Académique Documents
Professionnel Documents
Culture Documents
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Prepared by:
February 2014
Table of Contents
Chapter 1
Introduction ........................................................................................................... 1-1
Chapter 2
Comments Received ............................................................................................. 2-1
Chapter 3
Responses to Comments ..................................................................................... 3-1
Chapter 4
Revisions to the Public Draft IS/MND ................................................................. 4-1
Chapter 5
CEQA Findings and Determination: .................................................................... 5-1
Appendicies
Appendix A Mitigation Monitoring and Reporting Program .............................................. A-1
February 2014
Chapter 1
Introduction
Pursuant to the California Environmental Quality Act (CEQA; Public Resources Code Section 21000, et
seq. and CEQA Guidelines), the Los Carneros Water District (District) prepared a Public Draft Initial
Study/Mitigated Negative Declaration (IS/MND) to evaluate potential environmental impacts associated
with the Districts proposed Recycled Water Pipeline Project (Proposed Project). The purpose of the
Proposed Project is to augment the existing surface and groundwater supplies within the District for the
irrigation of landscape, vineyards and other agricultural lands within the District. This water will not be
used for domestic or direct potable uses.
On December 18, 2013, to initiate public review of the Draft IS/MND, the District filed a Notice of
Completion (NOC) for the project with the Governors Office of Planning and Research (State
Clearinghouse or SCH) and the County of Napa and released the Draft IS/MND for a 30-day public
review. The State Clearinghouse identified the project with SCH #2013122043. The 30-day public review
period was established between December 18, 2013 and January 21, 2014, with copies of the Draft
IS/MND available for review on the Districts website at http://www.carneroswater.org and the Napa
County Library at 580 Coombs Street, Napa, CA 94559.
This Final IS/MND was prepared according to CEQA Guidelines and considers and incorporates all
comments received by the State Clearinghouse and other agencies during the 30-day public review
period. The purpose of this document is to clarify facts set forth in the Public Draft IS/MND, as
necessary, to ensure accuracy. The District must consider the IS/MND, together with any comments
received, before approving the Proposed Project (Public Resources Code Section 21091(f); and CEQA
Guidelines Section 15074). The District has no affirmative duty to prepare formal responses to comments
on the Public IS/MND, but should have adequate information on the record explaining why the
comment(s) do/does not affect the conclusion that there are no potential significant environmental effects.
The District is required to, however, notify, in writing, any commenting agencies of the date of the public
hearing on the Proposed Project for which an IS/MND is prepared and will be decided upon for approval
(Public Resources Code Section 21092.5(b); and CEQA Guideline Section 15073).
This Final IS/MND is being distributed to agencies, stakeholder organizations, and individuals who
commented on the Public Draft IS/MND to ensure that interested parties have an opportunity to express
their views regarding the environmental impacts of the project, and to ensure that information pertinent to
permits and approvals is provided to decision makers for the District and CEQA responsible agencies. Both
written comments and oral testimony from the public hearing have been incorporated into the Final
IS/MND for the District Board to consider whether to approve the Proposed Project. The District is
scheduled to make a final decision on the Proposed Project on February 11, 2014 at 6:00 at the
Stonebridge School (formerly Carneros Elementary School) located at 1680 Los Carneros Avenue,
Napa, California, 94559.
February 2014
1-1
Chapter 2
Comments Received
During the 30-day public review period (December 18, 2013 through January 21, 2014), the District
received a total of two (2) comment letters on the Proposed Project. The District has reviewed and
considered the comments from each agency as follows in Table 2-1 below:
TABLE 2-1
AGENCY COMMENT LETTER RECEIVED
Date
December 31, 2013
February 2014
Commenting Agency
Erik Alm, District 4 Branch Chief
California Department of Transportation (CALTRANS)
111 Grand Avenue
P.O. Box 23660, MS-10
Oakland, CA 94623-0660
Cedric S. Irving, Environmental Scientist
State Water Resources Control Board
1001 I Street
Sacramento, CA 95814
Comment
Letter
A
2-1
Chapter 3
Responses to Comments
This chapter evaluates the comments received during the 30-day public review period (December 18,
2013 through January 21, 2014). The District received a total of two (2) comment letters on the Proposed
Project. The District has reviewed and considered the comments from each agency and provides a
response to each of those comments as provided for below.
February 2014
3-1
Comment B-2. Comment Noted. As requested, the District, upon completion of the Districts process to
comply with the California Environmental Quality Act (CEQA), will provide the State Water Resources
Control Board (State Water Board) with the following applicable documents: (1) one copy of the Public
Draft and Final IS/MND and EA/FONSI1; (2) the resolution adopting/certifying the IS/MND making
CEQA findings; (3) all comments received during the review period and the Districts response to those
comments (see Chapters 2 and 3 of this Final IS/MND); (4) the adopted Mitigation Monitoring and
Reporting Program (see Appendix A to this Final IS/MND); and (5) the Notice of Determination filed
with the Napa County Clerk and the Governors Office of Planning and Research, State Clearinghouse.
In addition, the District will provide any further notices of meetings and/or hearings held in regards to the
environmental review process of this Proposed Project if it is to be funded by the State Water Board.
Comment B-3. Comment Noted. The District appreciates the State Water Boards role in administering
the CWRSF program and fully understands that the program is partially funded by the United States
Environmental Protection Agency (USEPA) and requires the additional CEQA-Plus environmental
documentation and review. We appreciate the detailed information provided which will be required for
formally applying for these funds. We have prepared the Public Draft IS/MND and EA/FONSI in such a
way that the State Board and/or the U.S. Bureau of Reclamation (USBR) can use this document as a basis
for complying with the necessary CEQA-Plus and/or NEPA requirements. If and when we formally apply
for CWSRF or federal funds under USBRs Title XVI Water Reclamation and Reuse Program (Title XVI
Program), we will gladly work with the State Water Board and/or USBR to work through any remaining
issues. However, at this time, the District is moving forward with its CEQA process and responsibilities
as the CEQA Lead Agency. As explained in Comment B-2 above, the District will provide the State
Water Board with any and all necessary documents when it formally applies for funding under the
CWSRF Program.
Comment B-4. Comment Noted. The District agrees and has accordingly included Mitigation Measure
BIO-7: Implement Best Management Practices and Mitigation Measure BIO-8: Obtain All Required
Authorizations. In addition, and as appropriate and applicable, the District will provide the State Water
Board with copies of any documents such as: (1) Section 404 permit from the U.S. Army Corps of
Engineers (USACE); (2) Section 401 Certification from the San Francisco Regional Water Quality
Control Board (SF Regional Board); (3) Streambed Alteration Agreement from the California Department
of Fish and Wildlife (CDFW): and a copy of a wetland delineation and survey assessment, if applicable.
Comment B-5. Comment Noted. The District understands the State Water Boards requirement that a
records search must be conducted within one year of the CWSRF projects financing approval and
includes a 0.5-mile radius from the Projects Area of Potential Effect (APE). As such, the District will
conduct and updated cultural resources records search at the appropriate time if and when the District
decides to formally apply for CWSRF funds.
Comment B-6. Comment Noted. The District conducted a cultural resources inventory to be in
compliance with Section 106 of the National Historic Preservation Act (NHPA) and its implementing
regulations (36 Code of Federal Register [CFR] Part 800). As disclosed at the time the report was
written, no known or previously recorded historical, archeological, paleontological, and/or cultural
resources were identified and thus would not be affected by the construction and/or operation of the
Proposed Project. Further, the Proposed Project would not have, or cause, a substantial adverse change
in the significance of any known historical, archeological, paleontological, and/or cultural resources. As a
result, formal consultation with the State Historic Preservation Office (SHPO) is not required or deemed
necessary based on our findings. However, it is possible that unidentified buried cultural resources could
1
The Final EA/FONSI will not be prepared until a Federal Lead Agency is identified or determined for the National
Environmental Policy Act (NEPA) and/or the CEQA-Plus requirements for federal funding. This action is strictly
for CEQA purposes only at this point in time.
February 2014
3-2
be uncovered during construction. As such, the recommendations were for the protection of these
resources. The District believes that it has prepared a report in compliance with Section 106 of the
NHPA. Nevertheless, we have agreed to update the Cultural Resources Inventory Report as identified in
our response to Comment B-5 above. In addition, we look forward to working through this issue with the
State Water Board if the District formally applies for CWSRF funding. Please see the minor revisions and
further clarification to Page 25 of the December 2013 Cultural Resources Investigation Report as that was
listed as Appendix D of the Public Draft IS/MND located in Chapter 4 Revisions to the Public Draft
IS/MND.
Comment B-7. Comment Noted. The District will provide a digital copy of the Public Draft IS/MND and
EA/FONSI as well as the Final IS/MND and appendices as separate files to the CWSRF Project Manager
upon submittal of an application for funding.
February 2014
3-3
Chapter 4
This chapter shows revisions to the December 2013 Public Draft IS/MND, subsequent to the documents
publication and public review. The revisions are presented in the order in which they appear in the Public
Draft IS/MND and are identified by section and page number in respective chapters. These revisions are
shown as excerpts from the Public Draft IS/MND, with strikethrough (strikethrough) text in indicate
deletions and underlined (underlined) text to indicate additions.
2.5
Table 2 below summarizes the potential permits and/or approvals that may be required prior to
construction of the Proposed Project. Additional local approvals and permits may also be required.
Table 2: Potential Regulatory Requirements, Permits, and Authorizations for Project Facilities
Agency
Type of Approval
Authority to Construct
Permit to Operate
County of Napa
3.4
Biological Resources
On Page 3-10, Mitigation Measure BIO-1: Conduct Pre-construction Protocol Level Plant Surveys
is herby revised as follows.
Mitigation Measure BIO-1: Conduct Pre-construction Protocol Level Plant Surveys. Prior to
construction, the District shall conduct two protocol-level rare plant surveys during the blooming period
for these species that are during the months of May and June. These surveys shall follow the protocol for
plant surveys as described in Nelson (1987), which are in compliance with CNPS, CDFW, and USFWS
guidelines. Should any of these species be present within the construction footprint, the District shall
attempt to avoid the plant species by implementing a 25-foot exclusion buffer. In addition, the District
February 2014
4-1
shall CDFW and/or USFWS shall be consulted with the CDFW and/or USFWS to develop further
appropriate mitigation and avoidance and/or mitigation measures.
On page 3-13, Mitigation Measure Bio-5: Conduct Pre-construction Surveys for Bats, is hereby revised as
follows.
Mitigation Measure BIO-5:
Conduct Pre-construction Preconstruction Surveys for Bats.
Preconstruction
surveys
for
bats
should
take
place
during
the
maternity
roosting
season
(defined
as
April
1
through
August
31).
Surveys
should
be
conducted
by
a
qualified
biologist
no
less
than
14
days
prior
to
removal
of
any
trees,
snags,
or
buildings
within
the
project
area.
Ultrasonic
acoustic
surveys
and/or
other
site-appropriate
survey
method
should
be
performed
to
determine
the
presence
or
absence
of
bats
utilizing
the
project
site
as
roosting
or
foraging
habitat.
If
special-status
bat
species
are
detected
during
surveys,
then
appropriate
species-
and
roost-specific
mitigation
measures
will
be
developed.
Such
measures
may
include
providing
a
500-foot
exclusion
buffer
from
any
identified
active
roosts
or
foraging
habitat
or
postponing
the
removal
of
trees,
snags,
or
structures
until
the
end
of
the
maternity
roosting
season.
or
construction
of
species-appropriate
roosting
habitat
within
or
adjacent
to
the
project
site.
Trees,
snags,
and
buildings
may
be
removed
outside
of
the
maternity
roosting
season
without
performing
preconstruction
bat
surveys.
3.16
On page 3-41, Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan is herby revised
as follows
Mitigation Measure TRA-1: Prepare and Implement Traffic Control Plan. As is consistent with
existing policy, the District shall require the contractor to prepare and implement effective traffic control
plans to show specific methods for maintaining traffic flows. This shall included, as applicable and/or
appropriate, the District or its contractor preparing a Traffic Impact Study consistent with Caltrans Guide
for the Preparation of Traffic Impact Studies that shows the truck haul routes and trip generations rates
for all scenarios affecting the state highway system (i.e. State Routes {SR} 29 and/or 121) once these
details are known. Examples of traffic control measures to be considered include: 1) use of flaggers to
maintain alternating one-way traffic while working on one-half of the street; 2) use of advance
construction signs and other public notices to alert drivers of activity in the area; 3) use of positive
guidance detour signing on alternate access streets to minimize inconvenience to the driving public; 4)
provisions for emergency access and passage; and 5) designated areas for construction worker parking. In
addition and as appropriate, the District shall obtain a Transportation Permit and/or an Encroachment
Permit from Caltrans for Project work that requires movement of oversized or excessive load vehicles on
state roadways, such as SR 29 and/or SR 121 and/or any work or traffic that encroaches onto State rightsof-ways.
The District has conducted this cultural resources inventory to be in compliance with Section 106 of the
National Historic Preservation Act (NHPA) and its implementing regulations (36 Code of Federal
Register [CFR] Part 800). At the time the report was written, no known or previously recorded historic,
archeological, paleontological, and/or cultural resources were identified and thus would not be affected by
the construction and/or operation of the Proposed Project. As such, the Proposed Project would not have,
February 2014
4-2
or cause, a substantial adverse change in the significance of any known historical, archeological,
paleontological, and/or cultural resources. As a result, formal consultation with the State Historic
Preservation Office (SHPO) is not required or deemed necessary. However, it is possible that
unidentified buried cultural resources could be uncovered during construction. As such, several
recommendations and mitigation measures should be implemented to ensure that there are no significant
impacts to cultural resources that may exist in the APE as direct and indirect result of the Proposed
Project/Action. Based upon this investigation, detailed below are several recommendations and mitigation
measures that should be implemented to ensure that there are no significant impacts to cultural resources
that may exist in the APE as direct and indirect result of the Proposed Project/Action.
Halt work if cultural resources are discovered. In the event that any prehistoric or historic
subsurface cultural resources are discovered during ground disturbing activities, all work within
100 feet of the resources shall be halted and after notification, the District shall consult with a
qualified archaeologist to assess the significance of the find. If any find is determined to be
significant (CEQA Guidelines 15064.5[a][3] or as unique archaeological resources per Section
21083.2 of the California Public Resources Code), representatives of the District and a qualified
archaeologist shall meet to determine the appropriate course of action. In considering any
suggested mitigation proposed by the consulting archaeologist in order to mitigate impacts to
historical resources or unique archaeological resources, the lead agency shall determine whether
avoidance is necessary and feasible in light of factors such as the nature of the find, project
design, costs, and other considerations. If avoidance is infeasible, other appropriate measures
(e.g., data recovery) shall be instituted. Work may proceed on other parts of the project site while
mitigation for historical resources or unique archaeological resources is carried out.
Halt work if human remains are found. If human remains are encountered during excavation
activities conducted for the Proposed Project/Action, all work in the adjacent area shall stop
immediately and the Napa County Coroners office shall be notified. If the Coroner determines
that the remains are Native American in origin, the Native American Heritage Commission shall
be notified and will identify the Most Likely Descendent, who will be consulted for
recommendations for treatment of the discovered human remains and any associated burial
goods.
February 2014
4-3
Appendix
A
Mitigation
Monitoring
and
Reporting
Program
Los
Carneros
Recycled
Water
Pipeline
Project
Prepared
for:
Los
Carneos
Water
District
2111
Las
Amigas
Road
Napa,
CA
94559
Prepared
by:
February
2014
INTRODUCTION
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
The responsible party for implementation of each item would identify the
staff members responsible for coordinating with the District on the MMRP.
REPORTING
The Districts project manager shall prepare a monitoring report, upon
completion of the project, on the compliance of the activity with the required
mitigation measures. Information regarding inspections and other
requirements shall be compiled and explained in the report. The report shall
be designed to simply and clearly identify whether mitigation measures have
been adequately implemented. At a minimum, each report shall identify the
mitigation measures or conditions to be monitored for implementation,
whether compliance with the mitigation measures or conditions has occurred,
the procedures used to assess compliance, and whether further action is
required. The report shall be presented to the District Board of Directors.
MITIGATION MONITORING AND REPORTING PLAN TABLE
The categories identified in Table A are described below.
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
Table A
Mitigation Monitoring and Reporting Plan for the Los Carneros Water Districts Recycled Water Pipeline Project IS/MND
Mitigation Measure
Cover all trucks having soil, sand, or other loose material or maintain
at least two feet of freeboard on all trucks.
Timing
Implementation1
Prior to
construction of
The Proposed
Project.
Enforcement1
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
Survey results are valid for 14 days from the survey date. Should
ground disturbance commence later than 14 days from the survey date,
The
Los
Carneos
Water
District
is
primarily
responsible
for
implementing
the
mitigation
measures
for
the
Proposed
Project/Action
as
described
in
this
MMRP.
Recycled
Water
Pipeline
Project
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
4
Prior to the
construction of
the Proposed
Project
Once the vegetation has been removed, a temporary barrier fence shall
be constructed along the flagged boundaries of the cleared work area to
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
prevent salt marsh harvest mice from re-entering the work area.
If this potential impact from the project falls within the jurisdiction of
the CDFW or the USFWS through a federal action, such measures
shall be applied as required by those agencies to avoid or minimize
impacts prior to any construction that would significantly impact the
species.
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
Proposed Project.
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
San Francisco Regional
Water Quality Control Board
California Department of
Fish and Wildlife
U.S. Fish and Wildlife
Service
San Francisco Regional
Water Quality Control Board
Upon discovery of
cultural resources
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
Upon the
discovery of
suspected human
remains.
Prior to
completion of
engineering plans
for the Proposed
Project.
Prior to
construction and
operation the
Proposed Project.
Prior to
construction and
Throughout
operation of the
Proposed Project.
Prior to
construction and
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
operation the
Proposed Project.
Develop SWPPP
prior to and
implement
throughout
construction.
Incorporation
measures into
SWPPP prior to
construction and
implementation
throughout
construction,
as appropriate
In addition and prior to operation of the recycled water system, the District shall
prepare and submit for approval of the San Francisco Regional Water Quality
Control Board, a recycled water operations and maintenance plan and recycled
water users guide to identify general and site-specific BMPs that will be
implemented to ensure that recycled water will be used in a manner that protects
ground and surface water. The BMPs shall address measures to protect against
recycled water runoff that is not incidental, provide for detection and correction
of leaks, and ensure that pollutants such as salts and nutrients are not discharged
Recycled
Water
Pipeline
Project
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
at concentrations that could adversely impact groundwater. The BMPs shall also
address both agronomic irrigation and frost protection uses.
Specifically, the recycled water for irrigation BMPs shall include the type of
irrigation system, proper design and operation of the irrigation system,
application methods (e.g., agronomic application, use of repeat start times and
multiple water days to increase irrigation efficiency and reduce runoff potential,
no application during precipitation events), setbacks to surface waters, physical
systems to capture runoff and prevent it from reaching surface waters. BMPs
shall also describe how salts and nutrients will be managed in a manner that
protects groundwater quality.
Development of
the Report of
Waste Discharge.
10
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program
Caltrans
Napa County
11
Los
Carneros
Water
District
Mitigation
Monitoring
and
Reporting
Program