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Home My WebLink AboutOAJ 15-03; NRG OIL TERMINAL REMOVAL; _N/ANovember 23, 2015 Kelly Keen California State Lands Commission Suite 100-South 100 Howe Avenue Sacramento, CA 95825 ~'\~·, }~d I\ !.;,3} ,s- F I Lfk' City of Carlsbad RE: OAJ 15-03 -COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE CABRILLO POWER I LLC ENCINA MARINE OIL TERMINAL DECOMMISSIONING PROJECT Thank you for the opportunity to review the Draft Mitigated Negative Declaration for the Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning project. Planning The following comments were provided by me. If you have any questions about the following section, please contact me at (760) 602-4644 or pam.drew@carlsbadca.gov. 1. Page 3-76, Section 3.7.3(a), line No. 32: The City of Carlsbad has adopted a Climate Action Plan recently, which Include thresholds of significance for GHG emissions. The city has determined that new development projects emitting less than 900 MTCOze annual GHG would not contribute considerably to cumulative climate change impacts, and therefore do not need to demonstrate consistency with the CAP. 2. Page 3-78, Section 3.7.3(b), line No.9: Please update the MND document to state the City of Carlsbad has adopted a Climate Action Plan, dated September 2015. 3. Page 3-112, Section 3.12.2.2, line No. 27: Please include the following additional city holidays: Martin Luther King Birthday, Presidents Day and Columbus Day. 4. Page 3-117, Section 3.12.3, line No.9: Change the number of major holidays from seven to ten. 5. Page 3-117, Section 3.12.3, line No.31: Include a contact name and phone number on the advanced public notice sign. 6. Page 3-119, Section 3.12.3, line No. 16: Include a contact name and phone number on the advanced public notice sign. Community & Economic Development · Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov OAJ 15-03-COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE CABRILLO POWER I LLC ENCINA MARINE OIL TERMINAL DECOMMISSIONING PROJECT November 23, 2015 Pa e 2 7. Page 3-132, Section 3.16.3, line No. 9: The sand that will be hauled to the site and used as backfill shall comply with the City of Carlsbad's Opportunistic Beach Fill Program and shall reasonably match the color of the natural beach sand (i.e. color, texture and grain size). For additional information on the city's program please contact Kasia Trojanoska, Park Planner. You can reach her at (760) 434- 2838 or at kasia.trojanowska@carlsbadca.gov. 8. The City of Carlsbad is proposing street improvements in the fall of 2016 in the vicinity of your proposed project. Please coordinate your decommissioning project with Jonathan Schauble, Associate Engineer. You can reach him at (760) 602-2762 or at jonathan.schauble@carlsbadca.gov. Sincerely, !lw-2J~ PAM DREW Associate Planner c: Liz Ketabian, Park Planning Manager Kasia Trojanowska, Park Planner Scott Donnell, Senior Planner Jonathan Schauble, Associate Engineer File Copy DMS November 23, 2015 Kelly Keen California State lands Commission Suite 100-South 100 Howe Avenue Sacramento, CA 95825 ('city of Carlsbad RE: OAJ 15-03 -COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE CABRILLO POWER I LLC ENCINA MARINE OIL TERMINAL DECOMMISSIONING PROJECT Thank you for the opportunity to review the Draft Mitigated Negative Declaration for the Cabrillo Power ILLC Encina Marine Oil Terminal Decommissioning project. Planning The following comments were provided by me. If you have any questions about the following section, please contact me at (760) 602-4644 or pam.drew@carlsbadca.gov. 1. Page 3-76, Section 3.7.3(a), line No. 32: The City of Carlsbad has adopted a Climate Action Plan recently, which include thresholds of significance for GHG emissions. The city has determined that new development projects emitting less than 900 MTC02e annual GHG would not contribute considerably to cumulative climate change impacts, and therefore do not need to demonstrate consistency with the CAP. 2. Page 3-78, Section 3.7 .3(b), line No.9: Please update the MND document to state the City of Carlsbad has adopted a Climate Action Plan, dated September 2015. 3. Page 3-112, Section 3.12.2.2, line No. 27: Please include the following additional city holidays: Martin Luther King Birthday, Presidents Day and Columbus Day. 4. Page 3-117, Section 3.12.3, line No.9: Change the number of major holidays from seven to ten. 5. Page 3-117, Section 3.12.3, line No.31: Include a contact name and phone number on the advanced public notice sign. 6. Page 3-119, Section 3.12.3, line No. 16: Include a contact name and phone number on the advanced public notice sign. Community & Economic Development · Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov Notice of Public Review October 20, 2015 2 Cabrillo Power I LLC Encina MOT Decommissioning Project The Project MND can be downloaded, in PDF format, at www.slc.ca.gov (click on the Information and CEQA Updates links). Hard copies and/or COs of the MND are also available for review at the locations below: Carlsbad City Library 1775 Dove Lane Carlsbad, CA 92011 California State Lands Commission 100 Howe Ave., Suite 100-South Sacramento, CA 95825 The MND is available for at least a 30-day review period beginning Tuesday, October 20, 2015 and ending Friday, November 20, 2015. The MND is available for a 30-day review period. All comments must be received by November 20, 2015, and can be sent to: California State Lands Commission Attention: Kelly Keen 100 Howe Ave., Suite 100-South Sacramento, CA 95825 Important Notes to Commenters Email: CEQAcomments@slc.ca.gov Fax: (916) 574-1885 1. You are encouraged to submit electronic copies of your written comments. If written comments are sent by e-mail, please send the comments to CEQAcomments@slc.ca.gov and write the following in the subject line of your email: Encina MOT Decommissioning Project Comments. If written comments are faxed, please also mail a copy to ensure that a clean copy is received by this office. 2. If you represent a public agency, please provide the name, e-mail address, and telephone number for the contact person in your agency for the Project. 3. Before including your mailing or e-mail address, telephone number, or other personal identifying information in your comment, please be aware that the entire comment- including personal identifying information-may become publicly available, including in the MND and posted on the Internet). The CSLC will make available for inspection, in their entirety, all comments submitted by organizations or businesses or by individuals identifying themselves as representatives of organizations or businesses. The Project's MND will be considered for adoption at the December 18, 2015, scheduled meeting of the CSLC, unless otherwise stated on the CSLC's website. The specific time and location will be posted on the CSLC's website at www.slc.ca.gov when specific meeting information becomes known. Should you have any questions or need additional information from a State or CEQA perspective, please contact Kelly Keen at (916) 574-1938, or via e-mail at Kelly.Keen@slc.ca.gov. Jennifer Lucchesi Executive Officer ,. Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning Page 1 of 4 ... --- OA:f IS-o3 Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning Project Note to Reader: The full MND may be downloaded as one file (6.3 MB) by clicking here. The full MND file does not contain Appendices. Appendices are available for download below. Cover Table of Contents and Acronyms / Executive Summary 1.0 Project and Agency Information 2.0 Project Description 3.0 Environmental Checklist and Analysis o 3. 1 Aesthetics o 3.2 Agriculture and Forest Resources o 3.3 Air Quality 3.4 Biological Resources o 3.5 Cultural and Paleontological o 3.6 Geology and Soils o 3. 7 Greenhouse Gas Emissions 3.8 Hazards and Hazardous Materials o 3.9 Hydrology and Water Quality o 3.10 Land Use and Planning http://www.slc.ca.gov/Info/CEQA/Cabrillo.html 10/22/2015 Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning Page 2 of4 .... r o 3.11 Mineral Resources o 3.12Noise o 3.13 Population and Housing o 3.14 Public Services 3.15 Recreation o 3.16 Transportation/Traffic o 3.17 Utilities and Service Systems o 3.18 Mandatory Findings of Significance 4.0 Other Major Areas of Concern 5.0 Mitigation Monitoring Program 6.0 MND Preparation Sources and References Appendices <' ¥ ' ~ "'' Appendix A -Project Description Support Exhibits Appendix B -Nalco EC61 06A Material Safety Data Sheet Appendix C-Drawing AA 62302-B Underpass at Coordinate 7+00 and State Highway Appendix D-Asbestos and Lead Paint Survey Report, Royal Environmental Services, Inc. Appendix E -Marine Safety and Anchoring Plan Appendix F -Marine Wildlife Contingency Plan Appendix G -Oil Spill Response Plan Appendix H -Air Quality and Greenhouse Gases Spreadsheets Appendix I-Marine Biological Resources Survey, Merkel & Associates, Inc. Appendix J -Underwater Noise Impacts Report, Greeneridge Sciences, Inc. Appendix K-Cultural Resources Support Material Appendix L-Shoreline Evolution Analysis Technical Memo, S. Jenkins, PhD http://www.slc.ca.gov/Info/CEQA/Cabrillo.html 10/22/2015 1 EXECUTIVE SUMMARY 2 This Mitigated Negative Declaration (MND) has been prepared by the California State 3 Lands Commission (CSLC), as lead agency under the California Environmental Quality 4 Act (CEQA) (Pub. Resources Code, § 21000 et seq.), to analyze and disclose the 5 environmental effects associated with the proposed Cabrillo Power I LLC Encina Marine 6 Oil Terminal Decommissioning Project (Project). The Project would authorize Cabrillo 7 Power I LLC (Applicant) to decommission the non-operational Encina Marine Oil 8 Terminal (MOT), a component of the Encina Power Station (EPS), in accordance with 9 the terms and conditions of the Applicant's existing CSLC Lease PRC 791.1. 10 The proposed Project is located in and offshore of the City of Carlsbad, San Diego 11 County. The tidelands and submerged lands under lease from the CSLC lie immediately 12 west and offshore of Carlsbad State Beach south of Agua Hedionda (Figure ES-1), and 13 encompass a mooring area and pipeline corridor (Figure ES-2). The offshore leased 14 lands are located within the area represented on the San Luis Rey, California, U.S. 15 Geological Survey 7.5-minute quadrangle map, Township 12S, Range 4W, San 16 Bernardino baseline and meridian. 17 The EPS, which is located at 4600 Carlsbad Boulevard, is fronted by Carlsbad 18 Boulevard and Carlsbad State Beach and houses the onshore termination of an 19 approximately 3,855-foot-long fuel oil submarine pipeline and a beach valve pit (the fuel 20 oil submarine pipeline is the only subsea pipeline at the EPS that will be 21 decommissioned as part of this Project; the subsea intake and discharge pipelines for 22 the EPS and adjacent Poseidon desalination plant are not part of this Project). From the 23 EPS, the pipeline crosses under Carlsbad Boulevard through an underpass conduit and 24 underpass end structure and below Carlsbad State Beach and a riprap groin to its 25 offshore termination in approximately 60 feet of water. An onshore and beach site map 26 is shown in Figure ES-3 (see also Figure A1-1 in Appendix A for a large-scale site map). 27 The CSLC prepared an MND because, while the Initial Study identified potentially 28 significant impacts related to the decommissioning of the MOT, after analysis of all the 29 facts and circumstances, CSLC staff believes that measures have been incorporated 30 into the Project proposal and agreed to by Cabrillo Power I LLC that avoid or mitigate 31 those impacts to a point where no significant impacts would occur. 32 PROPOSED PROJECT 33 The Project is primarily comprised of the 11 decommissioning elements listed below. 34 Onsite decommissioning activities are expected to occur over two construction seasons 35 and are currently scheduled to begin in September 2016 and end in January 2018. October 2015 ES-1 Encina MOT Decommissioning Project MND 0 .. • \ I .. I .,. -·.-..-rJ ~ \ \ .. .. -- Figure ES-2. Mooring Area Detail October 2015 ES-3 Executive Summary 'r--- MOORING BUOY 1 352,81~. 1663,205E LONG 117 21' 00.5' LAT 33 07' 53.3' MOORING BUOY 2 352,93(11,1, 1663,635E LONG 111 20' ss.s- LAT 3307'54.5' MOORING BUOY 3 352,155N,1664,140E LONG 117 20' 49.8'" LAT 33 07' 56 8' MOORING BUOY 4 353,415N, 1664,310E LONG 11720'47.6~ LAT33 0TS9.4• MOORING BUOY 5 353,860\1, 1664,1 05E LONG 11720'50.1. LAT 33 08' 03.8" MOORING BUOY 0 353,990N, 1663,610E LONG 111 20' ss.s· LAT 33 o8' os.o· MOORING BUOY 7 354,115N,1661,195E LONG 117 21' 00.9' LAT 33 08' 06.2' MOORJHG BUOY 1-SINc.L~ POINT 353.59SN, 1661,760E LONG 117 21' 17.~ LAT 33 or ss.s· NAV1GAnOH BUOY 353,045N, 1661,795E LONG 117 21'17.3' LAT 33 08' 00 a~ NOTES 1 MOORING BUOYS Y.ERE REMOVED IN 2009 1HO THE CHAIN MOORING LEGS OROI'PEO TO THE SEN'l.OOR MOORING BUOY COORDINATES AAE GIVEN I4S THEY MAY REPRESENT THE ENDS OF THE CHAI'~ MOORING LEGS RESTNG ON THE SEAFLOOR 2 THE COORDNATES LISTED ARE FOR THE MOORING E!UOYS (NOT NIICHORS) IN THIS GR*'HIC THE MOORING BUOYS AAE REPRESENTED AS THE RECTN~GLE SHN'ES THIS GRN'HIC IS FROVOEO FOR VISUAL REFERENCE ONI.. Y Nro S NOT TO sc.-L.E ...___ Encina MOT Decommissioning Project MND Executive Summary 1 1. Removal of the entire fuel oil submarine pipeline, two 14,000-pound Danforth 2 pipeline end anchors, and any remaining components of the pipeline termination 3 marker buoy; 4 2. Decommissioning of the beach valve pit and all associated electrical and piping 5 components; 6 3. Decommissioning of the underpass conduit; 7 4. Decommissioning of the underpass end structure; 8 5. Temporary removal of the riprap groin and restoration of the groin after the 9 underlying fuel oil submarine pipeline has been removed; 10 6. Restoration of the beach; 11 7. Removal of the remaining seven-point mooring system (chains and anchors); 12 8. Removal of the remaining single-point mooring (chain and anchor); 13 9. Removal of the remaining navigation buoy (chain and clump); 14 10. Removal of all seafloor debris associated with the MOT operations; and 15 11. Quitclaim of the remaining portions of the underpass to the City of Carlsbad. 16 For planning purposes, Project facilities are divided into four discrete segments of work 17 (onshore, beach, surf zone, and offshore segments) based on their location. The 3,855- 18 foot fuel oil submarine pipeline passes through all four segments, with each segment 19 requiring specific methods and equipment to perform the decommissioning work. 20 Onshore Segment 21 The onshore segment begins at the beach valve pit inside the EPS and extends 22 approximately 110 feet to the underpass end structure on the eastern edge of the 23 beach. Facilities located within this segment include a section of the fuel oil submarine 24 pipeline and fill line; the beach valve pit (including a reinforced concrete rectangular 25 vertical vault and horizontal shaft); the underpass conduit; the underpass end structure 26 (including a reinforced concrete rectangular vertical vault and horizontal shaft); all the 27 piping and electrical components; and appurtenances inside or attached to the outside 28 of these structures. Decommissioning work for this segment would be performed by 29 land-based crews and equipment and would include the following activities. 30 a) The entire fuel oil submarine pipeline would be removed from inside the beach. 31 valve pit, the underpass conduit, and the underpass end structure. This section 32 of the pipeline would be extracted from the underpass through the beach valve 33 pit and into the existing EPS facility. 34 b) The fill line would be plugged with cement slurry. Once the cement slurry plug in 35 the fill line solidifies, the flanged end and pipe stub of the fill line (at the east wall October 2015 ES-5 Encina MOT Decommissioning Project MND Executive Summary 1 of the beach valve pit) would be removed and a permanent steel plate cap would 2 be welded on the cut end of the fill line. 3 c) At the beach valve pit, soil samples would be taken from underneath the floor. If 4 contaminated soil exceeding allowable limits is found, the floor of the beach valve 5 pit would be demolished and the underlying contaminated soil would be 6 remediated to comply with regulatory requirements. If the soil samples are not 7 contaminated, or if any contamination is less than allowable limits, the bottom 8 portion (5 feet below grade or deeper) of the beach valve pit would be left intact, 9 and the top portion (from the surface to 5 feet below grade) would be demolished 10 and broken down to 5 feet below existing contours or to the top of the horizontal 11 shaft of the beach valve pit, whichever is greater. The beach valve pit would then 12 be backfilled and compacted with native soil to existing grade. 13 d) The underpass conduit would be filled with a cement slurry plug and abandoned 14 in place. 15 e) The vertical vault portion of the underpass end structure would be excavated, 16 demolished, and removed in its entirety up to the transition point to the horizontal 17 shaft portion of the underpass end structure. 18 f) The horizontal shaft, wing walls, and a concrete footing of the underpass end 19 structure (located below the existing westerly sidewalk and westerly southbound 20 lane within the Carlsbad Boulevard right-of-way) would be abandoned in place. 21 g) The beach would be restored at the underpass end structure by backfilling the 22 excavation with native sand to current beach contours. 23 h) All recovered pipe, concrete, and steel debris would be disposed of or recycled 24 off-site. 25 i) All electrical and piping fixtures and appurtenances would be removed from 26 inside the beach valve pit, the underpass conduit, and the underpass end 27 structure, and abatement or removal of any contaminates including lead, 28 asbestos, and hydrocarbons that exceed allowable limits would be conducted. 29 Beach Segment 30 The beach segment begins at the west side of the underpass end structure and extends 31 approximately 220 feet into the intertidal zone near the mean low water line. Facilities 32 located within the beach segment include a section of the fuel oil submarine pipeline 33 and a riprap groin covering the pipeline. In order to excavate and remove the fuel oil 34 submarine pipeline, the riprap groin would need to be permanently or temporarily 35 removed. To determine potential near-field effects of removing the riprap groin (also 36 referred to as the South Beach Groin), Jenkins (2013) conducted a shoreline evolution 37 analysis (see Appendix L) to predict shoreline evolution over 20-year-long historic 38 periods of waves, tides, currents, and dredge disposal. The study showed that, although Encina MOT Decommissioning Project MND ES-6 October 2015 Executive Summary 1 removal would have no apparent short-term effect on shoreline change, long-term (1 0 to 2 20 years) cumulative impacts, generally erosional in nature, to the shoreline would 3 occur. Therefore, to retain the width of the existing shoreline, the riprap groin would be 4 restored to pre-Project contours following the removal of the fuel oil submarine pipeline. 5 Decommissioning work for this segment would be performed by land-based crews and 6 equipment, but limited to extreme low tide conditions when working in the intertidal 7 zone. Work in the beach segment would be accomplished as follows. 8 a) The riprap groin would be temporarily moved to expose the underlying fuel oil 9 submarine pipeline and stored on the beach during the pipeline removal process. 10 b) The fuel oil submarine pipeline would be removed in its entirety across the 11 beach. As the pipeline is excavated and exposed, it would be cut into sections 12 and trucked off-site, along with any associated debris, for disposal. 13 c) All excavations would be backfilled with native sand and the groin would be 14 restored to pre-project contours. 15 Surf Zone Segment 16 The surf zone segment begins at the approximate mean low water line and extends 17 approximately 750 feet offshore to the -15 foot bathymetric contour. Facilities located 18 within the surf zone segment include a section of the fuel oil submarine pipeline and 19 riprap groin. Excavation and removal of the submarine pipeline in the surf zone would 20 involve both land-and offshore-based crews and equipment. Land-based work would 21 be limited to extreme low tide conditions when working in the surf zone, and offshore- 22 based work would be limited by the shallowest depth (-15 foot bathymetric contour) at 23 which a barge or other floating support equipment can safely operate near the surf 24 zone. Work in the surf zone segment would be accomplished as follows. 25 • The riprap groin would be temporarily moved to expose the underlying fuel oil 26 submarine pipeline and stored on the beach during the pipeline removal process. 27 • The fuel oil submarine pipeline would be removed in its entirety. The pipeline 28 would be excavated and exposed from beneath the beach sand and riprap groin 29 and either removed using conventional, low-impact methods (Option 1) or 30 dynamic pipe ramming (Option 2). Both options are described in further detail in 31 Section 2.5.3.1. If either option is successful, this section of pipeline would be 32 pulled offshore and raised to the surface, cut into truckable sections to be 33 transported by barge to shore, and trucked to off-site disposal or recycling 34 facilities. If both options fail, the remaining segment would be abandoned in place 35 and the ends of the remaining pipeline would be opened to fill with sand. 36 • All required excavation would be backfilled with native sand and the groin would 37 be restored to pre-project contours. October 2015 ES-7 Encina MOT Decommissioning Project MND Executive Summary 1 Offshore Segment 2 The offshore segment begins at the backside of the surf zone (approximately -15 foot 3 bathymetric contour) and terminates approximately 2,525 feet offshore in approximately 4 60 feet of water. This segment includes the fuel oil submarine pipeline, remaining 5 mooring and navigation components, and all seafloor debris associated with the tanker 6 berth. Decommissioning work would be performed by offshore crews and equipment. 7 Work in the offshore segment would be accomplished as follows. 8 • The fuel oil submarine pipeline would be removed in its entirety. The pipeline 9 would be raised onto the deck of the derrick barge and cut it into sections (Option 10 1 ), or cut on the seafloor by divers and recovered (Option 2). Both options are 11 described in further detail in Section 2.5.4.2. In either case, this section of the 12 pipeline would be cut into truckable sections and transported by barge to shore to 13 be offloaded and trucked to off-site disposal or recycling facilities. 14 • The two 14,000-pound Danforth pipeline end anchors and mooring chains would 15 be recovered, transported off-site, and recycled at appropriate facilities. 16 • All remaining components of the tanker berth's seven-point mooring system, 17 single-point mooring, and pipeline marker and navigation buoys would be 18 completely removed, transported off-site, and recycled at appropriate facilities. 19 • All seafloor debris associated with the tanker berth and decommissioning 20 operations would be recovered and transported off-site for recycling or disposal. 21 Potential debris targets would be identified in the pre-decommissioning seafloor 22 debris survey and inspected by divers to determine their identity. 23 EXISTING CONDITIONS 24 The MOT is partially abandoned and was placed in "caretaker'' status after 25 decommissioning/abandonment activities occurred in 2010. The 2010 decommissioning 26 activities and existing conditions are described below. 27 • The fuel oil submarine pipeline was pigged and flushed three times with potable 28 water to bring the hydrocarbon content of the water below non-detect limits. This 29 pipeline was then charged with a mixture of potable water and Nalco EC61 06A 30 corrosion inhibiter to prevent internal corrosion of the pipeline. The pipeline has 31 since been under vacuum. 32 • The fuel oil cargo hose, hose buoy, and steel pipe reducer were removed when 33 the fuel oil submarine pipeline was pigged and flushed. 34 • Two 14,000-pound Danforth pipeline end anchors are located on either side of 35 the fuel oil submarine pipeline to anchor it in position and no decommissioning 36 work has been performed. Encina MOT Decommissioning Project MND ES-8 October 2015 Executive Summary 1 • Prior to 2010, the fuel oil submarine pipeline end marker buoy was lost. The 2 anchoring cable remains on the seafloor next to the end of the pipeline. 3 • The beach valve was removed from the onshore end of the fuel oil submarine 4 pipeline inside the beach valve pit, and the pipeline was blind flanged on both 5 ends and fitted with a flushing port. The bypass piping, which attaches the fuel oil 6 submarine pipeline to the fill line, remains intact and has also been blank flanged. 7 • The beach valve pit, underpass conduit, and underpass end structure remain 8 intact and in good condition and no decommissioning work has been performed. 9 • The riprap groin remains intact; no decommissioning work has been performed. 1 0 • The mooring buoys of the seven-point and single-point mooring systems were 11 removed, but the chains and anchors remain on the seafloor. 12 • The navigation buoy was removed, but its mooring chain and concrete clump 13 remain on the seafloor. 14 ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION MEASURES 15 The environmental factors checked below in Table ES-1 would be potentially affected 16 by this Project; a checked box indicates that at least one impact would be a "Potentially 17 Significant Impact" except that the Applicant has agreed to Project revisions, including 18 the implementation of mitigation measures (MMs), that reduce the impact to "Less than 19 Significant with Mitigation," as detailed in Section 3 of this MND. Table ES-2 lists 20 proposed MMs designed to reduce or avoid potentially significant impacts. With 21 implementation of the proposed MMs, all Project-related impacts would be reduced to 22 less than significant. Table ES-1. Environmental Issues and Potentially Significant Impacts [gl Aesthetics i D Agriculture and Forest j D Air Quality I Resources [gl Biological Resources I [gl Cultural and Paleontological i D Geology and Soils (Terrestrial and Marine) I Resources ! 0 Greenhouse Gas Emissions i [gl Hazards and Hazardous j 1Zl Hydrology and Water i Materials i Quality ! 0 Land Use and Planning D Mineral Resources [gl Noise D Population and Housing D Public Services D Recreation [gl Transportation/Traffic D Utilities and Service Systems [gl Mandatory Findings of Significance 0 Other Major Areas of Concern: Commercial Fishing and Environmental Justice October 2015 ES-9 Encina MOT Decommissioning Project MND 1 1.0 PROJECT AND AGENCY INFORMATION 2 1.1 PROJECT TITLE 3 Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning Project (Project) 4 1.2 LEAD AGENCY AND PROJECT SPONSOR 5 California State Lands Commission (CSLC) 6 100 Howe Avenue, Suite 100-South 7 Sacramento, CA 95825 8 Contact person: 9 Kelly Keen, Environmental Scientist 10 Division of Environmental Planning and Management 11 Kelly.Keen@slc.ca.gov 12 (916) 574-1938 Applicant: 13 Cabrillo Power I LLC 14 4600 Carlsbad Boulevard 15 Carlsbad, CA 92008 16 Contact person: 17 Jerry Carter, Plant Manager 18 NRG Cabrillo Power Operations 19 Jerry. Carter@nrgenergy.com 20 (760) 268-4011 21 1.3 PROJECT LOCATION 22 The proposed Project is located in and offshore of the City of Carlsbad, San Diego 23 County. The Project would authorize Cabrillo Power I LLC (Applicant) to decommission 24 the non-operational Encina Marine Oil Terminal (MOT), a component of the Encina 25 Power Station (EPS), in accordance with the terms and conditions of the Applicant's 26 existing CSLC Lease PRC 791.1. The tidelands and submerged lands under lease from 27 the CSLC lie immediately west and offshore of Carlsbad State Beach south of Agua 28 Hedionda (Figure 1-1 }, and encompass a mooring area and a pipeline corridor (Figure 29 1-2; see also Figure A1-1 in Appendix A and Figure ES-3). The offshore lease lands are 30 located within the area represented on the San Luis Rey, California, U.S. Geological 31 Survey 7.5-minute quadrangle map, Township 12 South, Range 4 West, San 32 Bernardino baseline and meridian. The EPS, which was built in 1953, is located at 4600 33 Carlsbad Boulevard and is fronted by Carlsbad Boulevard and Carlsbad State Beach 34 (Figure 1-3). October 2015 1-1 Encina MOT Decommissioning Project MND Project and Agency lnfonnation 1 The EPS houses the onshore termination of an approximately 3,855-foot-long fuel oil 2 submarine pipeline1 and a beach valve pit. From the EPS, this pipeline crosses under 3 Carlsbad Boulevard through an underpass conduit and underpass end structure and 4 below Carlsbad State Beach and a riprap groin to its offshore termination in 5 approximately 60 feet of water. 6 1.4 ORGANIZATION OF MITIGATED NEGATIVE DECLARATION 7 This Mitigated Negative Declaration (MND) is intended to provide the CSLC, as lead 8 agency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, 9 § 21000 et seq.), and other responsible agencies with the information required to 1 0 exercise their discretionary responsibilities with respect to the proposed Project. The 11 document is organized as follows. 12 • Section 1 provides the Project background, Agency and Applicant information, 13 Project Objectives and anticipated agency approvals, and a summary of the 14 public review and comment process. 15 • Section 2 describes the proposed Project including its location, layout, 16 equipment, and facilities. Section 2 also provides an overview of the Project's 17 operations and schedule. 18 • Section 3 provides the Initial Study (IS), including the environmental setting, 19 identification and analysis of potential impacts, and discussion of various Project 20 changes and other measures that, if incorporated into the Project, would mitigate 21 or avoid those impacts, such that no significant effect on the environment would 22 occur. The IS was conducted by the CSLC pursuant to section 15063 of the 23 State CEQA Guidelines.2 24 • Section 4 includes an environmental justice analysis and discussion consistent 25 with CSLC Policy. 26 • Section 5 presents the Mitigation Monitoring Program (MMP). 27 • Section 6 presents information on report preparation and references. 28 • Appendices. The appendices include specifications, technical data, and other 29 information supporting the analysis presented in this MND. 30 o Appendix A: Project Description Support Exhibits 31 o Appendix B: Nalco EC61 06A Material Safety Data Sheet 1 The fuel oil submarine pipeline is the only subsea pipeline at the EPS that will be decommissioned as part of this Project. The subsea intake and discharge pipelines for the EPS and adjacent Poseidon desalination plant are not part of this Project. 2 The State "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000. October 2015 1-5 Encina MOT Decommissioning Project MND Project and Agency Information 1 o Appendix C: Drawing AA 62302-B Underpass at Coordinate 7+00 and State 2 Highway 3 o Appendix D: Letter Report Regarding Pre-Demolition Asbestos and Lead 4 Paint Survey Encina Power Station Marine Terminal, Carlsbad, California. 5 Prepared by Royal Environmental Services Inc. 6 o Appendix E: Marine Safety and Anchoring Plan 7 o Appendix F: Marine Wildlife Contingency Plan 8 o Appendix G: Oil Spill Response Plan 9 o Appendix H: Air Quality and Greenhouse Gases Spreadsheets 10 o Appendix 1: Encina Power Station Marine Biological Resources Survey to 11 Support the Project to Abandon or Remove the Marine Oil Terminal Facilities, 12 Prepared by Merkel & Associates 13 o Appendix J: Underwater Noise Impacts of Encina Power Station's Marine Oil 14 Terminal Decommissioning, Carlsbad, California 2015. Prepared by 15 Greeneridge Sciences, Inc. (Report 518-1) 16 o Appendix K: Cultural Resources Support Material 17 o Appendix L: Technical Memorandum: Shoreline Evolution Analysis of 18 Impacts Related to Removal of the South Beach Groin at Encina Power 19 Station, Carlsbad, CA. Prepared by Scott A. Jenkins, PhD (February 2013) 20 o Appendix M: Noise Support Information 21 1.5 PROJECT BACKGROUND AND OBJECTIVES 22 Use of State tidelands for the Encina MOT mooring facilities and fuel oil submarine 23 pipeline is authorized under CSLC Lease PRC 791 .1 . This site was originally leased to 24 San Diego Gas and Electric (SDG&E) in 1953 for 49 years. In that same year, the EPS 25 and offshore MOT were built. The EPS was originally constructed as an oil burning, 26 steam generating, electric power generation plant, with the MOT designed to transfer 27 bunker fuel oil between ocean vessels and shore-side storage facilities; however, in the 28 1980s, the power plant was converted to use natural gas as a fuel source, while the 29 MOT was retained to provide an alternative fuel source as required by the California 30 Independent System Operator. This requirement is no longer in place (effective January 31 1, 2009), and the need to maintain the MOT has ceased. 32 In 1999, Cabrillo Power I LLC acquired the EPS and MOT from SDG&E. The original 33 lease expired on March 23, 2002, but was continued in holdover status while an 34 Environmental Impact Report for a companion project was being prepared for the 35 extension of two rock groins protecting the entrance to Agua Hedionda Lagoon. That 36 project was ultimately abandoned, thus requiring the negotiation of a replacement lease 37 for the MOT to allow time to prepare a formal plan for removal or abandonment as an 38 independent project. Encina MOT Decommissioning Project MND 1-6 October 2015 Project and Agency Information 1 During the holdover period, the offshore MOT was placed into "caretaker" status after 2 decommissioning/abandonment activities occurred in 2010. On February 8, 2011, the 3 CSLC retroactively approved a 1 0-year lease that expired on March 23, 2012. Formal 4 abandonment planning lead to the issuance of a 3-year General Lease-Industrial Use to 5 Cabrillo Power I LLC beginning March 24, 2012, for the continued maintenance of 6 portions of the partially abandoned MOT. The current lease expired on March 23, 2015; 7 however, an application to extend the lease another 5 years is pending CSLC approval. 8 The 2010 decommissioning activities and existing conditions are described below. 9 • The fuel oil submarine pipeline was pigged and flushed three times with potable 10 water to bring the hydrocarbon content of the water below non-detect limits. This 11 pipeline was then charged with a mixture of potable water and Nalco EC61 06A 12 corrosion inhibiter to prevent internal corrosion of the pipeline. The pipeline has 13 since been under vacuum. 14 • The fuel oil cargo hose, hose buoy, and steel pipe reducer were removed when 15 the fuel oil submarine pipeline was pigged and flushed. 16 • Two 14,000-pound Danforth pipeline end anchors, which were not 17 decommissioned in 2010, are located on either side of the fuel oil submarine 18 pipeline to anchor it in position. 19 • Prior to 2010, the fuel oil submarine pipeline end marker buoy broke loose and 20 was lost. The buoy anchoring cable remains on the seafloor next to the end of 21 the fuel oil submarine pipeline. 22 • The beach valve was removed from the onshore termination of the fuel oil 23 submarine pipeline inside the beach valve pit. This pipeline was blind flanged on 24 both ends and fitted with a flushing port. The bypass piping, which attaches the 25 fuel oil submarine pipeline to the fill line, remains intact and has also been blank 26 flanged. 27 • The beach valve pit, underpass conduit, underpass end structure, and riprap 28 groin remain intact (no decommissioning work was performed). 29 • The mooring buoys of the seven-point and single-point mooring systems were 30 removed, but the chains and anchors remain on the seafloor. 31 • The navigation buoy was removed, but its mooring chain and concrete clump 32 remain on the seafloor. 33 The Project objective is to decommission the MOT components in a manner that 34 satisfies the terms of CSLC Lease PRC 791.1 and other public agencies with 35 jurisdictional authority over Project elements. It is also the goal of the Applicant to 36 quitclaim the onshore underpass structure to the City of Carlsbad. October 2015 1-7 Encina MOT Decommissioning Project MND Project and Agency Information 1 1.6 PUBLIC REVIEWAND.COMMENT 2 In accordance with State CEQA Guidelines sections 15072 and 15073, the CSLC is 3 releasing this MND for a minimum 30-day public review period to provide local and 4 State agencies and the public the opportunity to review and comment on the document. 5 In accordance with State CEQA Guidelines section 15074, subdivision (b), the CSLC 6 will review and consider the MND, together with any comments received during the 7 public review process and any modifications made in response to comments, prior to 8 taking action on the MND and Project. 9 1.7 APPROVALS AND REGULATORY REQUIREMENTS 10 The CSLC's authority is set forth in Division 6 of the California Public Resources Code 11 and it is regulated by the California Code of Regulations, Title 2, sections 1900-2970. 12 The CSLC has authority to issue leases or permits for the use of sovereign lands held in 13 the public trust, including all ungranted tidelands, submerged lands, and the beds of 14 navigable lakes and waterways, as well as certain residual and review authority for 15 tidelands and submerged lands legislatively granted in trust to local jurisdictions (Pub. 16 Resources Code, §§ 6301, 6306). All tidelands and submerged lands, granted or 17 ungranted, as well as navigable lakes and waterways, are subject to the protections of 18 the Common Law Public Trust. As general background, the State of California acquired 19 sovereign ownership of all tidelands and submerged lands and beds of navigable lakes 20 and waterways upon its admission to the United States in 1850. The State holds these 21 lands for the benefit of all people of the State for statewide Public Trust purposes, which 22 include but are not limited to waterborne commerce, navigation, fisheries, water-related 23 recreation, habitat preservation and open space. On tidal waterways, the State's 24 sovereign fee ownership extends landward to the mean high tide line, except for areas 25 of fill or artificial accretion. For the proposed Project, the CSLC has received an 26 application for decommissioning of the Encina MOT in accordance with the 27 requirements of Lease PRC 791.1 and termination of the lease. 28 The CSLC must comply with CEQA when it undertakes an activity defined by CEQA as 29 a "project" that must receive some discretionary approval (i.e., the CSLC has the 30 authority to deny the requested lease, permit, or other approval) which may cause either 31 a direct physical change in the environment or a reasonably foreseeable indirect change 32 in the environment. CEQA requires the CSLC to identify the significant environmental 33 impacts of its actions and to avoid or mitigate those impacts, if feasible. 34 In addition to the CSLC, the Project is subject to the review and approval of other 35 Federal, State and local entities with statutory and/or regulatory jurisdiction over various 36 aspects of the Project (see Table 1-1 ). Encina MOT Decommissioning Project MND 1-8 October 2015 Project and Agency Information Table 1-1. Agencies with Review/Approval over Project Activities :..· :.''''· ·····s<·· . , .. · · ····" ··~~···· b~d.·· iA 'rova.ls/Re ulato/$$116 '/ xdb . , . ·,~,~;~1~~~fmlttiri9 ~~en~y';··.~:~ · [ · ·: l "T' · .~•· :aelu'lretff'e'ntit 9 r:~· j'~~1t · i P£~~~~~~~~~~~~~----=-~~~~ Demolition Permit Local State City of Carlsbad County of San Diego Department of Environmental Health (SDDEH) -Voluntary Assistance Program San Diego County Air Pollution Control District (.1\PCD) California State Lands Commission (CSLC) California Coastal Commission (CCC) California Department of Fish and Wildlife (CDFW) California Department of Parks and Recreation (State Parks) Native American Heritage Commission (NAHC) Grading Permit Roadway Encroachment Permit Development Permit (if necessary) Haul Route Permit (if necessary) Stormwater Pollution Prevention Plan (SWPPP) Permit Quitclaim of underpass structure on Carlsbad Boulevard California Health and Safety Code sections 101480-101490 authorize the SDDEH to enter into voluntary agreements for the oversight of remedial action at sites contaminated by wastes Rules compliance Lease Offshore Geophysical Survey Permit Coastal Development Permit California Fish and Game Code California Endangered Species Act Public Resources Code sections 5001-5019.5 Right-of-Entry Permit Tribal Consultation (see Appendix K) San Diego Regional Water Quality Control CWA Section 401 Water Quality Certification Board (San Diego RWQCB) u.s. Army Corps of Engineers (USAGE) Clean Water Act Section 404 (under Nationwide Permit No. 12) Federal -~~1{!n~n&~~n'ff~1~~~~~5ry~~e~i~~{~s~sY ········ ~~~~~~;r~do~~~~~!i~~~tn~:~:!~~=~Y) U.S. Coast Guard (USCG) Title 33 Code of Federal Regulations - Navigation and Navigable Waters Navigation consultation Notice to Mariners 1 Because Project components are proposed in the coastal zone within the jurisdiction of 2 the California Coastal Commission, Table 1-2 identifies coastal-related Federal and 3 State laws and programs that are relevant to the Project; specific policies are listed in 4 Section 3, Environmental Analysis and Checklist, of this MND for each environmental 5 issue area. October 2015 1-9 Encina MOT Decommissioning Project MND 1 2.0 PROJECT DESCRIPTION 2 2.1 NEED FOR PROJECT 3 The proposed Cabrillo Power I LLC Encina Marine Oil Terminal Decommissioning 4 Project (Project) is needed to decommission the Marine Oil Terminal (MOT) 5 components in a manner that satisfies the terms of California State Lands Commission 6 (CSLC) Lease PRC 791.1 and other public agencies with jurisdictional authority over 7 Project elements. An additional goal of Cabrillo Power I LLC (Applicant) is to quitclaim 8 the associated onshore underpass structure to the City of Carlsbad. 9 2.2 PROJECT LOCATION 10 The proposed Project is located in and offshore of the City of Carlsbad, San Diego 11 County. The property under lease from the CSLC includes parcels of tidelands and 12 submerged lands lying immediately west and offshore of Carlsbad State Beach south of 13 Agua Hedionda. The leased land encompasses a mooring area and a pipeline corridor. 14 (See Section 1.3, Project Location, and Figure A1-1 in Appendix A.) 15 2.3 ENCINA MOT COMPONENTS AND THEIR EXISTING DISPOSITION 16 2.3.1 Fuel Oil Submarine Pipeline 17 The fuel oil submarine pipeline extends approximately 3,855 feet3 from an onshore 18 beach valve pit at the Encina Power Station (EPS), underneath Carlsbad Boulevard and 19 Carlsbad State Beach, to its termination in approximately 60 feet water depth. It is 20 comprised of a 20-inch-diameter by 0.5-inch wall welded steel pipe with a 2-inch 21 external somastic and cement weight coating, and it terminates in a 300-pound, 20- 22 inch-diameter flange. The pipeline is anchored on the seafloor with two 14,000-pound 23 Danforth anchors that lie on either side of the line and are connected to the pipeline's 24 steel collar with 90-foot-long anchor chains (see Figure A2-1 in Appendix A). A plastic 25 spar buoy, which served as the pipeline end marker buoy, was anchored to the seafloor 26 with a steel cable attached to a small concrete clump. 27 In 2010, during initial EPS MOT decommissioning activities, a steel pipe reducer and a 28 fuel oil cargo hose that were located at the offshore end of the fuel oil submarine 29 pipeline were removed. The anchoring cable for the end marker buoy, which had broken 30 loose and was lost prior to 2010, was found on the seafloor near the end of pipeline. 31 The pipeline was pigged and flushed three times with potable water from its offshore 3 An approximately 500-foot extension was added to the offshore end of the pipeline in about 1973, and a steel collar was later placed around the pipeline near its offshore termination (due to a change in MOT ownership, some facility records are unavailable, and dates of certain activities are inferred from available documents). October 2015 2-1 Encina MOT Decommissioning Project MND Project Description 1 termination to its onshore termination to bring the hydrocarbon level below 15 parts per 2 million (ppm) (see Section 2.4.2. 7). The flush water was sampled during each of the 3 three pigging events and tested for hydrocarbon content; the final sample was tested 4 and found to be at non-detect levels. The fuel oil submarine pipeline was then filled with 5 1 ,450 barrels (approximately 60,900 gallons) of potable water and 385 gallons of Nalco 6 EC61 06A corrosion inhibitor (for a total of approximately 61 ,285 gallons) containing a 7 biocide ingredient approved by the CSLC (see Appendix B, Nalco EC61 06A Material 8 Safety Data Sheet). The pipeline was capped with a blind flange with a fitted flushing 9 port and has since been under vacuum with no signs of leakage. 10 2.3.2 Beach Valve Pit 11 The beach valve pit is located inside the EPS facility alongside Carlsbad Boulevard. 12 This reinforced concrete structure consists of a rectangular vault, a buried rectangular 13 horizontal shaft, and miscellaneous pipes and electrical appurtenances (see Figure 14 2-1 ). The outside measurements of the rectangular vault are approximately 14 feet long, 15 12 feet wide, and 15 feet deep, including a sump. The beach valve pit is secured with a 16 hand railing around the rim of the pit and is accessible via a welded steel ladder 17 attached to the pit wall. Additionally, an awning is elevated over the beach valve pit. The 18 rectangular horizontal shaft is a homogeneous part of the vault that extends in a 19 west/southwest direction underneath the sidewalk and terminates underneath Carlsbad 20 Boulevard where it connects to a reinforced concrete pipe underpass. The horizontal 21 shaft portion of the beach valve pit is approximately 17 feet long from the westerly wall 22 of the vault and is approximately 10 feet high by 10 feet wide (outside dimensions). 23 The beach valve pit houses the onshore termination of the fuel oil submarine pipeline, 24 which was connected to (and could be isolated from) the fill line (to the tank farm) via a 25 beach valve, but now terminates in a flanged connection (90-degree elbow) with a 26 2-inch-diameter sampling port fitted into the blind flange (see bottom photograph in 27 Figure 2-1). 28 A 6-inch-diameter bypass pipe taps into the side of the fuel oil submarine pipeline 29 termination and connects to the side of the fuel oil fill line to the tank farm. The fill line is 30 comprised of 20-inch-diameter by 0.31-inch-thick wall, ASTM A-155 Grade B carbon 31 steel pipe, with an external corrosion coating. The fill line extends approximately 32 18 inches through the east wall of the beach valve pit and continues approximately 33 380 feet underground to a second valve pit where it passes through a valve and 34 continues beyond that point to the tank farm. The distance from the fill line's point of 35 origin in the beach valve pit to the end of the tank farm is approximately 1 ,650 feet. The 36 beach valve pit remains intact and in good condition, and no decommissioning work has 37 been performed on this structure. Encina MOT Decommissioning Project MND 2-2 October 2015 Project Description 1 2.3.3 Underpass Conduit 2 The underpass conduit is a reinforced concrete pipe that contains the fuel oil submarine 3 pipeline. Buried approximately 2 to 3 feet underneath Carlsbad Boulevard (see 4 Appendix C), the 8-foot-diameter underpass conduit measures approximately 73 feet in 5 length, socket to socket, and is supported on the east and west end with concrete 6 footings. The shoreward termination of the underpass conduit begins at its socketed 7 connection to the horizontal shaft of the beach valve pit located underneath the east 8 side of Carlsbad Boulevard. The underpass conduit extends underneath Carlsbad 9 Boulevard and ties into the horizontal shaft of the underpass end structure (see Section 10 2.3.4, below) buried underneath the beach adjacent to the west of Carlsbad Boulevard. 11 At the westerly (seaward) end of the underpass conduit, where it connects to the 12 horizontal shaft of the underpass end structure, reinforced concrete retaining wing walls 13 were constructed. The wing walls extend approximately 10 feet in length at 14 approximately 30-degree angles off the underpass centerline to the northwest and 15 southwest of the underpass end structure. The wing walls were originally constructed to 16 be approximately 5 feet above the top of the underpass conduit; however, the wing 17 walls were cut and lowered to accommodate the widening of Carlsbad Boulevard and 18 the existing sidewalk (see Figure A 1-2 in Appendix A). As a result, the wing walls are 19 not visible and their present status cannot be confirmed at this time. 20 Inside the underpass conduit, the fuel oil submarine pipeline is bedded on a layer of 21 sand (approximately 1 foot in depth) placed on the inside floor of the underpass conduit. 22 According to a hazardous materials survey performed by Royal Environmental Services, 23 Inc. and reported on February 12, 2013 (see Appendix D), the sand inside the 24 underpass near the beach valve pit was tested and found to contain total hydrocarbons 25 at levels ranging from 1 ,300 milligrams/kilogram (mg/kg) to 35,000 mg/kg. 26 The underpass conduit remains intact and in good condition, and no decommissioning 27 work has been performed on this structure. 28 2.3.4 Underpass End Structure 29 The underpass end structure consists of a reinforced concrete vertical vault and 30 horizontal shaft that connects to the west end of the underpass conduit (see Figure 2-2 31 and Appendix C). The fuel oil submarine pipeline exits the underpass conduit and end 32 structure through a port and is currently buried underneath the beach. 33 The horizontal shaft and vertical vault of the underpass end structure are 34 homogeneous. The horizontal shaft is approximately 10 square feet and 10 feet deep 35 (outside dimensions), and is connected to the underpass conduit via a formed socket 36 filled with hot-poured para-plastic. Encina MOT Decommissioning Project MND 2-4 October 2015 Project Description 1 single horizontal cylindrical painted steel mooring buoy (West Coast can type). The 2 mooring buoy for this single-point mooring was removed during the EPS MOT 2010 3 decommissioning, but the chain and anchor remain on the seafloor. 4 2.3.8 Navigation Buoy 5 A lighted navigation buoy fitted with a bell was used to mark the offshore entrance of the 6 MOT. Located approximately 1 ,800 feet offshore of the fuel oil submarine pipeline 7 termination, in approximately 11 0 feet of water, the buoy was anchored to the seafloor 8 by a 1.5-to 2. 75-inch-diameter anchor chain attached to a 64-cubic-foot concrete clump 9 on the seafloor. The navigation buoy was removed during the EPS MOT 2010 10 decommissioning, but the anchor chain and concrete clump remain on the seafloor. 11 2.4 PROJECT OVERVIEW 12 2.4.1 Project Elements 13 The Project described herein is comprised of the following decommissioning elements: 14 1. Removal of the entire fuel oil submarine pipeline including the two 14,000-pound 15 Danforth pipeline end anchors and any remaining components of the pipeline 16 termination marker buoy; 17 2. Decommissioning of the beach valve pit and all associated electrical and piping 18 components; 19 3. Decommissioning of the underpass conduit; 20 4. Decommissioning of the underpass end structure; 21 5. Temporary removal of the riprap groin and restoration of the groin after the 22 underlying fuel oil submarine pipeline has been removed; 23 6. Restoration of the beach; 24 7. Removal of the remaining seven-point mooring system (chains and anchors); 25 8. Removal of the remaining single-point mooring (chain and anchor); 26 9. Removal of the remaining navigation buoy (chain and clump); 27 10. Removal of all seafloor debris associated with the MOT operations; and 28 11. Quitclaim of the remaining portions of the underpass to the City of Carlsbad. 29 2.4.2 Pre-and Post-Decommissioning Deliverables and Activities 30 Certain activities and deliverables would be performed or provided prior to or after the 31 completion of decommissioning operations. These activities and deliverables are listed 32 and described below. October 2015 2-7 Encina MOT Decommissioning Project MND Project Description 1 2.4.2.1 Marine Safety and Anchoring Plan 2 A preliminary Marine Safety and Anchoring Plan (MSAP) was prepared for the Project 3 (see Appendix E). The MSAP would be updated prior to Project commencement to 4 reflect the most current ocean floor conditions in the Project area based upon a pre- 5 decommissioning seafloor survey. The purpose of the MSAP is to provide a precise set 6 of procedures and protocols that would be used by the decommissioning contractor 7 when executing the marine decommissioning work. The primary concerns addressed by 8 the MSAP are personal, environmental, and vessel safety. 9 2.4.2.2 Marine Wildlife Contingency Plan 10 A Marine Wildlife Contingency Plan (MWCP) was prepared for the Project and is 11 provided in Appendix F. The purpose of the MWCP is to provide measures that would 12 be incorporated into the Project that are designed to reduce or eliminate impacts of the 13 proposed decommissioning activities on marine wildlife. 14 2.4.2.3 Oil Spill Response Plan 15 An Oil Spill Response Plan (OSRP) was prepared for the Project and is provided in 16 Appendix G. The purpose of the OSRP is to present an overview of the measures 17 incorporated into the Project design to minimize the potential for a hydrocarbon release 18 and to outline the procedures and protocols that would be used in the event of an 19 onshore or offshore oil spill resulting from Project activities. 20 2.4.2.4 Contractor Work Plan 21 A technical consultant and marine contractor would develop and submit a Contractor 22 Work Plan (CWP) a minimum of 60 days prior to the start of decommissioning for review 23 by the CSLC staff and other appropriate permitting agencies. The CWP would include 24 engineered decommissioning plans and specifications provided by a licensed 25 professional engineer and fully detail the contractor's planned scope of work, 26 methodologies, manpower, equipment, and schedule. Additionally, the CWP would 27 incorporate all permit conditions and include critical operations and curtailment plans, a 28 spill response and cleanup plan, a site safety plan, a dive safety plan, an emergency 29 response plan, noise management plans, best management practices, and other 30 essential plans and information pertinent to decommissioning operations. 31 2.4.2.5 Mitigation Compliance Plan 32 An environmental consultant would develop and submit an environmental Mitigation 33 Compliance Plan (MCP) at least 60 days prior to the start of decommissioning 34 operations. The MCP would be used by environmental monitors to assure that all 35 Project operations comply with all permit conditions and reporting requirements. Encina MOT Decommissioning Project MND 2-8 October 2015 Project Description 1 2.4.2.6 Pre-and Post-Decommissioning Seafloor Debris Surveys 2 The offshore decommissioning work would begin and end with a seafloor debris survey. 3 The survey would be completed by a marine surveyor, technicians, and an 4 environmental monitor aboard a commercial survey boat (approximately 35 feet in 5 length) with a side-scan sonar system (400% coverage) and fathometer (alternatively a 6 3D multi-beam sonar system}, and a commercial grade differential global positioning 7 system with sub-meter accuracy.4 The survey would encompass the entire underwater 8 worksite bordered by the contractor's planned derrick barge anchorages, which would 9 be positioned to avoid rock outcroppings and kelp beds plus an offset of approximately 10 500 feet. The surveyor would produce a map to serve as the baseline for seafloor 11 conditions at the underwater worksite prior to the start of decommissioning operations. 12 After decommissioning is complete, a seafloor debris survey of the underwater worksite 13 would be repeated with the same equipment to identify any debris introduced during 14 Project operations. If debris is found at the worksite, all items would be removed by the 15 contractor, transported off-site, and recycled at appropriate permitted facilities. The pre- 16 and post-decommissioning survey map would be provided to CSLC staff and other 17 permitting agencies for approval and sign-off of Project completion. 18 2.4.2.7 Pre-Decommissioning Fuel Oil Submarine Pipeline Flush 19 During the 2010 EPS MOT decommissioning, the fuel oil submarine pipeline was 20 pigged, flushed to lower hydrocarbon levels to non-detect levels, and placed in storage 21 with a mixture of potable water and Nalco EC6106A totaling approximately 61,285 22 gallons. As a precautionary measure, prior to the start of decommissioning work, the 23 pipeline contents would be re-sampled for hydrocarbon content. If hydrocarbon levels of 24 15 ppm or higher are found in the pipeline, it would be pigged and flushed to bring the 25 hydrocarbon level to a non-detect level. The Nalco EC61 06A preservative currently in 26 the pipeline contains a biocide ingredient (see Appendix B, Nalco EC61 06A Material 27 Safety Data Sheet), so the storage water would be displaced from the pipeline with a 28 seawater flush prior to opening the pipeline to the ocean for decommissioning. The 29 pipeline would be flushed from its offshore termination to its onshore termination at the 30 beach valve pit, where the potable water and preservative mixture would be recovered 31 and transported off-site for treatment and disposal. 32 The flushed water used to clean the interior of the fuel oil submarine pipeline would be 33 chemically analyzed for the presence of volatile organic compounds (VOCs) using U.S. 34 Environmental Protection Agency (USEPA) Method 8260 (gas chromatography mass 35 spectrometry) or for isopropanol by USEPA Method 8015M (flame ionization detection- 4 Because the surveys would require the use of geophysical equipment that generates noise during data acquisition, the survey must be conducted by an operator that possesses an Offshore Geophysical Survey Permit through the CSLC's Low-Energy Offshore Geophysical Permit Program. October 2015 2-9 Encina MOT Decommissioning Project MND Project Description 1 direct injection), and for the presence of semi-volatile organic compounds (SVOCs) 2 using USEPA Method 8270. Acceptable residual concentrations of VOCs, isopropanol, 3 and SVOCs would be determined in coordination with the Regional Water Quality 4 Control Board and would be in compliance with California Ocean Plan discharge 5 requirements (State Water Resources Control Board [SWCRB] 2012). Alternatively, the 6 pipeline contents may be displaced from the offshore termination to the onshore 7 termination with air or nitrogen to lighten the fuel oil submarine pipeline for recovery 8 using a reverse pipe lay removal method (discussed in Section 2.5.4, Offshore 9 Decommissioning Activities). Depending on the method selected to remove the offshore 10 segment of the pipeline, the offshore termination may be left open to the ocean after 11 flushing to permit the water level inside the pipeline to fall to sea level. 12 2.4.2.8 Final Report and As-Built Drawings 13 A Project report would be prepared for submission to CSLC staff within 30 days of 14 Project completion. This report would include: (1) an overview of the Project; (2) the 15 final disposition of all facility components, a discussion of any major events that 16 occurred during decommissioning, and lessons learned; (3) a scaled map showing the 17 location and coordinates of any facilities abandoned-in-place and a description of those 18 facilities; and (4) MCP documentation. 19 2.5 MOT DECOMMISSIONING PLANS AND PROCEDURES 20 This section provides the general plans and procedures that may be employed during 21 MOT decommissioning; final plans and procedures would be provided in the CWP. For 22 decommissioning planning purposes, the Project components and facilities have been 23 divided into four discrete work segments (onshore, beach, surf zone, and offshore) 24 based on the environment in which they are located, methods and equipment required 25 to perform the decommissioning work, and seasonal work constraints. Although the 26 MOT facilities and decommissioning activities are presented from east to west (onshore 27 to offshore), the scheduled progression of these activities does not follow this order. The 28 Project schedule is discussed in Section 2.6, Preliminary Decommissioning Schedule. 29 2.5.1 Onshore Decommissioning Activities 30 The onshore segment begins at the beach valve pit inside the EPS and extends 31 approximately 110 feet to the underpass end structure adjacent to Carlsbad Boulevard 32 on the eastern edge of the beach (see Figure 2-3). Facilities located within the onshore 33 segment include a section of the fuel oil submarine pipeline and fill line, the beach valve 34 pit, the underpass conduit, underpass end structure, and all piping, electrical 35 components, and appurtenances located inside or attached to the outside of these 36 structures. The decommissioning work for the onshore segment would be performed by 37 land-based crews and equipment and accomplished as described below. Encina MOT Decommissioning Project MND 2-10 October 2015 Project Description 1 2.5.1.1 Fuel Oil Submarine Pipeline 2 This section of the fuel oil submarine pipeline is approximately 110 feet long and weighs 3 approximately 13.4 tons (dry weight). The entire pipeline would be removed from inside 4 the beach valve pit, the underpass conduit, and the underpass end structure. This 5 section of the pipeline would be extracted from the underpass conduit and end structure 6 through the beach valve pit and into the EPS facility (see Figure A2-3 in Appendix A). 7 The recovered pipeline would be disposed or recycled off-site. 8 Prior to removal, this section of pipeline would be flushed with seawater or purged with 9 air or nitrogen to free any water inside the pipeline. To remove this segment, pipeline 10 would be cut into sections using flame (oxy-acetylene) or saw cutting methods. If the 11 flame cutting method is used, the somastic and cement weight coating on the pipeline 12 would need to be removed at each cut point, and because the somastic coating 13 contains small amounts of asbestos, an asbestos safety plan and asbestos trained 14 crews would be required to remove, contain, and dispose of the somastic waste (see 15 Appendix 0, page 3). Once the pipeline is cut, a winch and rigging would be used to 16 drag the pipeline sections one at a time from the underpass to the beach valve pit. A 17 crane stationed alongside the beach valve pit would be used to raise the pipeline 18 sections out of the beach valve pit and place them on trucks for off-site disposal and 19 recycling. 20 2.5.1.2 Fill Line 21 The fill line would be filled with a Class G oilfield cement slurry plug5 and remain buried 22 within the EPS facility to be decommissioned at a future date. Only the fill line 23 termination point located inside the beach valve pit is within the scope of this Project. 24 The blind flange inside the beach valve pit would be removed and a soft pig would be 25 inserted in the fill line. The blind flange would then be fitted with a cement port and 26 reinstalled. A cement hose would be attached to the port and cement slurry would be 27 pumped into the fill line, pressing the soft pig in front of it. Approximately 20 feet of 28 cement slurry would be placed in the fill line (1.5 cubic yards of slurry); however, the 29 cement slurry may be installed the entire length of the fill line (a distance of 30 approximately 380 feet) to the second valve pit within the EPS facility (28 cubic yards of 31 slurry) (see Figure A2-4 in Appendix A). Once the cement slurry plug solidifies in the fill 32 line, the flanged end and pipe stub would be cut (via flame or saw cutting) and removed 33 (less than 300 pounds of recyclable steel), and a permanent steel plate cap would be 34 welded on the cut end of the fill line. The flanged end and pipe stub would be placed on 35 trucks for off-site disposal and recycling. 5 A Class G cement is intended for use as a basic cement from surface to 8,000 feet depth. Encina MOT Decommissioning Project MND 2-12 October 2015 Project Description 1 2.5.1.3 Beach Valve Pit 2 The beach valve pit houses the onshore termination of the fuel oil submarine pipeline 3 and consists of a rectangular vault and a buried rectangular horizontal shaft. Soil 4 samples would be taken from underneath the floor of the beach valve pit. If 5 contaminated soil exceeding allowable limits is found, the floor of the beach valve pit 6 would be demolished and the underlying contaminated soil would be remediated to 7 comply with regulatory requirements. Should the soil samples reveal no contamination 8 or levels less than allowable limits, the bottom portion (5 feet below grade and deeper) 9 of the beach valve pit would be left intact, and the top portion (surface to 5 feet below 10 grade) would be demolished and broken down to 5 feet below existing contours or to 11 the top of the horizontal shaft, whichever is greater. The concrete walls would be broken 12 down with concrete breakers mounted on excavators (or equivalent), creating 13 approximately 8. 7 cubic yards of concrete and reinforcing bar debris that would be 14 recovered and shipped off-site for recycling or disposal. The beach valve pit would then 15 be backfilled and compacted with approximately 87 cubic yards of native soil from off- 16 site sources (see Figure A 1-3 and Figure A2-5 in Appendix A). Native backfill soil and 17 sand from off-site sources will have similar grain size characteristics and color to the 18 surrounding soil and sand at the Project site, and will be derived from approved and 19 permitted sources in accordance with the Surface Mining and Reclamation Act. 20 2.5.1.4 Underpass Conduit 21 The underpass conduit (and rectangular horizontal shafts of the beach valve pit and 22 underpass end structure) would be filled with Class G oilfield cement slurry and 23 abandoned in place. These components are buried under existing sidewalks and 24 Carlsbad Boulevard and would be quitclaimed to the City of Carlsbad. 25 Inside the underpass conduit, the fuel oil submarine pipeline rests on a 12-inch-deep 26 bed of sand (15 cubic yards). A portion of this sand was checked and found to contain 27 hydrocarbon contamination, but the bulk of this sand has not been surveyed for 28 hydrocarbons. As such, samples would be taken to determine the level of hydrocarbon 29 contamination. The sand would be removed and disposed or recycled off-site 30 depending on the presence and quantity of contamination. 31 After the fuel oil submarine pipeline, vertical vault, and all sand bedding, electrical 32 components, piping, and appurtenances have been removed, a cement slurry plug 33 would be installed in the underpass conduit. To install the cement slurry plug, a 34 temporary framework (wood or metal forms) would be constructed at each end of the 35 underpass conduit. One form would be placed at the horizontal shaft opening on the 36 west wall of the beach valve pit. The second form would be placed where the vertical 37 vault of the underpass end structure was cut and removed from the horizontal shaft (see 38 Section 2.5.2.5, Underpass End Structure). Cement slurry installation ports would be October 2015 2-13 Encina MOT Decommissioning Project MND Project Description 1 installed in the forms, and tremie pipes may be required to distribute the slurry the full 2 length of the underpass conduit. Vent pipes would also be installed, as appropriate, to 3 ensure that the cement slurry completely fills the underpass conduit from floor to ceiling. 4 The total cement slurry volume is estimated at approximately 198 cubic yards. Detailed 5 engineered plans and specifications for the forms and cementing process would be 6 provided with the CWP. Once the cement plug has been installed and set, the 7 temporary forms would be removed (see Figure A 1-4 and Figure A2-6 in Appendix A). 8 2.5.1.5 Underpass End Structure 9 Prior to demolition, the vent pipe, manhole, metal ladder, and any other appurtenances 10 located inside the vertical vault and horizontal shaft of the underpass end structure 11 would be removed. The vertical vault would then be excavated, demolished, and 12 removed in its entirety, separating it from the end structure horizontal shaft. In addition, 13 the gravel bed underneath the vertical vault (approximately 7.1 cubic yards) would be 14 removed, and the soil underneath the gravel bed would be tested for contaminants. If 15 the soil exceeds regulatory allowable limits, it would be excavated, transported off-site, 16 and properly disposed. The horizontal shaft, wing walls, and concrete footing of the 17 underpass end structure would be abandoned in place. 18 Because the vertical vault is completely buried underneath the beach, approximately 19 452 cubic yards of sand and possibly riprap would be excavated to expose the vertical 20 vault for cutting and demolition (assuming an excavation that is 18 feet deep with a 36- 21 foot radius and walls at a 2:1 slope} (see Figure A2-7 and Figure A2-8 in Appendix A). 22 The beach sand would be stockpiled on the beach and used for backfill after the vertical 23 vault is removed. As-built drawings indicate the possible presence of riprap (as much as 24 45 tons) below the beach at the underpass end structure; if riprap is found, it would be 25 stored onsite and used as backfill after the vertical vault is removed. Once excavated, 26 the vertical vault would be cut and separated from the horizontal shaft using abrasive 27 saws, concrete saws, diamond wire cutting, or other concrete cutting methods that 28 produce a reasonably smooth cut suitable to seal off the horizontal shaft with cement. 29 Once broken up, the vertical vault would be trucked off-site for recycling or disposal. 30 The horizontal shaft, wing walls, and concrete footing of the underpass end structure 31 would be abandoned in place. These structures are located below the existing westerly 32 sidewalk and southbound lane within the Carlsbad Boulevard right-of-way. If these 33 components were removed, both southbound lanes of Carlsbad Boulevard may need to 34 be temporarily shut down to facilitate excavation; therefore, limiting the removal of these 35 structures would ensure that the current roadway sub-grade and sub-base remain 36 undisturbed. However, removal of the vertical vault may require demolition and 37 replacement of the western sidewalk where it crosses the underpass end structure (see 38 Figure A 1-5 in Appendix A). Encina MOT Decommissioning Project MNO 2-14 October 2015 Project Description 1 The beach at the underpass end structure would be restored to pre-project contours by 2 backfilling the excavation with native sand (approximately 452 cubic yards); however, 3 the actual amount of sand required to backfill the excavation would depend on the 4 amount of riprap, if any, found below the existing sand beach. Assuming approximately 5 45 tons of riprap is found and removed, approximately 127 cubic yards of sand would 6 be required for backfill (see Figure A2-9 in Appendix A). 7 2.5.1.6 Electrical Components, Piping, and Appurtenances 8 All electrical components, piping, and appurtenances would be removed from inside the 9 beach valve pit, the underpass conduit, and the underpass end structure. This would 10 include removal of all above ground electrical components, the existing awning structure 11 and slab that surrounds the top edge of the beach valve pit, the concrete block wall, and 12 all handrails. Crews certified in the removal and containment of hazardous materials 13 would abate all contaminates including lead, asbestos, and hydrocarbons that exceed 14 regulatory allowable limits and transport them off-site for disposal. The volume of debris 15 generated during this phase of demolition is estimated to weigh less than 1 ton. 16 2.5.2 Beach Decommissioning Activities 17 The beach segment begins at the west side of the underpass end structure and extends 18 approximately 220 feet into the intertidal zone near the mean low water line. Facilities 19 located within the beach segment include a section of the fuel submarine pipeline and 20 the riprap groin. Decommissioning work for the beach segment would be performed by 21 land-based crews and equipment, but limited to extreme low tide conditions when 22 working in the intertidal zone. Work within the beach segment would be accomplished 23 as described below. 24 2.5.2.1 Riprap Groin 25 In order to excavate and remove the fuel oil submarine pipeline, the riprap groin would 26 need to be permanently or temporarily removed. To determine potential near-field 27 effects of removing the riprap groin (also referred to as the South Beach Groin), Jenkins 28 (2013) conducted a shoreline evolution analysis (see Appendix L) to predict shoreline 29 evolution over 20-year-long historic periods of waves, tides, currents, and dredge 30 disposal. The study showed that, although removal would have no apparent short-term 31 effect on shoreline change, long-term (10 to 20 years) cumulative impacts, generally 32 erosional in nature, to the shoreline would occur. Therefore, to retain the width of the 33 existing shoreline, the riprap groin would be restored to pre-Project contours following 34 the removal of the fuel oil submarine pipeline. The largest erosional impacts would 35 occur at South Beach, where beach widths would be locally reduced by as much as 17 36 feet, 20 years after the groin is removed. Removal of the South Beach Groin would also 37 reduce the median retention time of dredged sands placed on South Beach by 1 month. October 2015 2-15 Encina MOT Decommissioning Project MND Project Description 1 Since dredging and beach disposal of the dredged sands typically occurs every 2 years, 2 an average loss of 1 month of retention time adds up to a significant loss of beach sand 3 volume over many years for the North Beach/Middle Beach/South Beach back-passing, 4 sand re-cycling system. Therefore, to retain the width of the existing shoreline, the 5 riprap groin would be temporarily removed to excavate the fuel oil submarine pipeline 6 and restored to pre-Project contours following the pipeline removal process. 7 The riprap groin may extend under the beach to the west face of the underpass end 8 structure and, if so, would require the excavation of overlying sand to reach and 9 temporarily remove the groin to access the pipeline. To dismantle the groin, a bulldozer 10 and front-end loader would push existing sand from the beach onto the groin to provide 11 a temporary pad for a crawler crane to reach the seaward end of the groin. The crawler 12 crane would be equipped with rock tongs or similar tools to remove the riprap, working 13 from the seaward edge of the groin and moving shoreward. Because the groin may 14 extend underneath the beach to the under-pass end structure, a bulldozer and front-end 15 loader would excavate the sand to expose the groin. The maximum excavation depth is 16 estimated at 10 feet, and the walls of all sand excavations would be cut back to a 2:1 17 slope for safety purposes. Temporary shoring may also be used to hold the sand 18 excavation open to facilitate removal of this section of the pipeline. A front-end loader or 19 equivalent equipment would be used to transport the riprap to a pre-designated storage 20 area on the beach until the pipeline is removed. Once the underlying pipeline is 21 removed, the groin would be restored to pre-project contours starting from the west end 22 of the underpass structure and working seaward. Because the original riprap would be 23 reused to restore the groin, no off-site rock disposal or additional rock and sand backfill 24 is anticipated (see Figure A2-10 in Appendix A). 25 2.5.2.2 Fuel Oil Submarine Pipeline 26 This segment of the fuel oil submarine pipeline is approximately 220 feet long and 27 weighs approximately 26.7 tons (dry weight). Prior to removal, the pipeline segment 28 would be flushed with seawater to free any wastewater from inside this pipeline. The 29 pipeline would be removed in its entirety across the beach. As the pipeline is excavated 30 and exposed it would be cut into sections to facilitate removal. Cutting would be 31 performed using flame (oxy-acetylene torches) or saw cutting methods. If the flame 32 cutting method is used, the somastic and cement weight coating on the pipeline would 33 need to be removed at each cut point, and because the somastic coating contains small 34 amounts of asbestos, an asbestos safety plan and asbestos trained crews would be 35 required to remove, contain, and dispose of the somastic waste. Once the pipeline is 36 cut, a crane stationed alongside the pipeline would be used to raise the pipe sections 37 onto a truck for off-site disposal and recycling. After the pipeline is removed, all required 38 excavation would be backfilled with native sand and the riprap groin would be restored 39 to pre-project conditions (see Figure A2-11 in Appendix A). Encina MOT Decommissioning Project MND 2-16 October 2015 Project Description 1 2.5.3 Surf Zone Decommissioning Activities 2 The surf zone segment begins at the approximate mean low water line and extends 3 approximately 750 feet offshore to the -15 foot bathymetric contour. Facilities located 4 within the surf zone segment include the fuel oil submarine pipeline and riprap groin. 5 Excavation and removal of the pipeline in the surf zone would involve both land-and 6 offshore-based crews and equipment. Land-based work would be limited to extreme low 7 tide conditions when working in the surf zone, and offshore-based work would be limited 8 by the shallowest depth (-15 foot bathymetric contour) at which a barge or other floating 9 support equipment can safely operate near the surf zone. The riprap groin would be 1 0 temporarily removed to accommodate removal of the pipeline and later restored as 11 described above in Section 2.5.2.1, Riprap Groin. Fuel oil submarine pipeline 12 decommissioning work in the surf zone segment would be accomplished as described 13 below. 14 2.5.3.1 Fuel Oil Submarine Pipeline 15 This section of the fuel oil submarine pipeline is 750 feet in length and weighs 16 approximately 91.1 tons (total dry weight), and would be removed in its entirety if 17 feasible. In the surf zone, the pipeline is covered by an existing riprap groin, which 18 would be temporarily removed and stored on the beach during the pipeline removal 19 process. The depth of the pipeline underneath the groin is unknown; however, it is 20 thought to be fairly shallow. There are two reasons for this assumption: (1) the pipeline 21 was pulled offshore from the beach and never excavated and buried; and (2) groin 22 protection over a pipeline is typically only required when a pipeline becomes exposed 23 on the beach and seafloor. Additionally, past seafloor surveys revealed exposed 24 portions of the offshore fuel oil submarine pipeline, which could mean that the pipeline 25 may only have a shallow cover over it in the surf zone. If this is the case, it may be 26 feasible to remove the entire surf zone section using conventional or low-impact 27 methods (Option 1 ). Should the as-found disposition of the pipeline foil efforts for 28 removal using the methods in Option 1, dynamic pipe ramming (DPR) technology would 29 be employed in an attempt to vibrate and extract the pipeline from under the seafloor 30 (Option 2).6 If Option 1 or Option 2 is successful, this section of the pipeline would be 31 pulled offshore and raised to the surface, cut into truckable sections to be transported 32 by barge to shore, and trucked to off-site disposal or recycling facilities. If both options 33 fail to extract the surf zone section, the remaining portion of pipeline would be 34 abandoned in place and the ends of the pipeline would be opened to fill with sand. After 35 work in the surf zone is complete, the groin would be restored to pre-project contours. 36 The removal methods for Option 1 and Option 2 are described in Table 2-1. 6 Although DPR has not been previously used to remove pipelines in the surf zone, it has been successfully used to remove longer sections of pipeline stuck in horizontal directional drilling bores. Most recently, DPR was used to extract buried subsea pipelines in the Gulf of Mexico and Midwest. October 2015 2-17 Encina MOT Decommissioning Project MND Project Description Table 2-1. Surf Zone Fuel Oil Submarine Pipeline Removal Options Option 1-Land-based crews and equipment would work from onshore into the surf Surf Zone zone, as far as low tide and surf conditions permit, to remove as much of the Removal pipeline in the surf zone as possible. Marine-based crews and equipment Using would then work from offshore into the surf zone, as far as tides and surf Conventional conditions permit, to extract the remaining pipeline in the surf zone. At each Crews and cut-point on the pipeline, a bell hole would be dug underneath the pipeline Equipment and the somastic and cement weight coatings would be removed. If above water, the pipeline would be cut with oxy-acetylene; if underwater, it would be cut with an oxy-arc or a guillotine saw. Compared to an oxy-arc, a guillotine saw may eliminate the need to remove the somastic and cement weight coating and minimize the bell hole excavation. Both the oxy-arc and guillotine saw are handheld or hand-applied, and neither produces appreciable noise nor substantial waste or byproduct. During the removal process, floatation may be used in combination with the above methods to lighten the pipeline and pull the remaining section out of the surf zone. Once removed, the pipeline would be lightened with floatation or filled with air, then lifted onto the barge deck to be cut into sections for off-site recycling or disposal. Option 2-DPR may be ideally suited to remove this section of the pipeline because the Surf Zone pipeline is relatively short (750 feet), may be exposed on the seafloor or only Removal by moderately buried, and is of known composition, construction, and integrity. DPR To remove this segment using DPR, a pneumatic ram (hammer), attached to the offshore end of the pipeline, would vibrate the pipeline out of the surf zone while the tension winch, stationed on the offshore support barge, would drag the recovered pipeline offshore (see Figure A2-12 in Appendix A). Pull forces necessary to extract the pipeline out of the surf zone would be calculated and analyzed by a California licensed professional engineer and provided in the CWP. A six-point anchor system would be required for the barge, with four of the six points acting as reaction anchors·to keep the barge in place while the tension winch drags the pipeline out of the surf zone. Once removed, the pipeline would be lightened with floatation or filled with air and then lifted onto the deck of the barge to be cut for off-site recycling and disposal. 1 2.5.4 Offshore Decommissioning Activities 2 The offshore segment begins at the backside of the surf zone (at approximately the -15 3 foot bathymetric contour) and terminates approximately 2,525 feet offshore in 4 approximately 60 feet of water. This segment includes the fuel oil submarine pipeline 5 and all of the remaining mooring and navigation components and seafloor debris 6 associated with the tanker berth. Work within the offshore segment would be performed 7 by offshore crews and equipment and accomplished as described below. 8 2.5.4.1 Fuel Oil Submarine Pipeline End Anchors 9 The two fuel oil submarine pipeline end anchors and their chains would be removed in 10 their entirety from the seafloor. The anchors weigh 14,000 pounds each and are 11 connected to the pipeline via a steel collar fastened to the pipeline end and attached 12 with two 90-foot lengths of 2-inch stud link anchor chains. To remove the end anchors Encina MOT Decommissioning Project MND 2-18 October 2015 Project Description 1 from the pipeline, offshore crews and equipment would either cut the collar bolts and 2 remove the collar, or cut the 2-inch stud link anchor chain near the steel anchor collar. 3 The two end anchors would be raised to the surface using the 2-inch stud link anchor 4 chains, lifted to the deck of the derrick barge using the deck winch, and hauled on board 5 for off-site recycling and disposal. No excavation would be necessary. 6 2.5.4.2 Fuel Oil Submarine Pipeline 7 The offshore segment of the fuel oil submarine pipeline is approximately 2, 775 feet long 8 and weighs approximately 337.2 tons (dry weight). If the offshore section of the pipeline 9 is buried, underwater excavation would be required. Once the pipeline is freed from the 10 end anchors, the pipeline would be raised to the deck of the derrick barge and cut into 11 sections (Option 1 ), or the pipeline would be cut on the seafloor by divers and recovered 12 (Option 2). The latter option is less desirable as it requires extensive diver intervention 13 with inherent safety risks, while the former, and preferred, option requires substantially 14 less diver intervention and can be performed on the deck of the barge. In either case, 15 the offshore segment would be cut into truckable sections and transported by barge to 16 shore to be offloaded and trucked to off-site disposal or recycling facilities. The removal 17 methods in Option 1 and Option 2 are shown in Table 2-2. Table 2-2. Offshore Fuel Oil Submarine Pipeline Removal Options Option 1- Reverse Pipe Lay Method October 2015 The reverse pipe lay method would keep the pipeline intact (with minimal loss of external coatings) while it is pulled aboard the barge and cut into sections, would avoid underwater cutting, and could be performed fairly rapidly assuming that the depth of cover over the pipeline is minimal or non-existent. Engineered plans and calculations for this method would be provided by a California licensed engineer and included with the CWP. Under this method, the end of the pipeline would be raised to the surface (possibly with the aid of flotation buoys and/or applied tension) and winched aboard the derrick barge through a stinger (projecting from the end of the barge) that transitions the pipeline out of the water and onto the deck. As the pipeline is brought aboard the derrick barge, the pulling operation would be periodically halted, and a sling or other rigging brake would be applied to the pipeline section near the gunwale of the barge. Tension would be applied to the active leg of the pipeline (floating/submerged section) by the barge's reaction anchors and rigging brake to remove a band of somastic and cement weight coating. The pipeline would then be cut and hoisted onto a materials barge for transportation to shore to be offloaded and trucked to off-site disposal or recycling facilities. This process would be repeated until the offshore section of the pipeline is completely removed (see Figure A2-13 in Appendix A). Divers operating from the derrick barge or from a second support barge or vessel would work ahead of the recovery operation to expose the pipeline if buried. An airlift or other excavation device would be used to uncover the pipeline. To assist with lightening the pipeline during this removal process, the pipeline may need to be voided of water. If this is necessary, the open end of the pipeline would remain on the deck of the barge or would be sealed before being placed back in the ocean so it doesn't refill with water. Voiding would require that the 2-19 Encina MOT Decommissioning Project MND Project Description Table 2-2. Offshore Fuel Oil Submarine Pipeline Removal Options pipeline be left intact to the beach, at a minimum, or into the EPS facility, preferably, so the water inside the pipeline can be collected onshore and properly disposed. This would impact the decommissioning schedule since the offshore segment of the pipeline must be voided and removed before removal operations can occur in the surf zone and beach segments, and probably the onshore segment (at least removal of the pipeline). Option 2-Seafloor-based removal may be used to remove the pipeline or possibly used in Seafloor-tandem with the reverse pipe lay method, depending on if sections of the pipeline Based are exposed on the seafloor. Engineered plans and calculations for this removal Removal method would be provided by a California licensed engineer and included with the CWP. Under this method, the pipeline would be excavated in short sections, probably 150 feet or less, which would depend on the limits of the diver's dive umbilical, the operating radius of the crane boom with the excavation tool, and the size of the derrick barge and crane. The first pipeline section would be uncovered, with the support of a crane, using a large airlift (12-inch-diameter or larger steel or steel and plastic pipe) or a Toyo submersible pump-type dredging system. Bell holes would be excavated at predetermined intervals (cut points) along the excavated section of the pipeline to provide divers with circumferential access to cut and remove bands of somastic and cement weight coating at each cut point. An oxy-arc or guillotine saw would be used to cut the bands of coating. Both methods are handheld or hand-applied, and neither produces appreciable noise nor substantial waste or byproduct. Once, or as, the bands of coating are removed, divers would cut the pipeline into sections using the preferred cutting method. Slings would be applied to each section and hoisted to the surface by the derrick barge crane and placed on the materials barge or support boat for transportation to shore to be offloaded and trucked to off-site disposal or recycling facilities. This process would be repeated one section at a time, probably starting with the offshore end and working shoreward, until the offshore section of the pipeline is completely removed (see Figure A2-14 in Appendix A). 1 2.5.4.3 Mooring and Buoy System Components 2 All remaining components of the tanker berth's seven-point mooring system, single- 3 point mooring, fuel oil submarine pipeline marker buoy, and navigation buoy would be 4 removed in their entirety, transported off-site, and recycled at appropriate facilities. A 5 derrick barge or deck barge with a four-point mooring system, crane, and pull winch 6 would likely be used to recover the mooring system components. A dive team would 7 work from the barge deck, and a tugboat would remain onsite to tend the barge and set 8 and recover its anchors. All anchorages would be set in accordance with the anchor 9 coordinates established on the anchor pre-plot that would be part of the approved CWP. 10 If the remains of a mooring leg are buried under the seafloor, additional effort would be 11 required to locate and possibly expose and remove these components. In this case, the 12 use of mooring buoy or anchor coordinates from previous surveys would be helpful to 13 position a diver with a handheld magnetometer at the chain or anchor's approximate 14 location to locate the ferrous metal below the seafloor. Encina MOT Decommissioning Project MND 2-20 October 2015 Project Description 1 Once a buried target is identified as a mooring system component, its recovery would 2 depend on the type of component and its disposition. If the target is a buried anchor 3 chain, then additional excavation may be required to locate and expose the bitter end of 4 the chain. Once the end of the anchor chain is located, divers would attach a pull wire to 5 the chain and deck crews would pull it to the surface with a pull winch located on the 6 deck of the derrick barge. Alternatively, if a chain is located (and not the bitter end), 7 divers would be employed to cut the chain with oxy-arc underwater cutting equipment. 8 Once a cut to the chain is made, one of the cut ends would be attached to a buoy while 9 the other would be attached to a pull winch, located on the deck of the support vessel, 10 to extract the first chain segment from the seafloor. This chain segment would either 11 lead to the bitter end of the chain or to an anchor. If it leads to an anchor, the anchor 12 would be recovered. Once this first chain segment is recovered, the support vessel 13 would return to the buoyed end of the other chain segment, recover the end to the 14 surface, and extract the chain segment from the seafloor. Excavation, if required, would 15 be performed via hand jetting (using divers with portable high-pressure jetting 16 equipment) or the likely preferred method of airlifting (suspending a 12-inch-diameter 17 steel airlift operated by the support vessel crane under the direction of a diver) (see 18 Figure A2-15 and Figure A2-16 in Appendix A). 19 2.5.4.4 Seafloor Debris 20 All seafloor debris associated with the tanker berth and decommissioning operations 21 would be removed. Potential debris targets would be identified in the pre-and post- 22 decommissioning seafloor debris surveys and inspected by divers to determine their 23 identity. All debris items associated with the tanker berth operations, and any introduced 24 during Project operations, would be recovered and transported off-site for recycling or 25 disposal. The quantity of seafloor debris, if any, is unknown at this time. 26 2.6 PRELIMINARY DECOMMISSIONING SCHEDULE 27 Decommissioning is scheduled to occur in 2016 and 2017, with an estimated 2018 28 completion date. The following is a summary of the tentative Project milestones: 29 • Receive All Regulatory Agency Permits ............................ June 2016 30 • CWP Submitted_····-·------------·-·--··---------·-··-···--------------·-·------·-·-·July 2016 31 • MCP Submitted·-----·-·-····-··------··-·-······-------··-·-·····----·-·-·-···-··----July 2016 32 • CWP Approved __ ····-·---------·-·-·-··--------···-····--------··-···---------·-·-·-··August 2016 33 • Offshore Segment Decommissioning Starts ..................... September 2016 34 • Onshore Segment Decommissioning Starts ..................... September 2016 35 • Beach Segment Decommissioning Starts _________________ ........ September 2017 36 • Surf Zone Segment Decommissioning Starts __________________ September 2017 37 • Complete Decommissioning Work ______________________________________ January 2018 38 • Complete Post-Decommissioning Reporting ___________________ ,February 2018 October 2015 2-21 Encina MOT Decommissioning Project MND Project Description 1 A preliminary decommissioning schedule is provided as Table A1-1 in Appendix A. The 2 schedule is based on a 5-day, 12-hour/day work week; however, additional hours, 3 including 24-hour operations, may be required to complete these activities and to 4 maintain the Project schedule (e.g., to work with the tide schedule). Additional time was 5 not built into the schedule to account for possible inclement weather, unworkable tide 6 conditions, or additional work that may be created due other unforeseen conditions. 7 If the reverse pipe lay method is used to recover the fuel oil submarine pipeline in the 8 offshore segment, the pipeline may need to be voided of water. Voiding would need to 9 occur before removal of the surf zone, beach, and preferably onshore segments are 10 removed so the displaced water can be captured in the EPS facility and disposed off- 11 site. In this case, offshore decommissioning work must be completed before work in the 12 other segments can occur. The onshore and offshore segments are currently scheduled 13 to be decommissioned in fall/winter 2016, which may accommodate this scenario. Once 14 the water is removed from the fuel oil submarine pipeline, the onshore work may be 15 started, and the beach and surf zone segments would be removed in fall/winter 2017. 16 2. 7 SHORE BASE 17 The decommissioning contractor, once selected, shall establish a shore base to support 18 offshore operations and serve as a local embarkation point for offshore crews and 19 equipment. Oceanside Harbor, the most likely local embarkation point, is approximately 20 6 miles from the offshore worksite and has historically been the point of embarkation for 21 offshore crews working at the EPS MOT tanker berth. Alternative shore base locations 22 are the Port of Los Angeles, Port of Long Beach, or San Diego Bay. 23 2.8 MANPOWER AND EQUIPMENT ESTIMATES 24 Table A2-1 in Appendix A provides personnel and equipment estimates, which are 25 based on the anticipated duration of projected tasks and are subject to change. 26 2.9 PROJECT WORK AREAS 27 The onshore and beach segments include staging areas for the placement of materials 28 and equipment, temporary storage of riprap and sand, temporary truck parking during 29 loading operations, and equipment movement. These Project work areas, as well as 30 ingress and egress routes, are shown in Figure A2-17 in Appendix A. The offshore 31 Project safety and survey boundary in which Project vessels would operate during 32 decommissioning activities is identified in Figure A1-1 in Appendix A. 33 2.10 MATERIAL IMPORT/EXPORT AND ASSOCIATED TRUCK TRIPS 34 Table A1-2 in Appendix A summarizes the projected areas, volumes, and weights of the 35 recovered debris and decommissioned MOT components set for recycling or disposal. Encina MOT Decommissioning Project MND 2-22 October 20 15 1 3.0 ENVIRONMENTAL CHECKLIST AND ANALYSIS 2 This section contains the Initial Study (IS) that was completed for the proposed Cabrillo 3 Power I LLC (Cabrillo Power I LLC or Applicant) Encina Marine Oil Terminal 4 Decommissioning Project (Project) in accordance with the requirements of California 5 Environmental Quality Act (CEQA). The IS identifies site-specific conditions and 6 impacts, evaluates their potential significance, and discusses ways to avoid or lessen 7 impacts that are potentially significant. The information, analysis and conclusions 8 included in the IS provide the basis for determining the appropriate document needed to 9 comply with CEQA. For the Project, based on the analysis and information contained 10 herein, California State Lands Commission (CSLC) staff have found that the IS shows 11 that there is substantial evidence that the Project may have a significant effect on the 12 environment but revisions to the Project would avoid the effects or mitigate the effects to 13 a point where clearly no significant effect on the environment would occur. As a result, 14 the CSLC has concluded that a Mitigated Negative Declaration (MND) is the appropriate 15 CEQA document for the Project. 16 The evaluation of environmental impacts provided in this IS is based in part on the 17 impact questions contained in Appendix G of the State CEQA Guidelines; these 18 questions, which are included in an impact assessment matrix for each environmental 19 category (Aesthetics, Agriculture/Forest Resources, Air Quality, Biological Resources, 20 etc.), are "intended to encourage thoughtful assessment of impacts." Each question is 21 followed by a check-marked box with column headings that are defined below. 22 • Potentially Significant Impact. This column is checked if there is substantial 23 evidence that a Project-related environmental effect may be significant. If there 24 are one or more "Potentially Significant Impacts," a Project Environmental Impact 25 Report (EIR) would be prepared. 26 • Less than Significant with Mitigation. This column is checked when the 27 Project may result in a significant environmental impact, but the incorporation of 28 identified Project revisions or mitigation measures would reduce the identified 29 effect(s) to a less than significant level. 30 • Less than Significant Impact. This column is checked when the Project would 31 not result in any significant effects. The Project's impact is less than significant 32 even without the incorporation of Project-specific mitigation measures. 33 • No Impact. This column is checked when the Project would not result in any 34 impact in the category or the category does not apply. 35 The environmental factors checked below would be potentially affected by this Project; 36 a checked box indicates that at least one impact would be a "Potentially Significant 37 Impact" except that the Applicant has agreed to Project revisions, including the October 2015 3-1 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis 1 implementation of mitigation measures (MMs), that reduce the impact to "Less than 2 Significant with Mitigation." Table 3-1. Environmental Issues and Potentially Significant Impacts 1Z1 Aesthetics i D Agriculture and Forest D Air Quality Resources 1Zl Biological Resources 1Z1 Cultural Resources D Geology and Soils D Greenhouse Gas Emissions 1Z1 Hazards and Hazardous 1Z1 Hydrology and Water Materials Quality D Land Use and Planning D Mineral Resources 1Z1 Noise D Population and Housing D Public Services D Recreation 1Z1 Transportation/Traffic D Utilities and Service Systems 1Z1 Mandatory Findings of Significance D Other Major Areas of Concern: Commercial Fishing and Environmental Justice 3 Detailed descriptions and analyses of impacts from Project activities and the basis for 4 their significance determinations are provided for each environmental factor on the 5 following pages, beginning with Section 3.1, Aesthetics. Relevant laws, regulations, and 6 policies potentially applicable to the Project are listed in the Regulatory Setting for each 7 environmental factor analyzed in this IS. 8 AGENCY DETERMINATION 9 Based on the environmental impact analysis provided by this Initial Study: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 1:8] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 10 Signature 11 Kelly Keen, Environmental Scientist 12 Division of Environmental Planning and Management 13 California State Lands Commission Encina MOT Decommissioning Project MND 3-2 Date October 2015 Environmental Checklist and Analysis -Aesthetics 1 3.1.3 Impact Analysis 2 a) Have a substantial adverse effect on a scenic vista? 3 Less than Significant with Mitigation. The presence of onshore and offshore vessels 4 and equipment at the Project site would result in short-term aesthetic impacts to views 5 of the beach and ocean. Project operations would be visible to people: (1) on Carlsbad 6 Boulevard, other local streets, and possibly 1-5 and the railroad corridor; (2) recreating 7 on the beach; (3) engaging in ocean activities (e.g., recreational boating); and (4) at 8 ocean-view homes in the area. Views of offshore vessels, which would be needed for 9 decommissioning activities, are not entirely incongruent with typical ocean views, and 10 the site was historically used for fuel transfers, with large vessels mooring at the MOT 11 and vessels and equipment located offshore during periodic maintenance of the MOT. 12 Offshore and surf zone work would include two barges, two tug boats, and two crew 13 boats. Work in the surf zone would also require the use of onshore equipment, including 14 two excavators, one bulldozer, one front-end loader, one crawler crane, and smaller 15 miscellaneous equipment. Similar equipment would also be used for work in the beach 16 and onshore segments. All equipment would be visible to the public during 17 decommissioning. Offshore equipment would be on-site for about 7 months (3 months 18 for the surf zone segment and 4 months for the offshore segment). Equipment operating 19 on the beach, which would be used for portions of the onshore, beach, and surf zone 20 segments, would be in service over a period of about 5 months, although not 21 continuously. Onshore equipment operations east of Carlsbad Boulevard are expected 22 to occur over 3 months; however, not all of the equipment would be in operation during 23 this period and, unlike the beach and ocean, the area east of Carlsbad Boulevard is not 24 considered a scenic vista (see Table A1-1 in Appendix A). 25 In order to minimize the number of viewers affected by the Project, the present 26 decommissioning schedule avoids work during the summer (Memorial Day through 27 Labor Day). Additionally, a 5-day work week was identified in the Project Description to 28 avoid work on weekends when more people would be expected to use the beach. 29 To ensure that Project activities avoid the peak beach and ocean use periods, the 30 Applicant shall implement MM AES-1 to minimize the Project's aesthetic impact in the 31 area to less than significant. 32 MM AES-1: Project Scheduling. Onshore Project decommissioning shall be 33 conducted outside of the peak public beach/ocean-use periods (summer [May 31 34 to September 5] and weekends) in order to minimize the number of viewers 35 affected by the Project to the extent feasible. Exceptions allowing weekend work 36 may occur in certain limited cases such as when work requires an extreme low 37 tide that only occurs on a weekend. October 2015 3-7 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Aesthetics 1 b) Substantially damage scenic resources, including, but not limited to, trees, 2 rock outcroppings, and historic buildings within a state scenic highway? 3 No Impact. 1-5, located east of the EPS, is an eligible, State scenic highway; however, it 4 has not been officially designated as such. As a result, the Project would not 5 substantially damage scenic resources, including trees, rock. outcroppings, and historic 6 buildings, within a State scenic highway; therefore, there would be no impact. 7 c) Substantially degrade the existing visual character or quality of the site and its 8 surroundings? 9 Less than Significant with Mitigation. As discussed in a) above, the Project would 10 temporarily introduce construction materials, equipment, vessels and activities to the 11 Project area. This would be considered a short-term degradation of the visual character 12 of the beach and ocean area subject to Project activities. MM AES-1 would serve to 13 mitigate this impact. Additionally, the subsurface fuel oil submarine pipeline and other 14 facilities would be decommissioned in a manner that would not degrade the existing 15 visual character of the site or surroundings. Therefore, with the implementation of MM 16 AES-1, the potential impacts of the Project on the existing visual character or quality of 17 the site and its surroundings would be reduced to less than significant. 18 d) Create a new source of substantial light or glare which would adversely affect 19 day or nighttime views in the area? 20 Less than Significant with Mitigation. No long-term sources of light, glare, or 21 nighttime lighting would be introduced by the Project; however, 24-hour operations may 22 occur to maintain the Project schedule, which would require the use of diesel-driven 23 light plants. As a result, nighttime operations may cause temporary adverse lighting 24 impacts to nearby residents. To reduce potential impacts caused by Project lighting, the 25 Applicant shall implement MM AES-2 to minimize substantial light and glare and ensure 26 potential impacts to day or nighttime views in the area are less than significant. 27 MM AES-2: Night-Lighting Spillage Minimization. Night-lighting required for 28 Project decommissioning activities shall be shielded and directed to the 29 immediate work area to avoid light spillage onto private property. 30 3.1.4 Mitigation Summary 31 Implementation of the following mitigation measures would reduce the potential for 32 Project-related impacts to aesthetics to less than significant. 33 • MM AES-1: Project Scheduling. 34 • MM AES-2: Night-Lighting Spillage Minimization. Encina MOT Decommissioning Project MND 3-8 October 2015 Environmental Checklist and Analysis-Agriculture and Forest Resources 1 3.2.2 Regulatory Setting 2 3.2.2.1 Federal and State 3 Federal and State laws and regulations pertaining to this issue area and relevant to the 4 Project are identified in Table 3.2-1. Table 3.2-1. Laws, Regulations, and Policies (Agriculture/Forest Resources) CA Williamson This Act enables local governments to enter into contracts with private Act (Gov. landowners to restrict specific parcels of land to agricultural or related open Code,§§ space use, and provides landowners with lower property tax assessments in 51200-51207) return. Local government planning departments are responsible for the enrollment of land into Williamson Act contracts. Generally, any commercial agricultural use would be permitted within any agricultural preserve. In addition, local governments may identify compatible uses permitted with a use permit. CA Coastal Act Coastal Act policies applicable to this issue area are: Chapter 3 • Section 30241 (Prime agricultural land; maintenance in agricultural policies (see production); also Table 1-2) • Section 30241.5 (Agricultural land; determination of viability of uses; economic feasibility evaluation); • Section 30242 (Lands suitable for agricultural use; conversion); and • Section 30243 (Productivity of soils and timberlands; conversions). 5 3.2.2.2 Local 6 There are no local goals, policies, and/or regulations applicable to this issue area for the 7 Project due to its location and the nature of the activity. 8 3.2.3 Impact Analysis 9 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide 1 0 Importance (Farmland}, as shown on the maps prepared pursuant to the 11 Farmland Mapping and Monitoring Program of the California Natural Resources 12 Agency, to non-agricultural use? 13 No Impact. There are no current or planned agricultural uses at the Project site. 14 Therefore, the Project would have no impact on Prime Farmland, Unique Farmland, or 15 Farmland of Statewide Importance. 16 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 17 No Impact. There are no agricultural resources present at the Project site. Therefore, 18 the Project would not conflict with existing zoning for agriculture or occur on lands 19 operated under a Williamson Act contract with any local governments for the purpose of 20 restricting specific parcels of land to agricultural or related open space use. Encina MOT Decommissioning Project MND 3-10 October 2015 Environmental Checklist and Analysis-Agriculture and Forest Resources 1 c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined 2 in Pub. Resources Code, § 12220, subd. (g)), timberland (as defined by Pub. 3 Resources Code, § 4526), or timberland zoned Timberland Production (as defined 4 by Gov. Code,§ 51104, subd. (g))? 5 No Impact. There are no forest lands or timberlands located in the vicinity of the Project 6 site. Therefore, the Project would not conflict with existing zoning for, or cause rezoning 7 of, forest land, timberland, or timberland zoned Timberland Production. 8 d) Result in the loss of forest land or conversion of forest land to non-forest use? 9 No Impact. There are no forest lands or timberlands located in the vicinity of the Project 10 site. Therefore, the Project would not result in the loss of forest land or conversion of 11 forest land to non-forest use. 12 e) Involve other changes in the existing environment, which due to their location 13 or nature, could result in conversion of farmland to non-agricultural use or 14 conversion of forest land into non-forest use? 15 No Impact. There is no farm land or forest land located in the vicinity of the Project site. 16 Therefore, the Project would not alter the existing environment such that farmland or 17 forest land would be converted to non-agricultural or non-forest uses. 18 3.2.4 Mitigation Summary 19 The Project would not result in significant impacts to agriculture and forest resources; 20 therefore, no mitigation is required. October 2015 3-11 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Air Quality 1 3.3.1.2 Criteria Pollutants 2 Criteria air pollutants are those contaminants for which State and Federal ambient air 3 quality standards have been established for the protection of public health and welfare. 4 Criteria pollutants include: ozone (03) carbon monoxide (CO), oxides of nitrogen (NOx), 5 sulfur dioxide (S02), and particulate matter. 6 • 03 is formed in the atmosphere through a series of complex photochemical 7 reactions involving NOx, reactive organic gases (ROGs) (also known as reactive 8 organic compounds [ROCs]), and sunlight occurring over several hours. Since 03 9 is not emitted directly into the atmosphere, but is formed as a result of 10 photochemical reactions, it is classified as a secondary or regional pollutant. 11 Because these 03-forming reactions take time, peak 03 levels are often found 12 downwind of major source areas. 03 is considered a respiratory irritant and 13 prolonged exposure can reduce lung function, aggravate asthma, and increase 14 susceptibility to respiratory infections. Children and those with existing respiratory 15 diseases are at greatest risk from exposure to 03. 16 • CO is primarily formed through the incomplete combustion of organic fuels. 17 Higher CO values are generally measured during winter when dispersion is 18 limited by morning surface inversions. Seasonal and diurnal variations in 19 meteorological conditions lead to lower values in summer and in the afternoon. 20 CO is an odorless, colorless gas that affects red blood cells in the body by 21 binding to hemoglobin and reducing the amount of oxygen that can be carried to 22 the body's organs and tissues. CO can cause health effects to those with 23 cardiovascular disease and affect mental alertness and vision. 24 • Nitric oxide (NO) is a colorless gas formed during combustion processes which 25 rapidly oxidizes to form nitrogen dioxide (N02), a brownish gas. The highest N02 26 values are generally measured in urbanized areas with heavy traffic. Exposure to 27 N02 may increase the potential for respiratory infections in children and cause 28 difficulty in breathing even among healthy persons and especially among 29 asthmatics. 30 • S02 is a colorless, reactive gas that is produced from the burning of sulfur- 31 containing fuels, such as coal and oil, and by other industrial processes. 32 Generally, the highest concentrations of S02 are found near large industrial 33 sources. S02 is a respiratory irritant that can cause narrowing of the airways, 34 leading to wheezing and shortness of breath. Long-term exposure to S02 can 35 cause respiratory illness and aggravate existing cardiovascular disease. 36 • Particulate Matter. Ambient air quality standards have been set for two classes 37 of particulate matter: PM1o (coarse particulate matter less than 10 microns in 38 aerodynamic diameter) and PM2.s (fine particulate matter 2.5 microns or less in 39 aerodynamic diameter). Both consist of different types of particles suspended in October 2015 3-13 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Air Quality 1 o Wet the area down, sufficient enough to form a crust on the surface with 2 repeated soakings, as necessary, to maintain the crust and prevent dust pick- 3 up by the wind; 4 o Street sweeping, should silt be carried over to adjacent public thoroughfares; 5 o Use water trucks or sprinkler systems to keep all areas where vehicles move 6 damp enough to prevent dust raised when leaving the site; 7 o Wet down areas in the late morning and after work is completed for the day; 8 o Use low sulfur fuel (0.5 percent by weight) for construction equipment. 9 3.3.3 Impact Analysis 10 a) Conflict with or obstruct implementation of the applicable air quality plan? 11 No Impact. The RAQS outlines the SDAPCD's plans and control measures to attain 12 State air quality standards for 03. The SDAPCD also relies on the State Implementation 13 Plan, which includes the SDAPCD's plans and control measures for attaining the 14 National Ambient Air Quality Standard for 03. The RAQS relies on information from the 15 CARB and SANDAG, including projected future growth in source emissions projections 16 in the County to determine strategies and regulatory controls to reduce stationary 17 source emissions. CARB mobile source emission projections and SANDAG growth 18 projections are based on population and vehicle trends and land use plans developed 19 by the cities and the County of San Diego. As such, projects that propose development 20 that is consistent with the growth anticipated by the general plans would be consistent 21 with the RAQS (County of San Diego Land Use and Environment Group 2007). The 22 Project is limited to short-term MOT decommissioning activities and would not alter local 23 or regional population projections. Thus, the Project is consistent with the RAQS and 24 would not conflict with or obstruct implementation of applicable air quality plans. 25 b) Violate any air quality standard or contribute substantially to an existing or 26 projected air quality violation? 27 Less than Significant Impact. Sources of air pollution associated with the Project 28 include onshore heavy equipment, transfer dump trucks, cement trucks, marine vessels, 29 and associated onboard equipment. Under SDCAPCD Rule 11, mobile sources are 30 exempt from Rule 1 0 permit requirements; however, portable onshore construction 31 equipment such as generators, compressors and power winches would be subject to 32 the Statewide Portable Equipment Registration Program. 33 The Project site is located in the City of Carlsbad, which has not adopted quantitative 34 thresholds for determining the significance of construction or mobile source-related air 35 quality impacts; however, the County of San Diego has adopted screening level 36 thresholds for use with CEQA, taken from SDCAPCD Rule 20.2. Although Rule 20.2 37 pertains to non-major stationary sources, emission levels triggering an Air Quality October 2015 3-17 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Air Quality 1 Impact Analysis (AQIA) may be used as an indication of the potential to cause a 2 violation of ambient air quality standards. Emission levels that trigger an AQIA are listed 3 in Table 3.3-3 and may be used for comparative purposes as air quality thresholds of 4 significance for the purposes of this assessment. Table 3.3-3. SDCAPCD AQIA Trigger Levels ~, 1:1~~~~, . ':J~':'rt PoUili~ht :t ,:'(i~~ < ,'t:t 'Pou'Q~l/~9ur:::tl '~l;,P6tih4§[;)~y~I'••· T9hs{Y~;ir~'i PM10 --100 15 Oxides of Nitrogen (NOx) 25 250 40 Oxides of Sulfur (SOx)1 25 250 40 Carbon Monoxide (CO) 100 550 100 Volatile Organic Compounds (VOC) -75 13.7 Lead and Lead Compounds -3.2 0.6 Respirable Particulate Matter (PM10) -100 15 Fine Particulate Matter (PMz.s) -55 10 1 SOx are compounds of sulfur and oxygen molecules. Sulfur dioxide (SOz) is the predominant form found in the lower atmosphere. 5 Offshore vessels and equipment would generate the majority of Project-associated air 6 emissions. These emissions were quantified using harbor craft emission factors 7 presented in The Port of Long Beach (POLS) 2005 Air Emission Inventory (POLS 8 2007). Emissions generated by heavy equipment to be used onshore (excavators, 9 bulldozer, loader, crane, and smaller equipment) were quantified using emission factors 10 derived from the URBEMIS 2007 model and load factors from the OFFROAD model. 11 On-road sources used to truck out excavated materials, truck infill sand and cement, 12 and for worker commute trips were quantified using the Emfac2007 model. 13 Estimated emissions of criteria pollutants are presented in Table 3.3-4.8 As detailed in 14 Section 2, Project Description, there are two proposed methodologies (Options 1 and 2) 15 to complete decommissioning activities in both the surf zone and offshore segments. 16 Although in-field success would determine which method is more effective and thus 17 used, the options with the highest emissions are presented in the emissions 18 calculations. Proposed equipment listed for each decommissioning segment in Table 19 A2-1 in Appendix A was used to estimate emissions as detailed in Appendix H, which 20 breaks down each segment into specific phases/tasks. Decommissioning of the onshore 21 and offshore segments would occur simultaneously, and their daily emissions were 22 combined as peak pounds per day, as shown in Table 3.3-4. This approach was also 23 taken for the beach and surf zone segments since these segments would also be 24 decommissioned simultaneously. 8 Lead emissions are not presented in the emissions tables as lead-containing fuels would not be used. Encina MOT Decommissioning Project MND 3-18 October 2015 Environmental Checklist and Analysis -Air Quality 1 As provided in Table 3.3-4, Project emission totals calculated as peak pounds per day 2 do not exceed AQIA triggers used as indicators or thresholds of significance, while 3 emission totals calculated as peak tons per year are also below the annual AQIA trigger 4 (Project emission totals are cumulative, not annual, and include emissions for the 5 Project duration). Therefore, the Project would not violate any air quality standard or 6 contribute substantially to an existing or projected air quality violation, and this impact 7 would be less than significant. However, to further reduce Project air emissions and 8 ensure that they remain below the threshold, Applicant Proposed Measures (APMs) 9 would be implemented as feasible. 10 APM AIR-1: Air Emissions Compliance Program. The Project will incorporate 11 an Air Emissions Compliance Program to ensure that Project emissions are in 12 conformance with the approved Project. This Program will provide detailed 13 information regarding the internal combustion engines used, the duration of use, 14 the fuel consumed, and the calculated emissions. 15 APM AIR-2: Low-Emission Engines -Offshore. Use marine vessels and 16 offshore equipment with low emissions engines, certified to meet Federal Tier Ill 17 requirements, if available. 18 APM AIR-3: Low-Emission Engines -Onshore. Use heavy equipment 19 onshore with the best available low emissions engines (Tier Ill or IV), if available. 20 APM AIR-4: Mobilize from Nearest Port. Mobilize marine vessels and 21 equipment from the nearest port supporting these vessels. 22 APM AIR-5: Dispose Materials at Nearest Port. Dispose of recovered anchors 23 and associated materials at the nearest port accepting these materials. 24 APM AIR-6: Low-Sulfur Fuel. All Project diesel-powered equipment used during 25 the Project shall use diesel fuel with a sulfur content of 15 parts per million (ppm) 26 or less. 27 c) Result in a cumulatively considerable net increase of any criteria pollutant for 28 which the Project region is non-attainment under an applicable federal or state 29 ambient air quality standard (including releasing emissions which exceed 30 quantitative thresholds for ozone precursors)? 31 Less than Significant Impact. The Project would result in a less than significant net 32 increase in criteria pollutant emissions for which the San Diego Air Basin is considered 33 non-attainment. Further, the Project's incremental contribution of emissions would not 34 be cumulatively considerable as it would not hinder progress towards attainment of 35 State and Federal ambient air quality standards. The Project is temporary, is not located 36 near areas of poor air quality (based on ambient air quality monitoring), and is located 37 near the beach/ocean which would allow for adequate dispersion of pollutants and 38 prevent accumulation of emissions. Therefore, the Project would not result in a Encina MOT Decommissioning Project MND 3-20 October 2015 Environmental Checklist and Analysis -Air Quality 1 cumulatively considerable net increase of any criteria pollutant for which the Project 2 region is non-attainment under an applicable Federal or State ambient air quality 3 standard, and this impact would be less than significant. 4 d) Expose sensitive receptors to substantial pollutant concentrations? 5 Less than Significant Impact. With regard to air pollutant impacts, sensitive receptors 6 are defined as people that have an increased sensitivity to air pollution or environmental 7 contaminants. Sensitive receptor locations include schools, parks and playgrounds, day 8 care centers, nursing homes, hospitals, and residential dwelling unit(s). The closest 9 sensitive receptors to the Project site are the residences located about 1 ,400 feet south 10 of the fuel oil submarine pipeline landfall (i.e., where the pipeline crosses the mean high 11 tide line) or 1,000 feet from the closest work area. The closest school to the Project site 12 is Jefferson Elementary School, located 0.95 mile north of the Project site. Sensitive 13 receptors are not anticipated to be exposed to substantial pollutant concentrations due 14 to the Project site's distance away from sensitive receptors, generally dispersed nature 15 of the Project's pollution sources, and adequate dispersion of pollutants by sea breezes. 16 Therefore, the Project is unlikely to expose sensitive receptors to substantial pollutant 17 concentrations, and this impact would be less than significant. 18 e) Create objectionable odors affecting a substantial number of people? 19 Less than Significant Impact. SDCAPCD Rule 51 and the California Health and 20 Safety Code prohibit emissions that would result in a nuisance to a considerable 21 number of persons. The exhaust of diesel-powered vessels and equipment to be used 22 by the Project may be considered an objectionable odor by some portion of the local 23 population; however, due to the location of the Project and distance from residential 24 areas, these odors would be highly dispersed prior to reaching local residences and 25 therefore would not be considered a nuisance. Therefore, it is unlikely that the Project 26 would create objectionable odors affecting a substantial number of people, and this 27 impact would be less than significant. 28 3.3.4 Mitigation Summary 29 The Project would not result in significant impacts to air quality; therefore, no mitigation 30 is required. The following APMs would be implemented to further reduce impacts. 31 • APM AIR-1: Air Emissions Compliance Program. 32 • APM AIR-2: Low-Emission Engines-Offshore. 33 • APM AIR-3: Low-Emission Engines-Onshore. 34 • APM AIR-4: Mobilize from Nearest Port. 35 • APM AIR-5: Dispose Materials at Nearest Port. 36 • APM AIR-6: Low-Sulfur Fuel. October 2015 3-21 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 site (approximately 1,000 feet east-northeast of the onshore fuel oil submarine pipeline) 2 and a 1-mile buffer. 3 The CECP site is highly disturbed and/or developed due to ongoing operations 4 within the existing Encina Power Station. The majority of the CECP footprint is 5 composed of bare ground or a combination of bare ground and gravel with scattered 6 ruderal vegetation. Plant species observed include iceplant (Carpobrotus edu/is), 7 tocalote (Centaurea melitensis), horseweed (Conyza sp.), black mustard (Brassica 8 nigra), fountain grass (Pennisetum setaceum), wild oat (Avena fatua), foxtail chess 9 (Bromus madritensis ssp. rubens), tree tobacco (Nicotiana glauca), western marsh- 1 0 rosemary (Limonium californicum), salt heliotrope (Heliotropium curasavicum), 11 buckwheat (Eriogonum sp.), and cudweed (Gnaphalium sp.). Eucalyptus 12 (Eucalyptus sp.) plantings occur along the northern and eastern perimeter of the 13 CECP site and serve as visual screens of the Encina Power Station. These plantings 14 are mature eucalyptus trees greater than 45 feet in height and of sufficient canopy 15 cover to potentially support nesting raptors. 16 Due to the frequency and intensity of disturbance from operation of the Encina 17 Power Station, the proposed CECP site does not provide habitat capable of 18 supporting a diverse assemblage of wildlife. Direct wildlife observations in the project 19 area include common species such as California ground squirrel (Spermophilus 20 beecheyi) and a variety of bird species typically found in disturbed and developed 21 areas such as house finch (Carpodacus mexicanus), northern mockingbird (Mimus 22 polyglottus), mourning dove (Zenaida macroura), rock dove (Columba Iivia), 23 European starling (Sturnus vulgaris), house sparrow (Passer domesticus), and 24 American crow (Corvus branchyrhynchos). Additional common bird species 25 observed within the proposed CECP site include Anna's hummingbird (Calypte 26 anna), black phoebe (Sayornis nigricans), common yel/owthroat (Geothlypis trichas), 27 and California towhee (Pipilo crissalis). 28 Vegetation 29 The fuel oil submarine pipeline corridor does not support terrestrial vegetation; however, 30 vegetation is present on Carlsbad State Beach between the surf zone and Carlsbad 31 Boulevard south of the pipeline corridor. Vegetation present in this area includes native 32 shrub species; these species are isolated from the beach by a concrete retaining wall. 33 Sensitive Habitats 34 The Agua Hedionda Lagoon (outer lagoon) is located approximately 300 feet north of 35 the fuel oil submarine pipeline corridor and is the source of cooling water for the EPS. 36 The lagoon has been dredged periodically to ensure adequate flow to the cooling water 37 inlet since 1954. The Lagoon supports special-status species such as the southwestern October 2015 3-23 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 pond turtle (Actinemys marmorata), white-faced ibis (P/egadis chiht), and western 2 snowy plover ( Charadrius alexandrinus nivosus) and provides foraging habitat for 3 American peregrine falcon (Falco peregrinus anatum) and osprey (Pandion haliaetus). 4 The estuarine and marsh habitat surrounding the lagoon provides suitable nesting 5 habitat for special-status species such as the California least tern (Sterna antil/arum 6 browm), elegant tern (Sterna e/egans), Belding's savannah sparrow (Passerculus 7 sandwichensis beldingt), California brown pelican (Pe/ecanus occidentalis), and coastal 8 California gnatcatcher (Polioptila californica ca/ifornica). 9 The EPS (including onshore portions of the MOT) is located within the boundary of the 10 City of Carlsbad's (2004) Habitat Management Plan (HMP), which guides local 11 implementation for the North County Multiple Habitat Conservation Program {MHCP) 12 {SANDAG 2003). The MHCP focuses on habitat preservation and enhancement for the 13 coastal California gnatcatcher, and designated Agua Hedionda Lagoon and adjacent 14 areas to the east as core habitat area. Critical habitat for the coastal California 15 gnatcatcher was finalized on December 19, 2007, but excluded habitat areas 16 immediately east of Agua Hedionda Lagoon as they are protected under the MHCP. 17 Special Status Species 18 Based on reviews of the California Natural Diversity Database, City of Carlsbad's HMP, 19 and other environmental documents prepared for projects in the area, several special 20 status species have the potential to occur in the vicinity of the EPS {Table 3.4-1 ). Table 3.4-1. Special Status Species that May Occur in EPS Vicinity .~4ll!t'·r. ·.\~~,t~··; ·r~i~(~(~,···.,~.;,;j:lr4lC!~~·. .~ .•. o .. ~~~~~ .. •:••• ···~~ !4j;,;,w;;~;(, }':"~~iw;'~1l, ~ ~·'~~)~~;(,, ''~"· . (C~.. ~~~\~9'~'tri~:j ~~~: California adolphia (Adolphia californica) CNPS List 2 Coast woolly-head (Nemacau/is denudata var. denudata) CNPS List 1 B Cliff spurge (Euphorbia misera) CNPS List 2 Orcutt's pincushion (Chaenactis glabriuscula ssp. orcuttiana) CNPS List 18 South Coast saltscale (Atriplex pacifica) CNPS List 18 Wart-stemmed ceanothus (Ceanothus verrucosus) CNPS List 2 Saltmarsh skipper butterfly (Panoquina errans) Special Animal San Diego fairy shrimp (Branchinecta sandiegonensis) FE Tidewater goby (Eucyclogobius newberryt) FE;CSC Southwestern pond turtle (Actinemys marmorata) esc American peregrine falcon (Falco peregrinus anatum) FP Belding's savannah sparrow (Passerculus sandwichensis beldingt) SE California brown pelican (Pelecanus occidentalis californicus) FP California least tern (Sterna antillarum browm) FE;SE;FP Coastal California gnatcatcher (Polioptila californica FT; esc Cooper's hawk (Accipiter coopen) WL Elegant tern (Sterna elegans) WL Light-footed clapper rail (Rallus longirostris levipes) FE;SE;FP Encina MOT Decommissioning Project MND 3-24 October 2015 Environmental Checklist and Analysis-Biological Resources Table 3.4-1. Special Status Species that May Occur in EPS Vicinity Osprey (Pandion haliaetus) WL Western snowy plover ( Charadrius alexandrinus nivosus) FT; esc White-faced ibis (Piegadis chiht) WL Pocketed free-tailed bat (Nyctinomops femorosaccus) esc Acronyms: CNPS =California Native Plant Society; CSC =California Species of Special Concern; FE= Federally Endangered; FP =Fully Protected; SE =State Endangered; WL =Watch List. 1 Most of the special-status species listed above have been reported in MHCP core 2 habitat areas, including Core #4 which includes Agua Hedionda Lagoon. The EPS, 3 including the onshore fuel oil submarine pipeline corridor, does not provide suitable 4 habitat for these species; however, a 1959 California Natural Diversity Database entry 5 reports that coast woolly-heads (Nemacaulis denudata var. denudate) were found on 6 the sandy beach near the EPS. It is unknown if this species has been found there 7 recently. In addition, the 2007 Western Snowy Plover Recovery Plan indicates that 8 snowy plovers bred along the shore of Agua Hedionda Lagoon prior to 2000, but have 9 not been found breeding at Carlsbad State Beach since. It is possible that the western 1 0 snowy plover may forage along Carlsbad State Beach during the non-breeding season 11 (September to February). 12 3.4.1.2 Marine Environment and Biology 13 The offshore area adjacent to the EPS is located within the larger biogeographic zone 14 known as the Southern California Bight (SCB), which encompasses approximately 15 22,000 square miles with boundaries that span from Point Conception, California, in the 16 north to Cabo Colnett, Baja California, in the south. The SCB has a high upwelling 17 index, (upward flowing current) between April and August, but geostrophic or wind- 18 driven flows may occur year round (City of Carlsbad 2005). 19 Descriptions of intertidal and subtidal habitats and biota provided below were derived 20 mainly from existing literature dated prior to 2005, and supplemented and updated by 21 information collected during a Project-specific biological resources survey performed by 22 Merkel & Associates (2013a). A copy of the Merkel & Associates survey report is 23 provided in Appendix I. 24 Intertidal Habitats and Biota 25 The beach habitat in the Project vicinity consists mainly of wave-swept sandy shores. 26 Sand cover on the beaches and in the nearshore varies seasonally. In the winter, 27 intertidal sand is transported offshore and the underlying cobble is exposed. 28 Additionally, riprap is present on the sand beach within the Project area, and covers the 29 intertidal portion of the fuel oil submarine pipeline. October 2015 3-25 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 Species common to the sandy beach include: air-breathing pill bugs (AIIoniscus 2 perconvexus), an isopod (Tylos punctatus), the amphipod beach hopper (Orchestoidea 3 californiana}, the mole crab (Emerita analoga), the opossum (mysid) shrimp 4 (Archaeomysis macu/ata), the polychaete worm (Euzonus mucronata), the bean clam 5 (Donax gouldt), and the Pismo clam (Tivela stu/forum) (City of Carlsbad 2005). 6 The California grunion (Leuresthes tenuis) is also a species common to the Project 7 area, with a range that extends from Point Conception, California, to Point Abreojos, 8 Baja California. Although this species inhabits nearshore waters (from the surf to a 9 depth of 60 feet), they leave the water at night to spawn on beaches during the spring 10 and summer months. For four consecutive nights, beginning on the nights of the full and 11 new moons, spawning occurs after high tides and continues for several hours. 12 Spawning occurs from March through August and occasionally in February and 13 September, with peak spawning occurring from late March to early June. In 1927, 14 . regulations were instituted that mandated a closed season for 3 months, from April 15 through June. In 1947, species abundance had improved and the closure was 16 shortened to April through May. This closure is still in effect to protect grunion during 17 their peak spawning period (CDFW 2014). 18 Except for the manmade riprap, the closest rocky intertidal habitat is located about 19 3,250 feet down coast (south) of the EPS discharge channel (the area between the 20 southern set of double jetties across from the Aqua Hedionda Lagoon), which is located 21 approximately 2,950 feet south of the riprap covering the fuel oil submarine pipeline. 22 Although a list of biota associated with that rocky intertidal habitat was not found, 23 studies on the north and south riprap jetties at the mouth of Agua Hedionda Lagoon 24 found species typical of southern California rocky intertidal habitats. Surf grass 25 (Phyl/ospadix spp.) was also observed on the north jetty riprap and on rock reefs 26 offshore of the EPS in water depths of 20 feet or less (Le Page and Ware 2001 ). 27 Subtidal Habitats and Biota 28 The sedimentary habitat continues offshore along the fuel oil submarine pipeline 29 corridor, however, rocky subtidal substrate to the north and south support kelp and 30 other macroalgae (City of Carlsbad 2005). Species listed by EA Engineering, Science, 31 and Technology (1997, cited in City of Carlsbad 2005) as associated with the subtidal 32 sand habitat within the vicinity of the EPS include: a polychaete (Prionospio pygmaeus), 33 a proboscis worm (Carinoma mutabilis), a sea spider (pycnogonid) (Callipallene 34 californiensis), two crustaceans (Mega/uropus sp. and Leptocuma forsmam), and the 35 sand dollar (Dendraster excentricus). Le Page and Ware (2001) completed a series of 36 spot dives offshore of the EPS and report a sedimentary (sand) bottom with the tube- 37 building worm Diopatra sp. present in approximately 18 feet of water at the two 38 locations closest to the existing fuel oil submarine pipeline. Encina MOT Decommissioning Project MND 3-26 October 2015 Environmental Checklist and Analysis-Biological Resources 1 The City of Carlsbad (2005) reports that fish associated with the sedimentary habitat 2 within the vicinity of the Project area include the speckled sanddab ( Citharichthys 3 stigmaeus), northern anchovy (Engrau/is mordax), queenfish (Seriphus politus), sand 4 bass (Paralabrax nebulifer), white croaker (Genyonemus lineatus), horneyhead turbot 5 (Pieuronichthys verticalis), and California halibut (Parafichthys californicus). No eelgrass 6 was reported within the subtidal sedimentary habitat. 7 Several sources of information document the location of rocky substrate and kelp in the 8 immediate Project area. Those sources include the City of Carlsbad Final EIR Precise 9 Development Plan and Desalination Project (City of Carlsbad 2005); the San Diego and 10 Orange County Region Nine Kelp Survey Consortium (reporting kelp conditions in 2011) 11 (MBC Applied Environmental Sciences 2012); the Encina Power Station Marine 12 Biological Resources Survey (reporting hard bottom and kelp conditions) (Merkel & 13 Associates 2013a); and the Cabrillo Power I LLC Encina Power Station Bathymetry and 14 Geophysical Survey (Fugro Pelagos, Inc. [Fugro] 2013) (documenting hard bottom and 15 kelp coverage). The findings from each source are discussed below. 16 As described in the City of Carlsbad Final EIR Precise Development Plan and 17 Desalination Project (City of Carlsbad 2005), the offshore and northward extension of 18 the intertidal rocky substrate south of the fuel oil submarine pipeline supports a 19 relatively large kelp bed; a smaller and seasonal kelp bed associated with the other rock 20 habitat within the Project area is located approximately 3,600 feet to the north of the 21 riprap covering the pipeline. 22 The San Diego and Orange County Region Nine Kelp Survey Consortium states that 23 kelp bed size and health varies considerably from year to year depending on a variety of 24 environmental factors including available light, sedimentation, nutrient pulses, grazing 25 by herbivores, storms, and the El Nino Southern Oscillation. The kelp canopy coverage 26 immediately offshore of the EPS, as measured between the years 1967 and 2011, 27 varied from 0 to just under 0.4 square kilometers, with the greatest coverage observed 28 in 2008. The average bed area per year for this kelp bed mirrored the other beds in the 29 San Diego region from 1967 through 2011, either generally reacting favorably or 30 negatively with large stimuli such as the La Nina and El Nino Southern Oscillations. 31 Figure 3.4-1 shows kelp coverage in the Project area as of December 2011 as reported 32 in the Status of the Kelp Beds 2011 for the San Diego and Orange County Region Nine 33 Kelp Survey Consortium (MBC Applied Environmental Sciences 2012). 34 In their biological resources survey report (Appendix 1), Merkel & Associates (2013a) 35 also identified the location of hard bottom and kelp in the Project area (Figure 3.4-2). 36 Their findings match those of Fugro's bathymetric and geophysical survey map (April 37 2013) with the exception that some areas at the southern limits of Fugro's survey map 38 are identified as kelp whereas Merkel & Associates identified these areas as bedrock. October 2015 3-27 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 The bathymetry and surficial features (kelp and hard bottom) as mapped by Fugro is 2 used as the base for the Project Site Map (Figure A1-1 in Appendix A). 3 Macrophytic brown algal taxa recorded within the rocky seafloor habitats offshore of the 4 EPS and within the kelp bed north of the Project site include the southern sea palm 5 (Eisenia arborea), feather boa kelp (Egregia /aevigata), oar weed (Laminaria farlowil), 6 and bladder chain kelp (Cystoseira osmundacea). Understory "turf algae," including 7 Dictyota flabellata and Rhodymenia californica, have also been recorded within these 8 kelp beds (City of Carlsbad 2005; Le Page and Ware 2001 ). 9 Kelp bed-associated epifauna (attached organisms) reported within the Project region 1 0 include invertebrates; the dominant species is the tube-building polychaete (Diopatra 11 ornata), but other species present include sea fans (Muricea californica and M. 12 fructicosa), a sea anemone (Anthopleura elegantissima), a tunicate (Stye/a 13 montereyensis), the dog or Kellet's whelk (Kelletia kelletit), and sea urchins 14 (Strongylocentrotus franciscanus and S. purpuratus). Encrusting species such as 15 bryozoans, other tunicates, sponges, and hydrozoans are also abundant (EA 16 Engineering, Science and Technology 1997 [as cited in City of Carlsbad 2005]; Le Page 17 and Ware 2001). 18 Several surveys cited in City of Carlsbad (2005) document the presence of fish species 19 associated with the kelp beds in the Project area, including kelp bass (Paralabrax 20 clathratus), sand bass (P. nebulifer), black surfperch (Embiotoca jacksom), kelp 21 surfperch (Brachyistius frenatus), white surfperch (Phaenerodon furcatus), black 22 surfperch (Embiotoca jacksom), California sheephead (Semicossyphus pulcher), rock 23 wrasse (Halichoeres semicinctus), senorita (Oxyjulis californica), and topsmelt 24 (Atherinops affinis). 25 Offshore Seafloor Habitat and Biota 26 A seafloor habitat mapping study using a side-scan sonar and ROV was completed 27 offshore the EPS in February 2013 in water depths ranging from approximately 10 to 28 120 feet mean lower low water (Merkel & Associates 2013a). Figure 3.4-2 shows the 29 survey area and a copy of the survey report is provided as Appendix I. 30 Sonar data were used to develop a seafloor habitat map and ground-truthing of the 31 interpreted habitats was completed using the ROV. Merkel & Associates (2013a) 32 reports that sedimentary habitat comprised 350 of the 387 acre survey area; the surficial 33 sediments consisted of fine sand throughout the survey area. Hard bottom habitat, 34 consisting of rock reefs, comprises the remaining 27 acres (7% of the survey area) as 35 shown in Figure 3.4-2. Along the southern boundary of the survey area, approximately 36 15 acres of bedrock reef habitat was recorded. Hard bottom substrate is present in Encina MOT Decommissioning Project MND 3-30 October 2015 Environmental Checklist and Analysis -Biological Resources 1 water depths ranging from -5 to -20 feet, with a small patch located approximately 1 00 2 feet south of the fuel oil submarine pipeline corridor (Merkel & Associates 2013a). 3 During the February survey, biologists were not able to detect surfgrass beds due to an 4 inability to access the shallow waters over the reef features. Merkel & Associates 5 (2013a) does, however, indicate that surfgrass on these reefs cannot be ruled out and 6 have been previously observed in this area. Surfgrass may also be present on the top of 7 the reef at the southeastern portion of the study area (Merkel & Associates 2013a). 8 Kelp beds documented in this survey are dominated by giant kelp (Macrocystis 9 pyrifera), which ranges from water depths of about -20 feet to -120 feet. Approximately 10 12 acres of kelp forest habitat was present along the southern boundary of the Merkel & 11 Associates' study area in water depths ranging from -20 to -45 feet. 12 In their report, Merkel & Associates (2013a) noted several species associated with 13 sedimentary habitat within the Project area at various water depths. At a water depth of 14 -25 feet, a sea pen (Stylatula elongata) and thornback ray (Piatyrhinoidis triseriata) were 15 recorded. In water depths up to 45 feet, lchthyofauna species were found, including the 16 Dover sole (Microstomus pacificus), longspine combfish (Zaniolepis latipinnis), Pacific 17 sanddab (Citharichthys sordidus), speckled sanddab (C. stigmaeus), and unidentified 18 rockfish (Sebastes spp.). In water depths between 45 and 75 feet, the black-eyed goby 19 (Coryphopterus nicholsit) and California lizardfish (Synodus lucioceps) were observed. 20 A variety of targets were detected from the sonar survey, including two exposed 21 sections of the fuel oil submarine pipeline: 22 • A 150-foot-long section, found at water depths ranging from 30 to 35 feet; and 23 • A 1 , 1 00-feet-long section, found between the 40-foot and 63-foot isobaths. 24 The relatively low relief of the fuel oil submarine pipeline and the adjacent sandy habitat 25 suggest that the pipeline is intermittently buried and exposed and is, therefore, unlikely 26 to support a diverse community of perennial marine organisms (Merkel & Associates 27 2013a). No kelp or other epibiota were observed on the exposed portions of pipeline. 28 The sonar survey also detected anchors and chain, which support some epibiota, 29 including tunicates, bryozoans, sponges, sea fans (Muricea spp.), and turf red algae 30 (Coral/ina spp.), but few perennial macroalgal species and no canopy-forming 31 macrophytic algae. Two juvenile lobsters (Panu/irus interruptus) and a black-eyed goby 32 were observed adjacent to one exposed anchor chain. Smaller isolated targets detected 33 by the sonar survey were also investigated. Most were biological, consisting of organic 34 material such as shells that had likely fallen off or had been scraped off of the surface 35 moorings. The debris piles typically consisted of mounds of mussel shells (Mytilus spp.), October 2015 3-31 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 which supported a number of small crustaceans, including unidentified crab and shrimp 2 species, and occasionally squid eggs (Merkel & Associates 2013a). 3 Sea Turtles 4 Sea turtles that may be found in the Project area include the leatherback sea turtle 5 (Dermachelys coriacea) and loggerhead sea turtle (Caretta caretta), both of which are 6 federally endangered species, and the green sea turtle (Chelonia mydas) and olive 7 ridley sea turtle (Lepidochelys olivacea), which are listed as Federally threatened 8 species. Additional information on these sea turtles and their status is provided in the 9 Project-specific Marine Wildlife Contingency Plan (MWCP) (Appendix F). 10 Marine Mammals 11 The area in and around the Project site supports local populations of marine mammals, 12 including bottlenose dolphins (Tursiops truncatus truncatus) (offshore and coastal 13 species), California sea lions (Zalophus californianus), and Pacific harbor seals (Phoca 14 vitulina richardst). The California gray whale (Eschrichtius robustus) may also be 15 present in the Project area as it migrates from Baja California to Alaska. Based on 16 abundance and zoogeographic distribution information, marine wildlife most likely to be 17 encountered by vessels during transit include the common dolphin (Delphinus de/phis), 18 Pacific white-sided dolphin (Lagenorhynchus ob/iquidens), bottlenose dolphin, California 19 sea lion, Pacific harbor seal, southern sea otter (Enhydra lutris nereis), and California 20 gray whale. All marine mammal species are fully protected under the Marine Mammal 21 Protection Act (MMPA), with additional protection to endangered and threatened 22 species under the Federal Endangered Species Act (FESA) and California Endangered 23 Species Act. The only endangered or threatened marine mammal species expected to 24 occur in and around the Project site is the southern sea otter, which is considered a 25 threatened species under the FESA. Additional information on the biology of these and 26 other marine wildlife is provided in the Project-specific MWCP (Appendix F). 27 Non-Native Aquatic Species 28 Non-native aquatic species (NAS), also known as non-indigenous aquatic species, 29 include plants, animals, and micro-organisms that have been introduced or transported 30 to new regions through various human activities. In coastal environments, commercial 31 shipping is the most significant vector for invasions, and vessel biofouling and ballast 32 water are considered the primary contributors of NAS. Once established, NAS can 33 cause significant ecological, economic, and human health problems in the receiving 34 environment, including altering the structure and function of ecosystems, causing 35 declines in native and commercial fisheries, and spreading human pathogens. The 36 California Department of Fish and Wildlife (CDFW) (formally California Department of 37 Fish and Game [CDFG]) recognizes 347 NAS with established populations in California Encina MOT Decommissioning Project MND 3-32 October 2015 Environmental Checklist and Analysis -Biological Resources Table 3.4-2. Laws, Regulations, and Policies (Biological Resources) • Fish and Game Code sections 3511 (birds), 4700 (mammals), 5050 (reptiles and amphibians), & 5515 (fish) designate certain species as "fully protected." Fully protected species, or parts thereof, may not be taken or possessed at any time without permission by the CDFW. • Fish and Game Code section 3513 does not include statutory or regulatory mechanism for obtaining an incidental take permit for the loss of non-game, migratory birds. CA Coastal Act Coastal Act policies applicable to this issue area are: Chapter 3 • Section 30230 states: Marine resources shall be maintained, enhanced, and policies (see where feasible, restored. Special protection shall be given to areas and also Table 1-2) species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes. • Section 30231 addresses biological productivity and water quality. • Section 30233, which applies in part to development activities within or affecting wetlands and other sensitive areas among other requirements, identifies eight allowable uses, requires that the proposed project be the least environmentally damaging feasible alternative, and where applicable, requires feasible and appropriate mitigation. • Section 30240 states: (a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas. 1 3.4.4.2 Local 2 The City of Carlsbad (2006) General Plan OSCE contains the following biological 3 resources-related goals, objective, and policy relevant to onshore Project activities. 4 • Goal A.1: A city that protects environmentally sensitive land and buffer areas. 5 • Goal A. 7: A city which makes every possible effort to preserve sensitive flora and 6 fauna. 7 • Objective 8.12: To ensure that whenever possible, new development does not 8 adversely impact sensitive environmental resources. 9 • Policy C.19: Preserve natural resources by: protecting fish, wildlife, and 10 vegetation habitats; retaining the natural character of waterways, shoreline 11 features, hillsides, and scenic areas and viewpoints; safeguarding areas for 12 scientific and educational research; respecting the limitations for air and water 13 resources to absorb pollution; encouraging legislation that will assist logically in 14 preserving these resources and, protecting archeological and paleontological 15 resources. Encina MOT Decommissioning Project MND 3-36 October 2015 Environmental Checklist and Analysis-Biological Resources 1 3.4.3 Impact Analysis 2 a) Have a substantial adverse effect, either directly or through habitat 3 modifications, on any species identified as a candidate, sensitive, or special 4 status species in local or regional plans, policies, or regulations, or by the 5 California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 6 Terrestrial Biology 7 Less than Significant Impact. Decommissioning and abandonment activities on land 8 would mostly be limited to developed areas (mostly paved) within the EPS, the fuel oil 9 submarine pipeline corridor under Carlsbad Boulevard, and the beach. While several 10 special-status species have been reported in MHCP core habitat areas, the EPS and 11 onshore pipeline corridor do not provide suitable habitat for these species; however, two 12 species have been reported in the Project's vicinity: the coast woolly-head and western 13 snowy plover. 14 A 1959 entry in the California Natural Diversity Database reports that coast woolly- 15 heads were found on the beach near the EPS; however, due to scouring/deposition by 16 tides and storm waves, no suitable habitat for this species is apparent on the beach; 17 therefore, there would be no loss of suitable habitat for coast woolly-head. As a result, it 18 is unlikely that the Project would have a substantial adverse effect on the coast woolly- 19 head1 and this impact would be less than significant. 20 The 2007 Western Snowy Plover Recovery Plan indicates that this species has not 21 been found breeding at Carlsbad State Beach. The area, however, provides potential 22 foraging habitat for the species. Because foraging opportunities are limited by existing 23 human activities at Carlsbad State Beach and Project activities on the beach would be 24 short-term (5 months), it is unlikely that the Project would have a substantial adverse 25 effect on the western snowy plover, and this impact would be less than significant. 26 Marine Biology 27 Grunion Spawning 28 Less than Significant Impact. The Project has the potential to impact grunion 29 spawning habitat. Grunion spawning occurs from March through August and 30 occasionally in February and September, with peak spawning in late March to early 31 June (CDFW 2014). Due the abundance of grunion spawning habitat elsewhere in the 32 region and the scheduling of beach segment decommissioning activities during most of 33 the non-grunion spawning periods, the impact to grunion habitat is considered less than 34 significant. Although impacts to grunion are considered less than significant, 35 decommissioning of the beach and surf zone segments is scheduled to begin in 36 September and may overlap with the end of the grunion spawning season. To further October 2015 3-37 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Biological Resources 1 reduce the potential for impacts and ensure they remain less than significant, the 2 following APMs would be implemented. 3 APM 810-1a: Grunion Avoidance. Intertidal activities will be scheduled outside 4 of the grunion spawning season, which is generally three or four nights after the 5 highest tide associated with each full or new moon and then only for a 1-to 3- 6 hour period each night following high tide from late February or early March to 7 August or early September. 8 APM 810-1 b: Grunion Surveys and Avoidance. If scheduling is not possible 9 under APM BI0-1 a, intertidal grunion surveys will be conducted during grunion 10 spawning tidal periods to document that grunion have not used the site. Intertidal 11 activities shall not occur if grunion spawning is observed in the Project area. 12 Marine Vessel and Marine Wildlife Interaction 13 Less than Significant with Mitigation. Project-related vessel activity in the Project 14 area and to and from the Project's shore base would increase the probability of marine 15 vessel and marine wildlife interactions, including collisions. The shore base for offshore 16 marine operations is unknown at this time; however, the most likely local embarkation 17 point would be Oceanside Harbor due to its proximity to the Project area. If dockage 18 cannot be found there, however, the shore base may be located in the Port of Long 19 Beach, Port of Los Angeles, or Unified Port of San Diego. Marine mammals are 20 expected to be present within the Project area's marine waters throughout the year. 21 Currently, Project activities are scheduled to avoid the gray whale migration period 22 (December through May) with the exception of the certain phases/tasks associated with 23 decommissioning the offshore segment, which would extend into the beginning of 24 January. Potential impacts to marine wildlife from interactions with Project vessels (e.g., 25 harassment or strikes) during transit are considered possible, though unlikely. 26 To ensure that potential vessel-related impacts to marine wildlife as a result of Project 27 activities are avoided or minimized to less than significant, the following measure would 28 be implemented. 29 MM 810-1: Marine Wildlife Contingency Plan (MWCP). A MWCP shall be 30 prepared for review and approval by California State Lands Commission staff 31 prior to the commencement of decommissioning activities. The MWCP shall 32 include, but not be limited to, the following elements: 33 • Description of the pre-decommissioning training seminar that will be 34 provided to educate Project personnel on identifying marine wildlife in the 35 Project area and to provide an overview of the wildlife mitigation measures 36 to be implemented; 37 • Qualifications, number, location, and authority of onboard Marine Wildlife 38 Monitors (MWMs); Encina MOT Decommissioning Project MND 3-38 October 2015 Environmental Checklist and Analysis -Biological Resources 1 • Acoustic safety zone radius that will be enforced by the MWMs during 2 dynamic pipe ramming activities; 3 • Distance, speed, and direction transiting vessels will maintain when in 4 proximity to a marine mammal or reptile; 5 • Discussion of how impacts associated with marine wildlife entanglement in 6 Project vessel anchor lines will be minimized; and 7 • Observation recording procedures and reporting requirements in the event 8 of an observed impact to marine wildlife. 9 Marine Wildlife Anchor Line Entanglement 10 Less than Significant with Mitigation. Once on site, Project vessels would be 11 anchored during MOT decommissioning, creating the potential for marine wildlife 12 entanglement in Project-associated anchor lines. However, with the implementation of 13 MM 810-1, the potential for marine wildlife entanglement in anchor lines would be 14 reduced to less than significant. 15 Underwater Noise Impacts from Dynamic Pipe Ramming 16 If conventional removal methods are not successful in removing the surf zone segment 17 of the fuel oil submarine pipeline, dynamic pipe ramming (DPR) may be employed, 18 which may result in significant underwater noise impacts to marine wildlife. (DPR uses a 19 hammer that is pneumatically or hydraulically powered to drive [push] or extract [pull] an 20 attached section of the pipeline.) As a result, Greeneridge Sciences, Inc. (Greeneridge) 21 was contracted to perform an evaluation of DPR's potential acoustic impacts on marine 22 wildlife (Grebner and Kim 2015; Appendix J), which serves as the basis for the acoustic 23 impact analysis described below.9 24 Greeneridge reported that the acoustic propagation conditions at the MOT site suggest 25 that sound levels will decrease relatively rapidly with increasing range from the DPR 26 source. Further, DPR operations are expected to be short-term and only last 27 approximately four hours. Additional noise insulation would occur from the concrete 28 coating around the pipeline and because much of the fuel oil submarine pipeline within 29 the surf zone segment is buried. Although no published data are available on the sound 30 levels and frequency composition of DPR, the physical characteristics of DPR are 31 similar to vibratory pile driving, which were used by Greeneridge to provide a qualitative 32 evaluation of potential acoustic impacts on marine wildlife. A quantitative evaluation was 33 not provided because, even assuming vibratory pile driving is a reasonable proxy for 9 Greeneridge's acoustic impact analysis is based on the National Marine Fisheries Service's (NMFS) current acoustic thresholds. The acoustic safety zone to be implemented during DPR activities will reflect NMFS's updated and finalized acoustic thresholds (anticipated in late 2015). Refer to the following section, Marine Mammals, for more information. October 2015 3-39 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 DPR, the limited and highly variable acoustic measurements available for vibratory pile 2 driving prohibit meaningful quantitative estimates of sound produced for comparison to 3 regulatory standards for acoustic impacts to marine wildlife. 4 As described in Greeneridge's report, the vibratory pile driving proxy showed sound 5 energy over a broad range of frequencies. The highest sound pressure level (SPL) was 6 about 180 decibels (dB) referenced to (re) 1 micropascal (IJPa)10 (root-mean-square 7 [rms]1 1), for the one-third octave band centered at 1 kilohertz (kHz). The frequency 8 range from 400 Hertz (Hz) to 3 kHz is a region of high-energy for vibratory pile driving, 9 with received levels of 170 dB re 1 IJPa (rms) or more. Within a wider frequency range 10 from 200Hz to 10kHz, received levels exceeded 160 dB re 1 IJPa (rms). 11 The hearing ranges of all marine species examined in the Greeneridge report shared 12 some degree of overlap with the sound frequencies produced by the pile driver proxy. 13 Some species (baleen whales, pinnipeds, and birds) showed extensive overlap in 14 hearing sensitivity with the proxy, while others (dolphins, fishes, and sea turtles) showed 15 more limited overlap. Potential impacts to marine species are dependent on sound 16 source levels and frequencies, animal hearing sensitivity, proximity to the sound source, 17 noise duration, and time of operation. 18 Hearing sensitivities of marine species vary depending upon their anatomy and 19 physiology. For example, some species, such as marine mammals, seem to be more 20 sensitive to the sound pressure component of sound, while some fish appear to be 21 more sensitive to the particle motion component of sound. Additionally, a species' 22 hearing sensitivity to sound also varies depending upon the frequency of the sound, 23 since not all marine species hear equally well at all frequencies. Potential acoustic- 24 related impacts associated with DPR on marine species found within the Project area 25 are discussed below. 26 Marine Mammals 27 Less than Significant with Mitigation. The National Marine Fisheries Service (NMFS), 28 a division of the National Oceanic and Atmospheric Administration (NOAA), has 29 identified acoustic threshold (received sound level) criteria above which marine 30 mammals are predicted to experience changes in their hearing sensitivity, either 31 permanent or temporary hearing threshold shifts. Physiological responses such as 32 auditory or non-auditory tissue injuries are known as Level A Harassment in the MMPA 33 and harm in the FESA. Level A Harassment becomes a concern when the sound levels 34 from human-made sounds reach or exceed the acoustic threshold associated with 10 1 IJPa is the reference sound pressure for sound in water. 11 Root-mean-square (rms) is the average of the squared sound pressure over some duration. Encina MOT Decommissioning Project MND 3-40 October 2015 Environmental Checklist and Analysis -Biological Resources 1 Greeneridge found that low-frequency cetacean hearing overlaps with the entire higher 2 energy region of the pile driver proxy. As noted in the Greeneridge report, gray whales 3 are a low-frequency cetacean species likely to occur in the MOT area during 4 decommissioning activities, and as such, could be impacted by DPR. During their 5 southern migration, gray whales are abundant and often visible in nearshore waters 6 from Monterey Bay to San Diego; offshore San Diego, gray whales usually swim within 7 6.2 miles (1 0 kilometers) of the coast. If DPR were to occur during their southern 8 migration, gray whales have the potential to be exposed to the maximum energy levels 9 emitted. If the vibratory pile driving characteristics of the proxy (e.g., frequency range 10 and sound levels) is a close approximation to the actual unknown DPR emissions at the 11 MOT location and gray whales are within 6.2 miles of shore, then behavioral impacts 12 are potentially a concern. Proximity to the sound source is important for this species; 13 however, impacts due to sound duration should be temporary since these whales are 14 predominantly migrating and should not be deterred by any short divergences from their 15 path, especially with a human-made sound nearshore. Outside of the December to mid- 16 February timeframe, gray whales should not be impacted because they typically swim 17 further offshore or are absent from the area. Presently, the Project is scheduled to avoid 18 the gray whale migration season with the exception that offshore operations extend into 19 the early part of January. As a result, there is the potential for DPR to significantly 20 impact gray whales. Given the information above and the temporary use of DPR 21 (approximately 4 hours), the implementation of MM 810-1 and the following measures 22 would ensure that potential impacts to gray whales and other low-frequency cetacean 23 species are avoided or mitigated to less than significant. 24 MM 810-2: Dynamic Pipe Ramming (DPR) Soft-Start and Ramp-Up 25 Procedure. The contractor conducting DPR operations shall begin the procedure 26 at a reduced level and repeat the sound producing activity, gradually increasing 27 the intensity of the operation prior to initiating normal construction levels. The 28 duration of the ramp-up during Project operations shall be determined by a 29 qualified marine biologist and based upon the findings of a sound source 30 characterization study for DPR. This procedure will be used any time DPR 31 operations are initiated. 32 MM 810-3: Dynamic Pipe Ramming (DPR) Sound Source Characterization. 33 Prior to DPR operations, a marine acoustics specialist shall be retained to 34 conduct underwater noise measurements during a trial operation of the 35 equipment at the Project site. In coordination with the National Oceanic and 36 Atmospheric Administration (NOAA), the results of the underwater noise 37 measurements shall be used to determine preclusion radii for marine wildlife 38 (mammals and reptiles) safety during DPR operations based on NOAA's acoustic 39 thresholds in place at the time of Project operations for permanent and temporary 40 threshold shifts. A copy of the sound source characterization shall be provided to 41 California State Lands Commission staff and NOAA within 2 weeks of 42 completion. Encina MOT Decommissioning Project MND 3-42 October 2015 Environmental Checklist and Analysis -Biological Resources 1 The sound source characterization for DPR would likely be conducted immediately prior 2 to Project operations using DPR since the DPR equipment would be onsite. 3 MM 810-4: Marine Wildlife Monitoring During Sound Source 4 Characterization and Dynamic Pipe Ramming (DPR). Qualified marine wildlife 5 monitors (MWMs) shall be onsite and present throughout sound source 6 characterization and DPR operations. Once the marine wildlife preclusion radii 7 (i.e., safety zone) have been determined, MWMs shall be located such that 8 he/she has a clear view of the marine waters within the safety zone and beyond. 9 The MWMs shall indicate that a designated safety zone is clear of marine wildlife 10 (mammals and reptiles) prior to the start of DPR operations and shall have the 11 authority to stop DPR operations if marine wildlife are observed at any time within 12 the safety zone. The initial safety zone to be implemented during sound source 13 characterization will be 1,000 feet. The initial safety zone will be revised to reflect 14 new thresholds for permanent and temporary threshold shifts (PTS and TTS) 15 should they be finalized by the National Oceanic and Atmospheric Administration 16 prior to Project operations. The safety zone to be implemented during DPR will 17 be modified as necessary based on the sound source characterization results 18 and will reflect the PTS and TTS thresholds in place at the time of Project 19 operations. 20 As indicated above, a 1 ,000-foot safety zone would be implemented during sound 21 source characterization. This safety zone is based upon a conservative model of 22 acoustic propagation for the DPR proxy provided by Greeneridge, which indicates that 23 the safety radii for a received level of 180 dB re 1 IJPa is 260 m or 853 feet. 24 Greeneridge found that mid-frequency cetacean hearing only partially overlaps the 25 frequency range of the pile driver proxy, so impacts to mid-frequency cetaceans are 26 expected to be minimal, except for the coastal bottlenose dolphin. Both the common 27 and Pacific-white sided dolphins are expected to be found along or seaward of the 100- 28 fathom curve (i.e., region where water depth is 600 feet or more), which is several 29 kilometers from the sound source at the MOT location. While these dolphins may detect 30 the DPR, the impact is expected to be low. These two species also forage at night when 31 presumably construction operation would cease. The coastal bottlenose dolphin spends 32 most of its time within 1,640 feet of shore and shoreward of the MOT location. The pile 33 driver proxy sound levels are highest at approximately 1 kHz, which is a region of low 34 hearing sensitivity in bottlenose dolphins. Meanwhile, the region of the dolphins' 35 greatest sensitivity (approximately 10 kHz) corresponds to frequencies at which the 36 energy content of the pile driving is low. If these coastal dolphins are in the area, their 37 foraging, communication, and normal swimming trajectories could be impacted, as well 38 as vocal communication masked. Given the information above and the temporary use of 39 DPR (approximately 4 hours), along with the implementation of MM 810-1, MM 810-2, 40 MM 810-3, and MM 810-4, potential impacts to mid-frequency cetaceans likely to be 41· found near the MOT would be avoided or mitigated to less than significant. October 2015 3-43 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 Greeneridge did not identify any high-frequency cetaceans in or near the Project area 2 that would temporally or spatially overlap with DPR activities; however, the 3 implementation of MM BI0-1, MM BI0-2, MM BI0-3, and MM BI0-4 would ensure that 4 potential impacts to any high-frequency cetaceans near the MOT are avoided or 5 mitigated to less than significant. Greeneridge also found that the hearing ranges for 6 both the harbor seal and California sea lion overlap the entire frequency range of the 7 pile driver proxy. Furthermore, the highest sound levels for the pile driver proxy overlap 8 frequencies at which pinniped hearing is most sensitive. Harbor seals and California sea 9 lions that may be seen near the MOT location are likely local inhabitants that swim close 10 to shore. Both the sound level and duration of exposure to DPR would increase the 11 impact on these pinnipeds. While pinnipeds are capable of swimming away from the 12 Project site, some animals may remain if the immediate area is their habitat or they may 13 be disoriented by the sound. As a result, DPR could result in a potentially significant 14 impact to harbor seals and California sea lions. Given the information above and the 15 temporary use of DPR (approximately 4 hours), along with the implementation of MM 16 BI0-1, MM BI0-2, MM BI0-3, and MM BI0-4, potential impacts to pinnipeds found near 17 the MOT would be avoided or mitigated to less than significant. 18 Sea Turtles 19 Less than Significant with Mitigation. Sea turtles appear to be sensitive to low- 20 frequency sounds with a functional hearing range of approximately 100 Hz to 1.1 kHz. It 21 has been suggested that sea turtle hearing thresholds should be equivalent to TTS 22 thresholds for low-frequency cetaceans when animals are exposed to impulsive (e.g., 23 impact pile driving) and non-impulsive (e.g., vibratory pile driving, DPR) anthropogenic 24 sounds. However, more recently, the Acoustical Society of America standards 25 committee suggested that sea turtle hearing was probably more similar to that of fishes 26 than marine mammals. Turtles have been presumed to have the same thresholds as 27 those fishes with swim bladders not involved in hearing. Thus, sea turtle mortality and 28 mortal injury would be expected at sound levels greater than a SELcum of 210 dB re 1 29 1-1Pa2-s and a SPL of 207 dB re 1 1-1Pa (peak) (see Appendix J for more information). 30 With respect to sea turtles, Greeneridge found that there is overlap between the hearing 31 range of sea turtles and the sound frequencies produced by the pile driver proxy, but 32 the proxy's frequency of maximum energy (1 kHz) is at the upper end of their hearing 33 range, where their ability to detect the sound is expected to be poor. The sound level 34 and duration of exposure are likely important components for sea turtles since they are 35 slow swimmers and it would take longer for them to leave an area. Leatherback sea 36 turtles may be the most impacted by noise exposure due to their broader hearing range 37 (i.e., 200 Hz to 1 kHz); however, the likelihood of this species being in the MOT area is 38 very low. Some potential responses of sea turtles to human-made sounds include 39 increased surface time, decreased foraging, displacement, and startle reactions. 40 Leatherback sea turtles are an endangered species wherever they are found, and both Encina MOT Decommissioning Project MND 3-44 October 2015 Environmental Checklist and Analysis-Biological Resources 1 green and olive ridley sea turtles are threatened species, so extra precautions and 2 potential mitigation are warranted if they enter the area. As a result, DPR could result in 3 a potentially significant impact to sea turtles found near the MOT. Given the information 4 above and the temporary use of DPR (approximately 4 hours), along with the 5 implementation of MM BI0-1, MM BI0-2, MM BI0-3, and MM BI0-4, impacts to sea 6 turtles would be avoided or mitigated to less than significant. 7 Fish 8 Less than Significant. Hearing capabilities vary considerably between fish species and 9 within fish groups. Fish species within a group may also differ substantially in terms of 10 their hearing structures. Fishes hear when hair cells are directly stimulated by particle 11 motion in the water. Some fishes also have swim bladders or other air sacs that can 12 detect and convert the pressure component of a sound field into particle motion, which 13 directly stimulates the inner ear, allowing the fishes to detect sound. The majority of 14 fishes are hearing generalists, which usually only hear sounds up to 1.5 kHz. Hearing 15 specialists, some of which can hear sounds up to 3 to 4 kHz or more, have adaptations 16 that lower their hearing threshold,, thereby enhancing their ability to detect sounds in 17 their hearing range (Popper 2003; Hastings and Popper 2005). For instance, unlike 18 hearing generalists, whose primary hearing is provided by direct stimulation of the inner 19 ear, hearing specialists have evolved several mechanisms to acoustically couple the 20 swim bladder to the middle ear. Specializations that enhance hearing vary among 21 species and may include an extension of the swim bladder, a direct mechanical 22 connection between the swim bladder and inner ear, or a separate bubble of gas near 23 the ear (Ramcharitar et al. 2001; Hastings and Popper 2005; Popper et al. 2014). 24 Mortality and injury to fish as a result of sound varies depending upon the anatomy and 25 physiology of the fish. For example, mortality and potential mortal injury thresholds for 26 fishes with swim bladders are lower than for fishes without swim bladders. 27 The only U.S. regulatory guidelines for the effects of sound on fish were developed by 28 the Fisheries Hydroacoustic Working Group, which stated a SPL of 206 dB re 1 JJPa 29 (peak) for the onset of physiological effects of pile driving on fish. In 2014, the 30 Acoustical Society of America developed guidelines for sound exposure criteria for fish 31 and grouped them into four categories: (1) fish with no swim bladder; (2) fish with a 32 swim bladder not involved in hearing; (3) fish with a swim bladder involved in hearing; 33 and (4) eggs and larvae. These guidelines suggest that mortality and mortal injury 34 would be expected for fish with swim bladders and eggs and larvae at sound levels 35 greater than a cumulative sound exposure level (SELcum)12 of 210 dB re 1 JJPa2-s and a 36 SPL of 207 dB re 1 JJPa (peak). For fish with no swim bladders, mortality and mortal 12 The cumulative sound exposure level (SELcum) is the total cumulative energy received by an organism or object over time in a sound field. October 2015 3-45 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 injury would be expected at sound levels greater than a SELcum of 219 dB re 1 IJPa2-s 2 and a SPL of 213 dB re 1 tJPa (peak). A discussion of these guidelines is provided in 3 the report prepared by Greeneridge and is provided as Appendix J. 4 It is thought that the fishes in the Pacific Ocean are mostly hearing generalists (Hastings 5 and Popper 2005). Hearing thresholds for fish that may be in the Project area (e.g., 6 blackeye goby, sand bass, kelp bass, white croaker, northern anchovy) partially overlap 7 with the frequency region of high energy for the pile driver proxy (Appendix J, Table 4, 8 provides impact pile driving exposure criteria for fishes). Considering hearing sensitivity 9 alone, the northern anchovy, a hearing specialist, would be able to detect the highest 1 0 energy levels of the pile driver proxy and may be the most sensitive to sound levels 11 emitted by DPR. However, fish injuries are more related to particle motion than pressure 12 and increased sound levels may affect sensory cilia located along their bodies and in 13 their inner ears. In general, fishes are especially sensitive to sound and those within 14 close proximity to a loud or prolonged sound source may be impacted by death, hearing 15 loss, and non-auditory tissue damage. Non-fatal responses of fish to sound include 16 changes in swimming behavior, water column position, and schooling patterns, and may 17 also elicit startle responses, area evacuation, and freezing in place reactions. Since 18 fishes have such diverse ecologies, both the sound level exposure and duration would 19 be important to the overall fish environment in the MOT area. In the case of DPR 20 operations at the Project site, it is possible that fishes, depending upon their proximity to 21 the noise source, may be fatally injured or exhibit non-fatal responses such as moving 22 further away from the sound source. Because DPR activities would be temporary 23 (approximately 4 hours) and there are no protected fish species in the Project area, this 24 impact is considered less than significant. 25 Birds 26 Less than Significant. According to the Greeneridge report, compared to other 27 vertebrates, birds have relatively consistent auditory structures and hearing capabilities 28 regardless of size. The center-frequency and high-frequency limits of bird hearing, 29 however, are inversely proportional to the bird's size and weight. On average, a bird's 30 hearing ranges from 500Hz to 6kHz, with some exceptions, and no birds are known to 31 hear over 15kHz. There is only extremely limited information on diving bird sensitivity to 32 sound underwater; therefore, the discussion of bird hearing and impacts presented in 33 the Greeneridge report is derived from in-air audiograms. Additionally, there are no 34 underwater acoustic guidelines for diving birds. 35 The frequency regions of high-energy levels for the pile driver proxy coincide with the 36 greatest in-air hearing sensitivity for diving birds (1 to 3 kHz) and for birds, in general 37 (approximately 1 to 4 kHz). Diving birds are especially vulnerable approaching a sound 38 source not only because birds have higher thresholds of hearing (i.e., less sensitive 39 hearing) than humans, but also because the sound-reflecting nature of the air-sea Encina MOT Decommissioning Project MND 3-46 October 2015 Environmental Checklist and Analysis -Biological Resources 1 interface tends to trap waterborne sounds beneath the sea surface. Birds are likely to 2 detect lower-level DPR sounds only shortly before encountering the support vessel, and 3 there likely would be few or no indicators of underwater DPR noise until a bird lands 4 upon or dives into the water. Birds on the water or diving in the area have the potential 5 to be exposed to the maximum sound energy from DPR. Near a pile driving site off 6 Point Lorna, CA, least tern counts were lower on days with pile driving compared to 7 days without pile driving. Potential indicators of behavioral stresses due to noise on 8 birds may include a startle response, difficulty detecting prey or predators, masking of 9 communication sounds, physical displacement, and changing breeding or nesting sight 1 0 locations. Awareness of bird species and their responses are especially important since 11 some of the birds in the area are listed as threatened or endangered species. As stated 12 in the Greeneridge report, since the duration of underwater sound exposure for diving 13 birds is expected to be short, TTS and PTS resulting from DPR are unlikely. Impacts to 14 birds above water would likely be limited to startle responses and avoidance of the area 15 during DPR. Further, DPR operations are scheduled to occur outside of the bird 16 breeding and nesting season (February through July), so breeding and nesting activities 17 would not be impacted. Given the information above and the temporary use of DPR 18 (approximately 4 hours), this impact is considered to be less than significant. 19 Underwater Noise Impacts from Pre-and Post-Decommissioning Surveys 20 Less than Significant with Mitigation. Pre-and post-decommissioning seafloor debris 21 surveys would be conducted utilizing geophysical survey equipment (a side-scan sonar 22 or equivalent) within the Project area. The purpose of the pre-decommissioning survey 23 is to provide a baseline image of the seafloor that can be used to check against the 24 results of a post-decommissioning survey to ensure that any decommissioning-related 25 debris is identified and recovered. The post-decommissioning survey would aid in 26 identifying targeted debris items that were missed or may have resulted from offshore 27 decommissioning operations. 28 These surveys would require the use of a marine vessel and geophysical equipment 29 that generate noise during the data acquisition. MM 810-5 requires the Applicant to 30 obtain a geophysical survey permit through the CSLC's Low-Energy Offshore 31 Geophysical Permit Program (OGPP). The OGPP requirements include the protection 32 of marine wildlife from potential noise impacts associated with such surveys. A separate 33 MWCP would be prepared for these surveys to meet the OGPP requirements and 34 include, at a minimum, information on the following: 35 • Survey location, schedule, and proposed survey track lines; 36 • Survey vessel(s); 37 • Survey equipment (e.g., frequency, source level); 38 • Safety zones; October 2015 3-47 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 • Qualifications, number, location, and authority of onboard MWMs; 2 • Information on marine wildlife that may occur in the proposed survey area; 3 • Distance, speed, and direction transiting vessels would maintain when in 4 proximity to a marine mammal or reptile; 5 • Observation recording procedures and reporting requirements in the event of an 6 observed impact to marine wildlife; and 7 • Other site-specific considerations relevant to the survey design. 8 With the inclusion of MM 810-5, noise impacts associated with the pre-and post- 9 decommissioning seafloor debris surveys would be reduced to less than significant. 1 0 MM 810-5: Pre-and Post-Decommissioning Seafloor Debris Survey and 11 Debris Removal. The offshore work shall begin and end with seafloor debris 12 surveys. The Applicant's contractor shall perform a side-scan sonar (with 400% 13 coverage) and bathymetric survey, or multi-beam sonar survey, of the 14 underwater worksite prior to the arrival of the contractor's marine equipment 15 spread at the worksite. The survey shall encompass the entire underwater 16 worksite bordered by the contractor's planned derrick barge anchorages plus an 17 offset of approximately 500 feet. Derrick barge anchorages shall be positioned to 18 avoid rock outcroppings and kelp beds. A map shall be produced by the surveyor 19 and shall serve as the baseline for the seafloor conditions at the underwater 20 worksite prior to the start of work. 21 All surveys employing low-energy geophysical equipment, including remotely 22 operated vehicle surveys, must be conducted by an entity holding a valid 23 geophysical survey permit under the California State Lands Commission's 24 (CSLC) Low-Energy Offshore Geophysical Permit Program (see 25 www.slc.ca.gov/Programs/OGPP .html). Therefore, the Applicant shall obtain a 26 valid Permit prior to initiating the surveys. 27 After decommissioning work is complete, the contractor shall be required to 28 perform a second side-scan sonar (with 400% coverage) and bathymetric survey 29 in the same underwater work area. The surveyors shall again produce a map of 30 the survey area and use it to identify any items of seafloor debris introduced into 31 the underwater worksite by decommissioning operations. The contractor shall 32 remove all debris, if any, related to the offshore tanker berth facilities and 33 operations and the decommissioning work. 34 The Applicant shall provide: (1) the pre-decommissioning survey map to CSLC 35 staff and permitting agencies for approval at least 60 days prior to Project 36 implementation; and (2) the post-decommissioning map to CSLC staff within 30 37 days of survey completion for agency sign-off. Encina MOT Decommissioning Project MND 3-48 October 2015 Environmental Checklist and Analysis-Biological Resources 1 b) Have a substantial adverse effect on any riparian habitat or other sensitive 2 natural community identified in local or regional plans, policies, regulations or by 3 the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 4 Terrestrial Environment 5 Less than Significant. The EPS is located within the boundary of the City of Carlsbad's 6 HMP, which guides the local implementation of the North County MHCP. The North 7 County MHCP focuses on habitat preservation and enhancement for the California 8 gnatcatcher, and Agua Hedionda Lagoon (located approximately 300 feet north of the 9 fuel oil submarine pipeline) and adjacent areas to the east have been designated as 10 core habitat areas for this species. The Agua Hedionda Lagoon also supports special- 11 status species; however, the EPS and onshore fuel oil submarine pipeline do not 12 provide suitable habitat for these species, except for the coast-woolly head and western 13 snowy plover described in item a), where the Project was found to have a less than 14 significant impact on these two species. Given the information above and in item a), the 15 Project would not have a substantial adverse effect on any riparian habitat or other 16 sensitive natural community, and this impact would be less than significant. 17 Marine Environment 18 The marine environment is considered to be a sensitive resource and is protected, as 19 described in Section 3.4.2, through the implementation of the California Coastal Act, 20 MLPA, MSA, and other regulations specific to particular species, including marine 21 species. Hard bottom habitat in the Project area is considered a sensitive marine 22 community because it is one of the least abundant benthic habitats along the southern 23 California coast, yet is among the most important habitats for rockfish and other marine 24 species. Additionally, hard bottom substrate provides a base for kelp stands, which in 25 turn provide nurseries, feeding grounds, and shelter to a variety of marine species. 26 Potential Seafloor/Hard Bottom Disturbance and Debris 27 Less than Significant with Mitigation. During the removal of Project infrastructure 28 (e.g., anchors, chains, fuel oil submarine pipeline) from the sea floor, ocean sediments 29 would be disturbed, mixing with the water column and creating turbidity. As these 30 sediments precipitate, they may be redistributed onto rocky substrate in the Project area 31 and cover bottom-dwelling organisms. Increased turbidity may also temporarily interfere 32 with light penetration and photosynthesis in nearby kelp beds, while changes in water 33 clarity may temporarily reduce the suitability of the water for habitation by fish. However, 34 these impacts are expected to be short-term, limited in areal extent, and similar to 35 turbidity generated by storm waves. Other sedimentary habitat alteration could occur if 36 pieces of concrete coating fall off of the fuel oil submarine pipeline. To ensure that October 2015 3-49 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 pieces of concrete and other debris are not left on the seafloor, MM 810-5 would be 2 implemented to mitigate the potential impact to less than significant. 3 The Project may also result in the loss of hard bottom associated with the temporary 4 removal of the riprap groin on the beach. This temporary removal of riprap for the 5 excavation of the fuel oil submarine pipeline is considered less than significant as this 6 habitat is routinely scoured and supports an epibiota that is common throughout the 7 region on similar substrates. Hard bottom habitat may also be lost due to the removal of 8 the pipeline (exposed/non-buried segments) and the associated mooring anchors and 9 chains; however, this would be a less than significant impact due to their limited size 10 and habitat value. 11 Placement of anchors and/or anchor lines from Project-related vessels may also result 12 in potential damage to sensitive rocky habitat and kelp beds. To ensure that impacts to 13 sensitive rocky habitat and kelp beds from anchors and/or anchor lines are avoided or 14 mitigated to less than significant, the following measure would be implemented. 15 MM 810-6: Final Marine Safety and Anchoring Plan (MSAP). A final MSAP 16 shall be developed following the analysis of seafloor habitat and bathymetric data 17 to be collected during the pre-decommissioning survey. Additionally, a diver- 18 biologist survey shall be conducted to ensure that all pre-determined vessel 19 anchor locations are positioned in sedimentary habitats and avoid rocky 20 substrate and kelp by at least 50 feet. The final plan shall be submitted to 21 California State Lands Commission staff for review at least 2 weeks prior to the 22 commencement of Project activities. 23 A draft MSAP for the Project can be found in Appendix E that includes measures to 24 avoid such impacts. 25 Potential Discharge of Petroleum Products and Biocide 26 Less than Significant with Mitigation. The Project may result in an accidental 27 discharge of petroleum products from Project vessels and equipment, which would have 28 the potential to significantly impact marine resources. The Applicant would implement 29 the following mitigation measure to avoid or reduce potential impacts associated with an 30 accidental discharge of petroleum products from Project vessels and equipment to less 31 than significant. 32 MM 810-7: Oil Spill Response Plan (OSRP). An OSRP has been prepared for 33 the Project. Each Project vessel shall have a copy of the plan and shall maintain 34 the required onboard and subcontracted spill response equipment. Additional 35 shore-based response equipment shall be onsite, which can be used for first- 36 response containment and collection of petroleum that reaches the shoreline. If 37 needed, subcontracted shoreline recovery personnel and additional equipment, Encina MOT Decommissioning Project MND 3-50 October 2015 Environmental Checklist and Analysis-Biological Resources 1 as identified in the OSRP shall be deployed to the site to assist in the recovery 2 and disposal of spilled petroleum. 3 The OSRP for the Project can be found in Appendix G. 4 Although the fuel oil submarine pipeline was flushed and pigged, residual petroleum 5 products and the biocide associated with the Nalco EC61 06A preservative may be 6 present. To ensure that potential impacts to marine habitats and biota associated with 7 an accidental release into the marine environment of petroleum products and the Nalco 8 EC61 06A biocide preservative are avoided or reduced to less than significant, the 9 following measure would be implemented. 10 MM BI0-8: Flush Fuel Oil Submarine Pipeline. Prior to opening the fuel oil 11 submarine pipeline to the ocean during the decommissioning process, this 12 pipeline shall be flushed from its offshore termination to its onshore termination at 13 the beach valve pit with seawater to displace the potable water and preservative. 14 The potable water and preservative mixture shall be recovered at the beach 15 valve pit and transported off-site for treatment and disposal. 16 Potential Spread of NAS 17 Less than Significant Impact. Due to the use of marine vessels, the Project may result 18 in the spread of NAS through ballast water and vessel biofouling. However, the potential 19 spread of NAS would be addressed through the implementation of existing CSLC 20 programs, including the CSLC's Ballast Water Management Program and Biofouling 21 Removal and Hull Husbandry Reporting. Additionally, the Project's potential contribution 22 to the spread of NAS would be further minimized by implementation of the following 23 APM. 24 APM BI0-2: Prevent Introduction of Non-Native Aquatic Species (NAS). All 25 Project vessels shall: (1) originate from Oceanside Harbor, the Ports of Long 26 Beach/Los Angeles, or San Diego Bay; (2) be continuously based out of 27 Oceanside Harbor, the Ports of Long Beach/Los Angeles, or San Diego Bay 28 since last dry docking; or (3) have underwater surfaces cleaned before entering 29 southern California at vessel origination point and immediately prior to transiting 30 to the Project site. Additionally, and regardless of vessel size, ballast water for all 31 Project vessels must be managed consistent with California State Lands 32 Commission (CSLC) ballast management regulations, and Biofouling Removal 33 and Hull Husbandry Reporting Forms shall be submitted to CSLC staff. Project 34 vessels shall also be available for inspection by CSLC staff for compliance. 35 Further, as part of the Project kickoff meeting, a qualified marine biologist, 36 approved by CSLC staff, shall provide information to all Project personnel about 37 the spread of NAS in California waters and the programs {CSLC Ballast Water October 2015 3-51 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Biological Resources 1 Management Program and Biofouling Removal and Hull Husbandry Reporting) 2 that will be implemented to minimize this hazard. 3 c) Have a substantial adverse effect on federally protected wetlands as defined by 4 Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal 5 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or 6 other means? 7 No Impact. The Project is not located within or adjacent to federally protected wetlands 8 as defined in Section 404 of the Clean Water Act; therefore, the Project would have no 9 impact to federally protected wetlands. 1 0 d) Interfere substantially with the movement of any native resident or migratory 11 fish or wildlife species or with established native resident or migratory wildlife 12 corridors, or impede the use of native wildlife nursery sites? 13 Less than Significant Impact. The Project may affect the movement of terrestrial and 14 marine wildlife as a result of decommissioning activities, which would occupy certain 15 area~ of the land and ocean. However, the Project would not substantially interfere with 16 the movement of migratory fish or wildlife species or impeded the use of native wildlife 17 nursery sites, as described in a), due to the temporary, short-term nature of the Project 18 and the limited area of disturbance associated with decommissioning activities; 19 therefore, the impact would be less than significant. 20 e) Conflict with any local policies or ordinances protecting biological resources, 21 such as a tree preservation policy or ordinance? 22 Less than Significant with Mitigation. The City of Carlsbad OSCE goals, objective, 23 and policy, as described in Section 3.4.2 Regulatory Setting, seek(s) to preserve natural 24 resources by protecting fish, wildlife, and vegetation habitats. As described above under 25 item a), the Project has the potential to adversely impact grunion and significantly 26 impact other sensitive marine wildlife. To avoid or reduce potential impacts to fish as 27 wildlife to less than significant, MM 810-1 through MM 810-7 would be implemented, 28 which would also meet the intent of the relevant OSCE goals, objective, and policy. 29 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural 30 Community Conservation Plan, or other approved local, regional, or State habitat 31 conservation plan? 32 No Impact. As described above, the EPS is located within the boundary of the City of 33 Carlsbad's HMP, which guides local implementation of the MHCP. The MHCP focuses 34 on habitat preservation and enhancement for the California gnatcatcher, Agua 35 Hedionda Lagoon, and adjacent areas-to the east as core habitat area; however, 36 Project activities would not impact the Agua Hedionda Lagoon or adjacent areas that Encina MOT Decommissioning Project MND 3-52 October 2015 Environmental Checklist and Analysis-Biological Resources 1 the MHCP designates as core habitat. Since the Project does not conflict with local, 2 regional, or State habitat conservation plan provisions, there would be no impact. 3 3.4.4 Mitigation Summary 4 Implementation of the following mitigation measure(s) would reduce the potential for 5 Project-related impacts to biological resources to less than significant. 6 • MM 810-1: Marine Wildlife Contingency Plan (MWCP). 7 • MM 810-2: Dynamic Pipe Ramming (DPR) Soft-Start and Ramp-Up Procedure. 8 • MM 810-3: Dynamic Pipe Ramming (DPR) Sound Source Characterization. 9 • MM 810-4: Marine Wildlife Monitoring During Sound Source Characterization and 10 Dynamic Pipe Ramming (DPR). 11 • MM BI0-5: Pre-and Post-Decommissioning Seafloor Debris Survey and Debris 12 Removal. 13 • MM 810-6: Final Marine Safety and Anchoring Plan (MSAP). 14 • MM 810-7: Oil Spill Response Plan (OSRP). 15 • MM 810-8: Flush Fuel Oil Submarine Pipeline. 16 The following measures are proposed by the Applicant to further reduce less than 17 significant impacts to grunion spawning and transfer of NAS. 18 • APM 810-1a: Grunion Avoidance. 19 • APM BI0-1b: Grunion Surveys and Avoidance. 20 • APM 810-2: Prevent Introduction of Non-Native Aquatic Species (NAS). October 2015 3-53 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Cultural and Paleontological Resources 1 brown sandy terrace material that has been mechanically re-deposited as fill to a 2 depth of approximately 2.5 to 10 feet (ibid.). In light of the information obtained from 3 historic photographs and the results of the geological borings, it is apparent that 4 these surface artifacts were mechanically re-deposited during the previous grading 5 that occurred on the EPS property, beginning in the 1950s. Artifacts may be present 6 subsurface in the fill soils at this location, but it has been determined that the 7 artifacts observed at the site do not exhibit any contextual integrity. However, 8 additional artifacts or archaeological deposits may exist subsurface in undisturbed 9 soils near Fuel Oil Tanks #2 and #3. 10 The Agua Hedionda lagoon lies in an area where, at least during the Late Prehistoric 11 and Protohistoric periods, the traditional territories of two Native American groups, 12 the Luiseno and the Kumeyaay, may have overlapped.... In any case, the site is 13 indicative of prehistoric occupation, food processing activities, and subsistence 14 strategies associated with the lagoon and terrace resources. 15 The exact location of the second site, CA-SDI-21 0, is unclear. A review of Google 16 Earth's aerial coverage of the EPS indicated that CA-SDI-210's estimated site location 17 was subject to extensive grading during construction of the existing plant. As a result, 18 buried intact deposits associated with CA-SDI-21 0 may also occur within the EPS. 19 According to Conejo, eight archaeological investigations have been conducted within a 20 0.25-mile radius of the Project site, three of which included sections of the on-land 21 portion of the Project area consisting of the beach and Carlsbad Boulevard. These 22 archaeological investigations were conducted by Byrd and O'Neill in 2002, Polan in 23 1981, and Woodward and Stammerjohan in 1985. Guerrero, Stropes, and Gallegos's 24 archaeological investigation in 2004 was conducted within the EPS, but does not 25 include the current Project site. 26 3.5.1.2 Tribal Cultural Resources 27 Native American Heritage Commission 28 The Native American Heritage Commission (NAHC) searched its Sacred Lands File for 29 Native American cultural sites and found no occurrences within 0.5 mile of the Project 30 site (NAHC letter to Conejo dated January 11, 2013; see Appendix K). The NAHC also 31 noted that the area around Agua Hedionda Lagoon is very culturally sensitive and that a 32 known underwater village is located several miles north of the site. 33 Native American Representatives 34 The NAHC provided Conejo with a list of Native American representatives who could 35 potentially provide important information on cultural sites near the Project site. On 36 January 30, 2013, Conejo contacted the Native American representatives on the NAHC October 2015 3-55 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Cultural and Paleontological Resources 1 Cultural Resources Evaluation & Department of Parks and Recreation Primary 2 Record 37-032953. 3 The MOT was evaluated by Laura S. White, M. A., Robert White, and David Van Horn 4 Ph. D., of John Minch and Associates, Inc. in February of 2013 for significance using 5 both NRHP and CEQA criteria (provided in Appendix K). The findings of the evaluation 6 were reported in "A Cultural Resource Evaluation of the Cabrillo Power I LLC Encina 7 Site Offshore Marine Oil Terminal, Carlsbad, San Diego County" and on the appropriate 8 Department of Parks and Recreation 523 series forms submitted to the SCIC at San 9 Diego State University (Appendix K). The MOT was assigned Primary Record Number 10 37-032953, and a summary of the findings are as follows. 11 As for Criterion A of the NRHP, the MOT is not associated with any event important 12 in the history of United States. Terminals such as these were common for water- 13 cooled, coastal power plants that were originally designed to burn fuel oil to generate 14 electricity. They are currently utilized in the off-loading of crude oil for refineries 15 along the southern California coast. That is, submarine pipelines are not unique in 16 their role of conveying petroleum from ships/barges to land installations or into land- 17 based distribution networks. As for Criterion 8, the MOT is not associated with the 18 lives of any individual important to national history. As for Criterion C, the pipeline 19 itself comprises prefabricated sections of concrete jacketed steel pipe. The pipe is of 20 robust construction but of standard design. The mooring anchors are of standard 21 design (Danforth) and are modern. The vault and tunnel are devoid of any significant 22 architectural features. The rip-rap jetty is also ubiquitous in nature. None of the 23 components of the MOT are considered the work of a master and there is no 24 evidence that unique methods or materials were utilized in their construction. As per 25 Criterion D, given the utilitarian uses of MOT, it is highly unlikely that it has the 26 potential to yield additional information pertinent to national history. Consequently, 27 the MOT, including the eight modern anchors that are less than 50 years of age, 28 does not appear significant pursuant to NHRP criteria. 29 3.5.1.4 Paleontological Resources 30 The following information is from the California Energy Commission (CEC) Final Staff 31 Assessment (CEC 2009) for the CECP. Given the proximate location of the Project site 32 to the CECP site (which is within the northeast section of the EPS), similar 33 paleontological resources (described below) are expected to be found. 34 Pleistocene age paralic deposits, which represent all soils mapped at the surface of 35 the CECP power plant site and the linear route, are generally considered to have a 36 high paleontological sensitivity. However, all fossils in the San Diego Natural History 37 Museum (SDNHM) collection from terrace sediments in the area were recovered 38 from units on older wave-cut benches at higher elevations inland from the site. The Encina MOT Decommissioning Project MND 3-58 October 2015 Environmental Checklist and Analysis -Cultural and Paleontological Resources 1 Eocene age Santiago Formation, which has been mapped in the floor of the current 2 tank farm, is also highly sensitive. Furthermore, fossil remains have been 3 documented from the nearby Carlsbad State Beach. The nearest documented fossil 4 locality is approximately 500 to 750 feet south of the ocean-water pipeline intake and 5 discharge locations. 6 Many paleontological sites are documented within 3 miles of the CECP Project area. 7 The SDNHM collection contains specimens from 113 localities, including 30 from 8 Pleistocene paralic deposits and 58 from the Santiago Formation. The Quaternary 9 fossils consist of marine invertebrates, such as worms, bryzoans, foraminifers, tusk 10 shells, ostracods, barnacles, crabs, snails, clams, oysters, pectens, sand dollars, 11 and sea urchins, as well as continental vertebrates, such as proboscidens 12 (mammoths and elephants), turkeys, rodents, tapirs, horses, camels, deer, and 13 bison. The specimens from the Santiago Formation were collected from marine, 14 lagoonal, estuarine and fluvial siltstones and sandstones. The SONHM collection 15 a/so includes specimens from two sites at Carlsbad State Beach. The localities are 16 approximately 1,600 feet and 4,000 feet southwest of the 23-acre CECP site, and 17 have produced vertebrate fossils of terrestrial mammals, including oreodonts (now 18 extinct plant-eaters distantly related to pigs, hogs, peccaries and hippopotamuses). 19 The nearest of these fossil localities is approximately 500 to 750 feet south of the 20 ocean-water pipeline intake and discharge locations. The reported source from 21 which the fossils were recovered is fluvial sandstone of the Oligocene-age Sespe or 22 Vaqueros Formations. 23 Although the age and geologic unit designation is in disagreement with previous 24 geologic mapping in the area, the Tertiary sediments hosting the vertebrate fossils is 25 considered to be equivalent to the marine deposits (mapped as Santiago Formation) 26 that underlie Quaternary terrace deposits at the CECP site. 27 Marine invertebrate fossils, including mollusks, crustaceans and echinoids, and 28 marine vertebrates, including sharks, rays and bony fish, have been recovered by 29 the San Bernardino County Museum from Pleistocene terrace deposits. No fossil 30 locality is within one mile of the CECP site, however. Terrestrial mammal remains, 31 including camel, horse and mammoth, have been recovered from wave-cut bench 32 sediments that are older than those on the power plant site. The Natural History 33 Museum of Los Angeles County collection does not contain vertebrate fossil remains 34 from the Carlsbad area. The museum does consider the potential for encountering 35 significant vertebrate fossils in Quaternary terrace deposits near the surface and in 36 older sediments in deeper excavations to be low and high, respectively. The fossil 37 records website maintained by the University of California -Museum of Paleontology 38 indicates that several gastropod specimens of Quaternary age have been recovered 39 from the Carlsbad and Agua Hedionda lagoon areas. October 2015 3-59 ' Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Cultural and Paleontological Resources Table 3.5-2. Laws, Regulations, and Policies (Cultural and Paleontological) CA Coastal Act Section 30244 states: Where development would adversely impact Chapter 3 archaeological or paleontological resources as identified by the State Historic policies (see Preservation Officer, reasonable mitigation measures shall be required. also Table 1-2) CA Assembly Bill AB 52 (effective July 1, 2015) adds sections 21073,21074,21080.3.1, (AB) 52 (Gatto, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 to CEQA, relating to Stats. 2014, consultation with California Native American tribes, consideration of tribal ch. 532) cultural resources, and confidentiality. The definition of tribal cultural resources considers tribal cultural values in addition to scientific and archaeological values when determining impacts and mitigation. AB 52 provides procedural and substantive requirements for lead agency consultation with California Native American tribes and consideration of effects on tribal cultural resources, as well as examples of mitigation measures to avoid or minimize impacts to tribal cultural resources. AB 52 establishes that if a project may cause a substantial adverse change in the significance of a tribal cultural resource, that project may have a significant effect on the environment. Lead agencies must avoid damaging effects to tribal cultural resources, when feasible, and shalf keep information submitted by tribes confidential. CA Public This code states protocol for notifying the most likely descendent from the Resources deceased if human remains are determined to be Native American in origin. It Code section also provides mandated measures for appropriate treatment and disposition of 5097.98 exhumed remains. CA Health and This code states that if human remains are exposed during construction, no Safety Code further disturbance shall occur until the County Coroner has made the section 7050.5 necessary findings as to origin and disposition pursuant to Public Resources Code section 5097.998. The Coroner has 24 hours to notify the Native American Heritage Commission (NAHC) if the remains are determined to be of Native American descent. The NAHC will contact most likely descendants, who may recommend how to proceed. 1 3.5.2.2 Local 2 The City of Carlsbad (2006) General Plan OSCE contains the following historical, 3 cultural, and special resource protection goals, objectives, and policies relevant to 4 onshore Project activities. 5 • Goal A.1: A city in which its existing and continuing heritage is protected, 6 preserved, recognized and enhanced. 7 • Goal A.5: A city that preserves, where possible, historic, cultural, archeological, 8 paleontological, and educational resources. 9 • Objective 8.1: To encourage property owners to utilize all available incentives for 10 the preservation of historic resources. 11 • Objective 8.3: To preserve areas of unique scenic, historical, archeological, 12 paleontological and cultural value, and where possible, provide public access to 13 these areas. 14 • Objective 8.6: To minimize environmental impacts to sensitive resources within 15 the City. Encina MOT Decommissioning Project MND 3-62 October 2015 Environmental Checklist and Analysis -Cultural and Paleontological Resources 1 • Policy C.1 0: Prohibit the alteration of properties of state or national significance, 2 unless reviewed under requirements of the California Environmental Quality Act. 3 • Policy C.19: Preserve natural resources by: . . . protecting archeological and 4 paleontological resources. 5 3.5.3 Impact Analysis 6 a. Cause a substantial adverse change in the significance of a historical resource 7 as defined in § 15064.5? 8 No Impact. Project implementation would not impact known shipwrecks or other known 9 historically significant sites. Although the EPS MOT was built in 1953 and is over 60 10 years old, as indicated above, it does not meet the criteria for listing in the NRHP or 11 California Register of Historic Resources. Therefore, the Project would not impact 12 historical resources. 13 b) Cause a substantial adverse change in the significance of an archaeological 14 resource pursuant to§ 15064.5? 15 Less than Significant with Mitigation. The EPS is located within a general area 16 considered sensitive for archaeological resources, and onshore decommissioning work 17 may have the potential to impact known (CA-SDI-21 0) or unknown archaeological 18 resources if earth disturbances extend outside of the previously disturbed construction 19 areas, vertically or horizontally. 20 To ensure that potential impacts to archaeological resources are avoided or mitigated to 21 less than significant, the following measures would be implemented. 22 MM CUL-1: Cultural Resource Training. A pre-construction meeting, inclusive 23 of agency personnel, shall be organized to educate onsite construction personnel 24 as to the sensitivity of archaeological and tribal cultural resources in the area. If 25 agency personnel cannot attend, the meeting shall be held and documentation of 26 the meeting shall be submitted to those agencies. The Applicant's personnel 27 shall instruct all construction and Project personnel to avoid removing cultural 28 materials from the Project site. Evidence of compliance with this mitigation 29 measure shall be documented, and provided to California State Lands 30 Commission staff, prior to onshore work. 31 MM CUL-2: Archaeological and Tribal Cultural Resource Monitoring. All 32 construction will be confined to previously disturbed areas within the beach valve 33 pit if feasible; however, to ensure no previously unknown archaeological or tribal 34 cultural resources are unintentionally damaged, all excavation shall be monitored 35 by a professional archaeologist and a Native American representative, who shall October 2015 3-63 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Cultural and Paleontological Resources 1 have the authority to temporarily halt or redirect Project construction in the event 2 that potentially significant cultural resources are exposed. 3 MM CUL-3: Redirect Work if Previously Unknown Archaeological or Tribal 4 Cultural Resources are Discovered. In the event that potentially significant 5 archaeological or tribal cultural resources are discovered any time during 6 construction, all earth disturbing work within the vicinity of the discovery shall be 7 temporarily suspended or redirected until a professional archaeologist and a 8 representative from the culturally affiliated California Native American tribe(s) 9 (tribal representative) as determined by the Native American Heritage 10 Commission have evaluated the nature and significance of the discovery. In the 11 event that a potentially significant archaeological or tribal cultural resource is 12 discovered, Cabrillo Power I LLC, the California State Lands Commission 13 (CSLC), and any local, State or Federal agency with approval or permitting 14 authority over the Project that has requested/required such notification shall be 15 notified. 16 Impacts to previously unknown significant archaeological or tribal cultural 17 resources shall be avoided through preservation in place if feasible. Damaging 18 effects to tribal cultural resources will be avoided or minimized following the 19 measures identified in Public Resources Code section 21084.3, subdivision (b), if 20 feasible, unless other measures are mutually agreed to by the lead archaeologist 21 and tribal representative that would be as or more effective. 22 If the lead archaeologist and tribal representative(s) mutually agree that 23 damaging effects to tribal cultural resources will be avoided or minimized, then 24 work in the area may resume. If the lead archaeologist and tribal 25 representative(s) do not agree, the CSLC's tribal liaison will attempt to resolve 26 the issue. If the tribal liaison cannot resolve the issue, the tribal liaison will submit 27 the matter to the CSLC's Executive Officer for resolution. A Native American 28 representative shall monitor any mitigation work associated with Native American 29 cultural material. 30 c) Cause a substantial adverse change in the significance of a tribal cultural 31 resource as defined in Public Resources Code section 21074? 32 Less than Significant with Mitigation. As discussed in Section 3.5.1.2, Tribal Cultural 33 Resources: 34 • A Sacred Lands File search conducted by the NAHC did not identify Native 35 American cultural places or properties within 0.5 mile of the Project footprint; 36 • The NAHC noted that the Project site is located several miles north of a known 37 underwater village and that the area around the Agua Hedionda Lagoon to the 38 north of the Project site is considered very culturally sensitive; and 39 • The NAHC provided a contact list of Native American representatives to Conejo 40 to gather information on cultural sites near the Project site (see Appendix K). Encina MOT Decommissioning Project MND 3-64 October 2015 Environmental Checklist and Analysis -Cultural and Paleontological Resources 1 Conejo contacted the Native American representatives on January 30, 2013, and 2 received three responses. These responses indicated that although the MOT is not 3 within a recognized tribal Traditional Use Area, there are several Native American sites 4 located around Agua Hedionda Lagoon, and scattered marine shell debris has been 5 seen within the power plant. Given the potential area's archaeological sensitivity, it was 6 recommended that a Native American representative monitor any earth disturbances 7 associated with the Project, even in previously disturbed onshore areas. Additionally, 8 the Native American representatives requested to be kept informed of any documented 9 cultural resources at the Project site. 10 AB 52 made changes to CEQA regarding tribal cultural resources and consultation with 11 California Native American Tribes who have previously requested to be notified of 12 projects in the geographic area traditionally and culturally affiliated with that tribe (see 13 Table 3.5-2). Although CSLC staff has not received written requests for notification, staff 14 notified the Native American representatives on the NAHC contact list on October 2, 15 2015, to engage with those tribes proactively to ensure they have the opportunity to 16 provide meaningful input on the Project's potential effects (see Appendix K). 17 To ensure that potential impacts to tribal cultural resources are avoided or mitigated to 18 less than significant, all onsite construction personnel will be educated on the potential 19 for and sensitivity of tribal cultural resources in the area (MM CUL-1). Additionally, all 20 construction will be confined to previously disturbed areas within the beach valve pit if 21 feasible; however, to ensure no previously unknown tribal cultural resources are 22 unintentionally damaged, all excavation shall be monitored by a professional 23 archaeologist and a Native American representative who shall have the authority to 24 temporarily halt or redirect Project construction in the event that potentially significant 25 tribal cultural resources are exposed (MM CUL-2). In the event tribal cultural resources 26 are discovered, MM CUL-3 will be implemented and a Native American representative 27 will monitor any mitigation work associated with Native American cultural material. 28 Therefore, with the implementation of MM CUL-1, MM CUL-2, and MM CUL-3, potential 29 impacts to tribal cultural resources at the Project site will be avoided or reduced to less 30 than significant. 31 d) Directly or indirectly destroy a unique paleontological resource or site or 32 unique geologic feature? 33 Less than Significant with Mitigation. Due to the high paleontological sensitivity in the 34 area, any Project activities requiring excavation of previously undisturbed sedimentary 35 formations onshore would have a potential for impacting paleontological resources. 36 Potential impacts to paleontological resources can be avoided by avoiding disturbance 37 of previously undisturbed native soils as identified above in MM CUL-2. If impacts October 2015 3-65 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Cultural and Paleontological Resources 1 cannot be fully mitigated with MM CUL-2, the following measure would be implemented 2 to avoid or minimize potential impacts to less than significant. 3 MM CUL-4: Paleontological Resource Evaluation and Mitigation Plan. A 4 qualified paleontologist shall be retained to evaluate the onshore activities and 5 develop a Paleontological Resource Evaluation and Mitigation Plan if Project 6 activities extend into previously undisturbed sedimentary formations. The 7 mitigation plan shall include construction monitoring and collection and archiving 8 of any paleontological finds. 9 e) Disturb any human remains, including those interred outside of formal 1 0 cemeteries? 11 Less than Significant with Mitigation. The Project is not expected to impact human 12 burials; however, in the unanticipated event that burials are encountered they must be 13 managed in accordance with state law. 14 To ensure that the potential impacts to any unanticipated burials encountered during 15 Project activities are avoided or mitigated to less than significant, the following measure 16 would be implemented. 17 MM CUL-5: Proper Disposition of Human Remains. If human remains are 18 unearthed, State Health and Safety Code section 7050.5 requires that no further 19 disturbance shall occur until the County Coroner has made the necessary 20 findings as to origin and disposition pursuant to Public Resources Code section 21 5097.98. If the remains are determined to be of Native American descent, the 22 coroner has 24 hours to notify the Native American Heritage Commission. 23 Cabrillo Power I LLC and California State Lands Commission staff shall be 24 notified immediately of the discovery. 25 3.5.4 Mitigation Summary 26 Implementation of the following mitigation measure(s) would reduce the potential for 27 Project-related impacts to cultural and paleontological resources to less than significant. 28 • MM CUL-1: Cultural Resource Training. 29 • MM CUL-2: Archaeological and Tribal Cultural Resource Monitoring. 30 • MM CUL-3: Redirect Work if Previously Unknown Archaeological or Tribal 31 Cultural Resources are Discovered. 32 • MM CUL-4: Paleontological Resource Evaluation and Mitigation Plan. 33 • MM CUL-5: Proper Disposition of Human Remains. Encina MOT Decommissioning Project MND 3-66 October 2015 Environmental Checklist and Analysis-Geology and Soils 1 The geology of the Peninsular Ranges is similar to the Sierra Nevada Range. Mesozoic 2 granitic and lesser gabbroic and metamorphic rocks form the core of the geomorphic 3 province (CEC 2009). The nearest mapped Mesozoic rocks are approximately 2.5 miles 4 east of the EPS site. Relatively thin Tertiary and Quaternary sediments deposited in 5 marine and transitional environments overlie the crystalline basement rocks. Continental 6 sediments are locally common as well, particularly in modern drainages. Post-Mesozoic 7 rocks are prevalent along the coast and extend 5 to 8 miles inland in the vicinity of 8 Carlsbad. The inland sediments reflect periods of higher sea levels in the past, as well 9 as uplift due to tectonic activity. 10 According to CEC (2009), fill from grading of the EPS site covers Quaternary and 11 Tertiary sediments that were deposited in marine and transitional environments. 12 Quaternary age paralic sediments immediately underlie the artificial fill. These deposits 13 represent transitional facies associated with a series of wave-cut terraces. The oldest 14 paralic deposits are present to the east and uphill from the coastline. As sea level fell in 15 response to decreases in ocean water volume and/or temperature and uplift associated 16 with regional and local tectonics, paralic sediments were deposited on progressively 17 lower wave-cut terraces. The most recent terrace deposits associated with a stranded 18 bench are represented by the materials present at the EPS. Terraces were cut into 19 middle Eocene deposits of the Santiago Formation in the Carlsbad area, so Quaternary 20 sediments are in unconformable contact with Tertiary sediments. The marine arkosic 21 sandstones were derived from granitic sources to the east. 22 Soils 23 The current Natural Resources Conservation Service (2013) mapping for San Diego 24 County, as accessed via the Web Soil Survey on January 21, 2013, identifies soils in 25 the Project area as Cr -Coastal beaches (nearshore and shoreline), TeF -Terrace 26 escarpments (part of the shoreline), and MIC-Marina loamy coarse sand (immediately 27 inland from the shore). Subsurface exploration conducted by Geo-Logic Associates for 28 the Poseidon Desalination Plant site, which is located adjacent to the EPS, is underlain 29 by artificial fill and very light brown to green-brown silty sandstone interbedded with 30 siltstone and mapped as mid-Eocene Santiago Formation. It is not known if the portion 31 of the EPS where the beach valve pit is located received fill prior to construction. 32 Groundwater 33 Groundwater beneath the EPS is generally brackish and is designated as having no 34 beneficial uses (CEC 2009). Due to seasonal and tidal influences, groundwater levels 35 fluctuate between 14 feet and 10 feet above mean sea level. As reported in the EIR for 36 the Poseidon Desalination Plant (City of Carlsbad 2005), the groundwater table at the 37 site was encountered during drilling at a depth of 20.8 to 28.9 feet below the existing 38 ground surface (an approximate elevation of 1.1 to 14.2 feet above mean sea level). Encina MOT Decommissioning Project MND 3-68 October 2015 Environmental Checklist and Analysis -Geology and Soils 1 Topography 2 The topography of the EPS site is moderate to flat and generally slopes west toward 3 Carlsbad Boulevard and the Pacific Ocean. 4 3.6.1.2 Offshore Conditions 5 Regional Sediment Movement 6 Offshore sediment transport via movement of sand suspended in the water column 7 generally moves parallel to the San Diego coastline (CSLC 2005). Longshore transport 8 in the Project vicinity is 80 percent to the south and 20 percent to the north when 9 averaged for the year; in winter, longshore transport from north to south is more 10 dominant. Net annual movement of sand is approximately 310,000 cubic yards of sand 11 per year toward the south. Jetties constructed along the coast can interrupt both the 12 northward and southward movement of sand; because southward longshore transport 13 dominates, sand tends to accumulate on beaches on the north side of the jetties and 14 tends to be eroded from beaches on the south side of the jetties (CSLC 2005). Artificial 15 replenishment of beaches in the Project area has focused on three beaches-the beach 16 located north of Agua Hedionda Lagoon (referred to as the North Beach), the beach 17 between the inlet and outlet of the lagoon (Middle Beach), and the beach south of the 18 discharge channel (South Beach)-to partially offset the erosion caused by the existing 19 jetties at the inlet and discharge channels of the Agua Hedionda Lagoon. 20 About 400 to 500 feet south of the Agua Hedionda Lagoon discharge jetty is the riprap 21 covering the fuel oil submarine pipeline, also known as the South Beach Groin. In order 22 to excavate and remove the pipeline, this riprap groin would need to be temporarily 23 removed. To determine potential near-field effects of removing the South Beach Groin, 24 Jenkins (2013) conducted a shoreline evolution analysis (see Appendix L) using 25 computer simulations from a peer-reviewed Coastal Evolution Model and reached the 26 following conclusions from simulations using the model to predict shoreline evolution 27 over 20-year long historic periods of waves, tides, currents, and dredge disposal. 28 • Removal of the South Beach Groin would have no apparent effect on shoreline 29 change over the short-term. Only after 5 years was there a discernible difference 30 in shoreline change in the absence of the South Beach Groin, which was 31 localized to South Beach where removal of the groin caused a small amount of 32 shoreline retreat on the order of 6 feet. 33 • Removal of the South Beach Groin would have a cumulative impact, generally 34 erosional in nature, on the shoreline over the long-term (1 0 to 20 years). The 35 largest erosional impacts would occur at South Beach, where beach widths 36 would be locally reduced by as much as 17 feet, 20 years after the groin is 37 removed. Removal of the South Beach Groin would also reduce the median October 2015 3-69 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Geology and Soils 1 retention time of dredged sands placed on South Beach by 1 month; longer 2 retention times (18 to 20 months) are possible, but dependent on the South 3 Beach Groin remaining in its present condition and location. Since dredging and 4 beach disposal of the dredged sands typically occurs every 2 years, an average 5 loss of 1 month of retention time adds up to a significant loss of beach sand 6 volume over many years for the North Beach/Middle Beach/South Beach back- ? passing, sand re-cycling system. 8 Although the long-term effects of removing the groin on the beach bluff or public 9 infrastructure, such as the sea wall in the Project area, was not modeled, it is possible 10 that under storm conditions bluff erosion and erosion in the vicinity of the sea wall may 11 occur based upon the conclusion that the beach's width would be reduced by as much 12 as 17 feet, 20 years after the removal of the groin. 13 Project Area Seafloor Conditions 14 In 2005, Oivecon recorded underwater video during an overhaul of the MOT, which was 15 later reviewed by Padre Associates, Inc. staff to evaluate the seafloor conditions in the 16 Project area. Based on the video footage, the fuel oil submarine pipeline appears to be 17 on soft bottom substrate closer to shore and buried about halfway in the ocean 18 sediment. In Merkel & Associates, Inc.'s February 2013 marine biological survey (see 19 Appendix 1), portions of the pipeline and some of the anchors and chains were on the 20 surface of the seafloor; however, the condition of the MOT fuel oil submarine pipeline 21 and mooring anchors with respect to their location on or beneath sediments or rock 22 varies depending upon the time of year and other factors affecting the longshore 23 transport of marine sand. Based on the Merkel & Associates, Inc. (2013b) study and 24 Fugro's bathymetric and geophysical survey conducted in the spring of 2013, low relief 25 rocky substrate is present in the nearshore/shallow subtidal area immediately south of 26 the pipeline corridor. The seafloor topography between the shore and the tanker 27 moorings slopes moderately westward to an ocean depth of -1 00 feet, as shown on the 28 EPS MOT drawing (Cabrillo Power I LLC 2008). Beyond the -100 water depth there is a 29 steep drop in the offshore topography. 30 3.6.2 Regulatory Setting 31 3.6.2.1 Federal and State 32 Federal and State laws and regulations pertaining to this issue area and relevant to the 33 Project are identified in Table 3.6-1. Encina MOT Decommissioning Project MND 3-70 October 2015 Environmental Checklist and Analysis-Geology and Soils Table 3.6-1. Laws, Regulations, and Policies (Geology and Soils) CA Alquist-Priolo This Act requires that "sufficiently active" and "well-defined" earthquake fault Earthquake zones be delineated by the State Geologist and prohibits locating structures for Fault Zoning human occupancy across the trace of an active fault. Act (Pub. Resources Code,§§ 2621-2630) California The CBC contains requirements related to excavation, grading, and construction Building Code of pipelines alongside existing structures. A grading permit is required if more (CBC) (Cal. than 50 cubic yards of soil are moved. Sections 3301.2 and 3301.3 contain Code Regs., provisions requiring protection of adjacent properties during excavations and tit. 23) require a 1 0-day written notice and access agreements with adjacent property owners. California This Act and the Seismic Hazards Mapping Regulations (Cal. Code Regs., tit. Seismic 14, Div. 2, Ch. 8, Art. 1 0) are designed to protect the public from the effects of Hazards strong ground shaking, liquefaction, landslides, other ground failures, or other Mapping Act hazards caused by earthquakes. The Act requires that site-specific geotechnical (Pub. investigations be conducted identifying the hazard and formulating mitigation Resources measures prior to permitting most developments designed for human Code,§ 2690 occupancy. Special Publication 117, Guidelines for Evaluating and Mitigating and following Seismic Hazards in California (California Geological Survey 2008), constitutes as Division 2, guidelines for evaluating seismic hazards other than surface fault rupture and for Chapter 7.8) recommending mitigation measures as required by section 2695, subdivision (a). CA Coastal Act Coastal Act policies applicable to this issue area are: Chapter 3 • Section 30253 requires, in part, that: New development shall: (a) Minimize policies (see risks to life and property in areas of high geologic, flood, and fire hazard; and also Table 1-(b) Assure stability and structural integrity, and neither create nor contribute 2) significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. • Section 30243 states in part: The long-term productivity of soils and timberlands shall be protected .... 1 3.6.1.2 Local 2 The City of Carlsbad (2006) General Plan OSCE contains the following geology and 3 soils-related objective and policies relevant to onshore Project activities: 4 • Objective 8.2: To protect public health and safety by preserving natural and man- S made hazard areas as open space and taking special precautionary measures to 6 protect the public safety where development is possible and permitted. 7 • Policy C.8: Require a city permit for any grading, grubbing, or clearing of 8 vegetation in undeveloped areas, with appropriate penalties for violations. 9 • Policy C.12: Require that grading be accomplished in a manner that will maintain 10 the appearance of natural hillsides and other landforms wherever possible. 11 • Policy C.13: Require that soil reports, plans for erosion and sediment control 12 measures and provisions of maintenance responsibilities. October 2015 3-71 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Geology and Soils 1 3.6.3 Impact Analysis 2 a) Expose people or structures to potential substantial adverse effects, including 3 the risk of loss, injury, or death involving: 4 i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- 5 Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or 6 based on other substantial evidence of a known fault? Refer to Division of Mines 7 and Geology Special Publication 42. 8 No Impact. As reported in the City of Carlsbad (undated[a]) General Plan Public Safety 9 Element, there are no known active or potentially active faults within city limits, and the 10 closest known active fault is the Rose Canyon Fault Zone, several miles offshore. 11 Additionally, no risk of loss of life or property in a seismic event would result from the 12 Project, which involves decommissioning of infrastructure and does not include the 13 construction of any buildings or structures that would potentially be damaged or cause 14 injury or death. Therefore, this Project is not likely to expose people or structures to 15 potential substantial adverse effects due to the rupture of a known earthquake fault. 16 ii) Strong seismic ground shaking? 17 No Impact. There is the potential for Project infrastructure and workers to be subjected 18 to seismic ground shaking if a significant earthquake occurred in the area during Project 19 implementation. However, decommissioning activities would not create adverse effects 20 to people or structures related to ground shaking; therefore, no impact would occur. 21 iii) Seismic-related ground failure, including liquefaction? 22 No Impact. As stated in the City of Carlsbad (undated[a]) General Plan Public Safety 23 Element, portions of the City underlain by deep, soft, saturated soils may be susceptible 24 to liquefaction, lurch cracking, lateral spreading, and local subsidence. However, the 25 Project is limited to the removal and in-place abandonment of existing onshore and 26 offshore infrastructure. Infrastructure abandoned in place would be filled with earth or 27 cement for stabilization (e.g., the Project includes filling the underpass conduit and 28 rectangular horizontal shafts with cement slurry and abandoning the structures in place; 29 see Figure A 1-4 in Appendix A). These structures are buried under existing sidewalks 30 and Carlsbad Boulevard, and filling these voids would ensure continued stability of the 31 road and sidewalks over the long-term. The vertical vault of the underpass end structure 32 is completely buried underneath the sand beach and would be removed and backfilled 33 with sand to restore the disturbed area to pre-Project conditions. Removal of the vertical 34 vault may require demolition and replacement in-kind of the western sidewalk along 35 Carlsbad Boulevard where it crosses the underpass; however, no new construction is 36 proposed that would be subject to seismic-related ground failure such as liquefaction. Encina MOT Decommissioning Project MND 3-72 October 2015 Environmental Checklist and Analysis -Geology and Soils 1 Therefore, this Project is not likely to expose people or structures to potential substantial 2 adverse effects due to seismic-related ground failure, including liquefaction. 3 iv) Landslides? 4 No Impact. The Project site is located both onshore and offshore. The topography of 5 the Project area does not include slopes or other features that would have the potential 6 to become unstable and result in a landslide. Therefore, this Project is not likely to 7 expose people or structures to potential substantial adverse effects due to landslides. 8 b) Result in substantial soil erosion or the loss of topsoil? 9 Less than Significant Impact. Excavation would be required to remove the underpass 10 end structure vertical vault, the fuel oil submarine pipeline, and any contaminated soils 11 that are identified. Excavated areas would be backfilled to re-establish pre-Project 12 conditions. Because of the nature of the activity and location, ·the Project would not 13 result in substantial soil erosion or loss of topsoil. The Project would also require the 14 temporary removal and subsequent replacement of the South Beach Groin. Since the 15 riprap groin would be restored to pre-Project conditions, the temporary removal of the 16 groin would have a less than significant impact on beach erosion or loss of beach sand. 17 c) Be located on a geologic unit or soil that is unstable, or that would become 18 unstable as a result of the Project, and potentially result in on-or off-site 19 landslide, lateral spreading, subsidence, liquefaction or collapse? 20 No Impact. See discussion for a) above. 21 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform 22 Building Code (1994), creating substantial risks to life or property? 23 No Impact. See discussion for a) above. 24 e) Have soils incapable of adequately supporting the use of septic tanks or 25 alternative wastewater disposal systems where sewers are not available for the 26 disposal of waste water? 27 No Impact. The Project does not require a wastewater disposal system; therefore, no 28 impacts will occur. 29 3.6.4 Mitigation Summary 30 The Project would not result in significant impacts relating to geology and soils; no 31 mitigation is required. October 2015 3-73 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Greenhouse Gas Emissions 1 3.7.2.2 Local 2 The County of San Diego (2012) adopted a Climate Action Plan in June 2012 to 3 address the issues of growth and climate change through meaningful GHG emissions 4 reductions consistent with Assembly Bill (AB) 32, Governor's Executive Order S-3-05, 5 and the State CEQA Guidelines. The Climate Action Plan includes a GHG emissions 6 inventory and forecast, GHG reduction targets, community and local government 7 measures and actions to reduce GHG emissions, and monitoring procedures. 8 The City of Carlsbad (2006) General Plan OSCE contains goals, objectives and policies 9 pertaining to air quality in general (see Section 3.3.2}, but not specifically to GHG 10 emissions. The City of Carlsbad (2014a) developed a Draft Climate Action Plan that is 11 similar to the County's Climate Action Plan and that is intended to analyze and mitigate 12 the significant effects of GHG at a programmatic level by adopting a plan to reduce 13 GHG emissions. This Plan takes into account anticipated reductions from State and 14 Federal actions, General Plan land use and roadways, and additional General Plan 15 policies and actions, and provides additional GHG reduction measures to close the 16 emissions "gap" between emissions targets and forecast emissions for 2035. 17 3.7.3 Impact Analysis 18 a) Generate greenhouse gas emissions, either directly or indirectly, that may have 19 a significant impact on the environment? 20 Less than Significant Impact. In October 2008, the CARS created a Preliminary Draft 21 Staff Proposal, Recommended Approaches for Setting Interim Significance Thresholds 22 for Greenhouse Gases under the California Environmental Quality Act. In this 23 document, the CARS discusses the dangers of global climate change and the need for 24 a defined set of significance thresholds for operations, construction, and transportation, 25 and provides a preliminary proposal for a threshold of significance for GHG emissions. 26 The threshold consists of a quantitative threshold of 7,000 metric tons (MT) of C02 27 equivalent (C02e) per year (MTC02e/year) for operational emissions (excluding 28 transportation) and performance standards for construction and transportation 29 emissions. The goal of this effort is to mitigate GHG emissions from industrial projects 30 on a statewide level. Over time, implementation of AB 32 will reduce or mitigate GHG 31 emissions from industrial sources. 32 Neither the City of Carlsbad nor the County of San Diego has adopted thresholds of 33 significance for GHG emissions; however, San Diego County Air Pollution Control 34 District Rule 60.1 identifies de minimis emissions for small stationary sources, including 35 20,000 tons per year of GHGs (C02e). Due to the lack of any other local guidance, this 36 de minimis emissions rate would be used as a threshold of significance for the Project. Encina MOT Decommissioning Project MND 3-76 October 2015 Environmental Checklist and Analysis -Greenhouse Gas Emissions 1 Project-generated GHGs (primarily engine exhaust) would come from marine vessels 2 and onboard equipment, heavy-duty construction equipment, transfer dump trucks, 3 cement trucks, and worker vehicles (Table A2-1 in Appendix A), Approximately 1,725 4 MTCOze would be generated over the Project duration, as/§hown inTable 3.7-2, with 5 peak emissions (1 ,200 MTCOze per year) anticipated" from September 2016 through 6 August 2017. Table 3.7-2. Estimated Greenhouse Gas Total Project Emissions AIR EIVItsstpt+f,§ §!JJ\iiNIARV' \, ,.·'·.· .. :: CQ2,:;:;, .. ,:1:~N2o ::r~ 1,:; Q~,{.: ,!,' l[~~t~PJl"rQR~~ ... ~ Pounds/Segment 6,689.55 0.17 0.49 Pre-Survey 3.06 English Tons 3.34 0.00 0.00 Onshore Pounds/Segment 372,261.00 9.56 21.20 Decommissioning 244.44 English Tons 267.13 0.01 0.01 Offshore Pounds/Segment 2,062,695.77 52.83 134.57 Decommissioning 950.93 English Tons 1,038.65 0.03 0.7 Beach Pounds/Segment 315,755.43 8.08 17.99 Decommissioning 190.17 English Tons 207.75 0.01 0.01 Surf Zone Pounds/Segment 652,325.25 16.71 41.96 Decommissioning 332.21 English Tons 362.87 0.01 0.02 Pounds/Segment 6,689.55 0.17 0.49 Post-Survey 3.06 English Tons 3.34 0.00 0.00 Total -Project Air Emissions (English 1,883.09 0.05 0.11 - Tons!Year) Peak English Tons!Year1 1,312.47 0.03 0.08 Total-Project Air Emissions 1,723.88 Total Peak MTC02e 1,201.50 1 The Project years considered in estimating Peak Tons!Year are provided in Table A1-1 in Appendix A (September 2016 through August 2017). 7 As described in Section 2, Project Description, there are two proposed methodologies 8 (Options 1 and 2) to complete decommissioning activities in both the surf zone and 9 offshore segments. Although in-field success would determine which method is more 10 effective and thus used, the options with the highest emissions are presented below in 11 Table 3.7-2 and in Appendix H. 12 GHG emissions were estimated for motor vehicles utilizing load factors from the 13 CaiEEMod Model and emissions factors from Tables C.3 and C.4 of the California 14 Climate Action Registry (CCAR) General Reporting Protocol (CCAR 2009). GHG 15 emissions were estimated for heavy equipment and vessels utilizing load factors from 16 the OFFROAD model and the Port of Long Beach 2010 Emissions Inventory Table 3.3 17 (POLB 2011 ), with emissions factors from Table C.3 and C.6 of the CCAR General 18 Reporting Protocol (CCAR 2009). October 2015 3-77 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Greenhouse Gas Emissions 1 As indicated in Table 3.7-2, Project-related GHG emissions would not approach or 2 exceed the 20,000 MTC02e per year significance threshold for San Diego County; 3 therefore, impacts associated with GHGs would be less than significant. Although no 4 mitigation is required, implementation of APM AIR-1, APM AIR-2, APM AIR-3, APM 5 AIR-4, APM AIR-5, and APM AIR-6 proposed to further reduce air quality impacts (see 6 Air Quality Section 3.3.3) would also apply to reduce GHG emissions. 7 b) Conflict with an applicable plan, policy or regulation adopted for the purpose 8 of reducing the emissions of greenhouse gases? 9 No Impact. The County of San Diego Climate Action Plan (2012) and City of Carlsbad 10 Draft Climate Action Plan (2014a) provide guidance for determining whether a project is 11 subject to the provisions of the respective Climate Action Plans. Those guidelines 12 include a project review checklist by land use type and provide screening thresholds 13 such as number of dwelling units or square feet of land use; however, projects such as 14 the one proposed are not addressed and this Project is not likely to be subject to the 15 Climate Action Plans because it does not propose any new land use. 16 The Project would comply with all mandatory regulations designed to reduce air 17 emissions, including GHG emissions such as fuel standards. After the Project is 18 completed, there would be no sources of operational or ongoing GHG emissions that 19 would undermine or conflict with the established GHG reduction targets. Because 20 Project-related emissions would be short-term and would cease upon completion, 21 GHGs from decommissioning activities would not substantially contribute to the global 22 GHG emissions burden. Additionally, Project construction would not conflict with any 23 County or State policy to reduce GHG emissions, including Executive Orders S-3-05, S- 24 01-07, and B-30-15. Because the Project would not conflict with any applicable plan, 25 policy, or regulation of an agency adopted for the purposes of reducing GHG emissions, 26 there is no impact. 27 3.7.4 Mitigation Summary 28 The Project, which includes implementation of the air quality APMs listed below, would 29 not result in significant GHG emissions impacts; therefore, no mitigation is required. 30 • APM AIR-1: Air Emissions Compliance Program. 31 • APM AIR-2: Low-Emission Engines-Offshore. 32 • APM AIR-3: Low-Emission Engines-Onshore. 33 • APM AIR-4: Mobilize from Nearest Port. 34 • APM AIR-5: Dispose Materials at Nearest Port. 35 • APM AIR-6: Low-Sulfur Fuel. Encina MOT Decommissioning Project MND 3-78 October 2015 Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 The State Water Resources Control Board (SWRCB) (2015) GeoTracker database was 2 also reviewed in July 2015 for information on any documented sites of environmental 3 concern in the Project area. Four closed sites were identified by GeoTracker at the 4 EPS, and included soil contamination of diesel, gasoline, and heating or fuel oil, and 5 non-polychlorinated biphenyl (PCB) transformer oil. Two sites were closed by the 6 SWRCB in 1996, the others were closed in 2005 and 2015. Only one records pertaining 7 to any of the sites closed in or before 2005 are available through the GeoTracker 8 website. A March 16, 2005, letter from the County of San Diego Department of 9 Environmental Health (SDDEH), Land and Water Quality Division (2005) regarding site 10 T0608160564 indicated that the site, used for fuel tank farm operations, was 11 investigated for diesel and heavy metals. Contaminated soil with diesel and heavy 12 metals was found at shallow depths, and groundwater had a low concentration of 13 dissolved diesel and trace amounts of some heavy metals. To meet the cleanup goals 14 for the site, soil remediation was performed in 2004 in eight areas with total petroleum 15 hydrocarbon (TPH) concentrations higher than 1 ,000 milligrams per kilogram (mg/kg) by 16 excavating t;tnd recycling 4,426 cubic yards of contaminated material. The letter further 17 stated that changes to the proposed use of the site as mixed residential/commercial 18 may require reevaluation to determine if the change would pose a risk to public health, 19 and that any contaminated soil excavated as part of subsurface construction work must 20 be managed in accordance with the legal requirements at that time. 21 The fourth closed site, Spills, Leaks, Investigation, and Cleanup Site (SLIC) Local Case 22 # H13941-005 (GeoTracker ID T10000003098), was identified approximately 420 feet 23 southeast of the beach valve pit. This case, which was closed as of May 6, 2015, was 24 the result of a 2011 underground transformer release from EPS Unit 5 main transformer 25 cooling piping. According to the case closure summary, approximately 400 gallons of 26 non-PCB transformer oil leaked to the ground. The ruptured pipes were immediately 27 repaired and approximately 20 cubic yards of impacted soil were excavated from the 28 leak area. Soil sampling was conducted and the results of analysis showed low levels of 29 transformer oil remaining at 3 feet below grade. However, it was concluded that 30 because the transformer oil residue at the site is likely made of low-toxicity and low 31 mobility petroleum hydrocarbons, the residue, which has been capped with asphalt can 32 be left in place and does not pose a significant health risk (County of San Diego 33 Department of Environmental Health, Land and Water Quality Division 2013). 34 An open Cleanup Program Site (Local Case # H13941-004, GeoTracker ID 35 SLT19726861) (SWRCB 2014a; 2014b; 2014c, Rincon Consultants, Inc. 2014a; 2014b} 36 was also identified near the administration building (under construction} at the EPS. 37 This site was initially associated with the fuel oil leak in November 2007. Several 38 additional Voluntary Assistance Program applications, assessments, action plans, and 39 SDDEH communications are associated with Local Case# H13941-004, GeoTracker ID 40 SL T19726861 for other documented sites of environmental concern within the EPS. Encina MOT Decommissioning Project MND 3-80 October 2015 Environmental Checklist and Analysis -Hazards and Hazardous Materials 1 Most of the documented sites of environmental concern were identified during 2 construction of the Poseidon Carlsbad Seawater Desalination Plant, which is located in 3 areas previously occupied by EPS petroleum storage tanks and a wastewater treatment 4 plant, when contaminants associated with past handling, storage, and use of petroleum 5 hydrocarbons were encountered. Documented sites of environmental concern in the 6 area of the EPS tank farms are not discussed here because the closest tank site to the 7 proposed Project is located more than 1 ,300 feet east of the beach valve pit. The 8 documented sites of environmental concern closest to the Project are discussed below. 9 On August 6, 2013, petroleum hydrocarbon odors were detected during initial 10 excavation and construction of the Intake Pump Station (located 200 feet east of the 11 beach valve pit) for the Carlsbad Desalination Plant. Soil samples were evaluated and 12 found to contain diesel and motor oil. Soil assessment and remedial measures to be 13 implemented during construction of the Intake Pump Station and 72-inch Water Supply 14 and associated Discharge Lines were proposed with cleanup goals as approved by the 15 SDDEH for the EPS (Rincon Consultants, Inc. 2013). In July 2014, petroleum 16 hydrocarbon odors were also reported during excavation for a 72-inch underground 17 water supply line at the EPS. Rincon Consultants conducted soil assessment and 18 remediation at the excavation site, which is located approximately 370 feet east of the 19 beach valve pit. Soil samples were taken and assessed, and it was determined that 20 TPH concentrations exceeded the established cleanup goals for two samples; other 21 samples did not exceed cleanup goals. The contaminated soil was excavated and 22 disposed off-site; however, contaminated soil south of the sample locations was not 23 assessed as it was outside of the area of concern (Rincon Consultants, Inc. 2014b). 24 3.8.1.2 Asbestos-Containing Material 25 Royal Environmental Services, Inc. (Royal) was retained by Cabrillo to test the fuel oil 26 submarine pipeline and associated facilities for asbestos-containing materials (ACM). A 27 February 2013 report by Royal (see Appendix D) identifies three materials associated 28 with the pipeline that contained asbestos: 29 • Gray/black colored pipe mastic which underlies the concrete covering on the 30 pipeline and is also present in patches along the pipeline; 31 • Gray pipe wrap on the pipeline at the joint with the concrete wall at the west end 32 of the underpass end structure; and 33 • Black pipe wrap on the pipeline and attached 6-inch bypass pipe. 34 3.8.1.3 Lead-Based Paint 35 Royal conducted testing of lead-based paint (LBP) on surfaces within the vertical vault 36 of the beach valve pit and the fuel oil submarine pipeline under Carlsbad Boulevard to 37 determine whether the paint contains lead. One gray-painted steel pipe (approximately October 2015 3-81 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 20 feet long and 1 inch in diameter) located within the vertical vault of the beach valve 2 pit and tunnel (i.e., the beach valve pit horizontal shaft, underpass conduit, and 3 underpass end structure horizontal shaft and vertical vault) under Carlsbad Boulevard 4 was identified as having lead equal to or greater than the California Division of 5 Occupational Safety and Health LBP threshold (0.06% by weight or 600 ppm) and the 6 USEPA LBP threshold (0.5% by weight or 5,000 ppm) for worker protection. Because of 7 the loose, flaky, and/or otherwise damaged LBP found on the steel pipe, the paint/pipe 8 requires abatement prior to demolition or handling for metal recycling. Royal also opined 9 that other similarly gray-painted equipment/facilities in the EPS likely contain LBP and 10 should also be abated prior to demolition. 11 3.8.1.4 Other Known and Potentially Unknown Contaminants 12 The beach valve pit and vertical concrete vault have features such as an existing drain 13 that, if compromised, could have released petroleum hydrocarbons to surrounding soils. 14 Similarly, in the event that there were past pipeline leaks, soil in the immediate area of 15 the pipeline could contain petroleum hydrocarbons and/or other chemicals of concern. 16 Royal collected samples of loose soil collected in the vertical vault of the beach valve pit 17 and the fuel oil submarine pipeline tunnel under Carlsbad Boulevard (approximately 10 18 feet into the tunnel from the vertical vault of the beach valve pit). Testing of the soil 19 samples for TPH, with a carbon range of C6 through C36 (from gasoline to oil), was 20 conducted by Calscience Environmental Laboratories using USEPA Method 8015 21 Modified. As reported by Royal, the soil from the floor of the vertical vault of the beach 22 valve pit contained TPH at 35,000 mg/kg and the sample from the tunnel contained TPH 23 at 1 ,300 mg/kg. Although soils with these levels of TPH do not meet the definition of a 24 hazardous waste, they must be managed as petroleum containing special waste. The 25 Royal report does not identify the source of these soils or contamination; however, it 26 states that soils further from the vertical vault of beach valve pit (i.e., within the tunnel) 27 likely contain lower or no concentration of TPH. 28 A gravel sump, which is open on the bottom, is located on the beach below the fuel oil 29 submarine pipeline (see Figure A 1-2 in Appendix A). If the pipeline had leaked between 30 the beach valve pit and sump, any fuel oil released would likely have collected in the 31 sump due to the site topography, which slopes toward the beach. 32 3.8.1.5 Fuel Oil Submarine Pipeline Contents 33 According to the EPS Fueling Administrator, the fuel oil submarine pipeline was pigged 34 and flushed three times to bring the hydrocarbon level below 15 ppm; no surfactant was 35 used. The pipeline was also charged with Nalco EC61 06A corrosion inhibitor to prevent 36 internal corrosion of the pipeline. The flushed water was tested for Hexane Extractable 37 Materials (oil and grease) by the San Diego Gas and Electric (SDG&E) Environmental Encina MOT Decommissioning Project MND 3-82 October 2015 Environmental Checklist and Analysis -Hazards and Hazardous Materials Table 3.8-2. Laws, Regulations, and Policies (Hazards/Hazardous Materials) also Table 1-2) cleanup facilities and procedures shall be provided for accidental spills that do occur. CA Lempert-This Act and its implementing regulations seek to protect State waters from oil Keene-pollution and to plan for the effective and immediate response, removal, Seastrand Oil abatement, and cleanup in the event of an oil spill. The Act requires vessel and Spill Preven-marine facilities to have marine oil spill contingency plans and to demonstrate tion and financial responsibility, and requires immediate cleanup of spills, following the Response Act approved contingency plans, and fully mitigating impacts on wildlife. The Act (Gov. Code,§ assigns primary authority to the Office of Spill Prevention and Response (OSPR) 8574.1 et division within the CDFW to direct prevention, removal, abatement, response, seq.; Pub. containment, and cleanup efforts with regard to all aspects of any oil spill in the Resources marine waters of the State. The CSLC assists OSPR with spill investigations and Code,§ 8750 response. et seq.) CA Other • California Clean Coast Act (SB 771) establishes limitations for shipboard incinerators, and the discharge of hazardous material-including oily bilgewater, graywater, and sewage-into State waters or a marine sanctuary. It also provides direction for submitting information on visiting vessels to the CSLC and reporting of discharges to the State water quality agencies. • California Harbors and Navigation Code specifies a State policy to "promote safety for persons and property in and connected with the use and equipment of vessels," and includes laws concerning marine navigation that are implemented by local city and county governments. This Code also regulates discharges from vessels within territorial waters of the State of California to prevent adverse impacts on the marine environment. This Code regulates oil discharges and imposes civil penalties and liability for cleanup costs when oil is intentionally or negligently discharged to the State waters. • California Seismic Hazards Mapping Act (Pub. Resources Code, § 2690) and Seismic Hazards Mapping Regulations (Cal. Code Regs., tit. 14, Div. 2, Ch. 8, Art. 1 0) (See Section 3. 6, Geology and Soils). • Hazardous Waste Control Act (Cal. Code Regs., tit. 26) defines requirements for proper management of hazardous materials. • Porter-Cologne Water Quality Control Act (Cal. Water Code, § 13000 et seq.) (See Section 3.9, Hydrology and Water Quality). 1 3.8.2.2 Local 2 The City of Carlsbad (undated[a)) General Plan contains the following hazardous 3 materials-related goal and policy relevant to onshore Project activities. 4 • Goal: A City which minimizes injury, loss of life, and damage to property resulting 5 from hazardous materials disaster occurrence. 6 • Policy 1: Review land use decisions to consider constraints presented by the 7 potential for on-site and off-site contamination by use, transfer, storage, or land 8 disposal of hazardous materials and wastes. Land use decisions should be 9 consistent with Federal, State and county environmental regulations. 1 0 The McClellan-Palomar Airport Land Use Compatibility Plan (County of San Diego 11 Airport Land Use Commission 2010) establishes an Airport Influence Area, which October 2015 3-85 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 identifies areas likely to be impacted by noise and flight activity created by aircraft 2 operations at the airport. The Airport Influence Area also identifies areas where new 3 development may adversely affect airport operations. 4 3.8.3 Impact Analysis 5 a) Create a significant hazard to the public or the environment through the routine 6 transport, use, or disposal of hazardous materials? 7 Less than Significant with Mitigation. Decommissioning activities have the potential 8 to impact the public or environment. For example, the removal of the fuel oil submarine 9 pipeline and other equipment/facilities could result in the release of ACM or LBP into the 1 0 environment, exposing workers, and potentially the public, to asbestos-or lead-related 11 health hazards. The pipeline currently contains water and a preservative, which, along 12 with any unanticipated residual oil in previously pigged pipelines, could also be released 13 to the environment. Further, due to the site's previous use of transferring of oil, 14 decommissioning activities requiring soil excavation have the potential to expose 15 workers to contaminants. Lastly, accidental spills of petroleum (including diesel fuel) 16 from Project vessels may occur; other Project vessel discharges would be in 17 accordance with applicable regulations. 18 To ensure that potential hazards or hazardous materials impacts to the public and 19 environment are avoided or mitigated to less than significant, MM 810-7: Oil Spill 20 Response Plan (OSRP), MM 810-8: Flush Fuel Oil Submarine Pipeline, and the 21 following measures would be implemented. 22 MM HAZ-1: Certified Asbestos Abatement Contractor. Pipeline removal shall 23 be conducted in accordance with all regulations pertaining to asbestos utilizing a 24 certified asbestos abatement contractor to perform any such work. 25 MM HAZ-2: Licensed/Certified Lead-Based Paint (LBP) Contractor. A 26 California licensed contractor certified by the California Department of Public 27 Health shall be contracted to accomplish LBP abatement prior to the 28 commencement of onshore demolition and to ensure proper disposal of paint 29 flakes (which must be handled as a hazardous waste), abated pipes, and 30 equipment. 31 MM HAZ-3a: Extended Phase I Environmental Site Assessment (ESA). An 32 extended Phase I ESA review, as well as the assessment of soils around and in 33 the beach valve pit, shall be conducted to address potential soil contamination 34 issues at the Project site prior to the commencement of decommissioning 35 activities. If conta·mination is identified, the appropriate measures to address the 36 hazard shall be added to the Contractor Work Plan. This may include excavation 37 and removal of contaminated soil to a legal disposal site, or onsite treatment of Encina MOT Decommissioning Project MND 3-86 October 2015 Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 contaminated soil. A copy of the Phase 1 ESA shall be provided to California 2 State Lands Commission staff within 2 weeks of completion. 3 MM HAZ-3b: Personnel Trained to Work with Hazardous Substances. All 4 work requiring removal of facilities shall be conducted by personnel trained to 5 work with hazardous substances and any suspicious soils (stained or with an 6 unusual odor) or groundwater (showing a sheen or with an unusual odor), shall 7 be tested and treated in accordance with all applicable laws. 8 MM HAZ-4: Disposal of Total Petroleum Hydrocarbon (TPH)-Containing 9 Soil. Soil in the bottom of the beach valve pit known to have levels of TPH shall 10 be disposed of as a petroleum-containing special waste. 11 As discussed in Section 4.6, Cultural Resources, due to the presence of archaeological 12 site CA-SDI-210 and the paleontologically sensitive Santiago Formation, any 13 remediation efforts that could disturb previously undisturbed earth material would have 14 the potential to result in impacts to cultural resources. Mitigation involving the use of 15 archaeologists, Native Americans, and/or paleontologists would necessitate that these 16 monitors be appropriately trained to work with hazardous substances. 17 b) Create a significant hazard to the public or the environment through 18 reasonably foreseeable upset and accident conditions involving the release of 19 hazardous materials into the environment? 20 Less than Significant with Mitigation. Decommissioning activities include the use of 21 offshore vessels and offshore and onshore equipment that may result in the accidental 22 release of hazardous materials, and subsequent environmental and human exposure, 23 due to accidental spills of petroleum (including diesel fuel) from Project vessels or 24 accidental releases of fuels, lubricants, or other materials. To ensure that potential 25 impacts associated with the accidental release of hazardous materials are avoided or 26 mitigated to less than significant, the following measures would be implemented. 27 MM HAZ-5: Onshore Hazardous Materials Management and Contingency 28 Plan Measures. The onshore contractor shall develop and implement hazardous 29 materials management and contingency plan measures for onshore operations. 30 The measures shall be provided to California State Lands Commission staff as 31 part of a Stormwater Pollution Prevention Plan or a separate plan prior to Project 32 implementation. Measures shall include, but not be limited to, identification of: 33 appropriate fueling and maintenance areas for equipment; best management 34 practices for fueling and operation of equipment (e.g., daily inspection of 35 equipment); a spill response; and spill response supplies to be maintained onsite. 36 c) Emit hazardous emissions or handle hazardous or acutely hazardous 37 materials, substances, or waste within one-quarter mile of an existing or 38 proposed school? October 2015 3-87 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 Less than Significant Impact. The closest school to the Project site is Jefferson 2 Elementary School located at 3743 Jefferson Street, which is 0.95 mile to the north 3 based upon the Carlsbad Unified School District (2014) online School Locator 4 measuring tool. Hazardous materials that may be encountered during Project 5 decommissioning (e.g., LBP, ACM, hydrocarbons) as described above would be very 6 localized and would not impact the closest school. Short-term air pollutants from 7 construction vessels and equipment are discussed in Section 3.3, Air Quality. 8 d) Be located on a site which is included on a list of hazardous materials sites 9 compiled pursuant to Government Code section 65962.5 and, as a result, would it 1 0 create a significant hazard to the public or the environment? 11 Less than Significant with Mitigation. As described above, the EPS is included on a 12 list of hazardous materials sites (per Gov. Code, § 65962.5, commonly referred to as 13 the "Cortese List") (SWRCB 2015; DTSC 2015). Specifically, an open Cleanup Program 14 Site (Local Case# H13941-004, GeoTracker ID SLT19726861) is located at the EPS. 15 No documented sites of environmental concern associated with Local Case # H 13941- 16 004, GeoTracker ID SL T19726861, nor any closed sites within the EPS are within 17 Project boundaries; however, as discussed under item a) above, if contamination is 18 encountered during decommissioning activities, there would be the potential for health- 19 related hazards to workers and possibly the public. Implementation of MM HAZ-3a and 20 MM HAZ-3b would ensure that the potential for environmental or human health impacts 21 from exposure to hazardous material sites is avoided or reduced to less than significant. 22 e) For a project located within an airport land use plan or, where such a plan has 23 not been adopted, within two miles of a public airport or public use airport, would 24 the project result in a safety hazard for people residing or working in the project 25 area? 26 No Impact. The McClellan-Palomar Airport is located about 3 miles southeast of the 27 Project site. Based on a review of McClellan-Palomar Airport Land Use Compatibility 28 Plan (County of San Diego Airport Land Use Commission 201 0), the Project site is not 29 located within an airport safety zone; therefore, no impacts would occur. 30 f) For a project within the vicinity of a private airstrip, result in a safety hazard for 31 people residing or working in the project area? 32 No Impact. There are no private airstrips located in proximity to the Project site; 33 therefore, no impacts would occur. 34 g) Impair implementation of or physically interfere with an adopted emergency 35 response plan or emergency evacuation plan? Encina MOT Decommissioning Project MND 3-88 October 2015 Environmental Checklist and Analysis-Hazards and Hazardous Materials 1 No Impact. According to the City of Carlsbad's (undated[b]) website, the San Diego 2 County Office of Emergency Services is responsible for maintaining the county 3 emergency plan, which facilitates regional mutual aid. The City of Carlsbad's 4 Emergency Management Administrative Team maintains the Carlsbad Emergency 5 Operations Plan (City Plan). These plans are consistent and interoperable to maximize 6 regional mutual aid support. Based upon a review of the Unified San Diego County 7 Emergency Services Organizational Area Emergency Plan (201 0) (County Plan), the 8 Project does not include any elements that would interfere (physically or operationally) 9 with this plan. Because the City Plan is consistent and interoperable with the County 10 Plan, the Project would not interfere with implementation (physically or operationally) of 11 the City Plan; therefore, no impacts would occur. 12 h) Expose people or structures to a significant risk of loss, injury or death 13 involving wildland fires, including where wildlands are adjacent to urbanized 14 areas or where residences are intermixed with wildlands? 15 No Impact. The Project site is not in or adjacent to a wildland fire hazard area; 16 therefore, no impacts would occur. 17 3.8.4 Mitigation Summary 18 Implementation of the following mitigation measure(s) would reduce the potential for 19 Project-related impacts to hazards and hazardous materials to less than significant. 20 • MM HAZ-1: Certified Asbestos Abatement Contractor. 21 • MM HAZ-2: Licensed/Certified Lead-Based Paint Contractor. 22 • MM HAZ-3a: Extended Phase I Environmental Site Assessment (ESA). 23 • MM HAZ-3b: Personnel Trained to Work with Hazardous Substances. 24 • MM HAZ-4: Disposal of Total Petroleum Hydrocarbon (TPH)-Containing Soil. 25 • MM HAZ-5: Onshore Hazardous Materials Management and Contingency Plan 26 Measures. 27 • MM BI0-7: Oil Spill Response Plan (OSRP). 28 • MM BI0-8: Flush Fuel Oil Submarine Pipeline. October 2015 3-89 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Hydrology and Water Quality 1 Hedionda Lagoon watershed; the latter has an approximate drainage area of 29 square 2 miles in the cities of Carlsbad, Vista, and Oceanside, San Diego County. The main 3 stream in the watershed, Agua Hedionda Creek, begins on the southwestern slopes of 4 the San Marcos Mountains in north San Diego County, flowing generally southwestward 5 to the Agua Hedionda Lagoon and Pacific Ocean (City of Carlsbad 2005). 6 Regulation of water quality in the State of California is under the control of the SWRCB 7 and Regional Water Quality Control Boards (RWQCBs). The California Ocean Plan 8 (SWRCB 2012) states that "the beneficial uses of the ocean waters of the State that 9 shall be protected include industrial water supply; water contact and non-contact 10 recreation, including aesthetic enjoyment; navigation; commercial and sport fishing; 11 mariculture; preservation and enhancement of designated Areas of Special Biological 12 Significance (ASBS); rare and endangered species; marine habitat; fish migration; fish 13 spawning and shellfish harvesting." The Ocean Plan also identifies water quality 14 objectives (e.g., physical, bacterial, chemical, biological characteristics) to protect the 15 beneficial uses of ocean waters. Physical water quality objectives applicable to ocean 16 discharges include: 17 • Floating particulates and grease and oil shall not be visible; 18 • The discharge of waste shall not cause an aesthetically undesirable discoloration 19 of the ocean surface; and 20 • Natural light shall not be significantly reduced at any point outside the initial 21 dilution zone as the result of the discharge of waste. 22 According to the SWRCB (201 0), Agua Hedionda Creek is on the Section 303(d) List of 23 Impaired Water Bodies for pathogens, metals/metalloids, nutrients, salinity, and toxicity. 24 Identified sources of pollutants include natural sources, urban runoff, and unspecified 25 non-point sources; sources of metals/metalloids are unknown. The Agua Hedionda 26 Lagoon is not on the 303(d) list. According to the 2009 CEC report for the CECP, the 27 groundwater beneath the EPS is generally brackish and is designated as having no 28 beneficial uses. 29 Pursuant to National Pollutant Discharge Elimination System (NPDES) Permit 30 CA0001350, Order No. R9-2006-0043, the Applicant monitors discharge receiving 31 waters at 28 stations near the EPS for four water quality parameters: temperature, pH, 32 dissolved oxygen (DO), and percent light transmittance. Fall 2012 receiving water 33 quality monitoring results include: surface temperatures ranged from 58.02 degrees 34 Fahrenheit CF) to 59.61 oF; surface percent light transmittance ranged from 72.77 35 percent to 93.89 percent; surface measurements of DO ranged from 7.98 milligrams per 36 liter (mg/L) to 8.55 mg/L; and surface pH values ranged from 8.19 to 8.23 (Merkel & 37 Associates, Inc. 2013b). October 2015 3-91 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Hydrology and Water Quality Table 3.9-1. Laws, Regulations, and Policies (Hydrology and Water Quality) CA Coastal Act Chapter 3 policies (see also Table 1-2) CA Other October 2015 SWRCB or a RWQCB imposes a condition on its Certification, those conditions must be included in the Federal permit or license. Statewide Water Quality Control Plans include: individual RWQCB Basin Plans; the California Ocean Plan; the San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan (Bay-Delta Plan); the Water Quality Control Plan for Enclosed Bays and Estuaries of California; and the Water Quality Control Plan for Control of Temperature in the Coastal and Interstate Waters and Enclosed Bays and Estuaries of California (Thermal Plan). These Plans contain enforceable standards for the various waters they address. For example: • Basin Plan. Porter-Cologne(§ 13240) requires each RWQCB to formulate and adopt a Basin Plan for all areas within the Region. Each RWQCB establishes water quality objectives to ensure the reasonable protection of beneficial uses and a program of implementation for achieving water quality objectives within the basin plans. 40 CFR 131 requires each State to adopt water quality standards by designating water uses to be protected and adopting water quality criteria that protect the designated uses. In California, the beneficial uses and water quality objectives are the State's water quality standards. • The California Ocean Plan establishes water quality objectives for California's ocean waters and provides the basis for regulation of wastes discharged into the State's ocean and coastal waters. For example, the Ocean Plan incorporates the State water quality standards that apply to all NPDES permits for discharges to ocean waters. Coastal Act policies applicable to this issue area are: • Section 30231 states The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. • See also: Section 30233 (Diking, filling or dredging; continued movement of sediment and nutrients); and Section 30235 (Construction altering natural shoreline), which states in part ... Existing marine structures causing water stagnation contributing to pollution problems and fish kills should be phased out or uQgraded where feasible. • Under California Code of Regulations, Title 23, the Central Valley Flood Protection Board regulates specific river, creek, and slough crossings for flood protection: {1) new crossings must maintain hydraulic capacity through such measures as in-line piers, adequate stream bank height (freeboard), and measures to protect against stream bank and channel erosion, and (2) improvements, including crossings, must be constructed in a manner that does not reduce the channel's capacity or functionality, or that of any Federal flood control project. • California Water Code section 8710 requires that a reclamation board permit be obtained prior to the start of any work, including excavation and construction activities, if projects are located within floodways or levee sections. Structures for human habitation are not permitted within designated floodways. 3-93 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Hydrology and Water Quality 1 3.9.2.2 Local 2 The City of Carlsbad (2006) General Plan OSCE contains the following water quality 3 objective and policies relevant to onshore Project activities. 4 • Objective: B.1: To control storm water pollutants. 5 • Policy C.4: Prior to making land use decisions, utilize methods available to 6 estimate increases in pollutant loads and flows resulting from projected future 7 development. The City shall require developments to incorporate structure and 8 non-structural best management practices to mitigate the projected increases in 9 pollutant loads. 10 • Policy C.7: Post-development runoff from a site shall not contain pollutant loads 11 which cause or contribute to an exceedance of receiving water quality objectives 12 or which have not been reduced to the maximum extent practicable. 13 • Policy C.9: Developments shall implement appropriate recommendations to 14 protect water quality found in the San Diego Association of Government's Water 15 Quality Element of its Regional Growth Management Strategy. 16 • Policy C.22: Prohibit alteration of waterways and water bodies that would cause 17 significant adverse impacts on the environment. 18 • Policy C.24: Conserve, and protect the water resources including, but not limited 19 to, floodplains, shoreline, lagoons, waterways, lakes, ponds, and the ocean. 20 3.9.3 Impact Analysis 21 a) Violate any water quality standards or waste discharge requirements? 22 Less than Significant with Mitigation. The Project has the potential to violate water 23 quality standards or waste discharge requirements. The introduction of vessels and 24 equipment into the offshore water environment would result in short-term risks for 25 adverse effects on marine water quality in the event of an accidental spill (e.g., fuel 26 leak). Any aesthetically undesirable discoloration of the ocean surface that would occur 27 as a result of an accidental spill would also be contrary to the California Ocean Plan 28 objective. Implementation of MM 810-7: Oil Spill Response Plan (OSRP) would 29 ensure that potential impacts associated with the accidental discharge of fuels, oils, or 30 lubricants are avoided or mitigated to less than significant. Additionally, Project vessels 31 routinely discharge ballast, bilge, and cooling water, which may increase turbidity within 32 the water column or result in an unanticipated or accidental discharge; however, it is 33 anticipated that all vessel discharges would be conducted in accordance with applicable 34 USCG regulations and would not violate any water quality standards. Encina MOT Decommissioning Project MND 3-94 October 2015 Environmental Checklist and Analysis -Hydrology and Water Quality 1 The ocean bottom in the Project area is subject to annual scouring wherein several feet 2 of sand is transported in and out of the Project area; this mixing of ocean bottom 3 materials in the water column at the Project site is a natural occurrence. Work activities 4 in the marine environment, including removal of the fuel oil submarine pipeline, anchors 5 and chains, and debris, would disturb the ocean bottom, and result in a limited, localized 6 increase in turbidity. Any Project-related turbidity would be localized and is not expected 7 to result in the violation of any water quality standard. Implementation of MM 810-6: 8 Final Marine Safety and Anchoring Plan (MSAP) would ensure that potential impacts 9 associated with anchoring are avoided or mitigated to less than significant. 10 As discussed in Section 3.8, Hazards and Hazardous Materials, the fuel oil submarine 11 pipeline currently contains potable water and a preservative; however, unanticipated 12 residuals of oil may exist in previously pigged pipelines. Pipeline removal could release 13 pipeline contents into the environment, which would violate water quality standards. 14 Implementation of MM 810-8: Flush Fuel Oil Submarine Pipeline would ensure that 15 potential impacts from the accidental release of contents in the pipeline are avoided or 16 mitigated to less than significant. 17 A search of the SWRCB GeoTracker and California DTSC Envirostor online databases 18 in 2014 did not identify any hazardous material sites impacting the beach or ocean floor 19 in the Project area. Additionally, no hazardous materials spills affecting marine 20 resources have been documented in the area. Thus, seafloor and beach materials that 21 would be disturbed are not expected to contain contaminants. 22 Project activities have the potential to result in the discharge of fuels and lubricants to 23 soils, surface water and groundwater. As discussed in Section 3.8, Hazards and 24 Hazardous Materials, excavation in areas with known hydrocarbon contamination 25 (beach valve pit/vertical vault), if not properly conducted, may result in runoff that could 26 violate water quality standards. Implementation of MM HAZ-3a: Extended Phase I 27 Environmental Site Assessment (ESA), MM HAZ-3b: Use Personnel Trained to 28 Work with Hazardous Substances, MM HAZ-4: Disposal of Total Petroleum 29 Hydrocarbon (TPH)-Containing Soil, and MM HAZ-5: Onshore Hazardous Materials 30 Management and Contingency Plan Measures would ensure that the potential 31 impacts associated with the discharge of fuels and lubricants into the soils, surface 32 water, and groundwater are avoided or mitigated to less than significant. Because of the 33 limited amount of ground disturbance that would occur onshore and the existing 34 conditions at the Project site (e.g., relatively flat topography and paved or compacted 35 soil), erosion and sedimentation of surface water is also not anticipated to be a 36 significant Project-related impact. 37 b) Substantially deplete groundwater supplies or interfere substantially with 38 groundwater recharge such that there would be a net deficit in aquifer volume or 39 a lowering of the local groundwater table level (e.g., the production rate of pre- October 2015 3-95 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Hydrology and Water Quality 1 existing nearby wells would drop to a level which would not support existing land 2 uses or planned uses for which permits have been granted)? 3 No Impact. The Project is a short-term decommissioning of an existing facility and 4 would not use substantial water resources. There are no elements of the project that 5 would interfere with groundwater recharge; therefore, there would be no impact. 6 c) Substantially alter the existing drainage pattern of the site or area, including 7 through the alteration of the course of a stream or river, in a manner which would 8 result in substantial erosion or siltation on-or off-site? 9 Less than Significant Impact. The Project would include the excavation of soil and 10 beach sand; however, because all excavated areas would be restored to pre-Project 11 conditions, impacts would be Jess than significant. 12 d) St~bstantially alter the existing drainage pattern of the site or area, including 13 through the alteration of the course of a stream or river, or substantially increase 14 the rate or amount of surface runoff in a manner which would result in flooding 15 on-or off-site? 16 No Impact. The Project would not alter existing drainage patterns or increase the rate 17 or amount of stormwater runoff in a manner that would result in flooding on-or off-site; 18 therefore, there would be no impact. 19 e) Create or contribute runoff water which would exceed the capacity of existing 20 or planned stormwater drainage systems or provide substantial additional 21 sources of polluted runoff? 22 Less than Significant with Mitigation. Project activities would not create new 23 discharges of water to a stormwater drain system. However, as discussed under item a) 24 above, contaminate runoff could result if onshore equipment, containing fuels and 25 lubricants, or contaminated soils are improperly managed. Implementation of MM HAZ- 26 3a, MM HAZ-3b, MM HAZ-4, and MM HAZ-6 would avoid or mitigate the potential 27 impacts associated with the creation of polluted runoff to less than significant. 28 f) Otherwise substantially degrade water quality? 29 Less than Significant with Mitigation. Project activities with the potential to degrade 30 water quality are discussed and addressed in a) and e) above. 31 g) Place housing within a 100-year flood hazard area as mapped on a federal 32 Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard 33 delineation map? Encina MOT Decommissioning Project MND 3-96 October 2015 Environmental Checklist and Analysis -Hydrology and Water Quality 1 No Impact. The Project does not include housing within a 1 00-year flood hazard area; 2 therefore, there would be no impact. 3 h) Place within a 100-year flood hazard area structures which would impede or 4 redirect flood flows? 5 No impact. The Project does not include placing new structures in the 1 00-year flood 6 hazard area; therefore, there would be no impact. 7 i) Expose people or structures to a significant risk of loss, injury or death 8 involving flooding, including flooding as a result of the failure of a levee or dam? 9 No Impact. Due to the nature and location of the Project, people and structures would 10 not be exposed to a significant risk of loss, injury, or death due to flooding risks 11 associated with dam or levee failure; therefore, there would be no impact. 12 j) Inundation by seiche, tsunami, or mudflow? 13 Less than Significant Impact. The Project area is located south and east of the 14 western end of the Agua Hedionda Lagoon, which is susceptible to seiche (City of 15 Carlsbad [undated(a)]). Since, the Project is limited to infrastructure decommissioning, 16 and decommissioning is a short-term activity, it is not anticipated that workers would be 17 impacted by a seiche. The Project is also located adjacent to and in the ocean, areas 18 susceptible to a tsunami; however, due to the short duration of the Project, impacts of a 19 tsunami are considered low. Additionally, because of the relatively level topography of 20 the site and surroundings, the potential for damaging mudflow is not expected to be a 21 significant hazard at the Project site. As a result, impacts from a seiche, tsunami, or 22 mudflow are unlikely and impacts would be less than significant. 23 3.9.4 Mitigation Summary 24 Implementation of the following mitigation measure(s) would reduce the potential for 25 Project-related impacts to hydrology and water quality to less than significant. 26 • MM 810-6: Final Marine Safety and Anchoring Plan (MSAP). 27 • MM 810-7: 0~1 Spill Response Plan (OSRP). 28 • MM 810-8: Flush Fuel Oil Submarine Pipeline. 29 • MM HAZ-3a: Extended Phase I Environmental Site Assessment (ESA). 30 • MM HAZ-3b: Use Personnel Trained to Work with Hazardous Substances. 31 • MM HAZ-4: Disposal of Total Petroleum Hydrocarbon (TPH)-Containing Soil. 32 • MM HAZ-5: Onshore Hazardous Materials Management and Contingency Plan 33 Measures. October 2015 3-97 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Land Use and Planning 1 3.1 0.2 Regulatory Setting 2 3.10.2.1 Federal and State 3 Federal and State laws and regulations pertaining to this issue area and relevant to the 4 Project are identified in Table 1-2. 5 3.1 0.2.2 Local 6 The City of Carlsbad's land use plans and regulations applicable to onshore Project 7 activities include: the General Plan (comprising eight "elements"), Municipal Code 8 (Zoning), Encina Power Station Precise Development Plan, and the South Carlsbad 9 Coastal Redevelopment Project Area Plan. The City has an adopted Local Coastal 10 Program (City of Carlsbad 201 Oa); however, the segment covering the Project area 11 (Agua Hedionda Lagoon Segment) is not used because certification by the California 12 Coastal Commission was deferred. The North County MHCP and HMP for Natural 13 Communities are applicable to the City, including Agua Hedionda Lagoon, but not the 14 Project site. Specific goals, objectives, and policies from the above mentioned plans 15 applicable to land use are discussed below. 16 City of Carlsbad General Plan 17 The City of Carlsbad (2013a) General Plan Land Use Element identifies the desirable 18 pattern for the ultimate development of the City and addresses the provision of 19 adequate public facilities necessary to serve the land uses identified in the General 20 Plan. Specifically, the Land Use Element identified the following land use goal, 21 objective, and policies relevant to onshore Project activities. 22 • Goal: A City which protects and conserves natural resources, fragile ecological 23 areas, unique natural assets and historically significant features of the 24 community. 25 • Objective: To establish the preservation of the natural habitat of the rivers, 26 riverbanks, streams, bays, lagoons, estuaries, marshes, beaches, lakes, 27 shorelines and canyons and other areas containing rare and unique biological 28 resources as a high priority. 29 • Policy C.5: Limit future development adjacent to the lagoons and beach in such a 30 manner so as to provide to the greatest extent feasible the physical and visual 31 accessibility to these resources for public use and enjoyment. 32 • Policy C. 7: Require comprehensive environmental review in accordance with the 33 California Environmental Quality Act (CEQA) for all projects that have the 34 potential to impact natural resources or environmental features. Encina MOT Decommissioning Project MND 3-100 October 2015 Environmental Checklist and Analysis -Land Use and Planning 1 • Policy C.8: Require that the construction of all projects be monitored to ensure 2 that environmental conditions and mitigating measures are fully implemented and 3 are successful. 4 • Policy C.9: Implement to the greatest extent feasible the natural resource 5 protection policies of the Local Coastal Program. 6 The City of Carlsbad (2006) General Plan OSCE also contains goals, resources, and 7 policies that are relevant to the Project. 8 • Goal A.1: An open space system of aesthetic value that maintains community 9 identity, achieves a sense of natural spaciousness, and provides visual relief in 10 the cityscape. 11 • · Objective B.1: To preserve, protect and enhance those areas of the City that 12 provide unique and special open space functions including, but not limited to, 13 cultural and visual amenities, active and passive recreational uses, landmarks, 14 buffers between incompatible land uses, wildlife habitats, and unique and 15 desirable vegetation·. 16 The City of Carlsbad is updating its General Plan and has proposed draft goals and 17 policies that are either: the same as existing goals, objectives, or policies; a modified 18 version of one or more existing goal, objective or policy (some existing goals, 19 objectives, and policies have been reworded and/or combined to build upon the intent, 20 clarify, reflect current status, and/or to reduce redundancy); or new, meaning that the 21 topic is not addressed by an existing goal, objective, or policy. Based upon a review of 22 the City of Carlsbad's (undated[ c)) "Comparison of Proposed and Existing General Plan 23 Goals and Policies" document, the following new General Plan policies, if adopted, may 24 be considered relevant to the Project. 25 • Proposed Land Use and Community Design Element: 26 o Policy: Carlsbad Boulevard/Agua Hedionda Center, 2.P.79 West of the 27 Railroad Tracks. This policy calls for the decommissioning, demolition, and 28 remediation of the EPS site among other items. 29 • Proposed Open Space, Conservation and Recreation Element 30 o Goal: Beaches, Parks and Recreation, 4-G.8 -Improve and maintain high 31 quality beaches for residents and visitors. 32 • Proposed Arts, History, Culture and Education Element 33 o Policy: Archaeological and Paleontological Resources, 7 -P .1 0 -Require 34 consultation with the appropriate organizations and individuals (e.g., 35 Information Centers of the California Historical Resources Information 36 Systems, the Native American Heritage Commission, and Native American 37 groups and individuals) to minimize potential impacts to cultural resources 38 that may occur as a result of a proposed project October 2015 3-101 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Land Use and Planning 1 Encina Power Station Precise Development Plan 2 The Encina Power Station Precise Development Plan (City of Carlsbad 2014b) applies 3 to approximately 95 acres of property owned by the Applicant. This plan acknowledges 4 that decommissioning the EPS and remediating the site has begun. 5 South Carlsbad Coastal Redevelopment Project Area Plan 6 No elements of the South Carlsbad Coastal Redevelopment Project Area Plan are 7 directly relevant to the Project. The plan states, however, that uses for the generation 8 and transmission of electrical energy require a finding of "extraordinary public benefit 9 (Carlsbad Housing and Redevelopment Commission 2005)." The City Council has 10 made a finding that the potential future amended Carlsbad Energy Center Project 11 (CECP) would be of extraordinary public benefit. Decommissioning of EPS components 12 furthers a goal of a potential future Amended CECP within the redevelopment plan area. 13 3.1 0.3 Impact Analysis 14 a) Physically divide an established community? 15 No Impact. The Project is a short-term decommissioning project and would not 16 physically divide an established community. 17 b) Conflict with any applicable land use plan, policy, or regulation of an agency 18 with jurisdiction over the Project (including, but not limited to the general plan, 19 specific plan, local coastal program, or zoning ordinance) adopted for the 20 purpose of avoiding or mitigating an environmental effect? 21 Less than Significant Impact. The Project does not propose any uses that are 22 inconsistent with planned uses of the Project site and, over the long-term, would 23 maintain the natural assets of the Project area. Decommissioning activities would result 24 in short-term impacts both onshore (e.g., use of the beach and parking spaces on 25 Carlsbad Boulevard near the Project site) and offshore (e.g., uses of the ocean for 26 recreation), including direct preclusion from the placement of construction vehicles, 27 vessels, equipment, workers, and materials and indirect preclusion of persons seeking 28 to avoid construction noise. However, physical areas of impact would be restored to 29 pre-Project conditions and the Project schedule is generally based on a 5-day, 12- 30 hour/day work week, that avoids high use periods (summer months and weekends). 31 Exceptions to this general schedule may occur as described in Section 2.6, Preliminary 32 Decommissioning Schedule. Decommissioning activities requiring the use of equipment 33 within the City of Carlsbad require compliance with Chapter 8.48 of the City Municipal 34 Code, which limits disturbing or offensive construction noise to the hours between 7:00 35 a.m. and sunset on weekdays, between 8:00 a.m. and sunset on Saturdays, and Encina MOT Decommissioning Project MND 3-102 October 2015 Environmental Checklist and Analysis -Land Use and Planning 1 prohibits such noise on Sundays and on seven major holidays; however, Section 2 8.48.020 allows the City Manager to permit exceptions to these limits in nonresidential 3 zones where there are no inhabited dwellings within 1 ,000 feet of the noise source. In 4 addition to being temporary, these effects would be limited in area to the Project site, 5 and access to the beach and ocean is plentiful elsewhere in the Carlsbad area. 6 The EPS is zoned PU {Public Utility) and the land across Carlsbad Boulevard from the 7 EPS is zoned OS {Open Space), each with their own corresponding land use 8 designations. South of the fuel oil submarine pipeline landfall is an area zoned R-1 9 {One-Family Residential) with a land use designation RLM {Residential Low -Medium 1 0 Density). The Agua Hedionda Lagoon located north of the pipeline landfall is zoned OS 11 with a corresponding land use designation. Residential land uses located beyond the 12 Agua Hedionda to the north are zoned R-2 {Two-Family Residential) and RD-M 13 {Residential Density-Multiple). The land use designations are also residential {RM and 14 RH respectively) {City of Carlsbad 2012a; 2012b). Decommissioning of the EPS MOT is 15 consistent with these land use and zoning designations, and by decommissioning and 16 restoring the site in an environmentally safe manner, the Project aligns with the goals 17 and polices of the City of Carlsbad's General Plan {Land Use Element and Open Space 18 and Conservation Element) and Encina Power Station Precise Development Plan. 19 Removal of the pipeline offshore, including any associated infrastructure and debris, 20 would also restore the ocean bottom in support of Coastal Act Chapter 3 policies. 21 The Applicant would have to obtain additional required permits/approvals, as listed in 22 Section 1.7, prior to the start of decommissioning. With implementation of the MMs 23 identified in this MND and compliance with any conditions required by other agencies 24 with jurisdiction over the Project, the Project would be consistent with applicable plans, 25 policies, and regulations; therefore, the impact would be less than significant. 26 c) Conflict with any applicable habitat conservation plan or natural community 27 conservation plan? 28 No Impact. As described in Section 3.4, Biological Resources, the EPS is located within 29 the boundary of the City of Carlsbad's HMP, which guides local implementation for the 30 North County MHCP. The North County MHCP focuses on habitat preservation and 31 enhancement for the California gnatcatcher, and Agua Hedionda Lagoon and adjacent 32 areas to the east have been designated a core habitat area in the MHCP. The Project 33 would not adversely affect the California gnatcatcher or its habitat; therefore, the Project 34 would not conflict with any applicable habitat or natural community conservation plan. 35 3.10.4 Mitigation Summary 36 The Project would not result in significant impacts to land use and planning; no 37 mitigation is required. October 2015 3-103 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Mineral Resources 1 3.11.2.2 Local 2 The City of Carlsbad (2006) General Plan OSCE addresses mineral resources; 3 however, since there are no economically significant mineral resources in the City, there 4 are no relevant goals, objectives, or policies relevant to onshore Project activities. 5 3.11.3 Impact Analysis 6 a) Result in the loss of availability of a known mineral resource that would be of 7 value to the region and the residents of the State? 8 No Impact. The Project area consists of a developed energy facility site, public road, 9 beach, and ocean, and no mineral resource areas are located at the Project site, 10 adjacent to the Project site, or within the City of Carlsbad. Therefore, the project would 11 not result in the loss of availability of a known mineral resource that would be of value to 12 the region and the residents of the State. 13 b) Result in the loss of availability of a locally important mineral resource 14 recovery site delineated on a local general plan, specific plan or other land use 15 plan? 16 No Impact. The Project area consists of a developed energy facility site, public road, 17 beach, and ocean, and no mineral resource areas are located at the Project site, 18 adjacent to the Project site, or within the City of Carlsbad. Therefore, the Project would 19 not result in the loss of availability of a locally important mineral resource recovery site 20 delineated on a local general plan, specific plan or other land use plan. 21 The beach valve pit would be backfilled and compacted with approximately 87 cubic 22 yards of native soil from off-site sources (see Figure A 1-3 and Figure A2-5 in Appendix 23 A). Native backfill soil and sand from off-site sources will be obtained from approved 24 and permitted sources in accordance with the Surface Mining and Reclamation Act and 25 will have similar grain size characteristics and color to the surrounding soil and sand at 26 the Project site. 27 3.11.4 Mitigation Summary 28 The Project would not result in significant impacts to mineral resources; no mitigation is 29 required. October 2015 3-105 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Noise 1 level in decibels which are logarithmic (1, 10, 100 ... ) ratios comparing sound pressures 2 to a reference pressure. The reference pressure commonly used for noise measurements 3 in air is 20 IJPa. The quietest sound that a normal young adult human ear can hear is 4 assigned the value 0 dB. A multiplication of sound pressure by a factor of 10 corresponds 5 to an increase in sound pressure level of 20 dB. A doubling of any value of sound pressure 6 corresponds to an increase in sound pressure level of 6 dB. As a rule of thumb, a 1 dB 7 change in sound level requires close attention to notice a change in loudness, whereas a 8 3 dB change is clearly noticeable, and a 10 dB change would be nearly twice (or one- 9 half) as loud. Some sample typical SPLs for common sounds are: 10 dB for rustling of 10 leaves; 60 dB for ordinary conversation at 3 feet; and 100 dB for a power mower at 5 feet. 11 Because decibels are logarithmic ratios, they cannot be manipulated in the same way as 12 arithmetic numbers. Addition of decibels produces results such as 70 dB + 70 dB = 73 13 dB. When the difference between two sound levels is greater than about 10 decibels, the 14 lesser sound is negligible in terms of affecting the total level. 15 Sound level diminishes as distance from the source increases. For a "point" source of 16 sound in free space, the rate at which the sound attenuates is inversely proportional to 17 the square of the distance from the source. This means the sound level would drop 6 dB 18 each time the distance from the source is doubled. A stream of vehicles on a busy 19 highway represents a "line" source of sound and the attenuation rate is only about 3 dB 20 for each doubling of distance. 21 Another characteristic of sound that must be considered is frequency, which is measured 22 in Hz. One vibration per second equals 1 Hz. The human ear responds to sounds in the 23 frequency range from 20 Hz to 20 kHz. While loudness depends primarily on sound 24 pressure, it is also affected by frequency, and while pitch is closely related to frequency, 25 it also depends on sound pressure. Thus, a 2 kHz tone at 5 dB SPL sounds just as loud 26 as a 20 Hz tone at 70 dB SPL. A 20 Hz sound at 70 dB is quiet to the ear, while a 2 kHz 27 sound at 70 dB is quite loud. Because of these variations, systems have been developed 28 to relate physical measurements of sound to human response. Presently, the most widely 29 used measure of loudness for community noise evaluation is the A-weighted sound level. 30 Sound levels using this system are referred to as dBA. 31 The duration of noise and the time period at which it occurs are important factors in 32 determining the human response to sound. For example, noise induced hearing loss is 33 directly related to the magnitude, frequency, and duration of exposure. Annoyance due 34 to noise is also associated with how often noise is present and how long it persists. One 35 approach to quantifying time-varying noise levels is to calculate the Energy Equivalent 36 Sound Level (Leq) for the time period of interest. The Leq represents a sound level which, 37 if continuous, would contain the same total acoustical energy as the actual time-varying 38 noise which occurs during the observationperiod. October 2015 3-107 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Noise 1 sound in water is generally accepted as approximately 1 ,500 meters per second (m/s) or 2 4,921 feet per second (feet/s) compared to 340 m/s or 1,115 feet/s in the air, though it is 3 affected by numerous variables such as temperature and salinity, etc. A major difference 4 between underwater and in-air sound measures is that the amplitude of the reference 5 pressure variation in the case of underwater sound is by definition 1 IJPa (versus 20 IJPa 6 in air). This difference is an important cause of misunderstanding when comparing above- 7 water sound levels with underwater sound levels because both are expressed in decibels, 8 but with respect to a different reference level. A second important difference is the 9 difference in characteristic impedance between water and air. The characteristic 10 impedance (Z) is the product of density p and speed of sound c. Thus, Z = p x c. In water, 11 impedance is approximately 1 ,000 x 1 ,500 kilograms per square meter seconds (kg/m2s), 12 whereas in air impedance is approximately 1.2 x 340 kg/m2s. This difference corresponds 13 to a factor of almost 3,700, meaning that a particular pressure variation in water 14 represents much less power than the same pressure variation in air (Ainslie et al. 2009). 15 Numerous factors influence the efficiency of sound transmission in the ocean, including, 16 but not limited to: the variation of sound speed within the water column, bottom 17 bathymetry, sediment and subbottom layer composition and thickness. As reported by 18 Greeneridge (Appendix J), in the case of the MOT decommissioning site, the parameters 19 describing the acoustic waveguide environment are generally associated with high 20 transmission loss, which means that sound energy decreases rapidly with distance in this 21 environment. The very shallow waters (roughly 30m or less) lend themselves to repeated 22 interactions of sound waves with the seafloor and sea surface, with sound energy lost in 23 each interaction. In addition, the fine sand comprising the sediment layer attenuates 24 sound energy more than sediments of larger grain size. Furthermore, historical sound 25 speed profiles measured in the shallow waters off California are typically isovelocity 26 (approximately the same sound speed throughout the water column) or downward- 27 refracting (refracts sound waves toward the seafloor) and thus do not enhance long-range 28 sound transmission. All of these waveguide characteristics suggest that sound originating 29 at the MOT decommissioning site would likely suffer from relatively high acoustic 30 transmission loss and its received levels would decrease rapidly with distance from the 31 source. 32 3.12.2 Regulatory Setting 33 3.12.2.1 Federal and State 34 Federal and State laws and regulations pertaining to this issue area and relevant to the 35 Project are identified in Table 3.12-2. Encina MOT Decommissioning Project MND 3-110 October 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Environmental Checklist and Analysis-Noise (1995). The purpose of the Noise Guidelines Manual is to provide guidelines and procedures to implement policies outlined in the Noise Element of the City of Carlsbad General Plan, which establishes general policies and specific noise standards to achieve noise compatibility between land uses. The Noise Element identified one objective applicable to onshore Project activities: • Objective 8.2: To control harmful or undesirable noise is relevant to the Project. Noise generated from construction activities is regulated by Carlsbad Municipal Code Section 8.47. When potential noise impacts from construction activities have been identified (for projects requiring approval from the City), conditions from the Noise Guidelines Manual may be implemented to minimize those impacts. For example, prior to project approval, the project proponent may be required to produce evidence acceptable to the City that: • All construction vehicles or equipment, fixed or mobile, operated within 1 ,000 feet of a dwelling or noise sensitive use shall be equipped with properly operating and maintained mufflers; • Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings and other noise sensitive receptors. Carlsbad Municipal Code Section 8.48 addresses construction noise with a limit to construction working hours as follows. • 8.48.010 Limitation of hours for construction (Ord. 3109 § 1 (part), 1978)). The erection, demolition, alteration, or repair of any building or structure or the grading or excavation of land in such manner as to create disturbing, excessive or offensive noise during the following hours, except as hereinafter provided, is a violation of this code: o After sunset on any day, and before seven a.m., Monday through Friday, and before eight a.m. on Saturday; a~~w L.UI\l~f.. 't:.\~~ 13•~"~, Pe.E:s•OE"..JT~ .DA'I, " o All day on Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day. vC.oLU ,M.i>U.3 PA '( • 8.48.020 Exceptions (Ord. 3109 § 1 (part) 1978). o An owner/occupant or resident/tenant of residential property may engage in a home improvement or home construction project involving the erection, demolition, alteration or repair of a building or structure or the grading or excavation of land on any weekday between the hours of seven a.m. and sunset and on weekends between the hours of eight a.m. and sunset, provided such project is for the benefit of said residential property and is personally carried out by said owner/occupant or resident/tenant. Encina MOT Decommissioning Project MND 3-112 October 2015 Environmental Checklist and Analysis -Noise 1 o The city manager may grant exceptions to Section 8.48.010 by issuing a permit 2 in the following circumstances: when emergency repairs are required to protect 3 the health and safety of any member of the community; and in nonresidential 4 zones, provided there are no inhabited dwellings within one thousand feet of 5 the building or structure being erected, demolished, altered or repaired or the 6 exterior boundaries of the site being graded or excavated. 7 Based on the City of Carlsbad Noise Guidelines Manual, an exterior noise level of up to 8 60 dBA CNEL is considered "normally acceptable" for residential uses. A noise level 9 between 60 and 70 dBA CNEL is considered to be "normally unacceptable" and a noise 10 level of greater than 75 dBA CNEL is discouraged for construction of new residences. 11 Noise levels up to 70 dBA CNEL are considered to be normally acceptable for water 12 recreation areas (these are general standards, not construction noise thresholds). 13 3.12.3 Impact Analysis 14 a) Result in exposure of persons to or generation of noise levels in excess of 15 standards established in the local general plan or noise ordinance, or applicable 16 standards of other agencies? 17 Noise in Air 18 Less than Significant with Mitigation. Decommissioning activities would generate 19 temporary noise in the vicinity of the Project site. Noise levels and potential noise-related 20 impacts at receptor points near the Project site depend on three factors: (1) the location 21 and type of noise-generating equipment (source); (2) the distance between the noise 22 sources and sensitive receptors; and (3) the obstacles or barriers between the noise 23 sources and sensitive receptors that may influence sound propagation. The nearest 24 sensitive receptors are residential uses located about 1 ,400 feet south of the fuel oil 25 submarine pipeline landfall. To estimate noise levels at this location, a worst case "noise- 26 producing" scenario (requiring the most equipment/vessels in operation) was calculated 27 based on: construction equipment and vessel noise levels during decommissioning 28 activities in the onshore, beach, surf zone, and offshore segments; the percent usage 29 factor for each piece of equipment or vessel; and the distance between each noise- 3D generating piece of equipment or vessel and the sensitive receptor using the Federal 31 Highway Administration Roadway Construction Noise Model (RCNM). Table 3.12-3 32 shows the reference noise levels at 50 feet from the source for the types of equipment 33 associated with the Project under the modeled scenarios, as well as the expected percent 34 usage factor for the worst case phase/task for a given decommissioning segment (e.g., 35 hours of operation for the piece of equipment/total operating hours [days x 12 hours per 36 day]). Equipment with usage factors of less than one percent is not included in the table 37 below. October 2015 3-113 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Noise Table 3.12-3. Noise Levels at 50 Feet from Typical Project Equipment !Jic!~i~m~m·;~P~~:tF~~;~~~·ri:i~~~r·;:J~~,"··~~~~e,·~~~::JitiF;::·il·· .. ~er~t"t ~;:,qe;~;~~mwr:~c~;: Offshore Segment-Excavate and Remove Pipeline Barge with Generator (1) 81.0 100 Barge with Crane (1) 85.0 67 Barge Anchor Winches (2) 79.0 17 Barge with Pull Winch (1) 79.0 67 Tugboat #1 (1) 82.1 33 Tugboat #1-Generator (1) 83.0 100 Tugboat #2 (1) 82.1 33 Tugboat #2-Generator (1) 83.0 100 Crew Boat (1) 88.0 17 Crew Boat-Generator (1) 83.0 100 Welding Machine (1) 74.0 33 Jet Pump (1) 81.0 33 Industrial Air Compressor (1) 78.0 8 5120 Divers Air Compressor (1) 67.6 83 Surf Zone Segment-Excavate and Prepare for Surf Zone Extraction (Onshore) Excavator (2) 80.7 67 Dozer (1) 81.7 67 Loader (1) 79.1 33 Crane (1) 80.6 33 Divers Compressor (1) 67.6 67 Light Plant (2) 50.0 33 Surf Zone Segment-Excavate and Prepare for Surf Zone Extraction (Offshore) Barge with Generator (1) 80.0 Barge with Crane (1) 85.0 Barge Anchor Winches (2) 79.0 Barge with Pull Winch (1) 79.0 Tugboat #1 (1) 82.1 Tugboat #1 -Generator (1) 83.0 Crew Boat (1) 88.0 Crew Boat-Generator (1) 83.0 Welding Machine 74.0 Jet Pump (1) 81.0 Industrial Air Compressor (1) 78.0 5120 Divers Air Compressor (1) 67.6 Beach Segment-Remove/Store Riprap Groin Excavators (2) Bulldozer (1) Front-End Loader (1) Crawler Crane (1) Encina MOT Decommissioning Project MND 80.7 81.7 79.0 81.0 3-114 100 83 8 33 33 100 33 100 50 50 33 33 42 67 67 67 October 2015 Environmental Checklist and Analysis -Noise 1 Health Administration (OSHA) regulations for workers, the number of anchors and chains, 2 as well as the distance of the operation from shore, it is not expected that this activity 3 would result in significant noise impacts on the public. 4 For the onshore segment, the demolishing of the vertical vault of the underpass end 5 structure (on the west side of Carlsbad Boulevard) was considered the worst-case noise- 6 producing scenario. Under the worst-case scenario (i.e., all equipment operating at the 7 same location), noise levels would be 82.8 dBA, or 20.0 dBA higher than ambient, at a 8 distance 100 feet from the work area, which would mask any noise from offshore 9 operations. Noise levels at the closest residence (1 ,400 feet away) are estimated to be 10 63.4 dBA, an increase of 2.8 dBA, which is not typically considered a perceptible increase 11 in noise; however, when combined with the noise produced as a result of 12 decommissioning activities in the offshore segment, noise levels at the closest residence 13 would be 66.4 dBA, an increase of 5.8 dBA from ambient. This particular worst-case 14 noise-producing scenario would last about three weeks. Remaining decommissioning 15 work in the onshore and offshore segments, including work in both segments that would 16 overlap (which would last approximately 3 months), would be considerably less. 17 Most of the decommissioning work in the surf zone and beach segments would overlap, 18 with work occurring in the surf zone segment from September to early December and in 19 the beach segment from September to mid-November. The worst-case noise-producing 20 scenario for these segments would occur during the simultaneous restoration of the rip rap 21 groin on the beach and the extraction of the fuel oil submarine pipeline from the surf zone. 22 Noise levels during the removal of the rip rap groin are expected to be 78.1 dBA at 100 23 feet and, assuming that offshore work would occur 1 ,200 feet from shore, noise levels 24 from work in the surf zone segment would be 63.0 dBA onshore (not including the use of 25 DPR). The two combined noise levels from work in the surf zone and beach segments in 26 addition to the ambient noise level in the area would be 78.5 dBA onshore. At the closest 27 residence, noise levels are estimated to be 63.0 dBA (combined noise) during this worst- 28 case noise-producing scenario. This noise level is an increase of 2.4 dBA above ambient 29 and is generally not considered a perceptible increase in noise. More distant homes would 30 experience lower Project-related noise levels due to distance and some shielding (from 31 beach activities) provided by buildings. 32 Beach decommissioning activities that do not overlap with offshore work (e.g., removal 33 and storage of rip rap) are expected to increase noise levels at the closest residence by 34 an estimated 1.3 dBA, which is not considered a perceptible increase in noise; however, 35 within 100 feet of the work area, the noise level would be 79.1 dBA, which is 16.3 dBA 36 above ambient. 37 Additionally, if DPR were used to extract the fuel oil submarine pipeline from the surf 38 zone, a Taurus Rammer would generate additional noise over an approximate 4-hour 39 period. With a reference noise level of93 dB at 50 m (164 feet) the Taurus Rammer would Encina MOT Decommissioning Project MND 3-116 October 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Environmental Checklist and Analysis-Noise result in a barely noticeable difference in construction noise relative to the otherwise expected noise level at the beach and a substantial increase in noise at the closest residence during this combined surf zone and beach segment work (2.2 dBA and 9. 7 dBA, respectively) (TT Technologies, Inc. 2014).13 Decommissioning activities requiring the use of equipment within the City of Carlsbad would require compliance with Chapter 8.48 of the City of Carlsbad Municipal Code, which limits disturbing or offensive construction noise between 7 a.m. and sunset on weekdays, between 8 a.m. and sunset on Saturdays, and prohibits such noise on Sundays and on s~n major holidays (Section 8.48.020 allows the city manager to permit exceptions tt:ese limits in nonresidential zones where there are no inhabited dwellings within 1,0 feet of the noise source). .,.-e.£\. During decommissioning work in the surf zone and beach segment, nighttime or early morning work, and possibly some weekend work, may be required to take advantage of low tides in order to access the fuel oil submarine pipeline or rip rap groin. The exact timing of these events, if necessary at all, would depend on the tide schedule and the progress of removing the pipeline and riprap groin. If nighttime, early morning, or weekend work is necessary, an exemption from the requirements of Chapter 8.48 of the City of Carlsbad Municipal Code would be required. Overall, Project-generated noise levels may be considered significant in some cases, as described above, where sensitive receptors would be subject to a noticeable increase in noise levels. To ensure that potential short-term noise impacts associated with Project activities are avoided or mitigated to less than significant, the following measures would be implemented. MM NOI-1: Advanced Noticing. Advanced notices shall be posted on the beach and/or along Carlsbad Boulevard within a 1 ,500-foot radius around the fuel oil submarine pipeline to notify the public about the location and timing of decommissioning operations. The notices shall be: (1) posted at least 1 week prior to any decommissioning operations on the beach or ocean, and shall include a map of the Project site; (2) maintained until all Project operations impacting the beach and marine environment have been completed; a)ttl (3) removed within 1 week of completing t~~ operations described in the noticej o.n~ (_ y) CA. ~-\-Qd- f\afl'\ Q.. t.<.." d.. '"T> '\_O't\Q_ N u M h e.S ~ MM NOI-2: Shielding of Stationary Equipment. Onshore stationary noise sources shall be shielded, where feasible, using enclosures or barriers constructed of temporary prefabricated sound blankets or sound walls. 13 For purposes of this analysis, the dB value for the Taurus Rammer was assumed to be equivalent to the noise level of this equipment if it were A-weighted. This may not be the case, however, and the noise level as weighted for the human hearing range may be higher or lower. October 2015 3-117 Encina MOT Decommissioning Project MND 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Environmental Checklist and Analysis-Noise the Project work area as an offshore safety zone would be established (see Figure A 1-1 in Appendix A) and monitored by Project support boats; however, this safety zone, as currently identified, may not be adequate for the protection of persons underwater during DPR operations. Therefore, noise levels produced underwater by DPR could be harmful to humans. To ensure that potential noise impacts to divers, swimmers, surfers, or other persons underwater from DPR operations are avoided or minimized to less than significant, the following measures would be implemented. MM NOI-3: Advanced Notice to Swimmers and Divers. At least 1 week prior to and during dynamic pipe ramming (DPR) operations, written notice to swimmers and divers shall be posted at area dive shops and along the beach within 1 ,500 feet of the DPR site indicating that swimming and diving in the Project area may be harmful due to underwater noise impacts during DPR operations. The notice shall state that the Project area should be avoided during the DPR operation period, which shall be identified on the notice along with a map showing the Project a~eaL~d suggested {!rea of preclusion for divers and swimmer5x O..f'"\a, a.. ~-\oc:\ ~e. D..~--=?IILCMa. f\UI"Y\b42-V · This notice may be a supp1ement by the notice described in MM NOI-1 above. MM NOI-4: Observation and Removal of Divers and Swimmers from Waters in Project Area. Marine wildlife monitors (MWMs) onboard Project vessels shall be instructed to observe for non-Project-related divers or swimmers in or about to enter the safety zone established for marine wildlife; however, the safety zone for human divers and swimmers may be modified based on the sound source characterization to be conducted for dynamic pipe ramming. If such persons are observed by MWMs or vessel crews, a support vessel shall be mobilized to inform them that their presence is not allowed in the Project safety zone, and the vessel crew shall arrange for them to be escorted from the active survey area. b) Result in exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? Less than Significant Impact. The Project would require the use of terrestrial construction equipment and vehicles; however, none of the equipment or vehicles are expected to create any greater vibration than that associated with the common garbage truck. Additionally, the construction site is distant enough from sensitive receptors (i.e., residences are located about 1 ,400 feet south of the fuel oil submarine pipeline landfall) that vibrations from the Project would not be noticeable to these receptors; therefore, the impact would be less than significant. c) Result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? October 2015 3-119 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Noise 1 No Impact. The Project would result in a short-term increase in noise as a result of 2 decommissioning activities; however, the Project would not result in a substantial 3 permanent increase in ambient noise levels above existing levels; therefore, there would 4 be no impact. 5 d) Result in a substantial temporary or periodic increase in ambient noise levels in 6 the project vicinity above levels existing without the project? 7 Less than Significant with Mitigation. See response for a) above. 8 e) For a project located within an airport land use plan or, where such a plan has 9 not been adopted, within two miles of a public airport or public use airport, would 1 0 the project expose people residing or working in the project area to excessive noise 11 levels? 12 No Impact. The Project is not located within the Noise Hazard Area as identified in the 13 McClellan-Palomar Airport Land Use Compatibility Plan (San Diego County Airport Land 14 Use Commission 201 0). As a result, the Project would not expose residents or workers 15 in the Project area to excessive noise associated with aviation; therefore, there would be 16 no impact. 17 f) For a project within the vicinity of a private airstrip, would the project expose 18 people residing or working in the project area to excessive noise levels? 19 No Impact. The Project site is not in the vicinity of a private airstrip; therefore, there would 20 be no impact. 21 3.12.4 Mitigation Summary 22 Implementation of the following mitigation measure(s) would reduce the potential for 23 Project-related noise impacts to less than significant. 24 • MM NOI-1: Advanced Noticing. 25 • MM NOI-2: Shielding of Stationary Equipment. 26 • MM NOI-3: Advanced Notice to Swimmers and Divers. 27 • MM NOI-4: Observation and Removal of Divers and Swimmers from Waters in 28 Project Area. Encina MOT Decommissioning Project MND 3-120 October 2015 Environmental Checklist and Analysis-Population and Housing 1 3.13.2.2 Local 2 The City of Carlsbad (2014c) Draft General Plan Housing Element addresses housing in 3 the city; however, because the Project is a short-term decommissioning project, there 4 are no relevant goals, objectives, or policies applicable to onshore Project activities. 5 3.13.3 Impact Analysis 6 a) Induce substantial population growth in an area, either directly (for example, by 7 proposing new homes and businesses) or indirectly (for example, through 8 extension of roads or other infrastructure)? 9 Less than Significant Impact. The Project would not induce substantial population 10 growth in the area, either directly or indirectly. The Project is a short-term and would not 11 provide new housing or long-term employment. Short-term construction employment 12 opportunities would be created, many of which would be for persons with specialized 13 skills (e.g., marine vessel, equipment operators). These workers are expected to come 14 from the Project region or be mobilized from ports in Southern California. As such, no 15 demand for additional permanent housing would result; therefore, the impact would be 16 less than significant. 17 b) Displace substantial numbers of existing housing, necessitating the 18 construction of replacement housing elsewhere? 19 No Impact. The Project would not displace substantial numbers of existing housing, 20 necessitating the construction of replacement housing elsewhere. The Project is short- 21 term and workers are expected to come from the Project region or be mobilized from 22 Ports in Southern California. As such, the Project would not displace existing housing; 23 therefore, there would be no impact. 24 c) Displace substantial numbers of people, necessitating the construction of 25 replacement housing elsewhere? 26 No Impact. The Project would not displace substantial numbers of people, 27 necessitating the construction of replacement housing elsewhere. The Project is short- 28 term and workers are expected to come from the Project region or be mobilized from 29 Ports in Southern California. As such, the Project would not displace people from the 30 area; therefore, there would be no impact. 31 3.13.4 Mitigation Summary 32 The Project would not result in significant impacts to population and housing; no 33 mitigation is required. Encina MOT Decommissioning Project MND 3-122 October 2015 Environmental Checklist and Analysis -Public Services 1 • Objective 8.4: To encourage crime prevention through the planning process by 2 establishing specific design criteria and standards to be used in the review of 3 land use development. 4 3.14.31mpact Analysis 5 a) Would the Project result in substantial adverse physical impacts associated 6 with the provision of new or physically altered governmental facilities, need for 7 new or physically altered governmental facilities, the construction of which could 8 cause significant environmental impacts, in order to maintain acceptable service 9 ratios, response times or other performance objectives for any of the public 1 0 services: 11 • Fire protection? 12 • Police Protection? 13 • Schools? 14 • Parks? 15 • Other public facilities? 16 No Impact. The Project is a short-term decommissioning project that does not involve 17 the construction of any residences, buildings, or infrastructure. During decommissioning 18 activities, there is the potential for a temporary increase in demand for fire, police, or 19 maritime law enforcement services; however, the Project is short-term and would not 20 require any additional services outside of those mentioned above and already available. 21 Therefore, there would be no impacts resulting from the Project that would require new 22 or physically altered governmental facilities associated with fire protection, police 23 services, schools, parks, or other public services. 24 3.14.4 Mitigation Summary 25 The Project would not result in significant impacts to public services; no mitigation is 26 required. Encina MOT Decommissioning Project MND 3-126 October 2015 Environmental Checklist and Analysis-Recreation 1 No Impact. Decommissioning activities on the beach would require the temporary 2 removal of the lifeguard tower, which would require the Applicant to obtain a right-of- 3 entry permit from the California Department of Parks and Recreation. However, the 4 Project does not include the construction of recreational facilities, nor would it create a 5 demand for parks and recreational facilities such that new construction would be 6 warranted; therefore, there would be no impact. 7 3.15.4 Mitigation Summary 8 The Project would not result in significant impacts to recreation; no mitigation is 9 required. October 2015 3-129 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Transportation/Traffic 1 • Cannon Road is an east-west roadway that connects Carlsbad Boulevard to 1-5 2 south of the Project site. According to the City of Carlsbad (2013b) General Plan 3 Circulation Element, Cannon Road is classified as a major arterial. Major arterials 4 typically limit access to adjacent properties and enable circulation within the city, 5 as well as provide connection to regional roadways and freeways. It is an 6 undivided arterial with two lanes in each direction. 7 • Tamarack Avenue is an east-west roadway classified as a modified collector 8 street between Carlsbad Boulevard and Skyline Road. 9 • Carlsbad Boulevard is a north-south roadway that connects the Project site to 10 Cannon Road to the south and Tamarack Avenue to the north. According to the 11 City of Carlsbad (2013b) General Plan, Carlsbad Boulevard is a major arterial. It 12 is a divided arterial with two lanes in each direction with a designated bike route. 13 Data from the CECP environmental review (CEC 2009) indicate that all area roadways 14 in the Project vicinity were operating at an acceptable level, Level of Service C or better. 15 Truck routes in the City of Carlsbad are defined in the City Municipal Code and are 16 listed below (J. Kim, personal communication, 2014) (routes likely to be used by 17 Project-related traffic are in bold). Trucks must enter the EPS from the south (so that 18 entry into the facility can be made safely via a right turn) and must exit the EPS by 19 making a right turn onto Carlsbad Boulevard heading north. 20 1. Carlsbad Boulevard from the northerly to the southerly city limits; 21 2. Carlsbad Village Drive from Carlsbad Boulevard east to 1-5 Freeway; 22 3. Tamarack Avenue from 1-5 Freeway to Carlsbad Boulevard; 23 4. Cannon Road from Carlsbad Boulevard to El Camino Real; 24 5. 1-5 Freeway, northerly city limits to southerly city limits; 25 6. Palomar Airport Road from Carlsbad Boulevard to easterly city limits; 26 7. El Camino Real from northerly city limits to southerly city limits; 27 8. La Costa Avenue from the westerly city limits to El Camino Real; 28 9. Rancho Santa Fe Road from the southerly city limits to the northerly city limits; 29 10. Olivenhain Road from the westerly city limits to Rancho Santa Fe Road; 30 11. Melrose Drive from Palomar Airport Road to the northerly city limits; 31 12.Faraday Avenue from Cannon Road to the easterly city limits; 32 13. College Boulevard from Palomar Airport Road to El Camino Real; and 33 14. El Fuerte Street from Palomar Airport Road to Faraday Avenue. 34 3.16.2 Regulatory Setting 35 3.16.2.1 Federal and State 36 Federal and State laws and regulations pertaining to this issue area and relevant to the 37 Project are identified in Table 3.16-1. October 2015 3-131 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Transportation/Traffic 1 the Project's shore base, which would be located at Oceanside Harbor, the Unified Port 2 of San Diego, Port of Long Beach, or Port of Los Angeles. 3 As shown on Figure 2-17, approximately 150 linear feet of parking area on Carlsbad 4 Boulevard would be used for temporary truck parking during loading operations, which 5 would impact an estimated seven parking spaces (assuming a stall length of 20 to 22 6 feet). Loading operations would be limited to periods when land-based equipment would 7 be brought to and from the beach and during other limited work tasks in the onshore 8 and beach segments, including: the removal of concrete, rebar, gravel, and riprap from 9 the underpass end structure (four truck trips); the import of beach sand backfill (nine 10 truck trips); and while backfilling the underpass end structure with beach sand (11 truck 11 trips). Although work in the onshore and beach segments would last 6 months (3 12 months for each segment), the parking spaces would not have be blocked off during 13 that entire period, only during the specific operations previously identified. In order to 14 temporarily block the parking spaces, the City of Carlsbad would require the Applicant 15 to obtain a Right-of-Way Permit. The permit requires that signage be posted a week 16 prior to the blockage and that the parking area be returned to its original condition when 17 it is no longer needed. The City of Carlsbad typically does not require mitigation for 18 temporary closures (J. Geldert, personal communication, July 7, 2014); however, the 19 Applicant would comply with all requirements of the Right-of-Way Permit, including the 20 provision of temporary replacement parking should it be required. 21 Implementation of the following measures would ensure that potential roadway 22 congestion (levels of service) impacts are avoided or mitigated to Jess than significant. 23 MM TRA-1: Trucks Avoid Peak Hours. Construction truck traffic affecting State 24 highways shall be confined to hours outside of the peak AM and PM commute 25 periods. 26 MM TRA-2: Carpooling. The contractor shall implement a worker carpool 27 program to minimize the number of vehicular trips required to transport workers 28 to and from the Project site. This measure shall be identified as a requirement in 29 the contractor bid package. 30 To ensure that potential impacts associated local traffic safety hazards (including 31 hazards to pedestrians, bicyclists, and motorists) are avoided or mitigated to less than 32 significant, the following measure will be implemented. 33 MM TRA-3: Construction Safety and Traffic Management/Control (CSTMC) 34 Plan. A CSTMC Plan shall be developed for review by the City of Carlsbad and 35 implemented. The Plan shall include, but not necessarily be limited to: (1) traffic 36 control strategies; (2) traffic control devices to be used; (3) public awareness 37 strategies; (4) motorist information methods; (5) alternate pedestrian and bicycle October 2015 3-133 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Transportation/Traffic 1 access routing; (6) work zone safety management strategies; and (7) 2 contingency and incident plans. 3 The Plan would include the requirement that the contractor obtain the necessary Right- 4 of-Way Permit required by the City of Carlsbad. 5 To ensure that potential impacts to public infrastructure from construction traffic are 6 avoided or reduced to less than significant, the following measure would be 7 implemented. 8 MM TRA-4: Protect Infrastructure Improvements. The Applicant shall ensure 9 that the onshore contractor include proper precautions to protect all existing 10 pavement, curbs, gutters, and drainage structures from unintentional damage 11 during Project construction. Any portion damaged as a result of Project 12 construction shall be repaired or replaced in accordance with current City of 13 Carlsbad Standard Construction Details. 14 Offshore vessel activity associated with the surf zone and offshore segments may also 15 temporarily interfere with vessels transiting through the marine work area; however, the 16 Project site is located outside of any recognized vessel transit lanes, and marine 17 construction traffic for the Project would abide by all applicable maritime regulations. 18 To ensure that potential impacts associated with offshore transportation hazards are 19 avoided or reduced to less than significant, the following measure would be 20 implemented. 21 MM TRA-5: Local Notice to Mariners. All offshore operations shall be described 22 in a Local Notice to Mariners to be submitted to the U.S. Coast Guard at least 15 23 days prior to decommissioning activities. 24 b) Conflict with an applicable congestion management program, including, but 25 not limited to level of service standards and travel demand measures, or other 26 standards established by the county congestion management agency for 27 designated roads or highways? 28 No Impact. SANDAG is responsible for regional transportation management in San 29 Diego County. In 2011, the SANDAG Board of Directors adopted the 2050 Regional 30 Transportation Plan and Sustainable Communities Strategy to facilitate a long-term 31 planning strategy for transportation in the region (SANDAG 2014); however, these 32 documents do not include any elements that are applicable to the Project, which is a 33 short-term decommissioning project. Therefore, there would be no impact. 34 c) Result in a change in air traffic patterns, including either an increase in traffic 35 levels or a change in location that results in substantial safety risks? Encina MOT Decommissioning Project MND 3-134 October 2015 Environmental Checklist and Analysis-Transportation/Traffic 1 No Impact. The Project would not require increased air traffic or result in any changes 2 to air transportation; therefore, there would be no impact. 3 d) Substantially increase hazards due to a design feature (e.g., sharp curves or 4 dangerous intersections) or incompatible uses (e.g., farm equipment)? 5 Less than Significant with Mitigation. The Project would result in the temporary 6 introduction of roadway and sidewalk hazards due to construction as detailed in item a) 7 above. Therefore, MM TRA-1 through MM TRA-3 would be implemented to avoid or 8 mitigate safety hazards due to incompatible uses (construction vehicles conflict with 9 motorists, bicyclists and pedestrians) to less than significant. 1 0 e) Result in inadequate emergency access? 11 Less than Significant Impact. The Project may result in a short-term encroachment on 12 Carlsbad Boulevard. In this case, a Right-of-Way Permit from the City of Carlsbad 13 would be required (J. Geldert, personal communication, July 7, 2014). All conditions of 14 the encroachment permit would be implemented and no long-term effect on roadway 15 access would result; therefore, the Project would have a less than significant impact on 16 emergency access. 17 f) Conflict with adopted policies, plans or programs regarding public transit, 18 bicycle, or pedestrian facilities, or otherwise decrease the performance or safety 19 of such facilities? 20 Less than Significant with Mitigation. The Project would result in the temporary 21 introduction of roadway and sidewalk hazards due to construction as detailed in item a) 22 above. Therefore, MM TRA-1 through MM TRA-3 would be implemented to avoid or 23 mitigate conflicts with adopted policies, plans, or programs regarding public transit, 24 bicycle, or pedestrian facilities to less than significant. 25 3.16.4 Mitigation Summary 26 Implementation of the following mitigation measures would reduce the potential for 27 Project-related impacts to transportation/traffic to less than significant. 28 • MM TRA-1: Trucks Avoid Peak Hours. 29 • MM TRA-2: Carpooling. 30 • MM TRA-3: Construction Safety and Traffic Management/Control (CSTMC) Plan. 31 • MM TRA-4: Protect Infrastructure Improvements. 32 • MM TRA-5: Local Notice to Mariners. October 2015 3-135 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Utilities and Service Systems 1 Section 3.8, Hazardous Materials. All hazardous materials will be taken to a facility 2 authorized to receive these materials. 3 Within the City of Carlsbad, Waste Management provides residential and commercial 4 trash service through a contract with the city; however, solid waste generated as a 5 result of decommissioning activities would likely be taken to Miramar Landfill for 6 recycling and/or disposal. According to the City of San Diego, the Miramar Landfill has 7 capacity anticipated until the year 2022 (City of San Diego 2015). The remaining 8 capacity is over 15 million cubic yards (CaiRecycle 2015). Disposal of anchors and 9 chains would also require transit to San Diego Harbor, located approximately 35 miles 10 south of the Project site, or to the Port of Long Beach/Port of Los Angeles for transfer to 11 Miramar Landfill. 12 3.17.2 Regulatory Setting 13 3.17.2.1 Federal and State 14 Federal and State laws and regulations pertaining to this issue area and relevant to the 15 Project are identified in Table 3.17-1. Table 3.17-1. Laws, Regulations, and Policies (Utilities and Service Systems) CA Coastal Act Coastal Act Chapter 3 policies applicable to this issue area are: Chapter 3 • Section 30254 states: New or expanded public works facilities shall be policies (see designed and limited to accommodate needs generated by development or also Table 1-2) uses permitted consistent with the provisions of this division; provided, however, that it is the intent of the Legislature that State Highway Route 1 in rural areas of the coastal zone remain a scenic two-lane road. Special districts shall not be formed or expanded except where assessment for, and provision of, the service would not induce new development inconsistent with this division. Where existing or planned public works facilities can accommodate only a limited amount of new development, services to coastal-dependent land use, essential public services and basic industries vital to the economic health of the region, state, or nation, public recreation, commercial recreation, and visitor-serving land uses shall not be precluded by other development. • Section 30254.5 states in part: Notwithstanding any other provision of law, the commission may not impose any term or condition on the development of any sewage treatment plant which is applicable to any future development that the commission finds can be accommodated by that plant consistent with this division .... 16 3.17.2.2 Local 17 There are no local goals, policies, and/or regulations applicable to this issue area that 18 are relevant to the Project. October 2015 3-137 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Utilities and Service Systems 1 3.17.31mpact Analysis 2 a) Exceed wastewater treatment requirements of the applicable Regional Water 3 Quality Control Board? 4 Less than Significant Impact. The Project would be limited to onshore and offshore 5 decommissioning activities and would not exceed the wastewater treatment 6 requirements of the RWQCB. Short-term sanitary needs would be met by existing 7 facilities or systems on Project vessels or platforms and through the use of portable 8 restrooms (the companies providing these services are responsible for complying with 9 the applicable regulations pertaining to the disposal of sanitary waste). Therefore, there 10 would be a less than significant impact to wastewater treatment requirements. 11 b) Require or result in the construction of new water or wastewater treatment 12 facilities or expansion of existing facilities, the construction of which could cause 13 significant environmental effects? 14 No Impact. The Project would be limited to onshore and offshore decommissioning 15 activities and would not require or result in the construction of new, or the expansion of 16 existing, water or wastewater treatment facilities. Short-term sanitary needs would be 17 met by existing facilities or systems on Project vessels or platforms and through the use 18 of portable restrooms; therefore, there would be no impact. 19 c) Require or result in the construction of new storm water drainage facilities or 20 expansion of existing facilities, the construction of which could cause significant 21 environmental effects? 22 No Impact. Due to the nature of the Project, no additional stormwater drainage facilities 23 or expansion of such facilities would be required; therefore, there would be no impact. 24 d) Have sufficient water supplies available to serve the Project from existing 25 entitlements and resources, or are new or expanded entitlements needed? 26 Less than Significant Impact. The short-term water needs of the Project would be met 27 by local purveyors. Due to the minimal Project demand for water, no significant impact 28 would result. 29 e) Result in a determination by the wastewater treatment provider which serves or 30 may serve the Project that it has adequate capacity to serve the Project's 31 projected demand in addition to the provider's existing commitments? 32 Less than Significant Impact. See response to a) above. Encina MOT Decommissioning Project MND 3-138 October 2015 Environmental Checklist and Analysis-Utilities and Service Systems 1 f) Be served by a landfill with sufficient permitted capacity to accommodate the 2 Project's solid waste disposal needs? 3 Less than Significant Impact. The Project would result in some decommissioning 4 residuals (e.g., anchors, chains, riprap, piping); however, the volume of these materials 5 would be insubstantial relative to the solid waste stream of the Project area. 6 Additionally, the Applicant proposes to implement the following APM to further reduce 7 the Project's sold waste disposal needs at landfills. 8 APM UTI-1: Reuse and Recycle Debris. The decommissioning contractor shall 9 dispose of recovered materials (e.g., anchors, chains, riprap, piping) that can be 10 reused and recycled at an appropriate facility if feasible. 11 g) Comply with federal, state, and local statutes and regulations related to solid 12 waste? 13 Less than Significant Impact. See response to f) above. 14 3.17 .4 Mitigation Summary 15 The Project would not result in significant impacts to utilities and service systems; no 16 mitigation is required. However, the following APM would further reduce the Project's 17 less than significant impact to solid waste disposal capacity and would support the 18 intent of State regulations pertaining to solid waste reduction. 19 • APM UTI-1: Reuse and Recycle Debris. October 2015 3-139 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis -Mandatory Findings of Significance 1 Materials, Hydrology and Water Quality, Noise, and Transportation/Traffic. However, 2 measures have been identified in each environmental discipline's respected section that 3 would reduce these impacts to a level of less than significant. 4 b) Does the project have impacts that would be individually limited, but 5 cumulatively considerable? ("Cumulatively considerable" means that the 6 incremental effects of a project are considerable when viewed in connection with 7 the effects of past projects, the effects of other current projects, and the effects 8 of probable future projects.) 9 Less than Significant with Mitigation. Past, current, and reasonably foreseeable 10 projects that are within 0.25 mile of the proposed Project are provided in Table 3.18-1. Table 3.18-1. Relevant Cumulative Projects ' p(()j~c:t N~me ·x~l;;:~, .• ~;l•11,•·•••• ;y· arl~f;,pesc{Jp~~pri ',' '•~·•li:~t~~;· { . ;•';!., \,! ·~f~ 1. Agua Hedionda Periodic dredging of Agua Hedionda Lagoon to ensure Periodic Lagoon Dredging adequate flow to the cooling water inlet for the EPS. dredging 2. 1-5 North Coast 1-5 Freeway improvements from La Jolla Village Drive in the Pending Corridor Project City of San Diego and extend northward (approximately 27 construction miles) to Harbor Drive in the City of Oceanside. ! 3. Carlsbad The Carlsbad Desalination Plant is currently being built on Under Desalination industrially zoned land adjacent to the EPS by Poseidon Water. construction Plant 4. Carlsbad Carlsbad Boulevard improvements would be in support of the Pending Boulevard City of Carlsbad's Mobility Element in its draft General Plan. construction Improvement Improvements include: completion of pedestrian and bikeway Project paths/lanes; construction of a roundabout at the intersection of Cannon Road and Carlsbad Boulevard; and improvements at the intersection of Carlsbad Boulevard and Tamarack Avenue. 5. PDP 00-02(C) -This project extends in a north-south direction from the Agua Under Agua Hedionda Hedionda Lagoon to the Encina Water Pollution Control construction Sewer Lift Station Facility. The project involves the installation of a sewer trunk & Gravity & Force line (3,960-foot-long force main and a 8,420-foot-long gravity Mains sewer line), a sewer lift station (50 million gallons/day capacity), and a sewer support bridge (140-foot weathered steel span), and improvements to the Vista/Carlsbad Sewer Interceptor System. 6. Carlsbad Energy Construction of a new electric generating facility to be sited Pending Center Project along the eastern boundary of the EPS that would replace the construction aging, inefficient EPS Units 1-5 that employ once-through cooling using seawater. Once constructed and operational, the project includes the removal and remediation of existing EPS generating equipment and structures. 11 As provided in this MND, the Project has the potential to significantly impact the 12 following environmental disciplines: Aesthetics, Biological Resources (Marine), Cultural 13 and Paleontological Resources, Hazards and Hazardous Materials, Hydrology and 14 Water Quality, Noise, and Transportation/Traffic. However, measures have been 15 identified that would reduce these impacts to a level of less than significant. For any October 2015 3-141 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Mandatory Findings of Significance 1 impacts to act cumulatively on any past, present, or any reasonably foreseeable 2 projects, these projects would have to have individual impacts in the same resource 3 areas at the same time and in the same localized area as the proposed Project. 4 Because the potential impacts of the proposed Project could be exacerbated by other 5 projects, the potential for cumulative impacts are described below. 6 Aesthetics. Projects that may impact the same visual receptor locations as the Project 7 include the CECP and the Carlsbad Boulevard Improvement Project (it is anticipated 8 that Agua Hedionda Lagoon Dredging would not occur concurrently with the Project). 9 These projects together with the proposed Project would exacerbate short-term 10 aesthetic impacts. The approved CECP has a requirement for landscape and fence 11 screening of certain visible construction areas (CEC 2009), and the Project would limit 12 onshore decommissioning months outside of the peak public use period. Project- 13 specific mitigation measures (identified in Section 3.1, Aesthetics), and the short-term 14 nature of the proposed Project and other projects in the area, would further mitigate the 15 Project's contribution to cumulative aesthetic impacts. Therefore, impacts to aesthetics 16 would be less than significant and are not cumulatively considerable. 17 Biological Resources (Marine). There are no identified pending or approved projects in 18 the Project area that, together with the proposed Project, would result in cumulative 19 impacts to marine resources. Therefore, impacts to marine biological resources are not 20 cumulatively considerable. 21 Cultural and Paleontological Resources. Impacts to cultural and paleontological 22 resources are potentially cumulatively significant under any circumstance; however, 23 Project-specific mitigation measures for cultural and paleontological resources 24 (identified in Section 3.5, Cultural and Paleontological Resources) would further mitigate 25 the Project's contribution to cumulative impacts on these resources. Therefore, impacts 26 associated with cultural and paleontological resources would be less than significant 27 and are not cumulatively considerable. 28 Hazards and Hazardous Materials. Worker and public health hazards associated with 29 the Project are generally site-specific in that they are associated with potential on-site 30 hazardous materials (e.g., LBP, ACM, hydrocarbon-containing soils). However, the 31 potential exposure to toxins may be considered cumulatively significant due to the 32 ubiquitous nature of toxins in the environment. Project-specific mitigation measures for 33 hazardous materials (identified in Section 3.8, Hazards and Hazardous Materials) would 34 further mitigate the proposed Project's contribution to cumulative hazardous materials 35 impacts. Therefore, impacts associated with hazardous materials would be less than 36 significant and are not cumulatively considerable. 37 Hydrology and Water Quality. Dredging of the Agua Hedionda Lagoon and other 38 construction projects, including the proposed Project, have the potential to result in Encina MOT Decommissioning Project MND 3-142 October 2015 Environmental Checklist and Analysis -Mandatory Findings of Significance 1 water quality impacts to marine and freshwater systems. It is expected that all projects 2 would comply with stormwater pollution management regulations, as well as project- 3 specific mitigation. Project-specific mitigation measures for water quality (identified in 4 Section 3.9, Hydrology and Water Quality) would further mitigate the proposed Project's 5 contribution to cumulative water quality impacts. Therefore, impacts associated to water 6 quality would be less than significant and are not cumulatively considerable. 7 Noise. The CECP is the only cumulative project listed above that is close enough 8 (spatially or temporally) to the Project area and of a nature to result in cumulative noise 9 impacts. Noise impacts resulting from the proposed Project would be short-term, and all 10 projects within the City of Carlsbad must comply with Chapter 8.48 of the City's 11 Municipal Code, which generally limits disturbing or offensive construction noise to the 12 hours between 7:00 a.m. and sunset on weekdays and between 8:00 a.m. and sunset 13 on Saturdays, and prohibits such noise on Sundays and major holidays. Project-specific 14 mitigation measures for noise (identified in Section 3.12, Noise) would further mitigate 15 the proposed Project's contribution to cumulative noise impacts. Therefore, impacts to 16 noise would be less than significant and are not cumulatively considerable. 17 Transportation/Traffic. Construction of the CECP and any other project in the vicinity of, 18 and at the same time as, the proposed Project would add traffic to local roadways and 19 could impact the existing traffic load and capacity of the street system. Construction 20 activities could also impact emergency access and parking capacity, encroach on public 21 transportation and pedestrian facilities, and introduce oversized and overweight 22 vehicles. The CECP includes a mitigation measure to address short-term transportation 23 impacts, which requires the project owner to consult with the City of Carlsbad and 24 prepare and submit a construction traffic control plan and implementation program to 25 the Compliance Project Manager for approval. Additionally, Project-specific mitigation 26 measures for transportation and traffic (identified in Section 3.16, Transportation/Traffic) 27 would further mitigate the proposed Project's contribution to cumulative transportation 28 and traffic impacts. The Project-incorporated mitigation measure MM TRA-3 requires 29 that the Applicant prepare and submit to the City of Carlsbad a Construction Safety and 30 Traffic Management/Control (CSTMC) Plan and obtain "Right-of-Way" Permits from the 31 City. This measure would ensure appropriate coordination with the City of Carlsbad 32 such that proposed improvements to Carlsbad Boulevard and Project implementation 33 would not conflict. With the implementation of mitigation, impacts to transportation and 34 traffic would be less than significant and are not cumulatively considerable. 35 Recreation/Utilities and Service Systems. The Project requirements for parks and 36 recreation facilities and utilities and service systems (e.g., water, sewage, solid waste 37 disposal capacity) are inconsequential (de minims) on a cumulative basis due to the 38 short-term duration and nature of the Project. Therefore, impacts to these environmental 39 disciplines would be less than significant and are not cumulatively considerable. October 2015 3-143 Encina MOT Decommissioning Project MND Environmental Checklist and Analysis-Mandatory Findings of Significance 1 The Project would have no impact on the following environmental disciplines and, 2 therefore, would not contribute to any cumulatively considerable impacts: Agriculture 3 and Forest Resources, Mineral Resources, and Public Services. 4 Mitigation measures that are required to reduce Project-specific impacts would reduce 5 the proposed Project's contribution to cumulatively significant impacts, as identified 6 above; therefore, no additional mitigation is required. 7 c) Does the project have environmental effects that would cause substantial 8 adverse effects on human beings, either directly or indirectly? 9 Less than Significant with Mitigation. As described in this MND, the proposed Project 10 may cause environmental effects that would cause substantial adverse effects on 11 human beings. For detailed information on these environmental effects, please refer to 12 the following environmental disciplines: Aesthetics, Hazards and Hazardous Materials, 13 Hydrology and Water Quality, Noise, and Transportation/Traffic. However, measures 14 are identified in each environmental discipline's respected section that would reduce 15 these impacts to a level of less than significant. Encina MOT Decommissioning Project MND 3-144 October 2015 Other Major Areas of Concern CA CA Table 4.1-3. Laws, Regulations, and Policies (Commercial/Recreational Fishing) Coastal Act Coastal Act Chapter 3 policies applicable to this issue area are: Chapter 3 • Section 30234 states: Facilities serving the commercial fishing and policies (see recreational boating industries shall be protected and, where feasible, also Table 1-2) upgraded. Existing commercial fishing and recreational boating harbor space shall not be reduced unless the demand for those facilities no longer exists or adequate substitute space has been provided. Proposed recreational boating facilities shall, where feasible, be designed and located in such a fashion as not to interfere with the needs of the commercial fishing industry. • Section 30234.5 states: The economic, commercial, and recreational importance of fishing activities shall be recognized and protected. Other • California Commercial Fishing Laws and Licensing Requirements. Commercial fishing is regulated by a series of laws passed by the Fish and Game Commission and issued each year in a summary document. Seasonal and gear restrictions within the various CDFW Districts, licensing instructions and restrictions, and species-specific fishing requirements are provided in the document. Most of the MPAs have commercial fishing restrictions (based on the designation of each area), which are also listed in the summary document. • California Ocean Sport Fishing Regulations. Each year, the Fish and Game Commission issues regulations on the recreational fishing within the marine waters of the State, specifying the fishing season for species, size and bag limits, and gear restrictions, licensing requirements; a section on fishing restrictions within MPAs is also now included. 1 4.1.3 Impact Analysis 2 No Federal or State significance criteria for impacts to commercial and recreational 3 fisheries have been established and Appendix G of the State CEQA Guidelines does 4 not list fisheries as a specific resource area. Given the prevalence and importance of 5 recreational and commercial fishing in California, previous CSLC environmental 6 analyses have evaluated the potential loss of available area, reduction of habitat, and/or 7 substantial decrease in the number of organisms of commercial or recreational value as 8 the basis for analyzing impacts. The criteria are generally based on what level of loss of 9 access to fishing areas or seasons would be expected to substantially interfere with or 1 0 adversely affect commercial or recreational fishers' livelihoods. For this assessment, a 11 significant impact to commercial or recreational fisheries would occur if the following is 12 expected. 13 a) Fishermen are precluded from 10 percent or more of the fishing grounds 14 during the Project; 15 Less than Significant Impact. The decommissioning of the offshore MOT and removal 16 of the fuel oil submarine pipeline, including the presence of vessels and anchor lines 17 associated with Project activities, has the potential to preclude fishermen from the 18 offshore Project area (area around the anchored marine vessels required for 19 decommissioning operations). Decommissioning of the offshore and surf zone 20 segments is expected to last approximately 7 months, with the offshore segment Encina MOT Decommissioning Project MND 4-4 October 2015 Other Major Areas of Concern 1 occurring from September through January and the surf zone segment occurring from 2 September through early December. During this time, the area at the terminal end of the 3 fuel oil submarine pipeline within the anchor spreads would not be available to 4 commercial or recreational fishing activities. 5 As indicated in Section 4.1.1, the principal taxa representing an estimated 95 percent of 6 the commercial catch by value in the Project area (Fish Blocks 821 and 822) include 7 lobster, squid, crab and sardines. Squid and sardines (the two most abundant taxa in 8 the commercial catch within Fish Block 822) are highly mobile and commercial fishing 9 for those species occurs throughout the region. Due to the extensive available area to 10 fish for squid and sardines within the region, the preclusion of the offshore Project area 11 is not considered significant for fishermen targeting these species. 12 Decommissioning of the offshore and surf zone segments would partially overlap with 13 the commercial lobster season, which occurs from October through March (CDFW 14 2015a); however, because the impacted area is limited to sandy bottom habitat, it is not 15 an area that would be targeted for trapping lobster. Additionally, the Project's general 16 avoidance of hard bottom habitat (where lobster trapping is concentrated) for vessel 17 anchoring would further reduce the potential for impacts to lobstermen. Therefore, 18 impacts to lobstermen are expected to be less than significant. 19 Commercial crab fishing is seasonally unrestricted with the exception of Dungeness 20 crab; however, Dungeness crab is only occasionally caught south of Monterey, 21 California (CDFW 2015b) and was not identified in the above referenced catch data for 22 Fish Blocks 821 and 822. Other species of crab likely to be found in the Project area 23 based on the catch data include rock crab (yellow, red, and brown) (Cancer sp.) and 24 spider crab (also referred to as sheep crab [Loxorhynchus grandis]), which may be 25 found along the entire coast of southern California. The habitat preferences for these 26 crabs include rocky reefs and kelp beds with the exception of the spider crab, which is 27 found on soft bottom (CDFW 2015c). Due to the extensive available area to fish for crab 28 within the region, the temporary preclusion of the offshore Project area is not 29 considered significant for fishermen targeting these species. 30 Recreational species targeted in the Project area mainly comprise four taxa: kelp bass, 31 Pacific mackerel, barracuda, and barred sand bass. All of these species are found along 32 the entire coast of southern California. However, barracuda and barred sand bass are 33 more abundant during late spring though early summer and summer, respectively 34 (Schultze 1983; CDFW 2015d). Due to the limited area of preclusion for recreational 35 fishing, the temporary nature of the preclusion and the· extensive area available to 36 recreational fishers to pursue these species elsewhere in the vicinity, the impact to 37 recreational fishing is not considered significant. October 2015 4-5 Encina MOT Decommissioning Project MND Other Major Areas of Concern 1 As stated above, impacts to commercial and recreational fishing would be less than 2 significant primarily because opportunities to fish for target species are readily available 3 in the Project region and the preclusion of the offshore Project area to fishing would be 4 temporary. Minimizing the number of vessel anchors and the length of anchor lines, 5 which would reduce the size of the necessary preclusion area, would also reduce 6 potential impacts to commercial and recreational fishing. Avoiding the placement of 7 anchors on rocky substrate, the preferred habitat for lobster and most crabs, would 8 further reduce the potential impacts on lobster and crab fishing. Although no mitigation 9 is required, MM 810-6: Final Marine Safety and Anchoring Plan (MSAP) and MM 1 0 TRA-5: Local Notice to Mariners incorporated into the Project would further reduce 11 this less-than-significant impact. 12 b) The Project alters the seafloor in such a manner as to reduce the availability of 13 that area to commercial or recreational fisheries; 14 Less than Significant Impact. Exposed segments of the fuel oil submarine pipeline 15 may provide locations along which lobster and crab traps could be oriented and may 16 provide habitat for rockfish species targeted by recreational fishermen; however, due to 17 its limited habitat value, removal of the pipeline would result in less than significant 18 impacts on lobster, crab, and rockfish resources. Additionally, the removal of the 19 pipeline, anchors, and chains would result in a temporary disturbance of seafloor 20 habitat; however, this impact is expected to be short-term and less than significant, with 21 seafloor sedimentary habitat expected to return to pre-removal conditions within three to 22 6 months of the completion of decommissioning activities. Therefore, the impact would 23 be less than significant. 24 c) The Project results in loss or damage to commercial fishing equipment; 25 Less than Significant Impact. The majority of commercial fishing activities in the 26 Project area result in the placement of traps adjacent to hard bottom habitat or purse 27 seine for pelagic species (squid and sardines). Any traps that may be set in the Project 28 area are expected to be in or adjacent to hard bottom areas and away from the 29 immediate work area with the possible exception of spider crab traps. Hard bottom 30 areas will be avoided as provided by MM 810-6: MSAP. 31 Project vessels transiting between local ports and the Project site may result in the 32 potential for fishing gear to be damaged. During pre-Project training, as required under 33 MM 810-6: MSAP and MM 810-1: Marine Wildlife Contingency Plan (MWCP), 34 Project-related vessel operators are instructed to monitor for fishing gear as they transit 35 to work areas and are instructed to avoid observed gear. Commercial fishers would also 36 be notified and aware of the additional vessel traffic that would be associated with the 37 Project as a result of MM TRA-5: Local Notice to Mariners. As such, the potential for Encina MOT Decommissioning Project MND 4-6 October 2015 Other Major Areas of Concern 1 loss or damage to commercial fishing equipment is unlikely and not considered to be 2 significant. 3 d) The Project results in a substantial reduction in the Essential Fish Habitat 4 required by one or more of the species managed by the Pacific Fisheries 5 Management Council's (PFMC) fisheries management plans. 6 Less than Significant Impact. The Magnuson-Stevens Act defines Essential Fish 7 Habitat (EFH) as those waters and substrate necessary for spawning, breeding, 8 feeding, or growth to maturity (PFMC 1998). Within the Pacific region, the fisheries for 9 coastal pelagic species, Pacific coast groundfish (over 80 species) (PFMC 2005), west 10 coast highly migratory species, and west coast salmon species are federally managed 11 and EFH for these species is identified (NOAA 2015). 12 The offshore Project area is within the EFH for coastal pelagic species (including 13 northern anchovy, Pacific sardine [Sardinops sagax caeru/ea], Pacific mackerel 14 [Scomber japonicas], Jack mackerel [Trachurus symmetricus], and market squid) 15 (PFMC 2011), groundfish, and certain U.S. west coast highly migratory species (e.g., 16 sharks such as the common thresher shark [Aiopias vulpinus], pelagic thresher shark 17 [Aiopias pelagicus], and bigeye thresher shark [Aiopias superci/iosus]) (PFMC 2003, 18 2005). Additionally, the offshore Project area includes canopy kelp and hard bottom 19 substrate (rocky reef), which are both identified as a habitat areas of particular concern 20 (HAPC) (PFMC 2014). The canopy kelp HAPC includes those waters, substrate, and 21 other biogenic habitat associated with canopy-forming kelp species (e.g., Macrocystis 22 spp. and Nereocystis sp.). The rocky reef HAPC includes those waters, substrates, and 23 other biogenic features associated with hard substrate (e.g., bedrock, boulders, cobble, 24 gravel) to the mean higher high water mark. 25 The Coastal Pelagic Species Fisheries Management Plan (Plan) identifies non-fishing 26 effects on coastal pelagic species EFH. Identified effects that are relevant to the Project 27 include discharge of oil or release of hazardous substances. As stated in the Plan, the 28 discharge of oil or release of a hazardous substance into estuarine and marine habitats, 29 or exposure to a product of reactions resulting from the discharge of oil or a release of a 30 hazardous substance, can have both acute and chronic effects of fish resources and 31 their prey, and also potentially reduce the marketability of target species. 32 As described in Section 3.4, Biological Resources, an accidental discharge of petroleum 33 products from Project vessels and equipment would have the potential to impact marine 34 resources and EFH identified above. Additionally, although the fuel oil submarine 35 pipeline has been flushed and pigged, it is possible that residual petroleum products 36 and the biocide associated with the Nalco EC61 06A preservative could be released into 37 the water column, potentially impacting EFH. Effects of the biocide from an accidental October 2015 4-7 Encina MOT Decommissioning Project MND Other Major Areas of Concern 1 discharge of the fuel oil submarine pipeline preservative are addressed in Section 3.4, 2 Biological Resources, and Section 3.8, Hazards and Hazardous Materials. 3 The Project has the potential to impact hard bottom substrate and kelp as described in 4 Section 3.4, Biological Resources, if anchors and/or anchor lines from Project-related 5 vessels are placed onto hard bottom substrate and kelp. Also as described in Section 6 3.4, Biological Resources, removal of the pipeline, which is partially exposed on the 7 seafloor, would reduce hard substrate at the Project site; however, the small area of 8 pipeline is not significant and artificial hard bottom is not identified as HAPC. 9 Although no mitigation is required, implementation of MM 810-7: Final Marine Safety 1 0 and Anchoring Plan and MM 810-8: Flush Fuel Oil Submarine Pipeline already 11 incorporated into the Project would further reduce this less than significant impact. 12 Implementation of MM 810-6, which is also already incorporated into the Project, would 13 ensure that potential impacts to HAPC remain less than significant. 14 4.1.4 Mitigation Summary 15 The Project would not result in significant impacts to commercial and recreational 16 fishing; therefore, no mitigation is required. However, the implementation of the 17 following mitigation measures would further avoid or reduce this less-than-significant 18 impact: 19 • MM BI0-6: Final Marine Safety and Anchoring Plan (MSAP). 20 • MM BI0-7: Final Marine Safety and Anchoring Plan. 21 • MM BI0-8: Flush Fuel Oil Submarine Pipeline. 22 • MM TRA-5: Local Notice to Mariners. 23 4.2 CSLC ENVIRONMENTAL JUSTICE POLICY 24 Environmental justice is defined by California law as "the fair treatment of people of all 25 races, cultures, and incomes with respect to the development, adoption, 26 implementation, and enforcement of environmental laws, regulations, and policies." This 27 definition is consistent with the Public Trust Doctrine principle that the management of 28 trust lands is for the benefit of all of the people. The CSLC adopted an environmental 29 justice policy in October 2002 to ensure that environmental justice is an essential 30 consideration in the agency's processes, decisions, and programs. Through its policy, 31 the CSLC reaffirms its commitment to an informed and open process in which all people 32 are treated equitably and with dignity, and in which its decisions are tempered by 33 environmental justice considerations. Encina MOT Decommissioning Project MND 4-8 October 2015 Other Major Areas of Concern 1 As part of the CSLC environmental justice policy, the CSLC pledges to continue and 2 enhance its processes, decisions, and programs with environmental justice as an 3 essential consideration by: 4 1) Identifying relevant populations that might be adversely affected by CSLC 5 programs or by projects submitted by outside parties for its consideration; 6 2) Seeking out community groups and leaders to encourage communication and 7 collaboration with the CSLC and its staff; 8 3) Distributing public information as broadly as possible and in multiple languages, 9 as needed, to encourage participation in the CSLC's public processes; 10 4) Incorporating consultations with affected community groups and leaders while 11 preparing environmental analyses of projects submitted to the CSLC for its 12 consideration; 13 5) Ensuring that public documents and notices relating to human health or 14 environmental issues are concise, understandable, and readily accessible to the 15 public, in multiple languages, as needed; 16 6) Holding public meetings, public hearings, and public workshops at times and in 17 locations that encourage meaningful public involvement by members of the 18 affected communities; 19 7) Educating present and future generations in all walks of life about public access 20 to lands and resources managed by the CSLC; 21 8) Ensuring that a range of reasonable alternatives is identified when siting 22 facilities that may adversely affect relevant populations and identifying, for the 23 CSLC's consideration, those that would minimize or eliminate environmental 24 impacts affecting such populations; 25 9) Working in conjunction with Federal, State, regional, and local agencies to 26 ensure consideration of disproportionate impacts on relevant populations, by 27 instant or cumulative environmental pollution or degradation; 28 10)Fostering research and data collection to better define cumulative sources of 29 pollution, exposures, risks, and impacts; 30 11)Providing appropriate training on environmental justice issues to staff and the 31 CSLC so that recognition and consideration of such issues are incorporated into 32 its daily activities; 33 12)Reporting periodically to the CSLC on how environmental justice is a part of the 34 programs, processes, and activities conducted by the CSLC and by proposing 35 modifications as necessary. October 2015 4-9 Encina MOT Decommissioning Project MND Other Major Areas of Concern 1 4.2.1 Methodology 2 The CSLC environmental justice policy does not specify a methodology for conducting 3 programmatic-level analysis of environmental justice issues. Due to the limited extent of 4 the Project's impacts on the human environment, as established in Section 3 of this 5 document, this section provides a qualitative consideration of the Project's potential to 6 disproportionally affect low-income or minority communities. 7 This analysis focuses primarily on whether the Project has the potential to affect areas 8 of high-minority populations and/or low-income communities disproportionately and thus 9 create an adverse environmental justice effect. For the purpose of the environmental 10 analysis, the Project's inconsistency with the CSLC's Environmental Justice Policy 11 would occur if the Project would: 12 • Have the potential to disproportionately affect minority and/or low-income 13 populations adversely; or 14 • Result in a substantial, disproportionate decrease in employment and economic 15 base of minority and/or low-income populations residing in immediately adjacent 16 communities. 17 4.2.2 Project Analysis 18 The proposed Project includes the removal and/or decommissioning of the Encina 19 Power Station (EPS) Marine Oil Terminal (MOT) located in and offshore of the City of 20 Carlsbad, San Diego County. The property under lease from the CSLC includes parcels 21 of tidelands and submerged lands lying immediately west and offshore of Carlsbad 22 State Beach. Onshore decommissioning activities would occur primarily within the EPS 23 property boundary (within U.S. Census Tracts 178.13, 179, and 180; however, work 24 activities would be limited to U.S. Census Tract 178.13 [U.S. Census Bureau 2014a]), 25 but would also extend onto Carlsbad Boulevard and Carlsbad State Beach. Additionally, 26 in order to support offshore decommissioning activities, a shore base would be 27 established and would serve as the local embarkation point for offshore crews and 28 equipment. The shore base for offshore marine operations is unknown at this time; 29 however, the most likely local embarkation point would be Oceanside Harbor due to its 30 proximity to the Project area. If dockage cannot be found there, the shore base may be 31 located in the Port of Long Beach, Port of Los Angeles, or Unified Port of San Diego. 32 The Project's limited impact on the human environment is established in various 33 sections of this document. The discussion below considers the Project's potential to 34 disproportionately affect and low-income or minority communities. Encina MOT Decommissioning Project MND 4-10 October 2015 Other Major Areas of Concern 1 As discussed in Section 4.1, decommissioning activities would also have the potential to 2 preclude fishing activities from the Project area or result in damage to fishing gear due 3 to the presence of Project vessels and anchor lines. As mentioned above, 4 decommissioning activities in the beach and surf zone segments would occur for up to 5 90 days during the Project's second season. Project-incorporated measures including 6 MM 810-6 and MM TRA-5 would reduce the potential impacts of anchors and anchor 7 lines to hard bottom habitat and fishing gear and would notify ~ariners of Project 8 activities, respectively. Following decommissioning, no further preclusion would be 9 required and seafloor conditions would return to pre-removal conditions within 3 to 6 1 0 months. As a result, no long-term socioeconomic impacts to commercial or recreational 11 fishers would result. 12 Therefore, onshore, beach, and surf zone decommissioning activities associated with 13 the Project are consistent with the CSLC Environmental Justice Policy. 14 4.2.2.2 Offshore Decommissioning Activities 15 Offshore decommissioning activities would occur over approximately 120 days during 16 the first season of the Project and would require approximately 25 crew members and 17 five offshore vessels for the duration of these activities. Offshore decommissioning 18 activities have been scheduled to avoid the summer season in order to minimize 19 potential impacts to users of Carlsbad State Beach. The shore base for marine 20 operations is unknown at this time, however, the most likely local embarkation point 21 would be Oceanside Harbor, which is located approximately 6 miles north of the 22 offshore worksite. During decommissioning, a majority of offshore personnel would 23 likely be housed on vessels, however, others may require temporary housing (hotels) 24 near the selected shore base (e.g., Oceanside Harbor) for up to 4 months. As a result, 25 the addition of offshore crew members for up to 4 months would contribute to a slight 26 increase in housing demand and local traffic in the temporary host 27 community/communities. Although the City of Oceanside has a slightly larger population 28 consisting of minority and low-income persons than the Project site and surrounding 29 areas (within U.S. Census Tract 178.13), the City of Oceanside does not contain a 30 majority of minority populations (34.7%); and its percentage of minority populations is 31 consistent with the percentage of minority populations in San Diego County as a whole 32 (36.0%). A disproportionate impact to low-income or minority populations would not 33 result in association with offshore crew lodging due to the short-term nature of the 34 Project and minor addition of personnel and traffic to the City of Oceanside. 35 As discussed in Section 4.1, decommissioning activities would also have the potential to 36 preclude the offshore Project area from fishing activities or result in damage to fishing 37 gear due to the presence of Project vessels and anchor lines. As mentioned above, 38 these activities would occur for approximately 120 days during offshore 39 decommissioning. Project-incorporated measures including MM 810-6 and MM TRA-5 October 2015 4-13 Encina MOT Decommissioning Project MND Other Major Areas of Concern 1 would reduce the potential impacts of anchors and anchor lines to hard bottom habitat 2 and fishing gear and would notify mariners of Project activities, respectively. Following 3 decommissioning, no further preclusion would be required and seafloor conditions 4 would return to pre-removal conditions within 3 to 6 months. As a result, no long-term 5 socioeconomic impacts to commercial or recreational fishers would result. 6 Therefore, offshore decommissioning activities associated with the Project are 7 consistent with the CSLC Environmental Justice Policy. 8 4.2.3 Mitigation Summary 9 The Project would not result in significant impacts to environmental justice populations; 10 therefore, no mitigation is required. However, the implementation of the following 11 Project-incorporated mitigation measures would further avoid or reduce this less than 12 significant impact. 13 • MM BI0-6: Final Marine Safety and Anchoring Plan (MSAP). 14 • MM TRA-5: Local Notice to Mariners. Encina MOT Decommissioning Project MND 4-14 October 2015 1 5.0 MITIGATION MONITORING PROGRAM 2 The California State Lands Commission (CSLC) is the lead agency under the California 3 Environmental Quality Act (CEQA) for the Cabrillo Power I LLC Encina Marine Oil 4 Terminal Decommissioning Project (Project). In conjunction with approval of this 5 Project, the CSLC adopts this Mitigation Monitoring Program (MMP) for implementation 6 of mitigation measures (MMs) for the Project to comply with Public Resources Code 7 section 21081.6, subdivision (a) and State CEQA Guidelines sections 15091, 8 subdivision (d) and 15097. 9 The Project authorizes Cabrillo Power I LLC (Applicant) to decommission the existing 10 non-operational Encina Marine Oil Terminal (MOT), which is part of the Encina Power 11 Station (EPS), in accordance with the terms and conditions of its existing CSLC Lease 12 PRC 791.1. 13 5.1 PURPOSE 14 It is important that significant impacts from the Project are mitigated to the maximum 15 extent feasible. The purpose of a MMP is to ensure compliance and implementation of 16 MMs; this MMP shall be used as a working guide for implementation, monitoring, and 17 reporting for the Project's MMs. 18 5.2 ENFORCEMENT AND COMPLIANCE 19 The CSLC is responsible for enforcing this MMP. The Project Applicant is responsible 20 for the successful implementation of and compliance with the MMs identified in this 21 MMP. This includes all field personnel and contractors working for the Applicant. 22 5.3 MONITORING 23 The CSLC staff may delegate duties and responsibilities for monitoring to other 24 environmental monitors or consultants as necessary. Some monitoring responsibilities 25 may be assumed by other agencies, such as affected jurisdictions, cities, and/or the 26 California Department of Fish and Wildlife (CDFW). The CSLC and/or its designee shall 27 ensure that qualified environmental monitors are assigned to the Project. 28 Environmental Monitors. To ensure implementation and success of the MMs, an 29 environmental monitor must be on site during all Project activities that have the potential 30 to create significant environmental impacts or impacts for which mitigation is required. 31 Along with the CSLC staff, the environmental monitor(s) are responsible for: 32 • Ensuring that the Applicant has obtained all applicable agency reviews and 33 approvals; October 2015 5-1 Encina MOT Decommissioning Project MND Mitigation Monitoring Program 1 • Coordinating with the Applicant to integrate the mitigation monitoring procedures 2 during Project implementation (for this Project, many of the monitoring 3 procedures shall be conducted during the deconstruction phase); and 4 • Ensuring that the MMP is followed. 5 The environmental monitor shall immediately report any deviation from the procedures 6 identified in this MMP to the CSLC staff or its designee. The CSLC staff or its designee 7 shall approve any deviation and its correction. 8 Workforce Personnel. Implementation of the MMP requires the full cooperation of 9 Project personnel and supervisors. Many of the MMs require action from site 1 0 supervisors and their crews. The following actions shall be taken to ensure successful 11 implementation. 12 • Relevant mitigation procedures shall be written into contracts between the 13 Applicant and any contractors. 14 • For this Project, a marine wildlife training seminar (under MM BI0-1: Marine 15 Wildlife Contingency Plan (MWCP)) for all Project personnel working in the 16 marine environment would be held as part of a Project kickoff meeting wherein 17 Project mitigation would be discussed. 18 General Reporting Procedures. A monitoring record form shall be submitted to the 19 Applicant, and once the Project is complete, a compilation of all the logs shall be 20 submitted to the CSLC staff. The CSLC staff or its designated environmental monitor 21 shall develop a checklist to track all procedures required for each MM and shall ensure 22 that the timing specified for the procedures is followed. The environmental monitor shall 23 note any issues that may occur and take appropriate action to resolve them. 24 Public Access to Records. Records and reports are open to the public and would be 25 provided upon request. 26 5.4 MITIGATION MONITORING TABLE 27 This section presents the mitigation monitoring table (Table 5-1) for the following 28 environmental disciplines: Aesthetics, Biological Resources, Cultural Resources, 29 Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and 30 Transportation/Traffic. All other environmental disciplines were found to have less than 31 significant or no impacts and are, therefore, not included below. Additionally, Applicant- 32 proposed measures (APMs) would be implemented, as feasible, to further minimize less 33 than significant impacts for the following environmental disciplines: Air Quality, 34 Biological Resources, Greenhouse Gas Emissions, and Utilities and Service Systems. Encina MOT Decommissioning Project MND 5-2 October 2015 Mitigation Monitoring Program 1 These APMs are included here for the purpose of tracking. The table lists the following 2 information by column: 3 • Impact (impact number, title, and impact class); 4 • Mitigation [or Applicant-proposed] measure (full text of the measure); 5 • Location (where impact occurs and mitigation measure should be applied); 6 • Monitoring/reporting action (action to be taken by monitor or Lead Agency); 7 • Timing (before, during, or after construction; during operation, etc.); 8 • Responsible agency; and 9 • Effectiveness criteria (how the agency can know if the measure is effective). October 2015 5-3 Encina MOT Decommissioning Project MND Mitigation Monitoring Program Table 5-1. Mitigation Monitoring Program •. ·~·~iMat,i~n ~~~~~;IMM> •.• :.~,: Potential Impact (NAS) continuously based out of Oceanside Harbor, the Ports of Long Beach/Los Angeles, or San Diego Bay since last dry docking; or (3) have underwater surfaces cleaned before entering southern California at vessel origination point and immediately prior to transiting to the Project site. Additionally, and regardless of vessel size, ballast water for all Project vessels must be managed consistent with California State Lands Commission (CSLC) ballast management regulations, and Biofouling Removal and Hull Husbandry Reporting Forms shall be submitted to CSLC staff. Project vessels shall also be available for inspection by CSLC staff for compliance. Further, as part of the Project kickoff meeting, a qualified marine biologist, approved by CSLC staff, shall provide information to all Project personnel about the spread of NAS in California waters and the programs (CSLC Ballast Water Management Program and Biofouling Removal and Hull Husbandry Reporting) that will be implemented to minimize this hazard. Marine MM BI0-1: Marine Wildlife Contingency Plan Vessel and (MWCP). A MWCP shall be prepared for review and Wildlife approval by California State Lands Commission Interaction staff prior to the commencement of decommissioning activities. The MWCP shall include, but not be limited to, the following elements: • Description of the pre-decommissioning training seminar that will be provided to educate Project personnel on identifying marine wildlife in the Project area and to provide an overview of the wildlife mitigation measures to be implemented; Encina MOT Decommissioning Project MND IJEJ~~; ... ~:l· 'Monitoring/ ; .' .• .l!~fu]!J~} ·• Reporting ·· Timing:: ~''. ··:·' > Action tii{ ' <,, --; ;~~ii~~~!~, be Reporting vessels conducted Forms transiting to at vessel Conduct ROV Project site origination survey for Submit site compliance with Biofouling ROV biofouling Removal survey removal and Hull conducted Retain Project Husbandry at Project kickoff meeting Reporting site Forms prior sign-in sheet to Project At Project operations kickoff meeting ROVsurvey site conducted prior to Project operations During Project kickoff meeting Offshore Retain MWCP During all and marine Project wildlife monitor activities notes requiring the use of marine vessels and dynamic pipe ramming 5-6 {~rs~~~;'ffi~~ }t ,:J:f-}1' --:~·j},{; Effectiyeness ··' · c.~1t,;~ia .K~J~; NAS regulations Applicant Vessel-and and CSLC noise-related impacts to marine wildlife avoided October 2015 Mitigation Monitoring Program Encina MOT Decommissioning ProjectMND PAGE INTENTIONALLY LEFT BLANK 5-20 October 2015 Appendix A Project Description Support Exhibits Appendix A1 Figure A1-1 Figure A1-2 Figure A1-3 Figure A1-4 Figure A1-5 Table A1-1 Table A1-2 Appendix A2 Figure A2-1 Figure A2-2 Figure A2-3 Figure A2-4 Figure A2-5 Figure A2-6 Figure A2-7 Figure A2-8 Figure A2-9 11 x 17 Format Project Site Map Plan and Profile of Existing Beach Valve Pit and Underpass Structures Beach Valve Pit Decommissioning Schematic Underpass Conduit Cement Slurry Installation Schematic Underpass End Structure Decommissioning Schematic Preliminary Decommissioning Schedule Material Import/Export and Associated Truck Trips 8 % x 11 Format Pipeline Termination Anchors Typical Mooring Leg Underpass Pipe Removal Fill Line Slurry Installation Beach Valve Pit Demolition Installing Cement Slurry Plug in Underpass End Structure Excavation Schematic End Structure Vertical Vault Demolition Artist Conception of Beach at End Structure after Restoration Figure A2-1 0 Rock Groin Removal Figure A2-11 Beach Pipeline Removal Operations Figure A2-12 Surf Zone Removal by Dynamic Pipe Ramming Figure A2-13 Reverse Pipe Lay Method Figure A2-14 Seafloor Based Method Figure A2-15 Typical Anchor Chain Recovery Operation Figure A2-16 Recovering Buried Anchor Figure A2-17 Onshore Work Areas Table A2-1 Manpower and Equipment Estimates by Activity Project Description 1 The vertical vault is approximately 15.5 feet high, 10 feet wide, and 6.5 feet deep 2 (outside dimensions). The top of the vertical vault contains a 30-square-inch manhole 3 and a vent pipe that is approximately 18 inches in diameter and 7 feet high. The floor of 4 the vertical vault consists of a gravel-filled sump or drain that is open to the beach on 5 the bottom of the structure (beneath the gravel fill). 6 Compared to as-built plans, it appears that Carlsbad Boulevard was widened after the 7 underpass end structure was constructed in 1954. As a result, the horizontal shaft 8 appears to be covered by the existing sidewalk on the west side of Carlsbad Boulevard, 9 while the vertical vault's manhole and vent pipe are exposed at the edge of the sidewalk 10 on the beach. The end structure remains intact and in good condition, and no 11 decommissioning work has been performed on this structure. 12 2.3.5 Riprap Groin 13 A riprap groin protects the fuel oil submarine pipeline on the beach and in the surf zone. 14 At its widest visible point, the groin measures approximately 55 feet and extends 15 approximately 160 feet into the surf zone from the high water line; however, the actual 16 width and length of the groin is unknown because much of it is buried beneath sand. 17 Based on the as-built drawing of the underpass end structure, it is possible that the 18 groin extends approximately 250 feet below the existing beach to the wing walls of the 19 underpass end structure (see Appendix C). The depth of the fuel oil submarine pipeline 20 underneath the groin is unknown. The riprap groin remains intact and in good condition, 21 and no decommissioning work has been performed on this structure. 22 2.3.6 Seven-Point Mooring System 23 A seven-point mooring system was used to moor ships or barges offloading fuel oil into 24 the MOT's submarine pipeline. Each leg of this system consisted of: a single 30,000 25 pound (1 05 ton) Baldt Light Weight Type anchor; four to six shots (360 feet to 540 feet) 26 of 2. 75-inch to 3-inch anchor chain weighing approximately 119.8 tons; and one 27 horizontal cylindrical painted steel mooring buoy (see Figure A2-2 in Appendix A). In 28 operation, mooring wires from a tanker or barge were connected to the top of each 29 mooring buoy and tensioned by the tanker's or barge's mooring winches to center the 30 vessel near the end of the fuel oil submarine pipeline. The mooring buoy was removed 31 during the EPS MOT 2010 decommissioning, but the anchors and chains of the seven- 32 point mooring system remain on the seafloor at depths ranging from 42 feet to 78 feet. 33 2.3.7 Single-Point Mooring System 34 A single-point mooring was placed offshore of the tanker berth mooring for use by an 35 attending tugboat. This single-point mooring consisted of: a single 14,000-pound Navy 36 stockless anchor; approximately 450 feet of 2.75-to 3.25-inch anchor chain; and a Encina MOT Decommissioning Project MND 2-6 October 2015 FIGURE &.2·17 ONSHORE WORK AREAS