KRC Aggregates Quarry Expansion Project Mitigation Monitoring and Reporting Program for SCH No San Joaquin County November 5, 2013

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1 KRC Aggregates Quarry Expansion Project for SCH No San Joaquin County November 5, O Street, Suite 200 Sacramento, CA 95811

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3 for the KRC Aggregates Quarry Expansion San Joaquin County, California State Clearinghouse No Prepared for: San Joaquin County 1810 Hazleton Avenue Stockton, CA Contact: John Funderburg, Principal Planner Prepared by: Michael Brandman Associates 2000 O Street, Suite 200 Sacramento, CA Contact: Trevor Macenski, Project Director November 5, 2013

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5 INTRODUCTION This Environmental (MMRP) has been prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines to provide for the monitoring of mitigation measures required of the KRC Aggregates, Inc. (KRC) Quarry Excavation Permit (PA ) and Amended Reclamation Plan as set forth in the Final Environmental Impact Report (Final EIR) prepared for the project. Section of the California Public Resources Code and Section 15091(d) and of the CEQA Guidelines require public agencies, to adopt a reporting or monitoring program for changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. An MMRP is required for the proposed project because the EIR for the project identified potentially significant adverse impacts related to and activities, and mitigation measures have been identified to reduce most of those impacts to a less-than-significant level. COMMUNITY DEVELOPMENT DEPARTMENT ADOPTION OF THE MMRP As lead agency, the County of San Joaquin will adopt this MMRP when it approves the project. This MMRP will be kept on file at the, 1810 Hazleton Avenue, Stockton, CA PURPOSE OF THE MMRP This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during project and. The MMRP may be modified by the County during project, as necessary, in response to changing conditions or other refinements. Table 1 will assist the responsible parties in implementing the MMRP. The table identifies individual mitigation measures, monitoring/mitigation timing, responsible person/agency for implementing the measure, monitoring procedures, and a record of of the mitigation measures. The numbering of mitigation measures follows the numbering sequence used by the EIR. ROLES AND RESPONSIBILITIES Unless otherwise specified herein, the County is responsible for taking all actions necessary to implement the mitigation measures according to the specifications provided for each measure and for demonstrating that the action has been successfully completed. The County may, at its discretion, delegate responsibility or portions thereof to a licensed contractor. The County will be responsible for overall administration of the MMRP and for verifying that County staff or a qualified contractor has completed the necessary actions for each measure. Michael Brandman Associates 1

6 County of San Joaquin KRC Mine Expansion The County will each designate a project manager to oversee the MMRP during the project period. Duties of the project manager include the following: Ensure that routine inspections of the project site are conducted by appropriate County staff; and check plans, reports, and other documents required by the MMRP. Serve as liaison between the County and the project applicant regarding mitigation monitoring issues. Complete forms and maintain records and documents required by the MMRP. Coordinate and ensure that corrective actions or enforcement measures are taken, if necessary. CHANGES TO MITIGATION MEASURES Any substantive change in the MMRP made by County staff shall be reported in writing. Reference to such changes shall be made in the monthly or annual Environmental Mitigation Monitoring Report prepared by County staff. Modifications to the mitigation measures may be made by County staff subject to one of the following findings and documented by evidence included in the record: 1. The mitigation measure included in the Final EIR and the MMRP is no longer required because the significant environmental impact identified in the Final EIR has been found not to exist or to occur at a level which makes the impact less than significant as a result of changes in the project, changes in conditions of the environment, or other factors. OR 2. The modified or substitute mitigation measure to be included in the MMRP provides a level of environmental protection equal to or greater than that afforded by the mitigation measure included in the Final EIR and the MMRP. AND 3. The modified or substitute mitigation measures do not have significant adverse effects on the environment in addition to or greater than those which were considered by the responsible hearing bodies in their decisions on the Final EIR and the proposed project. AND 4. The modified or substitute mitigation measures are feasible, and the County, through measures included in the MMRP or other County procedures, can assure their. Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the MMRP and shall be made available to the public upon request. 2 Michael Brandman Associates

7 MMRP SUMMARY TABLE The MMRP Summary Table that follows should guide the County in their evaluation and records of the of mitigation measures. The column categories identified in the MMRP Summary Table are: Summary of Mitigation - lists the mitigation measures by number identified in the Final EIR and provides the text of the mitigation measures identified in the Final EIR. Action - describes the type of action taken to verify of the mitigation. Implementing Party - identifies the entity responsible for complying with the requirements of the mitigation measure. Timing - lists the time span in which the mitigation will take place. Monitoring Party - identifies the agency that verifies compliance. Michael Brandman Associates 3

8 Table 1: Mitigation Monitoring and Reporting Table Mitigation Measure Section 4.5 Biological Resources MM 4.5-1a: Mitigation for impacts to vernal pool branchiopods 1. To determine if the vernal pools and seasonal wetlands within the RMAs and the vernal pools and seasonal wetlands located within the 250-foot buffer zones of Resource Management Areas (RMAs) and haul roads are occupied by listed vernal pool branchiopod species, protocol level surveys will be conducted prior to initiation of mining activities. Surveys will be conducted according to the Interim Survey Guidelines to Permittees for Recovery Permit under Section 10(a)(1)(A) of the Endangered Species Act (ESA) for Listed Vernal Pool Branchiopods (USFWS 1996). The guidance recommends that either two full wet season surveys be conducted within a fiveyear period or a full wet season and a consecutive dry season (or vice versa) be conducted. Surveys will be initiated at least two years prior to the of haul roads or mining activities within the RMAs to allow sufficient time to complete two wet season surveys, or one wet season and one dry season survey. 2. Potential indirect impacts to vernal pool branchiopod habitat located within the 250-foot buffer zones around RMAs and haul roads would be avoided or minimized through of conservation/minimization measures and Best Management Practices (BMPs) in Section of the BA (ECORP Consulting, Inc. 2009), and listed below, following the mitigation measures. These were designed to protect biological resources in the quarry expansion area, including protection of water quality from erosion, sedimentation, and non-point source pollution. 3. If listed vernal pool branchiopods are present; direct impacts to these occupied habitats will be mitigated at an offsite USFWSapproved mitigation bank at a ratio of 3:1 (2:1 preservation and 1:1 creation), and indirect impacts will be mitigated at a ratio of 2:1 preservation (USFWS 1996). Method of Verification Implementing Party Timing of Verification Monitoring Party the s clearing, subsurface earthwork and ongoing during Michael Brandman Associates 4

9 Table 4.5 5: Existing, Impacted, and Mitigation Acreage for Vernal Pool Branchiopod Habitat Type Potential Habitat Direct Impact Indirect Impact 1 Vernal Pools Seasonal Wetlands Ephemeral Ponds Preservation (2:1) Creation (1:1) TOTAL Notes: 1 Potential habitat within 250 feet of RMAs and haul roads, excludes direct impact areas. Impacts to listed vernal pool branchiopod habitat will be mitigated through preservation and creation of wetland acreages within an offsite USFWS-approved mitigation bank. 4. In addition, a ±299-acre CTS preserve is proposed over much of the quarry expansion area, and is comprised primarily of annual grassland and wetlands including several large vernal pool/seasonal wetland complexes. The preserve polygon was designed to include as many wetland features and documented CTS breeding sites as possible. The preserve will encompass acres of existing wetlands, which represents approximately 36 percent of the total waters of the U.S. within the proposed quarry expansion area (30.47 acres). The location and boundary (polygon) of the proposed preserve are depicted in Exhibit (ECORP Consulting, Inc. 2009, Appendix D-1-a). Michael Brandman Associates 5

10 MM 4.5-1b: Mitigation for impacts to California tiger salamander 1. Impacts to CTS would be mitigated through of conservation and minimization measures outlined in the BA (ECORP Consulting, Inc. 2009; Appendix D-1-a). These measures include the following: Silt fencing will be installed around the perimeters of all sediment catchment basins to prevent use as breeding sites. All excavated, steep-walled holes or trenches more than 6 inches deep will be covered with plywood or similar material, or provided with one or more escape routes constructed of earth fill or wooden planks. Ground disturbance will be confined to the RMAs and haul roads. A tightly woven fiber netting, coconut coir netting, or similar material (with openings less than 0.25-inch diameter) will be used for erosion control or other purposes to ensure that salamanders do not become entrapped. A water truck equipped with spray bars will be used to dampen unpaved roads for dust control. To minimize potential for direct impacts to dispersing or migrating salamanders, excavation and hauling of aggregate will be limited to daylight hours. A permanent rangeland/erosion control seed mix, approved by the County, will be applied to exposed soil surfaces to reduce or minimize invasive weeds. Vehicle traffic will be restricted to established haul roads, RMAs, and other designated areas. Maintenance of vehicles or other equipment will not occur outside of the designated staging areas, which will be located at least 250 feet from vernal pools, seasonal wetlands, ponds, and riparian habitat. At least acres of land will be restored to conditions comparable or improved relative to pre-mining conditions to provide essential habitat for California tiger salamander and other sensitive species (vernal pool branchiopods, spadefoot toad, etc.). the s clearing, subsurface earthwork and ongoing during Michael Brandman Associates 6

11 2. In addition to the general conservation/minimization measures listed above, several measures will be implemented prior to initiation of mining activities to reduce the impact of the project on CTS and CTS habitat: A 2-year trapping and relocation study will be conducted to remove and relocate as many CTS as possible from each RMA using a drift fence pitfall trap array. The fence will surround each RMA to block entry of CTS into the RMAs, and will remain in place throughout the 1- to 4-year mining period for each RMA. Fences will be removed following reclamation activities, including re-establishment of topsoil within the RMA. A USFWS-approved biologist will prepare an educational pamphlet and conduct a training session for all KRC employees regarding the identification of special-status species, what to do if these species are encountered, habitat sensitivity, and other environmental resource information. 3. Mitigation for the temporary loss of CTS upland habitat shall be mitigated through the creation of a ±299-acre CTS preserve. The preserve would mitigate the temporary direct loss of upland habitat for CTS at a 1:1 ratio (249.9 acres) and 3:1 for direct impacts associated with of temporary haul roads (5 x 3 = 15 acres). In addition, indirect impacts to documented and potential breeding sites would be mitigated at a 3:1 ratio (1.28 x 3 = 3.84). Mitigation activities associated with indirect affects to CTS breeding habitats may also include creation of new aquatic habitats and/or enhancement of existing features. The proposed preserve is comprised primarily of annual grassland and wetlands including several large vernal pool/seasonal wetland complexes. The preserve polygon was designed to include as many wetland features and documented CTS breeding sites as possible. The preserve will encompass acres of existing wetlands, which represents approximately 36 percent of the total waters of the U.S. within Michael Brandman Associates 7

12 the proposed quarry expansion area (30.47 acres). The location and boundary (polygon) of the proposed preserve are depicted in Exhibit (ECORP Consulting, Inc. 2009, Appendix D.1-a). MM 4.5-1c: Mitigation for impacts to western spadefoot 1. Potential indirect impacts to western spadefoot toad habitat located within the 250-foot buffer zones around RMAs and haul roads will be avoided or minimized through of conservation and minimization measures, and BMPs outlined below (ECORP Consulting, Inc. 2009, Appendix D-1-a). 2. To minimize direct impacts to individual western spadefoot toads, any individuals incidentally trapped during the two-year trapping and relocation study for CTS, shall be relocated outside of the RMAs. 3. Creation of a ±299-acre CTS preserve (detailed MM 4-5-1b above) containing acres of wetland habitat will result in the preservation of western spadefoot breeding habitat. Nearly all of the wetlands used by western spadefoot for breeding, identified during CTS larval surveys, are located within the proposed preserve boundaries. the s clearing, subsurface earthwork and ongoing during MM 4.5-1d: Mitigation for impacts to burrowing owl 1. Pre- surveys shall be conducted by a qualified biologist in all areas of suitable habitat within 250 feet of each RMA prior to of any ground clearing activities. The survey shall be conducted no more than 30 days prior to initiation of any excavation activities. 2, If no suitable burrows are identified, then no additional mitigation is required. 3. If occupied burrows are found, the biologist shall determine the need (if any) for temporal restrictions on mining. If occupied burrows are located, the birds shall be passively relocated in accordance with CDFG s 1995 Staff Report. the s clearing activities, subsurface earthwork and on-going during Michael Brandman Associates 8

13 MM 4.5-1e: Mitigation for impacts to Swainson s hawk 1. Ground clearing and removal of vegetation shall occur outside of the nesting season, which typically runs from March 1 through September If ground clearing or removal of vegetation must occur during the nesting season, surveys for nesting Swainson s hawk shall be conducted prior to of any ground clearing activities associated with excavation of each RMA including haul roads. Surveys shall be limited to those areas within 0.25 mile of each excavation area where suitable habitat is present. Surveys shall be conducted no more than 30 days prior to the beginning of ground disturbance. If an active nest is located, a qualified biologist shall determine the need (if any) for temporary restrictions on mining. the s clearing activities subsurface earthwork and on-going during MM 4.5-1f: Mitigation for impacts to other nesting birds 1. Removal of woody vegetation and other ground clearing activities required to implement each phase of the project shall occur outside of the nesting season, which generally runs from March 1 through September If these activities must occur during the nesting season (generally March 1 through September 1), pre surveys for nesting birds shall be conducted within 250 feet of the quarry expansion area. Surveys shall be conducted no more than 30 days prior to the beginning of ground disturbance. If an active nest is located, a qualified biologist shall determine the need (if any) for temporary restrictions on mining. The monitoring biologist will determine the necessary minimum setback based on the species of bird that is nesting. Construction activity may be allowed within the minimum setback area at the discretion of the monitoring biologist. the s clearing activities subsurface earthwork and on-going during Michael Brandman Associates 9

14 MM 4.5-1g: Mitigation for impacts to bat maternity roosts 1. Removal of woody vegetation required to implement each phase of the project shall occur outside of the nursery season, which generally runs from April through August. 2. If these activities occur during the nursery, pre surveys for maternity roosts shall be conducted within the quarry expansion area. If nursery sites are identified in trees scheduled for removal, removal shall occur outside of the nursery season and shall occur during dusk and/or evening hours after bats have left the roosting site. the s clearing activities, subsurface earthwork and on-going during MM 4.5-1h: Best Management Practices The following best management practices will be implemented to reduce indirect impacts associated with project. Erosion control measures, including tightly woven fiber netting, coconut coir netting, or similar material, will be used to prevent sedimentation from adversely affecting wetland features. Ground-disturbance activities or other human-induced disturbances will not be allowed outside of the RMAs or designated haul roads without prior written approval of the USFWS. A water truck equipped with spray bars will be used to dampen unpaved roads and RMAs as necessary for dust control. A permanent rangeland/erosion control seed mix, approved by the County, will be applied to exposed soil surfaces to reduce or minimize invasive weeds. Topsoil and overburden stockpiles will be seeded with this mix prior to spreading on the surface of re-contoured RMAs. To prevent possible resource damage from hazardous materials such as motor oil and fuel, maintenance of vehicles or other equipment will not occur outside of the designated staging area. Staging areas will be located at least 250 feet from vernal pools, seasonal wetlands, ponds, and riparian habitat. Adequate fencing with appropriate open space/environmental information signage will be placed around avoided habitat. the s clearing activities, subsurface earthwork and on-going during Michael Brandman Associates 10

15 A Worker Environmental Awareness Program (WEAP) training will be implemented that will cover all mitigation measures; environmental permits; and proposed plans such as the SWPPP, BMPs, erosion and sediment control plans, and any other applicable plans. MM 4.5-3a: Mitigation for directly impacted features 1. The applicant shall obtain the appropriate permits from the regulatory agencies prior to the commencement of any projectrelated grading activities within the jurisdictional drainages, wetlands, and/or vernal pool areas. All subsequent activities shall follow the standard and special conditions set forth in the permits. Unless otherwise directed by conditions of agency permits and agreements, the following mitigation efforts shall be implemented. Mitigation for wetlands that are not suitable for vernal pool invertebrate species shall occur at a ratio of 2:1 for habitat preserved and 1:1 for habitat creation. These features include 0.01 acre of seep and 0.21 acre of wetland swale. These impacts require preservation of 0.02 acre of seep and 0.42 acre of wetland swale, and the creation of 0.01 acre of seep and 0.21 acre of wetland swale. 2. The project will also impact 0.02 acre of ephemeral stream and 0.01 acre of intermittent stream. Mitigation for ephemeral and intermittent streams shall occur at a minimum ratio of 1:1 for habitat preservation for direct impacts. 3. Mitigation for impacts would occur concurrent with vernal pool invertebrate and CTS mitigation described in Impact above. Alternately, mitigation may occur through the purchase of credits at a USACE approved mitigation bank, purchase of inlieu credits from the USACE in-lieu fee program, or through establishment of an onsite preserve. 4. These suggested mitigation measures are based on mitigation programs that have been accepted for similar projects in the region and are considered a minimum requirement. Final mitigation measures will be negotiated during the regulatory permitting process, which is required prior to obtaining a grading permit. the s clearing activities, subsurface earthwork and on-going during Michael Brandman Associates 11

16 MM 4.5-3b: Mitigation to protect avoided features from indirect impacts 1. Erosion control measures will be implemented to prevent sedimentation from adversely affecting wetlands and other waters. A tightly woven fiber netting, coconut coir netting, or similar material (with openings less than 0.25 inches in diameter) will be used for erosion control or other purposes to ensure that CTS do not become entrapped. 2. In addition, an updated Storm Water Pollution Prevention Plan (SWPPP) will be prepared. The SWPPP may include sediment catchments and sediment basins to intercept runoff from disturbed slopes so that that sediment is prevented from washing into adjacent drainage ways or sensitive habitats. the s clearing activities, subsurface earthwork and on-going during MM 4.5-5: Mitigation for blue oak woodland The project would result in the direct loss of acres of intact blue oak woodland habitat. Prior to the initiation of excavation or any excavation-related activities such as development of haul roads, an Oak Woodlands Mitigation Plan shall be prepared. The Plan shall clearly present how mitigation would be accomplished for loss of acres of blue oak woodland. The Plan shall be submitted to the County for approval. the s clearing activities, subsurface earthwork and on-going during Michael Brandman Associates 12

17 MM 4.5-6: Mitigation for SJMSCP Under the SJMSCP, mitigation for conversion of natural habitats, including oak woodlands and grasslands, requires compensation at a ratio of 3 acres of Preserve acquired, enhanced, and managed in perpetuity for each acre of habitat converted from Open Space. Mitigation may occur using one or a combination of two or more of the options below to provide compensation pursuant to the SJMSCP: 1. Pay a per-acre fee to the Joint Powers Authority (JPA) for acquisition of conservation easements or for acquisition of lands in fee title. 2. Dedicate lands in lieu of fee payments. 3. Purchase approved mitigation bank credits. 4. Propose an alternative mitigation plan, consistent with the goals of the SJMSCP and equivalent in biological value to 1, 2, or 3 above, subject to approval of the JPA. the s measure through any combination of the four options provided clearing activities, subsurface earthwork and ongoing during. Section 4.6 Cultural Resources MM If cultural resource are encountered during subsurface earthwork activities for the project, all excavation activities within a 100-foot radius of the find shall cease until a qualified archaeologist determines whether the resource requires further study. Any previously undiscovered resources found during and/or quarrying shall be recorded on appropriate California of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report and file it with the appropriate Information Center, and provide for the permanent curation of the recovered materials. The applicant forward all log sheets to the for the s verification that cultural resource monitoring is being conducted appropriately, if required. During subsurface earthwork and ongoing during Michael Brandman Associates 13

18 MM A qualified paleontologist shall conduct an initial field visit of the quarry expansion area focusing on the APE prior to any surface disturbance. Based on the findings of this visit, the paleontologist shall prepare a paleontological monitoring program to be implemented during excavation activities in the quarry expansion area. This program may include: A pre meeting with KRC and its employees to explain the significance of resources prior to commencement of initial grading of haul road or topsoil removal in the first RMA; A pre meeting prior to the commencement of topsoil removal in each RMA; Periodic monitoring by a paleontologist at a rate to be determined by the paleontologist; A methodology for recovery of fossils if encountered the s clearing activities, subsurface earthwork and ongoing during MM 4.6-4: If human remains are encountered during earthdisturbing activities for the project, all work in the adjacent area shall stop immediately and the San Joaquin County Coroner s office shall be notified. The County Coroner s office is responsible for coordination of removal, storage, and treatment of any human remains found. If the remains are determined to be Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent. The Most Likely Descendent will be consulted for recommendations for treatment of the discovered remains (CEQA Guidelines Section ; Health and Safety Code Section ; Public Resources Code). forward to the all formal communication and determination(s) of the San Joaquin County Coroner and Native American Heritage Commission, if required, for the s review and inspection During subsurface earthwork and ongoing during Michael Brandman Associates 14

19 Section 4.13 Traffic and Transportation MM : The following mitigation for intersection improvements shall be required for Brandt Road access prior to project mining activities: a) Mackville Road and Jahant Road: As shown in Figure 10 of the TIA, a minimum of about 50 square feet of pavement shall be added on the outer edge to keep trucks from leaving the pavement. b) Jack Tone Road and Harney Lane: As shown in Figure 12 of the TIA, a minimum of about 50 square feet of pavement shall be added on the outer edge to keep trucks from leaving the pavement. c) Clements Road and Harney Lane: As shown in Figure 15 of the TIA, a minimum of about 100 square feet of pavement should be added on the outer edge to keep trucks from leaving the pavement. d) Clements Road and Kettleman Lane: As shown in Figure 16, a minimum of about 250 square feet of pavement shall be added on the outer edge to keep trucks from leaving the pavement. e) Clements Road and Brandt Road (Northbound to Eastbound): As shown in Figure 17 of the TIA, a minimum of about 140 square feet of pavement shall be added on the outer edge to keep trucks from leaving the pavement. f) Clements Road and Brandt Road (Westbound to Northbound): As shown in Figure 17 of the TIA, a minimum of about 165 square feet of pavement shall be added on the outer edge to keep trucks from leaving the pavement. the s measure by appropriate Prior to subsurface earthwork and Public Works Michael Brandman Associates 15

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