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HomeMy WebLinkAboutCC AG PKT 2008-10-13 #KAGENDA STAFF REPORT DATE: October 13, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: APPROVE MITIGATED NEGATIVE DECLARATION 08-2 - EAST BEACH SAND NOURISHMENT PROJECT SUMMARY OF REQUEST: Adopt Resolution Number 5790, A Resolution of the City Council of the City of Seal Beach Adopting Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project, and Instructing Staff to File Appropriate Documentation with the County of Orange. DISCUSSION: MITIGATED NEGATIVE DECLARATION 08-2 - EAST BEACH SAND NOURISHMENT PROJECT: Proiect Overview: Proposed East Beach Sand Nourishment Proiect Location: The site comprises the majority of East Beach, which is bound by the Seal Beach Pier to the west, residential land uses to the north, the west jetty of Anaheim Bay to the east, and the Pacific Ocean to the south. Regional access to the site is provided via Pacific Coast Highway (PCH). Regional and local vicinity maps of the project site are depicted in Exhibits 2-1 and 2-2, respectively, of the document. Exhibit 2-3 of the document depicts an aerial photograph of the project site and surrounding area. Statement of Need/Proiect Description: With the proposed project, the City of Seal Beach would receive up to 200,000 cy of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the project site. As the USACE is conducting periodic nourishment of the Agenda Item K Adoption of Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 Surfside-Sunset beaches as part of an ongoing USACE continuing construction project, there is an opportunity for the City to obtain cost-effective suitable nourishment materials to meet its own shore protection requirements through partnering with the USACE. Accordingly, the material would be placed at Seal Beach as a locally funded incremental element/modification to the USACE Stage 12 project. Material from the USACE offshore borrow site would be pumped through a pipeline that would be submerged on the ocean floor. The borrow site is depicted in Exhibit 3-1 of the document. The dredge material would be discharged to a designated fill area on the beach, as shown on Exhibit 3-2 of the document. This designated fill compartment would have a maximum footprint of approximately 2,300 feet in length and a maximum width of approximately 510 feet. Exhibit 3-3 of the document shows the location of the post-construction beach berm (level, finished, beach surface of the fill) and the foreshore slope toward the water. The proposed project beach profile would be consistent with existing conditions and the foreshore would extend below MLLW at a slope of 10 (horizontal) to 1 (vertical). Exhibit 3-4 of the document shows the cross-sections of the project. Implementation of the proposed project would occur during the 2008-2009 winter season or in early spring 2009. Total construction would occur over a period of approximately four weeks. Approximately one week would be required to set up and move heavy equipment to the staging area and to demobilize equipment from the staging area. Material would be pumped to the beach for approximately 17 days; during these 17 days, beach disposal and spreading operations would occur on Monday through Friday from 7:00 AM to 8:00 PM and from 8:00 AM to 8:00 PM on Saturday and would utilize heavy equipment (bulldozer) to spread the nourishment material on the beach as needed. Although the dredge and booster pump would operate seven days a week, spreading operations utilizing heavy equipment on the beach would only operate on Monday through Saturday during approved hours; heavy equipment would not be used on Sunday in accordance with the City's Noise Ordinance. A temporary construction staging area would be located in the parking lot at the southern end of 10th Street and on the western end of East Beach, just east of the Seal Beach Pier (refer to Exhibit 2-3)~. The southern one-third of the parking lot would be cordoned off for construction equipment, construction worker vehicles, and construction activity. The construction staging area would be used for placement of construction equipment and materials and for parking of support vehicles. No new permanent lighting would be required at the staging area or on the beach. However, temporary lighting may be sporadically required on the beach in support of construction activities that occur after dark, but before 8:00 PM. DS -Staff Report - K - MND 08-2-East Beach Sand NourishrPent -Res #5790 Adopfion of Mitigated Negative Declaration OS-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 Existin_g General Plan. Zoning and Other Land Use Regulations: A. City of Seal Beach: The City of Seal Beach General Plan and City of Seal Beach Municipal Code are the plans, programs, and ordinances applicable to the proposed project. The City of Seal Beach General Plan was adopted in 2003. The General Plan's land use designation for the project site is "Beach." The proposed project is consistent with the General Plan land use designation and zoning. With respect to land use, the primary consideration for the proposed project is the proposed project's compatibility with residential land uses to the north. The proposed project would not alter the existing land use on the project site and would not preclude the site from being used as a beach. The compatibility of the project with the City of Seal Beach General Plan is addressed in the consistency analysis provided within the document. B. California Coastal Act. The project is located within the Coastal Zone and is subject to the California Coastal Act. A coastal development permit (CDP) is required from the California Coastal Commission (Coastal Commission). However, since the City does not have a certified Local Coastal Program (LCP), the Coastal Commission is responsible for reviewing project compliance with the Coastal Act. Chapter 3 of the Coastal Act (Coastal Resources Planning and Management Policies) would be applicable to the proposed project. A project consistency analysis with the applicable articles and sections of Chapter 3 of the Coastal Act are provided within the document. C. Other Permits Required. Other permits required of the project but not under the discretion of the City of Seal Beach include: ^ Approval of a Section 10 Permit and Section 404 Permit (U.S. Army Corps of Engineers). The proposed project involves placing sand on a beach receiver site. Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act require permits from the USACE for transporting and placing fill material into waters of the U.S.; ^ Approval of a Section 401 Water Gluality Certification (Regional Water Quality Control Board). The California RWQCB reviews projects that include any discharge into navigable waters. Any project DS -Staff Report - K - MND 08-2-East Beach Sand Nourish~ent -Res #5790 Adoption of Mitigated Negative Declaration OS-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 in California that proposes placing fill materials into waters of the U.S. requires a Section 401 Certification from the RWQCB. Since the program proposes to place the material on the beach below the mean high tide line, a certification is needed from the RWQCB. That certification would also address water quality standards that must be maintained, specifically regarding turbidity, and possibly others. Summary of Mitigated Negative Declaration Preparation and Public Review Process: The Mitigated Negative Declaration for the East Beach Sand Nourishment project has been prepared by a city environmental consultant, reviewed and approved by city staff prior to public distribution, and has completed the required 30-day time period for receipt of comments. Comments were received by the City from June 23 to July 23, 2008, in accordance with the provisions of the California Environmental Quality Act. A copy of the subject document has previously been provided for the information of the City Council. The Initial Study, proposed Mitigated Negative Declaration, and required public notices are on file at the Department of Development Services. The Initial Study/Mitigated Negative Declaration was distributed for review and comment to the following agencies and organizations: ^ State of California Office of Planning and Research ^ County of Orange -County Clerk ^ County of Orange -Public Facilities and Resource Department ^ Regional Water Quality Control Board -Santa Ana Region ^ South Coast Air Quality Management District ^ Southern California Association of Governments ^ Army Corps of Engineers -Los Angeles District ^ California Coastal Commission ^ California Department of Fish & Game -Region 5 ^ U.S. Fish and Wildlife Service ^ Orange County Sanitation District ^ Caltrans District 12 ^ Naval Weapons Station Seal Beach ^ City of Long Beach ^ City of Los Alamitos ^ City of Garden Grove ^ City of Huntington Beach ^ City of Westminster ^ Gabrielino/Tongva Tribal Council ^ Gabrielino/Tongva Tribal Council of the Gabrielino Tongva Nation ^ Gabrielino Tongva Indians of California DS -Staff Report - K - MND 08-2-East Beach Sand Nourish~ent -Res #5790 Adoption of Mitigated Negafive Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report Ocfober 13, 2008 The Notice of Intent to Adopt a Mitigated Negative Declaration was published in the local newspaper, The Sun, on June 28, 2008. Copies of the Mitigated Negative Declaration were also made available for public review at the Development Services public counter and at each library within the City. The City of Seal Beach received 6 comment letters on the Mitigated Negative Declaration from public agencies and also received comments from the Environmental Quality Control Board during the public comment period. Based on comments received from the EQCB additional standard mitigation measures were instituted regarding potential noise impacts in accordance with City Council Policy 600-11. CEQA section 21091(d)(1) requires that the City, as Lead Agency, must consider any comments on the proposed Mitigated Negative Declaration that are received within the public review period. Pursuant to CEQA, the Lead Agency is only obligated to respond to comments on an Environmental Impact Report, not for a proposed Mitigated Negative Declaration. However, the City does so voluntarily in order to acknowledge public input and fully address any issues raised. Please refer to Attachment 4 to review the "Responses to Comments" document prepared by the environmental consultant. In addition, the City further determined to have the draft Mitigated Negative Declaration reviewed by the Planning Commission on July 9, 2008 and the Commission had no comments. Staff Recommendations regarding Negative Declaration 08 2 - East Beach Sand Nourishment Project: The required environmental review process has been completed and the analysis has indicated that the proposed project will not have any significant effects on the environment if the mitigation measures proposed in the IS/MND document are implemented. The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation measures (MMs) adopted as conditions of approval in order to mitigate or avoid significant project impacts. Specifically, Section 21081.6(a)(1) states: "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." DS -Staff Report - K -MND 08-2-East Beach Sand Nourish~ent -Res #5790 Adoption of Mitigated Negative Dec/araiion 08-2 - East Beach Sand Nourishment projecf City Council Staff Report October 13, 2008 A Mitigation Monitoring Program has been prepared in compliance with the requirements of CEQA, and includes all mitigation measures from the Final Initial Study/Mitigated Negative Declaration addressing the East Beach Sand Nourishment Project. The Mitigation Monitoring Program also identifies the required timing and responsible parties for implementation and monitoring. The mitigation measures have been sorted by topical area in the order presented in the IS/MND. A copy of the Mitigation Monitoring Program is provided as Attachment 5 for the information of the City Council. Staff recommends the City Council adopt a resolution that will memorialize the following determinations of the Council: ^ The City Council hereby affirms that it independently reviewed and analyzed Mitigated Negative Declaration 08-2 and finds as follows: ^ Initial Study/Mitigated Negative Declaration 08-2 -East Beach Sand Nourishment project was prepared by a city consultant and approved by city staff prior to public circulation and therefore reflects the independent judgment of the City; ^ There is no substantial evidence in the record that would support a fair argument that approval of the project might have a significant environmental impact; ^ Adoption of the proposed "Mitigation Monitoring Program", dated September 2008 as conditions of approval for the proposed project will mitigate or avoid significant project impacts. ^ Approval of this project involves a potential for adverse effects, either individually or cumulatively, on wildlife resources and could have an adverse impact on fish and wildlife unless appropriate mitigation measures are proposed. The project consists of the placement of up to 200,000 cubic yards of suitable material from an approved borrow site located off-shore and placement of the borrow material on east beach. Mitigation measures to reduce identified impacts to "Less than Significant with Mitigation Incorporated" to spawning activities by the California grunion, a special status species, are proposed. ^ The City Council approves the "Notice of Determination" and instructs the Director of Development Services to execute and file this document, and any necessary supporting documents in accordance with the provisions of CEQA. The "Notice of Determination" document is provided as Attachment 3. FISCAL IMPACT: None. Approval of Mitigated Negative Declaration 08-2 will allow this project to proceed to preparation of final construction plans and specifications and eventual DS -Staff Report - K -MND 08-2-East Beach Sand Nourish~ent -Res #5790 Adoption of Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 implementation upon approval of a construction bid by the City Council, and compliance with the adopted Mitigation Monitoring Program. RECOMMENDATION: Adopt Resolution Number 5790, A Resolution of the City Council of the City of Seal Beach Adopting Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project, and Instructing Staff to File Appropriate Documentation with the County of Orange. NOTED AND APPROVED e hitten erg, Director David Carmany Development Services Departmen City Manager Attachments: (5) Attachment 1: Resolution Number 5790, A Resolution of the City Council of the City of Seal Beach Adopting Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project, and Instructing Staff to File Appropriate Documentation with the County of Orange Attachment 2: Initial Study and Negative Declaration 08-2, East Beach Sand Nourishment Project, prepared by City of Seal Beach and BonTerra Consulting, June 2008 Attachment 3: Notice of Determination, Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project Attachment 4: Responses to Comments for the East Beach Sand Nourishment Project Initial Study/Mitigated Negative Declaration, dated September 2008 Attachment 5: Mitigation Monitoring Program -East Beach Sand Nourishment Project, dated September, 2008 DS -Staff Report - K - MND 08-2-East Beach Sand Nourishf~lent -Res #5790 Adoption of Mitigated Negative Declaration OS-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 ATTACHMENT 1 RESOLUTION NUMBER 5790, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 08- 2, EAST BEACH SAND NOURISHMENT PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE DS -Staff Report - K - MND 08-2-East Beach Sand Nourish~jent -Res #5790 RESOLUTION NUMBER 5790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 08-2, EAST BEACH SAND NOURISHMENT PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City of Seal Beach Public Works Department has submitted an application to receive up to 200,000 cubic yards (cy) of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the East Beach project site (located on the east side of the Seal Beach Pier, between the pier and the Anaheim Bay west jetty). Material from the U.S. Army Corps of Engineers (USAGE) offshore borrow site near Surfside Colony in Sunset Beach would be pumped through a pipeline that would be submerged on the ocean floor. The designated fill compartment would have a maximum footprint of approximately 2,300 feet in length and a maximum width of approximately 510 feet. Implementation of the proposed project would occur during the 2008-2009 winter season or in early spring 2009. Total construction would occur over a period of approximately four weeks; and WHEREAS, Construction equipment on the beach would consist of one loader, one excavator, and two bulldozers. The pipeline utilized to move material from the borrow site to East Beach would consist of a steel tube approximately 24 inches in diameter that is constructed in 2 segments. The first segment would extend west from the dredge at the borrow site to a booster pump supported by a barge approximately 5,700 feet offshore; the second segment would extend shoreward (north) from the booster pump/barge to the sand- placement site on East Beach; and WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the Califomia Environmental Quality Act (CEQA). The comment period on the subject Negative Declaration ended on July 23, 2008. The City received comments on the proposed Mitigated Negative Declaration from: ^ State of Califomiat Governor's Office of Planning and Research; ^ California Department of Parks and Recreation, Orange Coast Division; ^ State of California Native American Heritage Commission; ^ Califomia Department of Transportation, District 12; ^ Southern California Association of Governments; ^ County of Orange Department of Public Works; ^ City of Huntington Beach, Planning Department; ^ City of Seal Beach Environmental Quality Control Board; and WHEREAS, In addition, the City further determined to have Mitigated Negative Declaration 08-2 reviewed by the Planning Commission on July 9, 2008. At the July 9, 2008 meeting the City did not receive any comments from members of the Planning Commission or from a private citizen, and Resolution Number 5790 WHEREAS, the City's consultant has prepared a "Responses to Comments for the East Beach Sand Nourishment Project Initial Study/Mitigated Negative Declaration," dated September 2008, which document includes written responses to all of the above-received comments on the subject Initial Study/Mitigated Negative Declaration. A copy of that document was provided for the information of the City Council; and WHEREAS, the City Council considered the adoption of the subject Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project Mitigation Monitoring Program, and Responses to Comments documents, along with a Staff Report on October 13, 2008, and received additional public comments; and WHEREAS, the City has addressed each of the concerns within the Initial Study/Mitigated Negative Declaration document. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby: 1. Finds that there is substantial evidence in the record that the project may have a significant effect on the environment, but mitigation measures imposed herein would avoid or mitigate the effects to a point where clearly no significant effect would occur and there is no substantial evidence in the record that any significant effect would remain after mitigation. 2. Finds that approval of this project involves a potential for adverse effects, either individually or cumulatively, on wildlife resources and could have an adverse impact on fish and wildlife unless appropriate mitigation measures are proposed. The project consists of the placement of up to 200,000 cubic yards of suitable material from an approved borrow site located off- shore and placement of the borrow material on east beach. Mitigation measures to reduce identified impacts to "Less than Significant with Mitigation Incorporated" to spawning activities by the California grunion, a special status species, are proposed 3. Finds that there has been no evidence presented that Mitigated Negative Declaration 08-2 has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. 4. Adopts Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment Project. 5. Approves and adopts as conditions of approval the Mitigation Measures set forth in "Exhibit A" of this resolution for the East Beach Sand Nourishment Project. 6. Finds that the foregoing findings are based on substantial evidence in the record, including without limitation, the draft Mitigated Negative Declaration 08-2, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. 7. Instructs the Director of Development Services to file appropriate documentation with the County of Orange. Resolution Number 5790 PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 13th day of October , 2008 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5790 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 13th day of October , 2008. City Clerk Resolution Number 5790 "EXHIBIT A" MITIGATED NEGATIVE DECLARATION 08-2: EAST BEACH SAND NOURISHMENT PROJECT ADOPTED MITIGATION PROGRAM, dated October 13, 2008 MITIGATION MONITORING PLAN ` , ' ~ ~ ~ ' ~ ~ ~ ',~ Responsible ~ :Completion Timing . . ^ Measure . ~ - 'for Monitoring Date ', Initials , Biological Resources 30 days prior to MM BIO-1 initiation of Prior to initiation of construction construction activities, the City activities shall have a qualified Marine Biologist conduct a Caulerpa survey for the proposed pipeline route. The survey results and recommendations shall be documented in a Public Works report and submitted to the Department City, the National Marine Fisheries Service, and the California Coastal Commission within five days of completion of the field survey. The City shall ensure that all recommendations in the report will be implemented. Prior to start of MM BIO-2 construction Should construction occur activities on the during the grunion spawning project site season (as defined by the (if construction Califomia Department of Fish occurs during the Game grunion calendar), prior grunion spawning to start of construction season) activities on the project site, the City of Seal Beach shall prepare and implement a beach nourishment grunion habitat protection plan to include: Using temporal best management practices public Works (BMPs), such as avoidance of Department known spawning areas during grunion runs, in order to avoid disturbances to grunion spawning activity and to minimize damage to grunion spawning habitat; 1) Conducting pre- construction monitoring surveys within three weeks of proposed construction to determine the potential for grunion to use East Beach during beach nourishment activities; Resolution Number 5790 • ' - ~ ~ "• " -" Responsible ~Com pletlon Timing Measure : . ~, . for~Monitoring Date ' • ~. Initials 2) Conducting grunion During construction monitoring during known (if construction grunion run activities while occurs during beach nourishment grunion spawning activities are in progress to season) assess if specific sites on East Beach will be impacted; 3) Implementing avoidance Public Works measures, if feasible, to Department minimize impacts to specific areas of the beach if construction-period spawning is observed by berming off beach habitat within 100 feet of where spawning is observed; and " 4) Conducting post-beach Post-construction nourishment grunion during grunion run spawning success monitoring surveys at any sites on East Beach that appear to be temporarily impacted by beach nourishment activity. The survey will be conducted at the first grunion run following completion of the nourishment activities. The Public Works survey results shall be Department included in a report that shall be submitted to the City of Seal Beach, the National Marine Fisheries Service, the Califomia Department of Fish and Game (CDFG), and the California Coastal Commission within 30 days after the grunion run. Throughout MM BIO-3 construction During construction activities, if a sea turtle is on the beach, pumping operations may continue but beach construction activities on the Public Works beach shall be halted until the Department turtle is either (1) removed by a National Marine Fisheries Service approved Biologist or (2) is at least 100 yards offshore of the beach. Resolution Number 5790 . ~ . • ~ ~ ,' . .. • • ~ '+:~ .°Responsible ~ .• ~ Completion . • Timing : "Measure. ;• " for~Monltoring 'Date Initials Hydrology and Water Quality Prior to initiation of SC WO-1 construction Prior to initiation of activities construction activities, the City or its designee shall file a Notice of Intent with the State Water Resources Control Board (SWRCB) in order to obtain coverage under Cal'rfomia's General Permit for Storm Water Discharges Public Works Associated with Construction Department Activity (NPDES No. CAS000002, Resolution No. 2001-046, or the latesi approved general permit). Pursuant to the permit requirements, the City or its designee shall incorporate Best Management Practices for minimizing site runoff. Daily throughout MM WO-1 construction During construction, daily duration monitoring of turbidity during sand placement shall be conducted to ensure turbidity levels do not exceed ambient levels as measured (beyond one-quarter mile offshore at or downcoast of the placement site) for a prolonged period, assumed to be five days. If ambient turbidity levels within one-quarter mile are Public Works exceeded, the condition will be Department documented and placement may be modified to reduce turbidity. Turbidity plume observations shall be documented with photographs, and maps of maximum daily plumes shall be reported to the City after construction. Observations of swell, wind, and tide conditions shall also be recorded to correlate with turbidity conditions. Noise SC NOISE-1 ' Throughout Consistent with the City of construction Seal Beach Noise Ordinance (Section 7.15, Noise), noise- generating project construction activities shall be limited to the hours of 7:00 AM to 8:00 PM Monday through Friday and from 8:00 AM to 8:00 PM on Public Works Saturday. Construction Department activities are not permitted outside of these hours, or on Sunday. The City of Seal ' Beach Director of Public Works shall be responsible for ensuring that the Contractor complies with these requirements. Resolution Number 5790 • • ~ Responsible `• Com pletion Timing -- - ~ • Measure •~ • 'for Monitoring , • Date Initials Prior to MM NOISE-1 construction Prior to commencement of construction activities, notice shall be provided to surrounding residents within a 500-foot distance of the Public Works project site, regarding Department anticipated construction activity dates and times when substantial noise is anticipated to occur. Prior to distribution, the notice shall be reviewed and approved by the Director of Development Services. MM NOISE-2 To reduce construction-related noise impacts, construction shall be limited to periods of reduced noise sensitivity and thus reduce sleep disturbance and other noise nuisance potential. Pursuant to the City's Noise Ordinance, the construction contractor shall ensure that general construction activities (which includes construction vehicle staging and idling engines) be conducted only between the hours of 7:00 AM and 8:00 PM on weekdays, between 8:00 AM and 8:00 PM on Saturday, and do not take place at any time on Sunday or local, State, or Federal holidays. MM NOISE-3 Prior to Building/Grading Permit issuance, the Building/Grading Plans shall be reviewed and approved by the Planning Department to ensure compliance with the following: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of.the Building Official; • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors, to the satisfaction of the Building Official; and • During construction and to the satisfaction of the Building Official, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. Resolution Number 5790 ~ ' " ~ : Responsible • ' .. . Completion Timing ~ • , ,. Measure • • fo r Monitoring, •Date Initials MM NOISE-4 All construction-related noises will cease upon completion of the project Transportation/Traffic Prior to initiation of SC TRAF-1 construction Prior to initiation of construction activities, final design of the construction staging area shall be approved public Works by the Seal Beach Public Department Works Director after consultation with the California Coastal Commission and selection of the Construction Contractor. Adoption of Mitigated Negative Declaration OS-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 ATTACHMENT 2 INITIAL STUDY AND NEGATIVE DECLARATION 08-2, EAST BEACH SAND NOURISHMENT PROJECT, PREPARED BY CITY OF SEAL BEACH AND BONTERRA CONSULTING, JUNE 2008 Note: Previously provided to City Council. Copy will be available at City Council Meeting to review. DS -Staff Report - MND OS-2-East Beach Sand Nourishmer~ Adopfion of Mitigated Negative Declaration OS-2 - Easf Beach Sand Nourishment project Cify Council Staff Report Ocfo6er 13, 2008 ATTACHMENT 3 NOTICE OF DETERMINATION, MITIGATED NEGATIVE DECLARATION 08-2, EAST BEACH SAND NOURISHMENT PROJECT DS -Staff Report - MND OS-2-East Beach Sand Nourishme>h~ Adoption of Mitigated Negative Declaration OS-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 ~e City of Seal Beach, 211 8th Street ® ®®®®®® Seal Beach, CA 90740 ®® 562-431-2527 NOTICE OF DETERMINATION TO: X Office of Planning and Research FROM: City of Seal Beach State of California Department of Dev Services 90740 1400 Tenth Street, Room 121 211 Eighth Street Sacramento, CA 95814 Seal Beach, CA. X Clerk-Recorder, County of Orange 12 Civic Center Plaza, Room 106 Santa Ana, CA 92701 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code: EAST BEACH SAND NOURISHMENT PROJECT Project Title SCH 2008061107 State Clearinghouse Number (If submitted to State Clearinghouse) LeeWhittenbera (562) 431-2527 ext 1313 Contact Person Area Code/Telephone/Extension: The site comprises the majority of East Beach, which is bound by the Seal Beach Pier to the west, residential land uses to the north, the west jetty of Anaheim Bay to the east, and the Pacific Ocean to the south. Regional access to the site is provided via Pacific Coast Highway (PCH). Project Location DS -Staff Report - MND OS-2-East Beach Sand Nourishme~tt Adoption of Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 With the proposed project, the City of Seal Beach would receive up to 200,000 cy of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the project site. As the USAGE is conducting periodic nourishment of the Surfside-Sunset beaches as part of an ongoing USACE continuing construction project, there is an opportunity for the City to obtain cost-effective suitable nourishment materials to meet its own shore protection requirements through partnering with the USACE. Accordingly, the material would be placed at Seal Beach as a locally funded incremental element/modification to the USACE Stage 12 project. Material from the USAGE offshore borrow site would be pumped through a pipeline that would be submerged on the ocean floor. The dredge material would be discharged to a designated fill area on the beach. This designated fill compartment would have a maximum footprint of approximately 2,300 feet in length and a maximum width of approximately 510 feet. The proposed project beach profile would be consistent with existing conditions and the foreshore would extend below MLLW at a slope of 10 (horizontal) to 1 (vertical). Project Description This is to advise that the City of Seal Beach (Lead Agency) has approved the above-described project on October 13, 2008 and has made the following determinations regarding this project: 1. The project will not have a significant effect on the environment. 2. Mitigation measures were made a condition of approval of the project. 3. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration and record of project approval may be examined at: City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740. This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged copy to: City of Seal Beach, Attn: Planning Department, 211 Eighth Street, Seal Beach, CA 90740 Date Received for Filing Signature Director of Development Services Title DS -Staff Report - MND 08-2-East Beach Sand Nourishme~Q Adoption of Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 ATTACHMENT 4 RESPONSES TO COMMENTS FOR THE EAST BEACH SAND NOURISHMENT PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, DATED SEPTEMBER 2008 DS -Staff Report - MND 08-2-East Beach Sand Nourishmefi~j RESPONSES TO COMMENTS EAST BEACH SAND NOURISHMENT PROJECT STUDY/MITIGATED NEGATIVE DECLARATION City of Seal Beach Department of Public Works 211 Eighth Street Seal Beach, California 90740 Pamela G. Castens, Senior Project Manager BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 T: (714) 444-9199 F: (714) 444-9599 September 2008 East Besch Nourishment Protect ' MND Responses to Comments TABLE OF CONTENTS Section Paae Introduction ................................................................................................................1-1 1.1 Introduction .......................................................................................................1-1 1.2 Public Notification and Review Process ............................................................1-2 2 Responses to Comments ..........................................................................................2-1 2.1 Responses to Comment Letters Received ........................................................2-1 3 Clarifications and Revisions .....................................................................................3-1 R:V'rojectslSealBeaU002~Responses to CommentslFnel Seel Beech RTC-091808.dac i Table of Contents East Beach Nourishment Projecf MND Responses b Comments SECTION 1.0 INTRODUCTION 1.1 INTRODUCTION The City of Seal Beach has conducted an Initial Study/Mitigated Negative Declaration (IS/MND) for the East Beach Sand Nourishment Project pursuant to the California Environmental Quality Act (CEQA), as amended (Public Resources Code, §21000 et seq.), and in accordance with the State CEQA Guidelines (Code of Regulations, Title 14, §15000 et seq.). In summary, the City of Seal Beach would receive up to 200,000 cubic yards of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the East Beach project site (located on the east side of the Seal Beach Pier, between the pier and the Anaheim Bay west jetty). Material from the U.S. Army Corps of Engineers (USAGE) offshore borrow site would be pumped through a pipeline that would be submerged on the ocean floor. The designated fill compartment on East Beach would have a maximum footprint of approximately 2,300 feet in length and a maximum width •of approximately 510 feet. Implementation of the proposed project would occur during the 2008- 2009 winter season or in early spring 2009. Total construction would occur over a period of approximately four weeks. Pursuant to Public Resources Code, Section 21080(c)(2), the City of Seal -Beach determined that a Mitigated Negative Declaration (MND) was the appropriate environmental document for the project. Public Resources Code, Section 21091 (f) and the CEQA Guidelines, Section 15074 require that the lead agency consider the MND and comments received before approving the project. Specifically, Section 15074(b) states: Prior to approving a project, the decisionmaking body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decisionmaking body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project would have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. Although not required by CEQA, the City of Seal Beach has prepared written responses to the comments received on the East Beach Nourishment Project Draft IS/MND. These Responses to Comments are organized as follows: Section 1 Provides a brief introduction to this document, a summary of the public review process, and a list of commenters. Section 2 Provides responses to the comments received pertaining to the IS/MND. Written comment submittals are designated as Comment Letters A through G. Specific questions or comments within the body of each comment have been bracketed and numbered in the body of the comment letter. All responses refer to a specific question or comment and are identified with the corresponding alphanumeric • designation (e.g. `Comment A-1' refers to comment 1 contained within Letter A; Response to Comment A-1 will follow comment letter `A,' and respond specifically to the bracketed comment `1' contained in Letter A.) R:\ProjectslSealBeaW002\Responses to Comments\Flnel Seal Beach RTC-091808.dac 1-1 Introduction East Beach Nourishment Projecf MND Responses to Comments SECTION 2.0 RESPONSES TO COMMENTS 2.1 RESPONSES TO COMMENT LETTERS RECEIVED This section includes responses to comments received by the City of Seal Beach on the Draft IS/MND. In this section, comment letters are followed immediately by the corresponding responses. R:\ProJects\SealBeaW002\Reaponses to Comments\Flnal Seel Beach RTC-097808.doc 2-1 Responses fo Comments Letter A ~~oF . ~.~:~ . STATE OF CALIFORNIA * ~~ e $. ~ .p ~ GOVERNOR'S OFFICE of PLANNING AND RESEARCH~~~ g STATE CLEARINGHOUSE AND PLANNRVG UNIT °FC"up° ARNOLD 5cawaaz&RaGGBR CYNTEIrA SR7G4VT fsovERNOR ~ Dnu:croR .Tiny 22, 2008 David Spitz City of Seal Beach 211 Bighth Street Seal Beach, CA 40740 Subject: East Beach I~Tourishment Froject SCH#: 2008061107 Dear David Spitz: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. Oa the enclosed Document Details Report please note that the Clearinghouse has Iisted the state agencies that reviewed your document. The review period closed on July 21,.2008, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's tea-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21 I04(c) of the California Public Resources Code states that: "A responsible or other public agency shall onlymake substantive conmmeats regarding those activities involved in a project which are within as azea of expertise of the agency or which are required to be carried out or approved by the agency. Tlwse comments shall be supported by specific documentation•." These comments are forwarded for use in preparing your final environmental documennt. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Envaonmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have ally questions regarding the environmental review process. Sincerely, ~~ ~~.~~ Terry Roberts Director, State Clearinghouse Enclosures cc: Resources Agency 140010th Street Y.O. Boa 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 3Z3-3018 rvww.opr.ca.gov East Beach Nourishment Project MND Responses b Comments Response to Letter A State of California Governor's Office of Planning and Research July 22, 2008 A-1. The letter acknowledges that the City of Seal Beach has complied with the State Clearinghouse review requirements and that the State Clearinghouse has submitted the MND to selected State agencies for Review. No further response is required. R:1ProjectslSealBeaW0021Responses to CommentslFlnel Seal Beach RTG091808.dac 2-2 Responses to Comments Letter B Stets of California .The Aesauroes DEPARTAIIENT OF PARKS AND RECREATION orang® coast District 3030 Avenida del Pres{dente San Clemente, Caiifamia 62672 July 21, 2008 Mr. David Spitz, P.E. City oP Seal Beach 211 8`~ Street Seal Beach, California 90~~0 562-431.2527 . Dear Mr. Spitz; Cl.~A1~ ~.21.~ e Arnold Sehur~rmevggsr, Governor Ruth Coleman, Director JUL 2 1 2008 STATE CLEARENG HOUSE We have reviewed the City of Sea! Beach East Beach Sand N~urtshmerrt Protect tn~Ytat Study/Mitigated Negative Declaration, SCH #2008061107. Bolsa Chita State beach is & year- raund destination for those who enjoy outdoor activities such as swimming, surfing, sunning, cycling, fishing and wildlife viewing. As this project may impact 13olsa Chita State t3eacn, we offer the following comments for consideration. No mention fn the document Is made of the possible consequences of this operation to down- coast resources. In the past, we observed a borrow piVdredging effort far which the take zone was turtner down-coast and offshore. The alignment coincided with wave patterns that strongly affected beach erosion at Balsa Chita State Beach. As a result, we experienced a significant foss of beach that left less than twenty feet of dry sand buffering park infrastructuro. The proposed borrow pit area appears to have I'dtle potential effect to Bolsa Chita State Beach. However, we ask that selection of the borrow pit site for this project and, indeed, future dredging operations for the City of Seal Beach East Beach include careful analysis to assess the passibil'~ty of Impacts to Boise Chiea State Beach and other down-coast resources. We appreciate the opportunity to comment on this project. Sincerely, .~ ~ Kenneth M. Kramer District Superintendent Qrange Coast District KK/LAlla s - East Beach Nourishment Project MND Responses to Comments Response to Letter B Department of Parks and Recreation, Orange Coast District July 21, 2008 B-1. The environmental impacts associated with dredging operations were covered as part of the federal Surfside-Sunset Stage 12 project being conducted by the U.S. Army Corps of Engineers, Los Angeles District (USAGE) (please see Section 3.1, Project Background of the IS/MND). The USAGE Draft Environmental Assessment (EA) for the Surtside- Sunset Beach Nourishment Project, Stage i2, Orange County, California was distributed for public review in May 2008, and addressed downcoast impacts associated with borrow site selection. The USACE's EA concluded that bathymetric alteration associated with dredging operations at the borrow pit were not significant enough to induce a change in wave pattern or coastal sediment transport. R:~Projec[s~SealBeaW002~Respanaea to Comments~Final Seal Beach RTC•091808.doc 2-3 RBSponSES tO Comments ~~ -~- ~ - ~ ~ - Letter C -- c'PA'TTi OF CALIFOR~A R[JSiNE3S 1RAN4t'oRYATlON AND HOl7SING.AGLNCY ARNOLn SCHVVARZEAIEC3GER Ciaverm~r DEP_4RT~IENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite380 Irvine, CA 92612-8844 Tel: (949) 724-2207 Fax:(9d9)724-2592 dune Z5, 2008 Mr. Lee Whittenberg City of Seal Beach 211 8~` Street Seal Beach, California 90740 Subject: East $each Sand Nourishment Project Dear Mr. Whittenberg, F7ex3our pat~r~ Bs energy e;~jtctentt File: IGR/CEQA SCH#: 2008051107 Log #: 2080 PCH Thank you for the opporttuaity to review and comment on the Initial Study and Mitigated Negative Declaration for the East Beach Sand Nourishment Project. With the proposed project, the City of Seal Beach would, receive up to 204,000 cy of suitable material to be placed at Seal Beach as a locally funded incremental element/modification to the U.S. Army Corps of Engineers Stage 12 project. The nearest State route to the project site is Pacific Coast Highway (PCI-~. ~ • . The California Department of Transportation (Department), District 12 is a commenting agency 1 on dais project and has no comment at this time. However, in the event of any activity within the Department's' right-of-way, an encroachment wit will be required. Please continue to keep us informed of this project and any future developments, which coulfl " potentially, impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Damon Davis at (949} 440-3487. Sinai yon Chamberlain, Branch Chief Local Development/Intergovernmental Review C: Teary Roberts, Office of Planning and Research "Cattrans improvrs mobttiN acrvxr Catffornta" East Beach Nourishment Project MND Responses to Comments Response to Letter C Department of Transportation, District 12 June 25, 2008 C-1. Comment acknowledged. At this time, the proposed project does not require activity within the California Department of Transportation's right-of-way. No further response is required. R:1Projects\SealBeaW002\Responses to Comments\Final Seal Beach RTC•091808.dx 2-4 Responses b Comments Letter D NA~'t1VE AMERICAN HERITAGE COMMISSION 915 Cj1PITOL MALL, AOOM 984 SACRAMENTO, CA 95a14 (91B)853~8Z51 Fax (9'18) 857-8590 . Web SRa www.nshc.ra.aov e-mall: da_nahc®pacball.nat July 8, 2008 7•L(•s~ Mr. David Spitz, P.E.,,Assodte Engineer GIT1F OF SE1LL BEIkCH ~ 211- 8TM Street Seal Beach, CA 90740 F~F~E1V~~ JUL 1 7 2008 STATE CLEARING HOUSE Re; SCHf12008061107: CEQA Notice of Completion: Intial Studv/ororoosed Mlticated Negative Diaciaration for the East Beach Send Nourishment Protect City of Seat Beach: Orange Countv. California Dear Mr. Spitz The Native American Heritage Commission (NAHC} is the state agency designated to protect Califomis'a Native American Cultural Resources. The Califomia Environmerrial Quality Act (CEQA} requires that ar~r project that causes a substantial adverse change in the significance of an historical resource, that inductee archaeological resources, is a 'significant effect' requiring the preparation of an Ernironmental Impact Report (EIR} per the Califomia Code of Regulations §15064.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the envlranmen# as °a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project; inducting ...objects of historic ar aesthetic aignificance.° In order to comply with this provision, the lead agency is required to assess whether the project vwll have an adverse impact on these resources within the'area of potential affect (APE)', and iP so, to mitigate that effect To adequately assess the projectrelated impacts an historical resources, the Commission recommends the following action: ~ Contact the appropriate Califomia Historic Resources inbrmation Center (CHRIS) for possible 'recorded sites' in locations where the development will or might occur.. Contact information forthe Information Center nearest you is available ftam the State Office of Historic Preservation (9161853 7278}/ htto://www.oho.oarks.ca.aov. The record search will determine: ^ if a part or the entire APE has been previously surveyed for cultural resources. ^ If any known cultural resources have already been recorded in or adjacent to the APE. ^ if the• probability is low, moderate, or high that culturet resources are located in the APE. ^ !f a survey is required to determine whether previously unrecorded cultural resources are present ~ If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing fire flndngs and recommendations of the records search and field survey. ^ The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department Ali information regarding site locations, Native American human remains, and associated funerary objects should be in a separate cortfideMia! addendum, and not be made available for pubic disclosure. ^ The final written report should be submitted within 3 monttls after work has been completed to the appropriate regicnal archaeologiwi Information Center. ~ Contact: the Native American Heritage Commission (NAHC) for. A Sacred Lands Fie (SLF} search of the project area and Infomtation on tribal contacts in the project vidnity that may have addrtionai cultural resource information. Please provide this office with the following dtation format to assist with the Sacred Lands F1e search request U5G5 7.5-minute auadranale citation with name. township. range and section: . ^ The NAHC advises the use of Native American Monitors, also, when profession archaeologists orthe equivalent are employed by project proponents, in order to ensure proper ident(flcation and care given cultural resources that may be discovered. The NAHC recommends that contact be made w1~fr Native American Contacts on the attached listto get their input on paterrtial project impact (APE). In some cases, the existence of a Native American cultural resources may be known only tc a local tribe(s). d Lack of surface evidence of archeological resources does not predude their subsurface existence. ^ Lead agendas should include in their mitigation plan provisions for the identification and evatuatian of accidentally discovered ar~ctlealogicai resources, per Cal'rfomia Ernironmentai Quality Act (CEOA) §15064.5 (f). . In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native • American, with knowledge in cufturel resources, should monitor all ground-disturbing activities. ^ Aculturally-affiliated Native American tribe may be the only source of information about a Sacred SiteMative American cultural resource. ^ Lead agencies should indude in their mitigation plan provisions for the disposition of recovered artifacts, fn consultation with culturally affiliated Native Americans. ~ Lead agencies should include provisions far discovery of Native American human remains or unmarked cemeteries in their mitigation plans. ' CEQA Guidelines, Section 15064.5(d) requires the Lead agency tQ work with the Native Americans idehtified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE CEC~,4 Guidelines provide for agreemertls with Nativs American, identified by the NAHC, to assure the appropriate acid dignified treatment of Native American human remains and any associated grave (fens. d Health and Safely Code 87050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the Calif+omia Cade of Regulations (CEQA Guidelines) mandate procedures th be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 ofthe Health & Safety Code states that disturbance of Native American cemeteries is a felornr. ls~ae"lanunnime~G...~.t.a........:.~__-•--~~---- - ~ .. ----- iLnnlementation Please ~eei free to c ^rrlact me at (916) 653.6251 if you have any quesflona. Dave Singleton Program Analyst Attachment List of Native American Corrtacts cont. Cc: State Clearinghouse Easi Beach Nourishment Project MND Responses to Comments Resaonse to Letter D Native American Heritage Commission July 8, 2008 D-1. Comment acknowledged. Proposed project activities at the East Beach Sand Nourishment Project site were evaluated in a previously adopted Mitigated Negative Declaration, adopted in 1997. The 1997 MND found that there no archaeological, paleontological, and historical resources or the potential for disturbance of human remains identified within the project area. As proposed project activities primarily involve replacement of sand onto a beach that is subject to continual and periodically severe erosion, the potential for uncovering unknown cultural resources is low. Please refer to the analysis of cultural resources provided in Section V of the IS/MND. R:\ProjeclslSeslBeaU0021Responaee to CommentslFlnal Seel Beach RTC-087808.doc 2-5 Responses tD Comments Letter E O R A R iY B d: 0 li N T t ~ ~~~~' ~~~ 3Da1~i F7avrar 9draei Pui~~~~~~r °~ 3enta Ans. CA 927©2-A043 Our Cmsawalt*. 8w it+msrtdm-at. 'f¢~~p~; (P1~8~7lOC Fax ~'+ 1~ 89+15189 1VCL ~-0a® July 23, 2408 i4ir. Lae'v~hittentae~rg City of Seal Bea~fia 2118th Street Seal Bead, CA 90'70 SIIHJEGT; East ad1 ~S~d Nourishrneat Project near 1~1r. GVl3ittenberg: '~ aix~ue mani~trned ib~in'1 is en Irtltisl St+~dyl~lfilg~d Negative Declaration (1SdMMD~ farthe East Beech Sand htaurlsl~rcrent Rroject lasted in the City of Seat 13eacfi. Tl~ Gount~ vt't)range has realet~d the ISIMN® anr! hris no cornrr~ta a# #his time, 1 However, vw~e Id like #u be ativi~d ~f any further develo#sments. l~ y©u bees arty gc~hior~s, please corrEalt iWfary Ann cones a# j? ~E~} 83~-387. Sinoe~relyri , ~ •' ~,r~,,•, ;~ a Ritnatd L Ttp ie~ Cun+ent ant4 i=iwir~anmentai Plannir-g East Beach Naurishmeni Pro%ecf MND Responses to Comments Response to Letter E County of Orange, Public Works Department July 23, 2008 E-1. Comment acknowledged. No further response is required. R:1PryectslSealBea1J002Wesponses m CammentslFnel Seal Beach RTC-091808.doc 2-6 Responses to Comments Letter F David Spi#z Frarp: tfllasencr, Jennifer {.1Viilasenarp~surfcity-hb.crgj Sent: V~+adrvesclay, Juiy 2.3, 200$ 2.45 pArl To: Daaid Spy Su#~jec#; RIi2: tag Dee - EasE Beach Thank you. Tice D~'Ey of Hanti~ngtan Beech has revi+ed the drab. fi~I~NI] and has the foltawing t:omrrlent: The Glty of Huntingtr~n Ba2~oh should be notified i# access bo the Iiuntingtan HB~rvia Anaheim Bap is 1 Impeded at any time doting the proposed projeot, '`hank you for the opportunity to review ~e draft INIVD. ~ ~~ CiEy +af N un~ngt~n Beach Planning Depattatient East Beach Nourishment Project MND Responses to Comments Resaonse to Letter F City of Huntington Beach, Planning Department July 23, 2008 F-1. Comment acknowledged. The proposed project would pump borrow material from the offshore borrow site near Surfside Colony through a submerged pipeline over to the nourishment site at East Beach. Access to Anaheim Bay and Huntington Harbour will not be impacted by these activities. R:1ProJectslBealBeaW002~Responsea to CommentslFlnal Seal Beach RTC-1A1808.doc 2-7 Responses to Comments --- - - ----~ ----- --..._ ...__. Letter G _ City of Seal Beach Environmental Qualify Control Board Meeting Minutes of July 16, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 MOTION by Hurley; SECOND by Barton to approve the Consent Calendar as presented. MOTION CARRIED: 3 - 0 - 2 AYES: Voce, Barton, and Hurley NOES: None ABSENT: Neal, and Navarro V Scheduled Matters 3. Review of document and provision of comments -Draft Mitigated Negative Declaration 08-2, East Beach Sand Nourishment Project. Recommendation: Receive presentation from Staff regarding the proposed project and the environmental review process. Receive comments from the public and provide any Board Member comments regarding proposed Mitigated Negative Declaration 08-2 (MND 08-2)., Receive and File Staff Report. Staff-Reoort -~ - - - Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning Deparfinenf.) He provided some background information on this item and noted that a copy of the draft report for MN~D 08-2 was provided to the Board Members at the previous meeting of June 25, 2008, and tonight's meeting was scheduled in order to receive the Board's comments or concerns. He explained that this is a federal sand nourishment project that occurs approximately every 4-6 years to replenish sand on the beach that is depleted due to the construction of the Navy jetties at Anaheim Bay, the federal breakwater in Long Beach, and the channelization of the San Gabriel/Los Angeles rivers. Board Comments Chairperson Voce expressed his concern with the dredging of sand from the river, which could disrupt and release toxins from the river bottom, and then depositing this contaminated sand onto the beach. He noted that there really is no way of °treating" this sand prior to transferring it. He then commented on the effects to air quality by toxic fumes released from the sand into the air during this process, as well as particulate matter from the equipment used for this project. He also noted that during the rainy season bacteria and heavy metal content can be released from the replenished sand. Member Barton asked who pays the cost of this type of project. Mr. Olivera explained that this is afederally-funded project, but in approximately the 1950s the City of Seal Beach took on the responsibility for maintaining the main beach area. He added that Surfside is still under the federally-funded program. 2of4 ' 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 __ . .___ Letter G Cont. City of Seal Beach Environmenfa/ Quality Cantro/ Board Meeting Minutes of July 76, 2008 Member Hurley stated tha# it would facility#e reading the document if Section 5 were subdivided, using separate titles listing the various environmental factors discussed. He then made the following recommendations for changes to the document: 1. Pg. 1-1 - Heading far Section 1.3 should read "Initial Study Mitigated Negative 1 Declaration Approval," as the approval of the project is discussed in Section 3.3. 2. Pg. 4-5 - More than one checkbox at the top of the page for environmental factors 2 should have been checked. ] 3. Pg. 4-19 - Add the word "continued" at the bottom of the page so the reader will know this statement continues on the next page. 3 4. Pg.S-30 & 5-31 Discussion on "Noise-Related Noise Impacts" is faulty, as residences near 13~' Street would experience impacts of approximately 81 or 82 dBAs, not 77. There should be a comparison between the existing noise _ 4 and the noise atlded by the construction-related activities, as. this would reflect the cumulative level of noise levels experienced by residents. 5. Pg. 5-30 Do the sound levels shown in Table 6 include mitigation measures? 5 Noise reduction levels provided by mitigation measure should be shown. 6. Pg. 3-2 It would be helpful to include a less technical summary statement, such as, "As indicated, the beach wiU be widened by 250 feet at ifs present 6 narrowest point and proportionately elsewhere." The aerial photograph . provided is not very clear. Member Hurley then camrnented that City policy covering this subject is not mentioned and should be discussed in the MND. VI Staff Concerns None. VII Board Concerns None. Vlll Adjournment Chairperson Voce adjourned the meeting at 7:09 p.m. to August 27, 2008. 7 3 of 4 East Beach Nourishment Project MND Responses to Comments Response to Letter G City of Seal Beach Environmental Quality Control Board July 16, 2008 G-1. Comment acknowledged. Section 1.3 of the IS/MND has been retitled "Initial Study/Mitigated Negative Declaration Approval Process for clarity (see Section 3.0, Clarifications and Revisions, of this Response to Comments document). G-2. The checklist at the top of page 4-5 entitled "Environmental Factors Potentially Affected" is intended to summarize the 'potentially significant impact' designations identified in the subsequent environmental analysis. As the analysis within Section 4.0 of the MND indicates that no environmental factors were identified as having a `potentially significant impact' designation, the checkmark next to 'Biological Resources was in error and has been removed within Section 3.0 (Clarifications and Revisions) of this Response to Comments document. G-3. Comment acknowledged. Section 3.0 will reflect the addition of the word `Continued' to the bottom of page 4-19. G-4. Spreading activities to move sand around on East Beach are dynamic, and ~it may be possible that activities could briefly occur closer than 200 feet to the residences near 13th Street. Construction noise impacts are considered less than significant based upon the exemption contained within the City of Seal Beach Municipal Code for construction activities occurring within designated hours; however, the addition of noise-abatement best management practices as a requisite mitigation measure (such as noise mufflers and engine shrouds) will minimize this disturbance. G-5. The noise contours in Table 6 do include the use of engine mufflers as a standard element of construction equipment. MM NOISE-1 is intended to make the Construction Contractor aware of the sensitivity of the residential community so that best management practices are applied to minimize the disruption from noise. G-6. A summary of the proposed project beach width has been added to Page 3-2 in Section 3.0 (Clarifications and Revisions) below. G-7 The City Council has adopted Policy Statement 600-11 which sets forth standard mitigation measures to be imposed based on project specific construction-related noise impacts. With the imposition of Mitigation Measures N-1 through N-4, as stated below, noise impacts resulting from the implementation of the proposed project are considered less than significant. NOISE-1 Prior to commencement of construction activities, notice shall be provided to surrounding residents within a 500-foot distance of the project site, regarding anticipated construction activity dates and times when substantial noise is anticipated to occur. Prior to distribution, the notice shall be reviewed and approved by the Director of Development Services. NOISE-2 To reduce .construction-related noise impacts, construction shall be limited to periods of reduced noise sensitivity and thus reduce sleep disturbance and other noise nuisance potential. Pursuant to the City's Noise Ordinance, the construction contractor shall ensure that general construction activities {which includes construction vehicle staging and R:1ProJeds~SeelBeaW002~Responses to CammentalFnal Seal Beach RTl}091808.doc 2-8 Responses t0 Comments East Beach Nourishment Project MND Responses to Comments idling engines) be conducted only between the hours of 7:00 AM and 8:00 PM on weekdays, between 8:00 AM and 8:00 PM on Saturday, and do not take place at any time on Sunday or local, State, or Federal holidays. NOISE-3 Prior to Building/Grading Permit issuance, the Building/Grading Plans shall be reviewed and approved by the Planning Department to ensure compliance with the following: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of the Building Official; • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors, to the satisfaction of the Building Official; and • During construction and to the satisfaction of the Building Official, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. -- - NOISE-4 ~ All construction-related noises will cease upon~completion of the-project. R:1Projects~3eal8ea1J002~Responses to CommerKSlFlnal Seal Beach RTG097808.doc 2-9 Responses t0 Comments East Beach Nourishment Project MND Responses to Comments SECTION 3.0 CLARIFICATIONS AND REVISIONS This section includes recommended clarifications and revisions to the IS/MND,~ organized by page number. Deleted text is shown as s#il'Eee~ and new text is underlined. 1. Page 1-1, Section 1.3: The heading for this section has been re-titled "Initial Study/Mitigated Negative Declaration Approval Process" (Comment G-1). 2. Page 3-2: The first paragraph is amended by the addition of the following statement in response to comment G-6:: "...post-construction beach berm (level, finished, beach surface of the fill) and the foreshore slope toward the water. The proposed project beach profile would be consistent with existing conditions and the foreshore would extend below MLLW at a slope of 10 (horizontal) to 1 (vertical). Exhibit 3-4 shows the cross-sections of the project. Once constructed, the narrowest Dart of East Beach in the vicinity of 14th Street will be widened by approximately 500 feet. providing an additional 250 feet of drv beach above high tide:' -~- ~ 3: Page 4-5: The checklist on the top of the pa~ge~~~entitled "Environmental Factors Potentially -- Affected" is hereby amended by the removal of the check designation next to `Biological -, ~ ~~~ Resources' (Comment G-2). 4. Page 4-19: The bottom of Page 4-19 is hereby amended by the addition of the word `continued' at the bottom of the page (Comment G-3). 5. Page 5-31 and Mitigation Monitoring Plan: Mitigation measure Noise-1 has been deleted and replaced with Mitigation measures Noise-1 through Noise-4, consistent with Policy Statement 600-11, which sets forth standard mitigation measures to be imposed on construction projects relating specifically to construction-related noise impacts. (Comment G-7): Mitigation Measures Although not required, implementation of ~FAA~-PJeise-~- MMs Noise-1 through -4 would further reduce noise levels associated with construction activities. MM NOISE-1 Prior to commencement of construction activities, notice shall be provided to surrounding residents within a 500-foot distance of the proiect site, regarding anticipated construction activity dates and times when substantial noise is anticipated to occur. Prior to distribution, the notice shall be reviewed and approved by the Director of Development Services. MM NOISE-2 To reduce construction-related noise impacts. construction shall be limited to periods of reduced noise sensitivity and thus reduce sleep disturbance and other noise nuisance potential. Pursuant to the Citv's Noise Ordinance, the R:\Projecta\SealBeaV0o2\Reaponsae m Commerrta\Flnal Seal Beach RTG091808.doc 3-1 C/ariflcations and Revisions East Beach Nourishment Project MND Responses b Comments construction contractor shall ensure that general construction activities which includes construction vehicle ~stagina ~ and idling engines) be conducted only between the hours of 7:00 AM and 8:00 PM on weekdays between 8:00 AM and 8:00 PM on Saturday and do not take place at any time on Sunday or local. State. or Federal holidays. MM NOISE-3 Prior to Building/Grading Permit issuance the Building/Grading Plans shall be reviewed and approved by the Planning Department to ensure compliance with the following: • All construction eauipment. fixed- or mobile. shall be equipped with properly operating and maintained mufflers to the satisfaction of the Building Official: • During construction. stationary construction eauipment shall be placed such that emitted noise is directed away from sensitive noise receptors, to the satisfaction of the Building Official: and • During construction and to the satisfaction of the Buildino Official. stockpiling and vehicle staging ~ areas shall be located as far as practical from noise sensitive receptors MM NOISE-4 All construction-related noises will cease upon completion of the protect R:1Projecta~SealBeaV002~Responses to Camments~Flnel Seal Beach RTC-091808.doc 3-2 Clarifications and Revisions ~~ This document printed on recycled paper. Adoption of Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment project City Council Staff Report October 13, 2008 ATTACHMENT 5 MITIGATION MONITORING PROGRAM - EAST BEACH SAND NOURISHMENT PROJECT, DATED SEPTEMBER, 2008 DS -Staff Report - MND 08-2-East Beach Sand Nourishme~t4 MITIGATION MONITORING PROGRAM FOR THE EAST BEACH SAND NOURISHMENT PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION City of Seal Beach Department of Public Works 211 Eighth Street Seal Beach, California 90740 Pamela G. Castens, Senior Project Manager BonTerra Consulting 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 T: (714) 444-9199 F: (714) 444-9599 September 2008 East Beach Nourishment Project MITIGATION MONITORING PROGRAM FOR THE EAST BEACH SAND NOURISHMENT PROJECT PROJECT DESCRIPTION The City of Seal Beach would receive up to 200,000 cubic yards (cy) of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the East Beach project site (located on the east side of the Seal Beach Pier, between the pier and the Anaheim Bay west jetty). Material from the U.S. Army Corps of Engineers (USAGE) offshore borrow site near Surfside Colony in Sunset Beach would be pumped through a pipeline that would, be submerged on the ocean floor. The designated fill compartment would have a maximum footprint of approximately 2,300 feet in length and a maximum width of approximately 510 feet. Implementation of the proposed project would occur during the 2008-2009 winter season or in early spring 2009. Total construction would occur over a period of approximately four weeks. Construction equipment on the beach would consist of one loader, one excavator, and two bulldozers. The pipeline utilized to move material from the borrow site to East Beach would consist of a steel tube approximately 24 inches in diameter that is constructed in 2 segments. The first segment would extend west from the dredge at the borrow site to a booster pump supported by a barge approximately 5,700 feet offshore; the second segment would extend shoreward (north) from the booster pump/barge to the sand-placement site on East Beach. Mitigation Monitoring Pro4ram California's Public Resources Code §21081.6 requires that a lead or responsible agency adopt a mitigation monitoring program (MMP) when approving or carrying out a project where an environmental document-either an environmental impact report (EIR) or a mitigated negative declaration (MND)-has identified measures to reduce potential adverse environmental impacts to levels that are less than significant. The City of Seal Beach is the lead agency for the East Beach Sand Nourishment Project and is therefore responsible for implementing the MMP. The attached table identifies the mitigation program that the City of Seal Beach must implement for the proposed project. The mitigation program includes the following components: standard conditions (SC) and mitigation measures (MM). The table identifies the timing of implementation; the respective SC or MM required; and the City Department responsible for monitoring compliance. The numbering system corresponds with the numbering system used in the MND. The last column of the MMP table will be used by the Compliance Monitor to document implementation of the measure. The on-going documentation and monitoring of mitigation compliance will be completed by the City of Seal Beach. The completed MMP and supplemental documents will be kept on file at the City of Seal Beach Development Services Department. R:\PraJecu\Seal8eaU002\Rnal MMP Seal Beach-09180B.dx 1 Mitigation Monitoring Program m E N .' Z V ~0 m .~ a7 LLI Y ~.+ ~ C O O U O ~ O. O N a° L y N C 0 O .~ O O O '-' G C co c p 0 -C O. N N N C L d~ .L. t> t C O~ O A p= 'O C o~-oUcc~o i ~ aTi ~ m ~ o~ ~~ N~~ N~ "~ V .3 y N O 7 N ~ ~ ~ ~ ~ v ~ ~ t 'C O p ,N ~ ocaQ-~y.~~y~~~ `r~U"" N cM- ~ c~ ~ ca ~ o ~ N o O a~i ciiU os a o.~•.mE~ :.. 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