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HomeMy WebLinkAbout2012-11-06; City Council; 21043; APPROVAL OF CERTIFICATION OF EIR 12-01 WATER, SEWER AND RECYCLED WATER 2012 MASTER PLAN UPDATES AND CHANGES TO SEWER CAPACITY FEECITY OF CARLSBAD & CARLSBAD MUNICIPAL WATER DISTRICT - AGEND; AB# 21,043 APPROVAL OF CERTIFICATION OF EIR 12-01, WATER, SEWER, AND RECYCLED WATER 2012 MASTER PLAN UPDATES, AND CHANGES TO SEWER CAPACITY FEE PROJECT NOS. 5016, 5511, AND 5022 DEPT. DIRECTOR MTG. 11/13/2012 APPROVAL OF CERTIFICATION OF EIR 12-01, WATER, SEWER, AND RECYCLED WATER 2012 MASTER PLAN UPDATES, AND CHANGES TO SEWER CAPACITY FEE PROJECT NOS. 5016, 5511, AND 5022 CITY ATTORNEY f ^ ^. DEPT. UTIL APPROVAL OF CERTIFICATION OF EIR 12-01, WATER, SEWER, AND RECYCLED WATER 2012 MASTER PLAN UPDATES, AND CHANGES TO SEWER CAPACITY FEE PROJECT NOS. 5016, 5511, AND 5022 CITY MANAGER 5^ RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 2012-245 . CERTIFYING a Program Environmental Impact Report (EIR 12-01) for the City of Carlsbad Sewer Master Plan Update, and the Carlsbad Municipal Water District (CMWD) Water and Recycled Water Master Plan Updates and ADOPTING the Candidate Findings of Fact and the Mitigation. Monitoring, and Reporting Program; and That the City Council ADOPT City Council Resolution No. 2012-246 . APPROVING the 2012 Sewer Master Plan Update and a Change to the Sewer Capacity Fee, Project No. 5511; and That the Carlsbad Municipal Water District (CMWD) Board of Directors, in a joint meeting, ADOPT CMWD Resolution No. 1450 APPROVING the 2012 Water Master Plan, Project No. 5016, and 2012 Recycled Water Master Plan, Project No. 5022. ITEM EXPLANATION: By Resolution No. 2008-328 the City Council approved an agreement with Dudek to update the City's Sewer Master Plan, Project No. 5511. Subsequently, by Resolution No. 1362 the CMWD Board approved an agreement with Post, Buckley, Shuh & Jernigan, Inc., now called Atkins, to update the Water Master Plan, Project No. 5016, and by Resolution No. 1363 approved an agreement with Carollo Engineers to prepare an update to,the Recycled Water Master Plan, Project No. 5022. Finally, by Resolution No. 1429 the CMWD Board approved an agreement with Atkins to prepare a Program Environmental Impact Report (EIR) for all three master plans. The 2012 sewer, water, and recycled water master plans have been completed and represent comprehensive programs for the phased and orderly development of sewer, water, and recycled water facilities to accommodate capacity and other improvement needs of the City. Copies of the 2012 Sewer, Water, and Recycled Water Master Plans are available in the City Clerks' office at 1200 Carlsbad Village Drive, in the Faraday Center, Engineering Counter, at 1635 Faraday Avenue, and on the internet at: www.Carlsbadca.aov. All three 2012 Master Plan Updates were developed based on the following objectives: Identify facility improvements for aging infrastructure. Identify facility needs to accommodate future growth, Identify funding to facilitate infrastructure expansion, improvement, and replacement needs, Identify projects and programs to reduce maintenance costs, and Review staffing requirements to maintain and operate the infrastructure. FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The three master plans verified associated unit generation factors and used Carlsbad's standard design criteria, the City's Growth Management Database, and Geographic Information System (GIS) Database to analyze the facilities in the three systems. For sewer pipeline analysis the City's InforSWMM computer program, which allows direct importation of sewer GIS, was used to model all pipeline capacities and flow velocities and calibrated based on field measurements at specific locations. The water and recycled water system analysis was updated through the H2ONET extended period hydraulic model program which allowed direct importation of water GIS, and was then calibrated using actual dynamic field measurements. The H2ONET program evaluated pressure, flow rates, and water quality (i.e. predict chlorine residuals in the distribution system, and evaluate impacts of blending multiple sources of water). The master plan updates include an assessment of existing facilities, projected demands and flows through build-out, a recommended capital improvement program, a staffing analysis, and updates the Sewer Capacity fee. Following is a summary of the findings and recommendations. Sewer Master Plan - The City of Carlsbad provides wastewater collection services to 30.5 square miles, approximately 78 percent of the City limits, through six interceptor sewer pipelines, approximately 283 miles of collector sewer pipelines, and 16 lift stations. All wastewater flows are conveyed to the Encina Water Pollution Control Facility (EWPCF), located in Carlsbad, for treatment and then disposal through an ocean outfall or delivery to the adjacent Carlsbad Water Recycling Facility (CWRF) for reuse. Carlsbad's existing average dry weather flows total approximately 7.9 million gallons per day (mgd). Using growth management data, as of March 2009, an additional 4,333 residences, 3,717,662 square feet of commercial development, and 6,102,099 square feet of industrial development are anticipated to be constructed in the sewer service area at build-out compared to existing conditions. Future wastewater flows are projected to increase by approximately 2.1 mgd (or 27 percent) at build-out for a total ultimate average dry weather wastewater flow of 10.0 mgd. Carlsbad's treatment capacity allocation at the EWPCF is 10.23 mgd, and is therefore sufficient to accommodate this growth. The proposed sewer system CIP projects include rehabilitation of existing facilities, upgrading existing facilities to accommodate higher capacities, providing new sewer collection infrastructure, increasing interceptor capacity, and capacity improvements to the EWPCF. To save ongoing power and maintenance costs, three lift stations will be removed (Gateshead, Simsbury, and Vancouver) by conveying the wastewater through new gravity sewer pipelines to existing downstream pipelines. The total number of CIP projects identified include 25 sewer rehabilitation projects, five collector sewer capacity projects, 12 collector sewer pipeline improvement projects, six interceptor capacity projects, two EWPCF capacity projects, three sewer lift station abandonment projects, and three lift station improvement projects. Total estimated capital improvement program (CIP) cost is estimated at $128,966,000 including $54,199,000 for Carlsbad's share of the EWPCF Phase IV and V expansion projects. Included in Appendix F of the Sewer Master Plan is a study conducted by Tilson and Associates to provide an objective evaluation of Carlsbad's sewer system operation and management by assessing the current effectiveness of collector sewer system maintenance practices. The planning process for the 2012 sewer master resulted in the following benefits: • Improved the accuracy of the data in the GIS sewer inventory through additional field investigation and records research. • For the first time, a hydraulic model of the entire sewer system was created for the 283 miles of pipeline within the City. Capacity issues were identified and CIP projects created to correct the deficiencies. • Inflow and infiltration studies were performed and several areas of concern were identified that will be corrected through a new CIP project. Page 3 • The basis for a regional solution to future capacity concerns in the Buena and Vallecitos Interceptors was developed in cooperation with the City of Vista and Vallecitos Water District. • Capacity (connection) fees were evaluated for the remaining list of capacity related projects and the fee is recommended to be reduced. Water Master Plan - The 2012 Water Master Plan was prepared for CMWD, which was formed as a vehicle to bring imported water to the Carlsbad area. The first meeting was held on March 22, 1954 and CMWD became a member of the San Diego County Water Authority (SDCWA) that same year. CMWD receives all its imported water supply through four connections to the SDCWA's aqueduct providing water service to 32.3 square miles, approximately 85 percent of the City of Carlsbad. Water is delivered to customers through a distribution system comprising 440 miles of pipelines, 57 pressure regulating stations, five pumping stations, ten storage tanks, and one earthen dam reservoir with a floating polypropylene cover (Maerkle Reservoir). These facilities are separated into seventeen pressure zones to meet adopted standards for minimum and maximum pressures, and State fire flow requirements. Based on the growth management database, it is estimated that, as of February 2010, CMWD will have an additional 4,268 residential units and approximately 8.8 million square feet of non-residential building space at build-out. The total build-out projections include 40,068 residential units and nearly 25 million square feet of non-residential building space. Build-out is estimated to occur in 2035, and population is anticipated to continue to increase through 2050 as forecasted by the San Diego Association of Governments. Potable water demand is anticipated to increase eight percent from a high of 19.1 mgd in 2007 to 20.8 mgd in 2035. Between 2035 and 2050 water demand is projected to increase three percent to 21.4 mgd. The proposed CIP projects for the water system include 28 water transmission pipeline projects, seven water storage projects, 5 water pump station projects, two groundwater supply projects, and 8 miscellaneous projects such as hydroelectric power generation, corrosion control, valve replacement, and agency intertie projects. Compared to previous master plans, the 2012 master plan update identified a significant reduction in water demand from the implementation of CMWD's recycled water system resulting in the elimination of an additional 23.5 million gallons (MG) of storage and other capacity related CIP improvements at build-out with an associated cost saving to the water CIP of $25 million. The master plan also included a study using a facility-based benchmark methodology to measure operations and maintenance staffing. The planning process for the 2012 water master plan resulted in the following benefits: • A verification of ultimate projected water demands resulting in the elimination or capacity reduction of specific projects and a corresponding significant cost savings to the CIP. • An understanding of impacts resulting from alternative water supplies available from local groundwater, desalinated seawater, and increased use of recycled water. • An evaluation of operational and maintenance impacts for existing and future staffing. • Connection fees were evaluated for the list of capacity related projects and no changes are proposed because although future storage projects were eliminated a percent share cost of future groundwater and recycled water projects were added to supply water for future land development. • An evaluation and determination of four potential hydroelectric power generation sites was completed, and two sites were determined to be viable. • Water quality impacts from all available water supply sources were determined. • The hydraulic water model was calibrated to simulate actual dynamic field measurements. This model is now available to analyze and predict impacts from future planned development projects, and also system operational changes. Page 4 Recycled Water Master Plan - CMWD started its recycled water program in 1990 with the preparation of its first Recycled Water Master Plan. The program included five phases with Phase I completed in 1995 and Phase II completed in 2008. In 2010, recycled water was delivered to over 370 irrigation use sites including golf courses, parks, median strips, and common area landscaping in residential, commercial and industrial developments. A more recent type of use now include supplying recycled water to cooling towers in the industrial parks. CMWD receives recycled water from the Carlsbad Water Recycling Facility, owned by CMWD, but operated by the Encina Wastewater Authority under a memorandum of understanding; the Meadowlark Water Reclamation Facility, owned and operated by Vallecitos Water District; and the Gafner Water Reclamation Plant, owned and operated by the Leucadia Wastewater District. In 2010, approximately 3.1 mgd (3,517 afy) of recycled water was delivered, representing 16 percent of the total water use in CMWD's service area. Recycled water deliveries are projected to be 6.4 mgd (7.144 afy) by 2020, and ultimately up to 8.1 mgd (9,106 afy). In addition, irrigation demands from agencies adjacent to CMWD were evaluated. The primary benefit of CMWD supplying recycled water to these agencies is to lower the unit cost of producing and delivering the recycled water to its customers because of economy of scale. The proposed recycled water CIP includes projects for the extension of recycled water pipelines, improvements to existing storage facilities, and increasing the capacity of the Carlsbad Water Recycling Facility. Pipelines were grouped into eighteen expansion segments which are phased in over time based on cost effectiveness. In addition, improvements were included to add service lines and meters. The storage improvements include adding a chlorination and mixing system to the "C" tank, adding another tank at the Twin "D" tank site by relocating an existing steel tank from the potable water system that has been taken out of service or constructing a new tank, and rehabilitating the existing Santa Fe I tank. The Carlsbad Water Recycling Facility improvements include adding additional filtration units, chlorine contact basins, and pumping capacity. The planning process for the 2012 Recycled Water master plan resulted in the following benefits: • A detailed analysis of each potential customer use site to determine the cost benefit ratio for inclusion in the recycled water system. • A detailed verification of projected water demands resulting in the reduction in the ultimate demand predicted in previous master plans. • An understanding of cost impacts resulting from each alternative treatment source, and recommendation on inclusion of the treatment sources that directly benefit the recycled water system. • An understanding of facility requirements, project cost, and funding alternatives in an optimized regional system in partnership with 10 other agencies in north San Diego County. • An evaluation of operational and maintenance impacts for existing and future staffing. • The recycled water connection fee was reviewed and no change is proposed. ENVIRONMENTAL IMPACT: A Program Environmental Impact Report (PEIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title19) of the Carlsbad Municipal Code. The PEIR includes a program level assessment of the potential impacts of the capital improvement projects that are proposed under the City of Carlsbad 2012 Sewer Master Plan and the CMWD 2012 Water Master Plan and 2012 Recycled Water Master Plan. On July 19, 2012, the Draft PEIR was submitted to the State Clearinghouse and a Notice of Completion was filed, published and mailed to responsible agencies and interested parties commencing a 45-day comment period which subsequently was extended, by request, to September 13, 2012. All comment letters and responses to comments are included in the Final PEIR. Page 5 Program EIR 12-01 concludes that there is the potential for significant impacts in the areas of Biological Resources, Cultural Resources, and Paleontological Resources. Mitigation Measures have been prepared which would reduce these impacts to a less-than-signifleant level. The Program EIR also determines that there are no significant and unmitigated impacts as a result of the project and therefore, a statement of overriding considerations is not required. Candidate Findings of Fact (Exhibit "EIR-A") and a Mitigation Monitoring and Reporting Program (Exhibit "EIR-B") have been prepared and are attached to the draft City Council Resolution, labeled Exhibit 1 of this Agenda Bill. The proposed Sewer Capacity fee change is exempt from CEQA review pursuant to Section 15273(4) but does require specific findings for the exemption. The findings required for this exemption are also contained in Exhibit "EIR-A" (Findings). Program EIR 12-01 is on file and available in the Planning Division. FISCAL IMPACT: The funding required for facilities identified in the master plans are obtained from connection fee funds and replacement funds. Each of these funding sources is described below. Connection Fee - In accordance with Government Code Section 66013, the Sewer Capacity (connection) fee and Water Connection fee are for the physical facilities necessary to make a sewer connection or water connection, including, but not limited to, meters, meter boxes, and pipelines from a structure or project to a water distribution line or sewer main and that does not exceed the estimated reasonable cost of labor and materials for installation of those facilities. The Sewer Capacity (connection) Fee is used to generate the estimated reasonable cost of labor and materials of the infrastructure improvements for increasing the sewer collection system, and the capacity of the EWPCF identified in the 2012 Sewer Master Plan. The total remaining cost of Carlsbad's future projects to be funded from capacity fees is estimated at approximately $12,622,000 including the remaining balance of Carlsbad's share of the Phase IV Expansion of the EWPCF. The available cash balance on March 1, 2012 is $7,844,000. The total number of future equivalent dwelling units is estimated at 5.672. Therefore the cost per EDU is calculated to be $842 per EDU which is a reduction from the existing capacity fee of $1,096 per EDU. PROPOSED SEWER ( [RAPACITY FEE FOR SINGLE-FAMILY BUILDINGS ITEM DESCRIPTION EXISTING FEE UPDATED FEE PERCENT CHANGE Sewer Capacity Fee $1,096/EDU $842/EDU -23.18% The new sewer capacity (connection) fee would go into effect 60 days after City Council approval and will be adjusted annually based on the ENR Construction Cost Index (CCI) in accordance with Section 13.10.030 Sewer capacity fee - Encina Treatment Plant in the Carlsbad Municipal Code. No changes are proposed for the water and recycled water connection fee. Replacement Fund Sewer replacement fund is part of the sewer user fees and pays for repair and replacement of the City's existing sewer system. The estimated cost of the capital improvement program facilities identified for sewer replacement funding is approximately $62,145,000. These CIP sewer replacement projects will be phased. Significant cost expenditures will occur as a result of required improvements on the six interceptor sewers and lift stations. The replacement projects include current deficiencies identified through the master planning process; however, replacements based strictly on useful life criteria are not included. 6 Page 6 The Water replacement fund is part of the water utility rate and pays for the repair and replacement of existing water pipelines, reservoirs, and pressure regulating stations. The estimated cost of the capital improvement program facilities identified for water replacement funding is $71,487,000; however, replacement projects based strictly on useful life criteria are not included in the analysis. These water replacement CIP projects will be phased in over time. The Recycled water replacement fund is part of the recycled water utility rates and are used to repay State loans for construction of the Phase I and Phase II project facilities, flow equalization, and reservoir improvements. The Phase I loan will be completely paid in 2014. For Phase II there were two loans with the final payment for the first loan being paid in May 2025, and the final payment for the second loan being paid in April 2028. EXHIBITS: 1. City Council Resolution No. 2012-245 . CERTIFYING a Program Environmental Impact Report (EIR 12-01) for the City of Carisbad Sewer Master Plan Update, and the Carisbad Municipal Water District Water and Recycled Water Master Plan Updates and ADOPTING the Candidate Findings of Fact and the Mitigation, Monitoring, and Reporting Program 2. City Council Resolution No. 2012-246 . APPROVING the 2012 Sewer Master Plan Update and a Change to the Sewer Capacity Fee, Project No 5511. 3. CMWD Resolution No. 1450 . APPROVING the 2012 Water Master Plan, 2012 Recycled Water Master Plan, Project No's 5016 and 5022. 4. Copy of the 2012 Sewer, Water and Recycled Water Master Plans Updates, and Final Program Environmental Impact Report SCH 2012021006. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2012-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. CERTIFYING A PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF CARLSBAD SEWER MASTER PLAN UPDATE AND THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) WATER AND RECYCLED WATER MASTER PLAN UPDATES AND ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM. CASE NAME: SEWER. WATER AND RECYCLED WATER MASTER PLANS UPDATE PROGRAM EIR CASE NO.: EIR 12-01 WHEREAS, on December 9. 2008 the City Council of the City of Carisbad. California determined it necessary and in the public interest to enter into an agreement with Dudek to update the Carisbad Sewer Master Plan (Project No. 5511); and WHEREAS, on July 7. 2009 the Carlsbad Municipal Water District (CMWD) determined it necessary and in the public interest to enter into an agreement with PBS&J (now called Atkins) to update the Carisbad Water Master Plan (Project No. 5016); and WHEREAS, on July 7. 2009 the CMWD determined it necessary and in the public interest to enter into an agreement with Carollo Engineers, Inc. to update the Carlsbad Recycled Water Master Plan (Project No. 5022); and WHEREAS, the updates to the Sewer, Water, and Recycled Water Master Plans were completed by Dudek, Atkins, and Carollo Engineers, Inc., respectively, in accordance with the tasks outlined in their respective Professional Services Agreement with the City; and WHEREAS, the City of Carisbad's 2012 Sewer Master Plan, and the CMWD's 2012 Water Master Pian and 2012 Recycled Water Master Plan, incorporated herein by reference, represent a comprehensive program for the phased and orderiy development of improvements to accommodate the future sewer service, and water and recycled water needs of the City; and WHEREAS, the City of Carisbad 2012 Sewer Master Plan, and the CMWD 2012 Water Master Plan and 2012 Recycled Water Master Plan identify individual capital improvement projects to construct new facilities, and modify or expand existing facilities that would be needed to accommodate the demand from future development in the City; and ^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the changes in the proposed Sewer Capacity fee is not subject to review pursuant to Section 15273(4) of the California Environmental Quality Act (CEQA) and thus are not analyzed in EIR 12-01; and WHEREAS, a Draft Program Environmental Impact Report was prepared and submitted to the State Clearinghouse and a Notice of Completion was filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period, that subsequently was extended for nine days, and all comments received from that review period are contained in the Final Program EIR 12-01 as well as the responses to comments; and WHEREAS, the City Council did on the 6th day of November , 2012 hold a duly noticed hearing as prescribed by law to consider the Final Program EIR (EIR 12-01) for the City of Carlsbad Sewer Master Plan and the CMWD Water and 2012 Recycled Water Master Plan Updates; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any. of all persons desiring to be heard, the City Council considered all factors relating to Final Program EIR 12-01. the Candidate Findings of Fact, and the Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carisbad, as follows: 1. That the foregoing recitations are true and correct. 2. That the Program Environmental Impact Report (EIR 12-01) dated October 2012, prepared for the above-referenced project, on file with the City Clerk, and incorporated herein by reference, is CERTIFIED and that the Candidate Findings of Fact ("CEQA Findings" or "Findings") attached hereto marked as Exhibit "EIR-A" and the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto marked as Exhibit "EIR-B" and incorporated herein by reference are ADOPTED based on the following findings and subject to the following condition: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. The City Council of the City of Carisbad does hereby find that the Final Program EIR 12-01. the CEQA Findings, and the MMRP have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carisbad. 2. The City Council does hereby find that it has reviewed, analyzed and considered the Final Program EIR 12-01, the environmental impacts therein identified for this project, the CEQA Findings, and the MMRP prior to approving the project. 3. The City Council does hereby find that the Final Program EIR 12-01 reflects the independent judgment of the City Council. 4. The City Council does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit "EIR-A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The City Council does hereby find that the Mitigation Monitoring and Reporting Program (Exhibit "EIR-B") is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the MMRP. 6. The Record of Proceedings for this project consists of the Final Program EIR (EIR 12-01), CEQA Findings, and MMRP; all reports, applications, memoranda, maps, letters and other documents prepared by the environmental consultant and the City of Carisbad which are before the decision-makers; all documents submitted by members of the public and public agencies in connection with the Final Program EIR; minutes of all public hearings; and matters of common knowledge to the City of Carisbad which they may consider, including but not limited to. the Carisbad General Plan. Carisbad Zoning Regulations. Habitat Management Plan, Local Facilities Management Plans, the 2012 Sewer Master Plan Update, the 2012 Water Master Plan Update, and the 2012 Recycled Water Master Plan Update, and the Fiscal Year 2012-2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Carlsbad Capital Improvement Program. The full administrative record may be found at 1200 Carisbad Village Drive in the custody of the City Clerk and at 1635 Faraday Avenue in the custody of the City Planner. Condition: 1. The City of Carlsbad and/or CMWD shall implement, or cause the implementation of the mitigation measures described in Exhibit "EIR-B", the Mitigation, Monitoring, and Reporting Program for the City of Carlsbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Update Program EIR (EIR 12-01). "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carisbad Village Drive, Carisbad. CA. 92008. /// /// /// /// /// (0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on the 6th day of November, 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackbum, Douglas and Packard NOES: None ABSENT: None nt City Clerk 'i, ^ Exhibit "EIR-A" California Environmental Quality Act Candidate Findings of Fact (Public Resource Code §21081, CEQA Guidelines §15091) for the City of Carlsbad Sewer Master Plan and Carlsbad Municipal Water District Water and Recycled Water Master Plans Update Program Environmental Impact Report (EIR 12-01) (SCH No. 2012021006) SECTION 1. CITY COUNCIL CERTIFICATIONS In accordance with Section 15090 of the Guidelines, the City Council certifies that: 1. The Final Program EIR has been completed in compliance with CEQA and CEQA Guidelines. 2. The Final Program EIR was presented to the City Council and the City Council reviewed and considered the Information contained in the Final Program EIR prior to adopting the proposed Sewer, Water, and Recycled Water Master Plans Updates. 3. The Final Program EIR reflects the independent judgment of the City Council and contains sufficient information and analysis to allow the City Council to make an informed decision, considering the environmental Implication of the proposed project, mitigation measures, and alternatives. SECTION 2. INTRODUCTION A Program Environmental Impact Report (PEIR) has been prepared pursuant to the California Environmental Quality Act (CEQA), the CEQA Guidelines, and Chapter 19.04 (Environmental Protection Procedures) ofthe Carisbad Municipal Code to address the potential environmental effects ofthe City of Carisbad 2012 Sewer Master Plan and Carisbad Municipal Water District (CMWD) 2012 Water Master Plan and 2012 Recycled Water Master Plan ("the Project"). This program EIR analyzes the potential physical impacts that would result from the programmatic implementation of the proposed Master Plans. This EIR is an informational document, the purpose of which Is to: 1) Identify the potentially significant effects of the proposed project on the environment and to Indicate the manner in which those significant effects can be avoided or significantly lessened, 2) identify any significant and unavoidable adverse Impacts that cannot be mitigated to a less than significant level, 3) identif/ reasonable and feasible alternatives to the proposed project that would avoid or substantially lessen any significant adverse environmental effects associated with the proposed project. Subsequent environmental documents for future CIP projects that implement the Master Plans would tier from this October 2012 City of Carisbad Sewer Master Plan and Page 1 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact | ci—/' Exhibit "EIR-A" program EIR, and may include addendums, initial studies, negative declarations, mitigated negative declarations, and subsequent or supplemental EIRs. A. Project Description The proposed project is the update of the City of Carisbad's Sewer Master Plan, and the CMWD Water and Recycled Water Master Plans. The Master Plans Identify the Capital Improvement Programs (CIP) required to meet current and future demand through buildout of the service areas in 2035. The PEIR addresses the potential physical environmental impacts that would result from the implementation of the proposed CIP projects. The proposed Sewer Master Plan CIP Includes the installation of new sewer pipelines (12 CIP projects), rehabilitation of existing sewer pipelines (16 CIP projects), construction of access roads (2 CIP projects), lift station removals (2 CIP projects), lift station repairs and improvements (7 CIP projects), collection system capacity projects (5 CIP projects), interceptor capacity projects (6 CIP projects), and 2 CIP projects forthe Encina Water Pollution Control Facility (EWPCF). The Waster Master Plan CIP projects include water supply projects (2 CIP projects), water pipeline Installations and improvements (28 CIP projects), storage facility repairs and improvements (7 CIP projects), pump station improvements (5 CIP projects), groundwater projects (2 CIP projects), and 8 CIP projects for miscellaneous repairs and improvements. The proposed Recycled Water Master Plan CIP projects include the expansion and installation of new recycled water pipeline segments (67 CIP projects), storage facility improvements (3 CIP projects), and 2 CIP projects that would increase the capacity ofthe Carisbad Water Recycling Facility (CWRF). B. Project Objectives The following section summarizes the objectives for the Sewer, Water, and Recycled Water Master Plans as described in Chapter 2 of the Final PEIR. These objectives also provide a basis for identification of alternatives evaluated in the PEIR. 1. Sewer Master Plan The intent ofthe Sewer Master Plan is to plan sewer (wastewater) service for the Carisbad sewer service area through buildout of the wastewater service area, which is anticipated to occur in 2035. The objectives ofthe plan are to: a. perform capacity analyses of the existing and future sewer collection system b. recommend a long-term CIP for improvement of existing wastewater collection and treatment facilities to meet future demand 2. Water Master Plan The intent of the Water Master Plan is to plan water service for the CMWD through buildout of the service area, which is anticipated to occur in 2035. The CMWD proposes to implement the Water Master Plan to: a. address current water supply issues b. evaluate and meet future demands c. recommend CIP projects for continued reliable water service through service area buildout in accordance to the Carlsbad Growth Management Plan October 2012 City of Carisbad Sewer Master Plan and Page 2 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) . ^ Findings of Fact / j» Exhibit "EIR-A" 3. Recycled Water Master Plan The intent of Recycled Water Master Plan update is to guide the CMWD as it develops and expands the current recycled water distribution system to build out, which is anticipated to occur in 2035. CMWD wants to maximize the use of recycled water as this is currently the lowest cost water supply source. Specifically, CMWD proposes to implement the Recycled Water Master Plan to: a. maximize recycled water use in and around CMWD b. find cost effective system expansion opportunities c. optimize the existing and future system configuration d. identify CIP projects to meet future demand for recycled water C. Purpose of CEQA Findings CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code §21081 and CEQA Guidelines §15091, where a final EIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record regarding each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §15091 (a) are: 1. Changes or alterations have been required in, or Incorporated into, the project, which avoids or substantially lessens the significant environmental effects as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: 1. The project approved will not have a significant effect on the environment, or 2. The agency has: a. Eliminated or substantially lessened all significant effects where feasible as shown in the findings under Section 15091; and, b. Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. The following statement of facts and findings ("Findings") has been prepared in accordance with CEQA, for use by the City in connection with its actions as Lead Agency for the Project. October 2012 City of Carisbad Sewer Master Plan and Page 3 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact IV Exhibit "EIR-A" SECTION 3. FINDINGS FOR ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The Carisbad City Council hereby finds that the following potential direct and cumulative environmental impacts of the Sewer, Water, and Recycled Water Master Plans are less than significant and therefore do not require the imposition of mitigation measures. It should be noted the City has included commitments in the project design that serve to reduce the environmental impacts ofthe project. These Project Design Features are included for reference following the Mitigation Monitoring and Reporting Program (Exhibit B). A. Aesthetics 1. Finding Implementation ofthe Master Plans would not result a significant direct or cumulative Impact related to visual character and quality, scenic vistas, scenic resources, or lighting and glare. 2. Focts in Support of Finding Temporary visual impacts would occur from construction of all types of CIP projects; however, the City and CMWD have committed to design features to minimize visual impacts during construction activities and disturbed areas would be returned to pre-existing visual character conditions after completion of construction. Most of the proposed CIP projects are below-ground Installations, interior Improvements to existing facilities, minor exterior repairs and rehabilitations to existing facilities, or remove existing facilities. Access roads would be constructed using gravel or decomposed granite and would not permanently alter the color, texture, and pattern of the naturally vegetated landscape. For the remaining above- ground CIP projects, the City and CMWD have committed to design facilities with exterior fencing, paint, and vegetative screening to reduce aesthetic Impacts in visually sensitive areas. Nighttime lighting associated with the CIP projects would be limited to above-ground facilities, which would only include emergency lighting and security lighting. New lighting would be similar to security lighting on existing neighboring development and would not be a substantial new source of nighttime lighting. B. Air Quality 1. Finding Implementation of the Master Plans would not result significant direct or cumulative impacts related to consistency with applicable air quality plans, consistency with air quality standards, sensitive receptors, or objectionable odors. 2. Facts in Support of Finding The Master Plans would not result in population growth that would exceed the population projections accounted for in the Regional Air Quality Strategy and State Implementation Plan. Implementation of the Master Plans would not conflict with or obstruct Implementation of an applicable air quality plan. The CIP projects' worst-case construction emissions would not exceed the significance thresholds for any criteria air pollutants during construction. It is not anticipated that construction of the CIP projects would be located close enough to a simultaneous cumulative project so that the combined construction October 2012 City of Carisbad Sewer Master Plan and Page 4 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact Exhibit "EIR-A" emissions would violate the significance thresholds. In addition, the City and CMWD have committed to Best Management Practices (BMPs) which would reduce fugitive dust emissions and other criteria pollutant emissions during construction of CIP projects. Most of the CIP projects would be new or upgraded pipelines, which would be passive following construction, or Improvements to existing facilities that would not result in new sources of criteria pollutants. New pumps and emergency generators that would be installed as a result of the proposed CIP projects would be electric rather than fuel-consuming. The reverse osmosis system installed at the proposed groundwater treatment plant (Water CIP Project 52) would also be electric and would not generate criteria pollutant emissions. Due to the limited amount of equipment and time required for landscape maintenance at each facility, equipment usage for new landscaping would not substantially increase compared to existing conditions. The Master Plans would not generate a substantial net increase in vehicle trips and not result in a significant Increase In criteria pollutant emissions from vehicle trips. The potential air emissions associated with operation of the proposed CIP projects would not adversely impact the ability of the San Diego air basin to meet the ambient air quality standards. The proposed CIP facilities are similar to existing facilities and would not result in a new source of toxic air contaminants. The proposed CIP projects would not result in a substantial net increase in vehicle trips. Therefore, the Master Plans would not contribute to carbon monoxide "hotspots," defined as areas where high concentrations of carbon monoxide result from idling vehicles. Additionally, construction of the CIP projects would not result in substantial pollutant concentrations, including diesel exhaust from construction equipment. Construction activities would not result in nuisance odors because construction of the Master Plans would not result In significant emissions of sulfur oxides, construction equipment associated with the Master Plans would be operating at various locations throughout the service area, and would not take place ail at once. Potable water and recycled water projects do not typically result in a source of nuisance odors associated with operation. The Recycled Water Master Plan proposes to increase the capacity of the CWRF, which filters and disinfects secondary treated wastewater, rather than raw sewage, and would not result in substantial odor impacts. The proposed sewer facilities would transport raw sewage; however, the pipelines are sealed and do not release odors to open air, except where the pipes vent to the outside, such as at manholes and. New manholes would be incorporated in the Cit/s routine maintenance schedule and any odor complaints received by the City would be responded to with additional maintenance. The Sewer Master Plan also includes several CIP projects that would implement new odor control facilities at lift stations to reduce odors compared to existing conditions. The City would continue to comply with San Diego Air Pollution Control District Rule 51, which prohibits nuisance odors. C. Energy 1. Finding Implementation of the Master Plans would not result a significant direct or cumulative impact related to energy consumption. 2. Facts in Support of Finding There are no unusual project site characteristics within the sewer, water, and recycled water service areas that would necessitate the use of construction equipment that would be less energy efficient than at comparable construction sites in other parts of the region and the state. Construction fuel October 2012 City of Carisbad Sewer Master Plan and Page 5 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) . Findings of Fact I Exhibit "EIR-A" consumption associated with the proposed CIP projects would not be any more inefficient, wasteful, or unnecessary than at other construction sites in the region. Pipeline projects, once constructed, would not require the use of electricity, emergency generators, or any other type of fuel-consuming operating equipment. Additionally, the proposed repairs and improvements to existing facilities would not result in an increase In energy demand at these facilities. The total net increase in electricity demand from the remaining CIP projects would be approximately double existing electricity demand. However, the City and CMWD conduct routine maintenance on ali infrastructure facilities to ensure that inefficient use of energy would not occur. Several CIP projects replace older pumps with newer models that would be expected to operate more efficiently. The Sewer Master Plan proposes wiring repairs to the Simsbury and Villas lift stations that would improve energy efficiency at these facilities. Additionally, the proposed CIP projects would not be considered wasteful or unnecessary because the Identified projects are needed to provide adequate sewer, water, and recycled water to the City and CMWD service areas. D. Geology and Soils 1. Finding Implementation ofthe Master Plans would not result a significant direct or cumulative impact related to seismic and geologic hazards, soil erosion or top soil loss, or septic systems. 2. Facts in Support of Finding The City and CMWD would be required to implement the relevant requirements ofthe 2010 California Building Code, as updated or amended, and California Division of Mines and Geology's Special Publications 117, which would reduce groundshaking and geologic hazard impacts to the extent feasible. Additionally, the CMWD and City have committed to preparation of a site-specific geotechnical investigation during the engineering and design of each CIP project that would require excavation in previously undisturbed soil, which would Identify and make recommendations for any site-specific hazards. Compliance with the applicable regulations and permit requirements, such as the General Linear Utility Permit requirements and local stormwater regulations, would result in less than significant direct and cumulative impacts related to topsoil loss or increased erosion from CIP construction and operational activities. The Master Plans propose new infrastructure and would not involve the use of septic tanks or and other alterative wastewater disposal systems. E. Greenhouse Gas Emissions 1. Finding Implementation ofthe Master Plans would not result a significant impacts related to direct and indirect generation of GHGs and consistency with applicable plans adopted for reducing GHG emissions. Due to the global nature of GHG emissions and its effects, GHG emissions can only be addressed as a cumulative impact. 2. facts in Support of Finding The worst-case construction scenario and operation ofthe CIP projects would not generate annual GHG emissions that exceed the regional threshold of 2,500 metric tons of carbon dioxide equivalent. The threshold was established for consistency with statewide plans for reducing GHG emissions, including October 2012 City of Carisbad Sewer Master Plan and Page 6 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) ^ Findings of Fact / / Exhibit "EIR-A" Assembly Bill 32. The CIP projects would not result in unplanned growth that would Increase potential exposure to hazards related to climate change. F. Hazards and Hazardous Materials 1. Finding Implementation of the Master Plans would not result significant direct or cumulative impacts related to transport, use, and disposal of hazardous materials and accidental releases; listed hazardous materials sites; emergency response and evacuation plans; aircraft hazards; or wildland fires. 2. forts in Support of Finding Compliance with applicable regulations would minimize foreseeable risks related to transport, use, and disposal of hazardous materials and accidental releases that could create a hazard to the public or environment. Additionally, the City and CMWD have committed to design features to implement safety measures during construction and operation to prevent sewage spills. The City and CMWD have also committed to conducting a site-specific hazardous materials record search for each CIP projects and complying with all applicable federal, state, and local laws related to the remediation, handling, and disposal of hazardous materials for and identified sites. The agencies have committed to preparation of a construction traffic control plan so that construction would not significantly impact emergency response and evacuation plans. None of the CIP projects would place structures for human occupancy In a high fire hazard area. Project design features that require preparation of a brush management plan and dissemination of fire safety Information during construction would reduce temporary impacts related to wildland fires would not be significant. The proposed CIP projects would construct sewer, water, and recycled water infrastructure and do not involve any construction or long-term operational features that would result in an airport safety hazard for people residing or working in the project area. G. Hydrology and Water Quality 1. Finding Implementation of the Master Plans would not result significant direct or cumulative impacts related to water quality; alteration of drainage patterns; mudflows, dam, inundation, tsunamis and seiches; flood hazard areas; or groundwater. 2. farts in Support of Finding Compliance with the proposed project features and state and local water quality regulations, including the Storm Water General Permit, General Linear Utility Permit, and/or local development standards, including the preparation of a SWPPP and/or implementation of applicable construction and permanent BMPs, would reduce the potential increase in pollutants associated with water quality and alteration of drainage patterns to a less than significant level. The City and CMWD has committed to preparation of a site specific geotechnical investigation to be completed during the engineering and design of CIP projects that would require excavation in previously undisturbed soil that would identify and make recommendations for any site-specific hazards, including mudflows. Due to the dispersed location of each CIP facility, a dam inundation event or 100-year flooding would likely impact only a few, if any, above-ground CIP facilities and would not result In a October 2012 City of Carisbad Sewer Master Plan and Page 7 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact Exhibit "EIR-A" substantial loss of Master Plan structures or facilities. Additionally, no Master Plans CIP projects involve housing or structures for human occupancy. No new facilities are proposed in close to the coastline or in potential seiches hazard areas. Carisbad maintains a Sewer System Management Plan to reduce the risk associated with facility failure to a level below significance. Compliance with the construction permits would reduce the potential for the Master Plans to substantially Interfere with groundwater quality to a less than significant level. Following construction, most CIP projects would not result In any increase in impervious surfaces and the few new structures would have small sized footprints and would not interfere with groundwater recharge. Water CIP Projects 51 and 52 would make groundwater available for potable water use in the CMWD service area. It Is not known at this time the quantity of water that would be extracted as a result of these CIP projects. However, groundwater rights are based on the potential available yield of the basin. The CMWD would be required to limit groundwater extraction to within its entitlement for the San Luis Rey River groundwater basin. H. Land Use and Planning I. Finding Implementation of the Master Plans would not result significant direct or cumulative impacts related to land use incompatibilities, conflicts with land use and biological conservation plans, or physically divide an established community. 2. facts in Support of Finding Construction would result potential incompatibilities with surrounding land uses if it would require a roadway closure, generate excessive noise, conflict with the Habitat Management Plan. However, a traffic control plan would be implemented; construction activities would comply with all restrictions on construction hours established in the Carlsbad, Oceanside, San Marcos, and Vista noise ordinances; and construction activity best management practices to minimize noise to daytime noise sensitive land uses. Underground facilities do not have local land use effects of significance after installation or rehabilitation. Improvements to existing facilities, replacement of existing structures, and construction of new facilities on sites that currently contain water, sewer, or recycled water infrastructure would not result in any change in land use and would not result in any land use conflicts or incompatibilities. Proposed access roads would not include any components that would be potentially incompatible with surrounding land uses and would not conflict with any land use plans, policies, or ordinances. Water CIP Project 52 proposes a new well and reverse osmosis treatment plant on CMWD property in Oceanside that has been previously graded and is surrounded by industrial development. A treatment facility would be compatible with the existing industrial uses in this area. Implementation ofthe Master Plans would not Induce any unplanned growth that would be inconsistent with the any affected city's land use plan. The Master Plans are intended to Implement the recycled water infrastructure necessary to meet the land use goals established in the Carlsbad General Plan. The CIP projects would also potentially require discretionary permits from the jurisdiction In which the project is located, whether it be Carisbad, Oceanside, San Marcos, or Vista. Future projects would be required to comply with all applicable land use regulations in order to obtain project approval. The required review and issuance of Coastal Development Permits would ensure that infrastructure projects, particularly those located outside of public rights-of-way or in sensitive areas, will be consistent with the Local Coastal Program. Individual CIP projects would be required to demonstrate compliance with the October 2012 City of Carisbad Sewer Master Plan and Page 8 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact n Exhibit "EIR-A" Carlsbad Habitat Management Plan (HMP) during construction and operation and implement project- specific procedures, protocols, and mitigation measures described in the Carisbad HMP In order for the project to be approved. New above-ground structures would have small building footprints. None of the CIP projects would result in a permanent obstruction to a roadway or other access route, and construction of these facilities would not create a physical barrier (such as a highway), that would result In the physical division of an established community. I. Noise 1. Finding Implementation of the Master Plans would not result a significant direct or cumulative Impact related to permanent increase in ambient noise, temporary Increases in ambient noise, excessive groundborne vibration or noise, or aircraft noise. 2. facts in Support of Finding Construction operation of CIP projects proposed under the Master Plans would not generate a significant volume of new vehicle trips, and trips would be spread out throughout the service areas. Therefore, traffic noise would not result In a temporary or permanent Increase In noise level. Construction would result In temporary increases in noise level and groundborne vibration and noise; however, the City and CMWD have committed to measures to minimize construction noise and vibration effects to surrounding development, construction would take place during the day and would not disturb sleep, construction would be required to comply with noise ordinance limits on construction, and CIP projects would not be constructed ali at once and not all equipment would be operating at the same time. Once installed, pipelines, reservoirs, and access roads would not require the use of pumps, motors, or other noise-generating machinery. Operation of these facilities would not result in permanent increases In the ambient noise environment. The operation of new equipment such as pumps may result In a noticeable increase in operational noise at this pump station. However, the City and CWMD have committed to ensuring that operating equipment will be designed to comply with all applicable local, state, and federal noise regulations. For example, pump station equipment would be enclosed in a structure. Occasional maintenance and emergency repair activities on any CIP project would have the potential to generate some additional noise, but these activities are sporadic in nature and do not occur at the same location for long periods of time. The proposed CIP projects would construct sewer, water, and recycled water infrastructure and do not involve any construction or long-term operational features for human occupancy that would result in regular exposure to aircraft noise. J. Transportation/Traffic 1. Finding Implementation of the Master Plans would not result a significant direct or cumulative impact related to traffic and level of service (LOS) standards, air traffic, traffic hazards, alternative transportation, or emergency access. October 2012 City of Carisbad Sewer Master Plan and Page 9 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact AO Exhibit "EIR-A" 2. facts in Support of Finding Construction and operation of the CIP projects would not be expected to generate an increase in vehicular trips that would degrade the level of service (LOS) on surrounding roadways to below an acceptable level because a limited number of trips would be required, and trips would be spread out throughout the service areas. Implementation of the Master Plans would not involve any roadway or intersection improvements that would result in permanent changes to the circulation network. The design feature that requires a traffic control plan during construction would reduce potential impacts from lane closures during construction to a less than significant level, including impacts related to traffic and LOS standards, traffic hazards, alternative transportation, and emergency access. Implementation of the Master Plans would not Involve the construction of facilities that would require changes In air traffic patterns from increased traffic levels, location or design. SECTION 4. FINDINGS FOR IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City Council, having reviewed and considered the information contained in the PEIR, finds pursuant to Public Resources Code §21081 (a)(1) and Guidelines §15091 (a)(1) that changes or alterations have been required in, or incorporated Into, the Project which would mitigate, avoid, or substantially lessen to below a level of significance the following potential significant direct and indirect environmental effects identified in the PEIR. The Project has no significant and unavoidable impacts and a Statement of Overriding Considerations is not required forthe Project. The City Council hereby finds that mitigation measures have been identified in the Draft PEIR that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that will reduce the impacts to a less than significant level are as follows: A. Biological Resources 1. Potential Significant Impacts: a. Direct Impacts to Sensitive Species, Sensitive Natural Communities, Jurisdictional Waters and Wetlands Direct impacts include the direct destruction or displacement of special status species and their habitat, including wetlands, through activities such as clearing, grubbing, grading, and other initial land disturbance activities. The following CIP projects could occur on and in the immediate vicinity of an undeveloped area that could support sensitive natural communities and/or special status species. Therefore, construction activities associated with these CIP projects could have potential significant direct and cumulative impacts on special species and/or sensitive natural communities: • Sewer CIP Projects: N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, and SR-23 • Water CIP Projects: 10,17,47, and 55 • Recycled Water CIP Project: ES7 b. Indirect Impacts to Sensitive Species, Sensitive Natural Communities, Jurisdictional Waters and Wetlands The following CIP projects are sited within existing disturbed and developed land that occurs adjacent to an undeveloped area that could support sensitive natural communities, induding wetlands, and/or October 2012 City of Carisbad Sewer Master Plan and Page 10 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) > / Findings of Fact Exhibit "EIR-A" special status species. Construction activities associated with these CIP projects during the general breeding season (January 15 to September 15) could have potential significant indirect and cumulatively considerable noise impacts (only) on special status species and/or sensitive natural communities potentially located adjacent to CIP project sites: • Sewer CIP Projects: I-l, SR-11, SR-12, and SR-15 • Water CIP Projects: 21,48, R3, and R5 • Recycled Water CIP Projects: ESI, ES2, ESS, ES8, ES9, ESll, ES14, ES17, and ES18 2. Findings: The City Council hereby finds that with the implementation of the following mitigation measures, potential impacts to biological resources will be reduced to less than significant: Bio-IA Project-Level Biological Resource Surveys. During the design phase and prior to the construction of CIP projects N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, SR-23, 10, 17, 47, 55, and ES7, the City and CMWD shall retain a qualified biologist to conduct project-level biological surveys. The surveys shall verify whether the project would occur on or in the immediate vicinity of natural habitat and habitat suitable for special status species. The surveys shall also Identify If the project could result in direct or indirect impacts to natural habitat and special status species. The survey results shall be submitted to the City and CMWD to determine the need for further surveys and project-level analyses for subsequent CEQA documentation and the Issuance of any discretionary actions or permits forthe project. If the Quarry Creek Master Plan project covering CIP projects N-9, 55, and ES7 is ultimately approved and developed, the City and CMWD shall implement the specific mitigation requirements ofthe Quarry Creek Master Plan EIR (EIR 11-02) accordingly. Bio-IB HMP Covered Species Surveys and Habitat Mitigation. If it is demonstrated through the Implementation of mitigation measure Bio-IA that CIP projects N-3, N-9, SR-3, SR-9, SR-17, SR- 19, SR-22, SR-23, 10, 17, 55, or ES7 could directly or indirectly impact natural habitat that Is suitable for special status species addressed within the Carisbad HMP, the City and CMWD shall retain a qualified biologist to conduct focused, presence/absence surveys for rare plants and/or protocol-level surveys for special status wildlife species, as determined necessary for subsequent CEQA documentation and the issuance of any discretionary actions or permits for the project. Surveys shall follow protocols and guidelines approved by the USFWS, CDFG, and CNPS, and shall be conducted by qualified biologists permitted by the USFWS and/or CDFG, where applicable, and in accordance with the Carisbad HMP and Carlsbad Municipal Code. The City and CMWD shall adhere to the HMP permit and general conditions pertaining to HMP habitat and covered species. Impacts to HMP covered species shall be avoided and minimized to the maximum extent practicable In conformance with the Carlsbad HMP and Carisbad Municipal Code. Impacts to natural habitat shall be mitigated In accordance with mitigation measure Bio-2A. Bio-lC CIP Project 47 California Gnatcatcher Surveys and Habitat Mitigation. If it Is demonstrated through the implementation of mitigation measure Blo-IA that CIP project 47 could directly or indirectly impact the federally threatened coastal California gnatcatcher, the City and CMWD shall implement the following mitigation measures, at minimum, and In addition to any October 2012 City of Carisbad Sewer Master Plan and Page 11 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact Exhibit "EIR-A" avoidance, minimization, and conservation measures prescribed by the USFWS during consultation and/or permitting: 1. Within one year prior to CIP project construction, the City and CMWD shall retain a permitted biologist to commence focused surveys in accordance with USFWS protocols to determine the presence or absence of the coastal California gnatcatcher. Documentation of the survey results will be provided to the City and CMWD, and USFWS, within 45 days of completing the final survey. 2. If the coastal California gnatcatcher could be directly or indirectly impacted then in compliance with FESA, and as stated In Section 2.6.1.1 of this EIR, the City and CMWD shall consult and obtain ail applicable regulatory permits and authorizations from the USFWS, and the conditions of the regulatory permits and authorizations wiil be implemented accordingly and/or the CIP project would be modified to avoid direct "take" ofthe species and/or minimize adverse affects to the species and occupied habitat. 3. The City and CMWD shall mitigate the loss of habitat according to mitigation measure Bio- 2A. Bio-ID Avoidance of Nesting Birds and Raptors. To prevent direct impacts to nesting birds, including raptors, protected under the federal MBTA and CFG Code, the City and CMWD shall enforce the following: Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting seasons, that being from March 15 to May 30, a certified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no tree pruning or removal operations can occur until the nests are vacated or until the end of the prime breeding season, whichever occurs later. In addition, prior to any tree removal or pruning operations proposed outside ofthe prime nesting season but within the period of January 15 to September 15, a confirmation is required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from a certified biologist consistent with these requirements shall be submitted to the City Planner for review and approval. A note to this effect shall be placed on the construction plans. Bio-IE Pre-Construction Biological Resource Surveys. Prior to construction of CIP projects or portions of projects that will occur within disturbed or developed land, but will be sited immediately adjacent to an undeveloped open space area (i.e., an area supporting naturalized habitat, sensitive habitat, and/or habitat potentially suitable for special status species), the City and CMWD shall retain a qualified biologist to perform a pre-construction survey to verify existing biological resources adjacent to the project construction areas. The City and CMWD shall provide the biologist with a copy of the CIP project plans that cleariy depict the construction work limits. Including construction staging and storage areas, in order to determine which specific portion(s) of the project will require Inspection of adjacent open space areas during the pre-constructlon survey. At minimum, the biologist shall perform a visual inspection ofthe adjacent open space area in order to characterize the existing habitat types and determine the likelihood for special status species to occur. Including the coastal California gnatcatcher, migratory songbirds, and other bird species with the potential to breed in the area. The pre-constructlon survey results shall be submitted to the City and CMWD October 2012 City of Carisbad Sewer Master Plan and Page 12 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) \ ^ Findings of Fact ^ ^ Exhibit "EIR-A" prior to construction in order to verify the need for the additional construction measures proposed within Bio-IF through Bio-ll below. Bio-IF Orange Construction Fencing. If it Is confirmed through the implementation of mitigation measure Blo-IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall retain a qualified biologist to supervise the installation of temporary orange construction fencing, which clearly delineates the edge ofthe approved limits of grading and clearing, and the edges of environmentally sensitive areas that occur beyond the approved limits. This fencing shall be Installed prior to construction, and maintained for the duration of construction activity. Fencing shall be installed in a manner that does not Impact habitats to be avoided. If work occurs beyond the fenced or demarcated limits of impact, ail work shall cease until the problem has been remedied and mitigation identified. Temporary orange fencing shall be removed upon completion of construction of the project. Implementation of this measure shall be verified by the City prior to and concurrent with construction. Bio-IG Construction-Related Noise. Construction noise created during the general breeding season (January 15 to September 15) that could affect the breeding of the coastal California gnatcatcher, migratory songbirds, and other bird species associated with adjacent undeveloped areas shall be avoided. No loud construction noise (exceeding 60dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the general breeding season (January 15 through September 15). If it Is confirmed through the Implementation of mitigation measure Bio-IE that the CIP project could result In construction-related noise impacts to breeding birds during the general breeding season, the City and CMWD shall retain a qualified biologist to monitor the construction operations. The biological monitor shall be present to monitor construction activities that occur adjacent to the undeveloped open space area potentially supporting breeding birds. The monitor shall verify that construction noise levels do not exceed 60dBA hourly average and shall have the ability to halt construction work, if necessary, and confer with the City, USFWS, and CDFG to ensure the proper implementation of additional protection measures during construction. The biologist shall report any violation to the USFWS and/or CDFG within 24 hours of its occurrence. Bio-IH Construction Staging Areas. If it is confirmed through the implementation of mitigation measure Bio-IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall design final CIP project construction staging areas such that no staging areas shall be located within sensitive habitat areas. The construction contractor shall receive approval by the City Planning & Engineering Divisions prior to mobilizations and staging of equipment outside of the project boundaries. Bio-ll Contractor Training. If it Is confirmed through the implementation of mitigation measure Bio- IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall retain a qualified biologist to attend pre-construction meetings to Inform construction crews of the sensitive resources and associated avoidance and/or minimization requirements. Blo-2A Habitat Compensation for Projects within Carlsbad, if it is demonstrated through the implementation of mitigation measure Blo-IA that CIP projects N-3, N-9, SR-3, SR-9, SR-17, SR- October 2012 City of Carisbad Sewer Master Plan and Page 13 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) \ W Findings of Fact ' Exhibit "EIR-A" 19, SR-22, SR-23, 10, 17, 55, or ES7 could directly impact sensitive natural communities, including Habitat Groups A, B, C, D, E, and F specified in Table 11 and Section D.6 of the Carlsbad HMP, the City and CMWD shall Implement the following: 1. Mitigation for unavoidable impacts to Habitat Groups A, B, C, D, E, and F shall be provided according to the ratios specified below and consistent with Table 11 and Section D.6 of the Carisbad HMP: HMP Habitat Mitigation Ratios Habitat Group and Type Mitigation Ratio A. Coastal salt marsh, alkali marsti, frestiwater marsh, estuarine, salt pan/ mudflats, riparian forest, riparian woodland, riparian scrub, vernal pools, disturbed wetlands, flood channel, Engelmann oak woodland, coast live oak woodland No net loss; mitigation varies by type of replacement habitat B. Beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, native grassland 3:1 C. Coastal sage scrub occupied by coastal California gnatcatcher 2:1 D. Coastal sage scrub unoccupied by coastal California gnatcatcher, coastal sage/chaparral mix, chaparral (excluding southern maritime chaparral) 1:1 E. Non-native grassland 0.5:1 F. Disturbed lands, eucalyptus woodland, agriculture 0.01:1 2. Impacts to Habitat Groups D, E, and F shall be mitigated at the Lake Calavera City Mitigation Bank In accordance with Appendix B of the Carlsbad HMP for covered City projects that are eligible to mitigate impacts at the Lake Calavera City Mitigation Bank. 3. Impacts to Habitat Groups A, B, and C shall be avoided to the maximum extent practicable through project-level siting during CIP project design and trenchless pipeline installation methods (e.g., jack and bore, horizontal directional drilling) during CIP project construction. 4. Unavoidable Impacts to Habitat Groups A, B, and C shall be mitigated in-kind through implementation of any one or combination of the following measures, as approved and/or amended by the USFWS, USACE, RWQCB, and/or CDFG, if applicable: a. On site as creation of new habitat within avoided and preserved areas at the CIP project site; b. On site as restoration of existing habitat within temporary impact areas and/or avoided and preserved areas at the CIP project site; c. On site as enhancement of existing habitat within avoided and preserved areas at the CIP project site; d. Off site as purchase of habitat credits within an approved mitigation bank(s) (e.g., Carisbad Oaks Conservation Bank, North County Habitat Bank); e. Off site as habitat preservation, creation, restoration, and/or enhancement within other properties or approved mitigation programs available at the time of grading; or f. A combination of the above. October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact Page 14 of 23 Exhibit "EIR-A" g. In the Coastal Zone, impacts to Habitat Groups A, B, and C shall be mitigated in accordance with the ratios described in Section D.7 of the HMP and shall include at a minimum a 1:1 creation (or substantial restoration when allowed) component to ensure no net loss of habitat. The remainder of the mitigation obligation may be satisfied pursuant to the provisions of the HMP. The proposed mitigation for impacts to Habitat Groups A, B, and C in the coastal zone is subject to review by the California Coastal Commission. 5. On- or off-site creation, restoration, and/or enhancement mitigation for habitat groups A, B, and C shall consist ofthe following: a. For Habitat Group A types. Including riparian and wetland sensitive natural communities (e.g., riparian forest, riparian woodland, riparian scrub, disturbed wetlands, coast live oak woodland), the City or CMWD shall prepare a Riparian/Wetland Habitat Restoration Plan detailing the specific riparian/wetland creation, restoration, and/or enhancement measures to be Implemented as project mitigation. The Riparian/Wetland Habitat Restoration Plan shall be approved by the USFWS, USACE, RWQCB, and/or CDFG, as appropriate, prior to vegetation clearing, grading, and/or construction activities. b. For Habitat Group B types. Including upland sensitive natural communities (e.g., maritime succulent scrub, southern maritime chaparral, native grassland), the City or CMWD shall prepare an Upland Habitat Restoration Plan detailing the specific upland habitat creation, restoration, and/or enhancement measures to be Implemented as project mitigation. The Upland Habitat Restoration Plan shall be approved by the USFWS and CDFG prior to vegetation clearing, grading, and/or construction activities. c. For Habitat Group C types (occupied Coastal Sage Scrub), the City or CMWD shall prepare a Coastal Sage Scrub Habitat Restoration Plan detailing the specific coastal sage scrub habitat creation, restoration, and/or enhancement measures to be Implemented as project mitigation. The Coastal Sage Scrub Habitat Restoration Plan shall be approved by the USFWS and CDFG prior to vegetation clearing, grading, and/or construction activities. d. The restoration plans for Habitat Groups A, B, and C shall include a five-year maintenance and monitoring program with a requirement to meet City/Wildlife Agencies approved success criteria. 6. Any upland or riparian/wetland habitat impacts that occur beyond the approved work limits of any CIP project shall be mitigated at a higher ratio to be negotiated with the USFWS, USACE, RWQCB, and/or CDFG. 7. If the Quarry Creek Master Plan project covering CIP projects N-9, 55, and ES7 is ultimately approved and developed, the City and CMWD shall Implement the specific mitigation requirements ofthe Quarry Creek Master Plan EIR (EIR 11-02) accordingly. BI0-2B Habitat Compensation for Projects Outside of Carisbad. If It is demonstrated through the implementation of mitigation measure Bio-IA that CIP project 47 could directly Impact sensitive natural communities, namely DIegan coastal sage scrub, CMWD shall compensate the loss of habitat according to the ratios provided below, which would be increased or October 2012 City of Carisbad Sewer Master Plan and Page 15 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact <x.^ Exhibit "EIR-A" decreased depending on where the compensatory mitigation would be located and whether the impacted habitat supports special status species or other sensitive resources: Sensitive Natural Community Mitigation Ratio DIegan coastal sage scrub 1:1 - 2:1 CMWD shall mitigate impacts to DIegan coastal sage scrub In accordance with the compensatory requirements outlined for Habitat Group C within measures 4, 5, 6, and 7 of mitigation measure Bio-2A. 3. Facts in Support of Finding: Implementation of mitigation measures Bio-IA through Bio-ID, Blo-2A, and Bio-2B below would reduce potentially significant direct impacts on special species and their habitat to a less than significant level by requiring project-level biological studies and mitigation. The City and CMWD are required to compensate impacts to CIP project that occur In Carisbad according to the HMP mitigation ratios for Habitat Groups A, B, C, D, E, and F, as specified in Table 11 and Section D.6 ofthe Carlsbad HMP, and proposed within mitigation measure Bio-2A, including jurisdictional waters and wetlands. Implementation of mitigation measure Bio-2B would reduce direct Impacts associated with CIP project 47 outside ofthe HMP area to a less than significant level. Implementation of mitigation measures Blo-IE through Bio-ll would reduce potential significant indirect impacts to a less than significant level through Implementation of additional avoidance and minimization measures. Mitigation measures Blo-IE, Bio-IF, Blo-IH, and Bio-ll would ensure that construction activities do not inadvertently encroach into or otherwise impact sensitive natural communities. Including jurisdictional waters and wetlands, occurring adjacent to CIP project sites. The City and CMWD have also committed to the preparation and implementation of prevention plans and BMPs to minimize, control, and treat storm water runoff, fugitive dust, and other pollutants, as required by state and local regulations, would further reduce potential indirect Impacts during constructlon.Compensatlon for the potential direct loss of habitat through creation, restoration, and/or enhancement measures through mitigation measures Blo-IA through Bio-ll, Bio-2A, and Bio-2B, consistency with the Carisbad HMP, and obtaining the appropriate agency approvals and permits would ensure that development of CIP projects under the Master Plans would not result in a cumulatively considerable contribution toward impacts on special status species, sensitive habitats, or wetlands within the regional cumulative impact area. B. Cultural and Paleontological Resources The City Council hereby finds that mitigation measures have been identified in the Draft PEIR that will avoid or substantially lessen the following potentially significant direct and cumulative environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that will reduce the impacts to a less than significant level are as follows: 1. Potential Significant Impacts: a. Archaeological Resources CIP projects N-3, N-9, SR-9, SR-12, SR-14, SR-19, SR-22, SR-23, 10, 17, 47, 55, and ES7 are either In the proximity of known archaeological resources, or would result in ground-disturbing activities in previously undeveloped areas. Known cultural resources that may be affected by the construction of proposed CIP project sites are listed by Master Plans in Final PEIR Tables 4.4-3 to 4.4-5 (see Final PEIR October 2012 City of Carisbad Sewer Master Plan and Page 16 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) \ *'? Findings of Fact ^ Exhibit "EIR-A" pages 4.4-17 and 4.4-18). A table that identifies which CIP projects would have the potential to impact each resource is available in Confidential Appendix D2. In addition to CIP projects that are in close proximity to known archaeological resources, there is a high potential for CIP projects that would occur within undeveloped areas to encounter unrecorded archaeological resources due to the frequency of known and recorded archaeological sites throughout the service areas. Ground-disturbing activities, such as clearing, trenching, and grading have the potential to damage or destroy archaeological resources that may be present on or below the ground surface, particularly in areas that have not previously been disturbed. Any such unrecorded prehistoric archaeological sites may require research or testing programs to determine their eligibility for inclusion in registers of significant resources. The alteration of known significant or unique archaeological resources may result in a loss of valuable information that could be gained from the resources, or prevent potentially eligible sites from being listed on a register of cultural resources. In the event that buried significant or unique cultural resources are discovered during construction, such resources could be damaged or destroyed, potentially resulting In significant impacts to cultural resources. The following project design feature identified in Final PEIR Section 2.6.2, Project Design Features, for unintentional disturbance of unknown resources would minimize impacts as a result of unintentional discovery In previously undisturbed areas (see Final PEIR page 2-35): • If subsurface cultural resources are encountered during CIP project construction, or if evidence of an archaeological site or other suspected cultural resources are encountered, all ground- disturbing activity will cease within 100 feet of the resource. A qualified archaeologist will be retained by the City or CMWD to assess the find, and to determine whether the resource requires further study. The assessment shall include consultation with the NAHC or Native American Tribe. Any previously undiscovered resources found during construction will be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated by a qualified archaeologist retained by the City or CMWD for significance under all applicable regulatory criteria. No further grading will occur in the area of the discovery until the City and CMWD approves the measures to protect the resources. Any archaeological artifacts recovered as a result of mitigation will be donated to a qualified scientific institution approved by the City or CMWD where they would be afforded long-term preservation to allow future scientific study. However, due to the higher potential of encountering sensitive cultural resources in undisturbed areas, additionai precautions are necessary. Regarding cumulative impacts, ground disturbance associated with implementation of cumulative projects could have significant impacts on archaeological and historical resources. Therefore, the baseline cumulative impact to archaeological and historical resources due to future development within the planning area is significant. Implementation of the Master Plans has the potential to result in significant impacts to archaeological resources; therefore, construction associated with the Master Plans would have the potential to result in a cumulatively considerable contribution to the loss of archaeological or historical resources within the regional cumulative impact area b. Paleontological Resources Excavation and construction activities associated with proposed CIP projects located within undeveloped areas of the Santiago formation have the potential to disturb or destroy paleontological resources during ground disturbing construction activities. The Sewer CIP projects proposed in areas of high paleontological sensitivity Include N-9, N-12, SR-14, SR-22, SR-23, and 1-1. The Water CIP projects October 2012 City of Carisbad Sewer Master Plan and Page 17 of 23 7 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) ^ % Findings of Fact ^ Exhibit "EIR-A" proposed in areas with high paleontological sensitivity include 10,17,48, and F3. There are no Recycled Water CIP projects located in areas with high paleontological sensitivity. Regarding cumulative Impacts, excavation activities associated with land development within the services areas could have significant impacts to paleontological resources. The baseline cumulative impact to paleontological resources caused by excavation activities associated with further land development within the regional cumulative impact area is significant. Excavation activities associated with proposed CIP project construction within the Santiago formation have the potential to disturb or destroy paleontological resources. Therefore, Implementation of the Master Plans would result in a potentially cumulatively considerable contribution to the loss of paleontological resources within the regional cumulative impact area. 2. Findings: The City Council hereby finds that with the implementation of the following mitigation measures, potential direct and cumulative impacts to cultural and paleontological resources will be reduced to less than significant: Cul-1 Cultural Resources Investigation. For the CIP projects proposed In close proximity to a known cultural resource or projects that would result In ground-disturbing activities in a previously undisturbed area (Sewer CIP Projects SR-9, SR-12, SR-14, SR-19, SR-22, SR-23, N-3, and N-9; Water CIP Projects 10, 17, 47, 48, and 55; and Recycled Water Project ES7), a project-level cultural resources investigation shall be conducted by a qualified cultural resource professional who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology. The cultural resources Investigation shall include: 1. A CIP project site-specific review of the records search data at the South Coastal Information Center shall be conducted to determine if the CIP project site has been subjected to a professional survey. If a current cultural resources report addressing potential impacts on cultural resources Is available, the City or CMWD shall implement the mitigation measures provided within the report. In the event that a current and valid report Is not available or ifthe entirety of the CIP project site has not been professionally surveyed, then an updated records search shall be performed. b. The City or CMWD shall contact the NAHC and local tribal governments for input on the project in order to identify any additional Native American resources that may not be included in the records search. 2. For those CIP project site(s) not addressed by a current cultural resources report (produced within five years of project proposal), a project-level Phase I Cultural Resources Survey shall be prepared. Updates for all resources encountered during the Phase I survey shall be recorded using Department of Parks and Recreation (DPR) 523 forms In accordance with all applicable regulations. Resources shall be evaluated for significance and eligibility for inclusion in all applicable historic registers using methods such as, but not limited to, subsurface testing and/or archival research. Any subsurface testing would be monitoring by an appropriate Native American monitor. 3. In the event that such resources are found to be historical resources pursuant to CEQA, potential adverse Impacts must be analyzed as stated in PRC Sections 21084.1 and October 2012 City of Carisbad Sewer Master Plan and Page 18 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact a. / / Exhibit "EIR-A" / I 21083.2(1). Suitable mitigation for significant effects on archaeological resources are outlined in Section 15126.4(b)(3). The City or CMWD shall be responsible for Implementing the methods for eliminating or substantially reducing impacts on resources as recommended by the archeologist and in consultation with the Native American Tribe. Such methods could Include, but are not limited to: a. Planning construction to avoid archaeological sites; b. Incorporation of sites within parks, greenspace, or other open space; c. Capping or covering a site with a layer of soil before building on the site; d. Deeding the site into a permanent conservation easement; e. Excavation (Data Recovery) of archaeological resources; and/or f. Construction monitoring by a qualified professional and appropriate Native American monitors as identified through consultation with the NAHC or Native American Tribe. The monltor(s) shall be present at all pre-construction meetings. 4. If, as a result of Cul 1(3), it is determined that a CIP project site requires monitoring by a Native American Tribe, then the City or CMWD shall enter Into a Pre-Excavation Agreement or Cultural Resource Treatment and Monitoring Agreement with the appropriate Native American Tribe prior to the commencement of earth disturbing activities. 5. If excavation (Data Recovery) is recommended as a result of Cul-1(3), all excavated Native American artifacts shall be repatriated to the Native American Tribe of Most Likely Descendant (MLD) rather than curated. 6. The results of the cultural resources investigation shall be compiled into a technical report or memorandum and submitted to the City or CMWD and the South Coastal Information Center. Pal-1 Paleontological Resources Investigation. For the proposed CIP projects (Sewer CIP Projects N- 9, N-12, SR-14, SR-22, SR-23, and I-l; and Water CIP Projects 10, 17, 48, and F3) which are located within the Santiago formation, a project-level paleontological resources investigation shall be conducted by a qualified professional paleontologist in cooperation with the County of San Diego and the San Diego Natural History Museum. The paleontological resources investigation shall include: 1. A review of the records search data for the City and CMWD service area and. If necessary, an updated records search; 2. Project-level pedestrian surveys of portions of the proposed CIP sites where paleontological resources could be encountered based on presence and depth of the sensitive formations; 3. Formal evaluation of any potentially affected paleontological resources to determine whether they qualify as unique paleontological resources; and October 2012 City of Carisbad Sewer Master Plan and Page 19 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact 3^ Exhibit "EIR-A" 4. Recommended measures to avoid, where feasible. Impacts on unique paleontological resources, such as preservation in place, planning construction to avoid unique paleontologic sites, placing paleontological sites into permanent conservation easements, or planning parks, green space, or other open space to incorporate paleontological sites. Where avoidance or preservation in place is not feasible, excavation and curation may be recommended as mitigation. 5. The results of the paleontological resources Investigation shall be compiled into a technical report or memorandum and submitted to the City or CMWD for further coordination with the San Diego Natural History Museum, as necessary. 3. Facts in Support of Finding: Mitigation measure Cul-1 would minimize direct and cumulative Impacts to archaeological resources as a result of construction of these CIP projects to the extent feasible by requiring site-specific cultural resources studies and consultation with qualified archaeologists and affected Native American Tribes to determine the appropriate measures to eliminate or substantially reduce any potentially significant Impacts. Implementation of mitigation measure Pal-1 would minimize potential direct and cumulative impacts associated with the disturbance of paleontological resources by requiring project-level paleontological resources reports and requiring avoidance or excavation and curation for any unique paleontological resources. SECTION 5. FINDINGS FOR EFFECTS FOUND NOT TO BE SIGNIFICANT The City Council hereby finds that based on the substantial evidence appearing in Chapter 5 of the Draft PEIR, that implementation of the Sewer, Water, and Recycled Water Master Plans would not result in significant Impacts to agricultural resources, mineral resources, population and housing, public services, recreation, or utilities and service systems. SECTION 6. FINDINGS REGARDING PROJECT ALTERNATIVES Because the Sewer, Water, and Recycled Water Master Plans will potentially cause significant environmental effects, the City Council must consider the feasibility of an environmentally superior alternative to the Sewer, Water, and Recycled Water Master Plans. The City Council must evaluate whether these alternatives could avoid or substantially lessen the unavoidable significant environmental effects while achieving most ofthe objectives ofthe Master Plans. Chapter 6 ofthe Final PEIR evaluates a range of potential alternatives to the Sewer, Water, and Recycled Water Master Plans. In compliance with CEQA and the CEQA Guidelines, the alternatives analysis also includes an analysis of a No Project Alternative and discusses the Environmentally Superior Alternative. The analysis examines the feasibility of each alternative, the environmental Impacts of each alternative, and the ability of each alternative to meet the objectives Identified in Section 2.1 ofthe Final PEIR. The City Council has independently reviewed and considered the Information on alternatives provided In the Final PEIR and the administrative record, and finds that all the alternatives would either not meet the majority ofthe project objectives or would hinder the City and/or CMWD's ability to meet the future October 2012 City of Carisbad Sewer Master Plan and Page 20 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) --^ y Findings of Fact Of Exhibit "EIR-A" sewer, water, and recycled water demands of their service areas in comparison to the Sewer, Water, and Recycled Water Master Plans, for the reasons set forth below. A. No Project Alternative 1. Description Under this alternative, the Master Plans would not be adopted and none of the proposed CIP projects would be constructed at this time. The existing 2003 Sewer Master Plan, 2003 Water Master Plan, and 1997 Recycled Water Master Plan would remain the planning documents for the City and CMWD. The No Project Alternative would not necessarily preclude the future Implementation of Individual projects listed In the Master Plans (individual infrastructure projects would still be required to undergo CEQA environmental review). 2. Findings The City Council finds that the No Project alternative Infeasible because the alternative fails to meet any of the project objectives and would hinder City's and CMWD's ability to meet the future utility demands of Its service areas. 3. facts in Support of Finding The No Project Alternative would avoid ali ofthe potentially significant environmental impacts Identified for the Master Plans because no proposed CIP projects would be constructed at this time and the existing adopted Sewer, Water, and Recycled Water Master Plans would remain the planning documents for the City and CMWD. However, the No Project Alternative does not preclude the future construction of CIP projects. Future infrastructure project impacts would be evaluated on a project-by- project basis and the potential cumulative impact associated with all of the CIP projects within the Master Plans may not be addressed adequately. In other words, cumulative environmental impacts could potentially be addressed in a "piece-meal" manner, which may result in under-estimating the total extent of cumulative environmental impacts in comparison to evaluating all of the Master Plans at the Program EIR level. In addition, this approach restricts the City's and CMWD's ability to properiy plan for projected growth and to design infrastructure accordingly. So while new and upgraded infrastructure projects would still occur under this alternative, they would be implemented in a more disorganized, less efficient, and likely more costly manner. B. Reduced Footprint Alternative 1. Description The Reduced Footprint Alternative would reduce the footprint of disturbed area that would occur as a result of the implementation ofthe Master Plans by eliminating the CIP projects that were determined to result in direct Impacts to sensitive biological resources. These CIP projects include the following: • Sewer CIP Projects: SR-9, SR-19, SR-22, SR-23, N-3, and N-9 • Water CIP Projects: 10,17,47,48, and 55 • Recycled Water CIP Projects: ES7 and ES8 Under the Reduced Footprint Alternative, each of these proposed pipelines and access road projects would be eliminated from the Master Plans' CIPs to avoid direct impacts to biological resources. The reduction in the development footprint would also result in a reduction in sewer, water, and recycled October 2012 City of Carisbad Sewer Master Plan and Page 21 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact 3c)-^ Exhibit "EIR-A" water distribution; water pumping capacity; and recycled water treatment. Although this alternative would have a reduced overall footprint In comparison to the proposed Master Plans, It would Involve similar types of uses and construction methods. 2. Findings The City Council finds that this project alternative Infeasible because it falls to meet key project objectives, would result In similar environmental impacts and would not provide all of the facilities required to meet future demand. 3. Facts in Support of Finding The Reduced Footprint Alternative would result in reduced direct impacts to biological resources compared to the proposed CIP projects because the CIP projects that would directly Impact sensitive biological resources would be eliminated. Indirect impacts would be reduced compared to the CIP projects in the proposed Master Plans because less construction would be necessary; however, some mitigation would still be required. The Reduced Footprint Alternative would meet one of the two Sewer Master Plan objectives. This alternative would include a capacity analysis of existing and future sewer collection, but would not recommend a long-term CIP to meet future demand because facilities required to meet future demand would be eliminated under this alternative. The Reduced Footprint Alternative would not fully meet any of the three objectives for the Water Master Plan. This alternative would partially meet two objectives, but would not meet the third objective. This alternative would partially address currently water supply Issues and would evaluate future demands, but would not meet future demand or recommend a CIP for continued reliable water service through service area buildout. The Reduced Footprint Alternative would partially meet one of the four Recycled Water Master Plan Objectives, and would not meet the remaining three. This alternative would find cost effective expansion opportunities, but not to the extent of the proposed Recycled Water Master Plan. This alternative would not maximize recycled water use, optimize the existing and future system configuration, or identify CIP projects to meet future recycled water demand. Additionally, the Reduced Footprint Alternative would result in similar less than significant Impacts, and would require mitigation to reduce impacts to a less than significant level for biological resources and cultural/paleontological resources. The Reduced Footprint Alternative would potential result in the City and/or CMWD not fully satisfying the projected sewer, water, or recycled water demand within their service area. Therefore, the Reduced Footprint Alternative does not provide a comparative environmental advantage over the Sewer, Water, and Recycled Water Master Plans. C. Environmentally Superior Alternative 1. Description CEQA Guidelines Section 15126.6(e)(2) requires that an EIR Identify another alternative as environmentally superior, besides the No Project Alternative. The next environmentally superior alternative would be the Reduced Footprint Alternative. 2. Findings The Reduced Footprint Alternative would reduce, but not eliminate, potential Impacts to biological resources, cultural resources, and paleontological resources. October 2012 City of Carisbad Sewer Master Plan and Page 22 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact 3i Exhibit "EIR-A" 3. Facts in Support of Finding The Reduced Footprint Alternative would result in reduced direct impacts to biological resources compared to the proposed CIP projects because the CIP projects that would directly Impact sensitive biological resources would be eliminated. Indirect impacts would be reduced compared to the CIP projects In the proposed Master Plans because less construction would be necessary; however, some mitigation would still be required. Similar to the proposed Master Plans, construction activities associated with the CIP projects under this alternative, such as grading, trenching, and clearing have the potential to result In significant Impacts to archeologlcal and paleontological resources within the Individual CIP project areas. Impacts would be slightly reduced because less construction would occur; however, mitigation would still be required. SECTION 7. FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM: CEQA requires the Lead Agency approving a project to adopt a monitoring program for changes to the project that It adopts or makes a condition of project approval in order to niitigate or avoid significant effects on the environment and ensure compliance during project implementation. A Mitigation Monitoring and Reporting Program (Exhibit "EIR-B") that accompanies the Final PEIR has been prepared to serve this purpose, and Is hereby adopted by the City Council. SECTION 8. FINDINGS REGARDING THE STATUTORY EXEMPTION FOR PROPOSED CONNECTION FEE PROGRAMS The City Council hereby certifies that the proposed connection fee programs qualify as an action that has been determined by the state Legislature pursuant to Section 15273(a)(4) (Rates, Tolls, Fares, and Charges) of the CEQA Guidelines to be statutorily exempt from CEQA. The connection fee programs proposed under the City of Carisbad 2012 Sewer Master Plans and Carisbad Municipal Water District 2012 Water Master Plan and 2012 Recycled Water Master Plan are necessary to fund the construction of capital improvement projects proposed in the Master Plans. The proposed fee changes are also necessary to maintain service within the existing service areas of the Carisbad Sewer District and the Carisbad Municipal Water District. The connection fee programs would result in economic effects in that it would update the fee structures used to obtain funds for capital projects. However, the connection fee programs are not subject to CEQA (Ibid.) and are exempt from review under CEQA. SECTION 9. RECORD OF PROCEEDINGS The record of proceedings upon which the City Council has based these Findings consists of ali the documents and evidence relied upon by City of Carisbad In preparing the Sewer, Water, and Recycled Water Master Plans Final PEIR. The record of proceedings Is In the custody of: City of Carlsbad OR City of Carlsbad City Clerk City Planner 1200 Carisbad Village Drive 1635 Faraday Avenue Carisbad, CA 92008 Carisbad, CA 92008 October 2012 City of Carisbad Sewer Master Plan and Page 23 of 23 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Findings of Fact 3>H Exhibit "EIR-B" Mitigation Monitoring and Reporting Program forthe City of Carlsbad Sewer Master Plan and Carlsbad Municipal Water District Water and Recycled Water Master Plans Update Program Environmental Impact Report (EIR 12-01) (SCH No. 2012021006) The environmental mitigation measures listed on the following pages 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). Additionally, the City and CMWD have incorporated numerous project design features and construction measures into the project design that are included in an effort to reduce the potential for environmental effects. The CIP projects proposed in the Master Plans would incorporate the applicable Project Design Features that are listed at the end ofthe Mitigation Monitoring and Reporting Program. October 2012 City of Carisbad Sewer Master Plan and Page 1 of 11 ^ CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) ^ S Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B* Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Remarks BIOLOGICAL RESOURCES Blo-IA Project-Level Biological Resource Surveys. During the design phase and prior to the construction of applicable CIP projects, the City and CMWD shall retain a qualified biologist to conduct project-level biological surveys. The surveys shall verify whether the project would occur on or in the immediate vicinity of natural habitat and habitat suitable for special status species. The surveys shall also identify ifthe project could result in direct or indirect impacts to natural habitat and special status species. The survey results shall be submitted to the City and CMWD to determine the need for further surveys and project-level analyses for subsequent CEQA documentation and the issuance of any discretionary actions or permits for the project. Sewer: N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, SR-23 Water: 10,17,47, 55 Recycled Water: ES7 Project Planning Division & Biological Monitor If the Quarry Creek Master Plan project covering CIP projects N-9,55, and ES7 is ultimately approved and developed, the City and CMWD shall implement the specific mitigation requirements ofthe Quarry Creek Master Plan EIR (EIR 11-02) accordingly. Bio-IB HMP Covered Species Surveys and Habitat Mitigation. If it is demonstrated through the implementation of mitigation measure Bio-IA that applicable CIP projects could directly or indirectly impact natural habitat that is suitable for special status species addressed within the Carlsbad HMP, the City and CMWD shall retain a qualified biologist to conduct focused, presence/absence surveys for rare plants and/or protocol-level surveys for special status wildlife species, as determined necessary for subsequent CEQA documentation and the issuance of any discretionary actions or permits for the project. Surveys shall follow protocols and guidelines approved by the USFWS, CDFG, and CNPS, and shall be conducted by qualified biologists permitted by the USFWS and/or CDFG, where applicable, and in accordance with the Carlsbad HMP and Carlsbad Municipal Code. Sewer: N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, SR-23 Water: 10,17,55 Recycled Water: ES7 Project Planning Division & Biological Monitor 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 infonnation. October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 2 of 11 Program EiR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks The City and CMWD shall adhere to the HMP permit and general conditions pertaining to HMP habitat and covered species. Impacts to HMP covered species shall be avoided and minimized to the maximum extent practicable in conformance with the Carlsbad HMP and Carlsbad Municipal Code. Impacts to natural habitat shall be mitigated in accordance with mitigation measure Bio-2A. Bio-lC CIP Project 47 California Gnatcatcher Surveys and Habitat Mitigation. If it is demonstrated through the implementation of mitigation measure Bio-IA that CIP project 47 could directly or indirectly impact the federally threatened coastal California gnatcatcher, the City and CMWD shall implement the following mitigation measures, at minimum, and in addition to any avoidance, minimization, and conservation measures prescribed by the USFWS during consultation and/or permitting: 1. Within one year prior to CIP project construction, the City and CMWD shall retain a permitted biologist to commence focused surveys in accordance with USFWS protocols to determine the presence or absence ofthe coastal California gnatcatcher. Documentation ofthe survey results will be provided to the City and CMWD, and USFWS, within 45 days of completing the final survey. Ifthe coastal California gnatcatcher could be directly or indirectly impacted then in compliance with FESA, and as stated in Section 2.6.1.1 of this EIR, the City and CMWD shall consult and obtain all applicable regulatory permits and authorizations from the USFWS, and the conditions ofthe regulatory permits and authorizations will be implemented accordingly and/or the CIP project would be modified to avoid direct "take" ofthe species and/or minimize adverse affects to the species and occupied habitat. Water: 47 Project Planning Division & Biological Monitor 2. 3. The City and CMWD shall mitigate the loss of habitat according to mitigation measure Bio-2A. Bio-ID Avoidance of Nesting Birds and Raptors. To prevent direct impacts to nesting birds, including raptors, protected under the federal MBTA and CFG Code, the City and CMWD shall enforce the following: Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting seasons, that being from March 15 to May 30, a certified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no Sewer: N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, SR-23 Water: 10,17,47, 55 Recycled Water: ES7 Project Planning Division & Biological Monitor October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 3 of 11 Program EiR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks tree pruning or removal operations can occur until the nests are vacated or until the end ofthe prime breeding season, whichever occurs later. In addition, prior to any tree removal or pruning operations proposed outside ofthe prime nesting season but within the period of January 15 to September 15, a confirmation is required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from a certified biologist consistent with these requirements shall be submitted to the City Planner for review and approval. A note to this effect shall be placed on the construction plans. Bio-IE Pre-Construction Biological Resource Surveys. Prior to construction of CIP projects or portions of projects that will occur within disturbed or developed land, but will be sited immediately adjacent to an undeveloped open space area (i.e., an area supporting naturalized habitat, sensitive habitat, and/or habitat potentially suitable for special status species), the City and CMWD shall retain a qualified biologist to perform a pre-construction survey to verify existing biological resources adjacent to the project construction areas. The City and CMWD shall provide the biologist with a copy ofthe CIP project plans that clearly depict the construction work limits, including construction staging and storage areas, in order to determine which specific portion(s) ofthe project will require inspection of adjacent open space areas during the pre-construction survey. At minimum, the biologist shall perform a visual inspection ofthe adjacent open space area in order to characterize the existing habitat types and determine the lil<elihood for special status species to occur, including the coastal California gnatcatcher, migratory songbirds, and other bird species with the potential to breed in the area. The pre-construction survey results shall be submitted to the City and CMWD prior to construction in order to verify the need for the additional construction measures proposed within Bio-IF through Bio-ll below. Sewer: N-3, N-9, SR-3, SR-9, SR-11, SR-12, SR-15, SR-17, SR-19, SR-22, SR-23, I-l Water: 10,17, 21, 47,48, 55, R3, R5 Recycled Water: ESI, ES2, ESS, ES7, ESS, ES9, ESll, ES14, ES17, ES18 Project Planning Division & Biological Monitor Bio-IF Orange Construction Fencing. If it is confirmed through the implementation of mitigation measure Bio-IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall retain a qualified biologist to supervise the installation of temporary orange construction fencing, which clearly delineates the edge ofthe approved limits of grading and clearing, and the edges of environmentally sensitive areas that occur beyond the approved limits. This fencing shall be installed prior to construction, and maintained forthe duration of construction activity. Fencing shall be installed in a manner that does not Sewer: N-3, N-9, SR-3, SR-9, SR-11, SR-12, SR-15, SR-17, SR-19, SR-22, SR-23, I-l Water: 10,17, 21,47,48, 55, R3, R5 Recycled Water: ESI, ES2, ESS, ES7, ES8, ES9, ESll, ES14, ES17, ES18 Project Planning Division & Biological Monitor October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 4 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation impact habitats to be avoided. If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied and mitigation identified. Temporary orange fencing shall be removed upon completion of construction ofthe project. Implementation of this measure shall be verified by the City prior to and concurrent with construction. Bio-IG Construction-Related Noise. Construction noise created during the general breeding season (January 15 to September 15) that could affect the breeding ofthe coastal California gnatcatcher, migratory songbirds, and other bird species associated with adjacent undeveloped areas shall be avoided. No loud construction noise (exceeding 60 dBA hourly average, adjusted for ambient noise levels, at the nesting site) may take place within 500 feet of active nesting sites during the general breeding season (January 15 through September 15). If it is confirmed through the implementation of mitigation measure Bio- IE that the CIP project could result in construction-related noise impacts to breeding birds during the general breeding season, the City and CMWD shall retain a qualified biologist to monitor the construction operations. The biological monitor shall be present to monitor construction activities that occur adjacent to the undeveloped open space area potentially supporting breeding birds. The monitor shall verify that construction noise levels do not exceed 60 dBA hourly average and shall have the ability to halt construction work, if necessary, and confer with the City, USFWS, and CDFG to ensure the proper implementation of additional protection measures during construction. The biologist shall report any violation to the USFWS and/or CDFG within 24 hours of its occurrence. Sewer: N-3, N-9, SR-3, SR-9, SR-11, SR-12, SR-15, SR-17, SR-19, SR-22, SR-23, I-l Water: 10,17, 21,47,48, 55, R3, R5 Recycled Water: ESI, ES2, ESS, ES7, ES8, ES9, ESll, ES14, ES17, ES18 Project Planning Division & Biological Monitor Bio-IH Construction Staging Areas. If it is confirmed through the implementation of mitigation measure Bio-IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall design final CIP project construction staging areas such that no staging areas shall be located within sensitive habitat areas. The construction contractor shall receive approval by the City Planning & Engineering Divisions prior to mobilizations and staging of equipment outside of the project boundaries. Sewer: N-3, N-9, SR-3, SR-9, SR-11, SR-12, SR-15, SR-17, SR-19, SR-22, SR-23, I-l Water: 10,17,21,47,48, 55, R3, R5 Recycled Water: ESI, ES2, ESS, ES7, ES8, ES9, ESll, ES14, ES17, ES18 Project Planning Division and Engineering Division October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 5 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Shown on Plans Verified Implementation Remarks Bio-ll Contractor Training. If it is confirmed through the implementation of mitigation measure Bio-IE that the CIP project would occur immediately adjacent to sensitive habitat areas and/or habitat potentially suitable for special status species, the City and CMWD shall retain a qualified biologist to attend pre-construction meetings to inform construction crews ofthe sensitive resources and associated avoidance and/or minimization requirements. Sewer: N-3, N-9, SR-3, SR-9, SR-11, SR-12, SR-15, SR-17, SR-19, SR-22, SR-23, I-l Water: 10,17, 21,47,48, 55, R3, R5 Recycled Water: ESI, ES2, ESS, ES7, ES8, ES9, ESll, ES14, ES17, ES18 Project Planning Division & Biological Monitor Bio-2A Habitat Compensation for Projects within Carlsbad. If it is demonstrated through the implementation of mitigation measure Bio-IA that applicable CIP projects could directly impact sensitive natural communities, including Habitat Groups A, B, C, D, E, and F specified in Table 11 and Section D.6 ofthe Carlsbad HMP, the City and CMWD shall implement the following: Sewer: N-3, N-9, SR-3, SR-9, SR-17, SR-19, SR-22, SR-23 Water: 10,17, 55 Recycled Water: ES7 Project Planning Division & Engineering Division 1. Mitigation for unavoidable impacts to Habitat Groups A, B, C, D, E, and F shall be provided according to the ratios specified below and consistent with Table 11 and Section D.6 ofthe Carlsbad HMP: HMP Habitat Mitigation Ratios Habitat Group and Type Mitigation Ratio A. Coastal salt marsh, alkali marsh, freshwater marsh, estuarine, salt pan/ mudflats, riparian forest, riparian woodland, riparian scrub, vernal pools, disturbed wetlands, flood channel, Engelmann oak woodland, coast live oak woodland No net loss; mitigation varies by type of replacement habitat B. Beach, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, native grassland 3:1 C. Coastal sage scrub occupied by coastal California gnatcatcher 2:1 D. Coastal sage scrub unoccupied by coastal California gnatcatcher, coastal sage/chaparral mix, chaparral (excluding southern maritime chaparral) 1:1 E. Non-native grassland 0.5:1 F. Disturbed lands, eucalyptus woodland, agriculture 0.01:1 2. Impacts to Habitat Groups D, E, and F shall be mitigated at the Lake Calavera City Mitigation Bank in accordance with Appendix B of the Carlsbad HMP for covered City projects that are eligible to mitigate October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Page 6 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation 5. impacts at the Lake Calavera City Mitigation Bank. Impacts to Habitat Groups A, B, and C shall be avoided to the maximum extent practicable through project-level siting during CIP project design and trenchless pipeline installation methods (e.g., jack and bore, horizontal directional drilling) during CIP project construction. Unavoidable impacts to Habitat Groups A, B, and C shall be mitigated in-kind through implementation of any one or combination of the following measures, as approved and/or amended by the USFWS, USACE, RWQCB, and/or CDFG, if applicable: a. On site as creation of new habitat within avoided and preserved areas at the CIP project site; b. On site as restoration of existing habitat within temporary impact areas and/or avoided and preserved areas at the CIP project site; c. On site as enhancement of existing habitat within avoided and preserved areas at the CIP project site; d. Off site as purchase of habitat credits within an approved mitigation bank(s) (e.g., Carlsbad Oaks Conservation Bank, North County Habitat Bank); e. Off site as habitat preservation, creation, restoration, and/or enhancement within other properties or approved mitigation programs available at the time of grading; or f. A combination of the above. g. In the Coastal Zone, impacts to Habitat Groups A, B, and C shall be mitigated in accordance with the ratios described in Section D.7 ofthe HMP and shall include at a minimum a 1:1 creation (or substantial restoration when allowed) component to ensure no net loss of habitat. The remainder ofthe mitigation obligation may be satisfied pursuant to the provisions ofthe HMP. The proposed mitigation for impacts to Habitat Groups A, B, and C in the coastal zone is subject to review by the California Coastal Commission. On- or off-site creation, restoration, and/or enhancement mitigation for habitat groups A, B, and C shall consist ofthe following: a. For Habitat Group A types, including riparian and wetland October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-0i; Page 7 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks b. sensitive natural communities (e.g., riparian forest, riparian woodland, riparian scrub, disturbed wetlands, coast live oak woodland), the City or CMWD shall prepare a Riparian/Wetland Habitat Restoration Plan detailing the specific riparian/wetland creation, restoration, and/or enhancement measures to be implemented as project mitigation. The Riparian/Wetland Habitat Restoration Plan shall be approved by the USFWS, USACE, RWQCB, and/or CDFG, as appropriate, prior to vegetation clearing, grading, and/or construction activities. For Habitat Group B types, including upland sensitive natural communities (e.g., maritime succulent scrub, southern maritime chaparral, native grassland), the City or CMWD shall prepare an Upland Habitat Restoration Plan detailing the specific upland habitat creation, restoration, and/or enhancement measures to be implemented as project mitigation. The Upland Habitat Restoration Plan shall be approved by the USFWS and CDFG prior to vegetation clearing, grading, and/or construction activities. For Habitat Group C types (occupied Coastal Sage Scrub), the City or CMWD shall prepare a Coastal Sage Scrub Habitat Restoration Plan detailing the specific coastal sage scrub habitat creation, restoration, and/or enhancement measures to be implemented as project mitigation. The Coastal Sage Scrub Habitat Restoration Plan shall be approved by the USFWS and CDFG prior to vegetation clearing, grading, and/or construction activities. The restoration plans for Habitat Groups A, B, and C shall include a five-year maintenance and monitoring program with a requirement to meet City/Wildlife Agencies approved success criteria. 6. Any upland or riparian/wetland habitat impacts that occur beyond the approved work limits of any CIP project shall be mitigated at a higher ratio to be negotiated with the USFWS, USACE, RWQCB, and/or CDFG. 7. If the Quarry Creek Master Plan project covering CIP projects N-9, 55, and ES7 is ultimately approved and developed, the City and CMWD shall implement the specific mitigation requirements ofthe Quarry Creek Master Plan EIR (EIR 11-02) accordingly. d. October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 8 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Bio-2B Habitat Compensation for Projects Outside of Carlsbad. If it is demonstrated through the implementation of mitigation measure Bio-IA that CIP project 47 could directly impact sensitive natural communities, namely Diegan coastal sage scrub, CMWD shall compensate the loss of' habitat according to the ratios provided below, which would be increased or decreased depending on where the compensatory mitigation would be located and whether the impacted habitat supports special status species or other sensitive resources: Sensitive Natural Community Diegan coastal sage scrub Mitigation Ratio 1:1-2:1 CMWD shall mitigate impacts to Diegan coastal sage scrub in accordance with the compensatory requirements outlined for Habitat Group C within measures 4, 5, 6, and 7 of mitigation measure Bio-2A. Applicable CIP Projects Water: 47 Monitoring Type Project Monitoring Department Planning Division & Biological Monitor Shown on Plans Verified Implementation Remarks CULTURAL AND PALEONTOLOGICAL RESOURCES Cul-1 Cultural Resources Investigation. For the CIP projects proposed in close proximity to a known cultural resource or projects that would result in ground-disturbing activities in a previously undisturbed area, a project-level cultural resources investigation shall be conducted by a qualified cultural resource professional who meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology. The cultural resources investigation shall include: 1. A CIP project site-specific review of the records search data at the South Coastal Information Center shall be conducted to determine if the CIP project site has been subjected to a professional survey. If a current cultural resources report addressing potential impacts on cultural resources is available, the City or CMWD shall implement the mitigation measures provided within the report. In the event that a current and valid report is not available or if the entirety of the CIP project site has not been professionally surveyed, then an updated records search shall be performed. The City or CMWD shall contact the NAHC and local tribal governments for input on the project in order to identify any additional Native American resources that may not be included in the records search. a. Sewer: SR-9, SR-12, SR-14, SR-19, SR-22, SR-23, N-3, N-9 Water: 10,17,47,48, 55 Recycled Water: ES7 Project Planning Division, Engineering Division, Qualified Cultural Resource Professional October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-0i; Page 9 of 11 3. Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure For those CIP project site(s) not addressed by a current cultural resources report (produced within five years of project proposal), a project-level Phase I Cultural Resources Survey shall be prepared.' Updates for all resources encountered during the Phase I survey shall be recorded using Department of Parks and Recreation (DPR) 523 forms in accordance with all applicable regulations. Resources shall be evaluated for significance and eligibility for inclusion in all applicable historic registers using methods such as, but not limited to, subsurface testing and/or archival research. Any subsurface testing would be monitored by an appropriate Native American representative. In the event that such resources are found to be historical resources pursuant to CEQA, potential adverse impacts must be analyzed as stated in PRC Sections 21084.1 and 21083.2(1). Suitable mitigation for significant effects on archaeological resources are outlined in Section 15126.4(b)(3). The City or CMWD shall be responsible for implementing the methods for eliminating or substantially reducing impacts on resources as recommended by the archeologist and in consultation with the Native American Tribe. Such methods could include, but are not limited to: a. Planning construction to avoid archaeological sites; b. Incorporation of sites within parks, greenspace, or other open space; c. Capping or covering a site with a layer of soil before building on the site; Deeding the site into a permanent conservation easement; Excavation (Data Recovery) of archaeological resources; and/or Construction monitoring by a qualified professional and appropriate Native American monitors as identified through consultation with the NAHC or Native American Tribe. The monitor(s) shall be present at all pre-construction meetings. If, as a result of Cul 1(3), it is determined that a CIP project site requires monitoring by a Native American Tribe, then the City or CMWD shall enter into a Pre-Excavation Agreement or Cultural Resource Treatment and Monitoring Agreement with the appropriate Native American Tribe prior to the commencement of earth disturbing activities. October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-0i; Page 10 of 11 Program EIR 12-01 Mitigation Monitoring and Reporting Program Exhibit "EIR-B" Mitigation Measure Applicable CIP Projects Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks If excavation (Data Recovery) is recommended as a result of Cul-1{3), all excavated Native American artifacts shall be repatriated to the Native American Tribe of Most Likely Descendant (MLD) rather than curated. The results ofthe cultural resources investigation shall be compiled into a technical report or memorandum and submitted to the City or CMWD and the South Coastal Information Center. Pal-1 Paleontological Resources investigation. For the proposed CIP projects which are located within the Santiago formation, a project-level paleontological resources investigation shall be conducted by a qualified professional paleontologist in cooperation with the County of San Diego and the San Diego Natural History Museum. The paleontological resources investigation shall include: 1. A review of the records search data for the City and CMWD service area and, if necessary, an updated records search; 2. Project-level pedestrian surveys of portions of the proposed CI P sites where paleontological resources could be encountered based on presence and depth of the sensitive formations; 3. Formal evaluation of any potentially affected paleontological resources to determine whether they qualify as unique paleontological resources; and 4. Recommended measures to avoid, where feasible, impacts on unique paleontological resources, such as preservation in place, planning construction to avoid unique paleontologic sites, placing paleontological sites into permanent conservation easements, or planning parks, green space, or other open space to incorporate paleontological sites. Where avoidance or preservation in place is not feasible, excavation and curation may be recommended as mitigation. 5. The results of the paleontological resources investigation shall be compiled into a technical report or memorandum and submitted to the City or CMWD for further coordination with the San Diego Natural History Museum, as necessary. Sewer: N-9, N-12, SR-14, SR-22, SR-23, I-l Water: 10,17,48, F3 Project Planning Division, Engineering Division, Qualified Professional Paleontologist October 2012 City of Carlsbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01] Page 11 of 11 Exhibit "EIR-B" - Project Design Features Project Design Features Aesthetics The following measures would be implemented into the design and construction of CIP projects to minimize potential effects on aesthetics to neighborhoods surrounding the CIP projects: • Demolition debris will be removed in a timely manner for off-site disposal. • Tree and vegetation removal will be limited to those depicted on construction drawings. • Construction lighting will be shielded or directed away from adjacent residences. • Ali roadway features (signs, pavement delineation, roadway surfaces, etc) and structures within state and private rights-of-way will be protected, maintained In a temporary condition, or restored. • Disturbed areas will be restored following construction consistent with original site conditions and surrounding vegetation. If removed vegetation included invasive plant species, the restored area shall be revegetated with a mix of native, non-invasive plants that are compatible with the surrounding setting. If necessary, a temporary irrigation system will be Installed and maintained by CMWD or the City, or watering trucks will be used at a frequency to be determined by CMWD or the City to maintain successful plant growth. For proposed CIP pipeline projects that would require trenching or that would require the temporary removal of concrete or asphalt, the disturbed area will be repaved to be consistent with the existing material. • Above-ground components such as pump stations wiil be designed with exterior fencing, paint, and vegetative screening to reduce aesthetic impacts in visually sensitive areas. Air Quality The following BMPs would be implemented to minimize fugitive dust emissions and other criteria pollutant emissions during construction of CIP projects: • Water or dust control agents will be applied to active grading areas, unpaved surfaces, and dirt stockpiles as necessary to prevent or suppress particulate matter from becoming airborne. All soil to be stockpiled over 30 days will be protected with a secure tarp or tackifiers to prevent windblown dust. • Covering/tarping will occur on all vehicles hauling dirt or spoils on public roadways unless additional moisture is added to prevent material blow-off during transport. • Dirt and debris spilled onto paved surfaces at the project site and on the adjacent roadway will be swept or vacuumed and disposed of at the end of each workday to reduce resuspension of particulate matter caused by vehicle movement. During periods of soil export or Import, when there are more than six trips per hour, dirt removal from paved surfaces will be done at least twice dally. • Disturbed areas will be revegetated as soon as work In the area Is complete. • Electrical power will be supplied from commercial power supply wherever feasible, to avoid or minimize the use of engine-driven generators. October 2012 City of Carisbad Sewer Master Plan and ' Page 1 of 6 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features Exhibit "EIR-B" - Project Design Features • Air filters on construction equipment engines will be maintained in clean condition according to manufacturers' specifications. • The construction contractor will comply with an approved traffic control plan to reduce non- project traffic congestion impacts. Methods to reduce construction interference with existing traffic and the prevention of truck queuing around local sensitive receptors will be Incorporated Into this plan. • Staging areas for construction equipment will be located as far as practicable from residences. • Trucks and equipment will not idle for more than 15 minutes when not in service. Biological Resources The BMPs Identified In the Carlsbad HMP would be Implemented during the construction and operation of CIP projects to minimize potential effects on biological resources: • Use BMPs to prevent pollution generated by construction activities from entering surface and groundwater. BMPs will also ensure that non-stormwater discharges are not discharged Into stormwater drainage systems. BMPs may include: - Regulatory measures such as erosion control ordinances and floodplain restrictions. - Structural measures such as detention or retention basins, filters, weirs, check dams, or drainage diversions. - Vegetative controls that reduce volume and accomplish pollutant removal by a combination of filtration, sedimentation, and biological uptake. - Maintenance of pump stations, sewer lines, and stormwater conveyance systems. - Cultural practices such as restrictions on pesticide and fertilizer applications, storage or disposal of toxic chemicals, or washing of vehicles or equipment in areas that can drain to the estuary. - Public education programs that educate residences about proper disposal of oil or chemicals and that provide opportunities (e.g. designated locations) for residents to properly dispose of contaminants. • For clearing, grading, and other construction activities within the watershed, ensure that proper irrigation and stormwater runoff mitigation measures are employed to reduce sediment loads and to prevent contamination from pesticide, fertilizers, petroleum products, and other toxic substances. • Restrict or limit recreational or other activities within 200 feet of important forage, breeding, and roosting areas. • Require attenuation measures for activities that generate noise levels greater than 60 dBA If occurring within 200 feet of important breeding habitat during the nesting season. • Restrict construction hours to daytime hours that do not require the use of construction lighting. October 2012 City of Carisbad Sewer Master Plan and Page 2 of 6 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features ll Exhibit "EIR-B" - Project Design Features Cultural and Paleontological Resources The following procedure for unintentional disturbance of cultural resources will be Implemented to minimize impacts to previously unknown archaeological resources during construction of CIP projects: • If subsurface cultural resources are encountered during CIP project construction, or if evidence of an archaeological site or other suspected cultural resources are encountered, all ground- disturbing activity will cease within 100 feet of the resource. A qualified archaeologist will be retained by the City or CMWD to assess the find, and to determine whether the resource requires further study. The assessment shall include consultation with the NAHC or Native American Tribe. Any previously undiscovered resources found during construction will be recorded on appropriate Department of Parks and Recreation (DPR) 523 forms and evaluated by a qualified archaeologist retained by the City or CMWD for significance under all applicable regulatory criteria. No further grading will occur in the area of the discovery until the City and CMWD approves the measures to protect the resources. Any archaeological artifacts recovered as a result of mitigation will be donated to a qualified scientific institution approved by the City or CMWD where they would be afforded long-term preservation to allow future scientific study. Geology and Soils The following measures will be Implemented into the construction and operation of CIP projects to minimize potential risks from geologic and soil hazards: • A site-specific geotechnical Investigation will be completed during the engineering and design of each CIP project that would require excavation in previously undisturbed soil, which would determine the risk to the project associated with fault rupture, groundshaking, liquefaction, landslides, and expansive soils. The geotechnical investigations will describe site-specific conditions and make recommendations that will be incorporated into the construction specifications for the CIP project. Recommendations may include, but would not be limited to the following typical measures: - Over-excavate unsuitable materials and replace them with engineered fill. - Remove loose, unconsolidated soils and replace with properly compacted fill soils, or apply other design stabilization features. - For thicker deposits, implement an applicable compaction technique such as dynamic compaction or compaction piles. - Perform in-situ denslfication of soils or other alterations to the ground characteristics. - For landslides, implement applicable techniques such as stabilization; remedial grading and removal of landslide debris; or avoidance. Hazards and Hazardous Materials The following measures would be implemented into the construction and operation of CIP projects to minimize potential effects related to hazards and hazardous materials: • Fire safety information will be disseminated to construction crews during regular safety meetings. Fire management techniques will be applied during project construction as deemed necessary by the lead agency and depending on-site vegetation and vegetation of surrounding areas. October 2012 City of Carisbad Sewer Master Plan and Page 3 of 6 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features Exhibit "EIR-B" - Project Design Features • A brush management plan will be incorporated during project construction by the City, CMWD, or a contractor, as necessary. Construction within areas of dense foliage during dry conditions will be avoided, when feasible. • In cases where avoidance is not feasible, necessary brush fire prevention and management practices will be incorporated. Specifics of the brush management program will be determined as site plans for the project are finalized. • A site-specific hazardous materials record search for the locations and type of hazardous materials for the site will be done and. If required, a site assessment will be conducted during final design of individual CIP project components. • In order to ensure that the project does not cause a significant hazard to the public or the environment through release of or transport of hazardous materials during construction and operation, the City or its contractors, and the CMWD, will Implement the following project design features: - Pipelines of the project components would be constructed with polyvinyl chloride pipe, or other material, which is highly resistant to rupture. - Pump stations included as part of the project, and stations that will service the proposed project will be designed or constructed with safety features, including an emergency generator on site In case of electrical failure, and sufficient sewage detainment capacity in the event of generator and/or pump mechanism failure to allow time for repair and/or emergency conveyance of the sewage. Portable emergency generators may be used for pump stations that cannot be equipped with an on-site generator. Should emergency leaks or spills occur, the Sewer Prevention and Response Plan for both the City and the CMWD will be implemented. Hydrology and Water Quality The following measures would be implemented into the construction and operation of CIP projects to minimize potential effects to hydrology and water quality: • A construction spill contingency plan will be prepared for new facilities in accordance with County Department of Environmental Health regulations and retained on site by the construction manager. If soil is contaminated by a spill, the soil will be properly removed and transported to a legal disposal site. • If groundwater is encountered and dewatering is required, then the groundwater wiil be disposed of by pumping to the sanitary sewer system or discharging to the storm drain system according to the conditions ofthe appropriate discharge permit. • The lead agencies will consider using pervious or semi-pervious surfaces where possible to reduce the increase in the velocity of peak fiows. • For all potential impacts to natural drainages (I.e., pre-development hydrology), BMPs on site will be used to fully mitigate for project-related contaminants in the surface flows prior to their discharge to streams. • For all trenchless construction activities, the City or CMWD will implement the following methods recommended by the CDFG and USFWS to prevent water pollution: October 2012 City of Carisbad Sewer Master Plan and Page 4 of 6 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features Exhibit "EIR-B" - Project Design Features - Implementation of the following techniques to reduce potential for hydrofracture and inadvertent returns that could pollute nearby water: Sufficient earth cover will be used to increase resistance to hydrofracture. An adequately dense drilling fluid will be used to avoid travel of drilling fluid In porous sands. The bore will be conducted In a manner that avoids collapse. Borehole pressure will be maintained at levels low enough to avoid hydro fracture. Reaming and pullback rates will be maintained at rates slow enough to avoid over- pressurizatlon of the bore. The surface above the vicinity of the drill head will be visually monitored for surface evidence of hydrofracture. Drilling methods will be modified to suit site conditions such that hydrofracture does not occur. Hydrofractures will be cleaned Immediately after they occur. Necessary response equipment will be readily accessible and in good working order. Hydrofracture reporting and cleanup information will be disseminated to construction crews during regular safety meetings. All field personnel will understand their responsibility for timely reporting of hydrofractures. Noise The following measures would be implemented into the construction and operation of CIP projects to minimize noise effect to surrounding neighborhoods: • Heavy equipment will be repaired at sites as far as practical from nearby residences. • Construction equipment, including vehicles, generators and compressors, will be maintained in proper operating condition and will be equipped with manufacturers' standard noise control devices or better (e.g., mufflers, acoustical lagging, and/or engine enclosures). • Construction work, including on-site equipment maintenance and repair, will be limited to the hours specified in the noise ordinance ofthe affected jurisdiction. • Electrical power will be supplied from commercial power supply, wherever feasible. In order to avoid or minimize the use of engine-driven generators. • Staging areas for construction equipment will be located as far as practicable from residences. • Operating equipment will be designed to comply with ail applicable local, state, and federal noise regulations. • If lighted traffic control devices are to be located within 500 feet of residences, the devices will be powered by batteries, solar power, or similar sources, and not by an Internal combustion engine. • The City/CMWD or their construction contractors will provide advance notice, between two and four weeks prior to construction, by mail to all residents or property owners within 300 feet of the alignment. For projects that would require pile driving or blasting, noticing will be provided October 2012 City of Carisbad Sewer Master Plan and CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features Page 5 of 6 SO Exhibit "EIR-B" - Project Design Features to all residents or property owners within 600 feet of the alignment. The announcement will state specifically where and when construction will occur in the area. If construction delays of more than 7 days occur, an additional notice will be made, either in person or by mail. • The CIty/CMWD will identify and provide a public liaison person before and during construction to respond to concerns of neighboring residents about noise and other construction disturbance. The City/CMWD will also establish a program for receiving questions or complaints during construction and develop procedures for responding to callers. Procedures for reaching the public liaison officer via telephone or in person will be Included in notices distributed to the public In accordance with the information above. • For any construction activities which include blasting, a qualified blasting consultant and geotechnical consultant will prepare all required blasting plans and monitor all blasting activities In conformance with the Standards ofthe California Department of Mines. Transportation/Traffic The following measures would be implemented during construction of CIP projects to minimize traffic effects to surrounding neighborhoods: • Prior to construction, the City will prepare a traffic control plan and coordinate with the cities of Oceanside, Vista, and San Marcos to address traffic during construction of project components within the public right-of-ways of the affected jurisdlction(s), including bicycle, pedestrian, and transit facilities. The traffic control plan will Include signage and fiagmen when necessary to allow the heavy equipment to utilize residential streets. The traffic control plan will also include provisions for coordinating with local school hours and emergency service providers regarding construction times. October 2012 City of Carisbad Sewer Master Plan and Page 6 of 6 CMWD Water and Recycled Water Master Plans Program EIR (EIR 12-01) Project Design Features S/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2012-246 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE 2012 SEWER MASTER PLAN AND A CHANGE TO THE SEWER CAPACITY FEE. PROJECT NO. 5511. WHEREAS, on December 12, 2008, the City Council of the City of Carlsbad, California determined It necessary and In the public Interest to enter Into an agreement with Dudek to update the City of Carlsbad's Sewer Master Plan, Project No. 5511; and WHEREAS, Dudek completed the update to the 2012 Sewer Master Plan In accordance with the tasks outlined In its Professional Services Agreement; and WHEREAS, the 2012 City of Carlsbad Sewer Master Plan Update, Incorporated herein by reference, represents a comprehensive program for the phased and orderly development of Improvements to accommodate the future sewer service needs of the City and replacements to correct for deficiencies in the existing sewer system; and WHEREAS, the 2012 City of Carlsbad Sewer Master Plan Update identifies Individual capital improvement projects to construct new facilities, and modify, expand, or replace existing facilities that would be needed to accommodate the demand from future development In the City; and WHEREAS, in order to generate sufficient revenue to construct the identified facilities, the Sewer Capacity fee amount needs to be revised to $842.00 per EDU; and WHEREAS, staff Is recommending that the City Council approve the 2012 Sewer Master Plan Update and revise the Sewer Capacity fee accordingly; and WHEREAS, the City Council did on the 6* day of November, 2012 hold a duly noticed hearing as prescribed by law to consider the proposed 2012 Sewer Master Plan Update and the proposed change In the City's Sewer Capacity fee; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, If any, of all persons desiring to be heard, the City Council considered all factors relating to the 2012 Sewer Master Plan Update and the proposed change In the City's Sewer Capacity fee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council of the City of Carlsbad, California hereby approves the 2012 City of Carlsbad Sewer Master Plan Update. 3. That the City Council hereby approves the revision of the Sewer Capacity fee to $842.00 per equivalent dwelling unit (EDU). 4. That the Sewer Capacity fee change hereby approved shall be effective 60 days after the adoption of this resolution. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// S3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on the 6th day of November, 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackbum, Douglas and Packard NOES: None ABSENT: None ^ ry.-' ..OF- 'v/y^ O, ^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1450 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING THE 2012 WATER MASTER PLAN, AND 2012 RECYCLED WATER MASTER PLAN, PROJECT NO'S 5016 AND 5022. WHEREAS, on July 7, 2009, the Board of Directors of the CMWD determined it necessary and In the public interest to enter into an agreement with Post, Buckley, Shuh & Jernigan, Inc., now called Atkins, for the Water Master Plan Update, Project No. 5016, and a separate agreement with Carollo Engineers to prepare an update to the Recycled Water Master Plan, Project No. 5022. WHEREAS, Atkins completed the update to the Water Master Plan In accordance with the tasks outlined In their Professional Services Agreement; and WHEREAS, Carollo Engineers completed the update to the Recycled Water Master Plan in accordance with the tasks outlined In their Professional Services Agreement; and WHEREAS, the 2012 CMWD Water Master Plan Update, Incorporated herein by reference, represents a comprehensive program for the phased and orderly development of improvements to accommodate the future water distribution needs of the CMWD; and WHEREAS, the 2012 CMWD Recycled Water Master Plan Update, incorporated herein by reference, represents a comprehensive program for the phased and orderly development of improvements to accommodate the future recycled water distribution needs of the CMWD; and WHEREAS, the 2012 Water Master Plan Update and the 2012 Recycled Water Master Plan Update Identifies Individual capital Improvement projects to construct new facilities, and modify, expand, or replace existing facilities that would be needed to accommodate the demand from future development In the CMWD; and WHEREAS, staff Is recommending that the CMWD Board of Directors approve the 2012 Water Master Plan Update, the 2012 Recycled Water Master Plan Update; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the CMWD Board of Directors did on the 6th day of November, 2012 hold a duly noticed hearing as prescribed by law to consider the Water Master Plan Update, the Recycled Water Master Plan Update and the Water and Recycled Water Connection fee change; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, If any, of all persons desiring to be heard, the CMWD Board of Directors considered all factors relating to the Water Master Plan Update and the proposed change In the City's Water and Recycled Water Connection fees. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the CMWD Board of Directors approves the 2012 CMWD Water Master Plan Update, and the 2012 Recycled Water Master Plan Update. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED. APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council, held on the 6th day of November, 2012, by the following vote: AYES: NOES: ABSENT: Board Members Hall, Kulchin, Blackbum, Douglas and Packard None None lATt HALl?, President MA ATTEST *. :c/5 - '^.^ •• • • V PROOF OF PUBLICATION (2010 & 2011 CCP.) This space Is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and c of the County aforesaid: I am over th eighteen years and not a party to or Inte the above-entitled matter. I am the princ of the printer of North County Times Formerly known as the Blade-Citizen Times-Advocate and which newspapers h adjudicated newspapers of general circu the Superior Court of the County of Sa State of California, for the City of Ocean the City of Escondido, Court Decree 171349, for the County of San Diego, notice of which the annexed Is a printed c In type not smaller than nonpariel), h published in each regular and entire issu( newspaper and not In any supplement th the following dates, to-wIt: October 27*^ 2012 Proof of Publication of NOTICE OF PUBLIC HEARING CITY OF CARLSBAD CARLSBAD MUNICIPAL WATER DISTRICT NOTICE IS HEREBY GIVEN to you that the Gity of Carlsbad, in a joint meeting with the Carisbad Municipal Water District (CMWD) Board of Directors, will-hold a public hearing at the Council Chartibers, 1200 Carlsbad VillageDriveCarlsbad,California,at6:00p.m.onTuesday,November6,2012toconsiderastaffrecommendation to certify a Program EIR for and apprqve the City of Carlsbad 2012 Sewer Master Plan Update; 2012 Water Master Plan Update and 2012 Recycled Water Master Plan Update; to approve related sewer fee changes. At the meeting, the Gity Council and CMWD Board of Directors will be considering the following actions: 1 Adopting a resolution certifying the Environmental Impact Report (Em 12-01) for the 2012 Sewer, Water and Recycled Water Master Plans Updates, and adopting the Candidate Findings of Fact and Mitigation Monitoring and Reporting Program, and 2. Adopting a resolution approving the proposed 2012 Sevwer Master Plan Update and the proposed revision to the Sewer Capacity Fee, and 3. Adopting a CMWD resolution approving the proposed 2012 Water Master Plan Update, and 4. Adopting a CMWD resolution approving the proposed 2012 Recycled Water Master Plan Update, and Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill wiil be available on and after November 2.2012. If you have any questions, please call Bill Plummer at 760-602-2768. Copies of the Program EIR, the 2012 Sewer Master Plan Update, the 2012 Water Master Plan Update, and the 2012 Recycled Water Master Plan Update are available for public inspection at the City Clerk's Office, 1^00 Carlsbad Village Drive; or the Planning Division and Utilities Division, 1635 Faraday Avenue, Carlsbad as well as on the City's website at www.carlsbadca.gov/services/utiiities. If you challenge the Environmental Impact Report in court, you may be limited to raising oniy those issues you or someone else raised at the public hearing described in this notice oi; in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: EIR 12-01 CASE NAME: SEWER, WATER, AND RECYCLED WATER MASTER PLANS UPDATE PROGRAM EiR, PROJECT NO'S 5511, 5016, AND 5022 PUBLISH DATE: October 26, 2012 CITY OF CARLSBAD CITY COUNCIL CARLSBAD MUNICIPAL WATER DISTRICT I certify (or declare) under penalty of perjui y unai the foregoing Is true and correct. Dated at ESQ On This 27*' o, California ber, 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she isandatall times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: Oct 26, 2012 Date NOTICE OF PUBUC HEARING CITY OF CARLSBAD CARLOAD MUNICIPAL WATER DISTRICT NOTICE IS HEREBY QIVIN to you that the City of Carlsbad, in a joint iDiseting vath tbe CadEfcad Mmildpial Water I>tstrkt (OMWD^ Board d Directors, witl taoM a {nibUc heaiiiig at the Council Obaaib^. 12100 Carlsbad ViUaige Drive, Oiarteb&d, CaXfomia, at 6:00 pjoiu on TViesday, No^etEnbeir S. 2012 to cmiisiiiler a s^ff rectiaMasndation to certify a Progiaiii EIR fcr and approw<9i th» City df Carlsbad 2012 S*?v«r Ma^iai Flan Update; 2fi12 Water Master Pton tJpda«» and 2012 Il»cycl«ct Water Maeter Flsn Update; to approve related s«war fe» changes. At thd meet- ing, the City Counoil and CMWD Board of Diiectora wUt be oansidering 1. AdoptLog a iBsolati^a CHttifyingr tiw EaTlioimtieDtal Impast Rspoort i,lIR 12r-01) for thai 2012 Ssw^, Water aBd Becyded Water Master Flana Updates, and ai&Tpting tb» Caiididate Fixulings of Fact and Mittgatiou Monitsdng and Repoiting Program, and 2. Adopting a resolution approving the psopoeed 2012 Sawar Marnier Flan Update and tb«> proposed revision to th« Sew%r Capadty Fee. and 3. Aflopting a CMWD leaoiutiffini appoving the proposed 2^012 Watec Master Flan li^data, and 4. Adopting a CMWD reaoiution appioiving th» pitoposed 2012 Racked Water Ms^er Han XJpdate, and Thcee persons wishing to speak on tMs pi«{]o^ are oordialiy invited attend the pubUs healing. Ooipids of tiis agenda bill v?ill b« available on and aft>»r November 2, 2012. If you have ax^ questions, please call Bill Ftonmer at '^0-602-2768. Copies of the Program ElB. the 2012 S«^ei Master Fkn Up4&ite> the 2@12 Vt'ater Master Flan Update, and the 2012 Reeled Wat^ Master Plan Update are availaMe lm publk; insp>ectiGin at th« City Ckck's Office. 12<00 Carlsbad Village Drive; or the Planning Division and Utilities Division, 1@35 Faraday AvQ>nu9, CarM>ad as vfelt ^ on tha City's weibsite at wwwjcarlsbadca.g»v/sM;viees/utitities. tf ymi challenge tl^ Environnaental ImpacH Biepo>tt in oourt^ you may b« Hmited to raising on^ those issues you or somec>ne else raised at th« publk hearing described tn this iMtice or in written <»rreep<aidence d«liver*d to tiie City oif Carlsbad, AttiK City Cleds's Oface, 1200 Carlsbad Vffikg® Dite«, Cadsbad, GA 92006, at m prior to th« public hearing. CASE FILE: EIR 12-01 CASE NABffi: SEWER, WATBH AND RECYCLED WATER MASTER PILANS UPDATE PROGRAM Em. PROJECT NO'S S511. 5016. AND 5022 PUBLISH DATE: OcSober 2S, 2012 CITY OP CARLSBAD aTY COWNECIL CARLSBAD MUNICIPAL WATER DISTRICT Affidavit of Publication of Legal Advertisement Ad# 0010679072# AM3AV-O9-008-1 us ARMY CORPS OF ENG SUITE 105 6010 HIDDEN VALLEY RD CARLSBAD CA 92011-4219 I :,wdn-dO(i pjoqaj a| JSI^ASJ ap SU9S • US FISH & WILDLIFE SERVICE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 I ©09LS ®Aa3AV lueqeB 9\ zasnrtfl CA DEPT OF FISH & GAME ENVIRON SERVICES DIV 3883 RUFFIN RD, STE A SAN DIEGO CA 92123-4813 EXECUTIVE DIRECTOR SANDAG SUITE 800 401 B STREET SAN DIEGO CA 92101 REGIONAL WATER QUALITY CONTROL BOARD - SAN DIEGO REGION (9) 9174 SKY PARK CT, STE 100 SAN DIEGO CA 92123-4340 SAN DIEGO AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 OLIVENHAIN MUNICIPAL WATER DRISTRICT 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 PLANNING DIRECTOR CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069 PLANNING DIRECTOR CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 PLANNING DIRECTOR CITY OF ENCINITAS 505 S VULCAN AVENUE ENCINITAS CA 92024-3633 BILL FIGGEE CALTRANS DISTRICT 11 4050 TAYLOR ST MS 240 SAN DIEGO CA 92110 PLANNING DIRECTOR CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 SAN DIEGO COUNTY WATER AUTHORITY 4677 OVERLAND SAN DIEGO CA 92123 PLANNING DIRECTOR COUNTY OF SAN DIEGO STE B MS 0650 5201 RUFFIN ROAD SAN DIEGO CA 92126 ENCINITAS UNIFIED SCHOOL DISTRICT 101 S RANCHO SANTA FE ROAD ENCINITAS CA 92024 SD COUNTY ARCHAELOGICAL SOCIETY INC PO BOX A-81106 SAN DIEGO CA 92138 CALIFORNIA NATIVE PLANT SOCIETY PO BOX 1390 SAN DIEGO CA 92112-1390 PALOMAR AIRPORT MANAGER 2198 PALOMAR AIRPORT RD CARLSBAD CA 92008 CARLSBAD WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD CA 92008 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 LEUCADIA WATER DISTRICT 1960 LA COSTA AVE CARLSBAD CA 92009 COUNTY OF SAN DIEGO LOGALAGENCY 9335 HAZARD WAY, STE 200 SAN DIEGO CA 92123-1222 NORTH COUNTY TRANSIT DISTRICT 801 MISSION AVE OCEANSIDE CA 92054 SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 CARLSBAD UNIFIED SCHOOL DISTRICT 6226 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS UNIFIED SCHOOL DISTRICT 255 PICO AVE., STE 250 SAN MARCOS CA 92069 COUNTY CLERK COUNTY OF SAN DIEGO MAIL STOP 833 PO BOX 1750 SAN DIEGO CA 92112 SAN DIEGO AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 STATE CLEARINGHOUSE 1400 TENTH STREET SACRAMENTO CA 95814 CALIFORNIA RESOURCES AGENCIES 1416 9"^" STREET, SUITE 1311 SACRAMENTO CA 95814 I Mx36p3 dn-dod asodxd I Ol 3Ui| 6uo|e pusg • ®Q91S 9lB|duiei ®AjeAV asn AM3AV-OD-008-1 UJ03*AjaAe'/VVMAA j )wdn-dod pjoqaj e\ jai^Aaj I sp u!j,e ajnq^eq e| ? zsjiddiy ap suas • NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MALL ROOM 364 SACRAMENTO CA 95814 BUENA VISTA AUDUBON SOCIETY 2202 SOUTH COAST HWY OCEANSIDE CA 92049 VISTA IRRIGATION DISTRICT 1391 ENGINEER STREET VISTA CA 92081 PRESERVE CALAVERA ATTN: DIANE NYGAARD 5020 NIGHTHAWK WAY OCEANSIDE, CA 92056 City of Oceanside Jason Dafforn 300 N. Coast Hwy Oceanside, CA 92054 CALIFORNIA COASTAL COMMISSION ATTN: KANANI BROWN SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 ENDANGERED HABITATS LEAGUE 8424-A SANTA MONICA BLVD #592 LOS ANGELES CA 90069-4267 ENCINA WASTEWATER AUTHORITY 6200 AVENIDA ENCINAS CARLSBAD CA 92009 ALI SHASHANI MANDANA CORPORATION P.O. BOX 18197 IRVINE, CA 92623 George Briest Olivenhain Municipal Water District Engineering Manager 1966 Olivenhain Road Encinitas, CA 92024 I ®09tS ®Aa3AV ^ueqeB a| zasiirtn I ja|ad 9 saipe^ sauanbii^ MICHAEL WILLIAMS C/O SEMPRA ENERGY 8335 CENTURY PARK COURT CP11D SAN DIEGO CA 92123 DEPARTMENT OF TRANSPORTATION AERONAUTICS PROGRAM MS #40 1120 N ST.-ROOM 3300 PO BOX 942874 SACRAMENTO CA 94272-0001 ATKINS ATTN: JOANNE DRAMKO 3570 CARMEL MOUNTAIN RD., STE 300 SAN DIEGO CA 92130 Brian Smith Vista Irrigation District Director of Engineering 1391 Engineer Street Vista, CA 92081 Maria Mariscal SDCWA 4677 Overland Ave. San Diego, CA 92123 I ®09is (S)AU3AV y wx36p3 dn-dod asodxa I ox au!| 6uo|e puag jadej peaj J @09tS aiBiduiai ®AjaAv asn AM3AV-OD-008-1 ! 3w(in-do<i pjoqaj a| ja|aAaj I ap ui^e ainqseq e\ ^ zaiidsti ap suas • JACOB ARIVISTRONG CALTRANS DISTRICT 11 4050 TAYLOR ST MS 240 SAN DIEGO CA 92110 DEPT OF TOXIC SUBSTANCE CONTROL ATTN: RAFIQ AHMED, BROWNFIELDS& ENV. RESTORATION PROGRAM 5796 CORPORATE AVENUE CYPRESS CA 90630 @09I.S ®Aa3AV )ueqe6 a| zasjijin RINCON BAND OF MISSION INDIANS ATTN: ROSE DURO PO BOX 68 VALLEY CENTER, CA 92082 SAN LUIS REY BAND OF MISSION INDIANS ATTN: MERRI LOPEZ-KEIFER 1889 SUNSET DR. VISTA, CA 92081 DON MITCHELL MC MILLIN LAND DEVELOPMENT PO BOX 85104 SAN DIEGO CA 92186 ®09is (§)AU3AV f mx96p3 dn-dod asodxa I Ol auii 6uo|e puag jade<) paaj • ®091S 9ie|diuai @AjaAv asn siaqei ^xiaad Aseq Aa3AV-OD-008-l UJ03'/LiaAe*AAAAAA BARONA GROLIP OF THE CAPITAN GRANDE ATTN: EDWIN ROMERO, CHAIRPERSON 1095 BARONA ROAD LAKESIDE CA 92040 I ;)iii,dn-dOci pjoqaj a| ja|aAaj I ap uj^^e ajni|3eq e| f zai|da^ ^uauiaDJt^MJ ap suas • MESA GRANDE BAND OF MISSION INDIANS AHN: MARK ROMERO, CHAIRPERSON PO BOX 270 SANTA YSABEL CA 92070 ®091S (g)Aa3AV lueqeB a| zasjifin SAN PASQUAL BAND OF MISSION INDIANS AHN: ALLEN E LAWSON, CHAIRPERSON PO BOX 365 VALLEY CENTER CA 92082 PALA BAND OF MISSION INDIANS TRIBAL HISTORICAL PRESERVATION ATTN: SHASTA GAUCHER 35008 PALA TE MECULA RD, PMB 50 PALA, CA 92059 KUMEYAAY CULTURAL HISTORIC COMMITTEE ATTN: RON CHRISTMAN 56 VIEJAS GRADE RD. ALPINE, CA92O01 SAN PASQUAL BAND OF INDIANS ATTN: KRISTIE OROSCO, ENVIRONMENTAL COORDINATOR PO BOX 365 VALLEY CENTER, CA 92082 VIEJAS BAND OF KUMEYAAY INDIANS AHN: ANTHONY R. PICO, CHAIRPERSON PO BOX 908 ALPINE, CA 91903 PECHANGA BAND OF MISSION INDIANS AHN: PAUL MACARRO, CULTURAL RESOURCES MANAGER PO BOX 1477 TEMECULA, CA 92593 KWAAYMII LAGUNA BAND OF MISSION INDIANS AHN: CARMEN LUCAS PO BOX 775 PINE VALLEY, CA 91962 PAUMA & YUIMA RESERVATION ATTN: RANDELL MAJEL, CHAIRPERSON PO BOX 369 PAUMA VALLEY, CA 92061 RINCON BAND OF MISSION INDIANS AHN: TIFFANY WOLFE, CULTURAL & ENVIRONMENTAL PO BOX 68 VALLEY CENTER, CA 92082 SAN LUIS REY BAND OF MISSION INDIANS TRIBAL COUNCIL 1889 SUNSET DR. VISTA, CA 92081 INAJA BAND OF MISSION INDIANS ATTN REBECCA OSUNA, SPOKESPERSON 2005 S. ESCONDIDO BLVD. ESCONDIDO CA 92025 SAN LUIS REY BAND OF MISSION INDIANS CULTURAL DEPARTMENT 1889 SUNSET DR. VISTA, CA 92081 PAUMA VALLEY BAND OF LUISENO INDIANS ATTN: BENNAE CALAC, TRIBAL COUNCIL MEMBER PO BOX 369 PAULA VALLEY, CA 92061 LA JOLLA BAND OF MISSION INDIANS ATTN: JAMES TRUJILLO, VICE CHAIR 22000 HIGHWAY 76 PAUMA VALLEY, CA 92061 IPAI NATION OF SANTA YSABEL ATTN: CLINT LINTON, DIRECTOR OF CULTURAL RESOURCES PO BOX 507 SANTA YSABEL, CA 92070 KUMEYAAY CULTURAL REPATRIATION COMMITTEE ATTN: BERNICE PALPA, VICE SPOKESPERSON PO BOX 1120 BOULEVARD, CA 91905 ®09is ®AH3AV y Mia6p3 dn-dod asodxa I Ol auii 6uo|e puag jadBd paaj [ ®091S aiBidmai ®AjaAV asn Kira Linberg AU Receive-Agenda Item #_ Jir For Ihe Infonnation ofthe: CITYCOUNCjPL t>cA k:AsstCM_cA±:£c From: Sent: To: Cc: Subject: Attachments: Trisha Hill <thill@lwwd.org> Thursday, November 01, 2012 3:05 PM City Clerk Wayne Brechtel; Paul Bushee; Robin Morishita; Chuck LeMay; Jeff Stecker LWD comments on Case File EIR 12-01 Letter to Carlsbad Council EIA 12-12 Ph3 RWP (Nov. 12).pdf DateiL3;_CityManagerJ^ Hello, ' Attached please find Leucadia Wastewater District's comments on the proposed Program EIR for the Proposed Recycled Water Master Plan Update. If you have any questions, please contact Paul Bushee at (760) 753-0155. Best regards, Trisha Hill Executive Assistant Leucadia Wastewater District Ph: (760) 753-0155 ext. 3009 Fax:(760)753-3094 www.lwwd.org Date:_ Distribution: City Clerk Asst. City Clerk Deputy Clerk Book • LEUCAPio WAJTEWATER DhTRICT LEADERS IN ENVIRONMENTAL PROTECTION BOARD Of DIRECTORS juDV K HANiON, PRtS!D£NT ELAINE SULJVAN.YICE PRESIDENT ALLAN JULIUSSEN, DIRECTOR DAViD KULCH!^4. DiRECTOR DONALD F. O/vNSTED, DIRECTOR PAUL j. BUSHEE. GENERAL MANAGER November 1,2012 Ref: 13-3480 City Council, City of Carlsbad Board of Directors, Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 Re- (1) EIR 12-01, Sewer, Water and Recycled Water Master Plans Update Program EIR, Projects 5511, 5018 and 5022; (2) EIA 12-12, Phase III Recycled Water Project MND Honorable Council and Board of Directors: The Leucadia Wastewater District ("LWD") completed its review of the proposed Program EIR for the Proposed Recycled Water Master Plan Update and has serious concerns with the Proqram ElR's failure to accurately describe and disclose potential impacts of the Expansion Segment 8 of the proposed Recycled Water Master Plan ("ESS"). Unlike other elements of the Master Plan that would expand recycled water into areas not currently served. ES8 is desigried to replace an existing public service. The Program EIR is linked to the Phase 111 Recyc ed Water Project Mitigated Negative Declaration ("Phase III MND") which was recently circulated for public review, and LWD comments for that project have previously been provided. We incorporate those comments by reference, and provide a copy as an attachment for your ease of review. ESS includes construction of 2,800 feet of new pipeline across a private resort, golf course and regional waterway to supply recycled water to the south course of the La Costa Resort & Spa. The south course currently receives recycled water from the Gafner Water Reclamation Plant ("Gafner Plant") that is owned and operated by LWD. The effect of ESS would be to terminate the Gafner Plant as the dedicated source of recycled water to the south course and cause abandonment of the facility, which has no other customer for recycled water. The Program EIR failed to address the physical impacts associated with shutting down the Gafner Plant and new impacts that would result from construction of duplicate replacement facilities across a private resort, golf course and regional waterway. Despite the lack of analysis in the Program EIR, the Phase III MND erroneously concludes that the decision to abandon the Gafner Plant has already been made and that construction of the new pipeline will not cause any environmental impacts because it will occur within existing roadways. As describe in more detail below neither assumption is correct, and as a result, both documents fall to meet the requirements of CEQA. I960 LA COSTA AVENUE, CARISBAD. CA 92009 - PHONE 760.755.0155 • FAX 760.753.309^ •iVfWD.ORG • INFO IWWD.ORG LWD submits that construction of a new pipeline to duplicate the service of an existing public fadlity is not a wise expenditure of public funds, use of materials, or consumption of energy. Nonetheless, if the Carlsbad Municipal Water District ("CMWD") wishes to pursue this course of action, it must first prepare an adequate environmental impact report ("Program EIR") that fully discloses and considers all environmental impacts related to construction of new, redundant facilities and the resulting physical shut-down of an existing plant. Proiect Description The Program EIR does not accurately describe the ultimate purpose of the Recycled Water Master Plan, especially the ES8 Project element, .which is to replace and cause the abandonment of the Gafner Plant. According to the Program EIR, recycled water is the lowest cost water supply source, and recycled water use should be maximized. The existing configuration should be optimized and cost effective expansion opportunities should be found. (Program EIR, page 2-2) Contrary to these stated goals, the result of the Recycled Water Master Plan, and specifically ESS, is to avoid purchasing recycled water from LWD, which could ultimately result in shutting down the Gafner Treatment Plant, reducing cost effective recycled water sources. No disclosure or environmental analysis is provided in the Program EIR or Phase III MND regarding the ultimate shuttering of this facility, and yet the Phase III MND identifies the Gafner Plant as an inactive facility. (See, e.g., Phase ill MND, Figure 9.) For the record, the Gafner Plant has been the only supply of recycled water to the south La Costa golf course since the eariy 1960's. Due to increased regulatory requirements there were intermittent periods of time where recycled water was not delivered to south course. The Gafner Plant was upgraded in 1993 to meet new regulatory standards for recycled water, including a one million gallon per day filtration plant that provides a third stage of treatment over and above Gafner's original primary and secondary facilities. LWD has supplied cost effective, high quality recycled water to south La Costa golf course either by way of a direct contract between LWD and La Costa or via an agreement with the City of Carisbad since the early 1960's. Its operations are ongoing and LWD has no plans to abandon the facility. The Proqram EIR and MND Relv Upon Erroneous Statements And Assumptions Contained In The Recvcled Water Master Plan The Program EIR and Phase Hi MND's erroneous conclusions regarding the status of the Gafner Plant appear to be based upon inaccurate statements and conclusions found in its Recycled Water Master Plan ("Master Plan") including the following statements found in the Master Plan at Section 2.7.5, pp. 2-20-21: 1. "CMWD staff have stated that the aging nature of the Gafner WRP has led to a number of operational issues." As the General Manager for owner and operator of the Gafner Plant, I can assure you that this statement is incorrect. The Gafner Plant has, with few interruptions, continuously supplied recycled water to the south golf course under its contract with Carlsbad, since operations of the upgraded facilities began 1993. The facility is state of the art, not an "aging" facility. The primary and secondary facilities were demolished in 2003 and replaced with secondary effluent pumping from the Encina Wastewater Authority (EWA), the same source of secondary effluent fed to the CMWD WRP at Encina. There are no operational issues jeopardizing the viability of the Plant, and most importantly, no plan by LWD to terminate its operation. 2 2. "Gafner WRP has frequent start ups and shut downs that most likely exacerbate the operational issues that CMWD currently pays to resolve." Again this erroneously assumes that there are operational issues. Operations at the Gafner Plant do start up and shut down frequently due to the south course's varying demands for recycled water, which is controlled by the level of the golf course lake. However this is a condition that has existed for decades and it has not Interfered with the viability of the Gafner Plant More important, the price CMWD pays for recycled water has never vaned based upon start ups or shut downs of the Gafner Plant, and would continue if the City were to implement ESS. 3 "[T]he Gafner WRP Is not optimally utilized since the south golf course demand is far less than the minimum amount of recycled water that CMWD is required to purchase from LWWD," "To further compound the problem, the La Costa Resort & Spa further reduces recycled water demand to its south golf course by blending Gafner RWP effluent with potable water to decrease TDS concentrations for Irrigation of golf course tees and putting greens." This assumption is flawed because until recently, LWD was under the impression that it was supplying the full south course demand for recycled water, which is less than the take or pay contract amount with Carisbad. However, the second sentence of this statement reflects the fact that Carisbad has chosen to allow La Costa to supplement its demand with potable water despite the fact that the City's Recycled Water Ordinance No. 43 requires recycled water to be used It is possible that the full take or pay amount could have been utilized under the contract if the City had enforced its own ordinance, which would have saved a significant amount of expenditures for unused recycled water. In addition the quality of the recycled water supplied from Gafner has consistently met requirements of the contract with Carisbad since the advanced treatment facility began operating in 1993. Furilhermore. there is no evidence in the record to indicate that recycled water produced by the City's recycled water system would be any different with regard to its TDS concentrations, and as such the circumstance in which potable water is used would not be changed by implementation of ESS. Therefore. LWD reiterates that the City's assumptions are incorrect and it was at the full discretion of the City to not maximize the take or pay component of the agreement. 4 "[Tlhe La Costa Resort & Spa in 2010 indicated that they are planning on significant changes, which include reducing the amount of irrigated turf, and piping potable water to the greens and tees. These changes will further reduce their irrigation demand on the recycled water supply." According to Page RTC-81, La Costa will be upgrading its golf course irrigation system so that it can irrigate tees and greens with potable water, while using recycled water for the rest of the course This will eliminate the need to blend potable and recycled water for irrigation of the tees and greens, and will result in less potable water use on the golf course. In addition, La Costa also intends to remove turf, which will reduce the amount of recycled water it needs to purchase Presuming these facts are true, they indicate a reduced demand for recycled water. further questioning the logic of expending additional capital funds, resources and energy to provide redundant facilities to provide recycled water to a customer with reduced demand. The Master Plan also includes several other erroneous assumptions regarding the Gafner Plant used as justification for its conclusion that abandoning the Gafner Plant is warranted. For example, the Master Plan assumed that maximizing the Gafner Plant would require replacement of 27,000 feet of secondary effluent retum pipeline from the Encina Wastewater Authority ("EWA") Plant. This pipeline has significant remaining useful life and, therefore, replacement is not needed. The Master Plan includes a cost to expand the Gafner Plant with membrane filtration and reverse osmosis which are not necessary to meet current waste water discharge requirements for the Gafner Plant. As a result of the false assumptions above and others included in the Master Plan, It provides an inflated cost of several million dollars to maximize use ofthe Gafner Plant. (See Master Plan, Section 4.4.3) Therefore, the analysis in the Master Plan is fundamentally flawed. Most importantly, the Master Plan did not consider the alternative of continuing use of the existing Gafner Plant facilities under a renegotiated agreement to continue a service that has been in place for more than 50 years, an alternative that would not require any major capital investment. For example, LWD Staff has been meeting with Carlsbad staff since 2007 with the goal of extending the recycled water agreement for services to the La Costa south course. Although the negotiations between LWD and Carisbad never reached fruition, any conclusions in the Master Plan. Program EIR or the Phase 111 MND that rely upon the price of recycled water as a basis for pursuing abandonment ofthe Gafner Plant are not supportable because the option of modifying the price was never evaluated. The erroneous assumptions and errors in the Master Plan were carried forward into its Program EIR and ultimately into the Phase III MND that includes ESS. These assumptions prevented accurate consideration of environmental impacts and evaluation of alternatives because they resulted in an erroneous Project description, environmental setting and baseline. As a result, the analysis in the Program EIR and the Phase III MND and fundamentally flawed. Land Use. Public Utility and Visual Impacts The Program EIR failed to acknowledge the impact of causing the abandonment of the Gafner Plant, a public facility that is currently operational. ESS would provide a utility service that is already being provided by an existing facility. The Program EIR has failed to analyze the potential impact that would result from the loss of a source for recycled water capacity if the Gafner Plant is forced to be abandoned. Furthermore, the Program EIR failed to identify the potential land use and visual impacts associated with shuttering the Gafner facility. A similar facility within the City that was not used became an eyesore and a target for vandalism causing sewer spills. The site ofthe Treatment Plant sits in a valley and is only accessible from Tamarack Avenue. Over the years, the site has been utilized by different City Departments for storage and training. However, at this time only a small portion ofthe site is being utilized for utilities operations. The l/l/astewafer Treatment Plant is not being utilized and the buildings and treatment facility have deteriorated. The site contains four buildings, several holding tanJ<s, and two large aeration ditches that are partially filled with water, and are in declining condition. On September 28, 2009, City of Carlsbad staff discovered a sewer main spill at a manhole located in the vicinity of the abandoned Calavera Hills 4 Wastewater Treatment Plant. Staff found a large amount of debris had been placed into the sewer main by vandals, causing the spill. Because ofthe facility location, It Is often the subject of vandalism. (Agenda Bill, 20,656 dated 8/23/2011 refenring to the Calavera Hills Wastewater Treatment Plant which was recently demolished by the City) The Program EIR failed to identify potential future uses for the Gafner Plant, or the potential for similar land use conflicts in the future, should the plant be abandoned. Flooding. Water Qualitv and Biological Impacts The MND failed to disclose and discuss significant potential impacts to flooding, water quality and biological resources, particulariy those associated with wetland habitats due to, among other things, the following: 1 The Program EIR failed to identify floodplain and water quality issues related to the South course of the La Costa golf course, which is in the 100 year floodplain. Page 4.9- 16 indicates that there is no potential for the recycled water CIP projects to impact flooding, but failed to mention that the recycled water pipes would be attached to the bridges on El Camino Real and La Costa Canyon in some fashion, and no analysis has been conducted regarding the potential for these bridge modifications to impact flooding or water quality. No site specific surveys have been conducted, and thus there is no evidence to conclude that impacts to biological and wetland resources can be avoided or mitigated. 2 Mitigation measure Bio-IE does not clearly specify that preconstruction biological resource surveys will identify active nesting locations within and adjacent to the construction footprint. Cultural Resource Impacts The Program EIR failed to identify the potential for the proposed trenchless construction for E,S8 to Impact archaeological and paleontological resources within the San Marcos Creek floodplain. Page 4 4-16 indicates that there is no potential for impacts from ESS to archaeological or paleontological resources, because all construction would occur within disturbed or developed land However a portion of ES8 includes construction within the San Marcos Creek floodplain, and the "jack and bore" construction under San Marcos Creek has the potential to impact archaeological and paleontological resources. The MND failed to identify and mitigate for archeologlcal and paleontological Impacts from ESS. Energy Impacts Page 4 5-3 states that signiflcant impacts would occur if the Master Plan would result In the wasteful inefflcient. and unnecessary consumption of energy and yet the Program EIR failed to identify the signiflcant impact of the Recycled Water Master Plan and ESS. which would require construction of duplicate and unnecessary facilities to provide a service that is already existing, thereby resulting in the unnecessary consumption of energy and resources. Demolition Impacts The Program EIR completely failed to address the potential impacts that would be associated with demolition and replacement of the Gafner Plant if ESS forces the shutdown of the facility. Demolition of the Gafner Plant would be a substantial project that would have the potential to cause significant air quality, traffic and other environmental impacts, such as hazardous waste associated with removal of the materials. The Program EIR completely failed to address the consequences of its unilateral attempt to cause the abandonment and demolition of the Gafner Plant. Alternatives The Program ElR's alternative analysis is fundamentally flawed, because it failed to include an alternative that includes continued use of the Gafner facility. The only alternative is the Reduced Footprint Alternative, which includes elements ES7 and ESS of the Recycled Water Master Plan. (Program EIR, page 6-6). As stated above, the Master Plan did not consider the alternative of continuing use of the existing Gafner Plant facilities under a renegotiated agreement to continue a service that has been in place for more than 50 years, an alternative that would not require any major capital investment. Any conclusions in the Master Plan, Program EIR or the Phase 111 MND that rely upon the price of recycled water as a basis for pursuing abandonment of the Gafner Plant are not supportable because the option of modifying the price was never evaluated. Conclusion LWD appreciates the CMWD's desire to expand its recycled water capacity for the region. However, LWD takes issue with the CMWD's assumption that the Gafner Plant is no longer viable and assumption that it makes sense from an environmental or public policy point of view to replace one public facility with another. Surely, in today's environment where public resources are scarce, there is no justification for a public agency to expend public funds to duplicate what is already in existence. For these reasons, LWD respectfully submits that the best course of action will be for the CMWD to abandon the ESS segment of the Project. OthenA/ise, if the CMWD wishes to pursue ESS, it must first prepare an environmental Impact report that (I) fully discloses potential impacts associated with construction of new, redundant facilities and the destruction of existing public facility, (li) identifies altematives that could avoid significant impacts and (Iii) identifies mitigation measures that could reduce impacts to a level below significance. ^st regards, Paul J. Pljshee ' General Manager cc: File attachment "^L^^UtinlilB LEADERS IN ENVIRONMENTAL PROTECTION DIHRiCT BOARD OF DIRECTORS JUDY K. HANSON, PRESIDENT ELAINE SULLIVAN. VKE fflESiDENT ALIAN iULlUSSEN, DIRECTOR PAViD KULCHiN. Dir^ECTOil DONALD F. 0/ASTED, DIRECTOR PAUL i. BUSHEE, oENERALAAANACER October 19, 2012 Ref: 13-3462 Barbara Kennedy, Associate Planner Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Proposed Mitigated Negative Declaration Phase III Recycled Water Project El Al 2-02) Dear Ms. Kennedy: The Leucadia Wastewater District ("LWD") completed. its review of the proposed Mitigated Negative Declaration ("MND") for the Phase 111 Recycled Water Project and has serious concerns with the document's failure to accurately describe and disclose potentia impacts o the Expansion Segment 8 of the proposed Project ("ES8"). Unlike other elements of the Project that would expand recycled water into areas not currently served, ESS is designed to replace an existing public service. ESS includes a construction of approximately 2,800 linear feet of new pipeline across a private resort golf course and regional waterway to supply recycled water to the south course of the La Costa Resort: & Spa. The south course currently receives recycled water from the Gafner Water Reclamation Plant ("Gafner Plant") that is owned and operated by LWD. The effed of ES8 would be to terminate the Gafner Plant as the dedicated source of recycled water to the south course and cause abandonment of the facility, which has no other customer for recyc ed water The MND fails to address the physical impacts associated with shutting down the Gafner I lant and new impacts that would result from construction of duplicate replacement facilities across a private resort, golf course and regional waterway. Instead, the MND en-oneously concludes that the decision to abandon the Gafner Plant has already been made and that construction of the new pipeline will not cause any environmental impacts because it will occur within existing roadways. As describe in more detail below, neither assumption is correct. LWD submits that construction of a new pipeline to duplicate the service of an existing public facility is not a wise expenditure of public funds. Nonetheless, if the Carlsbad Municipal Waier District ("CMWD") wishes to pursue this course of action, it must first prepare and environmenial imoact report ("EIR") that fully discloses and considers all environmental impacts related to construction of new, redundant facilities and the resulting physical shut-down of an existing plant. 960 LA COSTA .AVENUE, CARLSBAD, CA 92009 • PHOME 760.753.0155 • FA.K 760.753.3094 -LVA^D.ORC • INFO LWWD.ORC Proiect Description The Project description for the ESS segment does not accurately describe the ultimate purpose of the ESS Project element, which is to replace and cause the abandonment of the Gafner Plant Instead, the MND erroneously identifies the Gafner Plant as an Inactive facility (See, e.g., Figure 9.). For the record, the Gafner Plant has been the only supply of recycled water to the south La Costa golf course since the early 1960's. Due to increased regulatory requirements there were intermittent periods of time where recycled water was not delivered to south course. The Gafner Plant was upgraded in 1993 to meet new regulatory standards for recycled water, including a one million gallon per day filtration plant that provides a third stage of treatment over and above Gafner's original primary and secondary facilities. LWD has supplied recycled water to south La Costa golf course either by way of a direct contract between LWD and La Costa or via an agreement with the City of Carlsbad since the eariy 1960's. Its operations are ongoing and LWD has no plans to abandon the facility. The MND Relied Upon Erroneous Statements And Assumptions Contained In The Recycled Water Master Plan The MND's erroneous conclusions regarding the status of the Gafner Plant appear to be based upon inaccurate statements and conclusions found in its Recycled Water Master Plan ("Master Plan") and its EIR that were recently circulated for public review and comment, Including the following statements found In the Master Plan at Section 2.7.5, pp. 2-20-21: 1. "CMWD staff have stated that the aging nature of the Gafner WRP has led to a number of operational issues" As the General Manager for owner and operator of the Gafner Plant, 1 can assure you that this statement is incorrect. The Gafner Plant has. with few interruptions, continuously supplied recycled water to under its contract with Carisbad, since operations of the upgraded facilities began in 1993. There are no operational issues jeopardizing the viability of the Plant, and most importantly, no plan by LWD to terminate its operation. 2. "Gafner WRP has frequent start ups and shut downs that most likely exacerbate the operational issues that CMWD currently pays to resolve." Again, this erroneously assumes that there are operational issues. Operations at the Gafner Plant do start up and shut down frequently due to the south course's varying demands for recycled water. However, this is a condition that has existed for decades and it has not interfered with the viability of the Gafner Plant. More important, the price CMWD pays for recycled water has never varied based upon start ups or shut downs of the Gafner Plant. 3. "Ulhe Gafner WRP is not optimally utilized since the south golf course demand is far less than the minimum amount of recycled water that CMWD Is required to purchase from LWWD, To further compound the problem, the La Costa Resort & Spa further reduces recycled water demand to its south golf course by blending Gafner RWP effluent with potable water to decrease TDS concentrations for irrigation of golf course tees and putting greens." This assumption is flawed because, until recently, LWD was under the Impression that it was supplying the full south course demand for recycled water, which is less than the take or pay contract amount with Carlsbad. However, the second sentence of this statement reflects the fact that Carisbad has chosen to allow La Costa to supplement its demand with potable water despite the fact that the City's Recycled Water Ordinance No. 43 requires recycled water to be used. It is possible that the full take or pay amount could have been utilized under the contract if the City had followed its own ordinance, which would have saved a significant amount of expenditures for unused recycled water. In ,HHitinn thP ouaiitv of the recvcled water supplied from Gafner has consistently met lufreSs of T conC Jim Carisbad since the advanced treatment facility began LnBraZ in 1993 Furthenriore, there is no evidence in the record to indicate that recycled S produced by the CKy™ 4cycled water system would be any different with regart to its TOS crceSons and as such the clmumstance in which potable water is used would not be Serby thrProject. Therefore, LWD reiterates that the City's assumptions are incorre^ and fwas at the full disc^tion of the City to not maximize the take or pay component of the agreement. A "mhe La Costa Resort & Spa in 2010 indicated that they are planning on significant cS^aes whllh include reducing the amount of irrigated turf, and pip ng potable water to thramens and tees These changes will further reduce their irrigation demand on the Icyld ^ater furt'her'questioning the logic of expending f^'IW-tTm nd ' redundant facilities to provide recycled water to a customer with reduced demand. The Master Plan also includes several other erroneous assumptions regarding the Gafner Plant Led as iusttfS for its conclusion that abandoning the Gafner Plant ,s warranted, Fo examofe the Mas er Plan assumed that maximizing the Gafner Plant would require replacement or2Tmo feet rfsec^ondary affluent return pipeline from the Encina Wastewater Authority rEWA°?Plant This ptoeHne has significant remaining useful life and, therefore, replacement is n^^eed^ The MasTr includes a cost to expand the Gafner Plant with membrane firt afion and reverse osmosis which are not necessary to meet current waste water discharge rSrements forthe Gafner Plant. As a result of the false assumptions above and others Sedtn the Master Plan, it provides an inflated cost of several million dollars to maximize use of the Gafner Plant (See Section 4,4.3) Most importantly, the Master Plan did not consider the altemative of =on«""i"9. f ^, °/ Snq Gainer Plant facilities under a renegotiated agreement to continue a service that has hP^n in n^ace for more than 50 years, an altemative that would not require any major capita investment FoTexarp^ has been meeting with Carisbad staff since 2007 wrth goal of eMg the Recycled water agreement for services to the La Costa south course. Although the S^atons between LWD and Carlsbad never reached fruition, any conclusions in the MND tha rely upon the price of recycled water as a basis for pursuing abandonment of the Gafner Plart are not supportable because the option of modifying the pnce has never been pursued by CMWD, The erroneous assumptions and errors in the Master Plan were carried forward into its prograni EIR and ul?imately into the Project MND that includes ESS, These assumptions prevented alSe coSeration of environmental impacts because they resulted in an erroneous Project description, environmental setting and baseline. Biological and Wetland Impacts The MND falls to disclose and discuss significant potential Impacts to biological resources, particulariy those associated with wetland habitats due to, among other things, the following: 1 The Notice Of Completion Form fails to identify two watenways within two miles of the proposed Secf including Lagoon, and Encinitas Creek. Segment ESS is within two miles of these watenA/ays. In addition, Figure 9 does not identify San Marcos Creek, which crosses El 'Camino Real, and Encinitas Creek, which crosses La Costa Avenue. Attached please find a Google earth image which shows these creeks, which drain into Batiquitos Lagoon. Both El Camino Real and La Costa Avenue currently have bridges that cross these creeks. 2 The MND analysis of flood plain issues is inadequate. Page IS-51 identifies the Mearkle Dam as " being in close proximity to ESS, when in reality, this dam is far from the project site and poses little threat. We have attached a second Google image that identifies the location of the Meark e Dam In relation to the ESS expansion site for reference. At the same time, the MND fails to identify floodpiains/flooding issues related to the South course of the La Costa golf course, which is in the 100 year floodplain. The MND fails to disclose how the new ES8 pipeline to the south golf course would impact the 100 year floodplain and San Marcos Creek. Page »S-50 indicates that there is no potential to impact flooding because the pipelines would be underground, but fails to menfion that the pipes would be attached to the bridges on El Camino Real and La Costa Canyon in some fashion, and no analysis has been conducted regarding the potential for these bridge modificafions to impact flooding. Furthermore, there is no information provided to describe how ESS construction would occur within the floodplain of San Marcos Creek, where the pipeline leaves El Camino Real. 3 The MND erroneously states that the Project will occur within "public rights of way and easements." However, the ESS includes a segment of pipeline on the La Costa Resort where the Citv does not currently have an easement, and as indicated above, this area is within the floodplain of San Marcos Creek. As a result, the MND assumption that there will be no impacts because all Project activity will be within exisfing rights of way and easements is not supported by evidence. 4 The MND fails to identify potential impacts to weflands and riparian habitats that could result • from the Installafion of the ESS pipeline extension. The MND indicates that trenchless methods will be used to install the San Marcos Creek crossing in the south La Costa golf course for ES8. (Construction Schedule and Methods, p. IS-16.) However, there is no discussiori of the specific method that would be used to cross the San Marcos Creek along El Camino Real, and Encinitas Creek along La Costa Avenue. As indicated above, there are bridges crossing these creeks and each of these areas. Large areas of salt marsh occupy the margins of Batiquitos Lagoon and significant strands of fresh water marsh are present where the San Marcos and Encinitas Creeks enter the Lagoon, under the bridges on El Camino Real and Encinitas Creek and the potential for a Project to create direct significant impacts during construction has not been adequately assessed. No mitigation for these potential impacts has been provided. Furthermore the MND indicates that the "jack and bore" trenchless method would be used for the crossing of the San Marcos Creek in the South La Costa Golf Course. This Is the not the most cost effective or appropriate method for crossing a creek with a pressure pipeline. Generally Horizontal Directional Drilling methods are used. Without addifional information, there is no evidence in the record to support a finding that no potentially significant environmental impacts to biological resources and weflands would occur. Archeology Impacts The MND fails to Identify the potenfial for the proposed trenchless construction to impact archeologlcal resources within the San Marcos Creek floodplain. Page lS-37 indicates that there is no potential for impacts to archeologlcal resources, because all construction would occur within public rights of way. However a portion of ES8 includes construction within the San Marcos Creek floodplain, and the jack and bore" construction under San Marcos Creek has the potential to impact archeological resources. The MND fails to identify and mitigate for archeological impacts. Public Utility Impacts Th» MNin faih to acknowledqe the impact of causing the abandonment of the Gafner Plant, a public InnivTatt cJ^-renrSb^ The Gafner Plant is repeatedly described as an inactive facility cre^a the erron^^^^^^ proposed abandonment is an existing condition (See Figures 2 andTDaaes lS-5 a^^^^ The reality is that the proposed Project would result ,n 'ianificanSronmS effects to provide a utility service that is already being provided by an existing SrThe MNS has failed te analyze the potential Impact that would result from the loss of recycled water capacity if the Gafner Plant is forced to be abandoned. Demolition Impacts ThP MND comoletelv fails to address the potential impacts that would be associated with demolition Ind re^ceS onL Gafner Plant if ESS forces the shutdown of the facility, Demolrtion of the Ga ner P^n cS be a bo ent^l outcome of the project that would have the potential to cause significant air Sitv traffic and'^of^^^^ impacts, such as hazard waste assodated with removal of the rateriairThe MNrcompletely falls to address the consequences of its unilateral attempt to cause the abandonment and demolition of the Gafner Plant, Conclusion I WD aooreciates the CMWD's desire to expand its recycled water capacity tor the region. However LWD tatesTssue witrthe CMWD's assumption that the Gafner Plant is no longer viable and al^umSn t^at makes sense from an environmental or public policy point of view to '^P^oe one DubrSv v^th another. Surely, in today's environment where public resources ai« scarce, there is nolustfficafen for a pubfc agency to expend public funds to duplicate what is already in e^stenca F°r these reatrs LwHspe^^^^ submits that the best course of action will be for the CMWD to ^3 ES8 segr^e^^^^^^^ Othen«ise, if the CMWD wishes to pursue ESS, rt nriust first oreoarrrn envLnmenta impact riport that (i) fully discloses potential impacts associated with nnnl?rtfon o^new redundant facilities and the destruction of existing public facility, (ii) identifies Xr"th1t ^ol avdS Siflcant Impacts and (iii) identifies mitigation measures that could reduce impacts to a level below significance. §e€t^l^gards, //pauhr,' Bljshee General Manager cc: File lOogle earth ™^ 2012 Master Plans for Sewer, Water & Recycled Water and Program EIR 12-01 Presentation for Public Hearing November 6, 2012 Sewer Master Plan - Service Area 2 30.5 square miles Encina Treatment Plant Sewer Master Plan - Flow Projections 3 10 mgd Sewer MP – CIP Recommendations •Capacity Improvements ($106 million): –Vista/Carlsbad Interceptor & Buena Interceptor –5 Collector Sewers –Pay for Cost share of EWPCF Phase IV and V Expansions •Replacement Improvements ($23 million): –Ponto Interceptor –25 Collector sewers –Remove Gateshead, Simsbury, and Vancouver Lift stations (saving ongoing power & maintenance) –Replace 2 Lift Stations (Homeplant, Terramar) –Upgrade 4 Lift Stations •Reduce Sewer Connection fee from $1,096 to $842/EDU 4 Water MP - Service Area (CMWD) 5 32.32 square miles Potable Water System 6 CWA #1 CWA #2 CWA #3 CWA #4 CMWD Population and Potable Water Demands 7 0 5,000 10,000 15,000 20,000 25,000 0 20,000 40,000 60,000 80,000 100,000 120,000 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 Carlsbad water use, ac-ft/yr Population Year Historical Population Projected Population Historical Potable Water Use Projected Potable Water Use 101,000 23,286 AFY 16,170 AFY Water MP – Recommended Supply Mix 8 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2005 2010 2015 2020 2025 2030 2035Water use, ac-ft/yr Year Additional Water Uses and Losses (including recycled water)Water Sales Potable Water Imported, Groundwater, Desalinated Seawater Recycled Water 23,286 6,500 Imported Water Sources Colorado River Aqueduct State Water Project 9 Colorado River , Grand Canyon Bay-Delta CMWD’s Local Water Sources Surface Water (not recommended) •Calavera Creek (150 AFY) •Agua Hedionda (25 AFY) Groundwater •Mission Basin (2382 AFY) •Agua Hedionda (400 AFY) 10 Lake Calavera Local Water Sources cont. •Desalinated Seawater (Direct or Indirect) •Recycled Water 11 Water MP - CIP Recommendations Capacity Improvements ($26.2 million) •New Pipelines: 4.9 miles •Pump Station Upgrades: Calavera & Maerkle •Groundwater: Mission Basin & Agua Hedionda Ck. Replacement Improvements ($71.5 million) •Pipelines: 6.1 miles •Pump stations: Remove Buena & Ellery •Tanks : remove Buena & E; repair & maint. others •Hydroelectric: Construct at 2 locations 12 Recycled Water System 13 Recycled Water Master Plan CIP Recommendations (4100 to 6500 afy) Improvements for Build-Out ($83.7 million): •New Pipelines: 54.4 miles •New Services: 657 •Tanks: 2 additional (Twin D and Santa Fe I) •Chlorination System at “C” tank •Treatment: 4 mgd & 3 mgd expansions @ CWRF •Wholesale to 4 outside agencies: VID, VWD, OMWD & Oceanside 14 Environmental Review Process 15 •Program EIR vs. Project EIR –Evaluates program-level impacts of the Sewer, Water and Recycled Water Master Plans •CEQA process –Notice of Preparation (issued January 12, 2012) –Public Scoping Meeting (February 9, 2012) •Draft Program EIR - 45-day Public Review Period (July 19 – September 4, 2012) •Response to comments is included in the Final Program EIR Program EIR Conclusions 16 •Most impacts are less than significant •No additional CEQA review required for many projects: –Most projects are located within existing disturbed areas –Lack of sensitive resources in project footprints –Project Design Features and construction measures are built into the project Program EIR Conclusions 17 •Initial Study checklist will be used to determine if additional CEQA review is required •Mitigation Measures can be incorporated into project requirements •Projects requiring further environmental review: –Facility sizes/alignments not yet defined –Projects that could impact areas of sensitive habitat –Projects that could impact cultural or archeological resources Program EIR Findings 18 •Most issue areas would not result in significant impacts and do not require mitigation measures •Impacts would be less than significant after mitigation is incorporated •There are no significant unmitigable impacts – No Statement of Overriding Considerations Program EIR Findings 19 •City action includes: –Certification of Final Program EIR –Adoption of: •Candidate Findings of Fact •Mitigation Monitoring and Reporting Program •Finding of Exemption for Sewer Capacity Connection fee changes Recommended Actions •Certify Program EIR 12-01 •Approve 2012 Carlsbad Sewer Master Plan & revised Sewer Capacity Fee •Approve 2012 CMWD Water Master Plan •Approve 2012 CMWD Recycled Water Master Plan Questions 21