MITIGATION MONITORING AND REPORTING PROGRAM FOR THE BUENA OUTFALL FORCE MAIN PHASE III PROJECT. September 2014

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1 MITIGATION ING AND REPORTING PROGRAM FOR THE BUENA OUTFALL FORCE MAIN PHASE III PROJECT September 2014 PROJECT NAME: Buena Outfall Force Main Phase III Project (CIP 8131) DESCRIPTION: The is proposing to construct a new Buena Outfall that begins at an existing force main just east of manhole #55A. The proposed project will replace and re-route the existing Buena Outfall. The Buena Outfall starts as a pressurized force main then continues across El Camino Real, parallel to the existing Buena Outfall sewer, approximately 650 feet southwest to the north side of Palomar Airport Road. The force main then proceeds within the westbound lanes of Palomar Airport Road towards the intersection of Yarrow Drive and Palomar Airport Road. The alignment continues west for approximately 2,600 feet to a high point before the intersection of Yarrow and Palomar Airport Road. A proposed manhole will be placed where the force main will end and discharge into the proposed gravity sewer and continue approximately another 5,500 feet in the westbound lanes of Palomar Airport Road. At approximately Palomar Oaks Way, the pipeline would transitions to force main and continues to the intersection of Palomar Airport Road and Paseo Del Norte. The pipeline will then transition back to a gravity sewer main and turn south and proceed within the southbound lanes of Paseo Del Norte a distance of approximately 1,200 feet and tie into the existing 48-inch and 30-inch trunks sewers, which flow, to the Encina Water Pollution Control Facility located west of Interstate 5. LOCATION: The project alignment begins at the northeast corner of the intersection of Palomar Airport Road and El Camino Real, traverses within the westbound lanes of Palomar Airport Road and terminates within Paseo Del Norte, approximately 1,200 feet south of Palomar Airport Road, in the City of Carlsbad, northwestern San Diego County. The following Mitigation Measures are to be implemented before, during or after in accordance with the project conditions of approval, thereby reducing all identified potentially significant impacts to a less than significant level. Buena Sanitation September 2014

2 AQ-1 All equipment will be maintained at appropriate mechanical and electronic tuning levels per the manufacturer's specifications. Diesel equipment, including dump trucks waiting to deliver or receive soil, gravel, aggregate or other bulk materials, standing idle for more than five minutes shall be turned off in accordance with the Regulation for In-Use Off-Road Vehicles (California Code of Regulations Title 13, Article 4.8, Chapter 9, Section 2449(d)(3)), which took effect June 15, 2008: (A) Idling Limit No Vehicles or engines subject to this regulation may idle for more than five consecutive minutes. Idling of a vehicle that is owned by a rental company is the responsibility of the renter or lessee, and the rental agreement should so indicate. The idling limit does not apply to: 1. Idling when queuing, 2. Idling to verify that the vehicle is in safe operating condition, 3. Idling for testing, servicing, repairing or diagnostic purposes, 4. Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane), During 5. Idling required to bring the machine system to operating temperature, and 6. Idling necessary to ensure safe operation of the vehicle (B) Written Idling Policy As of March 1, 2009, medium and large fleets must also have a written idling policy that is made available to operators of the vehicles and informs them that idling is limited to five consecutive minutes or less. (C) Waiver A fleet owner may apply to the Executive Officer for a waiver to allow additional idling in excess of five consecutive minutes. The Executive Officer shall grant such a request upon finding that the fleet owner has provided sufficient justification that such idling is necessary. AQ 2 Project shall implement the following measure in order to minimize -related emissions due to dust: Limit traffic speeds on unpaved roads to 15 mph. During Buena Sanitation September 2014

3 BIO 1 In order to avoid impacts to adjacent open space habitats during, open space interfaces will require temporary orange fencing which clearly delineates the edge of the approved limits of grading and clearing and environmentally sensitive areas beyond. This fencing shall be installed in all areas adjacent to protected open spaces, and shall be installed prior to, and maintained for the duration of activity. Fencing shall be installed in a manner that does not impact habitats to be avoided. At least seven days prior to initiating project impacts, the final plans and photographs for initial clearing and grubbing of habitat and project shall be submitted to the for review and approval. These final plans shall include photographs that show the fenced limits of impact and all areas to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work in the area shall cease until the problem has been remedied and mitigation identified, to the satisfaction of a qualified biological monitor. Temporary orange fencing shall be removed upon completion of of the project. BIO 2 The shall install temporary silt barriers along the limits of project impacts (including staging areas and access routes) adjacent to open space habitats to prevent additional habitat impacts and prevent the spread of silt from the zone into adjacent habitats to be avoided. Silt fencing shall be installed in a manner that does not impact habitats to be avoided. BIO 3 In order to adequately protect the adjacent open spaces, the shall ensure that the following mitigation measures are implemented during project by incorporating them into the design/contractor specifications of the project: Employees shall strictly limit their activities, vehicles, equipment and materials to the fenced project footprint; Pets of project personnel shall not be allowed on the project site; Disposal or temporary placement of excess fill, brush or other debris shall not be allowed in waters of the United States or their banks; All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits and in such a manner as to prevent any runoff from entering offsite open spaces, and shall be shown on the plans. Fueling of equipment shall take place within existing paved areas. Contractor equipment shall be checked for leaks prior to operation and repaired as necessary. "No-fueling zones" shall be designated on plans; and Night lighting, if any, of staging areas shall be of the lowest illumination necessary for human safety, selectively placed, shielded, and directed away from adjacent natural habitats. Buena Sanitation September 2014

4 BIO 4 The hydroseed mix or landscape mix in areas adjacent to open spaces shall not include any invasive exotic seeds or plants identified on List A and List B of the California Exotic Plant Council s List of Exotic Plants of Greatest Ecological Concern in California, as of October 1999, and updated if applicable. Implementation of this measure shall be verified by the during review of the Erosion Control Plans. Following completion of active phases BIO 5 In the event that the preferred option of utilizing trenchless methods (e.g., jack and bore, directional drilling) for pipeline installation between STA and STA at the intersection of Palomar Airport Road and El Camino Real cannot be implemented, and activities requiring the direct removal, trimming and/or pruning of the eucalyptus and pine trees located along the pipeline alignment at this location are determined necessary for installation, the shall require that the activities are performed outside of the general breeding season for migratory birds and raptors, which is defined as occurring between January 15 and September 15. If activities requiring the direct removal, trimming and/or pruning of the trees must occur during the general bird breeding season, the shall retain a qualified biologist to perform a pre- survey of the trees to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the Migratory Bird Treaty Act and California Fish and Game Code. The pre survey shall be performed no more than three days prior to the commencement of removal, trimming, and/or pruning of the eucalyptus and pine trees. If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, as determined by the qualified biologist. Implementation of this measure to ensure compliance with the Migratory Bird Treaty Act and California Fish and Game Code shall be verified by the. in affected area CR 1 the start of any grading/trenching/ground-disturbing work on the Project, the shall enter into a pre-excavation agreement with the San Luis Rey Band of Luiseño Mission Indians (San Luis Rey Band), the local Luiseño Native American tribe. The purpose of this agreement shall be to formalize protocols and procedures between the and the San Luis Rey Band for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground disturbing activities. Buena Sanitation September 2014

5 CR 2 the start of any grading/trenching/ground-disturbing work on the Project, the shall provide written and signed verification to the Manager stating that a Luiseño Native American Monitor and a Qualified Archaeologist have been retained at the s expense to implement the monitoring program, as described in the pre-excavation agreement. CR 3 The Qualified Archaeologist shall maintain ongoing consultation with the Luiseño Native American Monitor during ground disturbing activities. The requirement for the monitoring program shall be noted on all applicable documents, including demolition plans, grading plans, etc. The shall notify the Manager in writing of the start and end of all ground disturbing activities subject to monitoring. Ongoing during CR 4 The Luiseño Native American Monitor and Qualified Archaeologist shall attend all applicable pre meetings with the General Contractor and/or associated Subcontractors to present the monitoring program. The Luiseño Native American Monitor and Qualified Archaeologist shall be present on-site during grubbing, excavating, trenching and/or any other ground disturbing activities, to identify evidence of potential archaeological resources. This includes excavation/trenching beneath existing artificial fills. If fill materials are used they shall be absent of any and all cultural resources. The Luiseño Native American Monitor and Qualified Archaeologist shall have the authority to halt monitoring activities in areas where excavation is in formational soils and there is potential for cultural material to be encountered. Ongoing during Buena Sanitation September 2014

6 CR 5 The Qualified Archaeologist or the Luiseño Native American Monitor may halt ground disturbing activities if unknown archaeological artifact deposits or cultural features are discovered. Ground disturbing activities shall be directed away from these deposits to allow a determination of potential importance. Isolates and clearly non-significant deposits will be minimally documented in the field, and before grading, excavation or trenching proceeds these items shall be given to the San Luis Rey Band so that they may be repatriated at a later date. If a determination is made that the unearthed artifact deposits or cultural features are considered potentially significant, the San Luis Rey Band shall be notified and consulted with in regards to the respectful and dignified treatment of those resources. The avoidance and protection of the significant cultural resource and/or unique archaeological resource is the preferable mitigation. If however, a data recovery plan is authorized by the as the Lead Agency under CEQA, the San Luis Rey Band shall be notified and consulted regarding the drafting and finalization of any such recovery plan. For significant artifact deposits or cultural features that are part of a data recovery plan, an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the Luiseño Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseño Native American Monitor may, at their discretion, collect said resources and provide them to the San Luis Rey Band for respectful and dignified treatment in accordance with the Tribe s cultural and spiritual traditions. Ongoing during CR-6 Following completion of the, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the archaeological monitoring program (e.g., data recovery plan) shall be submitted by the Qualified Archaeologist, along with the Luiseño Native American monitor s notes and comments, to the Director of Community Development for approval. Post Buena Sanitation September 2014

7 CR-7 As specified by California Health and Safety Code Section , if human remains are found on the project site during ground disturbing activities or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner s office by telephone. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code If such a discovery occurs, a temporary exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. By law, the Coroner will determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will make a determination as to the Most Likely Descendent. If Native American remains are discovered, the remains shall be kept in situ, or in a secure location in close proximity to where they were found, and the analysis of the remains shall only occur on-site in the presence of a Luiseño Native American Monitor. HM 1 The shall ensure that all trash, debris, and waste materials are disposed of off-site, in accordance with current local, state, and federal disposal regulations, including any containers which may contain paint. Any hazardous materials which may be potentially encountered during will be evaluated prior to removal and disposal consistent with the HASP and throughout daily operations. Any buried trash/debris shall be evaluated by a Qualified Environmental Professional (as defined by 40 Code of Federal Regulation Section ) prior to removal. Ongoing during HWQ-1 Mitigation measures listed below shall be implemented in order to reduce impacts to jurisdictional waters., the shall obtain all necessary permits to comply with the federal Clean Water Act, state discharge permitting requirements, and local grading ordinances. Copies of each permit shall be maintained at the project site for the duration of. Biological Resources mitigation measures BIO-2 and BIO-3 provide mitigation for projects affecting downstream waters and potential wetlands. Buena Sanitation September 2014

8 N-1 The or its contractors shall develop a Nighttime Noise Mitigation Plan to be implemented within 300 feet of the hotels along the proposed pipeline route. The plan shall be developed in coordination with the hotel management staff. The plan shall include, but not be limited to: The contractor shall appoint a liaison that shall be responsible for coordinating any/all complaints about with staff and the City of Carlsbad, responding to any local complaints about noise, and notifying the hotels regarding dates and the anticipated length of. Installation of temporary noise barriers, when necessary and where feasible, to block the line of sight between major noise generating activities and nearby hotel rooms. Require during daytime hours for the Motel 6 on the western end of the route, and any other receptors identified that have high sensitivity to nighttime noise. Require contractors to modify nighttime activities, as feasible, when they receive complaints from the nearest adjacent receptors. This could include developing schedules so that the loudest activities would occur in the first couple of hours of each shift if nighttime is utilized. Buena Sanitation September 2014