MEETING HANDOUT. Meeting: Board Meeting. Date: July 5, 2017

Transcription

1 MEETING HANDOUT Meeting: Board Meeting Date: July 5, 2017 Item: 3.5 Consideration and Action on Resolution No Adopting the Addendum to the Final Environment Impact Report No. 584 (SCH # ) and Final Environmental Impact Report No. 589 (SCH # ) for the Lapeyre Industrial Sands Pond Project Associated with the Trampas Canyon Dam and Reservoir Project, Contract Nos. C-1773 & C-1773A Revised Copies of the attachments are being provided in redline for review; a final version without redlines will be available at the meeting.

2 RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SANTA MARGARITA WATER DISTRICT APPROVING AN ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 584 (SCH # ) AND FINAL ENVIRONMENTAL IMPACT REPORT NO. 589 (SCH # ) FOR THE LAPEYRE INDUSTRIAL SANDS POND PROJECT AND APPROVING THE LAPEYRE INDUSTRIAL SANDS POND PROJECT WHEREAS, the Santa Margarita Water District ( District ) is a retail water agency in Orange County that provides water and wastewater services to over 155,000 customers in Mission Viejo, Rancho Santa Margarita, San Clemente and the unincorporated areas of Coto de Caza, Las Flores, and Ladera Ranch; and WHEREAS, demand for recycled water and the District s production of recycled water are projected to increase substantially by the year 2030; and WHEREAS, the District s long-term planning efforts have identified a need for a recycled water seasonal storage reservoir; and WHEREAS, the District approved the acquisition and reconstruction of the existing Trampas Canyon Dam and Reservoir, which has been used as a quarry tailings retention facility for decades, to be used as a recycled water seasonal storage reservoir; and WHEREAS, it was determined that a replacement facility would be required to avoid operational impacts to the ongoing quarry, which had been using the Trampas Canyon Reservoir as a retention facility, therefore the District, in conjunction with the reconstruction of the Trampas Canyon Dam and Reservoir, intends to construct a replacement pond, known as the Lapeyre Industrial Sands Pond; and WHEREAS, the will provide a pond with a surface area of approximately 37,890 square feet (0.87 acre), with a maximum water depth of 43 feet, and a capacity of approximately 17.0 acre-feet ( Proposed Project ); and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code section et seq.) and the State CEQA Guidelines (14 Cal. Code Regs et seq.) ( CEQA ), the District is the Lead Agency for the Proposed Project; and WHEREAS, the County of Orange ( County ) was the CEQA Lead Agency for Final Program Environmental Impact Report No. 584 ( EIR No. 584 ) for the South Subregional Natural Community Conservation Planning Program/Master Streambed Alteration Agreement/Habitat Conservation Plan ( SSHCP ); and -1-

3 WHEREAS, the SSHCP was prepared by the County in cooperation with the California Department of Fish and Wildlife and the United States Fish and Wildlife Service to provide for the conservation of designated state and federally listed and unlisted species and their associated habitats within the 132,000-acre SSHCP study area; and WHEREAS, EIR No. 584 addressed proposed District facilities, including the construction of a recycled water reservoir, in the context of the SSHCP; and WHEREAS, the County was also the CEQA Lead Agency for Final Environmental Impact Report No. 589 ( EIR No. 589 ) for the Ranch Plan Planned Community project, a 22,815-acre, 14,000-dwelling unit master planned community located in unincorporated Orange County; and WHEREAS, EIR No. 589 addressed the overall program for implementing the Ranch Plan Planned Community, and considered the District s recycled water reservoir project as a cumulative project located within the Ranch Plan Planned Community; and WHEREAS, the Proposed Project is being undertaken in support of the Trampas Canyon Dam and Reservoir; and WHEREAS, District staff has evaluated the Proposed Project and considered whether, in light of the impacts associated with the recycled water reservoir identified in EIR No. 584 and EIR No. 589, any supplemental or subsequent environmental review is required pursuant to Public Resources Code section or State CEQA Guidelines section 15162; and WHEREAS, District staff concluded that none of the circumstances described in Public Resources Code section or State CEQA Guidelines section have occurred, and thus no supplemental or subsequent EIR is required; and WHEREAS, District staff has determined that because some changes and additions to EIR No. 584 and EIR No. 589 are necessary due to the changes in the Proposed Project, an addendum is the appropriate environmental review document pursuant to State CEQA Guidelines section and therefore directed preparation of an addendum to both EIR No. 584 and EIR No. 589 ( Addendum ); and WHEREAS, the Board of Directors has reviewed the Addendum, in conjunction with EIR No. 584 and EIR No. 589, prior to taking action on the Proposed Project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the Santa Margarita Water District as follows: Section 1. The above recitals are true and correct and incorporated herein by reference. Section 2. State CEQA Guidelines section requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The District has reviewed and considered EIR No. 584, EIR No. 589, and the Addendum and finds that these -2-

4 documents taken together contain a complete and accurate reporting of any potential environmental impacts associated with the Proposed Project. The District further finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The District further finds and determines that the Addendum reflects the District s independent judgment. Section 3. Based on the substantial evidence set forth in the record, including but not limited to EIR No. 584, EIR No. 589, and the Addendum, the District finds that an addendum is the appropriate document for disclosing the changes with associated with the construction of the Proposed Project, and that none of the conditions identified inunder State CEQA Guidelines section requiring subsequent environmental review have occurred, because: (a) The Proposed Project does not constitute a substantial change that would require major revisions of EIR No. 584 and EIR No. 589 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Facts supporting this conclusion include, but are not limited to, the following: The impact assessment in both EIR No. 584 and EIR No. 589 (together, the EIRs ) made assumptions regarding the size, location, and extent of habitat removal and species impacts as part of the evaluation of the Ranch Plan Planned Community and the covered District infrastructure improvements; however, it was acknowledged that the precise location of such improvements may shift to address engineering constraints, to minimize impacts, or to address other factors that could not have been known until more detailed plans were developed. By providing the Proposed Project in conjunction with the reconstruction of the existing Trampas Canyon Dam and Reservoir, the overall amount of grading required to for the combined facilities (i.e., the Proposed Project and the Trampas Canyon Dam and Reservoir) is reduced from what was originally assumed for the recycled water reservoir. Operational impacts of the Trampas Canyon Dam and Reservoir are remain the same as what was assumed for the recycled water reservoir in the EIRs. Longterm operational impacts. The Proposed Project would not change the operational impacts of the Trampas Canyon Dam and Reservoir or the Lapeyre Industrial Sands operations. Thus operational impacts including, but not limited to, air quality impacts and transportation and traffic impacts, remain the same as was disclosed in the EIRs. Overall, the total development area of the Ranch Plan has been reduced through a settlement agreement and other project modifications, making the amount of grading assumed in the EIRs overstated. The Proposed Project would avoid potential impacts on the ongoing quarry operation consistent with the findings of the Addendum prepared for the Trampas Canyon Dam and Reservoir. -3-

5 The Proposed Project is consistent with the Orange County General Plan and Orange County Zoning Ordinance, which designates the Ranch Plan Planning Area 5 as Suburban Residential and zones the site as Planned Community. Section III.H.2 of the Ranch Plan Planned Community Program Text, which serves as the zoning document for the Project site, identifies the silica mining operation as an existing use within the Ranch Plan and states that any existing use identified in may be expanded or modified without the issuance of new County approvals or permits provided certain conditions are met. The provision of the replacement pond meets all the conditions. (b) (c) There is not a substantial change with respect to the circumstances under which the Proposed Project will be developed that would require major revisions of the EIRs due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the EIRs were certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Section 4. The District hereby adopts the Mitigation Monitoring and Reporting Program ( MMRP ) prepared for the Addendum, which contains those mitigation measures identified in EIR No. 584 and EIR No. 589 that are applicable to the, attached hereto as Exhibit A. Section 5. The District hereby approves and adopts the Addendum. Section 6. The District hereby approves the Trampas Canyon Dam and Reservoir Site Preparation Project as part of the Trampas Canyon Dam and Reservoir project. Section 7. The District directs staff to prepare, execute and file a CEQA Notice of Determination with the Orange County Clerk s Office within five working days of the District s action on the Proposed Project. Section 8. EIR No. 584, EIR No. 589, the Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at the District s office located at Antonio Parkway, Rancho Santa Margarita, California. The custodian of these records is the Secretary to the Board of Directors of the District. -4-

6 PASSED AND ADOPTED at a regular meeting the Board of Directors for the Santa Margarita Water District held on July 5, 2017 by the following vote: Attest: Charles T. Gibson President, Board of Directors Santa Margarita Water District Kelly Radvansky Secretary to the Board of Directors Santa Margarita Water District -5-

7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, Kelly Radvansky, Secretary of the Board of Directors of the Santa Margarita Water District, do hereby certify that the foregoing Resolution was duly adopted by the Board of Directors said District at a regular meeting held on the 5th day of July, 2017 and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: DIRECTORS: DIRECTORS: DIRECTORS: Kelly Radvansky Secretary to the Board of Directors Santa Margarita Water District I, Kelly Radvansky, Secretary of the Board of Directors of the Santa Margarita Water District, do hereby certify that the above and forgoing is a full, true, and correct copy of Resolution No of said Board, and that the same has not been amended or repealed. DATED: July 5, 2017 Kelly Radvansky Secretary to the Board of Directors Santa Margarita Water District (Seal) -6-

8 EXHIBIT A MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status AIR QUALITY SC All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust, and Rule 402, Nuisance. All grading (regardless of acreage) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor would implement each of the following: Verification of compliance with Rule 403 and Rule 402 Inclusion of requirements in contract specifications/ verify during construction SMWD Deputy General Manager (a) Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from traveling more than 100 feet in any direction. (b) Apply chemical stabilizers to disturbed surface areas (i.e., completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. (c) Water excavated soil piles hourly or cover with temporary coverings. (d) Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site (e) Wash mud-covered tires and under-carriages of trucks leaving construction sites. (f) Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing from project sites. -7-

9 Mitigation Measure SC The contractor shall comply with the following measures, as feasible, to reduce NOX and ROC from heavy equipment. (a) Turn equipment off when not in use for more than five minutes. Implementing Action(s) Place as general notes on approved grading plan Time of Verification Inclusion of requirements on grading plans/ verify during construction Responsible Party SMWD Deputy General Manager Status (b) Maintain equipment engines in good condition and in proper tune as per manufacturers specifications. (c) Lengthen the construction period during smog season (May through October) to minimize the number of vehicles and equipment operating at the same time. MM (updated) In order to reduce NOx emissions from construction equipment, prior to initiation of construction the contractor shall provide evidence of the following: Use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export, as applicable). Place as general notes on approved grading plan Prior to the initiation of grading/verify implementation during construction SMWD Deputy General Manager All on-site construction equipment shall meet Environmental Protection Agency (EPA) Tier 3 or higher emissions standards. All off-road diesel-powered construction equipment greater than 50 horsepower shall meet the Tier 4 emissions standards, where available. In addition, all construction equipment shall be outfitted with Best Available Control Technology (BACT) devices certified by California Air Resources Board (CARB). Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. -8-

10 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status BIOLOGICAL RESOURCES MM Biological resources outside of the proposed Project impact area shall be protected during construction. To ensure this protection, the Project Applicant shall prepare and implement a Biological Resources Construction Plan (BRCP) that provides for the protection of the resource and established the monitoring requirements. The BRCP shall contain at a minimum the following: Preparation and approval of a BRCP. Submittal of the BRCP to USFWS as an informational item. Prior to initiation of construction/ verify implementation during construction SMWD Deputy General Manager Specific measures for the protection of sensitive amphibian, mammal, bird, and plant species during construction. Identification and qualification of habitats to be removed. Design of protective fencing around conserved habitat areas and the construction staging areas. Specific construction monitoring programs for sensitive species required by Wildlife Agencies including, but not limited to, programs for the arroyo southwestern toad, western spadefoot toad, southwestern pond turtle, cactus wren, and coastal California gnatcatcher. Such measures shall be consistent with prior Section 7 consultations and 1600 agreements e.g., Arroyo Trabuco Golf Course. Specific measures required by Wildlife Agencies (e.g., Arroyo Trabuco Golf Course) for the protection of sensitive habitats including, but are not limited to, erosion and siltation control measures, protective fencing guidelines, dust control measures, grading techniques, construction area limits, and biological monitoring requirements. Provisions for biological monitoring during construction activities to ensure compliance and success of each protective measure. The monitoring procedures will (1) identify specific locations of wildlife habitat and sensitive species to be monitored; (2) identify the frequency of monitoring, monitoring methodology (for each habitat and sensitive species to be -9-

11 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status monitored); (3) list required qualifications of biological monitor(s); and (4) identify reporting requirements. CULTURAL RESOURCES SC Prior to initiation of grading, SMWD or contractor shall retain a RPA qualified archaeologist to oversee grading activities and salvage and catalogue archaeological resources as necessary. The archaeologist shall be present at the pre-grade conference; shall establish procedures for archaeological resource surveillance; and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project applicant, for exploration and/or salvage. Prior to the release of the grading bond, the contractor shall obtain approval of the archaeologist s follow-up report from the SMWD Contract Administrator. The report shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. The qualified archaeologist shall prepare excavated material to the point of identification and prepare the resources for curation according to current professional standards. The archaeologist shall coordinate with the SMWD Contract Administrator on the curation process. SC Prior to initiation of grading, SMWD or contractor shall retain a qualified paleontologist to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resources surveillance, and shall establish, in cooperation with the contractor, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the contractor, which ensure proper exploration and/or salvage. Written evidence that a qualified archaeologist has been retained to observe grading and salvage and catalog archaeological resources Prior to construction SMWD Deputy General Manager Written evidence that a qualified paleontologist has been retained to observe grading and salvage and to catalog paleontological resources Prior to initiation of grading SMWD Deputy General Manager -10-

12 Mitigation Measure Implementing Action(s) Qualified paleontologist s report on paleontological resources Time of Verification Upon project completion Responsible Party SMWD Deputy General Manager Status Prior to the release of any grading bond, the contractor shall submit the paleontologist s follow up report for approval from the SMWD Contract Administrator. The report shall include the period of inspection, a catalogue and analysis of the fossils found, and the present repository of the fossils. The contractor shall prepare excavated material to the point of identification. The contractor shall offer excavated finds for curatorial purposes to SMWD, or its designee, on a first-refusal basis MM * As applicable, the following archaeological site shall be mitigated to a less than significant level: CA-ORA Based on the mitigation standards set forth in the California Environmental Act (CEQA) Guidelines (b) and Public Resources Code , mitigation shall be accomplished through implementation of one of the following mitigation options: Verify archaeological sites have been avoided or the presence of a county certified archaeologist during grading and brush removal Prior and during construction SMWD Deputy General Manager a. Relocation of grading boundaries/fuel modification zones to completely avoid disturbance to the site(s). Should the boundary relocation be infeasible, an archaeological monitor shall be present during grading and fuel modification brush clearance in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the County of Orange). Fencing or stakes shall be erected outside of the sites to visually depict the areas to be avoided during construction. b. Prior to grading in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the County of Orange), Phase III data recovery (salvage excavations) shall be conducted for this archaeological site or any other sites within the potential impact area of development that cannot be avoided. The Phase III work shall provide sufficient scientific information to fully mitigate the impacts of development on these sites and be performed in accordance with standards of the State Office of Historic Preservation. In accordance with California Health and Safety Code Section , if human remains are found, no further -11-

13 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section , the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. * Only applicable if grading in the vicinity of CA-ORA-656 is required. GEOLOGY AND SOILS SC Prior to the initiation of grading, SMWD General Manager, or his designee, shall determine that the proposed grading is consistent with the grading depicted within the approved planning application. HAZARDOUS MATERIALS SC Prior to the initiation of a grading, the contractor shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. HYDROLOGY AND WATER QUALITY SC Water Quality Management Plan. Prior to the initiation of construction, SMWD shall prepare, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will Submittal of satisfactory grading plans Prior to the initiation of grading SMWD Deputy General Manager Inclusion of requirements in contract specifications Prior to the initiation of grading SMWD Deputy General Manager Preparation of Water Quality Management Plan Prior to initiation of construction SMWD Deputy General Manager -12-

14 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status be used onsite to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine structural and non-structural measures specified in the current Drainage Area Management Plan (DAMP). The WQMP may include one or more of the following: Discuss regional water quality and/or watershed programs (if available for the project); Address Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas; Include the applicable Routine Source Control BMPs as defined in the DAMP; Demonstrate how surface runoff and subsurface drainage shall be managed and directed to the nearest acceptable drainage facility (as applicable), via sump pumps if necessary. SC Stormwater Pollution Prevention Plan. Prior to the initiation of grading, SMWD or the contractor shall demonstrate compliance under California s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review on request SC Erosion and Sediment Control Plan. Prior to the initiation of any grading, SMWD or the contractor shall prepare an Erosion and Sediment Control Plan (ESCP) to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall Provision of Notice of Intent and verification of a copy of the Storm Water Pollution Prevention Plan (SWPPP); at the project site Prior to initiation of grading SWMD Deputy General Manager Submittal of satisfactory ESCP; verification of copy of ESCP at project site Prior to initiation of grading SWMD Deputy General Manager -13-

15 Mitigation Measure Implementing Action(s) Time of Verification identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also describe how the contractor will ensure that all BMPs will be maintained during construction of any future public right-of-ways. A copy of the current ESCP shall be kept at the Project site and be available for review on request. SMWD S APPENDIX U AVOIDANCE AND MINIMIZATION MEASURES SMWD II.6 The permittee shall identify the limits of impacts in the field with brightly-colored flags, tape, or other marking to prevent unauthorized grading outside approved footprints SMWD II.11 During work on each infrastructure project, the permittee shall provide weekly construction reports via , fax, and/or mail demonstrating status of compliance with all project construction special conditions. Appropriate photos shall be submitted to show establishment of project construction minimization features. AIR QUALITY SC All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 403, Fugitive Dust, and Rule 402, Nuisance. All grading (regardless of acreage) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor would implement each of the following: (a) Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from traveling more than 100 feet in any direction. (b) Apply chemical stabilizers to disturbed surface areas (i.e., completed grading areas) within five days of completing grading or apply dust suppressants or Identification of limits of impact/approved footprint Preparation of weekly construction reports Verification of compliance with Rule 403 and Rule 402 Prior to initiation of construction and verify during construction Throughout construction Inclusion of requirements in contract specifications/ verify during construction Responsible Party SMWD Deputy General Manager SMWD Deputy General Manager SMWD Chief Engineer Status -14-

16 Mitigation Measure vegetation sufficient to maintain a stabilized surface. Implementing Action(s) Time of Verification Responsible Party Status (c) Water excavated soil piles hourly or cover with temporary coverings. (d) Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site (e) Wash mud-covered tires and under-carriages of trucks leaving construction sites. (f) Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing from project sites. SC The contractor shall comply with the following measures, as feasible, to reduce NOX and ROC from heavy equipment. (a) Turn equipment off when not in use for more than five minutes. Place as general notes on approved grading plan Inclusion of requirements on grading plans/ verify during construction SMWD Chief Engineer (b) Maintain equipment engines in good condition and in proper tune as per manufacturers specifications. (c) Lengthen the construction period during smog season (May through October) to minimize the number of vehicles and equipment operating at the same time. MM (updated). In order to reduce NOx emissions from construction equipment, prior to initiation of construction the contractor shall provide evidence of the following: Use of 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export, as applicable). Place as general notes on approved grading plan Prior to the initiation of grading/verify implementation during construction SMWD Chief Engineer All on-site construction equipment shall meet Environmental Protection Agency (EPA) Tier 3 or higher emissions standards. All off-road diesel-powered construction equipment greater -15-

17 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status than 50 horsepower shall meet the Tier 4 emissions standards, where available. In addition, all construction equipment shall be outfitted with Best Available Control Technology (BACT) devices certified by California Air Resources Board (CARB). Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. A copy of each unit s certified tier specification, BACT documentation, and CARB or SCAQMD operating permit shall be provided at the time of mobilization of each applicable unit of equipment. BIOLOGICAL RESOURCES MM Biological resources outside of the proposed Project impact area shall be protected during construction. To ensure this protection, the Project Applicant shall prepare and implement a Biological Resources Construction Plan (BRCP) that provides for the protection of the resource and established the monitoring requirements. The BRCP shall contain at a minimum the following: Preparation and approval of a BRCP. Submittal of the BRCP to USFWS as an informational item. Prior to initiation of construction/ verify implementation during construction SMWD Chief Engineer Specific measures for the protection of sensitive amphibian, mammal, bird, and plant species during construction. Identification and qualification of habitats to be removed. Design of protective fencing around conserved habitat areas and the construction staging areas. Specific construction monitoring programs for sensitive species required by Wildlife Agencies including, but not limited to, programs for the arroyo southwestern toad, western spadefoot toad, southwestern pond turtle, cactus wren, and coastal California gnatcatcher. Such measures shall be consistent with prior Section 7 consultations and -16-

18 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status 1600 agreements e.g., Arroyo Trabuco Golf Course. Specific measures required by Wildlife Agencies (e.g., Arroyo Trabuco Golf Course) for the protection of sensitive habitats including, but are not limited to, erosion and siltation control measures, protective fencing guidelines, dust control measures, grading techniques, construction area limits, and biological monitoring requirements. Provisions for biological monitoring during construction activities to ensure compliance and success of each protective measure. The monitoring procedures will (1) identify specific locations of wildlife habitat and sensitive species to be monitored; (2) identify the frequency of monitoring, monitoring methodology (for each habitat and sensitive species to be monitored); (3) list required qualifications of biological monitor(s); and (4) identify reporting requirements. CULTURAL RESOURCES SC Prior to initiation of grading, SMWD or contractor shall retain a RPA qualified archaeologist to oversee grading activities and salvage and catalogue archaeological resources as necessary. The archaeologist shall be present at the pre-grade conference; shall establish procedures for archaeological resource surveillance; and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions, in cooperation with the project applicant, for exploration and/or salvage. Prior to the release of the grading bond, the contractor shall obtain approval of the archaeologist s follow-up report from the SMWD Resident Engineer. The report shall include the period of inspection, an analysis of any artifacts found and the present repository of the artifacts. The qualified archaeologist shall prepare excavated material to the point of identification and prepare the Written evidence that a qualified archaeologist has been retained to observe grading and salvage and catalog archaeological resources Prior to construction SMWD Chief Engineer -17-

19 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status resources for curation according to current professional standards. The archaeologist shall coordinate with the SMWD Resident Engineer on the curation process. SC Prior to initiation of grading, SMWD or contractor shall retain a qualified paleontologist to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre-grade conference, shall establish procedures for paleontological resources surveillance, and shall establish, in cooperation with the contractor, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the contractor, which ensure proper exploration and/or salvage. Written evidence that a qualified paleontologist has been retained to observe grading and salvage and to catalog paleontological resources Prior to initiation of grading SMWD Chief Engineer Prior to the release of any grading bond, the contractor shall submit the paleontologist s follow up report for approval from the SMWD Resident Engineer. The report shall include the period of inspection, a catalogue and analysis of the fossils found, and the present repository of the fossils. The contractor shall prepare excavated material to the point of identification. The contractor shall offer excavated finds for curatorial purposes to SMWD, or its designee, on a first-refusal basis Qualified paleontologist s report on paleontological resources Upon project completion SMWD Chief Engineer MM * As applicable, the following archaeological site shall be mitigated to a less than significant level: CA-ORA Based on the mitigation standards set forth in the California Environmental Act (CEQA) Guidelines (b) and Public Resources Code , mitigation shall be accomplished through implementation of one of the following mitigation options: Verify archaeological sites have been avoided or the presence of a county certified archaeologist during grading and brush removal Prior and during construction SMWD Chief Engineer a. Relocation of grading boundaries/fuel modification zones to completely avoid disturbance to the site(s). Should the boundary relocation be infeasible, an archaeological monitor shall be present during grading and fuel modification brush clearance in the vicinity of archaeological resources (note: confidential archaeological -18-

20 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status mapping is on file at the County of Orange). Fencing or stakes shall be erected outside of the sites to visually depict the areas to be avoided during construction. b. Prior to grading in the vicinity of archaeological resources (note: confidential archaeological mapping is on file at the County of Orange), Phase III data recovery (salvage excavations) shall be conducted for this archaeological site or any other sites within the potential impact area of development that cannot be avoided. The Phase III work shall provide sufficient scientific information to fully mitigate the impacts of development on these sites and be performed in accordance with standards of the State Office of Historic Preservation. In accordance with California Health and Safety Code Section , if human remains are found, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section , the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendants shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. * Only applicable if grading in the vicinity of CA-ORA-656 is required. -19-

21 Mitigation Measure Implementing Action(s) Time of Verification Responsible Party Status GEOLOGY AND SOILS SC Prior to the initiation of grading, a geotechnical report shall be submitted to the SMWD General Manager, or his designee, for approval. The report shall meet the requirements outlined in the County of Orange Grading Code and Manual. Preparation of geotechnical report Prior to the initiation of grading SMWD Chief Engineer SC Prior to the initiation of grading, SMWD General Manager, or his designee, shall determine that the proposed grading is consistent with the grading depicted within the approved planning application. Submittal of satisfactory grading plans Prior to the initiation of grading SMWD Chief Engineer HAZARDOUS MATERIALS SC Prior to the initiation of a grading, the contractor shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Inclusion of requirements in contract specifications Prior to the initiation of grading SMWD Chief Engineer HYDROLOGY AND WATER QUALITY SC Water Quality Management Plan. Prior to the initiation of construction, SMWD shall prepare, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine structural and non-structural measures specified in the current Drainage Area Management Plan (DAMP). The WQMP may include one or more of the following: Preparation of Water Quality Management Plan Prior to initiation of construction SMWD Chief Engineer Discuss regional water quality and/or watershed programs (if available for the project); Address Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero -20-

22 Mitigation Measure discharge areas, and conserving natural areas; Implementing Action(s) Time of Verification Responsible Party Status Include the applicable Routine Source Control BMPs as defined in the DAMP; Demonstrate how surface runoff and subsurface drainage shall be managed and directed to the nearest acceptable drainage facility (as applicable), via sump pumps if necessary. SC Stormwater Pollution Prevention Plan. Prior to the initiation of grading, SMWD or the contractor shall demonstrate compliance under California s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review on request Provision of Notice of Intent and verification of a copy of the Storm Water Pollution Prevention Plan (SWPPP); at the project site Prior to initiation of grading SWMD Chief Engineer SC Erosion and Sediment Control Plan. Prior to the initiation of any grading, SMWD or the contractor shall prepare an Erosion and Sediment Control Plan (ESCP) to demonstrate compliance with local and state water quality regulations for grading and construction activities. The ESCP shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into local drainages or coastal waters by wind, rain, tracking, tidal erosion or dispersion. The ESCP shall also describe how the contractor will ensure that all BMPs will be maintained during construction of any future public right-of-ways. A copy of the current ESCP shall be kept at the Project site and be available for review on request. Submittal of satisfactory ESCP; verification of copy of ESCP at project site Prior to initiation of grading SWMD Chief Engineer -21-

23 Mitigation Measure Implementing Action(s) Time of Verification SMWD S APPENDIX U AVOIDANCE AND MINIMIZATION MEASURES SMWD II.6 The permittee shall identify the limits of impacts in the field with brightly-colored flags, tape, or other marking to prevent unauthorized grading outside approved footprints SMWD II.11 During work on each infrastructure project, the permittee shall provide weekly construction reports via , fax, and/or mail demonstrating status of compliance with all project construction special conditions. Appropriate photos shall be submitted to show establishment of project construction minimization features. Identification of limits of impact/approved footprint Preparation of weekly construction reports Prior to initiation of construction and verify during construction Throughout construction Responsible Party SMWD Chief Engineer SMWD Chief Engineer Status -22-

24 Addendum to Final Environmental Impact Report No. 584 (State Clearinghouse No ) and Final Environmental Impact Report No. 589 (State Clearinghouse No ) Lapeyre Industrial Sands Pond Prepared for Santa Margarita Water District Antonio Parkway Rancho Santa Margarita, California Contact: Don Bunts Prepared by BonTerra Psomas 3 Hutton Centre Drive, Suite 200 Santa Ana, California T: (714) July 2017

25 Lapeyre Industrial Sands Pond (Project # C-1773A) Addendum to Final Environmental Impact Report No. 584 (State Clearinghouse No ) Southern Subregion Natural Community Conservation Plan/Master Streambed Alteration Agreement/Habitat Conservation Plan Joint Programmatic Environmental Impact Report Addendum to Final Environmental Impact Report No. 589 (State Clearinghouse No ) The Ranch Plan General Plan Amendment and Zone Change Environmental Impact Report Prepared for: Santa Margarita Water District Antonio Parkway Rancho Santa Margarita, California Contact: Don Bunts Prepared by: BonTerra Psomas 3 Hutton Centre Drive, Suite 200 Santa Ana, California July 2017

26 Section TABLE OF CONTENTS Addendum to FEIR 584 and FEIR 589 Page Section 1.0 Purpose of Addendum Overview Previous Environmental Documentation Use of an Addendum Section 2.0 Project Background Project History The Ranch Plan and Final Program EIR Regulatory Agencies Plans and Approvals Southern Subregion NCCP/MSAA/HCP and Final EIR Special Area Management Plan Section 3.0 Project Description Project Location and Setting Project Setting Environmental Setting and Existing Land Uses Regulatory Setting Project Description Intended Uses of this Addendum Section 4.0 Environmental Analysis Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural/Scientific Resources Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation i Table of Contents

27 4.16 Transportation and Traffic Tribal Cultural Resources Utilities and Service Systems Mandatory Findings of Significance Section 5.0 Conclusions Section 6.0 Report Preparers and Contributors Santa Margarita Water District BonTerra Psomas Section 7.0 References EXHIBITS Exhibit Follows Page 1 Regional and Local Vicinity Map Aerial Photograph Project Elements... Error! Bookmark not defined. 4 Pond Design Detail... Error! Bookmark not defined. 5a Pond Cross Sections... Error! Bookmark not defined. 5b Pond Cross Sections... Error! Bookmark not defined. 6 Roadway Profile and Cross Sections Water Line Relocation Plan Overhead Electrical Utility Plan Appendix APPENDICES A B Lapeyre Industrial Sands Pond Mitigation Monitoring and Reporting Program Storm Water Pollution Prevention Plan ii Table of Contents