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HomeMy WebLinkAbout2009-11-04; Planning Commission; Resolution 66441 PLANNING COMMISSION RESOLUTION NO. 6644 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND A 4 MITIGATION MONITORING AND REPORTING PROGRAM TO INSTALL A NEW PARALLEL SEGMENT OF UNDERGROUND SEWER FORCE MAIN; INSTALL A NEW 6 RESIN LINER TO AN EXISTING FORCE MAIN; AND ABANDON IN PLACE A SMALL SECTION OF SEWER 7 FORCE MAIN FROM THE BUENA VISTA LIFT STATION (BVLS) TO THE EAST SIDE OF THE BUENA VISTA CREEK 8 BRIDGE AND ALONG THE EASTERN END OF BUENA 9 VISTA LAGOON, LOCATED FROM THE BVLS SOUTHERLY TO THE JEFFERSON STREET/MARRON ROAD 10 INTERSECTION, THEN WESTERLY ALONG JEFFERSON STREET WEST OF THE MARRON ROAD INTERSECTION 11 TO APPROXIMATELY 180 FEET EASTERLY OF 1-5 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 13 CASE NAME: BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) 14 CASE NO.: CDP 09-03/SUP 09-01 15 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," 17 described as 18 That portion of Lot 32 of Hosp Eucalyptus Forest Company's Tract No. 1 shown on Map No. 1136, filed in the office of the 2Q Recorder of San Diego County June 8,1908, as conveyed to the State of California in Parcel 1 of deed Recorded March 1, 21 1971, file No. 37628, San Diego County Official Records, and a portion of public right-of-way on Jefferson Street between 22 Highway 78, Highway 5, and Marron Road 23 ("the Property"); and 24 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 25 Reporting Program was prepared in conjunction with said project; and26 27 WHEREAS, the original MND for the project was circulated for public 28 comment from February 23,2009 to March 24, 2009 (SCH #2009021085); and WHEREAS, as part of the public review of the MND, the City received three 2 comment letters; and 3 WHEREAS, based on comments received further analysis was completed by 4 <- the City; and WHEREAS, no changes to the proposed project have occurred, however, 7 four new mitigation measures were added to ensure that no significant effects would occur; 8 and 9 WHEREAS, the additional mitigation measures required recirculation of the 10 MND in accordance with CEQA Section 15073.5 (b)(l), and 11 WHEREAS, the revised MND for the project was recirculated for public ! 3 comment from June 26, 2009 to July 27, 2009 (SCH #2009021085); and 14 WHEREAS, as part of the subsequent public review of the MND, the City received one comment letter; and WHEREAS, staff prepared responses to all comment letters received during 17 the two public review periods; the four comment letters and staffs responses are attached; 18 19 2Q WHEREAS, the Planning Commission did on November 4, 2009, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, examining the initial study, analyzing the information submitted by staff, and 24 considering any written comments received, the Planning Commission considered all factors 25 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting26 27 Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: PC RESO NO. 6644 -2- A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form <- - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: 6 Findings: 7 1. The Planning Commission of the City of Carlsbad does hereby find:8 it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for BUENA VISTA LIFT 10 STATION SEWER FORCE MAIN (VC-4) - CDP 09-03 and SUP 09-01 and the environmental impacts therein identified for this project and any comments thereon 1 prior to APPROVING the proj ect; and 12 b. The original MND was circulated for public comment, and based on comments 13 received, further analysis was completed by the City resulting in four additional mitigation measures being added to ensure that no significant effects would 14 occur; per CEQA Section 15073.5(b)(l), the revised MND was recirculated for public comment; and *,- c. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 17 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 18 d. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program reflects the independent judgment of the Planning Commission of the City 20 of Carlsbad; and 21 e. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 22 23 24 25 26 27 28 PC RESO NO. 6644 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on November 4, 2009, by the following 3 vote, to wit: 4 " <- AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT: 9 ABSTAIN: 10 11 ^g ^f ^ ~ P^ _,._ — B. MONTOifiVlERY, JjKirperson 12 CARLSBAD PLANNING COMNBBSION 13 14 ATTEST: 15 16 DON NEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6644 -4- City of Carlsbad CASE NAME: CASE NO: PROJECT LOCATION: Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Buena Vista Lift Station Sewer Force Main (VC-4) CDP 09-03/SUP 09-01 The project is located from the Buena Vista Lift Station (BVLS) to the Jefferson Street right-of-way and the Jefferson Street north and west intersection with Marron Road in Carlsbad. CA 92008. within the County of San Diego. PROJECT DESCRIPTION: The original MND for the Buena Vista Lift Station Sewer Force Main (VC-4) was circulated for public comment from February 23, 2009 to March 24, 2009 as City project CDP 09- 03/SUP 09-01 and SCH #2009021085. Based on comments received, further analysis was completed by the City. No changes to the proposed project have occurred; however, four additional mitigation measures were added to ensure that no significant effects would occur. The City of Carlsbad plans to install a new parallel segment of underground sewer force main for a total distance of approximately 4,200 linear feet; install a new resin liner to approximately 2,400 linear feet of existing pipeline; and abandonment of approximately 600 linear feet of an existing sewer force main. The force main project extends from the BVLS southerly to the Jefferson Street/Marron Road intersection, then westerly up Jefferson Street west of the Marron Road intersection to approximately 180 feet easterly of 1-5. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 3635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission. An additional public notice will be issued when the public hearing is scheduled. ]f you have any questions, please call Pam Drew in the Planning Department: at (760) 602-4644. PUBLIC REVIEW PERIOD PUBLISH DATE MITIGATED NEGATIVE DECLARATION CASE NAME: Buena Vista Lift Station Sewer Force Main CVC-4) CASE NO: CDP 09-03/SUP 09-01 PROJECT LOCATION: The project is located from the Buena Vista Lift Station CBVLS^ to the Jefferson Street right-of-way and the Jefferson Street north and west intersection with Marron Road in Carlsbad. CA 92008. within the County of San Diego. PROJECT DESCRIPTION: The original MM* for the Buena Vista Lift Station Sewer Force Main (VC-4) was circulated for public comment from February 23, 2009 to March 24, 2009 as City project CDP 09-03/SUP 09-01 and SCH #2009021085. Based on comments received, further analysis was completed by the City. No changes to the proposed project have occurred; however, four additional mitigation measures were added to ensure-that no significant effects would occur. The City of Carlsbad plans to install a new parallel segment of underground sewer force main for a total distance of approximately 4,200 linear feet; install a new resin liner to approximately 2,400 linear feet of existing pipeline; and abandon approximately 600 linear feet of an existing sewer force main. The force main project extends from the BVLS southerly to the Jefferson Street/Marron Road intersection, then westerly up Jefferson Street west of the Matron Road intersection to approximately 180 feet easterly of 1-5. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the.initial study (ElA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 1X1 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. •| | The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an Earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declasfion applies only to the effects that remained to be addressed). Q Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Mitigated "Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 9200S. ADOPTED: November 4, 2009. pursuant to PC Resolution No. ATTEST: DONNEU ENVIRONMENTAL IMPACT ASSESSMENT FORM – INITIAL STUDY (Recirculated Mitigated Negative Declaration – SCH #2009021085) CASE NO: CDP 09-03/SUP 09-01 DATE: June 19, 2009 BACKGROUND 1. CASE NAME: Buena Vista Lift Station Sewer Force Main (VC-4) 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad Engineering Department 3. CONTACT PERSON AND PHONE NUMBER: Pam Drew, Associate Planner (760) 602-4644 4. PROJECT LOCATION: The project is located from the Buena Vista Lift Station (BVLS) to the Jefferson Street right-of-way and the Jefferson Street north and west intersection with Marron Road in Carlsbad, CA 92008, within the County of San Diego. 5. PROJECT SPONSOR’S NAME AND ADDRESS: City of Carlsbad Engineering Department, 1635 Faraday Avenue, Carlsbad, CA 92008. 6. GENERAL PLAN DESIGNATION: Regional Commercial (R) (Lift Station) and Undesignated Street R-O-W (Jefferson Street). 7. ZONING: General Commercial (C-2) (Lift Station)/Other Roadway. 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (None) PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Proposed Revisions The Planning Department has prepared this environmental impact assessment to analyze proposed revisions to the original Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP). The original MND for the Buena Vista Lift Station Sewer Force Main (VC-4) was circulated for public comment from February 23, 2009 to March 24, 2009 as City project CDP 09-03/SUP 09-01 and SCH #2009021085. Based on comments received, further analysis was completed by the City. No changes to the proposed project have occurred; however, four additional mitigation measures were added to ensure that no significant effects would occur. Two mitigation measures were included in the Cultural Resource section and two to the Hydrology and Water Quality Resource section to ensure that no significant effects to these two resources would occur. The additional mitigation measures trigger the need to re-circulate the MND as required by California Environmental Quality Act Guidelines Section 15073.5 (b)(1), which states, “A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance.” Project Description The City of Carlsbad plans to install a new parallel segment of underground sewer force main for a total distance of approximately 4,200 linear feet; install a new resin liner to approximately 2,400 linear feet of existing pipeline; and abandon approximately 600 linear feet of an existing sewer force main. The force main project extends from the BVLS southerly to the Jefferson Street/Marron Road intersection, then westerly up Jefferson Street west of the Marron Road intersection to approximately 180 feet easterly of I- 5. ill ID c "CD 0o ou, cg^—<03 CD 0 '£ ~00 c5";S tu > ra7; o •2 ^'S ib^ ^ g-r, .rr~i , /NT.L. i-JU ! O CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 3 Rev. 02/15/08 Detailed Project Description: The project can be divided into two segments: 1. East (Upstream) Segment. Approximately 600 lineal feet of this existing force main which lies along the eastern half of the distance adjacent to the lagoon shoreline will be abandoned in place. This abandoned line will be cut, flushed, filled with sand and capped off on each end. This abandoned line will be replaced with parallel dual 24-inch (OD - outside diameter) high density polyethylene (HDPE) sewer pipes which will be placed in a single trench. One of these parallel lines will be the main sewer line, and the other will be used as a backup pipeline. This dual pipe line will follow an alignment from the BVLS into Jefferson Street, and then southerly across Buena Vista Creek (hung under the bridge) to the Jefferson Street/Marron Road intersection. Installation of the pipe hanging under the bridge will be implemented through use of a temporary steel girder scaffolding with which a work platform will be provided to access the bottom of the bridge. No impacts to the creek will result from this pipe hanging construction. In order to enter into the existing utility easement, at the south side of the Jefferson Street bridge over the Buena Vista Creek channel, the lines will be placed within the landscaped setback adjacent to the east side of Jefferson Street for a distance of about 50-feet. Then, following the utility easement, the lines travel diagonally across the northbound lanes and into the southbound lanes of Jefferson Street. Then, at the Jefferson Street/Marron Road intersection, the pipes will make two 45-degree turns westerly and travel down the westbound lane of Jefferson Street west of the Marron Road intersection to the point where it connects with the West (Downstream) Segment of the proposed project at a point approximately 250-feet westerly of the Buena Vista Ecological Preserve Parking Lot. 2. West (Downstream) Segment. From a point within Jefferson Street west of the Marron Road intersection approximately 250-feet westerly of the Buena Vista Ecological Preserve Parking Lot and westerly to the terminus of the project east of I-5, the existing 24-inch force main will be rehabilitated with a non- corrosive, structural resin liner commonly known as Cured-In-Place Pipe (CIPP). Additionally, a new 24-inch OD HDPE sewer pipe force main will be installed, parallel with the rehabilitated line. This will allow for a main line and a backup line for this downstream segment of the project also. Permitting The project will require a Coastal Development Permit and a Special Use Permit (to authorize construction within a floodplain) issued by the City of Carlsbad. The California Coastal Commission has appeal authority over the Coastal Development Permit because of the project’s proximity to the lagoon. The project will be constructed with a methodology which avoids impacts to property considered jurisdictional to other federal and state agencies. Thus, no other state or federal agency permits are needed. Background The BVLS is a regional facility which receives sewage flow from the cities of Carlsbad, Vista and Oceanside. The subject sewer line segment is necessary as a replacement for an existing line which failed (and was temporarily repaired) in April 2007. This failed segment of the pipeline runs directly along the south side of Buena Vista Lagoon wetlands and open water. This failed line will be cut-off and abandoned in-place as it exits the BVLS. Sewage instead will be conveyed through the new or rehabilitated force main lines within Jefferson Street and Jefferson Street west of the Marron Road intersection. After leaving the subject new proposed lines, the sewage connects to existing, dual 16-inch force mains within Jefferson Street west of the Marron Road intersection (approximately 250-feet westerly of the Buena Vista Ecological Preserve parking lot), and travels westerly to the west side of I-5, to begin gravity flow to the Encina Wastewater Treatment Plant. The 16-inch portion of the existing force main will be left in place and not replaced or rehabilitated. A condition assessment was conducted on this section and both pipelines were found to be in excellent condition. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 5 Rev. 02/15/08 Construction Description Construction of the new BVLS force mains will involve temporary control of traffic through the work activity zone as normal traffic flow and patterns will be disrupted. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Work will begin at the east end (BVLS) and proceed to the west. The final stage of construction will involve a total road closure of Jefferson Street (except for local residents and emergency vehicles) from the intersection of Jefferson Street and Marron Road, westerly to Las Flores Drive. Machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, and will maintain a minimum 10 feet from Coastal Sage Scrub (CSS) and Freshwater Marsh (FM) vegetation communities. Staging areas for pipes, machinery, materials and tools will be within adjacent traffic lanes which will also be closed to traffic. Backhoe and similar rubber-tire machinery will be primarily utilized for trenching, with the spoils temporarily laid directly adjacent to the trench, a minimum 10 feet from CSS and FM vegetation. An appropriate gravel base will be laid below the pipes to address and mitigate any potential for long-term soil settlement. Trucks to transport materials to the site and other smaller vehicles will access the area and park on the public streets and on the existing BVLS pad. The construction work is expected to take approximately 8 months to complete. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. Environmental Setting and Surrounding Land Uses The setting of the construction area is considered mostly urbanized. The proposed project will be constructed almost totally within the public streets (Jefferson Street and Jefferson Street west of the Marron Road intersection) and within the intersection of Jefferson Street/Marron Road. The BVLS is located on an existing graded pad located on the north side of the Buena Vista Creek channel, immediately east of Jefferson Street. The Buena Vista Lagoon and the Buena Vista Lagoon Preserve public parking lot are situated adjacent to the west and north of the area. As shown on Figure 2, some portions of the east (upstream) segment of the force main improvements will occur on the Buena Vista Creek bridge (hung under the bridge structure) and within the ornamental landscaped setback for the adjacent retail mall restaurant and shop. The entire length of the west (downstream) segment of the project is located within the asphalt-covered roadway of existing Jefferson Street west of the Marron Road intersection. The project does not directly impact the adjacent Buena Vista Lagoon. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 6 Rev. 02/15/08 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Noise Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems CDP 09-037 SUP 09-01 Buena Vista Lift Station Force Main Project DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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 the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at •least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 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 becjagigj^potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMEj&Sl^&CT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Siariature Date Planning Director's Signature . Date CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 8 Rev. 02/15/08 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EIA-Initial Study”, if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 9 Rev. 02/15/08 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 10 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? Existing Condition: The project site is located within a very scenic area and possesses a view of Buena Vista Lagoon and its open space environs. The proposed sewer force main lines will be installed underground, with the exception of the approximate 125-foot length of pipe which will hang under the Jefferson Street bridge over Buena Vista Creek, and will not be visible. In this area, Jefferson Street west of the Marron Road intersection is identified in the City’s General Plan Circulation Element as a Natural Open Space and Recreation Corridor, and I-5 is identified as a Community Scenic Corridor in the Scenic Roadways, Implementing Policies and Action Programs. Environmental Evaluation: The sewer lines cannot be readily viewed from any of these streets due to their underground stature and the fact that they will be located under the surface of the street, vegetation, and under the Jefferson Street bridge over Buena Vista Creek. Views of the project site are not possible from vehicles traveling on Interstate 5 or Highway 78. No new, above ground structures are proposed. The construction will involve open trenching within and adjacent to the public streets, but this short term impact is not considered significant. Adopted goals and policies for Community Scenic Corridors in the Scenic Corridor Guidelines include preservation of “…distant views of the ocean, lagoons, and back country from Scenic Corridors.” Other goals focus on developing visually pleasing streetscapes and intersections with particular landscaping and setbacks. As the project components will be constructed underground, and are not readily visible from surrounding areas, the project does not conflict with the Scenic Corridor Guidelines. Finding: No Impact. The proposed project is located in a scenic area but will not significantly impact the view shed from any surrounding area. No above-ground structures are proposed as part of the project with the exception of the approximate 125-foot length of pipe which will hang under the Jefferson Street bridge over Buena Vista Creek. Therefore, the project will not result in a significant impact on any scenic vista. b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Existing Condition: No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located in or adjacent to the area of the proposed force main segment project. Portions of the area of impact are visible from a roadway which is identified as scenic per the City of Carlsbad General Plan (Jefferson Street), but although this roadway is scenic, it is not identified as a state scenic highway and is not a state highway designated by Caltrans as eligible for listing as a state scenic highway. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 11 Rev. 02/15/08 Environmental Evaluation: Since no trees, rock outcroppings or historic buildings are located in an identified state scenic highway within the vicinity of the proposed project, no significant impact to such resources is identified. Finding: No Impact. The proposed improvements are not within the viewshed of an officially designated state scenic highway. As a result, no impacts would occur. Please also refer to the preceding response with regard to local scenic highways. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Existing Condition: The project site is characterized as existing public streets and ornamental landscape buffer. The surrounding environment involves a public parking lot, commercial retail shopping center, and the native vegetation associated with the Buena Vista Ecological Preserve. Environmental Evaluation: The project involves the installation, rehabilitation, and abandonment of underground sewer pipeline facilities and a 125-foot length of above-ground pipe hung under the bridge over Buena Vista Creek. The permanent visual character of the site will not be changed in any substantive way through implementation of the project. Temporary visual impacts would involve the staging of trenching equipment during the construction period. These impacts are also not considered substantial or significant. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. Finding: No Impact. Please also refer to response I a) above. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Existing Condition: The subject area contains street lights, traffic signals, vehicular traffic, and lights and glare from the adjacent and distant commercial developments in the area. Environmental Evaluation: The proposed project involves the installation of a dual sewer force main line, the rehabilitation of an existing underground sewer force main line, and the abandonment of a section of existing sewer force main line. The project does not require nor propose artificial lights and all project features will be underground or hung under the Jefferson Street bridge that crosses Buena Vista Creek. Finding: No Impact. It is concluded that the proposed project will not result in a new source of substantial light and glare and will not affect day or nighttime views in the area. As a result, no impacts would occur. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURAL RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 12 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Existing Condition: No part of the subject site is designated as Prime Farmland on the "California Department of Conservation – San Diego County Important Farmland" exhibit dated September, 2002. No agricultural farming occurs in the area of the project at this time. Environmental Evaluation: The project will occur within and adjacent to Jefferson Street and Jefferson Street west of the Marron Road intersection. Thus, it will not have any impact on properties designated as Prime Farmland on the "California Department of Conservation – San Diego County Important Farmland" exhibit dated September, 2002. Thus, the project will not significantly impair the productivity of prime agricultural land. All construction activities will take place on property owned by the City of Carlsbad. Finding: No Impact. The project will have no impact on Prime Farmland or Farmland of Statewide Importance, as indicated on the State maps. As a result, no impacts would occur from implementation of the project. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Existing Condition: The subject project is located on property that is zoned for General Commercial (C-2) – Lift Station and Other Roadway. No Williamson Act encumbers the properties. Environmental Evaluation: No zone change is proposed and no Williamson Act encumbers the properties. Finding: No Impact. The site is on property not established for permanent agricultural uses. No significant effect on agricultural uses will result from implementation of the project. The property is not zoned for agricultural uses, and no Williamson Act contract encumbers the properties. As a result, no impacts would occur. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Existing Condition: No portion of the affected property contains farmland. Environmental Evaluation: The proposed project is situated within public streets and City-owned property and will not impact farmland. Finding: No Impact. Please refer to the preceding response. The proposed project will not take place on property not established for permanent agricultural uses. No effect on agricultural uses will result from implementation of the project. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 13 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) Conflict with or obstruct implementation of the applicable air quality plan? Existing Condition: The project site is presently occupied by public streets, a sewer lift station and landscape buffers. The project area has a warm-summer Mediterranean climate characterized by warm, dry summers and mild winters. The dominant meteorological feature affecting the region is the Pacific High Pressure Zone, which produces prevailing winds from the west to northwest. These winds tend to blow pollutants away from the coast toward the inland areas. Consequently, air quality near the coast is generally better than that which occurs at the base of the coastal mountain range. Within the city of Carlsbad the minimum and maximum average temperatures are 58 and 70 degrees Fahrenheit, respectively. Precipitation in the area averages 13.12 inches annually (National Weather Service data). Ninety percent of this rain falls between November and April. Sunshine is common during the days but night and morning cloudiness is common during the spring and summer. Local wind and weather conditions at the subject site are governed by the interaction of a dominant onshore-offshore flow within the local terrain of Buena Vista valley. Onshore flow typically comes up the valley and drains seaward at night. The prevailing wind direction is from the west-northwest, with an annual mean speed of 8 to 10 miles per hour. Fluctuations in the strength and pattern of winds from the Pacific High Pressure Zone interacting with the daily local cycle produce periodic temperature inversions that influence the dispersal or containment of air pollutants in the San Diego Air Basin (SDAB). The project is located in the northwestern portion of the SDAB. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 14 Rev. 02/15/08 The SDAB has a transitional-attainment status of federal standards for Ozone (O3). The Basin is either in attainment or unclassified for federal standards of CO, SO2, NO2, PM10 and lead. The SDAB is also in attainment of state air quality standards for all pollutants with the exception O2, and PM10. The EPA (under the Federal Clean Air Act of 1970, and amended in 1977) established ambient air quality standards for specific pollutants. This standard is called the Ambient Air Quality Standards (AAQS). The California Air Resources Board (CARB) subsequently established even more stringent California Ambient Air Quality Standards (CAAQS). Areas in California where ambient air concentrations of pollutants are higher than the state standard are considered to be in “non-attainment” status for that pollutant, as is the case in the SDAB for O3, and PM10. In general, Carlsbad and the coastal area enjoy good air quality with the exception of occasional exceedances of air quality standards for O3, CO and PM10. In the region surrounding the subject project, the Escondido air-monitoring station reported exceedances of the state standards for O3 from 2002 through 2004. Federal standards were also exceeded for O3 in 2004. At the Camp Pendleton Monitoring Station, the state standard for O3 was exceeded in 2003 and 2004 and the federal standard was not exceeded at all. All other criteria pollutants were within both the state and federal standards. Monitoring for lead was discontinued entirely in 1998. Environmental Evaluation: The project involves the abandonment of approximately 600 linear feet of an existing sewer force main, rehabilitation of 2,400 linear feet of existing sewer force main lines, and the installation of a set of dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. The project proposes no habitable buildings or traffic generating uses that would generate long-term air pollution. Instead, only minor short-term air quality impacts would be generated during the construction work and ongoing manhole and sewer line maintenance. These impacts would be associated with construction-related trips by a small number of workers (less than 20) and the equipment used during the installation construction. No permanent generator of impacts to air quality will result from the project. Finding: No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding air sheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 15 Rev. 02/15/08 Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Existing Condition: The project site produces no significant air pollution at this time. Environmental Evaluation: The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve only minimal short-term emissions associated with construction worker commute and the use of generators during manhole cleaning. Also, please refer to the preceding technical evaluation in Section III a). Finding: Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Existing Condition: The property is in a non-attainment status area, and the proposed project would contribute additional pollution emissions through short-term construction related impacts. Environmental Evaluation: Please refer to the technical evaluation in Section III a). The temporary construction period associated with the project would contribute minimally to pollution emissions; however, it does not conflict with the City of Carlsbad General Plan, the City of Carlsbad Zoning Ordinance, or the City of Carlsbad Master Environmental Impact Report (MEIR 93-01). Finding: Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Existing Condition: No sensitive air quality receptors are located in close proximity to the subject site. The nearest sensitive air quality receptor is Buena Vista Elementary School, which is located over one mile southerly of the site. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 16 Rev. 02/15/08 Environmental Evaluation: Please refer to evaluation at III a). The project is not located near sensitive receptors, and the project would not alter wind patterns, moisture levels, or temperatures in the area. Finding: No Impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? Existing Condition: The project involves the installation of a set of dual 24-inch diameter sewer force main lines for a total distance of approximately 4,200 linear feet; installation of a new resin liner to approximately 2,400 linear feet of existing pipeline; and abandonment of an approximately 600 linear feet of an existing sewer force main. The new pipelines will be located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. Environmental Evaluation: As a result of the provision of the proposed improvements, the existing 600 linear feet of old 24-inch DIP line will be abandoned. This existing line has previously failed. In the event that additional failures were to occur, objectionable odors and environmental harm to the Buena Vista Lagoon would result. The subject project will replace the most decrepit section of line and rehabilitate by relining remaining portions of the existing 24-inch DIP. This improvement will decrease the potential for the escape of fumes and odors. Thus, no significant odors are expected to result from the construction operation nor the project once completed. In addition, no occupied structures exist with close proximity to the sewer line alignment. Finding: No Impact. The construction of the proposed project would not be expected to generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Any minor amount of odor produced would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Once completed, the project will not create objectionable odors. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 17 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized areas; including the southwest corner of the BVLS pad, within Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. The proposed project will occur along level terrain, except the very west end which rises about 35 feet, at an elevation of between 10-feet mean sea level (MSL) and 45-feet MSL. A Preliminary Biological Assessment of the proposed project was prepared by Planning Systems, dated December 5, 2008. According to this report, vegetation within the alignment which would be impacted through implementation of the project, includes Developed Lands (DEV), disturbed lands (DIS), Exotic, unmaintained landscaping (EXO) and Ornamental landscaping (ORN). Although not directly impacted by the project but rather found in the vicinity of the project, the vegetation includes coastal and valley freshwater marsh (FM), Eucalyptus woodland (EUC) and Diegan coastal sage scrub (CSS). FM and CSS are vegetation types which are regulated by policies of the U.S. Fish & Wildlife Service and/or California Department of Fish & Game. As mentioned, the project design proposes no direct impacts to sensitive FM and CSS. The project involves the abandonment of an existing sewer line segment located directly adjacent to the lagoon wetlands, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of underground, dual 24-inch diameter sewer force main lines to be located on existing improved and graded, urbanized areas. These urbanized areas include the BVLS pad located immediately north of Buena Vista Creek, within the asphalt-covered right-of-way of Jefferson Street, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. The project will impact only asphalt and concrete surfaces of the roadways, and the ornamental landscaping, and these features will be replaced upon installation of the sewer lines. Environmental Evaluation: According to the Preliminary Biological Assessment, the project will not impact any vegetation considered sensitive pursuant to US Fish & Wildlife Service and California Department of Fish & Game listing of protected vegetation and species. Indirect impacts associated with construction of the project could however have the potential to disrupt sensitive bird species and possibly other sensitive animal species which are expected to be found in areas within the Buena Vista Lagoon environs in the vicinity of the project. Among these habitat communities are CSS which supports the California Gnatcatcher (Polioptila californica californica), FM, a CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 18 Rev. 02/15/08 habitat community which supports the Beldings Savannah Sparrow (Passerculus sandwichensis beldingi), Osprey (Pandion haliaetus), and Western Snowy Plover (Charadrius alexandrinus nivosus), and Southern Willow Scrub (SWS) vegetation, which supports the Least Bell's Vireo (Vireo bellii pusillus) and the Orange Throated Whiptail (Cnemidophorus hyperythrus beldingi). The FM, CSS and SWS communities are listed as sensitive in the Carlsbad Habitat Management Plan (HMP). As can be seen in the table below, and as shown graphically on Figure 3, direct project impacts do not include these sensitive communities. Vegetation Communities Impacted by the Project Plant Community Symbol Status Character Impact Areas Developed Lands DEV Non-Sensitive Asphalt street, bridge structure 3.54 Disturbed Lands DIS Non-Sensitive Urban, less than 50% vegetation 0.33 Exotic EXO Non-Sensitive Unmaintained landscaping plants 0.15 Ornamental ORN Non-Sensitive Planted non-native landscaping 1.52 TOTAL 5.54 As a result of the project’s avoidance of sensitive habitat communities, it is concluded that the proposed project will not directly impact local wildlife, migratory fish or the movement of any native resident or migratory wildlife species. Further, the project will be located underground, and therefore will not create a visible or physical obstruction. Machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, and will maintain a minimum 10 feet from CSS and FM vegetation communities. Also, staging areas for pipes, machinery, materials and tools will be within adjacent traffic lanes which will be closed to traffic. Backhoe tractors will be primarily utilized for trenching, with the spoils temporarily laid directly adjacent to the trench, a minimum 10 from CSS and FM vegetation. Trucks to transport materials to the site and other smaller vehicles will access the area and park on the public streets and on the existing BVLS pad. Thus, direct temporary impacts to adjacent sensitive habitats associated with the construction will be avoided. n I! c 'ra CDO O LJ_ CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 20 Rev. 02/15/08 However, the project may have the potential for indirect impacts on nesting or breeding birds in the sensitive habitats located in the adjacent lagoon area because of impacts resulting from temporary, construction-related noise. Listed birds not identified on or near the site but potentially impacted by indirect impacts include the Least Bell’s Vireo, Lightfooted Clapper Rail, and Southwestern Willow Flycatcher, all species that may be found in the adjacent FM. These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from February 15 to August 30 of any year. If project construction is contemplated during this time, the project would need to implement mitigation measures to ensure any construction noise impacts do not significantly impact these nesting migratory birds. Further, the project is subject to adopted HMP Adjacency Standards so that any other aspects of project construction or use that might impact wildlife, such as the introduction of invasive plants or exotic species or dust, are addressed and avoided through project design and construction notes. Finding: Potentially Significant Unless Mitigation Incorporated – A mitigation measure is appropriate in order to minimize construction impacts to sensitive wildlife species identified as a candidate, sensitive or special status species or to any sensitive habitats, or wildlife in the area, and to eliminate the potential for impacts to nesting sensitive species which would be expected to utilize the area during breeding season. These species include the Least Bell's Vireo, and the Southwestern Willow Flycatcher. This mitigation measure will address potential temporary impacts to birds that could result from construction during the nesting season and reduce those impacts to a level of insignificance. Mitigation Measure for Biological Resources BIO-1: Construction noise that could affect the breeding of migratory songbirds and other species associated with the adjacent sensitive CSS and FWM habitat shall be avoided. If construction occurs during the bird breeding/nesting season a qualified biologist shall conduct a focused survey for bird nests not more than 72 hours prior to commencement of construction operation. If nests are present, no loud construction may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. If nests are present, no construction activities shall occur within any portion of the construction alignment which would result in noise levels exceeding 60 dBA hourly average at the nesting site. No other significant temporary impacts are expected to occur during the performance of the construction work. Machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, at a minimum 10 feet from CSS and FM vegetation communities. b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Existing Condition: The project sewer line installation alignment does not support any wetland, riparian or aquatic natural community. Wetland vegetation (FWM including primarily cattails) occurs within adjacent Buena Vista Creek. Environmental Evaluation: As indicated in the Preliminary Biological Assessment, no sensitive vegetation community types, including wetland or riparian habitats, will be permanently or temporarily impacted through implementation of the project. The project does not cross or impact any jurisdictional wetland, riparian or aquatic areas. Please refer to environmental evaluation at IV a) above. Finding: Less Than Significant Impact. Wetlands and riparian habitats occur within the Buena Vista Lagoon Ecological Preserve in the vicinity of the project but these habitats will not be directly impacted by the project. As a result of this avoidance of direct impacts, the project impacts would be less than significant. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 21 Rev. 02/15/08 Existing Condition: Pursuant to Section 404 of the Clean Water Act (CWA), the U.S. Army Corps of Engineers (USACE) maintains regulatory authority over jurisdictional wetlands, waters of the United States, and non-wetland waters under certain conditions. The Buena Vista Creek and Buena Vista Lagoon are characterized as jurisdictional wetlands. No direct impacts to these wetlands are proposed through implementation of the project. Environmental Evaluation: No impacts to wetlands, marshes or lagoons will occur as a result of implementation of the sewer line installation project. Please refer to environmental evaluation at IV a) above. Finding: Less Than Significant Impact. Jurisdictional wetlands as defined by Section 404 of the CWA occur in the vicinity of the project. However these areas will not be permanently or temporarily impacted as a result of the project. Therefore, the project avoids impacts to wetlands as defined by Section 404 of the Clean Water Act and is considered to result in a less than significant impact to wetland or similar habitats. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Existing Condition: The subject sewer improvements are within an area regulated by the City of Carlsbad Habitat Management Plan (HMP). This HMP establishes the policy impact and mitigation standards with regard to the Federal and State Endangered Species Act’s (ESA) compliance. This HMP identifies the location of proposed habitat preserves and links, intended to establish wildlife connectivity and corridors. The project is located within the vicinity of HMP Core #1, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. Environmental Evaluation: Construction of the proposed project is not expected to directly or indirectly impact local wildlife movement or migratory fish or wildlife movement because the project is underground and will not result in impacts to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors. No impacts to fish will result from the project in that it does not propose any impacts to the lagoon water body or its drainages. Finding: Less Than Significant Impact. Construction would result in no significant impacts As such, impacts would be considered less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Existing Condition: The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. There are no significant trees that would be impacted by the project. In addition, the project would not conflict with the Carlsbad HMP. Environmental Evaluation: The subject project will not impact trees or other biological resources protected by policy or ordinance except as otherwise described in response IV a) and IV d) above. Finding: No Impact. The project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. As a result, no impacts would occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Existing Condition: The City of Carlsbad Habitat Management Plan (HMP) designates a natural preserve system and provides a regulatory framework for determining impacts to sensitive biological resources and assigning mitigation for any impacts that do occur. In addition, the project is also located within the California Coastal Zone and the Mello II segment of the adopted Local Coastal Program (LCP). No other local, regional or state habitat conservation plans specific to this site encumber the property. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 22 Rev. 02/15/08 Environmental Evaluation: The project is located within, or in the immediate vicinity of HMP Core #1. The project however, will not result in permanent impacts to vegetation communities protected by that HMP, as discussed in IV a) above. The HMP contains a number of Adjacency Standards that specifically apply to projects adjacent to sensitive habitat. As this project is located in the Mello II Land Use and Implementation Plan Segment of the City’s Local Coastal Program, it is subject to these policies. However, since the project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines, the project will not permanently disturb any sensitive habitat; therefore, the majority of these policies do not apply. 1. Fire Management. The project is not proposing any above-grade structures and will be situated almost totally within the existing roadway. As a result the project does not result in impacts that would affect Fire Management. 2. Erosion Control. The project does not propose any grading or elimination of existing vegetation which presently functions to control erosion. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will not direct any new surface drainage into Buena Vista Lagoon. 3. Landscaping Restrictions. The proposed project does not impact any sensitive habitat. No grading or requirement for landscaping will result from implementation of the project. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because no lighting is proposed and no nightwork would be required. No fencing is proposed around the project. 5. Predator and Exotic Species Control. The project would comply with this standard in the following ways: (1) the project will not result in permanent impacts to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts will be avoided through coordinated placement of excavated soil and storage of machinery and materials as indicated in Section IV a). The HMP also includes Additional Conservation Standards to be Applied to Properties in the Coastal Zone (Policies 7-1 through 7-14 on page D114 – D120 in the HMP). The following is an analysis of compliance with these Conservation Standards: 1. Policy 7-1. The project complies because it does not encroach or propose construction in an environmentally sensitive habitat area (ESHA) because it is wholly situated in previously-disturbed areas, including public streets and an existing graded pad. The project is not proposed within a hardline open space. 2. Policy 7-2. The project complies because it does not impact any sensitive CSS vegetation. 3. Policy 7-3. The project complies because it does not impact any Oak Woodland vegetation. 4. Policy 7-4. The project complies because it does not impact any stream course. 5. Policy 7-5. The project complies because it does not impact any ephemeral drainage or ephemeral stream. 6. Policy 7-6. The project complies because it does not impact any delineated wetlands. 7. Policy 7-7. The project complies because it does not impact any delineated wetlands or riparian habitat, and therefore no wetland mitigation or riparian mitigation is required. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 23 Rev. 02/15/08 8. Policy 7-8. The project complies because it does not impact CSS, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 9. Policy 7-9. The project complies because it does not impact CSS, Southern Maritime Chaparral, Maritime Succulent Shrub, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 10. Policy 7-10. The project complies because it does not impact ESHA and does not encroach into any hardline area, and thus is in compliance with this policy. 11. Policy 7-11. The project complies because it is located within area that has already been developed for streets or a sewer lift station, and thus the minimum required wetlands buffer identified in this policy is not applicable for this project. 12. Policy 7-12. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 13. Policy 7-13. This policy is not applicable to the project because the project is not located on lands adjacent to Macario Canyon and Veterans Memorial Park. 14. Policy 7-14. This policy is not applicable because the project is not located on any of the properties identified. Finding: Less Than Significant Impact. As demonstrated above, although the project is located in the vicinity of HMP Core #1 and within the Mello II Segment of the LCP, the project, as a result of its compliance with the policies of these documents can be found consistent with these documents. Thus, a less than significant impact to these applicable policy documents will result from implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in §1 5064.5? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized areas; including the BVLS pad, within the CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 24 Rev. 02/15/08 improved asphalt area of Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within the improved asphalt area of Jefferson Street west of the Marron Road intersection. Environmental Evaluation: An investigation of historical resources in the vicinity of the project has been conducted through the National Archaeological Database (updated August 2004) and no historical resources are identified within the vicinity of the proposed project. In addition, the National Register of Historic Places (NRHP) and California Historical Landmarks (CHL) list were also reviewed for this project. A record search encompassing the project area and a one-mile radius was obtained from the South Coastal Information Center at San Diego State University in April 2009. Records at the San Diego Museum of Man were researched by Anna C. Noah, Ph.D. with Noah Archaeological Consulting (Cultural Resource Survey for the Buena Vista Lift Station Sewer Force Main Project, dated May 2009). There are seven NRHP properties listed in the City of Carlsbad or in nearby Oceanside, however, none are located within the vicinity of the project. Finding: No Impact. An investigation of historical resources in the vicinity of the project has been conducted through the National Register of Historic Places (NRHP), California Historical Landmarks (CHL) list, and the National Archaeological Database and no historical resources are identified within the vicinity of the proposed project. Therefore, no significant impact to historical resources will result from implementation of the project. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? Existing Condition: The project site is located within a graded paved site, under an existing bridge structure, and within public streets. Environmental Evaluation: An investigation of archaeological resources in the vicinity of the project has been conducted through a record search, literature review, a field survey, and Native American contact encompassing the project area and a one-mile radius. The record search was obtained from the South Coastal Information Center at San Diego State University in April 2009. Records at the San Diego Museum of Man were also researched by Anna C. Noah, Ph.D. with Noah Archaeological Consulting (Cultural Resource Survey for the Buena Vista Lift Station Sewer Force Main Project, dated May 2009). The records search identified one archaeological site in the project area and the field survey identified an undocumented site a short distance outside the project area. In addition a small number of marine shell fragments were observed at the top of the concrete channel in the landscaped portion of the project immediately south of the bridge. However, this area is made up of imported soil (possibly including dredge from the immediate vicinity), which was brought in to fill a tidal flat. In addition, the Native American Heritage Commission (NAHC) was contacted to request information and input regarding Native American concerns either directly or indirectly associated with the proposed project. The NAHC responded that a search of the Sacred Lands file indicated the presence of Native American cultural resources within one-half mile of the project area. A list of seven individuals representing local tribes was provided to Anna C. Noah, Ph.D. A letter was sent to each of these contacts requesting information and input, and a follow-up telephone call was made to each individual. Native American correspondence and a log of telephone calls are provided in Appendix C of the Cultural Resource Survey, dated May 2009. Finding: Potentially Significant Unless Mitigation Incorporated. A records search, literature review, a field survey, and Native American contact encompassing the project area was conducted by Anna C. Noah, Ph.D. with Noah Archaeological Consulting. The record search and site visit identified two archaeological sites in the project area. Because archaeological resources have been identified in the vicinity of the project, mitigation measures are included to require a Native American monitor and a qualified archeologist monitor to be on site during trenching activities. These mitigation measures will address potential impacts to cultural resources and will reduce those impacts to a level of insignificance. Mitigation Measures for Cultural Resources CULT-1: The developer shall retain the services of a Native American monitor for all trenching activities. The purpose of this monitoring will be to allow for Native American observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 25 Rev. 02/15/08 items that may be uncovered during any ground disturbance activities. CULT-2: The developer shall retain the services of a qualified archeologist to monitor the trenching excavation activities. This archeologist shall be present at the pre-construction meeting to explain and coordinate the monitoring requirements. The archaeological monitor shall be onsite during all trenching excavation periods to perform periodic inspections of the excavations. Isolates and clearly non-significant deposits will be minimally documented in the field and monitored grading can proceed. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. All cultural material collected during the monitoring program shall be processed and curated according to current professional repository standards. A report documenting the field and analysis results and interpreting the artifact and research data will be completed within a reasonable timeframe agreed to by the Carlsbad Planning Director. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Existing Condition: The project site is located within a previously-graded pad, hung to the underside of an existing bridge structure, and within improved, urban public streets. Environmental Evaluation: Since the proposed project is located primarily within public streets and within an area that was previously graded, it is not anticipated that impacts to paleontological or unique geologic features or resources could result from implementation of the project. Finding: No Impact. As a result of the fact that no paleontological resources have historically been identified in the vicinity of the project and the project is mostly within existing roadways that have been previously disturbed by grading and trenching to install utilities. No impact to paleontological resources or unique geologic features is expected to result from implementation of the project. d) Disturb any human remains, including those interred outside of formal cemeteries? Existing Condition: The project site is located within a public urbanized area. No known human remains are located in the subject area. Environmental Evaluation: No known human remains are anticipated to be found in the subject area as the project will be constructed in previously developed and disturbed areas. No impact to human remains could be expected to result from implementation of the project. Finding: No Impact. As a result of the fact that no human remains have historically been identified in the vicinity of the project and the project is mostly within existing roadways that have been previously disturbed by grading and trenching to install utilities. No impact to human remains will result from implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 26 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Existing Condition: The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and beyond another 775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Upper Cretaceous, Tertiary and Quaternary age sedimentary rocks. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 27 Rev. 02/15/08 The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 4.5 miles westerly of the subject site, is made of predominately right-lateral strike- slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. Environmental Evaluation: No active faults have been mapped across the project site. The closest fault is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. No structures are proposed with this project. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on one of the active regional faults discussed above. The project features only dual, parallel sewer lines and no components that would be occupied by people. The project would be 10 feet under the surface of the ground, except for the approximate 125-foot length which will be attached to the underside of the Jefferson Street bridge over the Buena Vista Lagoon, and thus would not be readily publicly accessible. Finding: Less Than Significant Impact. The project site is not within a fault-rupture hazard zone as determined in the geotechnical report, and as indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. For these reasons, project impacts would be less than significant. ii. Strong seismic ground shaking? Existing Condition: Southern California is recognized as a seismically-active area. As indicated in the response to Item VI a) i, the Rose Canyon fault zone is the closest known fault, located approximately 4.5 miles westerly of the subject site. This fault is made of predominately right-lateral strike-slip faults that extend south-southeast through the San Diego metropolitan area. The second-closest active area of potential ground motion is the Julian and Temecula segments of the Elsinore fault zone. No other known active faults are located within the vicinity of the project. The most significant seismic event likely to affect the proposed facilities would be a maximum moment magnitude 6.9 earthquake along the Rose Canyon fault zone, in which the horizontal peak ground acceleration could reach 0.36g (36% of the acceleration of gravity). Environmental Evaluation: The project site will likely be subject to ground shaking in response to either a local moderate or more distant large-magnitude earthquake. Seismic risk at the site is comparable to the risk for the San Diego area in general. The closest source to the site for ground motion, and the source that would produce the greatest ground acceleration at the site, is the Del Mar segment of the Rose Canyon/Newport-Inglewood fault zone, about 4.5 miles west, and potentially the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the project site. Project design will meet or exceed existing earthquake design standards as required by city grading and building ordinances. Further, the project features no components that would be occupied by people and the project will be 10 feet underground and thus would not be publicly accessible. Finding: Less Than Significant Impact. Earthquake faults exist within southern California, including two fault zones within 24 miles of the site. Historical records have indicated however, that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than significant impact. The project involves maintenance of existing and construction of new public utility improvements that are underground, except the 125- fot length which is hung under the bridge, and thus does not involve the development of structures which would be CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 28 Rev. 02/15/08 considered a risk to life or property in the event of an earthquake event. As such, impacts would be less than significant. iii. Seismic-related ground failure, including liquefaction? Existing Condition: Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research indicates that loose granular soils and silts that are saturated by a relatively shallow groundwater table are most susceptible to liquefaction. The area of the project is mostly underlain by alluvial soils. Environmental Evaluation: Alluvial soils are considered a moderate risk of liquefaction due to their sandy physical characteristics. However, the sewer pipeline has existed for many years and no significant liquefaction has occurred. Finding: Less Than Significant Impact. The project does not propose any new uses or associated facilities on the existing sewer interceptor line. The project consists of replacement of existing sewer line facilities in a new alignment, rehabilitation of existing sewer lines, and the abandonment of a section of sewer line that goes through the eastern most area of the Buena Vista Lagoon. The existing line has been in place for many years and has not been damaged by liquefaction resulting from the alluvial soils in and around the subject site. Thus, the moderate liquefaction risk associated with the alluvial soils is not considered a significant impact. As such, impacts would be less than significant. iv. Landslides? Existing Condition: Areas of ancient land sliding have been identified outside the areas of the planned project. These landslides appear to be relatively shallow failures and not deep-seated. Environmental Evaluation: No landslides are anticipated to affect the proposed project development improvements. Finding: No Impact. No landslides are anticipated to affect the proposed project. Therefore, no impacts would occur from the proposed project. b) Result in substantial soil erosion or the loss of topsoil? Existing Condition: The proposed project involves the installation of dual, parallel 24-inch sewer lines. The alignment is primarily within public streets. No grading, other than the trenching required for pipe installation is proposed in conjunction with implementation of the project. Environmental Evaluation: No grading other than trenching is proposed with the project. As such, no increase in unprotected topsoil is expected to result from the project. As designed, the project will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. Finding: No Impact. The project would have no impact on soil erosion or the loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Existing Condition: As mentioned above in responses to Existing Conditions VI a) i, ii, iii, and iv. Environmental Evaluation: As mentioned above in responses to Environmental Evaluation VI a) i, ii, iii and iv. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 29 Rev. 02/15/08 Finding: Less Than Significant Impact. As mentioned above in response to Finding VI a) i, ii, iii, and iv. As a result, impacts would be less than significant. d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Existing Condition: Alluvial soils occur in the area of the proposed project. The alluvial soils on the site are not considered to be significantly expansive pursuant to the definitions identified in Table 18-1-B of the UBC (1997). Environmental Evaluation: The alluvial soils are not considered to be significantly expansive. Proper base will be placed under the pipes in order to minimize the potential for any long-term settling of the soil beneath the facility. No grading is proposed (trenching only) for the project. Finding: No Impact. The site does not have expansive soils as defined in Table 18-1-B of the UBC (1997). As a result, no impacts would occur. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Existing Condition: The project site is presently occupied by a graded, paved pad upon which the BVLS is located, and public streets (including a bridge over the Buena Vista Creek channel), and adjacent landscaping. No grading, sewer service, septic tanks or other disposal systems are proposed in conjunction with implementation of the project. Environmental Evaluation: No sewer service or septic tanks are required for the project. Finding: No Impact. The project is intended to upgrade and modernize the existing wastewater disposal system for the area. No additional wastewater disposal systems would be needed to serve the project; therefore, no septic tanks or alternative sewage disposal systems are included in the project description, and no impacts would occur from implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 30 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Existing Condition: There is no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination within or around the area to be trenched for the installation of the proposed pipes. Environmental Evaluation: The project involves the abandonment of an existing sewer line and the corresponding installation of a set of replacement dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street, within the landscape buffer of the retail center on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. No use of hazardous cleaning products on the site is expected to occur during the construction or permanent use phases. All transport, handling, use, and disposal of any construction substances would comply with all federal, state, and local laws regulating the management and use of such materials. Finding: Less Than Significant Impact. It is concluded that the routine amount of hazardous materials encountered during the construction period is not significant, and therefore no significant impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is anticipated. As a result, impacts would be less than significant. b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Existing Condition: Please refer to the preceding existing condition response, VII a). Environmental Evaluation: No significant hazard involving the release of hazardous materials into the environment would be anticipated from the project because although the project construction operation could utilize (short term) CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 31 Rev. 02/15/08 small amount of hazardous materials, the project does not necessitate the significant use of such materials, and after construction is completed, no hazardous materials will be utilized. As such, impacts would be less than significant. Finding: Less Than Significant Impact. Please refer to the response to Section VII a). No significant risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation of the proposed project. Thus, this impact is considered less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Existing Condition: The subject project site is not located within one-quarter mile of an existing or proposed school. The nearest school is Buena Vista Elementary School, which is located over one mile away southerly of the subject site. Environmental Evaluation: The proposed project is not located within one-quarter mile of an existing or proposed school. Finding: No Impact. The proposed project site is not located within one-quarter mile of an existing or proposed school. Therefore, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Existing Condition: The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5. Environmental Evaluation: The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5, which includes federal superfund sites (NPL), state response sites, voluntary cleanup sites, and school cleanup sites. The subject project is expected to reduce the potential for risk of bacteria that could enter the Buena Vista Lagoon. This conclusion is based on the fact that a new, modern, updated sewer line would replace an old, deteriorated line. More specifically, approximately 600 lineal feet of this deteriorated existing force main which lies along the eastern half of the distance adjacent to the lagoon shoreline will be abandoned in place. This abandoned line will be cut, flushed, filled with sand and capped off on each end. In place of the deteriorated line, the new proposed project will be located in the City’s street right-of-way, and thus will not be directly adjacent to the lagoon or any sensitive lagoon vegetation habitat. Finding: No Impact. The subject property is not included on any list of hazardous materials, and has no known previous use history that would involve the use or storage of hazardous materials. Therefore, no impacts would result from implementation of the project. e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Existing Condition: The subject site is located approximately 4 miles north of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area as outlined in the San Diego County Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Environmental Evaluation: The project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan for McClellan-Palomar Airport. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 32 Rev. 02/15/08 Finding: No Impact. The project will not result in a safety hazard for people working or residing in the project area. As a result, no impact would occur. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Existing Condition: No private airstrip exists in the vicinity of the subject project. Environmental Evaluation: The project is not within the vicinity of a private airstrip. Finding: No Impact. The project is not within the vicinity of a private airstrip. As a result, no impacts would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. The project will be located underground, with the exception of an approximate 125-foot length which will be hung under the existing Jefferson Street bridge of Buena Vista Creek. Environmental Evaluation: The proposed project is almost wholly underground. The short portion that is above- ground will be hung under the existing Jefferson Street bridge. As a result of these factors, upon completion of the project, it will not significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. Construction of the new BVLS force mains will involve temporary control of traffic through the work activity zone as normal traffic flow and patters will be disrupted. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Work will begin at the east end (BVLS) and proceed to the west. The final stage of construction will involve a total road closure of Jefferson Street (except for local residents) on a temporary basis from the intersection of Jefferson Street and Marron Road, westerly to Las Flores Drive. Alternative roadway travel routes exist at Monroe Street and Hwy 78 and I-5. Finding: Less Than Significant Impact. No improvements are proposed for the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. A traffic control plan will be prepared for the project. The temporary construction period will necessitate a traffic control plan which will result in temporary closure of the roadway for a period of not more than 3 months. Convenient alternative detour routes exist in both directions. Therefore, the impacts are considered less than significant. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Existing Condition: The project site is presently occupied by public streets and the BVLS graded pad. Environmental Evaluation: While the project site is adjacent to native habitat areas, it will not result in significant risk of loss, injury or death involving wildland fires or other wildland events. No structures are proposed as part of the project and the project has no components that are accessible to or habitable by people. Finding: No Impact. The proposed project will not result in any significant exposure to wildfire risk. As a result, no impact will occur. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 33 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 34 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact k) Increase erosion (sediment) into receiving surface waters. l) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Violate any water quality standards or waste discharge requirements? Existing Condition: The subject project is located adjacent to Buena Vista Lagoon and the Buena Vista Creek. It is also adjacent to a commercial retail mall and parking lots. Environmental Evaluation: The project is a project which involves the underground installation of dual, 24-inch sewer lines. The project will be required to comply with all city, state and federal water quality standards and water discharge requirements. Finding: No Impact. The project will involve the installation of underground, dual, parallel sewer lines. These lines will replace an existing line which has previously contributed to a violation of water quality standards from a pipe failure. This project will improve the situation regarding the potential for sewage spill by removing from service the pipeline segments which are within the Lagoon or immediately adjacent to the Lagoon and thus will not result in violation of any water quality standards or waste discharge requirements. As a result, no impacts would occur. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Existing Condition: The project area is on relatively flat topography that drains into culverts and ultimately into Buena Vista Lagoon. The project area is presently urbanized with public streets, the retail center landscape setback CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 35 Rev. 02/15/08 and the BVLS graded pad. Surrounding land uses include a commercial retail mall and associated parking lots, and the Buena Vista Ecological Preserve public parking lot. Environmental Evaluation: The proposed project would replace the portion of the existing sewer force main which failed in April 2007. The soil and surface materials will be replaced to the character that they were before construction was initiated. The project would not redirect or interfere with any groundwater recharge occurring on the subject site. Finding: No Impact. The proposed project will not deplete groundwater supplies, or interfere with ground water recharge. As a result, no impacts would occur. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Existing Condition: Drainage flows from the subject site directly into Buena Vista Lagoon. The National Weather Service indicates that the average yearly rainfall within this drainage area is approximately 13 inches. Nearly all of the surface runoff within the drainage area occurs between December and late March. Environmental Evaluation: The project proposes repair and improvements to the sewer force main to reduce the potential for sewage spill by replacing the existing old sewer force main line located within the boundary of the Buena Vista Lagoon Ecological Preserve, owned by the State of California and managed by the California Department of Fish and Game. The replacement lines would be placed 10-feet under the surface of the streets. Flow patterns of creeks and drainages in the area would be maintained as they are presently. Finding: No Impact. Since flow patterns of creeks and drainages would be maintained, and only temporary trenching is proposed, erosion or siltation from alteration of drainage courses will not occur. Therefore, no impacts would occur from implementation of the project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Existing Condition: The project area is on flat topography that drains towards Buena Vista Lagoon except at the westerly end of the downstream segment, which rises approximately 35 feet in height from the upstream segment of the proposed sewer trunk line. The project area is mostly within the public Right-of-Way with the sewer interceptor line below the surface. Environmental Evaluation: No grading or other improvements are proposed which would alter the course of any stream or river or substantially affect the flow rate or volume of surface runoff. Finding: No Impact. No impact to any stream or river, or increase in the volume of surface runoff, will result through implementation of the proposed sewer manhole repair and ongoing maintenance project. As a result, no impacts would occur. e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Existing Condition: The project site is presently occupied by the BVLS graded pad, the Jefferson Street bridge structure over Buena Vista Creek, and public streets. Environmental Evaluation: The project would not contribute additional runoff water beyond what is found in the existing conditions onsite. The subject sewer lines would be placed in a trench underground and then re-covered. It would not affect the presently existing storm drain system in the area. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 36 Rev. 02/15/08 Finding: No Impact. No additional pollution of surface waters or impact to storm drain facilities will result from the project. f) Otherwise substantially degrade water quality? Existing Condition: The proposed project site presently drains to Buena Vista Lagoon, and ultimately to the Pacific Ocean. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. Environmental Evaluation: Construction of the proposed project improvements would reduce the potential for sewage spill by permanently removing from service the force main section which failed in 2007 on the south shore of Buena Vista Lagoon. As a result, upon completion, the project would be expected to result in less risk of degraded water quality in the downstream lagoon. Normal precautions will be taken to eliminate the potential for sewage spill during the construction operation. Temporary erosion control protections will be implemented during the construction of the project. A number of adopted City LCP policies address water quality/erosion control required of project’s within the Coastal Zone. Adequacy of the project in relation to these City of Carlsbad LCP Mello II policies is as follows: 1. Policy 3- 4 - Grading and Landscaping Requirements. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 2. Policy 4-3 – Accelerated Soil Erosion. The project complies because no portion of the project is being developed on steep slopes as identified in the LCP. 3. Policy 4-4 - Removal of Natural Vegetation. The project complies and will not contribute to erosion because it does not propose removal of any natural vegetation. 4. Policy 4-5- Soil Erosin Control Practices. The project complies because onsite erosion will be avoided as a result of the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 5. Policy 4-6 – “Sediment Control” Practices. The project complies sediment control will be provided through the use of silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. 6. Zoning Ordinance Chapter 21.203.040(B)(4). The project complies because the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation in accordance with: (1) the requirements of the city’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, and the Master Drainage Plan dated 1994, as those documents are certified as part of the city’s LCP; (2) the city’s Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP; and (3) the additional requirements contained herein. Such mitigation will become an element of the project and will be installed prior to the start of the trenching. Finding: Potentially Significant Unless Mitigation Incorporated. The project will incorporate best management practices (BMPs) and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. In addition, the proposed project will not result in any increase in impervious area. The city will include requirements in the coastal development permit approval to allow CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 37 Rev. 02/15/08 inspection and maintenance of the BMPs. Also, the project proposes to incorporate soil stabilization BMPs on disturbed areas as soon as feasible. The following mitigation measures will address potential impacts to hydrology and water quality resources and will reduce those impacts to a level of insignificance. Mitigation Measures for Hydrology and Water Quality HYDRO-1: The developer shall control erosion, siltation and construction-related pollutants through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Storm water Management Plan (SWMP), and Discharge Control Ordinance and the General Municipal Storm water Permit in effect at the time of construction. The developer shall be responsible for monitoring and maintaining the BMPs identified in the referenced permits on a daily basis. BMPs to be used during the construction shall include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, and storm drain inlet protection. HYDRO-2. The developer shall prepare an emergency plan to be prepared and in place by the engineer and contractor prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of sewer spill into the adjacent wetlands. These precautions shall include a readily-identified sequence of construction which is understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. This plan shall be reviewed and approved by the City Engineer g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Existing Condition: Portions of the project area are located within the 100-year flood hazard area. These areas include much of the segment of sewer line within Jefferson Street west of the Marron Road intersection. Since the construction of the sewer pipe hung under the Jefferson Street bridge over Buena Vista Creek will take place on scaffolding hanging from the bridge, no impact to the Buena Vista Creek floodplain will result from the project. Thus, no permanent or construction impacts will occur within the floodplain at the creek location. Environmental Evaluation: The project proposes no housing. Pursuant to Section 21.110.130 of the Carlsbad Zoning Ordinance, which dictates that any construction or development within a floodplain requires approval of a special use permit, this project must obtain a special use permit prior to installation of the sewer line. Finding: No Impact. No housing is proposed as part of the project and therefore no impacts will result from implementation of the project. h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Existing Condition: Portions of the project area are located within 100-year flood hazard areas, as shown on Figure 4. Environmental Evaluation: The project proposes installation of new sewer line facilities only. The project will not place any new above ground structures within the limits of the identified 100-year flood hazard areas. The project will be underground and will thus not utilize any volume area within the 100-year flood zone. Construction of the project will not place equipment, structures or other materials in areas which could impede flows of the 100-year flood. Thus no impediment to flood flows will result from implementation of the project. Pursuant to Section 21.110.130 of the Carlsbad Zoning Ordinance, which dictates that any construction or development within a floodplain requires approval of a special use permit, this project must obtain a special use permit prior to installation of the sewer line. Finding: No Impact. No above ground structures will be placed within a 100-year flood hazard area. As a result, no impacts would occur. EXHIBIT E 100-Year Flood Zone Analysis Q UJ OUJ_J H LU Zg FORCE MQ ROPOSEQ. < 01 LU ON Q O O U-00 YEAR*- 51 OjX, >d o >_llil CO <_!Q- lli Ocrz>oCO c "cc CDO O LL , I^3 < CO <D.^_, c:M— o" LU <r, xu —-i^ 0) y i.jj o CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 39 Rev. 02/15/08 i) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Existing Condition: Please refer to existing condition description VIII g) and h) above. Environmental Evaluation: Proposed project components would not expose people or structures to flooding. Finding: No Impact. As explained herein and in VIII g) and h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam. As a result, no impacts would occur. j) Inundation by seiche, tsunami, or mudflow? Existing Condition: The proposed project site is not located in an area prone to seiche or tsunami conditions as identified in the City’s MEIR, Map 5.10.1-2. Environmental Evaluation: Conditions for seiche, tsunami or mudflow do not exist at or near the project site inasmuch as it is located inland from the ocean. As an erosion and sediment control project, the proposal would not expose people or structures to inundation. Finding: No Impact. The potential for damage to the project from seiche, tsunami or mudflow are very low due to the project's location and elevation. No impacts to people or structures would occur. k) Increased erosion (sediment) into receiving surface waters. Existing Condition: The proposed project site presently drains to Buena Vista Lagoon, and ultimately to the Pacific Ocean. The proposed sewer force main lines will be installed underground. No grading (only temporary trenching) is proposed by the project. Environmental Evaluation: No grading (only temporary trenching) is proposed by the project and thus no erosion or sediment will result from implementation of the project. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will incorporate erosion control best management practices (BMPs) and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. The project will comply with NPDES requirements. Finding: No Impact. No grading is proposed by the project. Significant and appropriate erosion control measures are included as part of the project construction operation. In consideration of these factors, no erosion or sediment will result from implementation of the project. l) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Existing Condition: The proposed project site presently drains to Buena Vista Lagoon, and ultimately to the Pacific Ocean. The existing 24-inch ductile iron pipe (DIP) has previously failed and resulted in a spill of pollutant discharge into the Lagoon. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 40 Rev. 02/15/08 Environmental Evaluation: The project would replace an existing DIP sewer force main line with a pipeline material which is non-corrosive (high density polyethylene or HDPE). The project proposes no increase in pollutant discharges. No significant levels of heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances, or uncontrolled trash would be produced by the project. Conversely, the project is designed to reduce the possibility that these pollutants could escape and spill in the future, thereby contributing significantly to decreased pollution of downstream areas, including Buena Vista Lagoon. During construction, all disturbed areas will be improved or landscaped which will minimize erosion and trenching will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. The project avoids removal of any natural vegetation and will use silt fences, sandbags and straw mulch rolls around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Thus, the project incorporates erosion control measures to minimize urban pollutants, erosion and sedimentation during construction as well as after the project has been completed. Finding: Less Than Significant Impact. The project construction will be required to comply with NPDES requirements of the City of Carlsbad. As a result, any construction impacts to water quality in the Buena Vista Lagoon will be less than significant. m) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Existing Condition: The subject project is located adjacent to Buena Vista Lagoon and the Buena Vista Creek. It is also adjacent to a commercial retail mall and parking lots. Environmental Evaluation: The project involves the underground installation of dual, 24-inch sewer lines, and a 125-foot length of above-ground pipe hung under the bridge over Buena Vista Creek. Finding: Less Than Significant Impact. No receiving water quality will be adversely affected through implementation of the proposed project. Conversely, upon completion, the project would be expected to contribute a decreased potential for pollution of Buena Vista Lagoon since an existing old force main, located at the southeast portion of the lagoon, will be abandoned in place and replaced with a new, modern line within the street right-of- way. n) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? Existing Condition: Buena Vista Lagoon and the Pacific Ocean are downstream water bodies from the subject project site. Environmental Evaluation: No downstream water body is listed on the Clean Water Act Section 303(d). Finding: No Impact. No downstream water body is listed on the Clean Water Act Section 303(d) and no pollutants are anticipated to be released from the proposed project. o) Increase impervious surfaces and associated runoff? Existing Condition: The project area is on flat topography that drains into Buena Vista Lagoon. The project area is urbanized and contains a high amount of impervious (public street) surfaces. Environmental Evaluation: The project will be located underground, except where hung under the Jefferson Street bridge, and all existing surfaces will be replaced. Thus the project does not include the construction of any new impervious surfaces; therefore, no additional runoff would be anticipated. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 41 Rev. 02/15/08 Finding: No Impact. No runoff associated with the construction of new impervious surfaces would result inasmuch as impervious surfaces proposed (asphalt road surface) will only replace existing impervious surfaces. Therefore, no impacts would occur. p) Impact aquatic, wetland, or riparian habitat? Existing Condition: The proposal would not result in impacts to native habitats, including aquatic, wetland or riparian habitat. Environmental Evaluation: The project does not propose impacts to any aquatic, wetland, or riparian habitat. Finding: No Impact. No impacts to aquatic, wetland, or riparian habitats are proposed. As a result, no impacts would occur with this project. q) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Existing Condition: The subject project is located adjacent to Buena Vista Lagoon and the Buena Vista Creek. It is also adjacent to a commercial retail mall and parking lots. Environmental Evaluation: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines. Finding: Less Than Significant Impact. No receiving water quality objectives would be adversely affected through implementation of the proposed project. Conversely, upon completion, the project would contribute positively to the water quality of Buena Vista Lagoon and the lagoon’s beneficial uses, as a result of decreased risk of sewage spill on the force main line. Thus, impacts would be considered less than significant. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) Physically divide an established community? Existing Condition: The project site is presently occupied by public streets and urbanized environs. The nearest established community is the commercial retail mall southwesterly of the site. Environmental Evaluation: No structures are proposed as part of the project. Construction of the underground sewer lines will not divide an existing community. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 42 Rev. 02/15/08 Finding: No Impact. The project would not separate any contiguous community areas. As a result, no impacts would occur. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Existing Condition: The zoning of the property allows for public streets, utilities and General Commercial land uses. The entire property is within the coastal zone. Environmental Evaluation: Project compliance with each relevant land use document is examined below: 1. General Plan. The project is in the Regional Commercial (R) – Lift Station, and Undesignated Street right- of-way Land Use designations. The Regional Commercial Zone allows public infrastructure as a permitted use. The Land Use Element requires that public facilities be provided in the city adequate for the projected population. The project complies with these provisions by providing the allowed sewer lines consistent with General Plan policies. 2. Zoning Ordinance. The proposed improvement includes installation of a sewer trunk line to replace one that is in a state of disrepair. The public infrastructure project is an existing allowed use within the General Commercial (C-2) – Lift Station/Other Roadway Zone. 3. Coastal Act Compliance. The project is within the Mello II Land Use Plan, which serves to implement the Local Coastal Program for this area of the Carlsbad Local Coastal Program. As with the General Plan, the Land Use Plan designates the area for General Commercial (C-2)/Undesignated Street Right-of-Way uses. Both the Land Use Plan and the Carlsbad Habitat Management Plan (HMP) have strict policies to discourage destruction of sensitive habitat, including no net loss of sensitive habitats and significant restrictions on disturbing wetlands. The project is situated in an urbanized area and thus proposes no disturbance of any sensitive habitat, including wetlands. Further, the project will not result in additional urban runoff, pollutants, erosion or sedimentation as no grading is proposed and no new uses will be constructed. No increase in intensity is proposed as a result of implementation of the project. Finding: Less Than Significant Impact. The proposed project would be consistent with all applicable land use policies. No incompatibility would exist between the proposed project and the applicable land use regulations. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Existing Condition: The City of Carlsbad Habitat Management Plan for Natural Communities (HMP) is intended to lead to citywide permits and authorization for the incidental take of sensitive plant and animal species in conjunction with private developments, public projects and other activities which are consistent with the Plan. No other habitat conservation plans specific to this site effect the property. As part of the planning process for the HMP, a citywide interconnected open space preserve system was identified. Areas were identified as biological habitat Core and Linkage Areas. The subject area is located within Core #1 which includes the wetland and lagoon areas to the north and west of the site. Environmental Evaluation: The project is located within, or in the immediate vicinity of HMP Core #1. The project however, will not result in permanent impacts, as discussed in IV a) above. The HMP contains a number of Adjacency Standards that specifically apply to projects adjacent to sensitive habitat. As this project is located in the Mello II Land Use and Implementation Plan Segment of the City’s Local Coastal Program, it is subject to these policies. However, since the project will be constructed mostly with in the street right-of-way, the project will not permanently disturb any sensitive habitat; therefore, the majority of these policies do not apply. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 43 Rev. 02/15/08 1. Fire Management. The project is not proposing any above-grade structures, except for the section that is hung under the Buena Vista Creek Bridge, and will be situated almost totally within the existing roadway. As a result the project does not result in impacts that would affect Fire Management. 2. Erosion Control. The project does not propose any grading or elimination of existing vegetation which presently functions to control erosion. The construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. This will include silt fences, sandbags and straw mulch rolls being placed around excavated trench spoils during the construction period. Also, all storm drains and natural drainages situated downstream from the construction will be protected by linear sediment barriers or similar erosion control devices. Weather monitoring will take place in order to avoid exposed soils during times of heavy rainfall. The streets within and around the construction site will be swept and maintained regularly during the construction period. The project will not direct any new surface drainage into Buena Vista Lagoon. 3. Landscaping Restrictions. The proposed project does not impact any sensitive habitat. No grading or requirement for landscaping will result from implementation of the project. 4. Fencing, Signs, and Lighting. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because no lighting is proposed and no night work would be required. No fencing is proposed around the project. 5. Predator and Exotic Species Control. The project would comply with this standard in the following ways: (1) the project will not result in permanent impacts to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts will be avoided through coordinated placement of excavated soil and storage of machinery and materials as indicated in Section IV a). The HMP also includes Additional Conservation Standards to be Applied to Properties in the Coastal Zone (Policies 7-1 through 7-14; page D114-D120 in the HMP). The following is an analysis of compliance with these Conservation Standards: 1. Policy 7-1. The project complies because it does not encroach or propose construction in an environmentally sensitive habitat area (ESHA) because it is wholly situated in previously-disturbed areas, including public streets and an existing graded pad. 2. Policy 7-2. The project complies because it does not impact any sensitive CSS vegetation. 3. Policy 7-3. The project complies because it does not impact any Oak Woodland vegetation. 4. Policy 7-4. The project complies because it does not impact any stream course. 5. Policy 7-5. The project complies because it does not impact any ephemeral drainage or ephemeral stream. 6. Policy 7-6. The project complies because it does not impact any delineated wetlands. 7. Policy 7-7. The project complies because it does not impact any delineated wetlands or riparian habitat, and therefore no wetland mitigation or riparian mitigation is required. 8. Policy 7-8. The project complies because it does not impact CSS, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 44 Rev. 02/15/08 9. Policy 7-9. The project complies because it does not impact CSS, Southern Maritime Chaparral, Maritime Succulent Shrub, Native Grassland or Oak Woodland, and therefore no mitigation is required for these vegetation types. 10. Policy 7-10. The project complies because it does not impact ESHA and does not encroach into any hardline area, and thus is in compliance with this policy. 11. Policy 7-11. The project complies because it is located within area that has already been developed for streets or a sewer lift station, and thus the minimum required wetlands buffer identified in this policy is not applicable for this project. 12. Policy 7-12. The project complies because all graded areas will be improved or landscaped which will minimize erosion. Also grading will not occur during the rainy season unless sufficient erosion control measures have been included in the project construction program. 13. Policy 7-13. This policy is not applicable to the project because the project is not located on lands adjacent to Macario Canyon and Veterans Memorial Park. 14. Policy 7-14. This policy is not applicable because the project is not located on any of the properties identified. Finding: Less Than Significant Impact. The project would not impact sensitive vegetation and would not affect the functioning of the hardline open space area including the Buena Vista Lagoon Ecological Preserve and thus is considered consistent with the City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. Thus, the proposed project will not result in a conflict with any applicable habitat conservation plan or natural community conservation plan Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Existing Condition: The project site is presently occupied by urbanized public streets and the graded pad which houses the BVLS. No known or expected mineral deposits of future value to the region and the residents of the state are located in the immediate vicinity of the subject project. Environmental Evaluation: No known mineral resources have been identified on the site, and such minerals are typically not found in soils typical of this site. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. As a result of the minor amount of trenching excavation and disruption of the surface of the land that will result from the proposed project, no significant impact to the potential for valuable mineral deposits is anticipated from the project. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 45 Rev. 02/15/08 Finding: No Impact. No known mineral resource of regional or statewide value is known that would be affected through implementation of the project. Additionally, the project would affect a relatively small area of earth disruption, and any substantial mineral resource recovery under these minimal circumstances would not be expected. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. Therefore, no impacts would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Existing Condition: The subject site is not designated on the City of Carlsbad General Plan or the Zoning Ordinance as a locally important mineral resource recovery site. Environmental Evaluation: As a result of the fact that the City has not designated the subject property as an important mineral resource recovery site in any regulatory land use document, it is determined that implementation of the proposed project will not result in the loss of availability of a locally important mineral resource recovery site. Finding: No Impact. No adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, designate the subject site as a mineral resource recovery location. As a result, no impacts would occur. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 46 Rev. 02/15/08 Existing Condition: Presently, noise on the project site is generated by vehicle traffic on Jefferson Street, Marron Road, Highway 78 and to a lesser degree on Interstate 5, which is several hundred feet away to the west. The subject sewer line will make no noise. The construction (particularly the trenching) will create a temporary, small level of noise. The nearest existing housing is located approximately 500 feet southerly of the proposed project area. Environmental Evaluation: The proposed project is the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines; therefore, the project will not create any significant noise. Some noise will be created during construction. The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dB for more than 8 hours during any 24-hour period. The only noise generator in close proximity to the project is vehicle traffic noise from the roadways discussed above. Finding: Less Than Significant Impact. Construction noise levels generated by the project are anticipated to comply with City of Carlsbad permitted construction hours and County of San Diego Noise Policy Standards. The developed project would result in no perceptible noise. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Existing Condition: The proposed project site does not currently generate ground vibrations. Environmental Evaluation: No ground vibration or ground-bourne noise is expected to occur during construction of the project, the project is not anticipated to expose persons to or generation of excessive groundbourne vibration or noise levels. Finding: No Impact. The project would not produce any significant groundbourne vibration. As a result, no impacts would occur. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Existing Condition: Please refer to response XI a). Environmental Evaluation: Please refer to response XI a). Finding: No Impact. The project is not anticipated to result in a permanent increase in ambient noise levels in the project vicinity above levels generated by vehicle traffic on adjacent roadways and highways. As a result, no impacts would occur. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Existing Condition: Please refer to response XI a). Environmental Evaluation: Please refer to response XI a). CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 47 Rev. 02/15/08 Finding: Less Than Significant Impact. During construction, no significant increase in ambient noise levels in the project vicinity is anticipated. Construction will be scheduled to conform to the noise level limitations specified in the Carlsbad Municipal Code, so the increase is not considered substantial or significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Existing Condition: The subject site is located approximately 4 miles north of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Environmental Evaluation: The property is not located within an airport land use plan. Therefore, no special land use restrictions as they relate to airport safety are applicable to the project site. The project will also be located underground. Finding: No Impact. The proposed project will not expose people to excessive noise levels and will thus not result in any impacts. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Existing Condition: No private airstrip exists in the vicinity of the subject project. Environmental Evaluation: The project is not within the vicinity of a private airstrip, therefore the project would not expose people residing or working in the project area to excessive noise levels. Finding: No Impact. The project is not within the vicinity of a private airstrip. As a result, no impacts would occur. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Existing Condition: The project site is located within the City of Carlsbad’s Zone 1 LFMP. The existing General Plan designation for the project site is Regional Commercial (R) - Lift Station/Undesignated Street ROW. Utilities are allowed within open spaces. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 48 Rev. 02/15/08 Environmental Evaluation: No homes or businesses are proposed as part of the project, and the project proposes no change to the existing Regional Commercial (R) - Lift Station/Undesignated Street R-O-W Land Use designation or any other Land Use designation. The proposed project will address a sewer line situation which is in disrepair. It will also accommodate planned growth per the existing Carlsbad and Vista General Plans. Therefore, growth would not be significantly induced through the proposed sewer repair project. Finding: Less Than Significant Impact. The proposed project is needed to replace an existing sewer line that failed in 2007 and add an additional backup line and; therefore, it is not proposed to increase growth. The project would accommodate planned growth, but would not significantly induce substantial growth, nor would it induce population growth by providing infrastructure to support unplanned growth. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Existing Condition: No housing exists within the immediate area of the proposed improvements. Environmental Evaluation: The proposed project will not displace any existing housing because no housing exists in the area of the subject project. Finding: No Impact. No housing will be displaced by the project. As a result, no impacts would occur. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines Environmental Evaluation: The proposed project will not displace any people because no people, residences or other development presently exists on the site. Finding: No Impact. No people or houses will be displaced by implementation of the project. Therefore, no impacts would occur as a result of implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 49 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact iv) Parks? v) Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Existing Condition: The project site is located within the Zone 1 Local Facilities Management Plan (LFMP) area. City of Carlsbad Fire Station No. 1 (1225 Carlsbad Village Dr.) serves the subject site. Environmental Evaluation: The subject site is considered by the Carlsbad Fire Department to be within an effective fire response time of Fire Station No. 1. Furthermore, the project proposes no business or residential uses. The subject project would not measurably affect the anticipated current fire response times. Finding: No Impact. The proposed project is within an area anticipated by the Fire Department to be within an effective fire response time. The project will comply with the standards identified in the Zone 1 LFMP, and therefore will not have any measurable affect on the fire service demands or needs of the area. As a result, no impacts would occur. ii. Police protection? Existing Condition: The Carlsbad Police Department (CPD), located at 2560 Orion Way, services the entire City of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. Environmental Evaluation: The project does not propose any residential or business uses; therefore, the proposed project would not represent an increase in demand on CPD resources. Finding: No Impact. The installation of the sewer interceptor line would not cause an increase in the demand for police services. As a result, no impacts would occur. iii. Schools Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines. Environmental Evaluation: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines. It features no component that would generate students. The project would not cause an increase in demand for schools. Finding: No Impact. The project would not impact schools. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 50 Rev. 02/15/08 iv. Parks? Existing Condition: The project site consists of public streets, a graded BVLS pad, and an existing bridge that crosses over Buena Vista Creek. Environmental Evaluation: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines. It features no component that would generate park users. The project would not cause an increase in demand for parks. Finding: No Impact. The proposed project will not create an increase in demand for parks. Therefore, no impacts would occur. v. Other public facilities? Existing Condition: Sewer: The Carlsbad Municipal Water District provides sewer service to the subject site. The Zone 1 LFMP stipulates that adequate sewer trunk line capacity must meet demand as determined by the appropriate wastewater district and must be provided concurrent with development. Water: The Carlsbad Municipal Water District provides water service to the subject site. The project creates no demand for water. The Zone 1 LFMP stipulates that water line capacity must meet demand as determined by the appropriate water district and must be provided concurrent with development. The LFMP also requires a minimum ten day average storage capacity prior to any development. Environmental Evaluation: Sewer: The subject project ensures an adequate supply of sewer connection in this area of Carlsbad. Water: No water service would be provided to the project. Finding: No Impact. The proposed project would not generate sewer and water usage. No unanticipated demands would occur as a result of the project. As a result, no impacts would occur. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 51 Rev. 02/15/08 Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. Environmental Evaluation: The project would not cause an increase in demand for recreational facilities. Finding: No Impact. The proposal would generate no residents or workers and thus would not increase demand for parks. As a result, no impacts would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. Environmental Evaluation: The proposed project does not include nor require recreational facilities. Finding: No Impact. The project does not feature nor require recreational facilities. Therefore, no impacts would occur as a result of implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 52 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Existing Condition: The subject project is located in the northwest quadrant of the city of Carlsbad, just east of Interstate 5 and generally south of Highway 78. Upon completion of the project, the project will not generate any traffic. A small amount of temporary construction traffic will be generated. Environmental Evaluation: The proposed project will not generate traffic. Some minor temporary traffic, lasting no more than six months, would result from delivery and removal of construction equipment and from arriving and departing construction workers during the construction period only. Trenching for the sewer line will be necessary. This trenching will take place within Jefferson Street, Marron Road, and Jefferson Street west of the Marron Road intersection. Standard, approved traffic controls will be utilized during the construction so that traffic can continue to use the streets during the construction period. No long-term increase in traffic will result from the underground sewer line project. Finding: No Impact. The proposed project would not cause a substantial increase in traffic. As a result, no impacts would occur. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Existing Condition: SANDAG, acting as the County Congestion Management Agency, has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing Level of Service (LOS) on these designated roads and highways in Carlsbad are: LOS Rancho Santa Fe Road A – D El Camino Real A – D Palomar Airport Road A – D SR 78 F The Congestion Management Program’s (CMP) acceptable LOS standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable LOS “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at Buildout. Environmental Evaluation: As explained in XV a) above, the proposed project would not impact traffic flow in the area of the project. The buildout ADT projections above are based on the full implementation of the region’s general and community plans. The proposed project is a permitted open space use and is consistent with General Plan land use Regional Commercial designation for the project site; therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable LOS “E” standard assumes implementation of the adopted CMP strategies. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 53 Rev. 02/15/08 Based on the design capacities of the designated roads and highways and implementation of the CMP strategies, the designated streets will function at acceptable levels of service in the short-term and at buildout. Finding: No Impact. As explained in XV a) above, the proposed project would not impact traffic flow in the area of the project. As a result, no impacts would occur. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? Existing Condition: The subject site is located approximately 4 miles north of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area according to the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Environmental Evaluation: The project site is not located within the Airport Influence Area according to the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. The project features no aviation components. Therefore, no special land use restrictions as they relate to airport safety are applicable to the project site. Finding: No Impact. The project will not result in a change in air traffic patterns. As a result, no impacts would occur. d) Substantially increase hazards due to a design feature or incompatible uses? Existing Condition: The project will be installed underground and will not result in any changes above-ground except for the pipe segment which will hang underneath the Jefferson Street bridge. Environmental Evaluation: The project proposes no circulation improvements. No increase in hazards would be expected. The project would reduce the risk of sewage spill. Finding: No Impact. The project proposes no circulation improvements or construction along or to an existing or proposed city road and does not affect any public or private access to other property. Therefore, no impacts would occur as a result of the project. e) Result in inadequate emergency access? Existing Condition: The project is located within an urbanized area including public streets and the BVLS graded pad. Environmental Evaluation: Project construction will be underground, except for a 125-foot length of above-ground pipe hung under the bridge over Buena Vista Creek. The project would not eliminate any existing access to the area. Construction of the project will involve temporary control of traffic through the work activity zone as normal traffic flow and patters will be disrupted. This work activity zone will be marked by signs, pavement markings, delineators and other devices to provide visibility to the drivers, bicyclists and pedestrians in order to provide a safe and efficient route through the work zone area. Detour routes will be provided as necessary. Work will begin at the east end (BVLS) and proceed to the west. The final stage of construction will involve a total road closure of Jefferson Street (except for local residents and emergency vehicles) from the intersection of Jefferson Street and Marron Road, westerly to Las Flores Drive. Alternative routes exist, including Monroe Street, Hwy 78 and I-5, in the area. Finding: No Impact. The project would not affect any public street or access or affect any private access to other property. f) Result in inadequate parking capacity? Existing Condition: Parking lots are adjacent to the subject property. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 54 Rev. 02/15/08 Environmental Evaluation: The proposed project will not impact any parking spaces. Finding: No Impact. The project neither requires nor proposes, nor impacts parking areas. As a result, no impacts would occur. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? Existing Condition: The subject project contains no uses that require alternative transportation. Further, the sewer lines are proposed underground within existing public streets, except for a 125-foot length of above-ground pipe hung under the bridge over Buena Vista Creek. No modification to the street design is proposed. Environmental Evaluation: The project features no components that would require alternative transportation or that would generate any alternative transportation users. Finding: No Impact. As a result of the fact that regional and local policies, plans or programs do not include any specific reference to the site in terms of alternative transportation programs, it is concluded that the project would not conflict with adopted policies, plans, or programs supporting alternative transportation. As a result, no impacts would occur from implementation of the project. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 55 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact g) Comply with federal, state, and local statutes and regulations related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Existing Condition: The project site is public streets, landscaped setback, and a graded pad (BVLS). Environmental Evaluation: The proposed project would not generate wastewater. Finding: No Impact. The project would not have an impact on wastewater treatment. The project would result in more efficient and reliable wastewater transport to the Encina Wastewater Plant. As a result, no impacts would occur. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? Existing Condition: Please refer to the previous response. The project will not result in an increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Environmental Evaluation: The project would not result in an increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Finding: No Impact. No additional water or wastewater treatment facilities would be required due to the construction of the proposed project. As a result, no impacts would occur. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Existing Condition: The project site is presently improved with drainage facilities. The subject project consists of installation of underground sewer force main facilities. No permanent modification of the ground surface is proposed. Environmental Evaluation: The proposed project is necessary to upgrade and install sewer force main lines. No grading (other than temporary trenching) is proposed. No modification to existing drainage routes is proposed. No increase in runoff will result from implementation of the repair and maintenance project. Finding: No Impact – No modification or addition of new storm water drainage facilities or expansion of existing facilities will be required as a result of the project. Therefore, no impacts would occur. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Existing Condition: The project site is presently occupied by public streets, a graded pad (BVLS site), and existing urban land uses. Environmental Evaluation: The proposed project would not require a water supply. Thus, the project would have no impact on water supplies. Finding: No Impact. The project would not result in an impact to water supplies. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 56 Rev. 02/15/08 e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Existing Condition: The project site is public streets, landscaped setback and a graded pad (BVLS). Environmental Evaluation: The proposed project would not generate wastewater. Finding: No Impact. The project would not have an impact on wastewater treatment. The project would result in more efficient and reliable wastewater transport to the Encina Wastewater Plant. As a result, no impacts would occur. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street right-of-way, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street right-of- way west of the Marron Road intersection. Environmental Evaluation: The project would not generate any substantive solid waste. Finding: No Impact. No measurable increase in impact on solid waste creation is expected to result from the subject project. As a result, no impacts would occur. g) Comply with federal, state, and local statutes and regulations related to solid waste? Existing Condition: See previous response. Environmental Evaluation: The project would create no significant impact on solid waste collection and disposal, and will comply with federal, state, and local statutes. Finding: No Impact. The project would create no impact on solid waste collection and disposal, and would comply with federal, state, and local statutes. As a result, no impacts would occur. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 57 Rev. 02/15/08 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the southwest corner of the BVLS pad, within Jefferson Street right-of-way, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street right-of-way west of the Marron Road intersection. The proposed project will occur along level terrain, except the very west end which rises about 35 feet, at an elevation of between 10-feet mean sea level (MSL) and 45-feet MSL. Environmental Evaluation: Vegetation communities which would be impacted through implementation of the project, includes Developed Lands (DEV), disturbed lands (DIS), Exotic, unmaintained exotic landscaping (EXO) and Ornamental landscaping (ORN). In the area adjacent to the vicinity of the project, the vegetation includes coastal and valley freshwater marsh (FM), Eucalyptus woodland (EUC), and Diegan coastal sage scrub (CSS). FM and CSS are vegetation types which are regulated by policies of the U.S. Fish & Wildlife Service and/or California Department of Fish & Game. The project design proposes no direct impacts to sensitive FM and CSS or any other habitats determined to be sensitive by the Wildlife Agencies. Additionally, the habitats of a number of sensitive bird species and possibly other sensitive animal species are found in areas within the Buena Vista Lagoon environs in the vicinity of the project. These bird species are listed in Section IV of this EIA document. Construction of the proposed project will not directly impact local wildlife or migratory fish because (1) the project is underground, except for a 125-foot length of above-ground pipe hung under the bridge over Buena Vista Creek. and will not result in; therefore no impacts will occur to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary trenching and pipe placement impacts will only occur on the city streets, the retail project landscaped setback, and the BVLS pad during the construction period, and thus are not considered significant, as indicated in the Preliminary Biological Assessment. However, the project may have the potential for indirect impacts on nesting or breeding birds in the adjacent lagoon area because of impacts resulting from temporary, construction-related impacts, such as noise. Birds not identified on or near the site but potentially impacted by indirect impacts include the Least Bell’s Vireo, Lightfooted Clapper Rail, and Southwestern Willow Flycatcher, all species that may be found in the adjacent FWM. These impacts would have the potential to occur only during the bird nesting/breeding season, generally from February 15 to August 30 of any year. If project construction is contemplated during this time, the project would need to CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 58 Rev. 02/15/08 implement mitigation measures to ensure any temporary noise impacts do not significantly impact migratory birds. Further, the project is subject to HMP Adjacency Standards so that other aspects of project construction or use that might impact wildlife, such as the introduction of invasive plants or exotic species or dust, are addressed through project design and mitigation measures. No other significant temporary impacts are expected to occur during the performance of the construction work. Machinery necessary to accomplish the trenching and pipe laying work will be located on urbanized pads and streets, at a minimum 10 feet from CSS and FM vegetation communities. As a result of the potential for temporary impacts to biological resources, the project could have the potential to degrade the quality of the environment, or substantially reduce the habitat of a fish or wildlife species, and thus a mitigation measure (BIO-1) has been included in Section IV (a) to address potential impacts to biological resources and will reduce those impacts to a level of insignificance. An investigation of archaeological resources in the vicinity of the project has been conducted through a record search, literature review, a field survey, and Native American contact encompassing the project area identified one archaeological site in the project area and the field survey identified an undocumented site a short distance outside the project area. In addition a small number of marine shell fragments were observed at the top of the concrete channel in the landscaped portion of the project immediately south of the bridge. In addition, the Native American Heritage Commission (NAHC) was contacted to request information and input regarding Native American concerns either directly or indirectly associated with the proposed project. The NAHC responded that a search of the Sacred Lands file indicated the presence of Native American cultural resources within one-half mile of the project area. Because archaeological resources have been identified in the vicinity of the project, mitigation measures are included to require a Native American monitor and a qualified archeologist monitor to be on site during trenching activities. These mitigation measures (CULT-1 and CULT-2) included in Section V (b) will address potential impacts to cultural resources and will reduce those impacts to a level of insignificance. The construction of the proposed project improvements would reduce the potential for sewage spill by permanently removing from service the force main section which failed in 2007 on the south shore of Buena Vista Lagoon. As a result, upon completion, the project would be expected to result in less risk of degraded water quality in the downstream lagoon. Normal precautions will be taken to eliminate the potential for sewage spill during the construction operation. Temporary erosion control protections will be implemented during the construction of the project. In addition, the project will incorporate best management practices (BMPs) and submit a water quality technical report as specified in the National Pollutant Discharge Elimination System (NPDES) permit and in the SUSMP. The mitigation measures (HYDRO-1 and HYDRO-2) included in Section VIII (f) will address potential impacts to hydrology and water quality resources and will reduce those impacts to a level of insignificance. Finding: Potentially Significant Unless Mitigation Incorporated. Potentially significant project impacts could occur to biological, cultural, and hydrology and water quality resources, as indicated in this document. The biological impacts are primarily short-term and would occur only during project construction and all can be mitigated to a less than significant level. A mitigation measure is appropriate in order to minimize construction impacts to sensitive wildlife in the area and to eliminate the potential for impacts to nesting sensitive species which would be expected to utilize the area during breeding season (Section IV (a)). The cultural impacts would only occur during trenching activities. Two mitigation measures were added in order to minimize construction impacts to cultural resources (Section V (b)). In addition, two mitigation measures were added to ensure the project does not substantially degrade water quality (Section VIII (f)). With these mitigation measures implemented potential impacts will be reduced to a level of insignificance. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 59 Rev. 02/15/08 right-of-way, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street right-of- way west of the Marron Road intersection. Environmental Evaluation: No cumulative impacts will result from implementation of this replacement sewer line project. This project’s conformance to the HMP ensures it avoids the potential to contribute to a significant cumulative impact to biology. Finding: No Impact. It is concluded that no significant cumulative impacts would result from implementation of the project. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Existing Condition: The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines located on existing improved and urbanized areas; including the BVLS pad, within Jefferson Street right-of-way, within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street right-of- way west of the Marron Road intersection. Environmental Evaluation: The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Significant environmental effects of the project, which can be mitigated to a less than significant level, is limited to potential impacts in the area of biological resources. However, the project proposes no habitable structures or uses, is not proposed on a site with hazardous substances, and involves no use that would require transport, use, storage, or upset of hazardous materials, or that would generate hazardous or objectionable fumes, plumes, or odors. Finding: No Impact. Potential adverse effects on the human population have been evaluated in preceding sections of this checklist. The project would meet all existing standards established by federal, state, and local regulations as discussed herein. With implementation of the proposed mitigation measure for biological resources, no substantial indirect or direct adverse effects would result from project implementation. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 60 Rev. 02/15/08 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 61 Rev. 01/02/07 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department. March 1994. 2. California Department of Transportation website, “California Scenic Highway Mapping System.” http://www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm. Accessed September 15, 2008. 3. Scenic Corridor Guidelines. City of Carlsbad. July 1, 1988. 4. City of Carlsbad Local Coastal Program. City of Carlsbad. Adopted November 1987, Mello II Segment. 5. Current Rules and Regulations, County of San Diego Air Pollution Control District. November, 2002. 6. San Diego County Important Farmland, California Department of Conservation. September, 2002. 7. Preliminary Biological Assessment Buena Vista Interceptor Sewer Line. Planning Systems. December 5, 2008. 8. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. Final Approval November, 2004. 9. Uniform Building Code – Volume 1 (1997); Table 18-1-B. 10. Special Publication 42, California Geological Survey; State Geologist Division of Mines and Geology. May 1996. 11. Zone 2 Local Facilites Management Plan. City of Carlsbad. November, 1986 12. Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through September 2008. 13. Carlsbad General Plan – Circulation Element, City of Carlsbad Planning Department, dated March, 1994. 14. National Archaeological Database, Records Report - Buena Vista Lagoon SE, Carlsbad, CA, August 18, 2008. 15. Cultural Resource Survey for the Buena Vista Lift Station Sewer Force Main Project, City of Carlsbad, San Diego County, California. May 2009. Anna C. Noah, Ph.D., Noah Archaeological Consulting. CDP 09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project 62 Rev. 01/02/07 LIST OF MITIGATING MEASURES (IF APPLICABLE) To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: Biological Resources BIO-1: Construction noise that could affect the breeding of migratory songbirds and other species associated with the adjacent sensitive CSS and FWM habitat shall be avoided. If construction occurs during the bird breeding/nesting season a qualified biologist shall conduct a focused survey for bird nests not more than 72 hours prior to commencement of construction operation. If nests are present, no loud construction may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. If nests are present, no construction activities shall occur within any portion of the construction alignment which would result in noise levels exceeding 60 dBA hourly average at the nesting site. Cultural Resources CULT-1: The developer shall retain the services of a Native American monitor for all trenching activities. The purpose of this monitoring will be to allow for Native American observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. CULT-2: The developer shall retain the services of a qualified archeologist to monitor the trenching excavation activities. This archeologist shall be present at the pre-construction meeting to explain and coordinate the monitoring requirements. The archaeological monitor shall be onsite during all trenching excavation periods to perform periodic inspections of the excavations. Isolates and clearly non-significant deposits will be minimally documented in the field and monitored grading can proceed. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. All cultural material collected during the monitoring program shall be processed and curated according to current professional repository standards. A report documenting the field and analysis results and interpreting the artifact and research data will be completed within a reasonable timeframe agreed to by the Carlsbad Planning Director. Hydrology and Water Quality Resources HYDRO-1: The developer shall control erosion, siltation and construction-related pollutants through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Storm water Management Plan (SWMP), and Discharge Control Ordinance and the General Municipal Storm water Permit in effect at the time of construction. The developer shall be responsible for monitoring and maintaining the BMPs identified in the referenced permits on a daily basis. BMPs to be used during the construction shall include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, and storm drain inlet protection. HYDRO-2: The developer shall prepare an emergency plan to be prepared and in place by the engineer and contractor prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of sewer spill into the adjacent wetlands. These precautions shall include a readily-identified sequence of construction which is understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. This plan shall be reviewed and approved by the City Engineer. CDP09-03/ SUP 09-01 Buena Vista Lift Station Force Main Project APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Page 1 of 3 Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. PROJECT NAME: Buena Vista Lift Station Sewer Force Main VC-4 FILE NUMBERS: CDP 09-03/SUP 09-01 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City’s monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Biological Resources BIO-1: Construction noise that could affect the breeding of migratory songbirds and other species associated with the adjacent sensitive CSS and FWM habitat shall be avoided. If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USFWS and CDFG), upon completion of a breeding/nesting bird survey of the area in accordance with the Migratory Bird Treaty Act. A biological monitor of the construction operation is required. If nests are present, no loud construction may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. If nests are present, no construction activities shall occur within any portion of the construction alignment which would result in noise levels exceeding 60 dBA hourly average at the nesting site. Project – Prior to Grading Planning Department Page 2 of 3 Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Cultural Resources CULT-1: The developer shall retain the services of a Native American monitor for all trenching activities. The purpose of this monitoring will be to allow for Native American observation of trenching excavation including formalized procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. CULT-2: The developer shall retain the services of a qualified archeologist to monitor the trenching excavation activities. This archeologist shall be present at the pre- construction meeting to explain and coordinate the monitoring requirements. The archaeological monitor shall be onsite during all trenching excavation periods to perform periodic inspections of the excavations. Isolates and clearly non-significant deposits will be minimally documented in the field and monitored grading can proceed. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. All cultural material collected during the monitoring program shall be processed and curated according to current professional repository standards. A report documenting the field and analysis results and interpreting the artifact and research data will be completed within a reasonable timeframe agreed to by the Carlsbad Planning Director. Project – Prior to and During Grading Project – Pre-Con Meeting and During Grading Planning Department Planning Department Page 3 of 3 Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Hydrology and Water Quality Resources HYDRO-1. The developer shall control erosion, siltation and construction-related pollutants through compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan, Stormwater Management Plan (SWMP), and Discharge Control Ordinance and the General Municipal Stormwater Permit in effect at the time of construction. The developer shall be responsible for monitoring and maintaining the BMPs identified in the referenced permits on a daily basis. BMPs to be used during the construction shall include, but are not limited to; silt fencing, fiber rolls or gravel bag berms, street sweeping and vacuuming, covering soil piles, and storm drain inlet protection. HYDRO-2. The developer shall prepare an emergency plan to be prepared and in place by the engineer and contractor prior to beginning construction work on the sewer line. This emergency plan shall include special precautions in order to reduce or eliminate the possibility of sewer spill into the adjacent wetlands. These precautions shall include a readily-identified sequence of construction which is understood by construction personnel, assurance that necessary tools are available in the event of uncontrolled leakage, a program and pumps for temporary bypass, if needed, knowledge of critical operating facilities, and a program of defined roles and responsibilities. This plan shall be reviewed and approved by the City Engineer. Project – Prior to and During all Construction Work Project – Prior to any Construction Work Engineering Department & Construction Contractor Engineering Department & Construction Contractor State 7ater Resources Contrf ^ Board Linda S. Adams Secretary for Environmental Protection Division of Financial Assistance 10011 Street • Sacramento, California 95814 • (916) 341-5700 FAX (916) 341-5707 Mailing Address: P.O. Box 944212 • Sacramento, California • 94244-2120 Internet Address: http://www.waterboards.ca.gov Arnold Schwarzenegger Governor MAR 1 6 2009 Ms. Pam Drew City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Drew, INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) FOR THE CITY OF CARLSBAD (CITY); BUENA VISTA LIFT STATION SEWER FORCE MAIN PROJECT (PROJECT); SAN DIEGO COUNTY; STATE CLEARINGHOUSE (SCH NO. 2009021085) We understand the City may be pursuing Clean Water State Revolving Fund (CWSRF) financing for this Project. As a funding agency and a State agency with jurisdiction by law to preserve, enhance, and restore the quality of California's water resources, the State Water Resources Control Board (State Water Board) is providing the following information for the environmental document prepared for the Project. ./"-.> If the City decides to pursue funding through the CWSRF program, please provide us with the following documents applicable to. the proposed Project: (1) Copies of the Draft and Final IS/MND, (2) the resolution adopting the MND and making CEQA findings, (3) all comments received during the review period and your response to those comments, (4) the adopted Mitigation Monitoring and Reporting Plan, and .(5) the Notice of Determination filed with the Governor's Office of Planning and Research State Clearinghouse. In addition, we would appreciate notice of any hearings or meetings held regarding environmental review of any projects to be funded by the State Water Board. The CWSRF Program is partially funded by the U.S. Environmental Protection Agency and requires additional "CEQA-Plus" environmental documentation and review. The State Water Board is required to consult directly with agencies responsible for implementing federal environmental laws and regulations. Any environmental issues raised by federal agencies or their representatives will need to be resolved prior to State Water Board approval of a CWSRF funding commitment for the proposed Project. It is important to note that prior to a CWSRF funding commitment, projects are subject to provisions of the Federal Endangered Species Act and must obtain Section 7 clearance from the U.S. Fish and Wildlife Service (USFWS), and/or National Marine Fisheries Service (NMFS) for any potential effects to special status species. Please be advised that the State Water Board will consult with USFWS, and/or NMFS regarding all'federal special status species the Project has the potential to impact if the Project is to be funded under the CWSRF Program. The City will need to identify whether the Project will involve any direct effects from construction activities or indirect effects, such as growth inducement, that may affect federally listed threatened, endangered, or candidate species that are known, or have a potential to occur on-site, in the surrounding areas, or in the service area. Please identify applicable conservation measures to reduce such effects. California Environmental Protection Agency M8.Pam.DfBw -2- MAR 1 6 2009 In addition, CWSRF projects must comply with federal laws pertaining to cultural resources, specifically Section 106 of the National Historic Preservation Act. Please contact the State Water Board's Cu^ural Resources Officer, Ms. Cookie Him, at (916) 341-5690, to find out more about the requirements, and to initiate the Section 106 process pursuant to CWSRF financing. Note that the City will need tfe-identify the Area of Potential Effects (including construction and staging areas and the depth of any excavation). Native American and Interested Party Consultation are necessary for Section 106 compliance: • A Project description and map should be sent to the Native American Heritage Commission (NAHC). The NAHC will provide a list of Native American tribes and individuals that are culturally affiliated with your Project area and recommend that they all be contacted. • A Project description and map should be sent to everyone on the list provided by the NAHC, asking for information on the Project area. • Similar letters should be sent to local historical organizations. » Follow-up contact should be made by phone, if possible, and a phone log should be included. • Comments from the NAHC, local tribes and historical organizations affiliated with the Project area, as well as the City's response to these comments should be included in the final CEQA document. The NAHC can be contacted at: 915 Capitol Mall, Room 364 Sacramento, CA 95814 (916)653-4082 Other federal requirements pertinent to the Project under the CWSRF Program include the following: A. For the proposed environmental document for CWSRF financed projects, regarding compliance with the Clean Air Act (CAA), we recommend including a general conformity section that addresses the following steps. Please note that the conformity requirements do not, per se, apply to compliance or enforcement orders issued by federal agencies (see 40 C.F.R. § 93.153 (c)(2)(v)) or state agencies (conformity applies only to federal actions, see 40 C.F.R. § 93.150). Step 1: Describe the air quality status for each criteria pollutant for the area where the Project's emissions occur. A CAA general conformity analysis applies only to projects in a nonattainment area or an attainment area subject to a maintenance plan ("maintenance area"), and is required for each criteria pollutant for which an area has been designated nonattainment or maintenance. Projects in an attainment area not under a maintenance plan, or in an unclassified area are not subject to any conformity analysis (for those projects, your analysis is done). Provide a summary of the emissions that are expected from both the construction and operation of the Project for each criteria pollutant in a nonattainment or maintenance area. Proceed to step 2. California Environmental Protection Agency Ms. Pam Drew - 3 - MAR I 6 2009 Step 2: Compare these emissions to the de minimis (applicability) levels specified for each nonattainment or maintenance area's pollutant. See 40 C.F.R. §93.153(b) (Applicability). If the Project's emissions are below the appropriate de minimis level proceed to step 3. If the Project's emissions are above the specified level, move on to step 5. Alternately, if the CWSRF financed Project comprises an activity that the rule lists as exempt from conformity (see §93.153(c) (2)), no further conformity analysis is needed because by regulation, the projects are presumed to conform (generally, we do not believe that the types of projects that receive CWSRF financing appear on the rule's exempt activity list). Please explain how the exemption applies and proceed on to step 4. In addition, under §93.153(d)(4), if the CWSRF activity is the alteration of, or addition to an already existing facility, which is specifically required by environmental law or regulation, the activity would be exempt from the conformity requirements, as long as the Project does not increase capacity of the facility. Step 3: Even if the Project's emissions are below these de minimis levels, compare the emissions to the emissions inventory for the nonattainment or maintenance area to ensure the Project's emissions are less than 10 percent of the inventory. See 40 C.F.R. §93.153(1) (Regional significance). Emissions inventories can be obtained from the local air pollution control agency. Proceed to step 4. Step 4: If emissions are below the de minimis levels and are less than 10percent of the area's inventory, or if. the Project is one of the activities the rule exempts from general conformity, the Project is not subject to any further general conformity-analysis (i.e. an actual conformity determination is not required). The State Water Board can then conclude that the conformity regulation presumes that the Project conforms to the State Implementation Plan (SIP). This decision should be documented in the environmental review document but does not have to be circulated for any public comment and review beyond that which otherwise would occur during the CEQA or National Environmental Policy Act process. Step 5: If emissions are above the de minimis levels or are greater than 10 percent of the area's inventory, follow the requirements for making a conformity determination under §93.158. For a project which causes ozone pollutants (NOx and VOC), and NO2, if a project is a regional water or wastewater project (see §93.152 for the definition of regional water and/or wastewater projects), and is sized to meet the needs of the population projections specified in the applicable SIP, the State Water Board will be able to make a positive conformity determination for Project emissions for these pollutants under this specific criterion provided in the rule (see §93. 158(a)(v)(5)). Otherwise, the State Water Board will have to use one of the other specified criteria to make a conformity determination. B. Compliance with the Migratory Bird Treaty Act: List any birds that are protected under this Act that may be impacted by the Project, and identify conservation measures to minimize such impacts. C. Compliance with the Wild and Scenic Rivers Act: Identify whether or not any Wild and Scenic Rivers would be potentially impacted by the Project, and include conservation measures to minimize such impacts. California Environmental Protection Agency MS'PamDreW; -4" MAR 16 2009 D. Protection of Wetlands: Identify whether or not the Project or construction activities will impact streams, flood control, or wetlands. E. Flood plain Management: Identify whether or not the Project is in a Flood Management Zone and a copy of the Federal Emergency Management Agency flood zone maps for the project area. F. Farmland Protection Policy Act: Identify whether or not the proposed Project will impacts any important farmland or land under Williamson Act control. G. Coastal Zone: Identify whether or not the proposed Project is within the Coastal Zone. Following are my specific comments on the IS/MND: 1. Page 17 of the IS/MND states that a preliminary biological assessment for the Project was . prepared on December 5, 2008. Please include this biological assessment in the IS/MND. • 2. On page 20, regard.^Jndireet impacts to special status species, the IS/MND states "These potential noise impacts would be considered impacting only if the noise created a disruption of nesting activities, and thus only during the bird nesting/breeding season, generally from February 15 to August 30 of any year." Note that indirect impacts (e.g., noise and vibration) to special status species may be adverse and considered "take" under the federal ESA even outside of the nesting/breeding season. Therefore, include mitigation measures to also avoid indirect impacts to special status species when construettaaoccurs outside of the nesting/breeding season. ' 3. Please describe the City's consultation process with the California Department of Fish and Game for state listed species, and USFWS for federally-listed species. 4. On page 35, it states "Normal precautions will be taken to eliminate the potential for sewage spill during construction operation. Temporary erosion control protections will be implemented during the construction of the project". Include as mitigation measures both the precautions for eliminating sewage spill and the temporary erosion control protections during Project construction. 5. Page 23 states that "An investigation of historical resources" was "conducted through the National Archeological Database (updated August 2004) and no historical resources are identified within the vicinity of the proposed project." The National Archeological Database is a compilation of reports and references. This resource is not meant to identify site locations. There are recorded archeological site locations in the vicinity of the Project location and at least one recorded site may be within the Project's APE. The "CEQA and Archeological Resources" section from the Governor's Office of Planning and Research CEQA Technical Advice Series states that the lead agency should obtain a current records search using the appropriate California Historical Resources File System information Center. California Environmental Protection Agency c - f E Ms. Pam Drew - 5 - MAR 1 6 2009 Also, additional sources of information on the possible presence and evaluation of archeological resources include the Native American Heritage Commission (NAHC). The NAHC maintains a file of Sacred Lands which contain information unavailable elsewhere and will also provide the City with a list of Native American tribes and individuals that are culturally affiliated with your Project area. 6. Page 23 states that "the project is proposed within previously graded and disturbed areas". Disturbance of the Project site by human activities such as grading and development does not eliminate the potential for buried cultural resources to exist; therefore, the City's conclusion with regards to the presence of artifacts and other potential cultural resources has not been supported by factual information. 7. If the City decides to pursue Proposition 84 funds, Public Resources Code §75102 requires that before the adoption of a negative declaration or environmental impact report required for any project to be financed with Proposition 84 funds, the lead agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the NAHC, if that tribe has traditional lands located within the area of the proposed Project. Thank you once again for the opportunity to review the City's IS/MND. If you have any questions or concerns, please feel free to contact me at (916) 341-5686, or by email at ihockenberry@waterboards.ca.gov or Ms. Michelle L Jones at (916) 341-6983. James Hockenberry Environmental Scientist cc: State Clearinghouse (Re: SCH# 2009021085) P. O. Box 3044 Sacramento, CA 95812-3044 California Environ mental Protection Agency California Natural Peso/ s Agency ARNOLD S( VARZENEGGER, Governor DONALD KOCH, Director % % *\ 2009 .„,..:: i v'svtment ^1 * $•<*. £' ,<£' DEPARTMENT OF F-iSH ANCTGAME South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-4201 http://www.dfg.ca.gov March 23, 2009 Pam Drew Planning Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Subject: Buena Vista Lift Station Force Main Mitigated Negative Declaration (CDP 09-03/SUP 09-01), City of Carlsbad (SCH # 2009021085) Dear Ms. Drew: The California Department of Fish and Game (Department) has reviewed the City of Carlsbad's (City) Draft Mitigated Negative Declaration (MND) for the Buena Vista Lift Station Force Main project, dated February 18, 2009. The comments provided herein are based on information provided in the MND, our knowledge of sensitive and declining vegetation communities and species in the County of San Diego, and our participation in regional conservation planning efforts. The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA; Sections 15386 and 15381, respectively) and is responsible for ensuring appropriate conservation of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA) and other sections of the Fish and Game Code. The Department is responsible for the administering the State's Lake and Streambed Alteration Agreement program (Section 1600). The Department also administers the Natural Community Conservation Planning (NCCP) Program. The City currently participates in the NCCP program through the implementation of its Habitat Management Plan (HMP). The City project proposes to rehabilitate and/or replace portions of the sewer force main pipeline at the western end of Buena Vista Creek adjacent to Buena Vista Lagoon. The project would install a new 4,200 linear feet parallel segment (dual 24 inch diameter pipelines) of sewer pipeline; install a new resin liner to approximately 2,400 linear feet of existing pipeline, and abandon in place approximately 600 feet of an existing sewer force main. The force main project extends from the Buena Vista Lift Station southerly to the Jefferson Street/Marron Road intersection, then westerly up Jefferson Street west of the Marron Road intersection to approximately 180 feet easterly of Interstate 5. The abandoned segment of pipeline will be cut, flushed, filled with sand and capped off on each end. Much of this abandoned pipeline lies along the shoreline of Buena Vista Lagoon within the Department's Buena Vista Lagoon Ecological Reserve. A small segment of new pipeline will cross Buena Vista Creek, but be suspended below the existing bridge without directly impacting wetland habitat. The vast majority of project impacts (5.54 acres) would occur within existing streets. No sensitive vegetation communities would be directly impacted by the project. The Conserving California's <WifdCife Since 1870 Pam Drew ^ ^~ March 23,2009 ( ( Page 2 of 3 following lands would be impacted: developed lands - 3.54 acres; disturbed lands - 0.33 acre; exotic vegetation - 0.15 ac; ornamental vegetation -1.52 acres. The project proposes to maintain at least 10 feet between any adjacent coastal sage scrub and freshwater marsh habitats and trench excavation and spoils piles. In addition, if construction work must occur in the vicinity of Buena Vista Creek or Lagoon during the avian breeding season (February 15 through August 31) additional surveys and avoidance measures will be incorporated into construction protocols. Sensitive species of particular concern regarding potential noise impacts are the California gnatcatcher (Polioptila californica californica), least Bell's vireo (Vireo belli! pusillus), Belding's savannah sparrow (Passerculus sandwichensis beldingi), and osprey (Pandion haliaetus). The Department offers the following comments and recommendations: 1. The Department's goals for Buena Vista Lagoon are focused primarily on protecting and enhancing the natural habitats, species, and natural ecosystem processes of the lagoon and any surrounding natural lands that connect to the lagoon. This is a challenge given the location of the lagoon, surrounded by urbanization. The proposed project would abandon a sewer pipeline that has failed in the past, which has resulted in significant contamination of the lagoon. The Department is supportive of the City's proposed project to relocate the sewer force main system out of the lagoon area and into the street system adjacent to sensitive habitats. The MND indicates that the abandoned 600 foot section of old pipeline will be "cut, flushed, filled with sand, and capped off on each end." However, the MND does not discuss what is involved with this abandonment process. The Department questions if the City would require access to the Buena Vista Lagoon Ecological Reserve to cut and cap the pipeline and if equipment would need to be placed in the lagoon or within the Ecological Reserve to accomplish the final sealing of the pipe. Additionally, we question if "flushing" the pipeline would force wastewater residue into the lagoon waters, and if sand would be deposited in the lagoon through the filling of the pipe. Please elaborate on this sealing and abandonment process, as there appears to be the potential to impact the lagoon and/or the Ecological Reserve, which the Department recommends avoiding. If access to the Department's Ecological Reserve is needed, the City should contact the reserve manager, Warren Wong, at (858) 467-4249. 2. The Department recommends timing the implementation of the project in the vicinity of sensitive habitats (coastal sage scrub and freshwater marsh) to avoid the avian breeding season (February 15 through August 31). The MND proposes to conduct preconstruction surveys for sensitive species in habitat areas adjacent to the project footprint if construction proceeds during the breeding season. The Department concurs with the protocols proposed in the MND, Mitigation Measure - BIO-1 (page 20), but prefers avoiding the areas completely during the breeding season. Please be aware that the federal and state-endangered light-footed clapper rail (Rallus longimstris levipes) has also been found at Buena Vista Lagoon, and should be surveyed for if any work is conducted in the vicinity of the iagoon during the breeding season. 3. The Carisbad HMP calls for mitigation for impacts to various disturbed lands within the City. The project proposes to impact 0.33 acre of disturbed lands, and 0.15 acre of exotic habitats. !n the HMP it states in Table 11, footnote 5 (page D-113) that the City will mitigate impacts to Habitat Type F (Disturbed Sands, eucalyptus, agriculturai lands) through the Lake Calavera Mitigation Bank. Please clarify why the MND does not Pam Drew _ A March 23,2009 f r Page 3 of 3 include mitigation for impacts to disturbed and exotic (eucalyptus?) lands as outlined in the HMP. 4. Please be aware that swallows nest on the underside of the Buena Vista Creek bridge. The placement of the new sewer pipeline under this bridge should be done outside of the avian breeding season to avoid impacting these nesting birds. 5. Staging, maintenance activity, or fueling of motorized equipment should all be done at least 100 feet from the creek or lagoon wetland habitats to avoid potential pollution contamination from accidental fuel/oil spills. The MND does propose to incorporate temporary erosion and sediment control protections for those areas creating/storing exposed soils. The Department concurs with these measures. We appreciate the opportunity to comment on the draff MND for this project and to assist the City in further minimizing and mitigating project impacts to biological resources. If you have questions or comments regarding this letter, please contact David Lawhead of the Department at (858) 627-3997. Edmund J. Pert Regional Manager South Coast Region cc: State Clearinghouse, Sacramento David Zoutendyk, USFWS, Carlsbad Field Office Warren Wong, CDFG, San Diego David Lawhead, CDFG< San Diego Linda S. Adams Secretary for Environmental Protection Department of Toxic Substances Control Maziar Movassaghi, Acting Director 5796 Corporate Avenue Cypress, California 90630 March 23, 2009 Arnold Schwarzenegger Governor Ms. Pam Drew City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR BUEN VISTA LIFT STATION (BVLS) SEWER FORCE MAIN (SCH# 2009021085) Dear Ms. Drew: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above-mentioned project. As stated in your document: "The City of Carlsbadplans to install a new parallel segment of underground sewer force main for a total distance of approximately 4,200 linear feet; install a new resin liner to approximately 2,400 linear feet of existing pipeline; and abandon approximately 600 linear feet of an existing sewer force main. The force main project extends from the BVLS southerly to the Jefferson Street/Marron Road intersection, then westerly up Jefferson Street west of the Marrpn Road intersection to approximately 180 feet easterly of I-5". Based on the review of the submitted document DTSC has the following comments: 1) The ND should identify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. 2) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). Ms. Pam Drew March 23, 2009 Page 2 • EnviroStor, a database primarily used by the California Department of Toxic Substances Control, at www. Envirostor.dtsc.ca.gov. • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local-Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS), 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. 4) The project construction may require soil excavation and soil filling in certain areas; Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another Ms. Pam Drew March 23, 2009 PageS location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. 8) If it is determined that hazardous wastes'are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information* about the requirement for authorization can be obtained by contacting your local CUPA. 9) DISC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VGA) for private parties. For additional information on the EOA or VGA, please see www.dtsc.ca.gov/SiteCleanup/Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DISC'S Voluntary Cleanup Coordinator, at (714) 484-5489. " Ms. Pam Drew March 23, 2009 Page 4 10) For future CEQA documents, please provide the email address of the person to whom comments should be sent. If you have any questions regarding this letter, please contact me at (714) 484-5472 or at "ashamj@DTSC.ca.gov". Sincen AJ, 'roject Manager Brownfields and Environmental Restoration Program - Cypress Office cc; Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 . Sacramento, California 95812-0806 CEQA #2478 Department of Toxic Substances Control Linda S. Adams Secretary for Environmental Protection Maziar Movassaghi Acting Director 5796 Corporate Avenue Cypress, California 90630 Arnold Schwarzenegger Governor July 23, 2009 Ms. Pam Drew, Associate Planner City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) PROJECT (SCH# 2009021085), SAN DIEGO COUNTY •*- " Dear Ms. Drew: The Department of Toxic Substances Control (DTSC) has received your submitted draft Initial Study (IS) and Mitigation Negative Declaration (MND) for the above-mentioned project. The following project description is stated in your document: "The project is located from the Buena Vista Lift Station (BVLS) to the Jefferson Street right-of-way and the Jefferson Street north and west intersection with Marron Road in Carlsbad, California 92008, within the County of San Diego. The project involves the abandonment of 600 linear feet of an existing sewer line, rehabilitation of 2,400 linear feet of existing sewer line, and the installation of 4,800 linear feet of dual 24-inch diameter sewer force main lines to be located on existing improved and urbanized area; including BVLS pad, within Jefferson Street within the landscape buffer on the east side of Jefferson Street, and within Jefferson Street west of the Marron Road intersection. The project will be located underground, with the exception of an approximate 125-foot length which will be hung under the existing Jefferson Street bridge of Buena Vista Creek. The project site is presently occupied by public streets and the BVLS graded pad." DTSC has the following comments: 1) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. Please see comment No. 9 below for more information. For al! identified sites, the EIR should evaluate whether conditions at the site may pose a threat to human health or the environment. Ms. Pam Drew July 27, 2009 Page 2 Following are the databases of some of the pertinent regulatory agencies: National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). Envirostor: A Database primarily used by the California Department of Toxic Substances Control, accessible through DTSC's website (see below). Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • " Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) All environmental investigations, sampling and/or remediation for the site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. Ms. Pam Drew July 27, 2009 Pages 3) If buildings or other structures, asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead-based paints or products, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 4) Project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 5) Human health and the environment of sensitive jeceptors should be protected during the construction or demolition activities. If it is found necessary, a study of the site and a health risk assessment overseen and approved by the appropriate government agency and a qualified health risk assessor should be conducted to determine if there are", have been, or will be,"any releases of hazardous materials that may pose a risk to human health or the environment. 6) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 7) If during construction/demolition of the project, the soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. Ms. Pam Drew July 27, 2009 Page 4 8) If the site was used for agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 9) DISC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies which would not be considered responsible parties under CERCLA, or a Voluntary Cleanup Agreement (VGA) for private parties. For additional information on the EOA or VGA, please see www.dtsc.ca.gov/SiteCleanup/Brownfields, or contact Maryam Tasnif-Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489. 10) Also, in future CEQA documents, please provide your e-mail address, so DISC can send you comments both electronically and by mail. If you have any questions regarding this letter, please contact Mr. Rafiq Ahmed, Project Manager, at rahmed@dtsc.ca.gov, or by phone at (714) 484-5491 . Sincerely, Greg Holmes Unit Chief Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 state. clearinghouse(a)opr.ca.gov CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis 1001 I Street, 22nd Floor, M.S. 22-2 Sacramento, California 95814 nritter@dtsc.ca.gov CEQA #2651 of Carlsbad Planning Department June 8, 2009 Edmund J. Pert Regional Manager California Department of Fish and Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 RE: DRAFT MITIGATED NEGATIVE DECLARATION FOR BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) -CDP 09-03/SUP 09-01 Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Buena Vista Lift Station Sewer Force Main (VC-4) project (SCH No 2009021085). The following are your abbreviated questions and the City's responses to your letter dated March 23, 2009: 1) Elaborate on the sealing and abandonment process for the existing sewer pipe within the Buena Vista lagoon. A 600-foot long section of the existing force main will be abandoned within the Buena Vista lagoon. Based on comments received from the MND we witt not be filling the pipe with sand. The pipe will be cut, flushed and capped at each end. No access within the Ecological Reserve will be required as the pipe ends that will be cut and capped will occur within Jefferson Street right-of-way. The contractor will be required to provide containment protection to prevent any residue from entering into the lagoon. 2) The Department recommends timing the implementation of the project in the vicinity of sensitive habitats to avoid avian breeding season. The state-endangered light-footed clapper rail should be surveyed for if any work is conducted in the vicinity of the lagoon during the breeding season. There is an urgency to replace the older sewer line as it has the potential to fail again if not replaced. As required in mitigation measure Biology-1, a biological monitor will complete a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. A buffer zone will be established around any identified nests in coordination with the monitoring biologist. Therefore, no significant disruption of breeding birds will occur from the project construction. 3) Please clarify why the MND does not include mitigation for impacts to disturbed and exotic (eucalyptus?) lands as outlined in the HMP. Table 1: Vegetative Communities Impacted by the Project (Page 6 of the Biological Resources Assessment dated December 5, 2008) incorrectly labeled the acreage of impacts to vegetative communities. The acreage column shown in Table 1 should be labeled Total Community Acreage within Study Area. The table has been revised and an additional column added to show the actual project impacts to the vegetation communities. Total project impacts to Exotic vegetation is 0.01 acre and does not include any eucalyptus trees. There is not a requirement in the City's HMP to mitigate for the CDP 09-03/SUP 09-01-BUL..A VISTA LIFT STATION SEWER FOK^E MAIN (VC-4) June 8, 2009 Page 2 loss of Exotic (ornamental) vegetation. The total impact to Disturbed Lands is 0.01 acre with a mitigation ratio of 0.1:1 (0.01 x 0.1 = 0.001). The mitigation ratio is considered too insignificant to mitigate for, therefore, no mitigation for Disturbed Lands is proposed. Please refer to the revised Biological Resources Assessment report attached for your review. 4) Please be aware that swallows nest on the underside of the Buena Vista Creek Bridge. The placement of the new sewer pipeline under this bridge should be done outside of the avian breeding season to avoid impacting these nesting birds. The biological monitor will complete a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. The biological monitor will look for swallow nests underneath the Buena Vista Creek bridge if the project occurs during the breeding/nesting season. 5) Staging, maintenance, and fueling of motorized equipment should all be done at least 100- feet from the creek or lagoon wetland habitats to avoid potential pollution contamination from accidental fuel/oil spills. Two mitigation measures have been added to the MND to address erosion and pollutant control. See attached revised Mitigation Monitoring and Reporting Program. Thank you again for your comments. Sincerely, , . PAM DREW Associate Planner Dave Ahles, Senior Civil Engineer Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, CA 92008 Attachments ;P I a n ning Department June 8, 2009 Al Sham Project Manager Department of Toxic Substances Control Brownfields and Environmental Restoration Program 5796 Corporate Avenue Cypress, California 90630 RE: DRAFT MITIGATED NEGATIVE DECLARATION FOR BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) -CDP 09-03/SUP 09-01 Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Buena Vista Lift Station Sewer Force Main (VC-4) project (SCH No 20p9021085). The following are your abbreviated questions and the City's responses to your letter dated March 23, 2009: 1) Conduct a hazardous waste search for historic uses in the vicinity of the project. Planning Systems conducted a thorough review of local, state, and federal databases that track use and release of hazardous materials into the environment, and reviewed historical aerial photographs dating back to 1939 to trace development on and adjacent to the subject site. The research did not identify any sites on or adjacent to the proposed work area. Please see the attached Historical Use and Potential for Hazardous Materials Release Buena Vista Lift Station Sewer Force Main prepared by Planning Systems, dated May 6, 2009, for more information. 2) Review available hazardous waste databases. The Planning Systems report, referenced above, includes information gathered from several databases. Please review the report for the government databases that were reviewed. 3) If hazardous materials or wastes have historically occurred at this site, then remedial actions must be taken. As stated above, no hazardous waste contamination exists at the site. 4) Appropriate soil sampling is required prior to disposal of excavated soil. If the soil is contaminated, proper disposal must occur. The project specifications Section 2200-1.03 (attached) require the contractor to provide a sample of the fill material to be used submitted 2 weeks in advance of use for testing. Geotechnical investigation of the proposed site did not indicate any soil contamination. The project specifications Section 2223-1.04 require the services of a geotechnical engineering firm to monitor all earthwork. If contaminated soil is encountered excavated material shall be disposed of offsite in accordance with applicable ordinances and environmental requirements. 5) Human health should be protected from hazardous materials. Please see attached Historical Use and Potential for Hazardous Material Release report by Planning Systems dated 5/6/09. There are abandoned Asbestos Cement Pipe in the project area that will require removal. Specification Section 2080 is attached which requires the contractor to protect human health and the environment. CDP 09-03/SUP 09-01-BUE. w\ VISTA LIFT STATION SEWER FOFV^ MAIN (VC-4) June 8, 2009 Page 2 6) If construction contamination of groundwater occurs, proper safety and health procedures should be implemented. The project specifications Section 2140-3.01 require laboratory testing of the subsurface conditions. If contamination levels are above acceptable levels, a treatment system shall be provided. A geotechnical engineering firm will monitor all earthwork. 7) If weed abatement occurs, investigation and mitigation should take place. No weed abatement is proposed with this project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law and Regulations. Specification Section 2080 (attached) requires the contractor to protect human health and the environment during the asbestos cement pipe removal. The contractor will prepare an Initial Exposure Assessment test plan, which complies with the criteria in Paragraph (f)(2)(iii) of OSHA's Construction Industry Standard for Occupational Exposure to Asbestos. The contractor shall dispose of asbestos contaminated material in a manner consistent with federal, state, and local regulations (CFR Title 40 Part 264). 9) Department of Toxic Substances Control (DTSC)_ can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA). Comment acknowledged. 10) Please provide the e-mail address of the person to whom comments should be sent. E-mail all comments to me at Pam.Drew@caflsbadca.gov . Thank you again for y©ur comments. Sincerely, RAM DREW Associate Planner C: Dave Ahles, Senior Civil Engineer Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, CA 92008 c F|LEJfY C m m f ^^^fe. I •I T \ i f\. T • ^1 f* E €?> r*^ <*^iiy OT oarispa«*- inn • iiiiiiiiiiiiiiiiiii nilniaia iiiiiiiiiMiiiiaiii»MiiMiiiiiD« p a rt hi e iit June 9, 2009 James Hockenberry Environmental Scientist Division of Financial Assistance P.O. Box944212 Sacramento, CA 94244-2120 RE: DRAFT MITIGATED NEGATIVE DECLARATION FOR BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) -CDP 09-03/SUP 09-01 Thank you for submitting comments on the Draft Mitigated Negative Declaration (MND) for the Buena Vista Lift Station Sewer Force Main (VC-4) project (SCH No 2009021085). The following are your abbreviated questions and the City's responses to your letter dated March 16, 2009: Federal requirements pertinent to the Project under the CWSRF Program'*"* A) Clean Air Act: Planning Systems has performed an air quality conformity assessment for the project. The results of the analysis are presented in the Air Quality Conformity Assessment report dated May 4, 2009 (attached as Exhibit C). B) Migratory Bird Treaty Act: In order to avoid impacts to migratory birds, and to ensure consistency with the Migratory Bird Treaty Act, a mitigation measure has been included which limits construction noise that could affect the breeding of migratory birds and other bird species associated with the adjacent CSS and FWM habitats during the breeding season. C) Wild and Scenic Rivers Act: The Buena Vista Creek is not identified as a designated Wild and Scenic River per the California Wild and Scenic Rivers System CalTrans Chapter 19; Section 5093.50 et. seq. D) Protection of Wetlands: The project is almost entirely within the public right-of-way; therefore, no wetlands will be impacted by the'project. E) Flood Plain Management: Most of the alignment of the proposed project is within the 100- year flood zone area (see attached Exhibit E). However, no new above grade structures are proposed. The project will be underground, except for the pipe that will be hung under the bridge. F) Farmland Protection Policy Act: According to the State of California - Department of Conservation the project will not result in any impacts to important farmland. See attached Exhibit D for the location of Important Farmland in the vicinity of the Buena Vista Lift Station Force Main project. CDP 09-03/SUP 09-01-BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) June 9, 2009 Page 2 G) Coastal Zone: The project is located within the California Coastal Zone. It is within the Mello II segment of the Carlsbad Local Coastal Program. The City of Carlsbad is the coastal development permit authority; however, since the project is within 100-feet of jurisdictional wetlands, the project is within the Coastal Commission appeal area. Specific comments on the IS/MND: 1) Please include the preliminary biological assessment for the project. Attached is the Preliminary Biological Assessment dated December 8, 2008 and labeled Exhibit A. 2) Include mitigation measures to also avoid indirect impacts to special status species when construction occurs outside of the nesting/breeding season. Noise during the non-breeding season can impact the auditory signals that birds rely on for warning of danger by making those signals inaudible. But in locations where there is high ambient background noise (such as the Hwy. 78 traffic in the Buena Vista Sewer circumstance), the noise impact relating to danger warning is less of a consequence. In areas with generally high ambient noise levels, avian alertness to approaching danger is more reliant on sight, smell and reaction of other wildlife, than on auditory signals. And adult birds have the opportunity to fly away to escape imminent danger, an option which is not available Jo nesting chicks. As a result of these factors, the scientific studies conclude that high levels of noise are of greatest impact to nesting and breeding birds, and as a general rule do not have a significant effect on birds during the non-nesting/breeding seasons of the year. Further, the Buena Vista Sewer project will not involve blasting or pile-driving or other construction operations which result in extremely high levels of noise. Therefore, the mitigation measure, which restricts construction noise levels during the nesting and breeding season only, is recommended. 3) Please describe the City's consultation process with the California Department of Fish and Game for state listed species, and USFWS for federally-listed species. Consultation with USFWS & DF&G was provided through the mandatory CEQA public agency review period. During this period the USFWS was provided a copy of the draft CEQA document, and thus it is concluded that the analysis and conclusions were considered acceptable to them. The City has received a letter from the DF&G during the public agency review period (attached). The City has written a response to their comments (attached). In response to their comments we have included additional mitigation measures for erosion and contamination control. We believe our additional mitigation measures satisfy their concerns. 4) Include temporary erosion control protections as mitigation measures. Erosion and contamination measures have been added to the Mitigation Monitoring and Reporting Program (MMRP). See the attached MMRP. 5) Obtain a current records search using the appropriate California Historical Resources File System Information Center, including the Native American Heritage Commission (NAHC). A cultural resource survey search, literature review, and field survey was conducted within the project area and a one-mile radius. This information was obtained from the South Coastal information Center. The National Register of Historic Places (NRHP) and California Historical Landmarks (CHL) list were also reviewed, in addition, the Native American Heritage Commission (NAHC) was contacted to request information and input regarding Native American concerns around the Buena Vista lagoon. A list of seven individuals representing local tribes was provided by the NAHC. A letter was sent to each of these CDP 09-03/SUP 09-01-BL_JA VISTA LIFT STATION SEWER FG,,JE MAIN (VC-4) June 9, 2009 Page 2 contacts requesting information and input, and a follow-up telephone call was made to each individual member. Native American correspondence and a log of the telephone calls made are provided in appendix C of the attached Cultural Resource Survey for the Buena Vista Lift Station Sewer Force Main Project, prepared by Noah Archaeological Consulting, dated May 2009. 6) Disturbance of the Project site by human activities such as grading and development does not eliminate the potential for buried cultural resources to exist. As stated above, the City has completed a Cultural Resource Survey and a mitigation measure has been added to the MMRP to include a Native American and archeologist monitor to be on site during all trenching excavation activities. : 7) If the City decides to pursue Proposition 84 funds, the lead agency shall notify the California Native tribe, which is on the contact list maintained by the NAHC,ifthat tribe has traditional lands located within the area of the proposed Project. Local Native American tribes have been notified during the cultural resource survey. See the attached Cultural Resource Survey dated May 2009 and the attached draft CEQA-Plus documentation. Thank you again for your comments. Sincerely, PAM DREW Associate Planner " • PD:lt C: Paul Kiukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, CA 92008 Dave Ahles, Senior Civil Engineer Attachments FILE COPY August 4, 2009 Al Sham Project Manager Department of Toxic Substances Control Brownfields and Environmental Restoration Program 5796 Corporate Avenue Cypress, CA 90630 RE: RE-CIRCULATED DRAFT MITIGATED NEGATIVE DECLARATION - CEQA PLUS BUENA VISTA LIFT STATION SEWER FORCE MAIN (VC-4) - CDP 09-037 SUP 09-01 Thank you for submitting comments on the Re-circulated Draft Mitigated Negative Declaration (MND) CEQA-Plus level information for the Buena Vista Lift Station Sewer Force Main (VC-4) project (SCH No 2009021085). The following are your paraphrased questions and the City's responses to your letter dated March 23, 2009: *-**" 1) Identify the mechanism to initiate remediation of any contaminated site. Planning Systems has conducted a thorough review of local, state, and federal databases that track use and release of hazardous materials into the environment, and reviewed historical aerial photographs dating back to 1939 to trace development on and adjacent to the subject site. The research did not identify any sites on or adjacent to the proposed work area. The MND (p. 31) indicates that the subject site is not included on a list of hazardous materials sites compiled pursuant to Govt. Code Sect. 56962.5. Further, a Historical Use and Potential for Hazardous Materials Release Buena Vista Lift Station Sewer Force Main prepared by Planning Systems, dated May 6, 2009, has been conducted for the subject property and area. This thorough analysis concludes that no current or historic uses at the area have released hazardous wastes or substances. Nonetheless, the project specifications Section 2223-1.04 require the services of a geotechnical engineering firm to monitor all earthwork. If contaminated soil is encountered, excavated material shall be disposed of offsite in accordance with applicable ordinances and environmental requirements. In the unlikely event that contaminated soils are encountered during construction, the City of Carlsbad will notify the appropriate agencies, including, if necessary, the Department of Toxic Substances Control, to review a contamination disposal procedure, oversee the completion of the excavation work and separation and stockpiling of contaminated soil, and disposal of the soil at an appropriate, licensed site. Based on all the information gathered regarding the subject property, it is highly unlikely that any conditions at the site will pose a threat to human health or the environment. 2) Al! environmental investigations, sampling and remediation should be conducted under a Workplan overseen by a regulatory agency that has jurisdiction to oversee hazardous CDP 09-03/SUP 09-01-Bl .xIA VISTA LIFT STATION SEWER Ft 3E MAIN (VC-4) August 4, 2009 Page 2 substance cleanup. The Planning Systems analysis of information gathered from several hazardous site databases concludes that the project will not encounter any remnants of any known hazardous sites or facilities. In the unlikely event that any contaminated soils are encountered during construction, work will be halted in that area, and a contingency plan demonstrating the procedures to be used to remediate the contaminated soils will be prepared. This plan will be reviewed by the appropriate agencies, including, if necessary, the Department of Toxic substances Control. 3) If structures or asphalt surface areas are to be demolished, then they should be investigated for presence of hazardous chemicals. As indicated in the project description, roadway asphalt will be removed for the trenching and installation of the sewer lines. This asphalt will be disposed of at a land disposal location which is authorized to accept such materials, in compliance with California environmental regulations and policies. 4) Appropriate soil sampling is required prior to disposal of excavated soil. If the soil is contaminated, proper disposal must occur. As mentioned, the extensive analysis of the hazardous substances databases by Planning Systems has concluded that the potential to encounter contaminated soil is remote. Nonetheless, in the event that contaminated soil is encountered, excavated material will be disposed of offsite in accordance with applicable ordinances and environmental requirements. Further, with regard to fill soil, the project specifications Section 2200-1.03 require the contractor to provide a sample of the fill material to be used submitted two weeks in advance of use for testing... Therefore, fill soil used for the project will be free of contamination. 5) Human health should be protected from hazardous materials. The Re-circulated MND information included an extensive Historical Use and Potential for Hazardous Material Release report by Planning Systems dated May 6, 2009. This report concludes that no hazardous materials are known to existing within the project area. It is known however, that the project includes removal of an abandoned asbestos cement pipe in one portion of the project. Specification Section 2080 for the project requires the contractor to properly remove and dispose of this material, and to protect human health and the environment. Thus, human health will be protected from hazardous materials. 6) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law and Regulations. Specification Section 2080 requires the contractor to protect human health and the environment during the asbestos cement pipe removal. The contractor will prepare an Initial Exposure Assessment test plan, which complies with the criteria in Paragraph (f)(2)(iii) of OSHA's Construction industry Standard for Occupational Exposure to Asbestos. The contractor shall dispose of asbestos contaminated material in a manner consistent with federal, state, and local regulations (CFR Title 40 Part 264). 7) If construction contamination of groundwater occurs, proper safety and health procedures should be implemented. The project specifications Section 2140-3.01 require laboratory testing of the subsurface conditions, if contamination levels are above acceptable levels, a treatment system shall be provided. A geotechnical engineering firm will monitor all earthwork operations for evidence of contamination. r-> CDP 09-03 / SUP 09-01 -BL .xIA VISTA LIFT STATION SEWER F(L. ..^E MAIN (VC-4) August 4, 2009 Page 2 8) If the site was used for agriculture, livestock or related activities, investigation and remedial action might be necessary. There is no record that the site for the proposed project was ever used for agriculture, livestock or related activities. 9) Department of Toxic Substances Control (DTSC).can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA). Comment acknowledged. 10) Please provide the e-mail address of the person to whom comments should be sent. As mentioned in our earlier response to comment (dated June 8, 2009) please e-mail all comments related to this project to me at Pam.Drew@carlsbadca.gov. Thank you again for your comments. Sincerely, RAM DREW Associate Planner C: Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, CA 92008 Dave Ahles, Senior Civil Engineer