit to allow the applicant to improve all driveways used by heavy truck operations associated with the dairy with either paved or concrete approaches onto the adjacent County roadway, in accordance with Chapter 7 of the Merced County Department of Public Works Improvement Standards and Specifications. Roadway Evaluation or Roadway Agreement - A roadway impact evaluation to assess the potential impact that the project may have on Merced County roadways, or a roadway impact agreement, issued by the Merced County Department of Public Works, Road Division to mitigate potential effects to roadway integrity from heavy truck traffic, is generally required prior to issuance of a building permit. The evaluation or agreement will determine an amount for the applicant to pay to the Merced County Road Fund to compensate the County for the increased cost of maintaining the County roadways impacted by the applicant s project or improve County roads impacted by heavy truck trips. Domestic Water Supply - The Merced County Division of Environmental Health will require a domestic well schematic that shows all wells that provide potable water to family and employee residences, including the number of year-round residents in each dwelling and which well(s) provide water to each residence. Hazardous Material Business Plan (HMBP) - The storage of any hazardous material stored on site over threshold quantities (55 gallons; 200 cu. ft.; or 500 pounds) would require a HMBP to be filed with the Merced County Division of Environmental Health. Any quantity of hazardous waste generated on site also requires that a HMBP be filed. Initial Study John B. Pires Dairy Expansion CUP Page 17

20 Project Description San Joaquin Valley Air Pollution Control District Authority to Construct / Permit to Operate The owner or operator of any facility or activity (including agricultural activities) that emits criteria air pollutants or their precursors above certain thresholds must first obtain an Authority to Construct from the San Joaquin Valley Air Pollution Control District (SJVAPCD). All new sources exceeding thresholds will be required to apply for an Authority to Construct (ATC) and Permit to Operate (PTO); this essentially is one permit that is issued in two steps. The applicant first obtains an ATC with specific conditions for implementation during construction; then an inspection is completed and, if all the conditions of the ATC are met during construction, the applicant is issued a PTO. Beyond the ATC and PTO, preparation of an Air Quality Assessment (AQIA) would be required, in addition to compliance with other district regulations. Conservation Management Practices (CMP) Plan The owner or operator of any agricultural facility of 100 acres or more, or an animal confinement facility in excess of 500 mature cows (for a dairy operation), must submit a CMP plan to the SJVAPCD prior to June 30, 2004 for existing uses, and prior to operation for proposed uses. The John B. Pires Dairy will be submitting a modification request to their existing CMP Plan based on their proposed expansion. A CMP plan requires that farm operators implement dust reduction practices for each of the following categories: harvest; unpaved roads; unpaved equipment/vehicle yards; and, other. One CMP Plan must be submitted for each crop currently grown or that will be grown within the two-year time frame of each Plan. State of California State Water Resources Control Board General Construction Activity The State Water Resources Control Board (SWRCB) has adopted a General Construction Activity Storm Water Permit for storm water discharges associated with any construction activity, including clearing, grading, excavation, reconstruction, and dredge and fill activities, that results in the disturbance of at least one acre of total land area, or whose projects disturb less than one acre but are part of a large common plan of development that disturbs one or more acres. Effective July 1, 2010 all dischargers are required to obtain coverage under the Construction General Permit Order DWQ adopted on September 2, This General Permit has developed specific BMPs as well as numeric action levels (NALs) and numeric effluent limitations (NELs) in order to achieve these minimum federal standards. In addition, the General Permit requires a Storm Water Pollution Prevention Plan (SWPPP) and Rain Event Action Plan (REAP) (another dynamic, site-specific plan) to be developed. State of California Regional Water Quality Control Board - Central Valley Region - Waste Discharge Requirements The owner or operator of any facility or activity that discharges, or proposes to discharge, waste that may affect groundwater quality or from which waste may be discharged in a diffused manner (e.g., erosion from soil disturbance) must first obtain a Waste Discharge Requirements (WDR) permit from the RWQCB. The RWQCB regulates discharges from dairies and other confined animal facilities according to the anti-degradation requirements of the Porter-Cologne Water Quality Control Act and the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins. The RWQCB will be issuing Individual WDRs for the John B. Pires Dairy. Page 18 Initial Study John B. Pires Dairy Expansion CUP10-007

21 Project Description APPLICATION OF THE MERCED COUNTY ANIMAL CONFINEMENT ORDINANCE AND ZONING CODE On October 22, 2002, Merced County adopted revisions to the County s Animal Confinement Ordinance (ACO). Additional revisions to the Merced County ACO and Merced County Code Chapter (Zoning Code Agricultural Zones) were adopted on February 8, (The Merced County ACO is included as a section of Title 18 Zoning of the Merced County Code.) The ACO regulates the design, construction, and operation of animal confinement facilities within the county. Because the Ordinance is regulatory rather than permissive, all existing and proposed animal confinement facilities within the county are required to comply with the terms of the Ordinance, including the proposed John B. Pires Dairy Expansion project. Following is a summary of major ACO provisions. Copies of the complete text of the Ordinance are available from: the Merced County Division of Environmental Health (DEH), 260 E. 15 th Street, Merced, California, 95340; the Merced County Planning and Community Development Department, 2222 M Street, Merced, California 95340; and on the County s Internet site at < Merced County s ACO provides environmental compliance regulations that affect dairies and other animal confinement facilities in Merced County. The Ordinance requires that all animal confinement facilities, existing and new, complete and implement a Comprehensive Nutrient Management Plan (CNMP) for existing animal confinement facilities, CNMPs must be completed by December 31, 2006, and for the construction of a new facility, or for modification or expansion of an existing animal confinement facility, the CNMP must be completed prior to construction. The purpose of the CNMP is to ensure a balance between manure/wastewater application and nutrient uptake by crops in order to minimize impacts to groundwater. Since adoption of the ACO, the Regional Water Quality Control Board has issued new requirements for preparation of a Nutrient Management Plan (NMP) and Waste Management Plan (WMP), which would serve in place of the CNMP as allowed by County Code Chapter K. In addition to the CNMP, the ACO includes measures designed to increase protection of surface and groundwater resources. Both liquid and dry manure are regulated by the Ordinance under detailed management requirements. For example, the ACO prohibits the storage or application of manure (liquid or dry) within 100 feet of a surface water body or irrigation well unless adequate protection is provided. Dry manure storage and application is regulated to prevent groundwater or surface water contamination. In addition, the liquid manure management system must include provisions for appropriate cropland application and collection of tailwater from cropland irrigated with liquid manure. The ACO requires that all off-site discharge of drainage water from cropland application areas meet the discharge and receiving water standards of the appropriate irrigation or drainage district and the RWQCB. The ACO also includes design and management provisions for the construction of retention ponds and settling basins to prevent groundwater contamination, obnoxious odors, or excessive fly or mosquito breeding. The retention pond provisions of the Ordinance apply only to new or expanding animal confinement facilities. The ACO measures for retention ponds and settling basins include capacity requirements, maintenance guidelines, size restrictions, and minimum design standards of 10-6 centimeters per second seepage velocity or less. Initial Study John B. Pires Dairy Expansion CUP Page 19

22 Project Description To prevent nuisances from odors or vectors, the ACO requires animal confinement facilities to implement both odor control measures and a vector control plan. The need for specific control measures is determined by the Merced County DEH on a site-specific basis. Additionally, the Ordinance prohibits the location of new animal confinement facilities within one-half mile of urban areas or areas zoned for residential uses, or concentrations of rural residences. To provide additional protection from the nuisances mentioned above, the ACO generally prohibits the location of animal confinement facilities within 1,000 feet of an off-site residence, unless written permission from the off-site resident or property owner is given. To ensure compliance with the provisions of the ACO, the Ordinance requires routine inspections of animal confinement facilities by Merced County DEH. Enforcement of the provisions contained in the revised ACO is conducted by Merced County DEH and the Planning and Community Development Department. In addition, the ACO includes penalties for any person who violates or fails to comply with the provisions of the ACO. TIERING FROM THE MERCED COUNTY ANIMAL CONFINEMENT ORDINANCE EIR Tiering refers to the relationship between a program-level EIR (where long-range programmatic cumulative impacts are the focus of the environmental analysis) and subsequent environmental analyses such as this subject document, which focus primarily on issues unique to a smaller project within the larger program or plan pursuant to of the State CEQA Guidelines. Tiering focuses the environmental review on the project-specific significant effects that were not examined in the prior environmental review or are susceptible to substantial reduction or avoidance by specific revisions in the project, by the imposition of conditions, or by other means. The tiering concept will be discussed more fully in the EIR for this project. In the case of the John B. Pires Dairy Expansion project, the environmental analysis for this Initial Study is tiered from the EIR for the Merced County Animal Confinement Ordinance Revision. The Merced County Board of Supervisors certified the EIR and adopted the revised ACO on October 22, 2002 (SCH # ). The environmental conclusions of the 2002 EIR were subsequently reconfirmed in an Addendum to the EIR prepared and certified by the County on February 8, The ACO regulates the design, construction, and operation of animal confinement facilities within the County; all existing and proposed animal confinement facilities within the County are required to comply with the terms of the Ordinance, including the John B. Pires Dairy Expansion project. To reflect this, the requirements of the Ordinance and conclusions of the environmental analysis contained in the ACO EIR were incorporated in this Initial Study. The ACO EIR comprehensively evaluated the potential environmental effects of implementing the revisions to the ACO and from approval of new or expanding animal confinement facilities. The ACO EIR identified a number of mitigation measures that would reduce the magnitude of these potential effects. Those measures were subsequently adopted by the County as conditions of approval for the revisions to the ACO, and a mitigation monitoring program was adopted. Because the John B. Pires Dairy Expansion project is subject to the requirements of the ACO for new and expanding animal confinement facilities, those previously adopted mitigation measures and conditions apply to the John B. Pires Dairy Expansion project, and would continue to apply after approval of the currently requested actions. Therefore, the John B. Pires Dairy Expansion project is related to the ACO EIR and, pursuant to Section 15152(a) of the CEQA Guidelines, tiering of environmental documents is appropriate. Page 20 Initial Study John B. Pires Dairy Expansion CUP10-007

23 Project Description The 2002 ACO EIR can be reviewed at the following location: Merced County Division of Environmental Health 650 E. 15 th St. Merced, California Based on the reasoning set forth above, this environmental evaluation implements, and is consistent with, mitigation measures and study protocols adopted by Merced County in its certification of the EIR for Revisions to the ACO and its approval of the Revised Ordinance. Because of its importance relative to understanding the environmental analysis that has occurred to date with respect to the potential environmental impacts associated with the construction and operation of animal confinement facilities in Merced County, the ACO EIR is hereby incorporated by reference pursuant to CEQA Guidelines as though fully set forth herein. Initial Study John B. Pires Dairy Expansion CUP Page 21

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25 Analysis of s 2. ENVIRONMENTAL ANALYSIS PURPOSE AND LEGAL BASIS FOR THE INITIAL STUDY As a public disclosure document, this Initial Study also provides local decision makers and the public with information regarding the environmental impacts associated with the proposed project. According to Section of the CEQA Guidelines, the purpose of an Initial Study is to: 1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or a Negative Declaration. 2. Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a Negative Declaration. 3. Assist in the preparation of an EIR, if one is required by: a. Focusing the EIR on the effects determined to be significant, b. Identifying the effects determined not to be significant, c. Explaining the reasons for determining that potentially significant effects would not be significant, and d. Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project s environmental effects. 4. Facilitate environmental assessment early in the design of a project. 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment. 6. Eliminate unnecessary EIRs. 7. Determine whether a previously prepared EIR could be used with the project. INITIAL ENVIRONMENTAL CHECKLIST Following each major category in the Initial Study, there are four determinations by which to judge the project s impact. These categories and their meanings are shown below: No means that it is anticipated that the project will not affect the physical environment on or around the project site. It therefore does not warrant mitigation measures. Less-than- means the project is anticipated to affect the physical environment on and around the project site, however to a less-than-significant degree, and therefore not warranting mitigation measures. with Mitigation Incorporated applies to impacts where the incorporation of mitigation measures into a project has reduced an effect from Potentially to Less Than. In such cases, and with such projects, mitigation measures will be provided including a brief explanation of how they reduce the effect to a less-thansignificant level. Potentially means there is substantial evidence that an effect is significant, and no mitigation is possible. Initial Study John B. Pires Dairy Expansion CUP Page 23

26 Analysis of s ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Land Use / Planning Mineral Resources Noise Hydrology / Water Quality Population and Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance Page 24 Initial Study John B. Pires Dairy Expansion CUP10-007

27 Analysis of s I. AESTHETICS: Potentially with Mitigation Incorporated No Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? e) Expose residential property to unacceptable light levels? The project site is currently in agricultural use (agricultural crops and an existing dairy) and surrounded by agricultural uses and associated residences. Question a: No. Viewers are limited to motorists on perimeter roadways and residents of surrounding agricultural facilities and operations. No scenic vista is visible from the project site; nor is the site visible from any nearby scenic vista. Because the proposed dairy expansion would not affect a scenic vista, no impact would result with implementation of the project. Question b: No. No state- or locally-designated scenic highway is visible from the project site; nor is the site visible from any nearby designated scenic highway (Caltrans 2007). Further, no important scenic resources are located on the project site. Because the project site is not located within the viewshed of a designated scenic highway, there would be no damage to scenic resources, and no impact would result with implementation of the dairy expansion project. Question c: Less-than-significant. Developed agricultural facilities in the vicinity range from irrigated pasture to confined animal facilities, including dairy facilities located approximately 0.5 miles to the north and to the west of the project site. Though the existing dairy facilities are visible from perimeter roads, their appearance is a common sight in rural areas of Merced County, and the visual effects of the dairy are reasonable and expected in the context of the Agriculture land use designation. The proposed project would appear similar to existing facilities in the project area, and would be considered common and appropriate to the region by most viewers. Since the proposed project is consistent with the existing and planned agricultural uses of the area, implementation of the project would not degrade the existing visual character of the site or surroundings. Question d, e: Less-than-significant. The project may add an additional source of light to the area for new security lighting. While there are sensitive receptors for nighttime light and glare located in the vicinity of proposed active dairy operations, County standards require that all new lighting be directed away from or be properly shaded to eliminate light trespass or glare within a project or onto surrounding properties. County requirements would reduce any light and glare effects to less-than-significant levels. Initial Study John B. Pires Dairy Expansion CUP Page 25

28 Analysis of s II. AGRICULTURE AND FOREST RESOURCES: Potentially with Mitigation Incorporated No In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agriculture Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) 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 nonagriculture use? b) Conflict with existing zoning for agriculture use, or a Williamson Act Contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agriculture use or conversion of forest land to non-forest use? The project site is currently in agricultural use and surrounded by similar agricultural uses and associated residences. Expansion of the permitted dairy herd would represent a continuation of agricultural uses. Question a: Less-than-significant. According to the California Department of Conservation s (DOC) Important Farmlands Map of Merced County, the area of active dairy facilities is designated Confined Animal Agriculture (FMMP 2008). Confined Animal Agriculture lands as defined by DOC include poultry facilities, feedlots, dairy facilities, and fish farms. The project site cropland is designated as Farmland of Local Importance, Farmland of Statewide Importance, Unique Farmland, Semi-agricultural and Rural Commercial land, and Prime Farmland (see Figure 10). Page 26 Initial Study John B. Pires Dairy Expansion CUP10-007

29 Project Area SOURCE: California Department of Conservation, Division of Land Resources Protection. Farmland Mapping Program. Merced County Important Farmland County PDF maps, available at < Map published January John B. Pires Dairy Expansion Figure 10 Important Farmlands in the Project Area

30 Analysis of s The Natural Resources Conservation Service (NRCS) provides agricultural ratings for soils in the project area in the Merced County Soil Survey (see Table 5 below). Predominant soils in the area of the project site as classified by the NRCS consist of Britto clay loam, leveled (142), Dosamigos clay loam, partially drained (168), Dosamigos clay, partially drained (169), Marcuse clay, leveled (212), Pedcat clay loam, leveled, 0 to 2 percent slopes (236), Santanela loam (248), Triangle clay (256), and Woo clay loam, wet, 0 to 2 percent slopes. The majority of the area of the proposed dairy expansion is located on the Dosamigos clay loam, partially drained soil type, and a small portion of the expansion area is located on the Pedcat clay loam, leveled, 0 to 2 percent slopes soil type; neither of these soils are rated as Prime Farmland soils (see Table 5). Table 5 John B. Pires Dairy On-Site Soil Types Soil Map Symbol and Name Approx. % CA Revised Storie Project Site Index Grade Farmland Classification (142) Britto Clay Loam, Leveled 1% 6 - Nonagricultural Not prime (168) Dosamigos Clay Loam, partially drained 21% 3 - Fair Statewide Importance (169) Dosamigos Clay, partially drained 6% 4 - Poor Statewide Importance (212) Marcuse Clay, leveled 12% 6 - Nonagricultural Statewide Importance (236) Pedcat Clay Loam, leveled, 0 to 2 percent slopes 50% 5 - Very Poor Not Prime (248) Santanela Loam 3% 6 - Nonagricultural Not Prime (256) Triangle Clay 4% 5 - Very Poor Not Prime (279) Woo Clay Loam, Wet, 0 to 2 percent slopes 3% 2 - Good Prime, if irrigated Source: Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at accessed March 7, Construction of the proposed heifer pens and ancillary uses north of the existing dairy would convert approximately 12 acres of existing cropland to active dairy facilities, an agricultural use. This area of cropland is designated as Farmland of Statewide Importance and Unique Farmland. Because this area of the project site would be maintained in agricultural use, construction of the proposed facilities would not convert Unique Farmland or Farmland of Statewide Importance to a nonagricultural use, and a less-than-significant impact would result. Question b: Less-than-significant. The project site and area are designated for agricultural uses by the Merced County General Plan and Zoning Ordinance. None of the project site parcels are currently under a Williamson Act Contract. The existing use, a dairy, is an agricultural use consistent with the General Plan and Zoning Ordinance. Adjacent properties are also in agricultural uses, namely field crops in all surrounding areas. No feature of the project would preclude or limit the agricultural use of the project site or adjoining parcels. There are several off-site single-family residences associated with other agricultural operations located on parcels to the north and south of the project site. The nearest off-site residence is located within 1,000 feet of the existing active dairy facilities of the John B. Pires Dairy, approximately 525 feet south of existing facilities. The residence to the north would also be located within 1,000 feet of the dairy as a result of the proposed expansion (see Section X for a discussion of land use compatibility). These residences would not conflict with continued agricultural production on the site (for location of off-site residences, see Figure 4). Thus, the proposed project would be the continuation of an existing agricultural use consistent with County policies, and would not conflict with adjacent agricultural and/or nonagricultural uses. Question c, d: No. The project site is not zoned for forest land or timberland, nor are there any forest resources located on the project site. Thus, no impact would occur. Question e: No. The proposed dairy expansion project would not involve the development of any use inconsistent with the project site s agriculture zoning, and would not result in the development of non-agricultural uses. Thus, no impact would occur. Page 28 Initial Study John B. Pires Dairy Expansion CUP10-007