Addendum to the Final Recirculated Environmental Impact Report for the Taft Recycling and Sanitary Landfill Permit Revision Project

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1 Addendum to the Final Recirculated Environmental Impact Report for the Taft Recycling and Sanitary Landfill Permit Revision Project TAFT RECYCLING AND SANITARY LANDFILL BUFFER ADDITION PROJECT Kern County Waste Management Department General Plan Amendment No. 3, Map 138 Zone Change Case No. 5, Map 138 Modification to Conditional Use Permit No. 1, Map 138 DOUGLAS E. LANDON, DIRECTOR Waste Management Department 2700 M Street, Suite 500 Bakersfield, CA June 2013 Printed on Recycled Paper

2 SECTIONS TABLE OF CONTENTS PAGE 1.0 INTRODUCTION AND OVERVIEW Introduction Project Overview Addendum Organization Addendum Scope of Environmental Review Basis for an EIR Addendum Evaluation of Alternatives Adoption and Availability of Addendum MODIFIED PROJECT DESCRIPTION Introduction and Background Background and Existing Conditions Project Components Project Objectives ENVIRONMENTAL ANALYSIS Aesthetics Air Quality Biological Resources Cultural Geology and Soils Global Climate Change Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Transportation and Traffic LIST OF PREPARERS REFERENCES FIGURES PAGE 2-1 Regional Vicinity Map Kern County General Plan Map Code Classifications in the Project Area Project Location Map Existing Zoning - Kern County Zoning Classifications Military Review Requirements APN Map Blue Line Streams Map Groundwater Elevation Map FEMA Firm Map Proposed Site Plan Fault Lines within 62 miles APPENDIX A Biological Resource Assessment Addendum to the Final Recirculate EIR SCH No Page i

3 Section 1.0 Introduction and Overview Section 1.0 Introduction and Overview 1.1 Introduction Kern County is the lead agency for this Addendum to the Environmental Impact Report (EIR) for the Taft Recycling and Sanitary Landfill (RSLF) Permit Revision Project prepared by Kern County Waste Management Department (KCWMD), dated June This Addendum has been prepared to determine if the proposed Taft RSLF Buffer Addition Project (Buffer Project) would result in new or substantially more adverse significant environmental impacts than those disclosed in the Taft RSLF Permit Revision Project Final Recirculated EIR certified by the Kern County Board of Supervisors on June 28, Lead Agency Contact Information: Kern County Planning and Community Development Department John George, Supervising Planner 2700 M Street, Suite 100 Bakersfield, California Phone: (661) Kern County Waste Management Department Katrina Slayton, Waste Management Supervisor 2700 M Street, Suite 500 Bakersfield, CA Phone: (661) Project Overview The certified Taft RSLF Permit Revision Project EIR analyzed the expansion of the Taft RSLF. The Taft RSLF is located on acres in unincorporated western Kern County (Figure 2-1). The approvals for the Permit Revision Project consist of a General Plan Amendment and revisions to the Conditional Use Permit, Solid Waste Facility Permit (SWFP), and Waste Discharge Requirements (WDRs) to allow for expanded landfill operations. The approved expansion of the facility included an increase in the permitted design capacity for the facility by allowing the installation of a landfill liner within a portion of the permitted unlined disposal area, as well as an increase in the permitted elevation. The Permit Revision Project also included an additional acres of buffer lands into the permitted facility boundary, for a total of acres. The Taft RSLF Permit Revision Project Draft EIR was originally circulated for public comment from February 2 to March 19, The KCWMD received and considered written comments during the public comment period. The Final EIR was certified by the Kern County Board of Supervisors on June 29, 2010 and used in their consideration and approval of land use applications necessary for the implementation of the proposed Taft RSLF Permit Revision Project. These land use applications included: General Plan Amendment No. 2, Map 138; and Modification of Conditional Use Permit Case No. 1, Map 138. Addendum to the Final Recirculated EIR SCH No Page 1.0-1

4 Section 1.0 Introduction and Overview The County s certification of the Final EIR and Project approval was subsequently challenged in an action in Kern County Superior Court (the Court), entitled California Clean Energy Committee v. County of Kern (2010). The petitioner and the County entered into a Stipulation for Entry of Judgment. The Court reviewed the Stipulation for Entry of Judgment and ordered that the project approvals be invalidated and set aside as a result of an inadequate energy analysis in the EIR. In addition, the certification of the EIR, the adoption of the Title 14 CCR Findings and Statement of Overriding Considerations, and the adoption of the Mitigation Measure Monitoring Program for the Project, which were approved by the Kern County Board of Supervisors on June 29, 2010, were also invalidated and set aside solely as a result of the inadequate energy analysis contained in the EIR (Superior Court of the State of California in and for the County of Kern, 2010). The 2011 Recirculated Draft EIR, in accordance with the Court s direction, provided new information on energy resources per Appendix F Energy Conservation, of the California Environmental Quality Act (CEQA) Guidelines. The KCWMD also revised the analysis of Project alternatives based on the new information of energy impacts. The Recirculated Draft EIR was circulated for a 45-day public review period which began March 28, 2011 and ended May 11, On June 28, 2011, the Kern County Board of Supervisors approved the Project as proposed in the Final Recirculated EIR, and certified the Taft RSLF Final Recirculated EIR. The Buffer Project would revise the approved Taft RSLF Permit Revision Project Final Recirculated EIR to include one additional parcel, APN , representing acres (referred to as property ) (Figure 2-6). The Buffer Project would affect an area previously used as an aggregate mine (gravel pit) located directly adjacent to the current permitted facility boundary of the Taft RSLF, west of Elk Hills Road, approximately one mile north of Highway 119 in Kern County, CA, and approximately three miles north of the City of Taft. The Buffer Project will require permits or approvals from various agencies for the inclusion of the additional parcel within the approved Taft RSLF Permit Revision Project, including: Amend the Kern County General Plan (GPA #3, Map #138) to: o Change the designation from Map Code 8.4 (Mineral and Petroleum min. 5-acre parcel size) to Map Code (Solid Waste Disposal Facility Buffer) for acres of landfill buffer property (Figure 2-2); and o Amend Appendix E Map, Taft Recycling and Sanitary Landfill, to show the revised Taft RSLF permitted facility boundary with the added buffer property (Figure 2-3). Change the Kern County Zoning District (ZCC #5, Map #138) from NR(10) (Natural Resources 10 acres) to A (Exclusive Agriculture) for acres of the landfill buffer property (Figure 2-4). Modify the Conditional Use Permit (CUP #1, Map #138, Resolution ) to increase the permitted facility boundary from acres to acres to include the acre buffer property an increase of acres. Addendum to the Final Recirculated EIR SCH No Page 1.0-2

5 Section 1.0 Introduction and Overview Revise the existing Solid Waste Facility Permit (No. 15-AA-0061) to increase the permitted facility boundary from acres to acres to include the additional landfill buffer property an increase of acres (Figure 2-10). 1.3 Addendum Organization This document is organized as follows pursuant to the requirements of the CEQA Guidelines: Section 1.0, Introduction and Overview, describes that background of the proposed Buffer Project; explains the rationale for preparing an Addendum to the EIR as the appropriate form of environmental review pursuant to CEQA; and explains the purpose, scope, and content of the Addendum. Section 2.0, Modified Project Description, describes the location, details, and objectives for the Buffer Project. Section 3.0, Environmental Analysis, evaluates whether the proposed modifications to the approved Project would result in new or substantially more severe significant environmental impacts than those disclosed in the certified Final Recirculated EIR. Section 4.0, List of Preparers, lists the individuals involved in preparing this Addendum. Section 5.0, References, lists the documents and individuals consulted during preparation of this Addendum. 1.4 Addendum Scope of Environmental Review This Addendum evaluates whether the proposed modifications to the approved project would result in new or substantially more severe significant environmental impacts compared to the impacts disclosed in the certified Final Recirculated EIR. The Final Recirculated EIR assessed the environmental impacts of modifying the Conditional Use Permit and revising the SWFP and WDRs for the Taft RSLF to increase the disposal capacity and lifespan by the installation of a landfill liner over the current permitted unlined disposal area; then vertically expanding beyond the current permitted elevation. Additionally, the Project amended the Kern County General Plan and corresponding Appendix E map to have a compatible and consistent general plan designation and zone district for the site. For a complete description of the proposed landfill expansion, please refer to the certified Final Recirculated EIR. The potential impacts from the landfill expansion and land use changes were assessed in the Final Recirculated EIR. The Buffer Project does not propose an increase in disposal capacity, waste disposal area, lifespan, maximum height of waste, depth of waste, daily tonnage, or daily traffic. As discussed in the certified Final Recirculated EIR, the Project was determined to have no impact to the following environmental resource areas, which are therefore not analyzed in this Addendum: Addendum to the Final Recirculated EIR SCH No Page 1.0-3

6 Section 1.0 Introduction and Overview Agriculture Resources Noise Public Services Population and Housing Recreation and Parks Utilities and Service Systems Based on the analysis presented in the certified Final Recirculated EIR, the following environmental resources were determined to be less-than-significant, or could be reduced to a less-than-significant level with mitigation measures: Aesthetics Biological Resources Cultural Resources Geology and Soils Global Climate Change Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Transportation and Traffic The certified Final Recirculated EIR determined that the Permit Revision Project would result in significant and unavoidable impacts relating to air quality at both the Project and cumulative level. This Addendum incorporates the certified Final Recirculated EIR by reference and evaluates whether new or substantially more adverse significant environmental impacts from those disclosed in the EIR, certified by the Kern County Board of Supervisors in June 2011, would result from the Buffer Project. This Addendum addresses each of the environmental resource areas previously analyzed in the Final Recirculated EIR, including the following: Section 3.1 Aesthetics and Visual Resources Section 3.2 Air Quality Section 3.3 Biological Resources Section 3.4 Cultural Resources Section 3.5 Geology and Soils Section 3.6 Greenhouse Gas Emissions Section 3.7 Hazards and Hazardous Materials Addendum to the Final Recirculated EIR SCH No Page 1.0-4

7 Section 1.0 Introduction and Overview Section 3.8 Hydrology and Water Quality Section 3.9 Land Use Section 3.10 Mineral Resources Section 3.11 Traffic and Transportation 1.5 Basis for an EIR Addendum An agency may prepare an addendum to a prior EIR pursuant to CEQA Guidelines which states, in pertinent part, that The lead agency [ ] shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in calling for the preparation of a subsequent EIR have occurred. Section states that a subsequent EIR would be required if any of the following conditions exist: (1) changes to the project that require major revisions to the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the project is undertaken that require major revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance, which was not known or could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified, shows that the project will have one or more significant effects not discussed in the previous EIR, significant effects previously examined will be substantially more severe than shown in the previous EIR, or mitigation measures or alternatives that were previously found not to be feasible or that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative. Based on the evaluation provided in this Addendum, no new significant impacts would occur as a result of the proposed Buffer Project, nor would there be any substantial increase in the severity of any previously-identified adverse environmental impacts. In addition, no new information of substantial importance shows that mitigation measures or alternatives that were previously found not to be feasible or that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment alterative. Therefore, none of the conditions described in of the CEQA Guidelines has occurred. For this reason, an addendum is the appropriate document to comply with CEQA requirements. 1.6 Evaluation of Alternatives CEQA requires a comparative evaluation of a proposed project and alternatives to the project, including the No Project alternative. The Final Recirculated EIR addressed a reasonable range of alternatives for the project. There is no new information indicating that an alternative that was previously rejected as infeasible is in fact feasible, or that a considerably different alternative than those previously studied would substantially reduce one or more significant effects on the environment. Addendum to the Final Recirculated EIR SCH No Page 1.0-5

8 Section 1.0 Introduction and Overview 1.7 Adoption and Availability of Addendum This Addendum will be considered by the Kern County Planning Commission and Board of Supervisors at noticed public hearings. The public may provide feedback on this Addendum and the Project at these hearings. In accordance with CEQA Guidelines 15164(c), an addendum need not be circulated for public review but can be included in or attached to the final EIR. Although not required, this Addendum is available for general public review at the KCWMD, 2700 M Street, Suite 500, Bakersfield, CA during normal business hours. [This Space Intentionally Left Blank] Addendum to the Final Recirculated EIR SCH No Page 1.0-6

9 Section 2.0 Modified Project Description Section 2.0 Modified Project Description 2.1 Introduction and Background This chapter of the Addendum describes the modifications to the Taft Recycling and Sanitary Landfill (RSLF) Permit Revision Project that have been proposed by the Kern County Waste Management Department (KCWMD). The proposed Taft RSLF Buffer Addition Project (Buffer Project) would add one additional parcel, APN , representing acres of recently acquired buffer land (Figure 2-6). The Buffer Project proposes to include the acre parcel (referred to as property ) to the current acre Taft RSLF permitted facility boundary, for a total permitted facility boundary of acres (Figure 2-10). The facility s disposal capacity, waste disposal area, lifespan, maximum height of waste, depth of waste, daily tonnage, daily traffic, and days and hours of operation would remain unchanged from what is currently permitted Project Location The property is a acre parcel previously used as an aggregate mine (gravel pit) located directly adjacent to the permitted facility boundary of the Taft RSLF, west of Elk Hills Road, approximately one mile north of Highway 119 and three miles north of the City of Taft, in the western portion of the unincorporated area of Kern County, California (Figure 2-1). The property is surrounded on the north, west, and south by a larger parcel which is a part of the approved Taft RSLF Permit Revision Project, and to the east by lands owned and managed by the United States Department of the Interior, Bureau of Land Management (BLM). Access to the property is via means of a Right of Way issued by the BLM, from Elk Hills Road to the southeastern property boundary. This allows for ingress and egress rights from the Taft RSLF and the property across the U.S. government property to Elk Hills Road Current Land Use Designation General Plan As with the approved Taft RSLF Permit Revision Project, the property is located within the Kern County General Plan. The property is currently designated as Map Code 8.4 (Mineral and Petroleum min. 5 acre parcel size) (Figure 2-2). The Public Facilities and Services Implementation Measure W listed in the Land Use element of the Kern County General Plan states that existing solid waste disposal facilities shall strive to have a 660-foot buffer around the permitted disposal area. Therefore, the Buffer Project proposes to amend the Kern County General Plan (GPA 3, Map 138) from Map Code 8.4 to Map Code (Solid Waste Disposal Facility Buffer) for the acre buffer property. The Buffer Project also proposes to amend the Appendix E Map Taft Recycling and Sanitary Landfill to show the revised Taft RSLF permitted facility boundary with the added buffer property area (Figure 2-3). Addendum to the Final Recirculated EIR SCH No Page 2-1

10 Section 2.0 Modified Project Description Farmland The property is not within an area designated by the California Department of Conservation as Prime Farmland, Farmland of Statewide Importance, or Unique Farmland, nor does the Buffer Project include any Williamson Act-contracted lands (California Department of Conservation, 2010) Zoning Kern County Zoning Districts The property is within the Kern County zone district NR(10) (Natural Resource 10 acres) (Figure 2-4). As defined in the Kern County Zoning Ordinance, the purpose of this zone district is to designate lands that contain productive or potentially productive petroleum, mineral, or timber resources and to prevent the encroachment of incompatible uses. Zoning districts surrounding the property are A (Exclusive Agriculture) to the north, south, and west. The zoning district east of the property is A-1 (Limited Agriculture). The property has a proposed zoning of A (Exclusive Agriculture), the same as that of the Taft RSLF Permit Revision Project; however, the property has never been farmed. The zoning district A, as defined in the Kern County Zoning Ordinance, allocates areas suitable for agricultural uses and to prevent the encroachment of incompatible uses. As described in section H. of the Kern County Zoning Ordinance, solid waste disposal facilities, and their buffer, are permitted within the A zone with a Conditional Use Permit (CUP). Military Restrictions The Kern County Zoning Ordinance includes structure height limitations designated by the military for sites occurring within the vicinity of a military flight zone. In order to ensure that projects do not conflict with military flight test pathways, the Zoning Ordinance restricts the height of structures within these pathways. The Zoning Ordinance includes a figure of the military review requirements for structure height in the area designated by color: areas designated yellow require military review for structures exceeding a height of 500 feet, areas designated green do not have a military review requirement, areas designated cross-hatched green do not require military review but require a building summary permit from Kern County, areas designated red require military review for all structures over 200 feet, and areas designated crosshatched red require military review of wind turbines and communication towers exceeding 80 feet and all other structures exceeding 100 feet. As with the approved Taft RSLF Permit Revision Project, the Buffer Project is located in an area of protected military airspace designated as red on the Military Review Requirements Figure of the Kern County Zoning Ordinance (Figure 2-5). This designation requires review of all structures over 200 feet in height. The Buffer Project, like the approved project, would not exceed a maximum total height of 200 feet above ground level. Addendum to the Final Recirculated EIR SCH No Page 2-2

11 Section 2.0 Modified Project Description 2.2 Background and Existing Conditions The property is a acre parcel, Assessor s Parcel Number (APN) (Figure 2-6), which has been purchased by the County of Kern to be utilized as buffer for the existing Taft RSLF facility. The property is located directly adjacent to the permitted facility boundary of the approved Taft RSLF Permit Revision Project. The Buffer Project contained a surface mining operation that was approved in 1982 under the provisions of the Surface Mining and Reclamation Act (SMARA) of 1975 and was actively operated until 2013 when the property was acquired by the County. The property appears on the United States Geological Survey (USGS) 7.5 minute series Taft Quadrangle topographic quadrangle (USGS, 1973). As with the approved Taft RSLF Permit Revision Project, the property has a historic ephemeral blue-line stream in the southeast portion of the parcel (Figure 2-7). However, due to the previous surface mining operations, no defined channel is visible on site. The entire property has been disturbed and is completely denuded of vegetation as a result of the previous mining operation. According to the 2011 Kern County Groundwater Elevation Map (Figure 2-8) the water table is approximately feet below ground surface. The original elevation of the property ranged from 660 to 620 feet above mean sea level in the northwest corner and southeast corner, respectively. The property is not located in an Alquist-Priolo Earthquake Fault Zone (California Department of Conservation, 1976). However, the main trace of the San Andreas Fault System is located about 11.7 miles west of the property (Figure 2-11). Water is provided to the property by the West Kern Water District. There are no other utilities available at the property (i.e. sewer, gas, electricity). Currently, no street improvements including curb, gutter, sidewalk and/or paving exist. According to Federal Emergency Management Agency s FIRM Map No C2650E, Panel 2650 of 4125, effective September 26, 2008, the property is located in a Zone D, area in which flood hazards are undetermined, but possible (Figure 2-9). The overall trend in the surrounding area of the Buffer Project is classed as static as it is mostly undeveloped and utilized mainly for landfill and oil extraction purposes. The parcel directly east to the property is federal land administered by the BLM (Figure 2-6). The BLM has noted that this parcel is not available for purchase, but instead can be leased for oil and gas production or for narrow access easements (Simpson, 2009). The Kern County General Plan buffer requirement for existing solid waste disposal facilities is 660 feet. Therefore, the BLM s policy of no sale precludes the possibility of the County to acquire additional buffer east of the property, which would be required to convert the mined pit into a landfill or inert fill and expand the Taft RSLF permitted disposal area designation into the property. While it is not administratively possible to use the mine property for landfilling purposes, as buffer, a number of uses ancillary to landfill operations are permitted. Similar to the approved Taft RSLF Permit Revision Project and the existing Conditional Use Permit for the facility, the following list outlines potential land uses on the property: Addendum to the Final Recirculated EIR SCH No Page 2-3

12 Section 2.0 Modified Project Description Stockpiling of soil; Drainage improvements and erosion controls; Groundwater monitoring installations; Landfill gas monitoring and extraction installations; Areas required for landfill closure construction; Leachate storage and extraction facilities; Waste recycling/diversion area; Closure equipment staging facilities; Buffer to prevent incompatible adjacent land uses; and Other Compatible Land Uses which may be subject to further CEQA analysis and may require additional land use permit approvals as provided for by the Kern County Zoning Ordinance and General Plan. The KCWMD will initially utilize the property by backfilling the mine with material excavated during the development of the future lined cells of the permitted Taft RSLF. [This Space Intentionally Left Blank] Addendum to the Final Recirculated EIR SCH No Page 2-4

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29 Section 2.0 Modified Project Description 2.3 Project Components The property was acquired as-is by the County of Kern with the intent to be used as a buffer for the adjacent Taft RSLF. The Solid Waste Facility Permit for the Taft RSLF was recently revised to allow a vertical expansion, which will extend the operational lifespan until approximately the year The Buffer Project will optimize buffer land protection of the Taft RSLF and will allow for the stockpiling of soil or other approved ancillary uses. Several landfill ancillary uses result from State and Federal regulations requiring KCWMD to conduct environmental monitoring and protection activities such as drainage improvements and erosion controls, groundwater monitoring well installations, landfill gas monitoring and extraction well installations, and soil borrow area and/or storm water diversion facilities. As currently designed, the soils excavated during preparation of the future lined cells of the landfill are to be stockpiled on the southern buffer property of the Taft RSLF; this is illustrated as Potential Stockpile Location No. 2 on Figure The Buffer Project would allow the KCWMD to optimize the stockpiling of soil for the Taft RSLF operations by backfilling an existing aggregate mine. This would reduce potential biological impacts in the Taft RSLF s southern buffer by eliminating the need to stockpile soil on previously undisturbed land. The addition of the buffer will allow for the flexibility of the design of the Taft RSLF, but will not increase the existing permitted disposal area, capacity, or lifespan of the landfill. Figure 2-10 above, provides a conceptual site plan showing the approximate location of the proposed placement of the soil stockpile. The final soil stockpile design would be dependent on final landfill excavation plans; as well as soil balance and usage calculations, which would occur in conjunction with the construction of future lined cells of the landfill. The Buffer Project would not require the construction of new infrastructure facilities not already a part of the Taft RSLF. The Buffer Project will require permits or approvals from various agencies for the inclusion of the additional parcel within the approved Taft RSLF Permit Revision Project, including: Amend the Kern County General Plan (GPA #3, Map #138) to: o Change the designation from Map Code 8.4 (Mineral and Petroleum min. 5-acre parcel size) to Map Code (Solid Waste Disposal Facility Buffer) for acres of landfill buffer property (Figure 2-2); and o Amend Appendix E Map, Taft Recycling and Sanitary Landfill, to show the revised Taft RSLF permitted facility boundary with the added buffer property (Figure 2-3). Change the Kern County Zoning District (ZCC #5, Map #138) from NR(10) (Natural Resources 10 acres) to A (Exclusive Agriculture) for acres of the landfill buffer property (Figure 2-4). Modify the Conditional Use Permit (CUP #1, Map #138, Resolution ) to increase the permitted facility boundary from acres to acres to include the acre buffer property an increase of acres. Addendum to the EIR Page 2-21

30 Section 2.0 Modified Project Description Revise the existing Solid Waste Facility Permit (No. 15-AA-0061) to increase the permitted facility boundary from acres to acres to include the added landfill buffer property an increase of acres (Figure 2-10). Surface Mining and Reclamation Conditional Use Permit 1A, Map 138 was approved September 23, 1982 for a surface mining and reclamation plan on the acres of the Buffer Project. The surface mining operation was operated by Bob Morton, until 2006 when responsibility transferred to Gilliam and Sons, Incorporated, and then transferred to the County of Kern upon its acquisition in Approval and implementation of the modification to CUP #1, Map #138 (Resolution ) to include the acre parcel will supersede CUP #1A, Map #138 (Resolution ). The Surface Mining and Reclamation Act (SMARA) of 1975 requires that all surface mines be reclaimed to an approved end use. On March 27, 2013, the Kern County Planning and Community Development Department, in consultation with the Department of Conservation/Office of Mine Reclamation (OMR), approved a modification to the reclamation plan authorizing landfill buffer as an end use of the mined lands. As landfill buffer, the area will optimize buffer land protection for the landfill and allow for stockpiling of soil or other approved ancillary uses. In order for this to occur, the acre parcel will have to be included within the Taft RSLF permitted facility boundary. As part of the permitted facility boundary for the landfill, the end use of the property would be considered an on-site construction project and therefore, not subject to the reclamation requirements of SMARA. Reclamation of the property would, however, fall under the purview of the Taft RSLF Preliminary Closure/Post-closure Maintenance Plan (PC/PCMP), as revised to include the newly acquired area. It should be noted that a PC/PCMP is in compliance with the Closure and Post-closure Care requirements of the United States Environmental Protection Agency (USEPA). Title 40, Subtitle D, of the Code of Federal Regulations (CFR), enforced by the USEPA, allows states to adopt their own standards for solid waste management. The State of California, as allowed by Title 40 CFR and approved by the USEPA, has adopted Title 27 and Title 14 of the California Code of Regulations (CCR). These regulations implement Subtitle D and in many cases require more strict standards for landfill construction, operation, and closure. Title 27 and 14 CCR are enforced by the California Department of Resources Recycling and Recovery (CalRecycle) and the Regional Water Quality Control Board (RWQCB). The current Taft RSLF PC/PCMP, part of the greater Joint Technical Document (JTD), was most recently approved by CalRecycle through the issuance of the Solid Waste Facility Permit on September 26, 2011, and by the RWQCB through the approval of the new Waste Discharge Requirements on July 8, The current PC/PCMP would have to be amended to include the mine property within the permitted facility boundary. It should also be noted that the post-closure use of the landfill and adjoining buffer lands will generally be non-irrigated open space. In accordance with Title 27 CCR 21090(a)(3)(A)1, a recommended planting mixture of drought-tolerant vegetation species will be established to promote long-term erosion control and protect the final cover. The KCWMD will landscape those portions of the property disturbed by closure Addendum to the EIR Page 2-22

31 Section 2.0 Modified Project Description construction with drought-tolerant vegetation and keep it designated for resource uses, such as open space, throughout the post-closure maintenance period, rendering it compatible with existing uses in the area. Furthermore, the PC/PCMP will provide environmentally sound protection of a landfill that has ceased operation and minimize land use conflicts and environmental impacts. As required by SMARA , the KCWMD has provided the requisite financial assurance to conduct and complete reclamation of the mined property in accordance with an approved reclamation plan. However, upon approval and implementation of the modification to CUP #1, Map #138 (Resolution ), which will subsequently supersede CUP #1A, Map #138 (Resolution ), financial assurance under the purview of SMARA is no longer required. Access and Maintenance The property will be accessed using the Right of Way issued by the BLM, from Elk Hills Road to the southeastern property of the Taft RSLF. While the existing interior roads and road routes will be used to the greatest extent possible, limited new unpaved roads may be constructed to serve as access roads from the Taft RSLF s existing road network to the property. Security As with the approved Taft RSLF Permit Revision Project, the portion of the property where landfill activities are in progress will be surrounded by a fence equipped with a locking gate. When open to the public, the site entrance is supervised by KCWMD staff and/or by the operations contractor who controls access in and out of the site. Access to the landfill is controlled by the site contractor when the gate attendant is not available. A surveillance system records all vehicles entering and exiting the facility via a closed circuit camera. 2.4 Project Objectives The Buffer Project will optimize buffer land protection for the Taft RSLF, in accordance with the policies of the Kern County General Plan. The Buffer Project will allow for an alternate area for the Taft RSLF soil stockpile, thereby reducing potential impacts to biological resources in the southern buffer. Many of the objectives developed for the approved Taft RSLF Permit Revision Project also apply to the goals of the Buffer Project. Those specific objectives are as follows: Comply with the goals and policies of the Kern County General Plan; Increase buffer areas around the Taft RSLF as encouraged by the policies and implementation measures of the Kern County General Plan; Allow the inclusion of uses ancillary to landfill operations; and Utilize existing disposal facilities to minimize land use conflicts and impacts to the environment. Addendum to the EIR Page 2-23

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33 Section 3.0 Environmental Analysis Section 3.0 Environmental Analysis This Addendum evaluates the potential for the proposed Taft Recycling and Sanitary Landfill (RSLF) Buffer Addition Project (Buffer Project) to result in new or substantially more severe significant impacts compared to the impacts disclosed in the certified Final Recirculated Environmental Impact Report (EIR). The environmental analysis provided in this section describes the information that was considered in evaluation of the questions contained in the Kern County California Environmental Quality Act (CEQA) Checklist. The information used in this evaluation includes the certified Final Recirculated Taft RSLF Permit Revision Project EIR, the proposed modified Project Description, new studies, and literature reviews. The proposed Buffer Project would incorporate and implement all mitigation measures identified in the certified Final Recirculated Taft RSLF Permit Revision Project EIR. Specific mitigation measures relevant to a particular impact of the proposed Buffer Project are citied in the same manner as in the certified EIR and the associated Mitigation Measure Monitoring Program adopted in conjunction with the Final Recirculated Taft RSLF Permit Revision Project approvals. [This Space Intentionally Left Blank] Addendum to the Final Recirculated EIR SCH No Page 3.0-1

34 Section 3.0 Environmental Analysis [This Page Intentionally Left Blank] Addendum to the Final Recirculated EIR SCH No Page 3.0-2

35 Section 3.1 Aesthetics Section 3.1 Aesthetics Setting The visual setting of the Buffer Addition Project (Buffer Project) property and its surrounding area is very similar to that of the adjacent approved Taft Recycling and Sanitary Landfill (RSLF) site. The property is directly adjacent to the existing Taft RSLF and was previously used as an aggregate mine (gravel pit). The nearest sensitive receptor to the property is a group of residences located slightly over one mile to the northeast of the property boundary (Figure 2-2). Lands in the vicinity of the property are the same as those described in the certified Final Recirculated Environmental Impact Report (EIR) Impact Analysis Buffer Project Impacts This analysis is undertaken to determine if the proposed refinement, the addition of the acre parcel as buffer to the Taft RSLF, would result in new or substantially more adverse significant impacts, in relation to aesthetics, than those disclosed in the Final Recirculated Taft RSLF Permit Revision Project EIR, which was certified by the Kern County Board of Supervisors on June 28, As with the certified Final Recirculated EIR, aesthetic impacts for the Buffer Project were evaluated with regard to the Kern County General Plan and the proximity of the property to existing and planned aesthetic resources. Subsequent review of the available records determined that no new information of substantial importance was identified that was not known at the time of certification of the Final Recirculated EIR for the Taft RSLF Permit Revision Project. The potential for the Buffer Project to result in new or substantially more adverse significant impacts related to aesthetics was evaluated in relation to the following question as stated in the Kern County California Environmental Quality Act (CEQA) Checklist: Would the Buffer Project: a) Substantially degrade the existing visual character or quality of the site and its surroundings? The analysis contained in the certified Taft RSLF Final Recirculated EIR determined the impact of the Taft RSLF Permit Revision Project to the existing visual character or quality of the site and its surroundings to be less than significant. The Buffer Project would not be expected to create new or substantially more adverse significant impacts that would substantially degrade the existing visual character or quality of the site and its surroundings. The Buffer Project does not propose to expand the permitted disposal area beyond that analyzed in the Taft RSLF Final Recirculated EIR; however the additional acres of lands designated as buffer may be used for soil stockpiling or other ancillary uses. The Taft RSLF Permit Revision Project Final Recirculated EIR analyzed a soil stockpile that would be located on the southern buffer property, not to exceed 60-feet in height. The soil stockpile could cover up to 30 acres, and would be situated in the western half Addendum to the Final Recirculated EIR SCH No Page 3.1-1

36 Section 3.1 Aesthetics of the south buffer; this is illustrated as Potential Stockpile Location No. 2 on Figure The proposed relocation of a portion of the soil stockpile to the acre eastern buffer parcel (Figure 2-6) will be closer to Elk Hills Road: this is illustrated as Potential Stockpile Location No. 1 on Figure The potential stockpile No. 1 will not exceed the approved height of the landfill (which at final fill will be located west and north of the proposed stockpile) and will therefore form a unified visual element with the terrain. This proposed change in visual character is minimal in comparison to the existing and permitted height of the landfill and would not result in a significant impact. Therefore, the Buffer Project would not be expected to result in new or substantially more adverse impacts to aesthetics related to the existing visual character or quality of the site and its surroundings than those disclosed in the certified Final Recirculated EIR Buffer Project Cumulative Impacts The certified Final Recirculated EIR concluded that the impacts of the approved Taft RSLF Permit Revision Project, when combined with the impacts of past, present, and reasonably foreseeable projects, would not create a substantial adverse impact on aesthetic resources of the project site and its surroundings, and would not, therefore, result in a significant cumulative impact. The proposed modification to the project description would not create new or substantially more adverse cumulative impacts to aesthetic resources than those disclosed in the certified Taft RSLF Final Recirculated EIR and therefore, cumulative impacts would remain at a less-than-significant level. [This Space Intentionally Left Blank] Addendum to the Final Recirculated EIR SCH No Page 3.1-2

37 Section 3.2 Air Quality Section 3.2 Air Quality Setting The environmental setting for air quality of the Buffer Project (Buffer Project) is the same as described in the certified Final Recirculated Environmental Impact Report (EIR). The property, identified as APN (Figure 2-6), is directly adjacent to the existing Taft Recycling and Sanitary Landfill (RSLF) and was previously used as an aggregate mine (gravel pit). The landfill is located approximately three miles north of the City of Taft. There are no schools within one mile of the facility boundary. The nearest sensitive receptor to the Taft RSLF is a group of residences currently located more than one mile northeast of the disposal area (Figure 2-2). The California Air Resources Board (CARB) has divided California into regional air basins according to topographic drainage features. The San Joaquin Valley Air Pollution Control District (SJVAPCD) has jurisdiction in eight counties located in the San Joaquin Valley, including the western portion of Kern County where the Taft RSLF is located. The United States Environmental Protection Agency (USEPA), CARB, and the SJVAPCD classify an area as attainment, unclassified, or non-attainment depending on whether or not the monitored ambient air quality data shows compliance, insufficient data available, or non-compliance with the ambient air quality standards. The San Joaquin Valley Air Basin (SJVAB) has been designated in attainment for carbon monoxide (CO), nitrogen dioxide (NO 2 ), and sulfur dioxide (SO 2 ) and non-attainment for ozone, and particulate matter (PM 10 and PM 2.5 ) by Federal and California standards (SJVAPCD, 2012) Impact Analysis Buffer Project Impacts This analysis is undertaken to determine if the proposed refinement, the addition of the acre parcel as buffer to the Taft RSLF, would result in new or substantially more adverse significant impacts, in relation to air quality, than those disclosed in the Final Recirculated Taft RSLF Permit Revision Project EIR, which was certified by the Kern County Board of Supervisors on June 28, As with the certified Final Recirculated EIR, air quality impacts for the Buffer Project were evaluated with regard to federal, State, and local regulatory framework and the proximity of the property to the Taft RSLF. Subsequent review of the available records and literature determined that no new information of substantial importance was identified that was not known at the time of certification of the Final Recirculated EIR for the Taft RSLF Permit Revision Project. The potential for the Buffer Project to result in new or substantially more adverse significant impacts related to air quality was evaluated in relation to the following questions as stated in the Kern County California Environmental Quality Act (CEQA) Checklist and SJVAPCD thresholds: Addendum to the Final Recirculated EIR SCH No.# Page 3.2-1

38 Section 3.2 Air Quality Would the Buffer Project: a) Have construction-related activities that would result in an increase of CO, oxides of nitrogen (NO X ), PM 10, PM 2.5, oxides of sulfur dioxide (SO X ), and reactive organic gas (ROG) emissions? The analysis contained in the certified Taft RSLF Final Recirculated EIR determined the impact of the Taft RSLF Permit Revision Project s mitigated construction emissions will exceed Kern County thresholds for NO X during the construction of the Module 2 landfill liner in the year , and for PM 10 during the construction of the Module 4 landfill liner in the year Therefore, emissions from construction are considered significant and unavoidable during those two years. The Buffer Project would not be expected to create new or substantially more adverse significant impacts due to construction-related activities that would result in an increase of CO, NO X, PM 10, PM 2.5, oxides of sulfur dioxide (SO X ), and reactive organic gas (ROG) emissions. The Buffer Project does not propose changes to those construction activities discussed in the Taft RSLF Final Recirculated EIR. The Buffer Project does not propose to expand the permitted disposal area beyond that analyzed in the Taft RSLF Final Recirculated EIR; however the additional acres of lands designated as buffer may be used for soil stockpiling or other ancillary uses and will serve to add additional area between the landfill construction area and adjacent land uses. The Taft RSLF Permit Revision Project Final Recirculated EIR analyzed a soil stockpile that would be located on the southern buffer property. This soil stockpile could cover up to 30 acres, and would be situated in the western half of the south buffer; this is illustrated as Potential Stockpile Location No. 2 on Figure The Buffer Project proposes to relocate a portion of this soil stockpile to the acre eastern buffer parcel prior to the use of the existing southern buffer property; this is illustrated as Potential Stockpile Location No. 1 on Figure The use of the property as a soil stockpile location would not significantly increase construction emissions because the same construction equipment would be used, for the same duration of time, as proposed in the certified Final Recirculated EIR. Also, the distance the equipment will have to travel in order to stockpile the soil would be similar to that of the approved project. The certified Final Recirculated EIR applied Mitigation Measures through during construction activities to further reduce impacts to air quality. Implementation of these mitigation measures would also be applied to the Buffer Project. Therefore, with the incorporation of Mitigation Measures through 4.2-4, the Buffer Project would 1 Module 2 liner construction has been delayed by two to three years from the 2011 date assumed for the air study and for which impacts were analyzed. This delay is due to the recirculation and recertification of the Taft RSLF Permit Revision Project EIR in March In addition, an increase in the height of the existing waste footprint was approved in the Final Recirculated EIR and the necessary permits were subsequently obtained. This allowed KCWMD to continue acceptance of waste to be placed within the existing waste footprint, thereby postponing the immediate need for construction of Module 2 liner. Finally, a decrease of in-coming tonnage has resulted in a lower fill rate than was originally anticipated. Construction is expected to start in early Addendum to the Final Recirculated EIR SCH No.# Page 3.2-2