MITIGATION MONITORING and REPORTING PROGRAM. Malibu Legacy Park Project (SCH # )

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1 MITIGATION MONITORING and REPORTING PROGRAM (SCH # ) Prepared for City of Malibu Stuart Ranch Road Malibu, CA Contact: Stephanie Danner Phone: (310) , extension 276 Prepared by January 2009

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3 TABLE OF CONTENTS Foreword... ii List of Acronyms... iii Introduction... 1 Mitigation Monitoring and Reporting... 3 Appendix A: Sample Compliance Form... A-1 Page i

4 FOREWORD This Mitigation Monitoring and Reporting Program (MMRP) is a California Environmental Quality Act (CEQA)-mandated outcome of the environmental analysis process undertaken for the Legacy Malibu Park Project. The results of the environmental analyses, including proposed mitigation measures, are documented in the Final EIR (September 2008) for the proposed project. Page ii

5 LIST OF ACRONYMS AB BMPs Caltrans CDFG CEQA City DTSC EIR MMRP MND NPDES PVC SWPPP SWRCB USFWS Assembly Bill Best Management Practices California Department of Transportation California Department of Fish & Game California Environmental Quality Act City of Malibu Department of Toxic Substances Control Environmental Impact Report Mitigation & Monitoring Reporting Program Mitigated Negative Declaration National Pollutant Discharge Elimination System Polyvinyl chloride (a thermoplastic polymer) Stormwater Pollution Prevention Plan (California) State Water Resources Control Board United States Fish & Wildlife Service Page iii

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7 INTRODUCTION The California Environmental Quality Act (CEQA) requires that agencies adopting Environmental Impact Reports (EIRs) and Mitigated Negative Declarations (MNDs) take affirmative steps to determine that approved mitigation measures are implemented subsequent to project approval. Effective January 1, 1989, CEQA was amended to add Section , implementing Assembly Bill (AB) As part of CEQA (state-mandated) environmental review procedures, Section requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficacy of any mitigation measures applied to a proposed project. Specifically, the lead or responsible agency must adopt a reporting or monitoring program for mitigation measures incorporated into a project or imposed as conditions of approval. The program must be designed to ensure compliance during project implementation. As stated in Public Resources Code, Section (a) (1): The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. AB 3180 provides general guidelines for implementing monitoring and reporting programs (MMRP). Specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the proposal by the responsible decision maker(s). In response to established CEQA requirements and those of AB 3180 (Public Resources Code Section et seq.), the proposed Mitigation Monitoring and Reporting Program for the Malibu Legacy Park project shall be submitted for adoption by the decision makers prior to completion of the environmental review process. The City of Malibu (City) will use this Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with mitigation measures associated with development proposed under the Legacy Malibu Park Project. Under each identified resource, the adverse impact(s), its corresponding mitigation measure(s), and the implementation and monitoring requirements are discussed. The implementation and monitoring requirements that have been set forth in this MMRP are as follows: Party Responsible for Implementation of Mitigation Implementation Party Responsible for Monitoring Monitoring Page 1

8 Monitoring Outside Agency Coordination Mitigation is required to address significant or potentially significant impact(s) to the following resources: Biological Resources Archeological Resources Paleontological Resources Geological/ Soils/ Seismicity Hazardous Materials Hydrology and Water Quality Although the impact(s) that could occur in the following resource areas are expected to be less than significant, mitigation is nonetheless proposed to ensure any potential impact(s) that do occur are minimized: Public Services Utilities A sample mitigation monitoring compliance form is provided at the end of this document. For detailed information regarding environmental resource impact methodology and analysis, please refer to the Draft EIR and Final EIR. Page 2

9 MITIGATION MONITORING AND REPORTING BIOLOGICAL RESOURCES Wildlife(Construction Period): Construction activities could result in the direct loss of active nests of bird species or the abandonment of active nests by adult birds. BIO-1 To avoid potential impacts on special-status and other migratory birds, 1) all initial ground- disturbance and vegetation-removal activities shall occur during the non-nesting season (i.e., September 1 st through December 31 st ) or 2) if vegetation removal activities occur during the nesting season, a set of pre-construction surveys shall be conducted to locate all active nests of special-status birds and birds protected under the Migratory Bird Treaty Act. Specifically, within 30 days of ground-disturbance activities associated with construction or grading, a qualified biologist shall conduct weekly surveys, with the last survey being conducted no more than 3 days prior to initiation of clearance or construction work, to determine if active nests of bird species protected by the Migratory Bird Treaty Act or the California Fish and Game Code are present in the project area or within 300 feet (500 feet for raptors) of the project area. If active nests are found, clearing and construction activities within 300 feet of the nest (500 feet for raptors) shall be postponed or halted until the nest is vacated and juveniles have fledged, as determined by a qualified biologist (approved by the City Biologist), and there is no evidence of a second attempt at nesting. Qualified Biologist Pre-Construction (1)Check whether grading and removal of vegetation occurs during the non-breeding season. (2)Check if construction activities will occur during breeding season, retain the services of a qualified biologist. (3)Check that 30 days prior to the initiation of clearance/ construction work weekly bird surveys are conducted. (4)Check that if nesting of a protected bird is found, clearance/ construction disturbance activities are delayed within 300 feet (or 500 feet for raptor) until nest(s) are vacated. (5)Check that bird nesting areas are properly buffered and flagged and that construction avoids the flagged areas. (6)Check that a qualified biologist instructs construction personnel on sensitivity of area. (7) Check to ensure compliance with native birds protection regulations. Possible coordination with CDFG/ USFWS Page 3

10 Wildlife (Construction): Construction activity could result in the loss of western burrowing owl individuals if nesting or non-nesting burrowing owls or active owl nests occur in the project area. Wildlife (Construction): Grading or construction activities could result in the loss of marginal habitats of the American badger and San Diego black-tailed jackrabbit in the project area BIO-2 A qualified biologist shall conduct pre-construction burrowing owl surveys (following California Department of Fish and Game protocols) in the nonnative grassland located on the Legacy Park site prior to any construction or site preparation activities occurring during both the non-nesting season as well as the nesting season. The survey shall be conducted no more than 30 days prior to commencement of construction activities and may be conducted concurrently with general nesting bird surveys that may occur as a requirement of BIO-1. If burrowing owls are observed using burrows during these surveys, clearing and construction activities within 500 feet of the burrow shall be postponed or halted until the nest is vacated and juveniles have fledged. Once the young have fledged, or if grading will occur during the nonnesting season, owls shall be excluded from all active burrows through the use of exclusion devices placed in occupied burrows in accordance with California Department of Fish and Game protocols (CDFG 1995). Consultation with California Department of Fish and Game may also need to occur to determine if mitigation is needed to offset the loss of active burrowing owl nest habitat. BIO-3 A qualified biologist shall survey the project site for the presence of the American badger and San Diego black-tailed jackrabbit no earlier than 3 days prior to any grading activity. Specifically, the survey shall include an examination of the nonnative grassland on the site that will be affected during project implementation. If American badger is located on-site, potential loss of individual animals shall be mitigated through one of the following: 1) an on-site passive relocation program, through which badgers are excluded from occupied burrows by installation of a one-way door in burrow entrances, monitoring of the burrow for 1 week to confirm Qualified Biologist Pre-Construction Qualified Biologist Pre-Construction Activities (1)Check if burrowing owl surveys 30 days prior to the initiation of clearance/ construction work has been conducted. (2)Check that if burrowing owls are observed using burrows during these surveys, clearing and construction activities within 500 feet of the burrow shall be postponed or halted until the nest is vacated and juveniles have fledged. (3)Check that during the nonnesting season, owls shall be excluded from all active burrows through the use of exclusion devices placed in occupied burrows. Activities (1)Check that a qualified biologist has surveyed for presence of the American badger and San Diego black-tailed jackrabbit 3 days prior to any grading activity. Possible coordination with CDFG/ USFWS Possible coordination with CDFG/ USFWS Page 4

11 Wildlife (Operational): Increased human activity (e.g., recreational activities such as hiking, the use of roads and other facilities, and grounds maintenance) could degrade preserved or enhanced habitats of sensitive and common wildlife species that breed and forage in on-site habitat. badger usage has been discontinued, and hand excavation and collapse of the burrow to prevent reoccupation or 2) active trapping and relocation of badgers to suitable off-site habitat by a qualified biologist and in coordination with the California Department of Fish and Game, as approved by the City and the California Department of Fish and Game. If San Diego black-tailed jackrabbit is located on-site, the potential loss of individual animals shall be mitigated by active trapping and relocation of hares to suitable off-site habitat by a qualified biologist in coordination with the California Department of Fish and Game, as approved by the City and the California Department of Fish and Game. BIO-4 A public awareness program shall be developed to limit public access on the Legacy Park site to designated trails and open spaces, and to prevent unleashed animals from entering any ecologically sensitive areas. This program shall include, among other things, posting signs to identify ecologically sensitive areas, using temporary fencing around sensitive areas that appear to be receiving a high level of disturbance, and promoting public education and awareness of local biological resources and their sensitivity. The City shall be responsible for the initial development of the public awareness program and installation of interpretive signs and fencing, in addition to maintaining the program. All dogs shall be required to be leashed while in the designated open space areas or on trails. The City shall install, throughout the Legacy Park and Linear Park sites, waste and recycling receptacles that discourage foraging by wildlife species that are adapted to more urban environments, such as raccoons and skunks. Post-Construction (2)Check that appropriate onsite or offsite relocation program as approved by City and the California Department of Fish and Game shall be implemented if American badger are found during the surveys. (3) Check that active trapping and relocation of hares to suitable off-site habitat as approved by City and the California Department of Fish and Game shall be carried out if San Diego black-tailed jackrabbit are found during these surveys. Continuous, particularly during the mating seasons. (1) One to two times a year Page 5

12 ARCHAEOLOGICAL RESOURCES Construction-Period Impacts: Excavations for the proposed project, such as during construction of the stormwater detention pond, and pipelines, have the potential to disturb, alter, or destroy previously unidentified buried cultural resource sites. AR-1 Archaeological monitoring by a qualified archaeologist shall be conducted for the entire project area (Legacy Park site, Linear Park site and all associated pipeline sites) during initial ground disturbing activities. City of Malibu Department of Environmental and Community Qualified Archeologist (1) If cultural resources are discovered, check that construction is halted until appropriate treatment measures are implemented (2) Check that a qualified archeological monitor is under contract before start of construction (3) Check that archaeologist is onsite monitoring construction activities (1) Construction (1) As necessary during construction Construction-Period Impacts: Excavations for the proposed project, such as during construction of the stormwater detention pond, and pipelines, have the potential to disturb, alter, or destroy previously unidentified buried cultural resource sites. AR-2 As mentioned in AR-1, monitoring by a qualified archaeologist shall be conducted for the project area (Legacy Park site, Linear Park site, and all associated pipeline sites) during initial ground-disturbing activities. If buried cultural resources (e.g., flaked or ground stone, historic debris, building foundations, or non-human bone) are inadvertently discovered during ground-disturbing activities, work shall stop in that area and within 100 feet City of Malibu Department of Environmental and Community Qualified Archeologist Page 6

13 Construction-Period Impacts: Buried human remains could be inadvertently unearthed during excavation activities, which could result in damage to the remains. of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. If, during cultural resources monitoring, the archaeologist determines that the sediments being excavated have been previously disturbed or are unlikely to contain significant cultural materials, the archaeologist shall instruct that monitoring be reduced or eliminated. AR-3 If human remains of Native American origin are discovered during ground-disturbing activities, it will be necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the California NAHC (Public Resources Code Section 5097). According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section requires that excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the California NAHC to determine the most likely living descendant(s). Qualified Archeologist (1) If cultural resources are discovered, check that construction is halted until appropriate treatment measures are implemented (2) Check that a qualified archeological monitor is under contract before start of construction (3) Check that archaeologist is onsite monitoring construction activities (1) Construction (1) As necessary during construction Check that steps and procedures specified in state regulations are followed in the event of the discovery of human remains. Potential coordination with County Coroner and Native American Heritage Commission Page 7

14 PALEONTOLOGICAL RESOURCES Construction-Period Impacts: Construction activities for the proposed project, such as during construction of the stormwater detention pond, and pipelines, have the potential to disturb, alter, or destroy previously unidentified buried paleontological resources. The most likely living descendant shall determine the most appropriate means of treating the human remains and any associated grave artifacts and oversee disposition of the human remains and associated artifacts by the project archaeologists. PR-1 A qualified paleontologic monitor shall be required for any areas with excavation activities below a depth of 5 feet. The qualified paleontologic monitor shall retain the option to reduce monitoring if, in his or her professional opinion, the sediments being monitored were previously disturbed. Monitoring may also be reduced if the potentially fossiliferous units, previously described, are not present or, if present, are determined by qualified paleontologic personnel to have a low potential to contain fossil resources. The monitor shall be equipped to salvage fossils and samples of sediments as they are unearthed to avoid construction delays and shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. Specimens shall be curated into a professional, accredited museum repository with permanent retrievable storage. A report of findings, with an appended itemized inventory of specimens, shall be prepared and submitted to the City. The report and inventory, when submitted to the City, will signify completion of the program to mitigate impacts on paleontological resources. Qualified Paleontologist Pre-Construction As necessary during Construction. (1) Check that a paleontologist is retained to monitor excavation activities. (2) Check that paleontologist is onsite during construction to monitor excavation sites identified by the paleontologist as likely to contain resources. (1) Pre-construction (2) Construction (1) Once during preconstruction. (2) As necessary during construction. Potential coordination with a professional accredited museum, if necessary Page 8

15 GEOLOGY/SOILS/SEISMICITY Soil Erosion (Construction Period): Construction activities at the proposed Park and in areas of pipeline construction have the potential to expose soils to wind and water erosion. Slope Stability (Construction Period): Areas of slope instability have been identified in the project area. There is the potential for localized sloughing of near-vertical slopes and overhangs as well as the toppling of soil columns during construction. Compliance with industry-standard stormwater pollutioncontrol best management practices would reduce soil erosion impacts to a less-than-significant level. No mitigation is required. GEO-1 All earthwork and grading shall meet the requirements of State of California building and structural codes and be performed in accordance with the recommendations in the geotechnical investigation conducted for the project and the Erosion Control Plan required as part of the Los Angeles Regional Water Quality Control Board National Pollutant Discharge Elimination System permit. City of Malibu Department of Project Geologist Check that BMPs are implemented during construction. As necessary during construction (1) Check that the geotechnical investigation for the site is conducted and project is in compliance with State codes. (2) Check that the Erosion Control Plan is being carried out in compliance with the Los Angeles Regional Water Quality Control Board National Pollutant Discharge Elimination System permit.. (1) Construction Consultation with RWQCB may be required. Page 9

16 Slope Stability (Construction Period): Areas of slope instability have been identified in the project area. There is the potential for localized sloughing of near-vertical slopes and overhangs as well as the toppling of soil columns during construction. GEO-2 The proposed project shall comply with guidelines in the City s General Plan, Municipal Code and Local Coastal Program Land Use Plan and Local Implementation Plan, such as those related to fill buttressing, the use of retaining walls, drainage control, and the provision of debris basins and setbacks, where appropriate. Project Geologist. (1) As necessary during construction. (1) Check that geologist observes potential adverse localized sloughing and toppling of soil columns. (1) Construction. (1) As necessary during construction. Seismic Hazards (Operational): No habitable structures are proposed as part of the project. Therefore, the proposed project would not result in exposure of people or structures to the risk of loss, injury, or death as a result of surface fault rupture hazards. However, the project area is located within an active seismic area of Southern California and may experience severe seismic shaking in the future due to the Malibu Coast fault and other nearby faults. GEO-5 The proposed project shall conform to all applicable provisions and guidelines set forth by the Uniform Building Code, which sets forth regulations concerning proper earthquake design and engineering. Project Engineer Design (1) Inspect construction for compliance with plans and specifications. (1) Design (2) Construction (1) Once during design. (2) As necessary during construction. Page 10

17 Soil Erosion (Operational): The proposed project, if not properly maintained with adequate vegetation and irrigation, could result in increased erosion. Soil Erosion (Operational): The proposed project, if not properly maintained with adequate vegetation and irrigation, could result in increased erosion. HAZARDOUS MATERIALS Soil and/or Groundwater Contamination (Construction Period): Some sources of soil and/or groundwater contamination have been identified on or immediately adjacent GEO-6 Any slopes exposed during construction shall be revegetated. Slope vegetation shall consist of native plants. GEO-7 The proposed Legacy Park site (including the Linear Park site) shall be properly maintained, with adequate vegetation and irrigation to reduce the amount of exposed soil susceptible to erosion. HM-1 During excavation and grading for the proposed project, the contractor shall observe exposed soil for visual evidence of contamination at the proposed Legacy Park and Linear Park sites as well as other areas in the project area, such as underneath roadways where Post-Construction Post-Construction Environmental Consultant (1) Check to ensure exposed slopes are revegetated. Post-Construction As necessary during postconstruction (1) Check to ensure exposed slopes are revegetated. Post-Construction As necessary during postconstruction Los Angeles County Fire Department, and the California Department of Page 11

18 to the Legacy Park site. Small portions of the proposed Legacy Park site were used historically as a leach field, presumably for agriculture. Soil residue from agricultural chemical products used during routine agricultural operations could be present on the Legacy Park site. pipelines will be located. If visual contamination indicators are observed during excavation or grading activities, all work shall stop and an investigation shall be designed and performed to verify the presence and extent of contamination at the site. A qualified and approved environmental consultant shall perform the review and investigation. Results shall be reviewed and approved by Los Angeles County Fire Department or the California Department of Toxic Substances Control (DTSC) prior to construction. The investigation shall include collecting samples for laboratory analysis and quantifying contaminant levels within the proposed excavation and surface disturbance areas. Subsurface investigation shall determine appropriate worker protection and hazardous material handling and disposal procedures appropriate for the subject site. Excavation and Grading (1) Check that work is halted if visual indication of contamination is observed. (2) Check that approved environmental consultant investigates indication of contamination. (3) Check that results of site investigation are reviewed/ approved by Orange City Fire Authority, Orange City Health Care Agency (OCHCA), or California Department of Toxic Substances Control (DTSC). Toxic Substances Control (DTSC) (1) through (3) Excavation and Grading (1) As necessary during Excavation and Grading. Accidental Spills (Construction Period): Accidental spills of hazardous materials during construction activities could cause soil or groundwater contamination. HM-2 An environmental training program shall be established to communicate environmental concerns and appropriate work practices, including spill prevention, emergency response measures, and proper best management practices, to all field personnel. The training program shall emphasize site-specific physical conditions to improve hazard prevention (e.g., identification of potentially hazardous substances) and include a review of all site-specific plans. A Hazardous Substance Control and Emergency Response Plan shall be prepared by the contractor. This plan shall be submitted to the City along with the grading permit application. The plan shall prescribe hazardous- Environmental and Community Hazardous Materials Consultant Pre-construction (1) Check that an environmental training program and a Hazardous Substance Control and Emergency Response Plan have been developed and are in place prior to and during project construction in the event that unidentified Page 12

19 Accidental Spills (Construction Period): Accidental spills of hazardous materials during construction activities could cause soil or groundwater contamination. Stormwater Detention Pond (Operational): The water stored in the detention pond at Legacy Park could lead to the breeding of disease vectors. materials handling procedures for reducing the potential for a spill during construction and include an emergency response program to ensure quick and safe cleanup of accidental spills. Furthermore, the plan shall identify areas where refueling and vehicle maintenance activities and storage of hazardous materials, if any, will be permitted. These directions and requirements shall also be reiterated in the project s Stormwater Pollution Prevention Plan. HM-3 Oil-absorbent material, tarps, and storage drums shall be used to contain and control any minor releases. Emergency spill supplies and equipment shall be kept adjacent to all work areas and in staging areas and shall be clearly marked. Detailed information for responding to accidental spills and handling any resulting hazardous materials shall be provided in the project s Hazardous Substances Control and Emergency Response Plan. HM-4 Prior to construction, the project proponent shall contact the Los Angeles County West Vector and Vector- Borne Control District and submit construction plans for guidance in implementing a plan to reduce impacts from disease vectors such as mosquitoes. If the project incorporates vernal pools into the design of the project or if treated stormwater has the potential to be stored within Legacy Park s detention basin, a Vector Management Plan will need to be created. Regardless of whether a Hazardous Materials Consultant underground storage tanks, hazardous materials, petroleum hydrocarbons, or hazardous or solid wastes are unexpectedly encountered. (1) Pre-construction (1) Once pre-construction (1) Check that oil-absorbent material, tarps, and storage drums are used to contain and control any minor releases during construction. (1) Construction (1) As necessary during construction. (1) check that the project meets all requirements set forth by the Los Angeles County West Vector and Vector-Borne Control District City Department of Building and Safety, and SCAQMD, if building hazardous materials are detected. City of Los Angeles County West Vector and Vector Borne Control District Page 13

20 Vector Management Plan will need to be created or not, the project shall meet all requirements set forth by the Los Angeles County West Vector and Vector-Borne Control District. (1) Construction (1) As necessary during construction. HYDROLOGY AND WATER QUALITY Stormwater Runoff and Soil Erosion (Construction Period): Construction activities for the proposed project would require grading and excavation as well as soil and vegetation disturbances. Stormwater runoff could cause soil erosion at disturbed sites and transport construction-related contaminants (e.g., fuels, oil, concrete, and paint) to nearby receiving waters, thereby impairing water quality and aquatic organisms and their habitats. HYD-1 Before onset of any construction activities, the City or its agent shall obtain coverage under the National Pollutant Discharge Elimination System General Construction Permit, as issued by the Los Angeles Regional Water Quality Control Board. The City shall be responsible for ensuring that construction activities comply with the conditions in this permit, including development of a stormwater pollution prevention plan (SWPPP), implementation of best management practices identified in the stormwater pollution prevention plan, and monitoring to ensure that effects on water quality are minimized. As part of this process, the City or its agent shall implement multiple erosion and sediment control best management practices in areas with the potential to drain to surface water. Guidelines established in the County s Standard Urban Stormwater Mitigation Plan or equivalent guidelines shall be followed in selecting, implementing, and monitoring best management practices for construction activities. The City shall verify that a notice of intent has been submitted to the State Water Board and a stormwater pollution prevention plan has been completed before allowing construction to begin. The City or its agent shall perform routine inspections of the construction area to verify that the best management practices specified in the stormwater pollution prevention plan are properly implemented and maintained. The following BMPs would be implemented during the construction period: Pre-Construction (1) Check to ensure that mitigation measures are included as general or specific notes on project plan sheets. (2) Check to ensure that construction activities comply with the SWPPP and state General Construction Permit requirements. (3) Inspect construction for compliance with BMPs. (1) Pre-Construction (2) and (3) Construction (1) Once pre-construction (2) and (3) As necessary during construction. Los Angeles Regional Water Quality Control Board. Page 14

21 All storm drains, drainage patterns, and creeks located near the construction site prior to construction shall be identified to ensure that all subcontractors know their location to prevent pollutants from entering them; Washing of concrete trucks, paint, equipment, or similar activities shall occur only in areas where polluted water and materials can be contained for subsequent removal from the site. Wash water shall not be discharged to the storm drains, street, drainage ditches, creeks, or wetlands. Areas designated for washing functions shall be at least 100 feet from any storm drain, water body, or sensitive biological resources. The location(s) of the washout area(s) shall be clearly noted at the construction site with signs; the applicant shall designate a washout area, acceptable to Building and Safety and P&D staff. The washout areas shall be shown on the construction and/or grading and building plans and shall be in place and maintained throughout construction; All leaks, spills, drips shall be immediately cleaned up and disposed of properly; Vehicles and heavy equipment that are leaking fuel, oil, hydraulic fluid or other pollutants shall be immediately contained and either repaired immediately or removed from the site; One or more emergency spill containment kits shall be placed on-site in easily visible locations, and personnel will be trained in proper use and disposal methods; Vehicles and heavy equipment shall be refueled and serviced in one designated site located at least 500 feet from creeks and drainage swales; Page 15

22 Temporary storage of construction equipment shall be limited to a 50- by 50-foot area, preferably located along an existing dirt access road, and shall be located at least 100 feet from any water bodies; Dry cleanup methods shall be used whenever possible; Clean site runoff shall not be contaminated with polluted water through the use of berms or ditches to divert surface runoff around the construction site; Exposed stockpiles of soil and other erosive materials shall be covered during the rainy season; Trash cans shall be placed liberally around the site and properly maintained; All subcontractors and laborers shall be educated about proper site maintenance and stormwater pollution control measures through periodic tailgate meetings; Roadwork or pavement construction, concrete, asphalt, and seal coat shall be applied during dry weather only; and Storm drains and manholes within the construction area shall be covered when paving or applying seal coat, slurry, fog seal, etc. For Operational impacts, the proposed project will have a beneficial impact on water quality and is essentially a BMP in itself. Other agencies, such as Caltrans, call manmade wetlands Wet Basins and have completed extensive water quality investigations on the performance of this type of ponds. Wetlands or Wet Basins are effective at removing sediments, nutrients, particulate metals, pathogens, and biological oxygen demand (BOD). In addition, the mitigation measure HYD-4 has been revised to include potential BMPs that would be implemented during the post-construction Page 16

23 Stormwater Runoff and Soil Erosion (Construction Period): Construction activities for the proposed project would require grading and excavation as well as soil and vegetation disturbances. Stormwater runoff could cause soil erosion at disturbed sites and transport construction-related contaminants (e.g., fuels, oil, concrete, and paint) to nearby receiving waters, thereby impairing water quality and aquatic organisms and their habitats. Groundwater (Construction Period): Trenching and excavation activities necessary for construction would expose the shallow groundwater within period. These include, but are not limited to the following BMPs: Erosion control landscaping, permeable surfaces for pathways shall be installed to minimize discharges of pollutants from the project site. As part of the adaptive management plan, an inspection and maintenance program to identify signs of erosion, vegetation loss, or channelization and to maintain the drainage and pollution control function of the proposed project. HYD-2 The City or its agent shall develop and implement a Spill Prevention Control and Countermeasure Plan to minimize the potential for and effects from spills of hazardous, toxic, or petroleum substances during construction activities. The Spill Prevention Control and Countermeasure Plan shall be completed before any construction activities begin. Implementation of this measure shall comply with state and federal water quality regulations. The City shall review and approve the Spill Prevention Control and Countermeasure Plan before the onset of construction activities. The City or its agent shall routinely inspect the construction area to verify that the measures specified in the Spill Prevention Control and Countermeasure Plan are properly implemented and maintained. If a spill is reportable, the City shall take action to contact the appropriate safety and cleanup crews to ensure that the Spill Prevention Control and Countermeasure Plan is followed. A written description of reportable releases must be submitted to the Los Angeles Regional Water Quality Control Board. HYD-3 Dewatering effluent would first be used for irrigation and then infiltrated. Treated excess would then be discharged to Malibu Creek. If this is not possible, the City or its agent shall coordinate best management City of Malibu Department of (1) Inspect construction site to ensure that BMPs are implemented during construction. (1) Construction (1) As necessary during construction. Los Angeles Regional Water Quality Control Board. Los Angeles Regional Water Quality Control Board. Page 17

24 the Civic Center area to contaminants. Discharge of construction-related dewatering effluent could also result in the release of contaminants to surface water. Stormwater Runoff (Operational): During operation of the proposed project, there is the potential for the transport or release of water pollutants into Malibu Lagoon and Malibu Creek. practices for dewatering in the General Construction Permit and Waste Discharge Requirements obtained from the Los Angeles Regional Water Quality Control Board. As part of the permit, the City shall design and implement measures as necessary so that the discharge limits are met. As a performance standard, these measures shall be selected to achieve maximum sediment removal and represent the Best Available Technology that is economically achievable. The City or its agent shall verify that coverage under the General Construction Permit (or if dewatering volumes exceed those allowed under that permit, an individual National Pollutant Discharge Elimination System permit) has been obtained before allowing dewatering activities to begin. The City or its agent shall perform routine inspections of the construction area to verify that the water quality control measures are properly implemented and maintained. HYD-4 Per the County s National Pollutant Discharge Elimination System General Permit for Municipal Small Storm Sewer Systems Permit (Order ) and Standard Urban Stormwater Mitigation Plan, the City or its agent shall implement stormwater best management practices into project building and grading plans. The Standard Urban Stormwater Mitigation Plan dictates installation of post-construction best management practices to prevent pollutants from entering the storm drainage system during occupation. The Standard Urban Stormwater Mitigation Plan requirements may include, but are not limited to, actions to minimize stormwater pollutants of concern, actions to stabilize slopes and channels, provision of storm drain system stenciling and signage, proper design of outdoor material and trash storage areas, proof of ongoing best management practice maintenance, and design standards (flow calculations) for structural or treatment control best management practices. Pre-Construction Pre-Construction (1) Inspect construction site to ensure that BMPs are implemented during construction. (1) Construction (1) As necessary during construction. (1) Inspect construction site to ensure that BMPs are implemented during construction. (1) Construction (1) As necessary during construction. Los Angeles Regional Water Quality Control Board. Page 18

25 Water Quality (Construction Period): Construction of the proposed project could increase the amount of impervious surfaces and surface runoff volumes from the project area; however, the project would improve the water quality of the runoff. PUBLIC SERVICES AND RECREATION Library Access (Construction Period): While construction activities would occur on Civic Center Way, the potential exists for short-term lane closures, which could result in diminished access to the library and Adoption and implementation of the best management practices to install and maintain appropriate stormwater structural facilities would reduce potential long-term water quality impacts related to stormwater discharges. BMPs that would be implemented during the post-construction period include, but are not limited to the following: Erosion control landscaping, permeable surfaces for pathways shall be installed to minimize discharges of pollutants from the project site. As part of the adaptive management plan, an inspection and maintenance program to identify signs of erosion, vegetation loss, or channelization and to maintain the drainage and pollution control function of the proposed project. See HYD-1 above. Although public service disruptions during the construction period would be less than significant, construction the potential exists for a diminished access to the library and adjacent county administrative facilities. The following mitigation measure would minimize these effects. Pre-Construction (1) Inspect construction site to ensure that BMPs are implemented during construction. (1) Construction (1) As necessary during construction. Page 19

26 adjacent county administrative facilities. However, some level of access to and from the library and county offices would be maintained at all times. The City would provide notice of construction activities that would affect access to the library and the adjacent county facilities. Fire and Emergency Services (Operational): It is not expected that development of the proposed project would result in an increased demand for fire and emergency resources. Regardless, all aspects of the proposed project would be designed and constructed in compliance with applicable fire codes, and specific fire safety measures recommended by the Los Angeles County Fire Department would be followed. UTILITIES Water Supply (Operational): The main source of water demand would be for landscaping at the proposed project. PS-1 The City shall regularly notify the library and county offices located on Civic Center Way of project construction activities and schedules, including any proposed lane closures and/or detours on Civic Center Way. Implementation of the proposed project shall comply with all applicable codes and ordinance requirements for construction, access, water mains, fire flow, and hydrants. PS-2 Los Angeles County Fire Department shall review and approve all project plans to ensure compliance with applicable fire codes and standards. UT-1 Project proponent shall consult with the Los Angeles County Department of Public Works regarding the project s water demand. Any necessary infrastructure required to meet the demand generated by the project shall be provided in compliance with Los Angeles County Department of Public Works and City regulations. Design Team Construction Design Design Team (1) Issue notices regarding construction activities and schedules to library and county offices. (1) Construction (1) As necessary during construction. (1) Check that Los Angeles County Fire Department reviews and approves all project plans (1) Design (1) once Consultation with Los Angeles County Fire Department Consultation with Los Angeles County Department of Public Works District 29 Page 20

27 Design/Construction Post-Construction (1) Check necessary infrastructure required to meet the demand generated by the project is provided. (1) Construction (2) Post-Construction (1) Once during Construction (2) Once Post-Construction Page 21

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29 APPENDIX A SAMPLE COMPLIANCE FORM

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31 PROJECT TITLE MITIGATION MEASURE MONITORING COMPLIANCE FORM Reporting Period: Pre-Construction Construction Post-Construction Report Date: Mitigation Measure: Has the Mitigation Measure been implemented? Yes No Notes: Is further action or monitoring required? Yes No If yes, describe: Is consultation with outside agencies required? Yes No If yes, identify agency: Has consultation with outside agency been completed? Yes No Monitoring Verified By: Date: A-1

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