HomeMy WebLinkAboutCC AG PKT 2009-03-23 #FAGENDA STAFF REPORT
DATE: March 23, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: APPROVAL OF MITIGATED NEGATIVE DECLARATION
09 -1 - CITY WIDE SEWER CAPITAL IMPROVEMENT
PROJECT CIP NO. SS0901
SUMMARY OF REQUEST
Adopt Resolution No. 5847, A Resolution of the City Council of the City of Seal
Beach Adopting Mitigated Negative Declaration 09 -1, City Wide Sewer Capital
Improvement Project CIP No. SS0901, and Instructing Staff to File Appropriate
Documentation with the County of Orange.
DISCUSSION
MITIGATED NEGATIVE DECLARATION 09 -1 — CITY WIDE SEWER CAPITAL
IMPROVEMENT PROJECT CIP NO. SS0901:
Proiect Overview:
City Wide Sewer Capital Improvement Project CIP No. SS0901 Project
Location:
❑ Project Location and Environmental Setting:
The City of Seal Beach (City) is located along the California coastline in
the northwestern portion of Orange County; refer to Exhibit 2 -1, Regional
Vicinity. The proposed City Wide Sewer Capital Improvement Project CIP
No. SS0901 includes infrastructure improvements proposed throughout
the City (herein referenced as the "project site "). The City encompasses
approximately 7,134.5 acres, of which 6,458 are served by its sewer
system; refer to Exhibit 2 -2, Local Vicinity,
Agenda Item F
Page 2
❑ Statement of Need /Project Description:
Statement of Need.
The City's Public Works Division provides wastewater collection service to
approximately 5,000 customers in the northeast and southwest regions of
the City, as well as the Sunset Aquatic Park located within the southern
portion of the City. The City sewer system is divided into 10 sewersheds;
refer to Exhibit 2 -3, Wastewater Collection System Service Areas. The
northeast region covers the College Park East/Lampson, Old Ranch
Towne Center, and Centex Homes sewersheds. This region is bounded
by 1 -405 to the south, Bolsa Chica Channel to the east, the Armed Forces
Reserve Center to the north, and Seal Beach Boulevard to the west. The
predominant land use in College Park East and Centex Homes is
residential low density (RLD) housing and a golf course. Old Ranch
Towne Center consists of commercial land uses.
The southwest region is located to the south of Westminster Avenue and
generally west of Seal Beach Boulevard (with the exception of the Pump
Station No. 35 Sewershed, which adjoins Seal Beach Boulevard to the
east). This region includes the Boeing Pump Station, Adolfo Lopez Pump
Station, Bridgeport, Marina Hill (North and South), and Old Town
sewersheds. The City does not maintain the sewers serving the U.S.
Naval Weapons Station, but accepts flows from this area at Pump Station
No. 35. The remainder of the City is serviced by either the Orange
County Sanitation District (OCSD), the Rossmoor /Los Alamitos Area
Sewer District, or the Sunset Beach Sanitary District (SBSD). The Aquatic
Park Pump Station Sewershed is located within the southern portion of
the City, to the south of the National Wildlife Refuge.
The existing wastewater collection system maintained by the City is made
up of gravity sewers, pump stations, and sewer force mains. The gravity
system consists of approximately 169,000 feet of pipe and 730 manholes.
The majority of the gravity sewers are constructed of vitrified clay pipe
(VCP) with sizes ranging from six inches to 24 inches in diameter. The
City maintains seven sewer pump stations and associated force mains.
There are seven major wastewater drainage areas within the City's
service area. They include the Pump Station No. 35 Sewershed
(Bridgeport, Marina Hill South, Marina Hill North, Old Town, and U.S.
Naval Weapons Station), Adolfo Lopez Pump Station Sewershed, Boeing
Pump Station Sewershed, College Park East/Lampson Sewershed, Old
Ranch Towne Center Sewershed, and the Centex Homes Sewershed. All
of the sewage generated within the City is ultimately conveyed to one of
two OCSD pump stations, where it is then pumped to the OCSD
interceptor system for conveyance to Plant No. 2 in Huntington Beach for
treatment and disposal.
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The City currently owns and operates seven (7) wastewater pump
stations. The First Street, Pier, and Eighth Street Pump Stations service
small areas and discharge into the collection system in Old Town, that
eventually drains into the City's Pump Station No. 35, located at the
intersection of Electric Avenue and Seal Beach Boulevard. Pump Station
No. 35 collects wastewater generated by the U.S. Naval Weapons
Station, Bridgeport, Marina Hill, and Old Town. It then pumps the
wastewater through a 16 -inch diameter force main into a 24 -inch Seal
Beach Boulevard Trunk Sewer just south of Catalina Avenue. The 24-
inch diameter gravity sewer extends north in Seal Beach Boulevard, and
terminates at the OCSD's Seal Beach Pump Station located northeast of
the intersection of Seal Beach Boulevard and Westminster Avenue. The
Boeing and Adolfo Lopez Pump Stations discharge directly into the Seal
Beach Boulevard Trunk Sewer. Aquatic Park Pump Station No. 1 serves
the Sunset Aquatic Park. Its tributary wastewater was diverted to the City
of Huntington Beach system in 2003. The Boeing Pump Station and
Adolfo Lopez Pump Station were recently reconstructed. They meet all
current criteria. Pump Station No. 35 is planned to be improved in two
phases. The Pier Pump Station is very difficult to maintain. The 1 st Street
and 8th Street Pump Stations are reaching the end of their capacity and
would eventually need to be replaced in order to meet the City's needs.
Proiect Description:
Table 2 -1, Proposed Capital Improvement Proiects, lists the 10 -year CIP
facilities recommended in the 2005 Master Plan Update (see page 2 -9 of
MND 09 -1). Exhibit 2 -4a, Capital Improvement Projects — Boeing, Adolfo
Lopez, and PS 35 Sewersheds, and Exhibit 2 -4b, Capital Improvement
Proiects — College Park East/Lampson, Old Ranch Towne Center, and
Centex Homes Sewersheds, (see pages 2 -10 and 2 -22, respectively, of
MND 09 -1), provide a mapping of these proposed CIP projects. It should
be noted that the listed CIP priorities may be revised to correspond to
changed conditions, such as impending facility failures and requirements
of new regulations. The following is a detailed description of each of the
proposed projects listed within the CIP:
❑ Proiect No. 1 — Lamr)son Avenue Trunk Sewer — East of Seal
Beach Boulevard to Los Alamitos Sub - trunk: At this location, two
downstream reaches of the Lampson Avenue Trunk Sewer would be
removed and replaced. Approximately 312 feet of 15 -inch pipe would
be removed along the first reach, to the east side of Seal Beach
Boulevard and north of Lampson Avenue. The second reach,
approximately 60 feet of 12 -inch pipe, would also be removed.
Currently, there are no existing laterals within these reaches. After
pipe removal, Project No. 1 would construct 190 feet of an 18 -inch
Page 4
diameter pipe from east of Lampson Avenue to the west of Seal Beach
Boulevard and south of Bixby Channel.
❑ Project No. 2 — Year 1 Replacement and Rehabilitation Projects:
These projects consist of minor spot repair, pipe relining, and
replacement projects that would eliminate the structural deficiencies
identified in the 2005 Master Plan Update. These projects are located
throughout the City.
❑ Project No. 4 — Pier Pump Station Improvements: This project is
recommended to relocate the pump station so that the equipment can
be easily accessed for repair and replacement, with up -to -date
controls, telemetry, and an emergency power connection.
❑ Proiect No. 5, 6, and 7 — College Park East Sewers Phase 1
( Lampson Avenue and Basswood Street): Three reaches of sewer in
Basswood Street (12 -inch) and Lampson Avenue (15 -inch) have
depths at peak dry weather flow that exceed the City's criterion. The
two reaches in Basswood Street between Aster Street and Lampson
Avenue total 481 feet. These CIP projects would replace these two
reaches with 15 -inch pipes. The reach in Lampson Avenue is located
just south of Basswood Street. This 244 -foot reach would be replaced
with an 18 -inch diameter pipe.
❑ Proiect No. 8 — Year 2 Replacement and Rehabilitation Projects:
These projects consists of minor spot repair, pipe relining, and
replacement projects that would eliminate the structural deficiencies
identified within the 2005 Master Plan Update. These projects are
located throughout the City.
❑ Proiect No. 9 — 1st Street Pump Station Improvements: This
project would rehabilitate the 1st Street Pump Station's wet well,
pumps, and valves until the development of the Department of Water
and Power (DWP) property.
❑ Proiect No. 10 through 20 — College Park East Sewers Phase 2 —
Candleberry Avenue. Ironwood Avenue and Elder Avenue: According
to the 2005 Master Plan Update, the pipes located within Elder
Avenue, between Oleander Street and Ironwood Avenue, exceed the
City's peak dry weather flow depth to pipe diameter ratio criterion for
existing pipes. However, the four reaches of sewer totaling 1,153 feet
between Oleander Street and Heather Street would meet the criterion
by diverting all or most of the flow to the west at the intersection of Fir
Avenue and Oleander Street. This CIP project recommends this
diversion in order to relieve the sewers in Elder Avenue east of
Heather Street. The 8 -inch diameter sewers in Elder Avenue between
Heather Street and Ironwood Avenue, totaling 1,995 feet, would be
replaced with 12 -inch diameter sewers.
Page 5
Two reaches of 10 -inch diameter sewer to be located within Ironwood
Avenue between Elder Street and Candleberry Avenue, and one reach
of 10 -inch diameter sewer in Candleberry Avenue between Ironwood
Avenue and Aster Street, also have peak dry weather depth of flow to
pipe diameter ratios exceeding the City's criterion. These two reaches,
totaling 788 feet, would be replaced with 15 -inch pipe.
❑ Project No. 21 — Year 3 Replacement and Rehabilitation Projects:
These projects consists of minor spot repair, pipe relining, and
replacement projects that would eliminate the structural deficiencies
identified within the 2005 Master Plan Update. These projects are
located throughout the City.
❑ Project No. 22 through 28 — Replacement of Ocean Avenue Alley
and 8th Street Alley Sewers: Approximately 1,356 feet of 8 -inch
gravity sewer located within 8th Street, the 8th Street Alley, and an 8-
inch sewer located south of Ocean Avenue, north of the Pier, feeding
the 8th Street Pump Station exceed the depth to diameter ratio of 0.8
with the pumped flows (peak wet weather). Additionally, the existing
sewer in the 8th Street Alley, to which the 8th Street Pump Station
discharges, has a grease problem, and is on the City's "Hot Spot list ".
This sewer line serves the restaurants and shops located on Main
Street. Two possible alternatives to mitigate the capacity issue in 8th
Street and the Alley are considered. One would be to replace the
existing force main with a new main in 8th Street, bypassing the alley
and making capacity available. A second alternative would be to
replace the existing sewer with one at a steeper slope since the
receiving sewer in Electric Avenue is significantly deeper. The City
would conduct further evaluation of the 8 -inch sewer east of the 8th
Street Pump Station prior to project implementation. The depth to
diameter ratio exceeds 0.8 with the pump capacity of the Pier Pump
Station. However, since the Pier Pump Station can discharge only
about 250 gallons over a two minute period every 20 minutes during
the peak period, actual flow conditions would be verified prior to
embarking on this CI P project.
❑ Proiect No. 30 — 8th Street Pump Station Replacement: This
project is recommended to replace the City's oldest pump station with
a new submersible facility. This project would include two pumps of
approximately 400 gpm capacity, emergency storage, and a
permanent standby generator. This site would be constructed across
from the existing station.
❑ Project No. 31 through 35 — College Park East Sewers, Phase 3
(Aster Street between Candleberry Avenue and Basswood Street):
The existing 12 -inch sewers in Aster Street have depth to diameter
ratios between 0.63 and 0.80 with peak dry weather flows. They would
need to be replaced with 856 feet of 15 -inch diameter pipe.
Page 6
❑ Proiect No. 37 — 1 st Street Pump Station Replacement: This
project would replace the existing pump station with a new facility that
would accommodate the future flows from the DWP property. This
project would implement a submersible pump station with two 120 gpm
pumps within a PVC lined wet well. Sufficient emergency storage, a
portable generator connection, manual transfer switch, and telemetry
equipment would be provided. This project would be constructed upon
completion of development of the DWP property.
❑ Proiect No. 36 through 41 Year 7, 8 9 and 10 — Replacement and
Rehabilitation Proiects: These CIP projects consist of minor spot
repair, pipe relining, and replacement projects that would eliminate the
structural deficiencies identified in the 2005 Master Plan Update. They
are located throughout the City. These projects are anticipated to be
implemented in Years 7 through 10 of the CIP. The replacement and
rehabilitation projects would continue well beyond the first 10 years to
improve aging facilities and maintain the system in proper condition.
COLLEGE PARK EAST /LAMPSON PHASE I
The College Park East/Lampson Phase I project is being considered
within this IS /MND at a more specific level of detail than the 2005 Master
Plan Update CIP projects. The College Park East/Lampson Phase I
project would implement CIP projects No. 5 through 7, No. 10 through 20,
No. 31 through 35, as well as other various projects that are listed as such
throughout the Capital Improvement Program. Implementation of this
project would reconstruct the existing sewer lines using a variety of
methods, which may include a pipe bursting system, cured -in -place pipe
system, and /or trench - replacement system.
The pipe bursting system is a trenchless replacement system that can
replace an existing pipe with a new pipe in the same location. The pipe
bursting procedure includes inserting a conically shaped tool (bursting
head) into the old pipe (usually at an excavation pit dug within the vicinity
of a manhole). The pipe bursting head is connected to a new pipe, which
is then either pushed or pulled through the old pipe. While the new pipe is
being pushed or pulled through the old pipe, the old pipe "bursts ", thereby
replacing the old pipe with a new one of equal or larger diameter.
The cured -in -place pipe system reconstructs the pipe by installing a resin -
impregnated flexible tube into the old pipe. The tube is then inflated
(usually with water) to tightly form to the old pipe or conduit. The resin in
the tube is then cured, or hardened, by heating the water within the tube.
The tube then becomes a cured -in -place pipe. The cured -in -place pipe
fits tightly inside the old pipe and is continuous. This system does not
require the use of trenching activities.
Page 7
Should conditions arise that do not allow for pipe bursting or cured -in-
place pipe replacement (i.e., soil conditions, limitations from surrounding
utilities, and /or existing piping limitations), then a trench - replacement
system may be required. This system would trench above the existing
pipe, remove the old pipe, and replace the old pipe with a new one.
PROJECT PHASING
Development of the project would be constructed over a period of 10 years.
The project phasing would be as follows:
❑ Year 1 — Project No. 1 through No. 2;
❑ Year 2 — Project No. 3 through No. 9;
❑ Year 3 — Project No. 10 through No. 21;
❑ Year 4 — Project No. 22 through No. 29;
❑ Year 5 — Project No. 30;
❑ Year 6 — Project No. 31 through No. 36;
❑ Year 7 — Project No. 37 through No. 38;
❑ Year 8 — Project No. 39;
❑ Year 9 — Project No. 40; and
❑ Year 10 — Project No. 41.
The replacement and rehabilitation projects (portions of Project No. 36
through No. 41) would continue beyond the first 10 years to improve aging
facilities and maintain the system in proper condition. It should be noted
that the CIP and its priorities may change at a future date as additional
information becomes available. The CIP priorities may be revised to
correspond to changed conditions, such as impending facilities failures and
requirements of new regulations. Therefore, although CIPs are listed
according to the year the project is anticipated to be constructed, this listing
is subject to change at a future date.
AGREEMENTS, PERMITS, AND APPROVALS
The City and other applicable agency approvals required for development
of the project would include the following, among others:
❑ CEQA clearance;
❑ State Water Resources Control Board, CEQA Plus clearance;
❑ Santa Ana Regional Water Quality Control Board Permits(s);
❑ South Coast Air Quality Management District Permit(s);
❑ Excavation Permit;
Page 8
❑ Water District Permit(s); and
❑ California Coastal Commission, Coastal Development Permit (for
proposed improvements between the Pacific Ocean and Westminster
Avenue).
Summary of Mitt gated Negative Declaration Preparation and
Public Review Process:
The Mitigated Negative Declaration for the City Wide Sewer Capital Improvement
Project CIP No. SS0901 project has been prepared by, 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
January 20 to February 18, 2009, 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
❑ California Coastal Commission
❑ County of Orange — County Clerk
❑ County of Orange — Public Facilities and Resource Department
❑ Airport Land Use Commission for Orange County
❑ State Water Resources Control Board
❑ South Coast Air Quality Management District
❑ Southern California Association of Governments
❑ Orange County Sanitation District
❑ Caltrans District 7
❑ 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
❑ Los Alamitos Unified School District
❑ Gabrielino/Tongva Tribal Council
❑ Gabrielino/Tongva Tribal Council of the Gabrielino Tongva Nation
❑ Gabrielino Tongva Indians of California
❑ Orange County Fire Authority
❑ SoCal Gas Company
Ij Southern California Edison
❑ Rossmoor Community Services District
Page 9
The Notice of Intent to Adopt a Mitigated Negative Declaration was published in
the local newspaper, The Sun, on January 22, 2009. 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 11 comment letters on the Mitigated Negative
Declaration from public agencies and other interested parties and also received
comments from the Planning Commission and Environmental Quality Control
Board during the public comment period.
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 and Mitigation
Monitoring and Reporting Program" document prepared by the city's
environmental consultant and approved by City staff.
Staff Recommendations regarding Negative Declaration 09 -1 -
City Wide Sewer Capital Improvement Proiect CIP No. SS0901:
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."
A Mitigation Monitoring and Reporting Program has been prepared in compliance
with the requirements of CEQA, and includes all mitigation measures from the
Initial Study /Mitigated Negative Declaration addressing the City Wide Sewer
Capital Improvement Project CIP No. SS0901. The Mitigation Monitoring and
Reporting Program also identifies the required timing and responsible parties for
implementation and monitoring. The mitigation measures have been sorted by
Page 10
topical area in the order presented in the IS /MND. A copy of the Mitigation
Monitoring and Reporting Program is provided as Attachment 5 for the information
of the City Council.
Discussion of Environmental Checklist Questions and Proposed Mitigation
Measures
Please refer to the Initial Study /Mitigated Negative Declaration 09 -1 document,
Section IV, "Environmental Analysis" beginning on page 4.0 -1 and continuing
through page 4.17 -2 to review the "Environmental Analysis," including the
proposed mitigation measures of each topical area evaluated during the
environmental review process. Mitigation measures are proposed for the following
identified areas of concern:
❑ Aesthetics — please refer to pages 4.1 -1 through 4.1 -5 to review the
language of 2 proposed mitigation measures for this area of concern.
❑ Air Quality - please refer to pages 4.3 -1 through 4.3 -17 to review the
language of 5 proposed mitigation measures for this area of concern.
❑ Biological Resources - please refer to pages 4.4 -1 through 4.4 -7 to review
the language of 2 proposed mitigation measures for this area of concern
❑ Cultural Resources — please refer to pages 4.5 -1 through 4.5 -11 to review
the language of 4 proposed mitigation measures for this area of concern.
❑ Geology and Soils - please refer to pages 4.6 -1 through 4.6 -7 to review
the language of 1 proposed mitigation measure for this area of concern.
❑ Hazards and Hazardous Materials - please refer to pages 4.7 -1 through
4.7 -6 to review the language of 1 proposed mitigation measure for this area
of concern.
❑ Noise - please refer to pages 4.11 -1 through 4.11 -10 to review the
language of 1 proposed mitigation measure for this area of concern.
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 09 -1 and finds as follows:
❑ Initial Study /Mitigated Negative Declaration 09 -1, City Wide Sewer
Capital Improvement Project CIP No. SS0901, was prepared by a city -
selected 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;
Page 11
❑ Adoption of the proposed "Mitigation Monitoring and Reporting
Program ", dated March 23, 2009, as conditions of approval for the
proposed project will mitigate or avoid significant project impacts.
❑ Approval of this project involves no potential for adverse effects,
either individually or cumulatively, on wildlife resources and will not have
an adverse impact on fish and wildlife.
❑ 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 09 -1 will allow this project to
proceed to preparation of final construction plans and specifications and eventual
implementation upon approval of appropriate construction bids by the City Council,
and compliance with the adopted Mitigation Monitoring Program.
RECOMMENDATION:
Adopt Resolution Number 5847, A Resolution of the City Council of the City of
Seal Beach Adopting Mitigated Negative Declaration 09 -1, City Wide Sewer
Capital Improvement Project CIP No. SS0901, and Instructing Staff to File
Appropriate Documentation with the County of Orange.
SUBMITTED BY:
L e Whittenber ,Director
Development Services Departme
Attachments: (5)
NOTED AND APPROVED:
David Carmany
City Manager
Attachment 1: Resolution Number 5 8 4 7 , A Resolution of the City Council of the
City of Seal Beach Adopting Mitigated Negative Declaration 09 -1,
City Wide Sewer Capital Improvement Project CIP No. SS0901,
and Instructing Staff to File Appropriate Documentation with the
County of Orange
Page 12
Attachment 2: Initial Study and Negative Declaration 09 -1, City Wide Sewer
Capital Improvement Project CIP No. SS0901, prepared by RBF for
the City of Seal Beach, February 20, 2009
Attachment 3: Notice of Determination, Mitigated Negative Declaration 09 -1, City
Wide Sewer Capital Improvement Project CIP No. SS0901
Attachment 4: Responses to Comments and Mitigation Monitoring and Reporting
Program - Initial Study /Mitigated Negative Declaration 09 -1 - City
Wide Sewer Capital Improvement Project CIP No. SS0901, dated
March 12, 2009
Attachment 5: Mitigation Monitoring and Reporting Program - Initial
Study /Mitigated Negative Declaration 09 -1 - City Wide Sewer
Capital Improvement Project CIP No. SS0901, dated March 23,
2009
Page 13
ATTACHMENT 1
RESOLUTION NO. 5847, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SEAL
BEACH ADOPTING MITIGATED NEGATIVE
DECLARATION 09 -1, CITY WIDE SEWER
CAPITAL IMPROVEMENT PROJECT NO.
SS0901, AND INSTRUCTING STAFF TO FILE
APPROPRIATE DOCUMENTATION WITH
THE COUNTY OF ORANGE
RESOLUTION NUMBER 5847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 09 -1,
CITY WIDE SEWER CAPITAL IMPROVEMENT PROJECT CIP NO.
SS0901, AND INSTRUCTING STAFF TO FILE APPROPRIATE
DOCUMENTATION WITH THE COUNTY OF ORANGE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Initial Study /Mitigated Negative Declaration 09 -1, City Wide
Sewer Capital Improvement Project SS0901, Table 2 -1, Proposed Capital
Improvement Protects, lists the 10 -year CIP facilities recommended in the 2005
Master Plan Update (see page 2 -9 of MND 09 -1). Exhibit 2 -4a, Capital
Improvement Projects — Boeing. Adolfo Lopez, and PS 35 Sewersheds, and
Exhibit 2 -4b, Capital Improvement Projects — College Park East&son, Old
Ranch Towne Center, and Centex Homes Sewersheds, (see pages 2 -10 and 2-
22, respectively, of MND 09 -1), provide a mapping of these proposed CIP
projects. It should be noted that the listed CIP priorities may be revised to
correspond to changed conditions, such as impending facility failures and
requirements of new regulations. The following is a detailed description of each
of the proposed projects listed within the CIP:
❑ Protect No. 1 — Lampson Avenue Trunk Sewer — East of Seal
Beach Boulevard to Los Alamitos Sub - trunk: At this location, two downstream
reaches of the Lampson Avenue Trunk Sewer would be removed and replaced.
Approximately 312 feet of 15 -inch pipe would be removed along the first reach, to
the east side of Seal Beach Boulevard and north of Lampson Avenue. The
second reach, approximately 60 feet of 12 -inch pipe, would also be removed.
Currently, there are no existing laterals within these reaches. After pipe removal,
Project No. 1 would construct 190 feet of an 18 -inch diameter pipe from east of
Lampson Avenue to the west of Seal Beach Boulevard and south of Bixby
Channel.
❑ Protect No. 2 — Year 1 Replacement and Rehabilitation Projects:
These projects consist of minor spot repair, pipe relining, and replacement
projects that would eliminate the structural deficiencies identified in the 2005
Master Plan Update. These projects are located throughout the City.
❑ Protect No. 4 — Pier Pump Station Improvements: This project is
recommended to relocate the pump station so that the equipment can be easily
accessed for repair and replacement, with up -to -date controls, telemetry, and an
emergency power connection.
❑ Protect No. 5. 6, and 7 — College Park East Sewers Phase 1
( Lampson Avenue and Basswood Street): Three reaches of sewer in Basswood
Street (12 -inch) and Lampson Avenue (15 -inch) have depths at peak dry weather
flow that exceed the City's criterion. The two reaches. in Basswood Street
between Aster Street and Lampson Avenue total 481 feet. These CIP projects
would replace these two reaches with 15 -inch pipes. The reach in Lampson
Avenue is located just south of Basswood Street. This 244 -foot reach would be
replaced with an 18 -inch diameter pipe.
❑ Protect No. 8 — Year 2 Replacement and Rehabilitation Projects:
These projects consists of minor spot repair, pipe relining, and replacement
projects that would eliminate the structural deficiencies identified within the 2005
Master Plan Update. These projects are located throughout the City.
❑ Protect No. 9 — 1st Street Pump Station Improvements: This
project would rehabilitate the 1st Street Pump Station's wet well, pumps, and
valves until the development of the Department of Water and Power (DWP)
property.
Resolution Number 5847
❑ Proiect No. 10 through 20 — College Park East Sewers, Phase 2 —
Candleberry Avenue. Ironwood Avenue. and Elder Avenue: According to the
2005 Master Plan Update, the pipes located within Elder Avenue, between
Oleander Street and Ironwood Avenue, exceed the City's peak dry weather flow
depth to pipe diameter ratio criterion for existing pipes. However, the four
reaches of sewer totaling 1,153 feet between Oleander Street and Heather Street
would meet the criterion by diverting all or most of the flow to the west at the
intersection of Fir Avenue and Oleander Street. This CIP project recommends
this diversion in order to relieve the sewers in Elder Avenue east of Heather
Street. The 8 -inch diameter sewers in Elder Avenue between Heather Street and
Ironwood Avenue, totaling 1,995 feet, would be replaced with 12 -inch diameter
sewers.
Two reaches of 10 -inch diameter sewer to be located within Ironwood
Avenue between Elder Street and Candleberry Avenue, and one reach of 10 -inch
diameter sewer in Candleberry Avenue between Ironwood Avenue and Aster
Street, also have peak dry weather depth of flow to pipe diameter ratios
exceeding the City's criterion. These two reaches, totaling 788 feet, would be
replaced with 15 -inch pipe.
❑ Proiect No. 21 — Year 3 Replacement and Rehabilitation Projects:
These projects consists of minor spot repair, pipe relining, and replacement
projects that would eliminate the structural deficiencies identified within the 2005
Master Plan Update. These projects are located throughout the City.
❑ Proiect No. 22 through 28 — Replacement of Ocean Avenue Alley
and 8th Street Alley Sewers: Approximately 1,356 feet of 8 -inch gravity sewer
located within 8th Street, the 8th Street Alley, and an 8 -inch sewer located south
of Ocean Avenue, north of the Pier, feeding the 8th Street Pump Station exceed
the depth to diameter ratio of 0.8 with the pumped flows (peak wet weather).
Additionally, the existing sewer in the 8th Street Alley, to which the 8th Street
Pump Station discharges, has a grease problem, and is on the City's "Hot Spot
list'. This sewer line serves the restaurants and shops located on Main Street.
Two possible alternatives to mitigate the capacity issue in 8th Street and the
Alley are considered. One would be to replace the existing force main with a
new main in 8th Street, bypassing the alley and making capacity available. A
second alternative would be to replace the existing sewer with one at a steeper
slope since the receiving sewer in Electric Avenue is significantly deeper. The
City would conduct further evaluation of the 8 -inch sewer east of the 8th Street
Pump Station prior to project implementation. The depth to diameter ratio
exceeds 0.8 with the pump capacity of the Pier Pump Station. However, since
the Pier Pump Station can discharge only about 250 gallons over a two minute
period every 20 minutes during the peak period, actual flow conditions would be
verified prior to embarking on this CIP project.
❑ Proiect No. 30 — 8th Street Pump Station Replacement: This
project is recommended to replace the City's oldest pump station with a new
submersible facility. This project would include two pumps of approximately 400
gpm capacity, emergency storage, and a permanent standby generator. This
site would be constructed across from the existing station.
❑ Proiect No. 31 through 35 — College Park East Sewers Phase 3
(Aster Street between Candleberry Avenue and Basswood Streetl: The existing
12 -inch sewers in Aster Street have depth to diameter ratios between 0.63 and
0.80 with peak dry weather flows. They would need to be replaced with 856 feet
of 15 -inch diameter pipe.
❑ Proiect No. 37 — 1st Street Pump Station Replacement: This
project would replace the existing pump station with a new facility that would
accommodate the future flows from the DWP property. This project would
implement a submersible pump station with two 120 gpm pumps within a PVC
lined wet well. Sufficient emergency storage, a portable generator connection,
manual transfer switch, and telemetry equipment would be provided. This project
would be constructed upon completion of development of the DWP property.
Resolution Number 5847
❑ Proiect No. 36 through 41 Year 7, 8. 9, and 10 — Replacement and
Rehabilitation Projects: These CIP projects consist of minor spot repair, pipe
relining, and replacement projects that would eliminate the structural deficiencies
identified in the 2005 Master Plan Update. They are located throughout the City.
These projects are anticipated to be implemented in Years 7 through 10 of the
CIP. The replacement and rehabilitation projects would continue well beyond the
first 10 years to improve aging facilities and maintain the system in proper
condition.
COLLEGE PARK EAST /LAMPSON PHASE I
The College Park East/Lampson Phase I project is being considered
within this IS /MND at a more specific level of detail than the 2005 Master Plan
Update CIP projects. The College Park East/Lampson Phase I project would
implement CIP projects No. 5 through 7, No. 10 through 20, No. 31 through 35,
as well as other various projects that are listed as such throughout the Capital
Improvement Program. Implementation of this project would reconstruct the
existing sewer lines using a variety of methods, which may include a pipe
bursting system, cured -in -place pipe system, and /or trench - replacement system.
The pipe bursting system is a trenchless replacement system that can
replace an existing pipe with a new pipe in the same location. The pipe bursting
procedure includes inserting a conically shaped tool (bursting head) into the old
pipe (usually at an excavation pit dug within the vicinity of a manhole). The pipe
bursting head is connected to a new pipe, which is then either pushed or pulled
through the old pipe. While the new pipe is being pushed or pulled through the
old pipe, the old pipe "bursts ", thereby replacing the old pipe with a new one of
equal or larger diameter.
The cured -in -place pipe system reconstructs the pipe by installing a resin -
impregnated flexible tube into the old pipe. The tube is then inflated (usually with
water) to tightly form to the old pipe or conduit. The resin in the tube is then
cured, or hardened, by heating the water within the tube. The tube then
becomes a cured -in -place pipe. The cured -in -place pipe fits tightly inside the old
pipe and is continuous. This system does not require the use of trenching
activities.
Should conditions arise that do not allow for pipe bursting or cured -in-
place pipe replacement (i.e., soil conditions, limitations from surrounding utilities,
and /or existing piping limitations), then a trench - replacement system may be
required. This system would trench above the existing pipe, remove the old pipe,
and replace the old pipe with a new one.
Section 2. The Project has been environmentally reviewed pursuant to
the provisions of the California Environmental Quality Act (Public Resources Code
Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000, et seq.). Staff has prepared and
circulated "Initial Study /Mitigated Negative Declaration 09 -1" as required by the
California Environmental Quality Act (CEQA). The comment period on the subject
Initial Study /Mitigated Negative Declaration ended on February 18, 2009. The City
received comments on the proposed Mitigated Negative Declaration from:
❑ State of California, Governor's Office of Planning and Research — State
Clearinghouse and Planning Unit;
❑ California Department of Transportation, District 12;
❑ State Water Resources Control Board;
❑ Native American Heritage Commission;
❑ California Coastal Commission;
❑ South Coast Air Quality Management District;
❑ County of Orange Public Works Department;
❑ Airport Land Use Commission for Orange County;
❑ Southern California Gas Company;
❑ Gabdelino- Tongva Tribe;
Resolution Number 5847
❑ Gabrielino Tongva Nation;
• City of Seal Beach Planning Commission; and
• City of Seal Beach Environmental Quality Control Board.
Section 3. Pursuant to Section 15074(b) of the State CEQA Guidelines,
the City Council independently reviewed and considered the contents of the Initial
Study and the Mitigated Negative Declaration prior to deciding whether to approve
the Project. Based on the Initial Study, the Mitigated Negative Declaration, the
comments received thereon, the responses to the comments, the Staff Report
dated March 23, 2009, additional public comments, and the whole record before
the City Council, the City Council hereby finds that the Mitigated Negative
Declaration prepared for the Project reflects the independent judgment and analysis
of the City Council and that there is no substantial evidence that the approval of the
Project may have any significant environmental impact with imposition of the
proposed Mitigation Monitoring and Reporting Program. The City has addressed
each of the stated concerns within the Initial Study /Mitigated Negative
Declaration document.
Section 4. Although CEQA does not require responses to comments
made concerning a mitigated negative declaration, the City responded in writing
to comments received. The City has prepared a "Response to Comments and
Mitigation Monitoring and Reporting Program - Initial Study /Mitigated Negative
Declaration 09 -1 — City Wide Sewer Improvement Project CIP No. SS0901,"
dated March 12, 2009, which document includes written responses to all of the
above - received comments on the subject Initial Study /Mitigated Negative
Declaration and a copy of the proposed Mitigation Monitoring and Reporting
Program. A copy of that document was provided for the information and
consideration of the City Council.
Section 5. The City Council considered the adoption of the subject
Mitigated Negative Declaration 09 -1, City Wide Sewer Improvement Project CIP
No. SS0901 Mitigation Monitoring and Reporting Program, and Responses to
Comments documents, along with a Staff Report on March 23, 2009, and
received additional public comments.
Section 6. The City has addressed each of the concerns within the
Initial Study /Mitigated Negative Declaration document.
Section 7. Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the 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 there has been no evidence presented that the Negative
Declaration has been "substantially revised" so as to require recirculation
under the California Environmental Quality Act.
3. Approves and adopts as conditions of approval the Mitigation Measures set
forth in "Exhibit A" of this resolution for the Mitigation Monitoring and
Reporting Program - City Wide Sewer Improvement Project CIP No.
SS0901.
Section 8. Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the Council hereby adopts Mitigated
Negative Declaration 09 -1, City Wide Sewer Improvement Project CIP No.
SS0901, and determines that approval of this project involves no potential for
adverse effects, either individually or cumulatively, on wildlife resources and will
not have an adverse impact on fish and wildlife.
Resolution Number 5847
Section 9. The foregoing are based on substantial evidence in the record,
including without limitation, the draft Initial Study /Mitigated Negative Declaration 09-
1, Response to Comments and Mitigation Monitoring and Reporting Program, 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.
Section 10. The Council hereby instructs the Director of Development
Services to file appropriate documentation with the County of Orange.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 23rd day of March , 2009 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 5847 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 23rd day
Of March , 2009.
City Clerk
Resolution Number 5847
EXHIBIT A
MITIGATED NEGATIVE DECLARATION 09 -1: CITY
WIDE SEWER IMPROVEMENT PROJECT CIP NO.
SS0901 - ADOPTED MITIGATION MONITORING
AND REPORTING PROGRAM, dated March 23,
2009
(See: Attachment 5)
Page 14
ATTACHMENT 2
INITIAL STUDY AND NEGATIVE
DECLARATION 09 -1, CITY WIDE SEWER
CAPITAL IMPROVEMENT PROJECT CIP
NO. SS0901, PREPARED BY RBF FOR THE
CITY OF SEAL BEACH, FEBRUARY 20,
2009
Note: Previously provided to City Council.
Copies will be available at City Council
Meeting to review
Page 15
ATTACHMENT 3
NOTICE OF DETERMINATION, MITIGATED
NEGATIVE DECLARATION 09 -1, CITY WIDE
SEWER CAPITAL IMPROVEMENT
PROJECT CIP NO. SS0901
Page 16
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:
CITY WIDE SEWER CAPITAL IMPROVEMENT PROJECT CIP NO. SS0901.
Project Title
SCH 2009011049
State Clearinghouse Number (If submitted to State Clearinghouse)
City of Seal Beach
Applicant
Lee Whittenberg (562) 431 -2527, ext 1313
Contact Person Area Code/Telephone /Extension:
The proposed City Wide Sewer Capital Improvement Project CIP No. SS0901
includes infrastructure improvements proposed throughout the City (herein
referenced as the "project site "). The City encompasses approximately 7,134.5
acres, of which 6,458 are served by the City's sewer system.
Project Location
Page 17
Table 2 -1, Proposed Capital Improvement Projects, lists the 10 -year CIP facilities
recommended in the 2005 Master Plan Update (see page 2 -9 of MND 09 -1).
Exhibit 2 -4a, Capital Improvement Projects — Boeing, Adolfo Lopez and PS 35
Sewersheds, and Exhibit 2 -4b, Capital Improvement Projects — College Park
East/Lampson, Old Ranch Towne Center, and Centex Homes Sewersheds,
(see pages 2 -10 and 2 -22, respectively, of MND 09 -1), provide a mapping of
these proposed CIP projects. It should be noted that the listed CIP priorities may
be revised to correspond to changed conditions, such as impending facility
failures and requirements of new regulations.
Project Description
This is to advise that the City of Seal Beach (Lead Agency) has approved the
above - described project on March 23. 2009 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
Page 18
ATTACHMENT 4
RESPONSES TO COMMENTS AND
MITIGATION MONITORING AND REPORTING
PROGRAM - INITIAL STUDY /MITIGATED
NEGATIVE DECLARATION 09 -1 - CITY WIDE
SEWER CAPITAL IMPROVEMENT PROJECT
CIP NO. SS0901, DATED MARCH 12, 2009
RESPONSE TO COMMENTS AND
MITIGATION MONITORING AND REPORTING
PROGRAM
INITIAL STUDY /MITIGATED NEGATIVE DECLARATION 09 -1
City Wide Sewer Capital Improvement Project
CIP No. SS0901
LEAD AGENCY:
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Contact. Mr. Lee Whittenberg, Director of Development Services
562.431.2527 ext. 1313
PREPARED BY:
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Contact: Mr. Eddie Torres, INCE
Ms. Kristen Bogue, CEI
949.472.3505
March 12, 2009
JN 10- 106528
TABLE OF CONTENTS
1.0 Introduction ................................................................................... ............................... 1 -1
2.0 Response to Comments ............................................................... ............................... 2 -1
3.0 Mitigation Monitoring and Reporting Checklist .............................. ............................... 3 -1
City of Seal Beach
„ City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
g Response to Comments and
Mitigation Monitoring and Reporting Program
1.0 INTRODUCTION
The Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared pursuant to the
requirements of the California Environmental Quality Act (CEQA) (see Public Resources Code
Sections 21000 - 21177), as well as the State CEQA Guidelines (see Title 14 of the California
Code of Regulations, Sections 15063). Also, the City of Seal Beach (City), as the project
proponent, is pursuing funding for the proposed project through the State Water Resources
Control Board (SWRCB) State Revolving Fund (SRF) program. The SRF is a loan program
intended to provide low- interest loans for wastewater projects that address water quality
problems and prevent pollution to State waters.
The IS /MND was made available for public review and comment pursuant to State CEQA
Guidelines Section 15070. The public review period commenced on January 20, 2009, and
expired on February 18, 2009. The IS /MND and supporting attachments were available for
review by the general public at the following locations:
• City of Seal Beach, Development Services Department (City Hall, 211 8th Street, Seal
Beach, CA 90740)
• Mary Wilson Library, 707 Electric Avenue, Seal Beach, CA 90740
• Rossmoor /Los Alamitos Library, 12700 Montecito Drive, Seal Beach, CA 90740
• Leisure World Library (Leisure World residents only), 2300 Beverly Manor Road, Seal
Beach, CA 90740
JN 10- 106528 1 -1 Introduction
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
R: Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
2.0 RESPONSE TO COMMENTS
During the public review period, comments were received on the IS /MND from certain interested
public agencies and private parties. The following is a list of the persons, firms, or agencies that
submitted comments on the IS /MND during the public review period:
1. Terry Roberts, Director, State Clearinghouse, State of California Office of Planning and
Research, dated February 19, 2009 (attached as Letter 1);
2. Paul Simonoff, Technical Supervisor, Pacific Coast Region — Anaheim, Southern
California Gas Company, dated January 23, 2009 (attached as Letter 2);
3. Karl A. Rigoni, Executive Officer, Airport Land Use Commission for Orange County,
dated February 6, 2009 (attached as Letter 3);
4. Christopher Herre, Branch Chief, Local Development/ Intergovernmental Review,
Caltrans Department of Transportation, District 12, dated February 11, 2009 (attached
as Letter 4);
5. Michelle L. Jones, Environmental Scientist, State Water Resources Control Board,
dated February 13, 2009 (attached as Letter 5);
6. Femi Sy, Coastal Program Analyst II, California Coastal Commission, dated February
17, 2009 (attached as Letter 6);
7. Sam Dunlap, Tribal Secretary, Gabrielino Tongva Nation, dated February 17, 2009
(attached as Letter 7);
8. Dave Singleton, Program Analyst, Native American Heritage Commission, dated
February 17, 2009 (attached as Letter 8);
9. Ronald L. Tippets, Chief, Orange County Public Works, dated February 18, 2009
(attached as Letter 9); and
10. Steve Smith, Ph.D., Program Supervisor — CEQA Section, South Coast Air Quality
Management District, dated February 18, 2009 (attached as Letter 10).
11. Hon. Felicia Sheerman, Tribal Councilwoman, Gabrielino- Tongva Tribe, dated
February 24, 2009 (attached as Letter 11).
12. City of Seal Beach Environmental Quality Control Board Meeting Minutes, dated
January 28, 2009 (attached as Letter 12).
13. City of Seal Beach Planning Commission Meeting Minutes, dated February 4, 2009
(attached as Letter 13).
JN 10- 106528 2 -1 Response to Comments
STATE OF CALIFORNIA
1A �
OR OFFICE , i
— STATZ CMA=GHOTM .•
ABNOta 3a3WAR
GOVUNOa
February 19, 2009
Lee Whittenbcsg
City of Seal Beach
211 Fighth Street
Seal Beach, CA907440
Subject: City Wide Sewer Capital Improvement Project C>P No. SS0901
SCHA 2009011049
Dear Leo Wbittenbery
CMMABai w
The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state
agencies for review. On the enclosed Document Details Report please-note that the Clearinghouse has
listed the state agencies that rev 'sewed your document. The review period closed on February 19, 2009, and
the con=euts from the responding agency (!as) is (are) enclosed. U fts.comment package is not in order,
please notify the state Clearinghouse finmediately. Please refer to the pmjece's:tenrdigit State
Clearinghouse number. in.fnture correspondence so that we :may respond promptly.
Please note thatSection 21104(c) of the California Public Resources Code states that
"A responsible or other public agenry shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency o'r which are
required to be earned out or approved by the agency. 'Mose comments shall be supper by
specific documentation."
These comments arc forwarded for use in preparing your final environmental document. Should you need
more information or elarification of the enclosed commcats, we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
draft anvirt u rental documents, pursuant to the California Environmental Quality Act. Please contact the
State Clearinghouse at.(916) 445 -0613 if you have shy questions resuftg the environmental review
process.
Sincerely,
Tory Roberts
Director, Starr Clearinghouse
Enclosures
cc-. Resources Agency
140014th Street P.O.8=3044 S=zmento� Cali =ie 95812 9044
(916) 443.0619 PAX(916)32S-3018 art w opr cLpv
1.1
LPuA;umHIM ucLaus r%WFWI •
State Clearinghouse Data Base
Commission: Public Utilities Commission
Date Received 01/16/2009 Start of Review 01/16/2009 End of Review 02/1812009
Note: Blanks in data fields result from insufficient Information provided by lead agency.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
1. RESPONSE TO COMMENTS FROM THE STATE OF CALIFORNIA OFFICE OF
PLANNING AND RESEARCH, STATE CLEARINGHOUSE, DATED FEBRUARY 19,
2009.
1 -1 This comment indicates that the State Clearinghouse submitted the IS /MND to selected
state agencies for review, and that the comment period for the Draft IS /MND concluded
on February 18, 2009. The comment indicates that the lead agency complied with the
review requirements for draft environmental documents pursuant to CEQA. As such, the
comment does not provide specific comments regarding information presented in the
IS /MND.
JN 10406528 2 -6 Response to Comments
111111111111111F =
Southern
California
Gas Company
A *Sempra Energy utility-
January 23, 2009
City of Seal Beach
211 8h St.
Seal Beach, CA 90740
Attention: Lee Whittenberg
COMMENT NO.2
1919 S. State College Blvd.
Anaheim, CA 92806 -6114
i
i
t
i JAN 2 7 W
Subject: Mitigated Negative Declaration for City Wide Sewer Capital
Improvement Project CIP No. SS0901
This letter is not to be interpreted as• a contractual commitment to serve the proposed
project but only as an information service. Its intent is to notify you that the Southern
California Gas Company has facilities in the area where the above named project is
proposed. Gas facilities within the service area of the project could be altered or
abandoned as necessary without any significant. impact on the environment.
Information regarding construction particulars and any costs associated with initiating
service may be obtained by contacting the Planning Associate for your area, Frank Winn
at (714)634 -5016.
Sincerely,
Paul Simonoff
Technical Supervisor
Pacific Coast Region - Anaheim
PS /1W
mitnegdadoc
2.1
�x
i City of Seal Beach
7. City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
2. RESPONSE TO COMMENTS FROM THE SOUTHERN CALIFORNIA GAS COMPANY,
DATED JANUARY 23, 2009.
2 -1 The comment states that the Southern California Gas Company operates facilities within
the project service area, which if necessary could be altered or abandoned without any
significant environmental impact. The comment does not raise any new environmental
information or directly challenge information provided in the IS /MND. No further
response is necessary.
A 10- 106528 2 -8 Response to Comments
ORANGE COUNTY
COMMENT NO.3
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue - Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
February 6, 2009
Mr. Lee Whittenberg
Director of Development Services
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
f FEB - 9 2009
r•
SUBJECT: Notice of Intent to Adopt/Notice-of Availability for the City Wide Sewer Capital
Improvement Project CIP No. SS09R1 .J;ib"a"'�°Siud ifigated_Negative Declaration 09 -01
Dear Mr. Whittenberg:
Thank you for the opportunity to review the Initial Study/Mitigated Negative Declaration for the
City Wide Sewer Capital Improvement Project CIP No. SS0901 in the context ofthe Airport
Land Use Commission's Airport Environs Land Use Plan (AELUP) for Joint Forces Training
Base (JFTB) Los Alamitos.
A majority of.the pro pb ed.stZle ap &-,Aproveizh=LprojecWaMi oc edswitliin thel-leight
Restriction Zone and CNEL Contours for JFTB Lis Alamitos. However, the proposed
improvement are in compliance with the -polieiedlstablished•in the AELUP for JFTB tos
Alamitos. A' stated in"the p:aje�ct description, ttoposed projecinolxes•the impleentation
of the approued 2005 Sewer Syste'mi !NGsiri" 1?4i" E an`q`.I es increasing the diameter of
existing sewer pipes, replacing damage pipes, installing a imer in the pipes, and rehabilitating
sewer pump 4,40 s s.3 -!Th so_ project is comprised ofund„ erground..piEeline ir provement
projects whic - �''�r� _" d; d- et h ita "°'"l�'fe�agrs�ace��c�rRIB Los
g.
Alamitos. Ina , nn riP rte`""° ""'� iiW=' $.
ai:c mmemai:risesacepmpased`whicEi. ould
concentrate people' i3� a assusceptih}e�ta' aircraft accideri&or,�expvse j�eoj3lt1b excessive aircraft
noise. ��;,.• "�a •
�Yr� ..� •� l,.y
T]L
Thank you again for tiie"� oppo 4 co f'on>re�Tn�ri?Stuciy. Please:contact Lea Umnas
at (949) 252 -5123 or via email at lumnas @ocair.com should you have any questions related to the
Orange County Airport Land Use Commission.
Sincerely,
Kari A. Rigoni
Executive Officer
3.1
t City of Seal Beach
f City Wide Sewer Capital Improvement Project CIP No. SS0901
e Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
3. RESPONSE TO COMMENTS FROM THE AIRPORT LAND USE COMMISSION FOR
ORANGE COUNTY, DATED FEBRUARY 6, 2009.
3 -1 The comment notes that the proposed project is located within the Height Restriction
Zone and CNEL contours of the Joint Forces Training Base, and that the project is in
compliance with the policies of the Airport Environs Land Use Plan. The project
improvements would not impact navigable airspace, or concentrate people in areas
susceptible to aircraft accidents or noise. The comment does not raise any new
environmental information or directly challenge information provided in the IS/MND. No
further response is necessary.
JN 10- 106528 2 -10 Response to Comments
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COMMENT NQ. 4
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Logo: 21%
1405, SR-.1
Subjec- City e-Selret; Caps Impmrament lPtoject C P No.-35 01
Daww.
'Maak ym for ft apporhmity to review and eov=cnt on the ><nitial Stdyll*Mp ed Negative
padarsdop (>r WD) for the Clly Wide saw" Capitm 7mpiwement Pr*ct M Ns.
SS0901- The City's fist c ,mptte m&c Sewer Sya m Master Plea vn camplded in 1999, and
updated io 7=5. The pupn9e of the 2005 Master Ptah Update is to provide to CiW with a
eoznpmb = live plan that ovs aam tha eo &tion -end cepao W of the emue sewer eolleca on
apto amd tmp nti% end dewlaps a Capital Impwvera nt Prasmm (whiab lim gmfflc
Capital improvamettt --Pm*ts f cPsD ft diminatioGtg the deRckocim idadfiad within the plan.
The College Park PasYL=pm Plmm I pm=t, which 9wmdd impteo m C.IP prq oM No. 5
dmuigb 7, No. 10 ftan O 20. No. 31 through 39, is being ecnsidarcd within the IS40M at a
mate sp=fic levsl of daa & The prolect i==des tafiastra bm mq=vemaoats..locabed
ftou*and to city of Seal Stub.
The CaB'i =h Dgwtfteat of TrrAnpovtmtioe ft r+ct 12 is a respomMe
agaq► oo this project, and we have the foUowing commem
1. if gny Pmt work (e p, mmo of mgmiats, serest wW=inL emcrg mq axes
itngmv=mta, soaad watts, gauddrAn con ractioatt anent c otl4 -scww ccuuWri=
or seem pipe =aft Sbate Fadden,. -atr-) mM eocar in the vici ty•ortm Depa m mes
Ri&- cf -Wzy, an ==acltmeat pemrit is tad p dar to at of'warle..plembe
allow 2 to 4 weeks fora ctsg&m -mftdMd td be tz&mrad ad lbr a peas k to be Wned<
Wh cIL appl tg fm as 1p- lchmeot PC64 plea iaeazpaaatie Tsnvimmresaml
Doo"madadaa, sW- F I WPCP, myftulie Caleuiationa, Tta$c Car aol Plm%
Cmdac'bsdcd Awhgd a, Right -of -Way cerdfatcation and AU relevant design diW!s mcle>;ding
drsiga =soon aRx alL Fa[ aged& decal an the Dcpwftwex E=*=b mW.
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4.1
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papated to asks the potential impaofs associated vftb the proposed pr000d within ft Stec
Right -of -Way. Addidandly please include the GWVXal technical - emdics dozing the
enc=cbwvt permit submittal. Bath attUMW end biologicsH=pacis wz'fl.bave to be assessed
do meat the Dcpwftc is mm t*.
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mbmit copies of any Udmwal vqw to and permits ffom regulatory, agonies (Calfi�atnia
Coastal Commission, CaUfaWa Depa:ttaertt of h art+ Gaspe, tM AMy Corps of
Engiiaeeas, ad Regi nW Weser WHY Control Soong along with the eactvacltmeatt p= ft
application. '
4. As a cc" O= of the In! -1 - bmaeat Permit apliaatiaa,pmces9, the applscM will be laquired
to submit aid= a Sto= Water Pollution Prev"dw Plan (9VMP) or a Water Ponudon
col Pznglam (WPC?) pm um 10 the Depm awes Stnsm Water Qnalfty.Flandho&
5. Any nmo$ d rafg ift the DepalmeWs, Right- of-Way frflm cmewticm opmsd= -or
frost 90 tesadt mg project must My amfi m to ttte.Dgw m =rS 5talmdde MES Permit
(t3rder No 99- O&I)WQ. NPDM No. CAS000003) amd or the: cnawt di wbiuV requirements
of dw ResimW Vater Quality CaiZol Bond to avoid impacting grater quality.
6. Cmbek must be iriople'enented to eoutain all v6icle loads and avoid say trad=g of
materials blot. may M or blow onto the Degutme rs roadways or.fadwes.
7. Adequate eAttvi W dacumes iw should be sulamitte I to duo Depa ft= for =view
ft future sp-d pro 0* !*din fire 2005 Master Plant Update.
Pleaat motil=e to keep us iafarmted of this pcgwt and ww fltttme deveioptanv6 vhkb weld
pOWUL* t q=O the Stet Taman Facilities. If You have any quesdans or tzoed td
carted us, please do-not h tam to calf ydtaCigpM9 (Jaluz) xu at'(94+9) 724-2338_
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4.1
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
4. RESPONSE TO COMMENTS FROM THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, DATED FEBRUARY 11, 2009.
4 -1.1 The comment notes that the Department of Transportation ( Caltrans), District 12, is a
responsible agency on the proposed project. The comment states that if improvements
occur in the vicinity of the Caltrans right -of -way, an encroachment permit is required and
should include Environmental Documentation, Storm Water Pollution Prevention Plan,
Traffic Control Plans, Geotechnical Analysis, Right -of -Way certification, National
Pollutant Discharge Elimination System permit, cultural and biological technical studies,
and any other technical reports and permits from regulatory agencies.
The project proposes improvements to the City's existing sewer system. One stretch of
sewer pipeline improvement is located beneath Pacific Coast Highway (PCH), and
several are located within the vicinity of PCH. As PCH is under jurisdiction of Caltrans,
the project must comply with the Caltrans encroachment permit requirement. It is
acknowledged that the City would be required to obtain an encroachment permit from
Caltrans prior to commencement of construction activities. The City would consult with
Caltrans prior to obtaining the encroachment permit, and it is acknowledged that it must
go through complete submittal and review to be issued prior to initiating construction.
JN 10- 106528 2 -13 Response to Comments
St t W COMMENT NO.5
a e ater Resources Control Board
Division of Financial Assistance
10011 Street, Sacramento, Califoniia 95814• (916) 341 -5700
Linda S. Adams Mailing Addre= P.O. Box 944212 • Sacramento, Califomin 94244 -2120
SecrelYlov FAX (916) 341 -5707 • http:/Avww.watarboards.oa.gov
Environmental Projection
FEB 13 2009
Mr. Lee Whittenberg
Development Services
2118" Street
Seal Beach, CA, 90740
Dear Mr. Whittenberg:
Arnold Schwarzeneggar
Governor
MY 0 CX;3! G .ar_h
FEB 2 0 2009
iaRpz �••� :n
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS /MND) FOR THE CITY OF
SEAL BEACH (CITY); CITY WIDE SEWER CAPITAL IMPROVEMENT PROJECT (CIP) NO.
SS0901 (PROJECT); ORANGE COUNTY; STATE CLEARINGHOUSE NO. 2009011049
We understand the City is pursuing Clean Water State Revolving Fund (CWSRF) financing for
this Project (CWSRF No. C -06- 5310 -110). As a funding agency and a State agency with
jurisdiction by law to preserve, enhance, and restore the quality of California's water resources,
the State Water Resources Control Board (State Water Board) is providing the following
information for the environmental document prepared for the Project
Following the public review period please provide us with the following documents applicable to
the proposed Project: (1) two copies of the draft and final IS/MND, (2) the resolution adopting
the IS /MND making California Environmental Quality Act (CEQA) findings, (3) all comments
received during the review period and the City's response to those comments, (4) the adopted
Mitigation Monitoring and Reporting Program, and (5) the Notice of Determination filed with the
Governor's Office of Planning and Research (OPR). In addition, we would appreciate notices of
any hearings or meetings held regarding environmental review of any projects to be funded by
the State Water Board.
The CWSRF Program is partially funded by the U.S. Environmental Protection Agency and
requires additional "CEQA -Plus" environmental documentation and review. The State Water
Board is required to consult directly with agencies responsible for implementing federal
environmental laws and regulations. Any environmental issues raised by federal agencies or
their representatives will need to be resolved prior to State Water Board approval of a CWSRF
funding commitment for the proposed Project. Please refer to the four enclosures that further
explain the CWSRF Program environmental compliance process. For further information on the
CWSRF Program environmental compliance process, please contact
Ms. Michelle L. Jones at (916) 341 -6983.
It is important to note that prior to a CWSRF funding commitment, projects are subject to
provisions of the federal Endangered Species Act, and must obtain Section 7 clearance from
the U.S. Fish and Wildlife Service (USFWS), and/or National Marine Fisheries Service (NMFS)
for any potential effects to special status species. Please be advised that the State Water
Board will consult with USFWS, and/or NMFS regarding all federal special status species the
Project has the potential -to impact if the Project is to be funded under the CWSRF Program.
California Environmenhd Protection Agency
-tea-'-' paw
5.1
Mr. Lee Whittenberg -2- FEB 13 2009
The City will need to identify whether the Project will involve any direct effects from construction
activities or indirect effects„ such as growth inducement, that may affect federally - listed
threatened, endangered, or candidate species that are known, or have a potential to occur on-
site, in the surrounding areas, or in the service area, and to identify applicable conservation
measures to reduce such effects.
In addition, CWSRF projects must comply with federal laws pertaining to cultural resources,
specifically Section 106 of the National Historic Preservation Act. The State Water Board has
responsibility for ensuring compliance with Section 106 and the State Water Board's Cultural
Resources Officer (CRO) must consult directly with the California State Historic Preservation
Officer (SHPO). SHPO consultation is initiated when sufficient information is provided by the
CWSRF applicant. Please contact the CRO, Ms. Cookie Him, at (916) 341 -5690, to find out
more about the requirements, and to initiate the Section 106 process." Note that the City will
need to identify the Area of potential Effects (APE), including construction and staging areas
and the depth of any excavation. The APE is three - dimensional and includes all areas that may
be affected by the Project. The APE includes the surface area and extends below ground to
the depth of any Project excavations.
Other federal requirements pertinent to the Project under the CWSRF Program include the
following:
A. Compliance with the Coastal Zone Management Act: Identify whether the Project is
within a coastal zone and the status of any coordination with the California Coastal
Commission.
5.2
5.3
B. Protection of Wetlands: Identify any portion of the proposed Project area that may
contain areas that should be evaluated for wetlands or U.S. waters delineation by the 5.4
U.S. Army Corps of Engineers (USACE), or require a permit from the USACE, and
Identify the status of coordination with the USACE.
C. Compliance with the Farmland Protection Policy Act: Identify whether the Project will
result in the conversion of farmland. State the status of farmland (Prime,'Unique, or 5.5
Local Statewide Importance) in the Project area and determine if this area is under a
Williamson Act Contract.
D. Compliance with the Flood Plain Management Act: Identify whether or not the Project is
in a Flood Management Zone and provide a copy of the flood zone maps for the Project 5.6
area.
E. Compliance with the Wild and Scenic Rivers Act: Identify whether or not any Wild and I 5.7
Scenic Rivers would be potentially impacted by the Project.
California Environmental Protection Agency
`Gd► Recycled Popsy
Mr. Lee Whittenberg -3-
Following are specific comments on the City's IS/MND:
1. Page 2 -13 states 'The College Park East/Lampson Phase 1 project is being
considered within this IS/MND at a more specific level of detail than the 2005
Master Plan Update CIP projects. The College Park East/Lampson Phase 1
project would implement CIP,projects No. 5 through 7, No. 10 through 20, No. 31
through 35, as well as other various projects that are listed as such through the
Capital Improvement Program.' Please clarify exactly which projects are being
considered in the IS /MND, and identify all impacts, as well as Project specific
mitigation measures.
5.8
2. Page 2 -13 states, "Implementation of this project would reconstruct the existing
sewer lines using a variety of methods, which may include a pipe bursting
system, cured -in -place pipe system, and /or trench - replacement system.' State 5.9
which method will be utilized for the Project, and identify Project impacts from
the selected method, as well as speck mitigation measures that reduce these
impacts.
3. On page 4.8-4, Hydrology and Water Quality mitigation measure 1 states 'The
City shall comply with the Regional Water Quality Control Board's requirements
for construction projects enforced by the Santa Ana Region. Construction
activities subject to these permit(s) shall include dewatering activities and
grading and disturbances to the ground such as excavating, but not including
regular maintenance activities performed to restore the original lines, grade, or
dapacity of the facility. Prior to any site disturbance, the City shall submit a
Notice of Intent (NOI) to the Santa Ana RWQCB. Should a SWPPP (Storm
Water Pollution Prevention Program) be required, the City shall maintain the
SWPPP on site at all times and shall conform to the SWPPP during
construction.' Compliance with laws, statutes, and regulations is not mitigation.
Please change Hydrology and Water Quality mitigation measure 1 to include
speck feasible actions that will minimize or avoid potential impacts to water
quality, aesthetics, and geology and soil, which rely on Hydrology and Water
Quality mitigation measure 1 to reduce these impacts to less than significant.
Also substantiate the effectiveness of this mitigation, and show how it is
enforceable. For more information on mitigation refer to CEQA Guidelines
Article 20, Section 15370. Please make this mitigation correction for all mitigation
measures listed in the IS /MND.
4. Page 4.4 -5 states 'The Pier Pump Station is located on the pier (directly over the
Pacific Ocean). However, as these improvements would not occur within the
water, but over it, these improvements are not anticipated to be subject to the
jurisdiction of the ACOE [ U.S. Army Corps of Engineers], CDFG [California
Department of Fish and Game], or RWQCB [Regional Water Quality Control
Board].' The City then states 'The College Park East/Lampson Phase 1 site is
located approximately three miles northeast of the Pacific Ocean, outside of the
Coastal Zone.'
California Environnunw Protection Agency
;d Recycled Pape
5.10
5.11
Mr. Lee Whittenberg -4- FEB 13 2009
Please clarify the Project location explaining whether Project construction is
three miles from the Pacific Ocean, or directly above the Pacific Ocean on the 5.11
pier. Note that for construction above then Pacific Ocean, permits from the
Califomia Coastal Commission will be required.
5. Page 4.4 -5 states "The Pier Pump Station is located on the pier (directly over the
Pacific Ocean). However, as these improvements would not occur within the
water, but over it, these improvements are not anticipated to be subject to the
jurisdiction of the ACOE [USACE], CDFG [California Department of Fish and 5.12
Game], or RWQCB [Regional Water Quality Control Board].' Page 4.8 -2 then
states "The project site is located in the jurisdiction of the Santa Ana RWQCB."
Please clarify if the Project is subject to the jurisdiction of the Santa Ana
Regional Water Quality Control Board.
6. Page 4.5 -1 referenced "initial consultation with SWRCB staff," indicating the
State Water Board agreed with the City's approach to cultural resource
identification. Please note that the State Water Board's CRO reviewed a scope
of work for an initial study in November 2008. On November 6, 2008, the CRO
provided comments by e-mail stating: "CRM Tech is proposing an adequate
scope of work for a preliminary analysis of cultural resources sensitivity in your
[the City's] project area. Depending on their findings and comments from Native 5.13
Americans, additional investigation may be necessary to complete the Section
106 process.' Please provide copies of record search maps showing the relation
of all recorded sites and surveys in relation to the Project area. The CRO was
not provided with record search maps and no further consultation ensued. The
CRO does not have enough data to support the conclusions of the City's cultural
resources report (Appendix C) at this time. Please continue consultation with the
CRO to determine what additional studies are necessary.
7. Page 4.5 -2 states that 'the proposed improvement areas appear to be relatively
low in sensitivity for potentially significant archeological deposits," and later
states "the unlikely event that resources are uncovered, compliance with
Mitigation Measure CUL -1 would reduce these potential impacts to less than
significant levels." However, the Native American tribes that are culturally 5.14
affiliated with the Project site have stated that the area is highly sensitive for
cultural resources. Please substantiate the City's claim that Project construction
is unlikely to encounter cultural resources, considering that the Project's APE is
three - dimensional and includes all areas that may be affected by the Project.
8.. Page 4.5-6 mitigation measure CUL-3 appears to be an extensive, specific,
burial and data recovery plan for an unrelated project. Inclusion of this plan does
not support your finding that the Project area is low in sensitivity for
archaeological deposits. The extensive reburial plan and comments from Native 5.15
Americans consulted for the Project indicate that the Project area may be highly
sensitive for the presence of archaeological deposits that may contain human
remains. Please replace mitigation measure CUL -3 with mitigation specific to
the current Project.
California Environmental Protection Agency
;d Recycled Paper •
Mr. Lee Whittenberg -5- FEB 13 2009
Thank you again for the opportunity to review the City's IS /MND. If you have any questions or
concerns, please feel free to contact me at (916) 341 -6983, or by email at 5.15
MI-Jonesftwaterboards.ca.aov, or contact Parker Thaler by email at
PThaler (b-waterboards.ca.00v.
Sincerely,
Michelle L. Jones
Environmental Scientist
cc: State Clearinghouse
(Re: SCH# 2009011049)
P. O. Box 3044
Sacramento, CA 95812 -3044
California Environmental Protection Agency
Qf) R wkd PgXr
BASIC CRITERIA FOR CULTURAL RESOURCES REPORTS
FOR SECTION 106 CONSULTATION WITH THE STATE HISTORIC PRESERVATION
OFFICER (SHPO) UNDER THE NATIONAL HISTORIC PRESERVATION ACT (NHPA)
CURRENT RECORDS SEARCH INFORMATION
• A current (less than a year old) records search from the appropriate Information
Center is necessary. The records search must include maps that show all recorded
sites and surveys in relation to the area of potential effects (APE) for the project.
• The APE is three - dimensional and includes all areas that may be affected by the
project. The APE includes the surface area and extends below ground to the depth
of any project excavations.
The records search request should be made for an area larger than the APE. -The
appropriate area varies for different projects but must be drawn large enough to
provide information on what types of sites may exist in the vicinity.
NATIVE AMERICAN AND INTERESTED PARTY CONSULTATION
• Native American and. interested party consultation should be initiated at the
beginning of any cultural resource investigations. The purpose is to gather
information from people with local knowledge that may be used to guide research.
• A project description and map should be sent to the Native American Heritage
Commission (NAHC) when the applicant requests a check of their Sacred Lands
Files. The Sacred Lands Files include religious and cultural places that are not
recorded at the information centers.
• The NAHC will include a list of Native American groups and individuals with their
response. A project description and maps must be sent to everyone on the list
asking for information on the project area.
• Similar letters should be sent to local historical organizations and other interested
parties.
• Follow -up contact should be made by phone, if possible, and a contact log must be
included in the report.
REPORT TERMINOLOGY
• A cultural resources report used for Section 106 consultation should use terminology
consistent with the NHPA.
Basic Criteria for Cultural Resources Reports 2
• Being consistent with the NHPA does not mean -that the report needs to be filled"
with passages and interpretations of the regulations; the SHPO reviewer already
knows the law.
• If "findings" are made, they must be one of the four "findings" listed in Section 106.
These include:
"No historic properties affected" (no properties are within the APE,
including the below ground APE).
"No effect to historic properties" (properties may be near the APE but the
project will not impact them).
"No adverse effect to historic properties" (the project may affect historic
properties but the impacts will not be adverse).
"Adverse effect to historic properties." Note: the SHPO must be
consulted at this point If your consultant proceeds on his/her own,
his/her efforts may be wasted.
WARNING PHRASES IN ALREADY PREPARED CEQA REPORTS
• A finding of "no known resources" does not mean anything. The consultant's job
is to find out if there are resources within the APE or to explain why they are not
present.
• "The area is sensitive for buried archaeological resources," followed by a
statement that "monitoring is recommended as mitigation." Monitoring is not
acceptable mitigation. A reasonable effort should be made to find out if buried
resources are present in the APE.
• "The area is already disturbed by previous construction." This statement may
be true, but documentation is still needed to show that the new project will not affect
cultural resources. As an example, an existing road can be protecting a buried
archaeological site. Or, previous construction may have impacted an archaeological
site that was never documented.
• No mention of "Section 106." A report that gives adequate information for
compliance with the California Environmental Quality Act may not be sufficient to
comply with Section 106.
Please contact Ms. Coolie Him with any questions on cultural resources reports.
Cookie Him
State Water Resources Control Board
Cultural Resources Officer
916 -341 -5690
Mhirn(ZZwaterbcards.ca.gov
State Water Resources Control Board (State Water Board)
Clean Water State Revolving Fund Program
Evaluation Form for Environmental Review and Federal Coordination
1. Federal Endangered Species Act, Section 7:
Does the project involve any direct effects from construction activities, or indirect effects
such as growth inducement that may affect federally listed threatened or endangered
species that are known, or have a potential, to occur on -site, in the surrounding area, or
in the service area?
❑ No. Discuss why the project will not impact any federally listed special status species:
❑ Yes. Include information on federally listed species that could potentially be affected by
this project and any proposed avoidance and compensation measures so that the State Water
Board can initiate informal/formal consultation with the applicable federally designated
agency. Document any previous ESA consultations that may have occurred with the project.
Attach project -level biological surveys, evaluations analyzing the project's direct and
indirect effects on special- status species, and a current species list for the project area.
2. National historic Preservation Act, Section 106:
Identify the Area of Potential Effects (APE), including construction, staging areas, and
depth of any excavation. (Note that the APE is three dimensional and includes all areas
that may be affected by the project, including the surface area and extending below
ground to the depth of any project excavations.)
Attach a current records search with maps showing all sites and surveys drawn in
relation to the project area, and records of Native American consultation.
CWSRF Program
Environmental Evaluation Form
3. Clean Air Act: Is the project subject to a State Implementation Plan (SIP) conformity
determination?
❑ No. The project is in an attainment or unclassified area.
❑ Yes. The project is in a nonattainment area or attainment area subject to maintenance plans.
Include information to indicate the nonattainment designation (e.g. moderate, serious or severe), if
applicable. If estimated emissions (below) are above the federal de minimis levels, but the project
is sized to meet only the needs of current population projections that are used in the approved SIP
for air quality, then quantitatively indicate how the proposed capacity increase was calculated using
population projections.
Air Basin Name:
Provide the estimated project construction and operational air. emissions (in tons per year) in
the chart below.
Attach any air quality studies that may have been done for the project.
Pollutant
Status (Attainment,
Threshold of
Construction
Operation
Nonattainment or
Significance for the.
Emissions
Emissions
Unclassified )
licable
(Tons/Year)
(Tons/Year)
Carbon Monoxide (CO)
Ozone (03)
Oxides of Nitrogen
O
Particulate Matter
Mio
Reactive Organic
Gases OG
Sulfur Dioxide (SO2)
Volatile Organic
Comp ounds OC
4. Coastal Zone Manaaement Act:
Is any portion of the project site located within the coastal zone?
❑ No. The project is not within the coastal zone.
❑ Yes. Describe the project location with respect to coastal areas, and the status of the coastal
zone permit:
01/'152009 Page 2 of 4
CWSRF Program
Environmental Evaluation Form
5. Farmland Protection Policy Act:
Is any portion of the project site located on important farmland?
❑ No. The project will not impact farmland.
❑ Yes. Include information on the acreage that would be converted from important farmland
to other uses. Indicate if any portion of the project site is located within Williamson Act
control and the amount of affected acreage:
6. Flood Plain Management — Executive Order Number 11988:
Is any portion of the project site located within a 100 year floodplain as depicted on a
floodplain map or otherwise designated by the Federal Emergency Management
Agency?
❑ No. Provide a description of the project location with respect to streams and potential
floodplain:
❑ Yes. Describe the floodplain, and include a floodplain map and a floodplains/wetlands
assessment. Describe any measures and/or project design modification that would minimize
or avoid flood damage by the project:
7. Migratory Bird Treaty Act:
Will the project affect protected migratory birds that are known, or have a potential, to
occur on -site, in the surrounding area, or in the service area?
❑No.
[]Yes. Discuss the impacts (such as noise and vibration impacts, modification of habitat) to
migratory birds that may be directly or indirectly affected by the project and mitigation
measures to reduce or eliminate these impacts. Include a list of all migratory birds that could
occur where the project is located:
01/1.2009 Page 3 o(4
CWSRF Program
Environmental Evaluation Form
8. Protection of Wetlands – Executive Order Number 11990:
Does any portion of the project area contain areas that should be evaluated for wetland
delineation or require a permit from the U.S. Army Corps of Engineers?
❑ No. Provide the basis for such a determination:
❑ Yes. Describe the impacts to wetlands, potential wetland areas, and other surface waters,
and the avoidance, minimization, and mitigation measures to reduce such impacts. Provide
the status of the permit and information on permit requirements:
9. Wild and Scenic Rivers Act:
Is any portion of the project located within a wild and scenic river?
❑ No. The project will not impact a wild and scenic river.
❑ Yes. Identify the wild and scenic river watershed and project location relative to the
affected wild and scenic river:
Identify watershed where the project is located-
10. Source Water Protection:
Is the project located in an area designated by the U.S..Environmental Protection
Agency, Region 9, as a Sole Source Aquifer? (For more information, please visit
htty : //www.eoa.Lyov /retion09 /water /troundwater /ssahtmL) '
❑ No. The project is not within the boundaries of a sole source aquifer.
❑ Yes. Identify the aquifer (e.g., Santa Margarita Aquifer, Scott's Valley „the Fresno County
Aquifer, the Campo /Cottonwood Creek Aquifer or the Ocotillo- Coyote Wells Aquifer):
01/152009 Page 4 of 4
ENVIRONMENTAL COMPLIANCE PROCESS GUIDELINES
These guidelines detail the steps that applicants must take in complying with environmental requirements
for the Clean Water State Revolving Fund ( CWSRF) Program administered by the State Water
Resources Control Board (State Water Board), Division of Financial Assistance (Division).
Applicants for State Water Board financial assistance must comply with the California Environmental
Quality Act (CEQA). Additionally, the State Water Board is required to comply with CEQA when funding
a project. The Division's Regional Programs Unit (RPU) fulfills the State Water Board's responsibility by
reviewing the CEQA documents provided by the applicant to develop the State Water Board's findings.
Applicants also may be required to comply with additional federal cross - cutting environmental
regulations. Refer to the attachments following these guidelines, which include: CEQA Process Flow
Chart, CEQA Checklist for the Applicant, Evaluation Form for Environmental Review and Federal
Coordination, and Basic Criteria for Cultural Resources Reports.
Since each project is unique, applicants should contact the Division's RPU early in the project planning
process. Please contact Ms. Michelle Jones at (916) 341 -6983 for more information on the CWSRF
environmental compliance process and the Division's Cultural Resources Officer, Ms. Cookie Hirn at
(916) 341 -5690 for compliance with Section 106 of the National Historic Preservation Act.
It is important for the State Water Board to receive the CEQA document during the draft stage for
review and comment. This helps ensure that the State Water Board's comments are addressed
during the draft stage rather than after the CEQA document has been adopted or certified by the
Lead Agency. Applicants are strongly encouraged to submit the draft CEQA document to the State
Water Board's Project Manager before or during the State Clearinghouse review period.
Administrative draft CEQA documents may also be submitted to the State Water Board's Project
Manager for review and comment by the RPU before the State Clearinghouse review period begins.
Refer to the attached CEQA Process Flowchart for when Responsible Agency and Lead Agency
coordination is necessary.
The CEQA and CEQA Guidelines can be accessed at hfp: / /ceres.ca.gov /cega/.
Additional guidance can be obtained from the CEQA Deskbook 1999 Edition with 2001 Supplement,
published by Solano Press Books. This book provides a step -by -step guide on how to comply with CEQA
and may explain information in a more straight - forward manner than the CEQA Guidelines.
Note: If the applicant is not the Lead Agency under CEQA (i.e., a responsible agency under CEQA that
is using another agency's CEQA document), the applicant will need to:
1. Make its own CEQA findings and approve the mitigation measures applicable to the proposed
funded project and any applicable Statement. of Overriding Considerations;
2. File the Notice of Determination (NOD) with the Governor's Office of Planning and Research
(OPR) and;
3. Provide to the State Water Board's Project Manager a copy of the resolution or meeting minutes
approving the project and adopting or certifying the CEQA document and the date - stamped copy
of the NOD filed with the OPR.
If the applicant uses a Notice of Exemption (NOE), the applicant files the NOE with the County Clerk of
each county in which the project will be located. Since the project is being funded by the State Water
Board, the applicant also must file the NOE with the OPR. This reduces the statute of limitations from
180 days to 35 days, and notifies other state agencies and the public that the applicant determined the
project was exempt from the CEQA requirements. There is no cost for filing an NOE with the OPR.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CHECKLIST FOR THE APPLICANT
What to Submit to your State Water Board's Project Manager
If- project is covered under a CEQA Categorical or Statutory Exemption, submit a copy of the following:
❑ Notice of Exemption (filed with the Governor's Office of Planning and Research)
❑ List of Best Management Practices (BMPs) and their locations, if project implements BMPs
If project is covered under a Negative Declaration, submit a copy of the following:
❑ Draft and Final Initial Study /Negative Declaration
(or Mitigated Negative Declaration, if applicable)
❑ Comments and Responses to the Draft
❑ Mitigation Monitoring and Reporting Plan (if using a Mitigated Negative Declaration)
❑ Resolution approving the CEQA documents
❑ Adopting the Negative Declaration
❑ Making CEQA Findings
❑ Notice of Determination (filed with the Governor's Office of Planning and Research)
If project is covered under an Environmental Impact Report (EIR), submit a copy of the following:
❑ Draft and Final EIR
❑ Comments and Responses to the Draft
❑ Mitigation Monitoring and Reporting Plan (MMRP)
❑ Resolution approving the CEQA documents
❑ Certifying the EIR and adopting the MMRP
❑ Making CEQA Findings
Cl Adopting a Statement of Overriding Considerations for any adverse impact(s) that cannot be
avoided or fully mitigated if project is implemented
❑ Notice of Determination (filed with the Governor's Office of Planning and Research)
If EIR is a joint CEQA/National Environmental Policy Act document (EIR/Environmental Impact Statement
or EIR/Environmental Assessment), submit the applicable Record of Decision and/or Finding of No
Significant Impact.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
' Response to Comments and
Mitigation Monitoring and Reporting Program
5. RESPONSE TO COMMENTS FROM THE STATE WATER RESOURCES CONTROL
BOARD, DATED FEBRUARY 13, 2009.
5 -1 The comment states that prior to Clean Water State Revolving Fund (CWSRF) funding
commitment, which the City is pursuing for the project, the project is subject to provisions
of the federal Endangered Species Act, and must obtain Section 7 clearance from the
U.S. Fish and Wildlife Service (USFWS), and /or National Marine Fisheries Service
(NMFS) for any potential effects to special status species. It is acknowledged by the City
that the project would be subject to the Endangered Species Act and Section 7
clearance if the City seeks funding under the CWSRF. The City also acknowledges the
submittal requirements, and will forward all appropriate documentation to the State
Water Resources Control Board upon project approval.
5 -2 As stated in Section 4.12, Population and Housina of the IS /MND, the proposed project
would not generate new residents or additional population in the City, as the project
involves the replacement and /or repair of underground sewer pipelines and rehabilitation
of pump stations. Project construction would not affect federally - listed threatened or
endangered species. As stated in Section 4.4, Biological Resources, the project site has
limited value to native plants and wildlife due to the disturbed and developed nature of
the site. The project would be required to be consistent with the Migratory Bird Treaty
Act, as the project site is located within the vicinity of areas that may support nesting
birds. Section 4.4, Biological Resources, identifies Mitigation Measures BIO -1 and BIO -2
which would require the project to avoid nesting birds in the project area by scheduling
vegetation removal and /or thinning around nesting season and conduct pre - construction
surveys for nesting birds, and require construction of improvements to take place outside
of the beach areas and Pacific Ocean to avoid potential impacts to marine life.
Section 4.5, Cultural Resources, of the IS /MND satisfies the CEQA -Plus requirements
for the State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) and
achieves compliance with Section 106 of the National Historic Preservation Act (NHPA).
The IS /MND and associated technical studies identify the Area of Potential Effect (APE),
include a review of necessary literature and records, and provide evidence of
consultation with the Native American Heritage Commission (NAHC) and appropriate
Native American groups.
5 -3 Section 4.9, Land Use and Planning, of the IS/MND states that project components
located between the Pacific Ocean and Westminster Avenue are subject to compliance
with the Coastal Act Section 30600(c), which requires that a coastal development permit
be obtained from the Coastal Commission. The project is considered consistent with
applicable policies and standards of Chapter 3 of the Coastal Act.
5-4 Section 4.4(c), Biological Resources, states that no wetlands or Waters of the United
States are located within the boundaries of the proposed improvements. Therefore, a
wetland delineation or permits are not required for the proposed project by the U.S. Army
Corps of Engineers.
5 -5 Section 4.2, Agriculture Resources, states that the project site is not designated as
Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and is not in a
Williamson Act Contract. Project. implementation would not result in the conversion of
farmland to non - agricultural use.
A 10- 106528 2 -27 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
5 -6 Section 4.8, Hydrology and Water Quality, identifies portions of the project site (near the
Pacific Ocean, along the Southern California Edison easement, and near the Old Ranch
Country Club) to be located within a 100 -year flood hazard area, according to °Figure S-
7, FEMA Flood Zones" of the City's General Plan. However, the project does not
propose any housing or habitable structures, and would not expose people or structures
to flood hazards.
5 -7 The proposed project is located adjacent to the San Gabriel River. However, the San
Gabriel River, nor any other rivers in the project vicinity, are designated wild and scenic
rivers, according to the Wild and Scenic Rivers Act. No impact to wild and scenic rivers
would result from project implementation.
5 -8 The IS /MND contains the environmental analysis regarding all projects listed in Table 2-
1, Proposed Capital Improvement Proiects, under the 2005 Master Plan Update. The
City's 2005 Master Plan Update, which includes project numbers 1 through 41 of Table
22 -11, is included in the analysis. However, those projects occurring at an earlier date
(College Park East/Lampson Phase I project) include project numbers 5 through 7, 10
through 20, and 31 through 35. The projects under the College Park East/Lampson
Phase I project are analyzed at a more specific level of detail in the IS /MND.
Recommended mitigation measures within the IS /MND apply to both the analysis of the
2005 Master Plan Update, as well as the detailed analysis of the College Park
East/Lampson Phase I project, as the proposed improvements associated with each are
similar.
5 -9 The City has identified three methods of construction, including pipe bursting, cured -in-
place, and trench replacement. Depending on the location and type of sewer pipeline
repair and /or replacement, as well as market conditions and the construction contractor,
one of the three (or a combination of more than one) construction methods may be
required. Additionally, the public has provided input regarding construction methods,
which would also assist in determining which construction method would be appropriate
at specific locations. For the purposes of this analysis, the worst case scenario has been
utilized to evaluate potential impacts and is identified and discussed within each
respective issue area analyzed in the IS /MND (where applicable). Refer to Sections 4.1,
Aesthetics, 4_3, Air Qua li , and 4.11, Noise, for specific mitigation measures regarding
construction methods.
5 -10 The comment states that Mitigation Measure HWQ -1, requiring compliance with
Regional Water Quality Control Board (RWQCB) laws, statutes, and regulations, is not
mitigation. Although the project is required to comply with the National Pollutant
Discharge Elimination System ( NPDES) permit, issued by the RWQCB, RBF further
required implementation of Mitigation Measure HWQ -1 in order to ensure the timing for
implementation of the NPDES permit process with regards to ensuring that potential
water quality impacts are minimized prior to and during construction.
5 -11 The IS /MND considers the 2005 Master Plan Update under a more general analysis
(includes all proposed City sewer capital improvement projects), as well as a more
detailed analysis of the College Park East/Lampson Phase I project (specific
improvement projects located in the northeastern portion of the City, as identified in
Table 2 -1, Proposed Capital Improvement Proiects, as well as Exhibits 2-4a and 2 -4b).
JN 10- 106528 2 -28 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
• , Response to Comments and
Mitigation Monitoring and Reporting Program
The proposed improvement of the pier pump station is located on the pier directly over
the Pacific Ocean. The improvements associated with the projects under the College
Park East/Lampson Phase I project are located at a greater distance from the Pacific
Ocean, approximately three miles to the northeast.
The comment notes that the rehabilitation of the pier pump station would require permits
from the California Coastal Commission. It is acknowledged that the City would be
required to obtain the necessary permits from the California Coastal Commission prior to
commencement of construction activities.
5 -12 The IS /MND considers the 2005 Master Plan Update, including several capital
improvement projects located throughout the City. The IS /MND also considers, in more
specific detail, the College Park East/Lampson Phase I project, also included in the 2005
Master Plan Update. The proposed improvements are located throughout the City, and
the project (2005 Master Plan Update projects as well as the College Park
East/Lampson Phase I project) is subject to the jurisdiction of the Santa Ana Regional
Water Quality Control Board (i.e., waste discharge and dewatering permits, etc.).
Please also refer to Response to Comment number 5 -11.
5 -13 The comment notes that the Cultural Resources Officer (CRO) was not provided record
search maps, and the CRO does not have enough data to support the conclusions of the
Cultural Resources Report. The comment requests further consultation with the CRO to
determine necessary additional studies.
It is acknowledged that the City should continue the consultation process with the CRO
regarding the findings of the Cultural Resources Report. It should be noted that per the
request of Cookie Him (staff member at the RWQCB), the City submitted to the State
Water Resources Control Board (SWRCB), the IS /MND and, separately bound, the full
Cultural Resources Report, on January 15, 2009. The full Cultural Resources Report,
includes the confidential files (not available for public review). This full report includes
the record search maps showing the relation of all recorded sites, surveys in relation to
the project area, as well as all of the correspondence with Native American
Representatives. Also, refer to Comment Letter 11 with regard to an additional Native
American Representative letter received during public review of the Draft IS /MND.
5 -14 Although the Native American tribes state that the area is sensitive for cultural
resources, the project does not propose new pipelines or pump stations in any new
areas of the City. The project involves the replacement and /or repair of existing sewer
pipelines and rehabilitation of existing pump stations. Therefore, these areas have been
previously highly disturbed, and it is not likely that cultural resources would be
encountered during construction. However, if in the unlikely event resources are
uncovered, compliance with Mitigation Measure CUL -1 would reduce impacts to less
than significant.
5 -15 The comment suggests that Mitigation Measure CUL -3 appears to be an extensive burial
and data recovery plan for an unrelated project. However, this mitigation measure was
included in the Cultural Resources Report by CRM Tech; refer to Appendix C, Cultural
Resources Report, of the IS /MND. Based on the City's past experience with the
identified cultural resources located within the vicinity of the proposed project and the
JN.10- 106528 2 -29 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
n[ Mitigation Monitoring and Reporting Program
potential, although low, for encountering cultural resources within the City, the IS /MND
specifically included the Mitigation Measure CUL -3. Also, based on input received from
the Native American Heritage Commission (NAHC) and the Gabrielino - Tongva Tribe,
this mitigation program is appropriate for the area in which the project will be conducted.
CUL -3 has been consistently utilized by the City since 2002 to clearly set forth the level
of mitigation that will be required if human remains are encountered during project
implementation for both private and public projects. The language was reviewed and
determined acceptable by the Native American Heritage Commission, the California
Coastal Commission, and identified Most Likely Descendents by the Native American
Heritage Commission.
Attachment
The State Water Resources Control Board's Evaluation Form for Environmental Review and
Federal Coordination provided in the comment letter has been completed. This form is provided
as an attachment to this response.
JN 10- 106528 2 -30 Response to Comments
City of Seal Beach
x. City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09-1
' Response to Comments and
Mitigation Monitoring and Reporting Program
State Water Resources Control Board (State Water Board)
Clean Water State Revolving Fund Program
Evaluation Form for Environmental Review and Federal Coordination
No.
As stated in Section 4.12, Population and Housing, of the IS /MND, the proposed project
would not generate new residents or additional population in the City, as the project
involves the replacement and /or repair of underground sewer pipelines and rehabilitation
of pump stations. Project construction would not affect federally - listed threatened or
endangered species. As stated in Section 4.4, Biological Resources, the project site has
limited value to native plants and wildlife due to the disturbed and developed nature of
the site. The project would be required to be consistent with the Migratory Bird Treaty
Act, as the project site is located within the vicinity of areas that may support nesting
birds. Section 4.4, Biological Resources, identifies Mitigation Measures BIO -1 and BIO -2
which would require the project to avoid nesting birds in the project area by scheduling
vegetation removal and /or thinning around nesting season and conduct pre - construction
surveys for nesting birds, and require construction of improvements to take place outside
of the beach areas and Pacific Ocean to avoid potential impacts to marine life.
Refer to Apoendix B, Biological Constraint Study, of the IS /MND for project -level
biological surveys.
2. Section 4.5, Cultural Resources, of the IS /MND satisfies the CEQA -Plus requirements
for the State Water Resources Control Board (SWRCB) State Revolving Fund (SRF) and
achieves compliance with Section 106 of the National Historic Preservation Act (NHPA).
The IS /MND and associated technical studies identify the Area of Potential Effect (APE),
include a review of necessary literature and records, and provide evidence of
consultation with the Native American Heritage Commission (NAHC) and appropriate
Native American groups.
Refer to Appendix C, Cultural Resources Report, of the IS /MND for current records
search and records of Native American consultation.
3. Yes.
Pursuant to State Water Resources Control Board (SWRCB) CEQA -Plus requirements,
the analysis within the IS /MND has been structured to illustrate how the proposed project
would meet the requirements of the Federal Clean Air Act (FCAA) General Conformity
requirements, as well as those set forth by the SCAQMD. The project site is located
Within the South Coast Air Basin (Basin) and is designated non - attainment for Ozone,
PM,o, and PM2.5. Thus, the proposed project is subject to a screening level general
conformity analysis.
Per 40 C.F.R. Section 93.153(b), the de minimus concentrations of ozone are limited to
25 tons /year (50 tons/year of VOC and 100 tons/year of NOx), and PM,o is limited to 100
tons/year. There are no established limits for PM2.5. The highest concentration of
emissions would occur during construction activities; refer to Table 4.3 -1, Clean Air Act
Conformity — Step A (note that table numbers correspond to those in the IS /MND).
A 10- 108528 2 -31 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
During this phase, the concentrations of the ozone precursors (NOx and VOC) are
predicted to be 8.11 tons /year of NOx and 1.01 tons /year of VOCs. As these
compounds speciate in the troposphere and are not necessarily additive, predicted
ozone levels are not expected to exceed the de minimus thresholds. Additionally, the
project would emit 0.44 tons/year of PM10 and 0.40 tons/year of PM2.5, which are also
below the de minimus threshold. Operational emissions would also meet the Federal de
minimus standards.
Table 4.3 -1
Clean Air Act Conformity — Step A
Per consultation with the SCAQMD, the predicted emissions are compared to the 2009
emissions inventory established in the 2007 Air Quality Management Plan for the South
Coast Air Basin. As shown in Table 4.3 -2, Clean Air Act Conformity — Step B, the
project emissions for non - attainment pollutants would be below ten percent of the
emissions inventory. Therefore, project- related emissions would be less than significant.
Table 4.3 -2
Clean Air Act Conformity — Step B
As illustrated in Table 4.3-4, Construction Emissions, construction- related activities
would result in 7.20 Ibs /day of VOC, 62.39 Ibs/day of NOx, 3.05 Ibs/day of PM,o, and
JN 10- 106528 2 -32 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
_ Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
2.76 Ibs /day of PM2.5. Per Table 4.3 -5, Operational Emissions, operational - related
activities associated with the project would result in 2.56 Ibs /day of VOC, 32.72 Ibs/day
of NOx, and 0.97 Ibs /day of PM10. Neither the construction nor operational emissions as
a result of the project would exceed SCAQMD thresholds.
Table 4.3-4
Construction Air Emissions
"gr°^p� 1 r �ollutarit� oundglda .:
f issio RSource rip COMM ? £_ 10
Unmitigated Emissions2 7.20 62.39 35.19 0.01 3.05 2.76
SCAQMD Thresholds 75 100 550 150 150 55
Is Threshold Exceeded? No No No No No No
VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PM10 = particulate
matter, up to 10 microns; PMzs = particulate matter, up to 2.5 microns
Notes:
1. Emissions were calculated using the URBEMIS 2007 version 9.2.4 Computer Model, as recommended by the SCAQMD.
2. Refer to Aooendix A. Air QualihLData of the ISIMND, for assumptions used in this analysis.
Table 4.3 -5
Operational Emissions
issrr9C urce '• U x V e ?N
Operational Emissions 2.56 32.72 9.70 0.04 0.97 0.97
SCAQMD Thresholds 55 55 550 150 150 55
Is Threshold Exceeded? No No No No No No
VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PM10 = particulate
matter, up to 10 microns; PMzs = particulate matter, up to 2.5 microns
Notes:
1. Refer to Aooendix A. Air Quar Data of the ISIMND, for assumptions used in this analysis.
Refer to Section 4.3, Air Qua li , and Appendix A, Air Quality Data, of the IS /MND for the
project specific air quality analysis and studies.
4. Yes.
The proposed project is located within the City of Seal Beach, along the California
coastline, in the northwestern portion of Orange County. The project includes
infrastructure improvements throughout the City, including locations within the coastal
zone and outside the coastal zone. Section 4.9, Land Use and Planning, of the IS /MND
states that project components located between the Pacific Ocean and Westminster
Avenue are subject to compliance with the Coastal Act Section 30600(c), which requires
that a coastal development permit be obtained from the Coastal Commission. As 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 components that are located within the coastal zone.
JN 10- 106528 2 -33 Response to Comments
t
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
a Response to Comments and
Mitigation Monitoring and Reporting Program
The project is considered consistent with applicable policies and standards of Chapter 3
of the Coastal Act.
5. No.
Section 4.2, Agriculture Resources, of the IS /MND states that the project site is not
designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance,
and is not in a Williamson Act Contract. Project implementation would not result in the
conversion of farmland to non - agricultural use.
6. Yes.
Section 4.8, Hydrology and Water Quality, of the IS /MND identifies portions of the project
site (near the Pacific Ocean, along the Southern California Edison easement, and near
the Old Ranch Country Club) to be located within a 100 -year flood hazard area,
according to "Figure S -7, FEMA Flood Zones" of the City's General Plan. However, the
project does not propose any housing or habitable structures, and would not expose
people or structures to flood hazards.
7. Yes.
The proposed improvements would be required to be consistent with the Migratory Bird
Treaty Act (META). The project is located within the vicinity of areas that may support
nesting birds. Portions of the project site are located within existing residential areas,
which include ornamental vegetation (i.e., gardens, eucalyptus trees, turf grass, and
other ornamental trees). The project area consists of mostly non - native vegetation.
Wildlife observed during site visits conducted by Harmsworth Associates include the
mourning dove (Zenaida macroura), yellow - rumped warbler (Dendroica coronata), and
house finch (Carpodacus mexicanus).
For areas within the vicinity of city parks that may impact potential nesting bird species,
Mitigation Measure BIO -1 would limit vegetation removal and /or trimming activities
during construction between August 1 and February 14 (outside of the nesting season),
if feasible to ensure that no active nests would be disturbed. If vegetation removal
and /or trimming activities take place during the nesting season (February 15 through
August 1), a qualified biologist would need to inspect the trees in the vicinity of the
improvement areas prior to construction to ensure that no nesting birds are present. If a
nest is present, appropriate measures would be developed by the biologist to minimize
any impacts to the nest. Therefore, with implementation of Mitigation Measure BIO -1,
potential impacts to nesting birds would be reduced to less than significant levels.
Mitigation Measure
BIO -1
To avoid nesting birds, one of the following must be implemented
under the direction of the Director of Development Services:
■ All vegetation removal and /or thinning activities shall be scheduled
from August 1 to February 14, if feasible to ensure that no active
nests would be disturbed; or
Conduct pre - construction surveys for nesting birds if construction
is to take place during the nesting season (February 15 through
JN 10- 106528 2 -34 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
.' Response to Comments and
Mitigation Monitoring and Reporting Program
July 31). A qualified wildlife biologist shall conduct a pre -
construction raptor survey no more than 30 days prior to initiation
of grading to provide confirmation on presence or absence of
active nests in the vicinity (at least 300 feet around the project
site). If active nests are encountered, species - specific measures
shall be prepared by a qualified biologist in consultation with the
California Department of Fish and Game (CDFG) and
implemented to prevent abandonment of the active nest. At a
minimum, grading in the vicinity of the nest shall be deferred until
the young birds have fledged. A minimum exclusion buffer of 25
feet is required by CDFG for songbird nests, and 200 to 500 feet
for raptor nests, depending on the species and location. The
perimeter of the nest - setback zone shall be fenced or adequately
demarcated with staked flagging at 20 -foot intervals, and
construction personnel restricted from the area. A survey report
by the qualified wildlife biologist verifying that the young have
fledged shall be submitted to the City prior to initiation of grading
in the nest - setback zone.
8. No.
Section 4.4(c), Biological Resources, of the IS /MND states that no wetlands or Waters of
the United States are located within the boundaries of the proposed improvements.
Therefore, a wetland delineation or permits are not required for the proposed project by
the U.S. Army Corps of Engineers.
9. No.
The proposed project is located adjacent to the San Gabriel River. However, the San
Gabriel River, nor any other rivers in the project vicinity, are designated wild and scenic
rivers, according to the Wild and Scenic Rivers Act. No impact to wild and scenic rivers
would result from project implementation.
10. No.
The project is not within the boundaries of a sole source aquifer.
JN 10- 106528 2 -35 Response to Comments
COMMENT NO.6
ATE OF CA IA — TU AGENCY ANO L
CALIFORNIA COASTAL COMMISSION ZM
$*A 0MLA= o
200 0mangate. swch im
Lwa Beam. CA 90NO24302
r5ft'SW60" I RECEIVED
February 17, 2449
Mr. Lee Whittenberg
Director of Development Services
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
FEB 17 2009
STATE CLEARING HOUSE
t�Y
2- �$•o`I
Re: City Wide Sewer Capital Improvement Project
Initial Study/Mitiigated Negative Dedamtion (3CW 2910011t'149)
Dear Mr. Whittenberg,
Thank you for the opportunity to review the I hitial Study/Midgeted Negative Declaration for the
City wide Sewer Capital Improvement Project According to the Initial Study/Wdigated Negative
Declaration, the ultimate goal of a Capital Improvement Prograrn is to provide the City Math a
short and long- range planning too[ to implement the con0mcdon of needed infrastructure
improvements in an-orderly manner. and to keep pace with the Clays growth.
The following comments address the issue of the proposed project's consistency with the
Chapter 3 policies of the California Coastal Act of 1976. The comments contained herein are
preliminary and those of Coastal Commission staff only and should not be construed as
representing the opinion of the Coastal Commission itself.
Below are the comments by Commission staff on the Initial Study/Mkigated Negative
Declaration.
Coastal Duavelooment Permit. Any work-that will take place within the Coastal Zone, will
need a Coastal Development Permit For example, work taking place at the Seal Beach
Pier, a Street Pump Station. or the 1" Street Pump Station will require a Coastal
Development Perndt.
Thank you for the opportunity to eornmant on the -Initial Study/Midgated Negative Declaration for
the City wide Sewer Capital improvement Project. Commission ste f_ requeat notification of any
future activity associated with this project or related projects. Please note, the comments
provided herein are preliminary-in natur re e. Additional and mom specific comments may be
- appropriate as the project develops into final form and,when an application Is submitted for a
coastal development permit. Please feel free to contact me at 582 - 590 -5071 With any
questions.
CoastailProgram Analyst II
Co: Stage Clearinghouse
6.1
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
:r Initial Study/Mitigated Negative Declaration 09-1
Response to Comments and
Mitigation Monitoring and Reporting Program
S. RESPONSE TO COMMENTS FROM THE CALIFORNIA COASTAL COMMISSION,
DATED FEBRUARY 17, 2009.
6 -1 As stated in Section 4.9, Land Use and Planning, page 4.9 -3, improvement areas
located between the Pacific Ocean and Westminster Avenue are subject to compliance
with the Coastal Act Section 30600(c), which requires that a coastal development permit
be obtained from the Coastal Commission. As 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. The
proposed project is considered consistent with applicable policies and standards of
Chapter 3.
A 10- 106528 2 -37 Response to Comments
COMMENT NO. 7
Gabriefino Tongva, Nation
A California Tribal Sovereign
Post Office Box 86908 - Los Angeles, CA 90086
February 17, 2009
Council of Elders Laum Hensley Shaker
CR1Fi(TUM
Department of Provisory 1016 8. Cooley Drive, Sufts k',B,
GOveinment Colton, CA 92324
Sam Dtmlap Re; Native American: Consultation -- City of seal Beach Seaver Capital inNxovernents project
Tribal 5ecret� �Y
ettyVF3e6-Bcacir,flrarige'County-,-CA
CRM, TEC14 Contract #2286
Dear Ms. Shaker,
This Ieiuer is in response to your -inquest fbr tribal consultation regarding the proposed Seal
Beach Sewer Capital- Improvements Project. Since the project area is within the traditional tribal
territory of the Gabrielinv Tongva Nation it is my responsibility-to respond with the concern that
the project ps-described -may have the. potential to create an environmental impact to the cultural
resources pf our tribe: .
The proposed project areas as described in your correspondence encompasses an area within
close proximity of several recorded archaeological sib 0rchaeologicad complexes), Native
Anteriemm burial grounds and natural-waterways. These are all indicators that the areas outlined
in your correspondence were prince- locations for pnehisi+oric habitation and food gathering sites.
For this reasm 1 would suggest that the project area as identified in your correspondence has an
incre&"d potential to contain buried archaeological deposits as past construction practices and
poticies in developed urban and'industr-Wi -areas did not .afford adequate-protection'to: identify and
protect the errituraf resources of the Gabrielind Tongva Ration.
i recommend that an archaeological.and Native Arnerk= monitoring component be.a necessary
mitigation measure during the eonstruction phase. of-the proposed project I also request that
cousideratibn- be given that the Native American fbonitors be selected from the.Gabrielifho
Tangva Nation.
1 look forward to corresponding withyouu on cultural resource issues and matters of
enviromnental compliance. Please feel free to contact me at any time.
Sincerely,
I. 1
5ain" slap = i'rtbal
(9091'262 -9351 coil
samdunlQ@carthI!nLLIct
RECEIVED FEB 19
One Tribe — Oue Nations — One Mood
7.1
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
* Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
c Mitigation Monitoring and Reporting Program
7. RESPONSES TO COMMENTS FROM THE GABRIELINO TONGVA NATION, DATED
FEBRUARY 17, 2009.
7 -1 As stated in Section 4.5, Cultural Resources, the project area is sensitive to prehistoric
and historic archaeological resources and human remains. However, the proposed
improvement areas have been severely disturbed in the past for development and the
City's existing sewer system. The probability that construction of the proposed project
would impact any undocumented buried archaeological resource would be unlikely, as a
result of this past disturbance. An archaeologist and a Native American Monitor would
be required to be present during earth removal or disturbance activities related to rough
grading and other excavation for foundations and utilities. The selected archaeologist
and Native American Monitor would be immediately notified and all earth removal or
disturbance activities would cease, should any earth removal or disturbance activities
result in the discovery of cultural resources; refer to Mitigation Measure CUL -1. The
comment requests consideration be given that the Native American Monitor be selected
from the Gabrielino Tongva Nation. The City will coordinate with the appropriate Native
American Monitors in their selection process.
JN 10- 106528 2 -39 Response to Comments
COMMENT NO. 8
arrATE OP ftLyUglmA
NATIVE AMERICAN HERITAGE COMMISSION
e.RddSeMrs !`w 9! /war
Mr, CAPtrOL MALL, ROOM 8fd
SACK NMO, CA 9=4
moisnam
(rossr
web Slto t
•• .. .,.
s matt• ds mho 0;1!ebeOmd
City ui Zed =410
February 17, 2009
FEB l 9 Mpg
Mr. Las Whiitenberg
CITY OF SEAL BEACH
'
D'aartr;;sri
211.8°' Street
Said Beach, CA 80740
of
Re: SOMM-09011049 QA Notice of Comoletion • craoased
the = Wide
.3ewer Caoitai imorovament Emleet:located in the,-City at Seal • each• Omnae
Counbr• C_atiforrle
Dear Mr. Whililenberg
The' Nstive'Amerken Heritage Commission (NAHC) is the-state ' trustee agency' .pursuant to Pubiiic
Resources Code §2lU70.deelgnated io protecrCafrfontia'a Native Amadcan-Culiu'rai Resources. The California
Enviranmentai Quality-Act (CEQA) requires Shat -arty project thatcauses, a substarrtiRi adverse change In the
significance of an historical resource, that.indudas archaeological resources, Is a'srgnfficont effect requiringfhe
prepamflon of an EnWronmental impact 6teport(EIIt) perthe.Cafifornto Code ofRegulallons §1506d;5(b)(a )M CECA
guidelines). Section 15382 -of the 2007 CEGIA-Guldeirnes defines a- signlfica impact an the environment es'a
substantial, or: potentially substantial,, adverse change in any of physical ebndilons vrINn an area affected "a
Proposed project; including .- objecls of histodc.or oestheticsigniircence." In order to comply with this provision,
the lead .'agency Is required•to-assess Whether t to pro,(ectvAl have an adverse impact on-these moo x- a within the
'area of potential sfiect (APE)', and if eo, to mMgatefhat-effact To adequataly-aesese the project - related impels on
hlsiorlca( resources, OWComnkistan recommends°the•following action:
COntaatthe appropriate California Historic Resources Information Center (CHRIS) for possible-'recorded altes' in
locations where the development will or might occur.. Contact information forthe Informadon Center nearest you Is
evellabisfrom the Slate Oifioe.of Historic Preservation (018B53- 7278) /.jLtm tMtww.flhe.oarics.ea.aov. The�reccrd
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 cultural resauroes:sm located in the APE.
1 a survey. is required,to determine whether previously unrecorded cultural resources are present
if an aretwooia9rcai.lnventary survey Is required, the final -stage Is the preperstiomof a professional report detailing
the findings and recommendations of the-records search and field survey.
■ The final report contelning.sibe forms, site-sigidficance,.and mitigation messummshould be submitted
Immediately to the( �lanning.departnient- All information regarding aide Iccations, Native American human
remains, and esWiil9Wd;funerar robjeats ahouid�be.in a separate confidential addendum, and. not be made
- aveilal�iarpuMct6sdasure.
■ The final .written report should be.submNled within 3 months sitar worts has boon completed to the appropriate
reglonal-erchaeological Information Center:
4 The Native American�Herfiags COnrrniseforl (NAHCIpedbrrieet
' A Soared Lands -F a t5LF1 search oftha.oraiant'arna•efm I Gnat* raet>cY. Tr,e_�„r-. raw �...w.....
erwcneo ast ono -me mere ate NaliveAnlerican cultural rmources.fn°clase•pr4odmity.,
■ The lr HC advises the use of Native American'Manitnrs, aieo;.when professional archaeologists orthe
equhreient am ampioyed'by project pmpormds, in order to eneure proper•ide "Imo ion :anti ware given cultural
resources that maybe discovered. The. NAHC, FURTHER, recommendo1hat contact be made With Native
&Mftn.Comtacss on the attached lig lo got !heir Input an potential IMPACT of the project (APE)-on crlbaai
resources.. In'eome.oases, the•exietsnce of a Nelfve Rmedean.culbural. Mwumms-may be known onlyto.a local
bibe(s) or Native Americaa'inOWuais or eiders.
° 4 Lade of surface evidence of archeological resources does not :preclude Their subsurface existence.
° Lead egenciee•should include In their mitigation-plan provisions for the identification and.evoluation of
accidentally discovered archeological resources, per CafrforWO Environmental Quality Act (CEQN §15064.5 M.
In areas of identified archaeological sensffy'vity,, a-ceniFled archaeologist and-a cubrafly affiliated Native
American, wt h knay*wge in Ginty al resources, should monitor of ground4sturbing ectiivi m
Again, a eutturrab4fii1ated Nethre American tribe may be the only source of information about-a• Seared
SiteJNetive American cultural resource,
8.1
• Lead agencies should Include in their mitiptlan plan provisions for the disposition of recovered artifacts, In
consultation with culturally affiliated Native Americans.
d Lead agencies should include provisions for discovery of NaWe American human remains or unmarked camemose
in their mitigation plans,
" CEQA Guidelines, Section 15084.5(d) requires the lead agencyto workwttir the Native AmericanajdaiMed
by this Commission if the initial,SMV iderrtifles the Presence or likely presence of Nadvia American human
remains within the APE CEQA Guidelines provide for agreements with Native American, identified by the
NAHC, to assure the approprkb and dignified treatment of Native American human remains and-any aseodated
grave liens.
d Health and Safety -Cods §7050.5, Public Resources Coda §6097.88•aed Sec. §15064.5 4d) of the Callibmik Code
of Regulations (CEQA Guidelines) mandate procedures to- be ioilowed, Induiting that constr talon or excavation be
stopped In the event of an accidental ckwvery of any human remains in a location, other than a dedicated cemetery
until the county coroner or medical examiner can determine whether the remains ate those of a Native American.
Note that §7052 of the Health & Safety Code. states that disturbance of Native American cemeterles.is a felony.
ms at (916)-6534251 If you have any questions.
Attachment List of Native American Contacis
Co: State Clearinghouse
8.1
Ti' At Society
Cindi Alvitre
6515 E. Seaside Walk, #C
Long Beach , CA 90803
calvitre @yahoo.com
(714) 504 -2468 Cell
Native American Contacts
Orange County
February 17, 2009
Gabriellno Tongva Nation
Sam Dunlap, Tribal Secretary
Gabrielino p.O. Box 86908 Gabrielino Tongva
Los Angeles . CA 90086
samduniap @earthlink.net
Juaneno Band of Mission Indians Aciachemen Nation
David BelardeS, Chairperson
32161 Avenida Los Amigos Juaneno
son Juan capiwano , CA 92675
David Belardee 0 hotmail.com
(949) 493 -0959
(949) 493 -1601 Fax
Tongva Ancestral Territorial Tribal Nation
John Tommy Rosas, Tribal Admin.
Gabrielino Tongva
tattnlaw @gmail.com
310 - 570-0567
Gabrieleno/Tonava San Gabriel Band of Mission
Anthony' Morales, Chairperson
PO Box 693 Gabdelino Tongva
San Gabriel CA 91778
(626) 286 -1632
(626) 286 -1758 - Home
(626) 286-1262 Fax
(909) 262 -9351 - cell
Juaneno Band of Mission Indiana Aclachemen Nation
Anthony Rivera, Chairman
31411 -A La Matanza Street Juaneno
San Juan Capistrano , CA 92675 -2674
arivera@ Juaneno -corn
949 - 488 -3484
949 -488 -3294 Fax
Gabrielino Tongva Indians of California Tribal Council
Robert Domme, Tribal Chair/Cultural Resources
P.O. Box 490 Gabrielino Tongva
Bellflower CA 90707
gtongva@vedzon.net
562 -761 -6417 - voice
562 - 925 -7989 - fax
Juaneno Band of Mission Indians
Alfred Cruz, Culural Resources Coordinator
P.O. Box 25628 Juaneno
Santa Ana , CA 92799
alfredgcruz @sbcglobal.net
714- 998 -0721
sUredgcruz@sboglobal.net
This Ilat is current only as of the data of ttds document
Distribution of this Ihd does not m9we any person of sfstutory rosponslbllfiat as deHasO In Sector 7050.5 of the Moaith and
Sataty Code. Sectlon 5097.90 of the Public Resources Code and Section 5097.99 of the Public RCaouMe9 Code.
Tins Est is onty applicable for oonowling local Native Amerlcans with regard to Cultural resources for the proposed.
SCYt/2009011049; Ca" Modes of Completion; proposed M%p ted Negative Declaration for the City -Nnda SwMr
Cepaoi Improvenrent Proicot (Clp No. 820901; City of Seel 0 00111; orange County, CaOromis.
Native American Contacts
Orange County
February 17, 2009
Juaneno Band of Mission Indians
Adolph 'Bud' Sepulveda, Vice Chairperson
P.O. Box 25828 Juaneno
Santa Ana , CA 92799
bssepul@yahoo.not
714- 838 -3270
714-914-1812 - CELL
bsepul @yahoo -net
Juaneno Band of Mission Indians
Sonia Johnston. Tribal Chairperson
P.O. Box 25628 Juaneno
Santa Ana . CA 92799
sonia.JohnstonObsbcglobal.net
(714) 323 -M 2
Juaneno Band of Mission Indians
Anita Espinoza
1740 Concerto Drive Juaneno
Anaheim , CA 92807
(714) 779 -8832
Juaneno Band of Mission Indians
Joe Ocampo, Chairperson
1108 E. 4th Street Juaneno
Santa Ana - CA 92701
joeaocampo@netzero.com
(714) 547 -9676
(714) 623 -0709 -Cell
This list Is current only as of the dam of this document
D1sWkdion of this list does not relleve any person of statutory responsiNky as defined In Section 7050.5 of the Maalffi and
Safety Code, Section 5097.94 of the Public frleaouraes Code and Section 5097.93 of the Public Resources Cods.
This Iles Is only applieable fbr contacting lonal Nathm Americans with regard to cultural resources for the proposed
SCHW2009011049; CECA Notice of Completion; proposed IY9tipated Negative Declaration for the City -Wide ftwer
Capitol Improvembln Project (CIP No. 9St1907; City of Seal Beach; Crangs County, CalftrnhL
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial StudylMitigated Negative Declaration 09 -1
' Response to Comments and
Mitigation Monitoring and Reporting Program
8. RESPONSE TO COMMENTS FROM THE NATIVE AMERICAN HERITAGE
COMMISSION, DATED FEBRUARY 17, 2009.
8 -1 As discussed in Section 4.5, Cultural Resources, of the Draft IS /MND, there are no
reported significant cultural resources or heritage resources located on the project site.'
Sixty recorded cultural resource studies have been conducted within approximately one
mile of the project site. Of these sixty previously recorded studies, the project site was
not included, however, four sites were identified within the Hellman Ranch property near
the northern edge of the southwestem portion of the project area. Thus, as no previous
studies have been conducted within the project site, the project would result in no
impacts to previously recorded cultural resources located within the boundaries of the
project site.
Although the discovery of human remains on the nearby Hellman Ranch property
increases the potential for the discovery of unknown locations of human remains, past
levels of disturbance on the project site suggest human remains are unlikely to be found
on the project site. Due to the level of past disturbance on -site, it is not anticipated that
human remains, including those interred outside of formal cemeteries, would be
encountered during earth removal or disturbance activities. If human remains are
discovered during the construction process, the Orange County Coroner's office would
be notified immediately (California Health and Safety Code §7050.5) and all activities in
the immediate area of the find would cease until appropriate and lawful measures have
been implemented. If the Coroner determines that the remains are Native American, the
Coroner would contact the NAHC (California Public Resources Code §5097.98). The
NAHC would designate a Most Likely Descendent who will make recommendations
concerning the disposition of the remains in consultation with the lead agency and
project archaeologist.
Mitigation Measure CULA includes provisions if cultural materials or archaeological
remains are encountered during the course of grading or construction, which includes
retaining a qualified archaeologist to evaluate the significance of the resources and
recommend appropriate treatment measures (e.g. avoidance, preservation, removal,
data recovery, protection, etc).
It should be noted that the project does not involve a Specific Plan or General Plan
Amendment, and therefore is not subject to the statutory requirements of Senate Bill 18
(Chapter 905, Statutes of 2004). It should be further noted that the project has complied
with the public review requirements as set forth by the California Environmental Quality
Act (CEQA) Guidelines (CEQA Guidelines Sections 15073, 15072, and Public
Resources Codes 21092.3 and 21091 (b)). The Native American Heritage Commission
was also notified during the 30 -day Draft IS /MND public review period.
' CRM TECH, Due - Diligence HistoricaUArchaeological Resources Review for the City of Seal Beach Sewer
Capital Improvements Projects, December 2008.
JN 10- 106528 2-44 Response to Comments
a g w m - . - - - -
li� Or.s
Oar GOissosl�y Oa! Cemmusaa4
FeWMY 1a 200
its. Lee-wh pp�,r,d��
city Of S�� n
DwelaP70* S"c".Depa'aned
2116x' Sti"'
Seal Bead% CA 9074M.
SEiBdECT` COY
Dow wk. vunaKdaz
COMMENT NO.9
sm
sg+ap.GA
PA.8ae4Qae
���
==
The -above mention W item is an InXW Swpdy -Ne a Deda �ISIMND)
for to CKYVYda Se"'
prvjed laud m the CRY of Sod ®each. MOW
A1laohed pleNs find an a -CaLl* Road Cu*d pisffiets
.
(QCFCD) f arras acs paned F rviork bo bat" "I*
ate OCFCO.�igM drwGV. the CRY .41 li pis Chuc ; dl Wb � Y
Pe � , The: pfd pwson atto CPP is t;tnx�rS eld � '. His
p l%(M4) -
Iyon hm aditaret- ,. 00m I perry Ant jMw at (714) 834407.
Ronaid L. TOpele, CKOf
current and Efivitodmte�l PIS
9.1
City of Seal Beach
"`:• w City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
9. RESPONSE TO COMMENTS FROM THE ORANGE COUNTY PUBLIC WORKS,
DATED FEBRUARY 18, 2009.
9 -1 The comment states that for work done within the Orange County Flood Control District
right -of -way, the City would be required to apply for a permit from the County Property
Permits. It is acknowledged that the City would be required to coordinate with Orange
County Public Works to obtain a permit for construction occurring within the Orange
County Flood Control District's right -of -way. The required permit would be obtained prior
to commencement of construction activities.
JN 10- 106528 2 -47 Response to Comments
COMMENT NO. 10
Post°FascNatie 7511
)& Lee
Chy of Seal Beach
211.8& Stt d
Seat Bead. CA 9W40
"matt ' ' Study / Wisated lei
t ®.Dve Pn e ar
city Wde mir rnLent
1bego * CoastAir Qaslity Umapnent Distda (SCAQM Wmiaft die °iota * m
equmneat as ti=e above••m� daa T� f its are �t as -guiamw
fir tts -L ad Apps ad aho Ube inco*adcd mfa the FIVI MitigatedNegesfive Deelaratioa
�V)-
7he SCAQhM stag is aea0a k to work vft flee Lwd ABMCY to Rddmu ftw roes lad ate►
otbcr- q=Wmss'thetmay Zim Please calgaa jeffb6lac4 Air Quality Spec Wlg —CBQ
SecdM at (909) .396 -2453, if you bm s yy q=dws reg adicg *c- eaaosed commaam
S9amdy,
Stove SMh% -PLD
ft,V= SU —MQA Secd=
pbnm,o3, Rib Devetopmeat -.& Area Swaft
Su
a.o7
Coaaoi l4two r
■I
i7
10.1
>Ar. Lee Vhkwnbecg
1.
2
I
rs, 2009
AcwIftg m the Initial 3t *Mdgated. i+t adwi Deala:60 Doc+m== ( MM). the
pmPosed SO=:;Mnvcmeuis we armed to falte.plaoe UM-Z. Year per od cf liras. As
,a„a .eam =.Darin, the air cln I* were � dte 'amw
poom t oq plea m.wpmiod:of oe ym- SCAQbM �. -*K A c
�id®ft fta COVkuucdan Scbedole of projects to.-to= tint QQD=cdon
actividea for variw�s p - ptoje+cts''tb►at amiap w wwacud for in the air gaality
as.overlapp proje� te3h►g s6milar eats of cansaucian eq+iipmeat could -test m
big w Peak emMoa values d= eaarind W*e MOM To avoid multiple const ctlm
opetatioas, SCAQMD staff MFOSta that a mitigation. mw o be added that prohibits
mdt* crows tom avrlwg at var3ous-Sh= at the salsa am A►ddhianal map on *A
imposed conorccton mbedule is ncedvL
ysted as page 2-% it is not Clear cabal
In Project No. � -Piet Purrrp Stadou �Xmpravemen't9, .
impam. an associated vn& &a nloeat w cf site rMp station. For cample, WM the now
winch is tat a major =qKMM Of the currant
ma=don Mdyw 9CAQw etaf thal the lend a3®cy verify tlmt -the
c ustmcdon awissians .aaal3rsis includc& my ecdvit M associated with the relocation of a
ptuop-starion.
The tocais a taud in the UItBFM -model camlafiaa *aels_ provided iA:_App=Ibc -A do
I* match. *6 eminrions tntais ]fisted in the va dom tables loefpd; in Section AS- Ayr Q=HtY
edgsis Wed= 7%S diaa wsacy sbanid -be cowod . pr explhd It also appears that
in,cortoet Ld djwd Si d&wce Threshold vdaw at presented is Tabun 43 -y an-Page
4.3 =16.'
4. Far shy replaeenaem, rababiEtafloa, or modificWcas -h should bra: ia�a if there wM bc as
iaa= in tha -size of any stationary s v x a eOpment or an in=wc is awn equil o nat
rating, if there i9•an k=aise. will thm be.=. increase iu energy demand?
S. On page 43-13, the SCAQWs imaim gt+ =bOuse B Pte) algdfica= *ra"d
Lured apptoaeb is dawn -vA rw-SCAQhM Mognim-that CEQA lead Soncia have the
dt c"don'to esWblisb thi b own sig iffa nce fiaesbaWL The lead er aboard be-aware
that the SCAQMD adopted a wnsed vcmn of the iattW= 4Hrj MSMfj = tbregwld
proposal cn Deaembea 5, 2008, that applies -psi► to projects whM the SCAQMD is tht: lead
Syr. This dw== caa be . f =d on the W.A 00's webs!W.
OoSllaecemberLO3 1
10.1
10.2
10.3
10.4
10.5
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
ty.. Mitigation Monitoring and Reporting Program
10. RESPONSE TO COMMENTS FROM THE SOUTH COAST AIR QULAITY
MANAGEMENT DISTRICT, DATED FEBRUARY 18, 2009.
10 -1 As stated in the analysis, the project.proposes a tentative schedule of CIP and Sewer
Rehabilitation projects occurring over a 10 -year period subject to modification based on
funding. Therefore, there is a potential for certain projects to be built before the
anticipated schedule year. As such, the analysis assumed that all CIP and Sewer
System Rehabilitation Projects would be constructed within one year. Although the
likeliness of all CIP Sewer System Rehabilitation Projects being constructed within one
year occurring is extremely low, this would present a worst -case scenario. Additionally,
analyzing all construction activities within one year assumes overlapping of construction
activities. It should be noted that the three construction methods proposed do not use
large equipment fleets. Therefore, additional emissions modeling and mitigation
measures would not be required. Also refer to Appendix A, Air Quality Data, for the
assumptions that were used in the analysis.
10 -2 The description of Project No. 4 — Pier Pump Station Improvements on page 2 -8 of the
IS /MND includes a misprint that the pump station would be relocated. The Pier Pump
Station would actually be rehabilitated, where the motor would be upgraded.
Rehabilitation of the pump station would not require any demolition or site preparation
activities. Therefore, there would be no emissions associated with these activities and
no additional modeling would be required.
10 -3 Appendix A provides URBEMIS model outputs for two separate runs. One model run
was conducted for the pump station improvements and another model run was
conducted for the pipeline upgrades. The totals from each of these activities were
summed and included in the tables in Section 4.3.
Additionally, the incorrect Localized Significance Threshold Values for NOx and CO are
presented in Table 4.3 -7. Therefore, Table 4.3 -7 on page 4.3 -16 of the Draft IS /MND
shall be revised as follows in the Final IS /MND:
Table 4.3 -7
Summary of Localized Significance of Construction Emissions
JN 10- 106528 2 -50 Response to Comments
City of Seal Beach
' City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
10-4 As shown on Table 2 -1 of the Draft IS /MND, the proposed project would increase the
size of the existing wastewater pipelines. Although pipeline sizes would increase,
increases in the size or energy usage of the pump stations would not be required.
Therefore, an increase in energy demand would not occur.
10 -5 It is acknowledged that the SCAQMD finalized the Interim CEQA GHG Significance
Threshold for Stationary Sources, Rules, and Plans on December 5, 2008. The finalized
guidance is now only applicable to industrial (stationary sources) where the SCAQMD is
the Lead Agency. However, this guidance is being used for the proposed project, as the
SCAQMD is recognized as an expert agency in air quality, and the threshold
methodology is more conservative than that recommended by the California Air Pollution
Control Officers Association CEQA and Climate Change White Paper or the California
Air Resources Board Climate Change Proposed Scoping Plan
To achieve the objective of capturing 90 percent of greenhouse gas emissions from new
development projects in the residential /commercial sectors and implement a "fair share"
approach to reducing emission increases from each sector, the SCAQMD proposed
combining performance standards and screening thresholds. The performance
standards primarily focus on energy efficiency measures beyond Title 24 and a
screening level of 3,000 metric tons of carbon dioxide equivalents (MTCOZeq) per year
based on the relative greenhouse gas emissions contribution between
residential /commercial sectors and stationary source (industrial) sectors.
Since the City of Seal Beach does not have a Greenhouse Gas Reduction Plan or any
established greenhouse gas thresholds, it has elected to use the SCAQMD tiered
approach and thresholds described in Section 4.3 of the IS/MND to determine the
significance of the project's greenhouse gas emissions. CEQA Guidelines Section
15064.7(a) states, "Each public agency is encouraged to develop and publish thresholds
of significance that the agency uses in the determination of the significance of
environmental effects." Even in light of the changes made to the SCAQMD greenhouse
gas guidance between October and December of 2008, the analysis and conclusions
rendered in the IS/MND would not change and would remain less than significant.
JN 10- 106528 2 -51 Response to Comments
February 24, 2009
COMMENT NO. 11
GABRIELINO ,-TONGVA TRIBE
A California. Indian Tribe historically known as San Gabriel Band of Mission Indians
501 Santa Monica Blvd., Ste. 500, Santa Monica, CA 90401 -2490
www.gabrielinotribe.org • tel: (310) 587 -2203 • fax: (310) 587 -2281
Lee Whittenberg, Director of Development Services
City of Seal Beach
2118"' Street
Seal Beach, Ca 90740
my of Sea; s ach -
FEB 26 ZQty9
t
Reference: City Wide Sewer Capital Improvement/Fire Station 48 Projects
Native American Monitoring
Dear Mr. Whittenberg,
Please be aware that Seal Beach area is considered as a cultural sensitive area and we would like to be
informed on all concerns regarding excavation and /or "digging" throughout these projects.
During the past several years, Most Likely Descendants representing our Tribe have failed to consult
with the Tribe and have failed to register with the Tribe. They are not sanctioned by us. We request
that you use only sanctioned Most Likely Descendants ("MI-De).
The Gabrielino-Tongva Tribe is split into 5 factions, and this faction is by far the largest, with over 85% of
the descendants of the historic Gabrielino Tribe as members. Please see the January 2009 membership
table attached.
We request the use of sanctioned MLD's, who share findings, burials, and ceremonies with all tribal
members. Unfortunately, unsanctioned MLD's have not notified ourfaction for selfish financial reasons
or political reasons. As a result, the great majority of Gabrielinos have missed opportunities to pay their
respect to their ancestors.
As the largestfaction, it's our intent to restore MLDs to'whatthey are meant to do; "to provide a regular
means by-which Native American descendants can make known their concerns regarding the need for
sensitive treatment and disposition of.Native American burials..."
There are 5 MLD's that are registered with us the largest faction of descendants
of the Gabrielino Tribe.
We note with concern that MLDs not sanctioned include Anthony Morales, Robert Dorame and Sam
Dunlap.
Our protocol for sleecting and retaining MLDs will be as follows. This protocol may be adjusted to suit
your City's procedures:
1) Once contacted by an organization of digging, excavation or grading known as our indigenous
area we will promptly visit the site to assess the area.
2) If the project has been determined to be a sensitive cultural area prior to the project beginning,
Tribal council a bid will be provided based on the excavating and /or graders schedule.
Hon. Bernie Acuna Hon. Martha Gonzalez Lemos Tribal Administrator. Barbara Garcia
Hon. Charles Alvarez Hon. Felicia Sheerman Tribal Controller. Steven K Johnson
Hon. Linda Candelaria
11.1
3) The general contractor and /or the landowner will be billed according to the percentage of
excavation or grading that has been complete.
4) The Native American Monitors on site will follow the same specification guidelines as all
subcontractors on the job site.
5) A Certificate of Insurance will be provided.
6) Native American Monitors will be compensated according to the specification based on
prevailing wage or non - prevailing wage.
7) The monitor will work cohesively with the archaeologist.
8) The monitor will be given a timeline for the job completion date to be aware of time sensitive
issues and to assist with not interfering with this date.
9) If the project has unforeseen conditions found by the monitor and archaeologist; they will
collaborate to write a Request for Additional Information (RFI) to inform all parties involved with
the unforeseen findings.
10) Should the site become known as a sacred site a change order will be written for additional
costs involved with sorting, burial materials and ceremonial costs.
11) One MILD will be assigned to the project and monitors will be hired and /or subcontracted out by
our Tribe. The number of monitors on site will be determined by the contractor's schedule and
area size of the excavation.
12) Reports from the archaeologist and the monitors will be given to all factions for their review.
All members of the Tribe will be promptly notified of reburials.
It is our intent to work closely with our community leaders not to stall time sensitive projects, but to
rebuild and restore our cities together. Most of all, our concern is to mitigate negative energy and
preserve as much as possible with the utmost respect to our ancestors and our members.
Should you have any questions or comments, please contact our office immediately. It is fully staffed
during regular business hours.
Si erelY,
on. Fe eerman, Tribal Councilwoman
Gabrielino - Tongva Tribe
11.1
From left to right: Councilman Charles Alvarez, Councilwoman Linda Candelaria, Councilwoman Martha Gonzalez,
Councilwoman Felicia Sheerman, Councilman Bernie Acuna
Name of Tribal Faction
pass B Members
Class C Members
(Updated on January 29, 2009)
(BIA documentation)
(no documentation)
Gabrielino- Tongva Tribe, a California Indian Tribe
historically known as San Gabriel Band of Mission Indians
646 (87%)
984 (85 %)
(www.eabrielinotribe.ore) (1630 members, 85.7% of all
members)
Gabrielino/Tongva Nation (Sam Dunlap, Virginia Carmelo,
65 (9 %)
173 (15 %)
www.tongvatribe.net) (238 members, 12.5% of all members)
Gabrielino- Tongva Indians of San Gabriel Band, (Anthony Morales,
28 (4 %)
None (0 %)
www.toneva.com ) (28 members, 1.5% of all members)
Beaumont Group (no formal name, no website) (6 members, 0.32%
None (0%)
6(1/2%)
of all members)
Coastal Gabrielinos & Dieguenos (no formal name, no website)
Unknown
Unknown
Totals (1902 All Members)
739 (100 %)
1163 (100%)
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
11. RESPONSE TO COMMENTS FROM THE GABRIELINO TONGVA TRIBE, DATED
FEBRUARY 24, 2009.
11 -1 The comment requests that the Gabrielino - Tongva Tribe, a California Indian Tribe
historically known as San Gabriel Band of Mission Indians, be consulted should a "Most
Likely Descendant" be required. A "most Likely Descendent" is determined if human
remains are identified that are believed to be Native American, and that process is set
forth pursuant to provisions of State law. If human remains are discovered during the
construction process, the Orange County Coroner's office would be notified immediately
(California Health and Safety Code §7050.5) and all activities in the immediate area of
the find would cease until appropriate and lawful measures have been implemented. If
the Coroner determines that the remains are Native American, the Coroner would
contact the NAHC (California Public Resources Code §5097.98). The NAHC would
designate a Most Likely Descendent who would make recommendations concerning the
disposition of the remains in consultation with the lead agency and project archaeologist.
It is suggested that the Gabrielino Tongva Tribe communicate directly with the Native
American Heritage Commission regarding the issues of determining "Most Likely
Descendents ", as it is not within the purview of the City to make such a determination.
A 10- 106528 2 -55 Response to Comments
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COMMENT NO. 12
CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of January 28, 2009
Chairperson Voce called the meeting of the Environmental Quality Control Board
(EQCB) to order at 6:30 p.m. on Wednesday, January 28, 2009. The meeting was held
in City Council Chambers and began with the Salute to the Flag.'
Roll Call
Present: Chairperson Voce, Members Barton, Cummings, Hurley, and Navarro
Also
Present: Department of Development Services
Lee Whittenberg, Director
Jerry Olivera, Senior Planner
Absent: None
Mr. Whittenberg welcomed Ms. Esther Cummings as the newest member of the Board.
II Approval of Agenda
MOTION by Hurley; SECOND by Barton to approve the Agenda as presented.
MOTION CARRIED: 5 — 0
AYES: Voce, Barton, Cummings, Hurley, and Navarro
NOES: None
ABSENT: None
III Oral Communications
None.
IV Consent Calendar
1. Receive and File — Staff Report Re: Draft CEQA Guideline Amendments and
Significance Thresholds For Greenhouse Gas Emissions
2. Receive and File — Staff Report Re: Various Reports
These Minutes were transcribed from an audiotape of the meeting.
1 of 6
1 3. Receive and File — Staff Report Re: Newspaper Article - Seal Beach Naval
2 Weapons Station
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4 4. Receive and File - Staff Report Re: Design Recommendations for the WCI
5 Regional Cap - and -Trade Program
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7 5. Receive and File - Staff Report Re: Notice of Preparation and Initial Study Re:
8 "Intermodel Container Transfer Facility Modernization and Expansion Project'
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10 MOTION by Navarro; SECOND by Barton to approve the Consent Calendar as
11 presented.
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13 MOTION CARRIED: 5 — 0
14 AYES: Voce, Barton, Cummings, Hurley, and Navarro
15 NOES: None
16 ABSENT: None
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18 V Scheduled Matters
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20 6. APPROVAL OF MINUTES — October 29, 2008.
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22 Recommendation: Approve Minutes subject to any corrections determined
23 appropriate.
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25 Member Hurley noted typographical errors on Page 3, Line 34 to read 0.. determined
26 that there will be one traffic lane ...," and on Page 6, Line 4 to read ".. , scheduled
27 meeting day comes right before ..."
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29 Member Cummings noted that she would abstain from voting, as she was not present at
30 the meeting of October 29, 2008.
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32 MOTION by Hurley; SECOND by Navarro to approve the Meeting Minutes of October
33 29, 2008 as amended.
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35 MOTION CARRIED: 4-0-1
36 AYES: Voce, Barton, Hurley, and Navarro
37 NOES: None
38 ABSENT: None
39 ABSTAIN: Cummings
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41 7. Review of Document and Provision of Comments - Draft Mitigated Negative
42 Declaration 09 -1 - City Wide Sewer Capital Improvement Project: CIP No.
43 SS0901
44
45 Recommendation: Receive presentation from Staff regarding the proposed
46 project and the environmental review process. Receive comments from the
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 28, 2009
public and provide any Board comments regarding proposed Mitigated
Negative Declaration 09 -1 (MND 09 -1). Receive and File Staff Report.
Staff Report
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He explained that the purpose tonight is to receive any
comments on the document and added that there will be another opportunity to provide
comments a week from tonight at the Planning Commission meeting of February 4t' and
the public comment period will end on February 18, 2009. He then noted that two
representatives from RBF Consulting, one of several city- retained environmental
consultants, are present tonight to respond to questions. He stated that this document
provides a review of comprehensive sewer replacement and upgrade projects
throughout the City of Seal Beach for which the City now has sufficient funding. He
indicated that the projects identified in the report are to be conducted over a 10 -year
period; however, for evaluation purposes, the environmental analysis assumes
everything will occur within 1 year. He noted that over the last few months, Staff has
presented a number of documents to the EQCB and City Council regarding pending
CEQA changes related to greenhouse gas emission reductions and how these are to be
evaluated in environmental documents. He added that this is the first environmental
document prepared by the City that includes this type of analysis. Mr. Whittenberg
continued by stating that the overall conclusion of the document is that there are no
significant impacts identified after mitigation measures have been proposed, so the City
could approve the projects under a Mitigated Negative Declaration (MND) with the
mitigation measures as proposed.
Board Comments /Questions
Member Navarro asked if approved by City Council (CC), when the project would
commence. Mr. Whittenberg stated that he was not certain of the Public Works
Department (PWD) schedule, but the earliest time would probably be in early 2010,
beginning with the first project identified. Member Navarro asked if the projects are to
be completed in the order presented. Mr. Whittenberg stated that this is the intent, but
this could change based upon funding priorities and whether grants are awarded to the
City for these projects. He indicated that the primary goal at this time is to get
environmental clearance for all of the projects, and as funding becomes available, work
would begin.
Member Hurley asked if the sequence for the projects was created in order of priority or
convenience of building. Mr. Whittenberg stated that they have been ordered by
priority.
Member Barton asked if there were any idea of how long each project would take to
complete. Mr. Whittenberg stated that the timeline established by the PWD is based
upon the estimated completion time for each project. He added that the actual
construction period for some of the projects would probably be 4 -5 months, while other
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 28, 2009
projects requiring trenching and replacement of sewer lines would take longer. Member
Barton asked if the existing sewer lines have been checked to determine which would
take priority. Mr. Whittenberg explained that the PWD is able to run a camera through
the sewer lines to film the existing conditions and this allows them to prioritize the
projects. Member Barton asked if the City has funding for all of the projects. Mr.
Whittenberg stated that some of the funding is available, while other monies are in
designated reserves, which would require CC determination as to how quickly they
would want to begin spending these reserves. Member Barton asked for the definition
of a "lift station." Mr. Whittenberg explained that a lift station is used on sewer lines that
do not flow by gravity, and material must be pumped up to a lift station where it can flow
into a gravity line. Member Barton asked if most of the lines are gravity lines. Mr.
Whittenberg stated that the majority of them are; however, some of the lines coming out
of Old Town and up Seal Beach Boulevard do require a pump station. Member Barton
asked what powers the pump station. Mr. Whittenberg stated that they are electric
pumps and have diesel generators as back up.
Mr. Whittenberg reiterated that the purpose tonight is to receive comments on the
environmental analysis and mitigation measures as presented in the document.
Member Navarro stated that she had not noticed a specification for a street sweeper
during the construction. Mr. Whittenberg noted that under the City's storm water
management program, which is very stringent, street sweeping is included as a
standard requirement. Member Navarro then stated that special status plant and
wildlife studies were not included in the MND. She noted that there are many
eucalyptus trees in College Park East and there are probably a lot of birds nesting in
these trees. Mr. Whittenberg explained that all of the work is to be done on the public
streets and right -of -ways, so this should not affect the plants or wildlife in this area.
12.1
12.2
12.3
Member Hurley stated that he has no comments on "the meat" of the MND; however, he
does have some suggestions that might make it more easily read. He then provided the
following recommendations:
Pg. 2 -9, Table 2 -1 Project No. 1 under "Location" should read: "Lampson 12.4
Avenue, east of Seal Beach Boulevard to Los Alamitos Sub-
trunk.,"
P9. 2-9, No Project Number 3 listed under "Project Number" column. I 12.5
Pg. 4.3 -13 3rd bullet for 'Tier 3," Sentence 4: No description of Title 24
is provided within the MND, making the discussion in this 12.6
paragraph meaningless to the ordinary reader.
Pg. 4.3 -14 1 sc paragraph, 2nd to last sentence. Mr. Hurley takes issue
with the line of reasoning, as he understood it in Tier 3. He 12.7
asked whether feasibility determines whether an impact is
significant or not. Use of the word `Thus" makes it sound as
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 28, 2009
though since this isn't feasible there is no significant impact. 1 12.8
He believes an impact is independent of feasibility.
Pg. 4.3 -15 "Localized Significance Thresholds," Line 5 should read: " • 12.9
. project - specific level of. . . "
Member Hurley stated that he found no description of how sewage is to be handled
while a line is being reconstructed. Also, there is only one small typo in Noise on Pg.
4.11 -1: the first column heading of the table should read "Would the project result in:"
Member Navarro referred to Table 2 -1 on Page 2 -9 and asked if this is proposed to be a
10 -year project, and does Table 2 -1 depict the scope of the locations for the project.
Mr. Whittenberg explained that the projects are listed by number and by year, so Project
Nos. 1 and 2 would be anticipated to be completed in CIP Program Year 1, and so on.
Member Navarro recommended that any work to be done on Lampson Avenue or Seal
Beach Boulevard be completed during the summer months, because when there is a
constriction along Lampson Avenue, this leads to traffic gridlock, particularly around
7:30 a.m.
Chairperson Voce referred to Appendix A, Air Quality Data, and noted the table labeled
"Construction Emissions," and shows the Duration (days) listed for each phase of the
project. He asked if for "Demolition," the totals under the Emission Factors are for the
projected 42 -day time period. Mr. Whittenberg stated that this was correct.
Chairperson Voce then referred to the following table titled "Operational Emissions" and
asked if the units listed represent the averages for everything. Mr. Whittenberg noted
that construction emissions are during construction periods when there are pieces of
equipment creating fumes. Operation emissions will only occur at pump or lift stations
when those pieces of mechanical equipment are operated.
1 12.10
1 12.11
12.12
12.13
12.14
Member Cummings stated that she would like to see a chart that provides the names for 1 12.15
the chemical acronyms.
Member Hurley asked if Staff is certain that the Old Town alleys measure more than 16
feet in width. Mr. Whittenberg explained that between the alleys and the required 12.16
setbacks for getting in and out of the garages, there would be 33 feet between
structures along the alleys.
VI Staff Concerns
Mr. Whittenberg noted that he believes there are no items pending for the February 25,
2009, EQCB meeting, but Staff will notify the Board should the meeting be canceled.
VII Board Concerns
Member Barton inquired about recognizing Diana Neal for her service on the Board.
Mr. Whittenberg stated that this will be scheduled for the next meeting.
5 of 6
City of Seal Beach Environmental Quality Control Board
Meeting Minutes of January 28, 2009
1 Chairperson Voce stated that there has been a significant amount of digging and earth
2 movement within Gum Grove Nature Park, even in the archaeologically sensitive zones,
3 and it appears to be "extreme bike trails" type of digging. He noted that he has
4 discussed this with the Recreation Commission, but in terms of the archaeological
5 impacts, he had to report this to Mr. Whittenberg. He then stated that he has also had
6 discussions with Jerry Olivera regarding fireplace emissions and how bad this is getting,
7 and said that he e- mailed related documents to Jerry and would like to have them
8 shared with the EQCB members on a future agenda. Mr. Whittenberg stated that Staff
9 does have the materials and will include this as a discussion item on the next agenda.
10 Chairperson Voce indicated that when he has his kitchen window open, the smoke from
11 his neighbor's fireplace set off the smoke alarm. He noted that almost every night in the
12 neighborhood on The Hill the smell of smoke is sometimes overwhelming, and these
13 fumes are taken in by heating systems in surrounding homes and are creating serious
14 health and pollution effects.
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-16 VIII Adjournment
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18 Chairperson Voce adjourned the meeting at 7:12 p.m. to the next scheduled meeting of
19 February 25, 2009.
20
21 Respectfully Submitted,
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26 Carmen Alvarez, Executive Secretary
27 Department of Development Services
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30 The Board on approved the Minutes of the Environmental
31 Quality Control Board of Wednesday, January 28, 2009.
6of6
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
• Response to Comments and
Mitigation Monitoring and Reporting Program
12. RESPONSE TO COMMENTS FROM THE CITY OF SEAL BEACH ENVIRONMENTAL
QUALITY CONTROL BOARD MEETING MINUTES, DATED JANUARY 28, 2009.
12 -1 Comments from the Environmental Quality Control Board (EQCB) were received. Mr.
Lee Whittenberg adequately responded to those comments /concerns expressed by the
EQCB during the January 28, 2009 hearing. These comments do not raise any new
environmental information or directly challenge information provided in the IS /MND. No
further response is necessary.
12 -2 Street sweeping activities during project implementation will be required during the
review and approval of the appropriate Storm Water Pollution Prevention Plan (SWPPP)
pursuant to Mitigation Measure HWQ -1.
12 -3 The comment is inquired on special status plant and wildlife studies. As stated on page
4.4 -2, the areas proposed for improvement are highly disturbed. The pipeline
improvement areas are located within existing roadways. Also, pump station
replacement/reconstruction improvements would occur at existing pump station facilities,
which are already in a disturbed state.
Ornamental trees and shrubs within the vicinity of the improvement areas may support
nesting birds. Mitigation Measure BIO -1 would require all construction activities that
would remove or trim vegetation would be consistent with the Migratory Bird Treaty Act
(MBTA). Should vegetation removal and /or thinning be required, the proposed
construction activities would be required to be conducted between August 1 and
February 14 (outside of the bird nesting season). Should vegetation removal and /or
thinning activities be required between February 15 through July 31, all suitable habitat
would be surveyed for the presence of nesting birds by a qualified biologist 72 hours
prior to clearing activities. With implementation of Mitigation Measure BIO -1, impacts to
potential nesting birds would be reduced to less than significant levels.
12-4 These edits will be made on Page 2 -9, Table 2 -1, of the Final IS /MND.
12 -5 Project No. 3 is not listed under the scope of this IS /MND, as this particular project is
already completed. This project was moved ahead for implementation due to its high
priority in relieving flooding concerns within the Old Town area of the City, particularly in
the general area of Electric Avenue and Seal Beach Boulevard.
12 -6 Title 24 refers to Title 24, Part 6, of the•Califomia Code of Regulations. These are the
Energy Efficiency Standards for residential and nonresidential buildings which were
established in 1978 in response to a legislative mandate to reduce California's energy
consumption. The third bullet for "Tier 3" explains that projects below the 3,000
MTCO2eq /year screening level for commercial and residential projects must also exceed
Title 24 energy efficiency standards.
12 -7 The project proposes City wide sewer improvements. The Title 24 requirements of
reducing water use per the tier three thresholds would not be applicable to the project
because Title 24 requirements are energy efficiency standards for residential and
nonresidential buildings. The project proposes infrastructure improvements and would
not include residential or nonresidential buildings.
JN -10- 106528 2-62 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
�v Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
12 -8 Refer to Response to Comment number 12 -7.
12 -9 These edits will be made on Page 4.3 -15 of the Final IS /MND.
12 -10 The contractor will first plug the mainline on the upstream end manhole. The contractor
will then install a submersible pump to collect all sewage. The pump will pump said
sewage to a pipe laying on the street and gravity flow to the next downstream manhole.
All fittings, pumps, appurtenances will be approved by the City.
12 -11 The text specified on page 4.11 -1 will be edited in the Final IS /MND.
12 -12 The comment requests clarification on the anticipated year of construction and the
specific locations of the CIPs. Mr. Whittenberg adequately responded to those
comments /concerns expressed by the EQCB during the January 28, 2009 hearing.
These comments do not raise any new environmental information or directly challenge
information provided in the IS /MND. No further response is necessary.
12 -13 Proposed construction activities (including the construction schedule) will be conducted
under the discretion of the City Department of Public Works. The proposed project
would only generate traffic trips during short-term construction activities. A minimal
number of construction trips would be necessary for project implementation. One school
(McGaugh Elementary School) is located along Bolsa Avenue (southwest of the
intersection of Bolsa Avenue and Seal Beach Boulevard). Roadways would be partially
blocked off during construction activities; however, they would remain accessible with
standard traffic control devices. Prior to obtaining an excavation permit, the City
Department of Public Works will consider potential conflicts between school hours of
operation and proposed hours of construction for particular CIP projects and impacts in
this regard are considered less than signficant.
12 -14 The comment requests clarification on Appendix A. Air Quality Data. Mr. Whittenberg
adequately responded to those comments /concems expressed by the EQCB during the
January 28, 2009 hearing. These comments do not raise any new environmental
information or directly challenge information provided in the IS /MND. No further
response is necessary.
12 -15 An acronyms list will be provided in the Final IS /MND.
12 -16 The comment requests clarification the widths of alleys within the project area. Mr.
Whittenberg adequately responded to those comments /concerns expressed by the
EQCB during the January 28, 2009 hearing. These comments do not raise any new
environmental information or directly challenge information provided in the IS /MND. No
further response is necessary.
JN 10- 106528 2 -63 Response to Comments
COMMENT NO. 13
City of Seal Beach Planning Commission
Meeting Minutes of February 4, 2009
1 MOTION by Larson; SECOND by Massa -Lavitt to approve the Consent Calendar as
2 presented.
3
4 MOTION CARRIED: 5 — 0
5 AYES: Deaton, Bello, Eagar, Larson, and Massa - Lavitt
6 NOES: None
7 ABSENT: None
8
9 Mr. Flower advised that the adoption of Resolution No. 09 -4 begins a 10-day calendar
10 appeal period to the City Council. The Commission action tonight .is final and the
11 appeal period begins tomorrow morning.
SCHEDULED MATTERS
1. Review of Documents and Provision of Comments — Draft Mitigated Negative
Declaration 09 -1, Citywide Sewer Capital Improvement Project, CIP No. SS0901.
Staff Report
20 Mr. Whittenberg stated that this document is currently in the public review period, which
21 will end on February 18, 2009, and Staff will receive comments from the PC and the
22 public until that date. He noted that Staff will prepare a Response to - Comments
23 document for comments received and will provide a copy to all interested parties prior to
24 City Council (CC) making a determination on whether to approve this document. He
25 noted that consultants who prepared this document are present tonight and described
26 this project as a 10 -year capital improvement program to upgrade sewer systems
27 throughout the city. He indicated that the majority of work will entail upgrading existing
28 sewer lines that are deficient for the current capacity of sewage, as well as upgrades to
29 existing sewer pump stations.
30
31 Comments
32
33 Seth Eaker referred to Page 5, Project No. 37, and requested clarification on the actual
34 location of this project. Mr. Whittenberg stated that the location is within the River's End
35 Cafe parking lot. Mr. Eaker asked if completion of Project 37 would be contingent upon
36 development taking place on the DWP Property. Mr. Whittenberg stated that this is his
37 understanding, but he would verify this with the Public Works Department (PWD) and
38 include this in the response to comments document.
39
40 Commissioner Massa -Lavitt commented that the method to be used in replacing some
41 pipe is very interesting in concept and is -a good way to complete a "really dirty project'
42 with the least amount of disruption. She commended PWD for their planning.
43 Chairperson Deaton commended Staff for meeting with the community to present this
44 information.
45
13.1
City of Seal Beach Planning Commission
Meeting Minutes of February 4, 2009
1 Commissioner Larson confirmed that Leisure World (LW) has its own sewer system and
2 would not be affected by the work to be done. Mr. Whittenberg confirmed that this was 13.1
3 correct.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial StudylMitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
13. RESPONSE TO COMMENTS FROM THE CITY OF SEAL BEACH PLANNING
COMMISSION MEETING MINUTES, DATED JANUARY 28, 2009.
13 -1 Comments from the City of Seal Beach Planning Commission (PC) were received.
Three comments pertaining to clarification of CIP No. 37, proposed construction
methods, and the specific project area were made. Mr. Lee Whittenberg adequately
responded to those comments /concerns during the February 4, 2009 hearing. It has
been verified with the City Engineer that CIP No. 37 is contingent upon development
taking place on the Department of Water and Power (DWP) Property. No further
response is necessary.
JN 10- 106528 2 -66 Response to Comments
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study/Mitigated Negative Declaration 09 -1
~ Response to Comments and
Mitigation Monitoring and Reporting Program
3.0 MITIGATION MONITORING AND REPORTING
CHECKLIST
CEQA requires that when a public agency completes an environmental document which
includes measures to mitigate or avoid significant environmental effects, the public agency must
adopt a reporting or monitoring program. This requirement ensures that environmental impacts
found to be significant will be mitigated. The reporting or monitoring program must be designed
to ensure compliance during project implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Section 3.0,
Mitigation Monitoring and Reporting Checklist, has been prepared for the City Wide Sewer
Capital Improvement Project CIP No. SS0901 project. This Mitigation Monitoring and Reporting
Checklist is intended to provide verification that all applicable Conditions of Approval relative to
significant environmental impacts are monitored and reported. Monitoring will include: 1)
verification that each mitigation measure has been implemented; 2) recordation of the actions
taken to implement each mitigation; and 3) retention of records in the City Wide Sewer Capital
Improvement Project CIP No. SS0901 project file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the
project, but also allows the City flexibility and discretion in determining how best to monitor
implementation. Monitoring procedures will vary according to the type of mitigation measure.
Adequate monitoring consists of demonstrating that monitoring procedures took place and that
mitigation measures were implemented. This includes the review of all monitoring reports,
enforcement actions, and document disposition, unless otherwise noted in the attached
Mitigation Monitoring and Reporting Program table. If an adopted mitigation measure is not
being properly implemented, the designated monitoring personnel shall require corrective
actions to ensure adequate implementation.
Reporting consists of establishing a record that a mitigation measure is being implemented, and
generally involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of
compliance.
• Departments /agencies with reporting responsibilities will review the Initial Study, which
provides general background information on the reasons for including specified
mitigation measures.
• Problems or exceptions to compliance will be addressed to the City as appropriate.
• Periodic meetings may be held during project implementation to report on compliance
of mitigation measures.
• Responsible parties provide the City with verification that monitoring has been
conducted and ensure, as applicable, that mitigation measures have been
implemented. Monitoring compliance may be documented through existing review and
approval programs such as field inspection reports and plan review.
JN.10- 106528 3 -1 Mitigation Monitoring and Reporting Checidist
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
-K" Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
The City prepares a reporting form periodically during the construction phase and an
annual report summarizing all project mitigation monitoring efforts.
Appropriate mitigation measures will be included in construction documents and /or
conditions of permits /approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be made
in accordance with CEQA and would be permitted after further review and approval by the City.
Such changes could include reassignment of monitoring and reporting responsibilities, program
redesign to make any appropriate improvements, and /or modification, substitution, or deletion of
mitigation measures subject to conditions described in CEQA Guidelines Section 15162. No
change will be permitted unless the Mitigation Monitoring and Reporting Program continues to
satisfy the requirements of Public Resources Code Section 21081.6.
JN 10- 106528 3 -2 Mitigation Monitoring and Reporting Checklist
t
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
AES -1
Per the discretion of the Director of Development
Review and
Prior to Project
City Director of
Services, in areas where surrounding uses would
Approval of Project
Grading Plan
Development
be sensitive to the long -term impacts from
Plans and
and
Services
trenching activities, the project shall implement the
Specifications
Specifications
pipe bursting construction method to limit the areas
Approval
of trenching required, when feasible. If trenching is
required in these sensitive areas, the project shall
pave the entire area within the vicinity of disturbed
roadway in order to minimize varying discoloration
impacts from disturbed asphalt.
AES-2
All construction - related lighting shall be located and
Review and
Prior to Project
City Development
oriented away from adjacent residential areas and
Approval of Project
Plan and
Services Department;
consist of the minimal wattage necessary to
Plans and
Specifications
City Public Works
provide safety at the construction site. A
Specifications
Approval; During
Director or his
Construction Safety Lighting Plan shall be
Construction
Designee;
submitted to the City Engineer for review
Construction
concurrent with the Excavation Permit application.
I
Contractor
AIR QUALITY
AQ -1
During clearing, grading, earth moving, or
Review and
Prior to Project
City Public Works
excavation operations, excessive fugitive dust
Approval of Project
Grading Plan
Director or his
emissions must be controlled by regular water or
Plans and
and
Designee;
other dust preventive measures using the following
Specifications; City
Specification
Construction
procedures, as specified in the SCAQMD Rule 403.
Public Works
Approval; During
Contractor
Department Field
Construction I
• Limit on -site vehicle speed to 15 miles
Inspections
Grading Activity
per hour.
• Water material excavated or graded
sufficiently to prevent excessive amounts
of dust. Water at least twice daily with
complete coverage, referably in the late
JN 10- 106528 3 -3 Mitigation Monitoring and Reporting Checklist
F�
t�
morning and after work is done
day.
■ Water or securely cover material
transported on -site or off -site sufficiently
to prevent generating excessive amounts
of dust.
■ Minimize area disturbed by clearing,
grading, earth moving, or excavation
operations so as to prevent generating
excessive amounts of dust.
■ Indicate these control techniques in
project specifications. Compliance with
the measure will be subject to periodic
site inspections by the City.
■ Prevent visible dust from the project from
emanating beyond the property line, to
the maximum extent feasible.
■ Apply nontoxic chemical soil stabilizers
according to manufacturers'
specifications to all inactive construction
areas (previously graded areas inactive
for ten days or more).
■ Trucks transporting soil, sand, cut or fill
materials, and/or construction debris to or
from the site must be tarped from the
point of origin.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3-4 Mitigation Monitoring and Reporting Checklist
r-
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
AQ -2
The project's excavation application(s) must show
Review and
Prior to Project
City Public Works
the duration of construction. Ozone precursor
Approval of Project
Plan and
Department;
emissions from construction equipment vehicles
Plans and
Specifications
Construction
must be controlled by maintaining equipment
Specifications; City
Approval; Prior
Contractor
engines in good condition and in proper tune per
Public Works
to Construction I
manufacturer's specifications, to the satisfaction of
Department Field
Grading Activity;
the City Engineer. Compliance with this measure
Inspections
During
must be subject to periodic inspections of
Construction
construction equipment vehicles by the City and
included in construction bid documents.
AQ -3
All trucks that are to haul material must comply with
Review and
Prior to
City Public Works
California Vehicle Code Section 23114, with
Approval of Project
Construction I
Department;
special attention to Sections 23114(b)(F), (e)(2)
Plans and
Grading Activity;
Construction
and (e)(4) as amended, regarding the prevention of
Specifications; City
During
Contractor
such material spilling onto public streets and roads.
Public Works
Construction
This provision must be provided in construction bid
Department Field
documents.
Inspections
AQ-4
Construction hours, allowable work days, and
Review and
Prior to
City Public Works
phone numbers of the job superintendent must be
Approval of Project
Construction I
Department;
clearly posted at all construction entrances to allow
Plans and
Demolition
Construction
for surrounding property owners and residents to
Specifications; City
Activity; During
Contractor
contact the job superintendent. If the job
Public Works
Construction
superintendent receives a complaint, appropriate
Department Field
corrective actions must be implemented
Inspections
immediately and a report taken to the reporting
JN 10- 106528 3 -5 Mitigation Monitoring and Reporting Checklist
AQ -5 I Backup generators shall be used only for
emergency operations. All backup generators shall
be selected in consultation with the SCAQMD from
their list of certified internal combustion engines.
RESOURC
To avoid nesting birds, one of the
following must be implemented
under the direction of the Director of
Development Services:
■ All vegetation removal and/or
thinning activities shall be
scheduled from August 1 to
February 14, if feasible to
ensure that no active nests
would be disturbed; or
■ Conduct pre- construction
surveys for nesting birds if
construction is to take place during
the nesting season (February 15
through July 31). A qualified wildlife
biologist shall conduct a pre -
construction raptor survey no more
than 30 days prior to initiation of
grading to provide confirmation on
presence or absence of active
nests in the vicinity (at least 300
feet around the Droiect site). If
Review and
Approval of Project
Plans and
Specifications;
Selection of
Generator from
SCAQMD List
Pre - Construction
Survey for Nesting
Birds if Vegetation
Removal Occurs
Between February
15 and July 31;
Prior to Project
Plan and
Specifications
Approval; During
Construction
Prior to
Construction /
Grading Activity
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
ly Public Works
Department;
Construction
Contractor
City Development
Services Director,
Qualified Biologist
JN 10- 106528 3 -6 Mitigation Monitoring and Reporting Checklist
X41 �4 `y
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -7 Mitigation Monitoring and Reporting Checklist
active nests are encountered,
species - specific measures shall be
prepared by a qualified biologist in
consultation with the California
Department of Fish and Game
(CDFG) and implemented to
prevent abandonment of the active
nest. At a minimum, grading in the
vicinity of the nest shall be deferred
until the young birds have fledged.
A minimum exclusion buffer of 25
feet is required by CDFG for
songbird nests, and 200 to 500 feet
for raptor nests, depending on the
species and location. The perimeter
of the nest - setback zone shall be
fenced or adequately demarcated
with staked flagging at 20 -foot
intervals, and construction
personnel restricted from the area.
A survey report by the qualified
wildlife biologist verifying that the
young have fledged shall be
submitted to the City prior to
initiation of grading in the nest -
setback zone.
BIO -2
To avoid the potential for impacts to marine life, the
Review and
Prior to Project
City Development
proposed improvements located in the Coastal
Approval of Project
Plan and
Services Director,
Zone shall remain outside of the beach areas and
Plans and
Specifications
Qualified Biologist
Pacific Ocean. Should the project require
Specifications,
Approval; Prior
improvements in these areas (i.e., construction
Possible Approval
to Construction I
activities), the proposed improvements shall be
by the California
Grading Activity
JN 10- 106528 3 -7 Mitigation Monitoring and Reporting Checklist
approved by the California Coastal Commission,
Army Corps of Engineers, Regional Water Quality
Control Board, and the California Department of
Fish and Game, as applicable.
Coastal
Commission, Army
Corps of
Engineers,
Regional Water
Quality Control
Board, and the
California
Department of Fish
and Game, as
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -8 Mitigation Monitoring and Reporting Checklist
s
1
CULTURAL RESOURCES
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
CUL -1
An archaeologist and a Native American Monitor
Construction
During
City Development
appointed by the City of Seal Beach shall be
Activities
Construction
Services Department;
present during earth removal or disturbance
Construction
activities related to rough grading' and other
Contractor; Qualified
excavation for foundations and utilities. If any earth
Archaeologist and
removal or disturbance activities result in the
Native American
discovery of cultural resources, the Project
Monitor
proponent's contractors shall cease all earth
(if necessary)
removal or disturbance activities in the vicinity and
immediately notify the City selected archaeologist
and/or Native American Monitor, who shall
immediately notify the Director of Development
Services. The City selected archaeologist shall
evaluate all potential cultural findings in
accordance with standard practice, the
requirements of the City of Seal Beach
Archaeological and Historical Element, and other
applicable regulations. Consultation with the
Native American Monitor, the Native American
Heritage Commission, and data/artifact recovery, if
deemed appropriate, shall be conducted.
CUL -2
If evidence of subsurface paleontological resources
Construction
During
City Development
is found during construction, excavation and other
Activities
Construction
Services Department;
construction activity in that area shall cease and
Construction
the contractor shall contact the City Development
Contractor, Certified
Services Department. With direction from the City
Paleontologist
Development Services Department, an Orange
(if necessary)
County Certified Paleontologist shall prepare and
complete a standard Paleontological Resource
human bone be
JN 10- 106628 3 -9 Mitigation Monitoring and Reporting Checklist
any earth removal or disturbance activities, all
activity shall cease immediately and the City
selected archaeologist and Native American
monitor shall be immediately contacted, who shall
then immediately notify the Director of
Development Services. The Director of
Development Services shall contact the Coroner
pursuant to Sections 5097.98 and 5097.99 of the
Public Resources Code relative to Native American
remains. Should the Coroner determine the human
remains to be Native American, the Native
American Heritage Commission shall be contacted
pursuant to Public Resources Code Section
5097.98.
CUL4 If more than one Native American
burial is encountered during any
earth removal or disturbance
activities, a "Mitigation Plan" shall be
prepared and subject to approval by
the City of Seal Beach Development
Services Department. The Mitigation
Plan shall include the following
procedures:
Continued Native American
Monitoring
■ All ground disturbance in any
portions of the project area with
the potential to contain human
remains or other cultural
material shall be monitored by
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
Construction Services Department;
Construction
Contractor, Qualified
Archaeologist and
Native American
Monitor
(if necessary)
Construction During City Development
Activities Construction Services Department,
Construction
Contractor, Qualified
Archaeologist and
Native American
Monitor
(if necessary)
JN 10- 106526 3 -10 Mitigation Monitoring and Reporting Checklist
a Native American
representative of the Most
Likely Descendant (MLD).
Activities to be monitored shall
include all construction grading,
controlled grading, and hand
excavation of previously
undisturbed deposit, with the
exception of contexts that are
clearly within undisturbed soil
profiles.
Exposure and removal of each
burial shall be monitored by a
Native American. Where
burials are clustered and
immediately adjacent, one
monitor is sufficient for
excavation of two adjoining
burials.
■ Excavation of test units shall be
monitored. Simultaneous
excavation of two test units if
less than 20 feet apart may be
monitored by a single Native
American.
■ If screening of soil associated
with burials or test units is done
concurrently with and adjacent
to the burial or test unit, the
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -11 Mitigation Monitoring and Reporting Checklist
Native American responsible
for that burial or test unit will
also monitor the screening. If
the screening is done at
another location, a separate
monitor shall be required.
All mechanical excavation
conducted in deposits that may
contain human remains (i.e., all
areas not completely within
undisturbed soil profiles) shall
be monitored by a Native
American.
Notification Procedures for New
Discoveries
When possible burials are
identified during monitoring of
mechanical excavation, or
excavation of test units, the
excavation shall be temporarily
halted while the find is
assessed in consultation with
the lead field archaeologist. If
the find is made during
mechanical excavation, the
archaeologist or Native
American monitoring the
activity shall have the authority
to direct the eauioment
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -12
Mitigation Monitoring and Reporting Checklist
operator to stop while the find
is assessed. If it is determined
that the find does not constitute
a burial, the mechanical
excavation shall continue.
If the find is determined to be a
human burial, the lead
archaeologist shall immediately
notify the Site Supervisor for
the developer, as well as the
Principal Investigator. The
Principal Investigator shall
immediately notify the MLD and
the Director of Development
Services for the City of Seal
Beach.
Identification of Additional Burials
For all discovered human
burials, attempts shall continue
to be made to locate additional
burials nearby through hand
excavation techniques. This
shall be done through the
excavation of 1 x 1 meter
exploratory test units (ETUs)
placed along transacts
extending radially from each
identified burial or burial
cluster. The spacing of the
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106628 3 -13 Mitigation Monitoring and Reporting Checklist
ETUs shall be determined upon
consultation with the Project
Archaeologist and the MLD.
The radial transects shall be
designed to test areas within
50 feet (15 meters) from the
edge of each burial or burial
cluster. Excavation of these
units shall be limited to areas
containing intact cultural
deposit (i.e., areas that have
not been graded to the
underlying undisturbed soil
profiles) and shall be
excavated until the undisturbed
soil profiles are encountered, or
to the excavation depth
required for the approved
grading plan. The soil from the
ETUs along the radial transects
shall be screened only if
human remains are found in
that unit.
Controlled grading shall be
conducted within these 50 -foot
heightened investigation areas
with a wheeled motor grader.
The motor grader shall use an
angled blade that excavates 1
to 2 inches at a pass, pushing
the soil to the side to form a
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -14
Mitigation Monitoring and Reporting Checklist
FM
r,
low windrow. Monitors shall
follow about 20 feet behind the
motor grader, examining the
ground for evidence of burials.
When a burial is identified
during controlled grading, the
soil in windrows that may
contain fragments of bone from
that burial shall be screened.
At a minimum this shall include
the soil in the windrow within
50 feet of the burial in the
direction of the grading.
■ If additional burials are found
during controlled grading,
additional ETUs will be hand
excavated in the radial patterns
described above.
Burial Removal and Storage
Consultation with the MLD shall
occur regarding the treatment
of discovered human burials. If
the MLD determines it is
appropriate to have discovered
human remains pedestaled for
removal, that activity shall be
conducted in a method agreed
to by the MILD.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
A 10- 106528 3 -15 Mitigation Monitoring and Reporting Checklist
4 W:'
After pedestaling or other
agreed upon burial removal
program is completed, the top
of a burial shall be covered with
paper towels to act as a
cushion, and then a heavy ply
plastic will be placed over the
top to retain surface moisture.
Duct tape shall be wrapped
around the entire pedestal,
securing the plastic bag and
supporting the pedestal.
Labels shall be placed on the
plastic indicating the burial
number and the direction of
true north in relation to the
individual burial. Sections of
rebar shall be hammered
across the bottom of the
pedestal and parallel to the
ground. When a number of
parallel rebar sections have
been placed this way, they
shall be lifted simultaneously,
cracking the pedestal loose
from the ground. The pedestal
shall then be pushed onto a
thick plywood board and lifted
onto a pallet. A forklift shall
cant' the pallet to a secure
storage area or secure storage
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -16 Mitigation Monitoring and Reporting Checklist
Ft
containers located on the
subject property.
If another agreed upon burial
removal program is utilized,
that method shall be carried out
in a manner agreed upon after
consultation with the MLD and
concurrence by the Director of
Development Services.
Study of Burial Remains
If the burials are removed in
pedestal and are incompletely
exposed, osteological studies
are necessarily limited to
determination (if possible) of
age, sex, position, orientation,
and trauma or pathology. After
consultation, and only upon
written agreement by the MLD,
additional studies that are
destructive to the remains may
be undertaken, including
radiocarbon dating of bone or
DNA studies. If the MLD
determines that only non-
destructive additional studies
may be allowed, one shell may
be removed from each burial
and submitted for radiocarbon
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -17 Mitigation Monitoring and Reporting Checklist
dating. The assumption here is
that the shell would have been
part of the fill for the burial pit,
and therefore would provide a
maximum age for the burial.
The MLD may indicate a
willingness to consider some
additional exposure and study
of the skeletal material
removed from the sites. Such
study would not involve
removal of the remains from
the project area, but rather
would be undertaken near the
storage area. To the extent
allowed by the MLD, the bones
would be further exposed
within the existing pedestals or
other medium containing the
human remains and additional
measurements taken.
Consultation with the MLD
regarding the feasibility of
these additional studies prior to
reburial would occur.
Repatriation of Burials and
Associated Artifacts
■ Once all portions of the project
area have been graded to the
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -18 Mitigation Monitoring and Reporting Checklist
t
underlying culturally sterile
marine terrace deposits, or to
the excavation depth required
for the approved grading plan,
the repatriation process shall
be initiated for all recovered
human remains and associated
artifacts. Once a reburial site
has been identified and
prepared, the remains and
associated artifacts shall be
transported from the secure
storage area to the site for
reburial. Appropriate ceremony
will be undertaken during this
process at the discretion of the
MLD.
Additional Studies
Considerable additional data relating
to regional research issues may be
uncovered if substantial numbers of
human burials and other
archaeological features are
encountered during the construction
monitoring for the development. If
this occurs, additional analysis shall
be conducted. The analysis shall be
designed to more completely
address the research issues
discussed in the approved
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 094
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -19 Mitigation Monitoring and Reporting Checklist
"Research Design," and to provide
additional mitigation of impacts to
the sites in light of the new finds.
The following studies would be
potentially applicable:
Radiocarbon Dating. In
considering the implications of
the burials in interpreting site
use and regional settlement, it
is critical to assess the time
range represented by the
intemients. Do they
correspond to the full temporal
range of site use, or only a
limited timeframe? Although
direct dating of the bones may
not be possible due to the
destructive nature of the
radiocarbon technique, the
MLD may approve the removal
of a single shell from the
interior of each burial for
dating. Although this shall not
provide a direct date of the
burial, assuming the shell was
part of the burial fill it should
provide a maximum age (that
is, the burial should not be
older than the shell). In
addition, an equivalent number
of additional samples from non-
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -20 Mitigation Monitoring and Reporting Checklist
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -21 Mitigation Monitoring and Reporting Checklist
analysis shall be included in
the final report documenting
the testing, data recovery, and
construction monitoring phases
of this investigation.
Comparative Studies. The
substantial assemblage of
artifacts recovered during the
monitoring on the Hellman
Ranch/John Laing Homes
properties provides a basis for
comparison with other sites
and shall contribute to an
understanding of regional
patterns. This analysis shall be
included in the final report (see
below).
Animal Interments. Animal
interments may be discovered
within the project area.
Because these are not human
remains, somewhat more
intensive study is possible.
Because these features are
uncommon and represent very
culture - specific religious
practices, they are useful in
reconstructing cultural areas
during certain times in
prehistory. Analysis of animal
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106628 3.22
Mitigation Monitoring and Reporting Checklist
n
interments will include: (1)
exposure to determine burial
position; (2) photo
documentation; (3) examination
of skeleton for agetsex;
traumatic injury, pathology,
butchering, or other cultural
modification; (4) radiocarbon
dating; and (5) examination of
grave dirt for evidence of grave
goods or stomach contents.
Curation
Cultural materials recovered from
the cultural resources monitoring
and mitigation program for the
development shall be curated either
at an appropriate facility in Orange
County, or, in consultation with the
City, at the San Diego
Archaeological Center.
Preparation of Final Report
The final technical report shall be
prepared and submitted to the City
within 12 months of the completion
of the archeological field work. The
report shall conform to the
guidelines developed by the
California Office of Historic
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
JN 10- 106528 3 -23 Mitigation Monitoring and Reporting Checklist
Preservation for Archaeological
Resource Management Reports
(ARMR). It will be prepared in
sufficient quantity to distribute to
interested regional researchers and
Native American groups. It shall
thoroughly document and
synthesize all of the findings from all
phases of the cultural resources
program. Funding shall be provided
by the landowner.
City of Seal Beach
City Wide Sewer Capital improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
GEOLOGY AND SOILS
GEO -1 Prior to grading operations, a soils report shall be Preparation and Prior to Grading City Public Works
prepared for the proposed development to identify Approval of Soils Activity Department; City
the potential for liquefaction, expansive soils, Report Development
ground settlement, and slope failure. The report Services Department
shall also:
Specify loose alluvium that
shall be excavated and
removed from the site, as it is
considered unsuitable for reuse
as structural fill.
■ Specify remedial measures that
could be feasibly implemented
to minimize potential impact.
Analyze the potential for
groundwater within the study
area and recommend
JN 10- 106528 3 -24 Mitigation Monitoring and Reporting Checklist
w1��1
associated conditions.
Determine the need for
dewatering of areas during
construction to remove all
water within the excavation
perimeter and recommend
appropriate method of
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial StudylMltlgated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
HAZARDS AND
HAZARDOUS MATERIALS
HAZ -1
Each improvement project shall comply with the
Asbestos Survey
Prior to
City Public Works
South Coast Air Quality Management District Rule
Demolition /
Department;
1403, Asbestos Emissions From
Construction
Qualified
Demolition /Renovation Activities, which specifies
Activity
Environmental
work practice requirements to limit asbestos
Professional; City
emissions from building demolition and renovation
Development
activities, including the removal and associated
Services Department
disturbance of asbestos containing materials. The
requirements for demolition and renovation
activities include asbestos surveying, notification,
asbestos containing materials removal procedures
and time schedules, asbestos containing materials
handling and clean -up procedures, as well as
storage, disposal, and landfilling requirements for
asbestos - containing waste materials. All operators
are required to maintain records, including waste
shipment records, and are required to use
appropriate warning labels, si ns, and markings.
JN 10- 106528 3 -25 Mitigation Monitoring and Reporting Checklist
City of Seal Beach
City Wide Sever Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
HYDROLOGY AND WATER QUALITY
HWQ -1
The City shall comply with the Regional Water
Submittal of Notice
Prior to Site
City Public Works
of Construction
Services Department,
Plans and
Quality Control Boards requirements for
of Intent to the
Disturbance;
Department; City
Plan; Prior to
Department
shall be equipped with properly operating
Field Inspections
construction projects enforced by the Santa Ana
Santa Ana
Ongoing During
Development
During
Region. Construction activities subject to these
Regional Water
Construction
Services
permit(s) shall include dewatering activities and
Quality Control
Department; Santa
grading and disturbances to the ground such as
Board; Submittal of
Ana Regional Water
excavation, but not including regular maintenance
a Storm Water
Quality Control Board
activities performed to restore the original line,
Pollution
grade, or capacity of the facility. Prior to any site
Prevention Plan
disturbance, the City shall submit a Notice of Intent
(NOI) to the Santa Ana RWQCB. Should a
SWPPP be required, the City shall maintain the
SWPPP on site at all times and shall conform to
the SWPPP durino construction.
Prior to site mobilization, a construction management
Review and
Prior to Approval
City Development
plan shall be prepared which includes the following:
Approval of Project
of Construction
Services Department,
Plans and
Management
City Public Works
■ All construction equipment, fixed or mobile,
Specifications; City
Plan; Prior to
Department
shall be equipped with properly operating
Field Inspections
Grading Activity,
and maintained mufflers;
During
Construction
Construction noise reduction methods such
as shutting off idling equipment, installing
temporary acoustic barriers around
stationary construction noise sources,
maximizing the distance between
construction equipment staging areas and
occupied residential areas, and use of
electric air compressors and similar power
tools, rather than diesel equipment, shall be
used where feasible:
JN 10- 106528 3 -26 Mitigation Monitoring and Reporting Checklist
i� F
■ During construction, stationary construction
equipment shall be placed such that
emitted noise Is directed away from
sensitive noise receivers;
■ During construction, stockpiling and vehicle
staging areas shall be located as far as
practical from noise sensitive receptors;
■ Operate earthmoving equipment on the
construction site, as far away from vibration
sensitive sites as possible; and
■ A project sign shall be shall be clearly
posted at the primary construction
entrance, as an information resource for
surrounding property owners and residents.
The sign shall include the following
minimum project information: project
name, general contractor, normal
construction hours, normal workdays, and
local telephone number of the Job
Superintendent. If the City or the Job
Superintendent receives a complaint, the
Superintendent shall investigate, take
appropriate corrective action, and report the
action taken to the City.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Initial Study /Mitigated Negative Declaration 09 -1
Response to Comments and
Mitigation Monitoring and Reporting Program
A 10- 106628 3 -27 Mitigation Monitoring and Reporting Checklist
ATTACHMENT 5
MITIGATION MONITORING AND REPORTING
PROGRAM - INITIAL STUDY /MITIGATED
NEGATIVE DECLARATION 09 -1 - CITY WIDE
SEWER CAPITAL IMPROVEMENT PROJECT
CIP NO. SS0901, DATED MARCH 23, 2009
Page 19
Mitigation Monitoring and Reporting Program
for
Mitigated Negative Declaration 09 -1
City of Seal Beach
City Wide Sewer Improvement Project CIP No. SS0901
Prepared by:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Contact: Lee Whittenberg, Director of Development Services
(562) 431 -2527, extension 1313
March 23, 2009
r City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CITY WIDE SEWER IMPROVEMENT PROJECT CIP NO. SS0901
CEQA requires that when a public agency completes an environmental document which
includes measures to mitigate or avoid significant environmental effects, the public
agency must adopt a reporting or monitoring program. This requirement ensures that
environmental impacts found to be significant will be mitigated. The reporting or
monitoring program must be designed to ensure compliance during project
implementation (Public Resources Code Section 21081.6).
In compliance with Public Resources Code Section 21081.6, the attached Mitigation
Monitoring and Reporting Checklist, has been prepared for the City Wide Sewer Capital
Improvement Project CIP No. SS0901 project. This Mitigation Monitoring and Reporting
Checklist is intended to provide verification that all applicable Conditions of Approval
relative to significant environmental impacts are monitored and reported. Monitoring will
include: 1) verification that each mitigation measure has been implemented; 2)
recordation of the actions taken to implement each mitigation; and 3) retention of
records in the City Wide Sewer Capital Improvement Project CIP No. SS0901 project
file.
This Mitigation Monitoring and Reporting Program delineates responsibilities for
monitoring the project, but also allows the City flexibility and discretion in determining
how best to monitor implementation. Monitoring procedures will vary according to the
type of mitigation measure. Adequate monitoring consists of demonstrating that
monitoring procedures took place and that mitigation measures were implemented. This
includes the review of all monitoring reports, enforcement actions, and document
disposition, unless otherwise noted in the attached Mitigation Monitoring and Reporting
Program table. If an adopted mitigation measure is not being properly implemented, the
designated monitoring personnel shall require corrective actions to ensure adequate
implementation.
Reporting consists of establishing a record that a mitigation measure is being
implemented, and generally involves the following steps:
• The City distributes reporting forms to the appropriate entities for verification of
compliance.
• Departments /agencies with reporting responsibilities will review the Initial
Study, which provides general background information on the reasons for
including specified mitigation measures.
• Problems or exceptions to compliance will be addressed to the City as
appropriate.
• Periodic meetings may be held during project implementation to report on
compliance of mitigation measures.
• Responsible parties provide the City with verification that monitoring has been
y City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
s Mitigation Monitoring and Reporting Program
conducted and ensure, as applicable, that mitigation measures have been
implemented. Monitoring compliance may be documented through existing
review avid approval programs such as field inspection reports and plan review.
The City prepares a reporting form periodically during the construction phase
and an annual report summarizing all project mitigation monitoring efforts.
Appropriate mitigation measures will be included in construction documents
and /or conditions of permits /approvals.
Minor changes to the Mitigation Monitoring and Reporting Program, if required, would be
made in accordance with CEQA and would be permitted after further review and approval
by the City. Such changes could include reassignment of monitoring and reporting
responsibilities, program redesign to make any appropriate improvements, and /or
modification, substitution, or deletion of mitigation measures subject to conditions
described in CEQA Guidelines Section 15162. No change will be permitted unless the
Mitigation Monitoring and Reporting Program continues to satisfy the requirements of
Public Resources Code Section 21081.6.
2
•. to 'l� k.�,
AESTHETICS
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
AES-1 Per the discretion of the Director of Development Review and Prior to Project City Director of
Services, in areas where surrounding uses would Approval of Project Grading Plan Development Services
be sensitive to the long -term impacts from Plans and and
trenching activities, the project shall implement Specifications Specifications
the pipe bursting construction method to limit the Approval
areas of trenching required, when feasible. If
trenching is required in these sensitive areas, the
project shall pave the entire area within the
Vicinity of disturbed roadway in order to minimize
varying discoloration impacts from disturbed
asphalt.
AES-2
All construction- related lighting shall be located
Review and
Prior to Project
City Development
and oriented away from adjacent residential
Approval of Project
Plan and
Services Department,
areas and consist of the minimal wattage
Plans and
Specifications
City Public Works
necessary to provide safety at the construction
Specifications
Approval; During
Director or his
site. A Construction Safety Lighting Plan shall be
Construction
Designee;
submitted to the City Engineer for review
Construction
concurrent with the Excavation Permit
Contractor
application.
C]
S�yf �y
* Ri
AIR QUALITY
AQ-1
During clearing, grading, earth moving, or
Review and
excavation operations, excessive fugitive dust
Approval of Project
emissions must be controlled by regular water
Plans and
or other dust preventive measures using the
Specifications; City
following procedures, as specified in the
Public Works
SCAQMD Rule 403.
Department Field
• Limit on -site vehicle speed to 15 miles per
Inspections
hour.
• Water material excavated or graded
sufficiently to prevent excessive amounts of
dust. Water at least twice daily with
complete coverage, preferably in the late
morning and after work is done for the day.
• Water or securely cover material
transported on -site or off -site sufficiently to
prevent generating excessive amounts of
dust.
• Minimize area disturbed by clearing,
grading, earth moving, or excavation
operations so as to prevent generating
excessive amounts of dust.
• Indicate these control techniques in project
specifications. Compliance with the measure
will be subject to periodic site inspections by
the City.
Prior to Project
Grading Plan
and Specification
Approval; During
Construction I
Grading Activity
4
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Public Works
Director or his
Designee;
Construction
Contractor
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
ff 1
AIR QUALITY
AQ -1 ■ Prevent visible dust from the project
(Cont'd) emanating beyond the property line, to the
maximum extent feasible.
• Apply nontoxic chemical soil stabilizers
according to manufacturers' specifications to
all inactive construction areas (previously
graded areas inactive for ten days or more).
• Trucks transporting soil, sand, cut or fill
materials, and/or construction debris to or
from the site must be tarped from the point of
origin..
AQ -2
The project's excavation application(s) must
Review and
Prior to Project
City Public Works
show the duration of construction. Ozone
Approval of Project
Plan and
Department;
precursor emissions from construction equipment
Plans and
Specifications
Construction
vehicles must be controlled by maintaining
Specifications; City
Approval; Prior to
Contractor
equipment engines in good condition and in
Public Works
Construction /
proper tune per manufacturer's specifications, to
Department Field
Grading Activity,
the satisfaction of the City Engineer. Compliance
Inspections
During
with this measure must be subject to periodic
Construction
inspections of construction equipment vehicles by
the City and included in construction bid
documents.
5
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
AQ -3
All trucks that are to haul material must comply
Review and
Prior to
City Public Works
with California Vehicle Code Section 23114, with
Approval of Project
Construction /
Department;
Approval of Project
special attention to Sections 23114(b)(F), (e)(2)
Plans and
Grading Activity,
Construction
and (e)(4) as amended, regarding the prevention
Specifications; City
During
Contractor
Construction
of such material spilling onto public streets and
Public Works
Construction
allow for surrounding property owners and
roads. This provision must be provided in
Department Field
Contractor
construction bid documents.
Inspections
residents to contact the job superintendent. If the
Public Works
AQ-4
Construction hours, allowable work days, and
Review and
Prior to
City Public Works
phone numbers of the job superintendent must
Approval of Project
Construction /
Department,
be clearly posted at all construction entrances to
Plans and
Demolition
Construction
allow for surrounding property owners and
Specifications; City
Activity; During
Contractor
residents to contact the job superintendent. If the
Public Works
Construction
job superintendent receives a complaint,
Department Field
appropriate corrective actions must be
Inspections
implemented immediately and a report taken to
the reporting party.
AQ -5
Backup generators shall be used only for
Review and
Prior to Project
City Public Works
emergency operations. All backup generators
Approval of Project
Plan and
Department;
shall be selected in consultation with the
Plans and
Specifications
Construction
SCAQMD from their list of certified internal
Specifications;
Approval; During
Contractor
combustion engines.
Selection of
Construction
Generator from
SCAQMD List
0
e� L�Kf
BIOLOGICAL RESOURCES
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
BIO-1
To avoid nesting birds, one of the following must
Pre - Construction
Prior to
City Development
be implemented under the direction of the
Survey for Nesting
Construction I
Services Director;
Director of Development Services:
Birds if Vegetation
Grading Activity
Qualified Biologist
• All vegetation removal and/or thinning
Removal Occurs
activities shall be scheduled from
Between February
August 1 to February 14, if feasible to
15 and July 31;
ensure that no active nests would be
disturbed; or
• Conduct pre - construction surveys for
nesting birds if construction is to take place
during the nesting season (February 15
through July 31). A qualified wildlife biologist
shall conduct a pre - construction raptor
survey no more than 30 days prior to
initiation of grading to provide confirmation
on presence or absence of active nests in
the vicinity (at least 300 feet around the
project site). If active nests are
encountered, species- specific measures
shall be prepared by a qualified biologist in
consultation with the California Department
of Fish and Game (CDFG) and
implemented to prevent abandonment of the
active nest. At a minimum, grading in the
vicinity of the nest shall be deferred until the
young binds have fledged. A minimum
7
exclusion buffer of 25 feet is required by
CDFG for songbird nests, and 200 to 500
feet for raptor nests, depending on the
species and location. The perimeter of the
nest - setback zone shall be fenced or
adequately demarcated with staked flagging
at 20 -foot intervals, and. construction
personnel restricted from the area. A
survey report by the qualified wildlife
biologist verifying that the young have
fledged shall be submitted to the City prior
to initiation of grading in the nest - setback
zone.
BIO-2
To avoid the potential for impacts to marine life,
Review and
Prior to Project
the proposed improvements located in the
Approval of Project
Plan and
Coastal Zone shall remain outside of the beach
Plans and
Specifications
areas and Pacific Ocean. Should the project
Specifications;
Approval; Prior to
require improvements in these areas (i.e.,
Possible Approval
Construction /
construction activities), the proposed
by the California
Grading Activity
improvements shall be approved by the
Coastal
California Coastal Commission, Army Corps of
Commission, Army
Engineers, Regional Water Quality Control
Corps of Engineers,
Board, and the California Department of Fish and
Regional Water
Game, as applicable.
Quality Control
Board, and the
California
Department of Fish
and Game, as
L-1
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Director;
Qualified Biologist
CULTURAL RESOURCES
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 094
Mitigation Monitoring and Reporting Program
CUL -1
An archaeologist and a Native American Monitor
Construction
During
City Development
appointed by the City of Seal Beach shall be
Activities
Construction
Services Department;
present during earth removal or disturbance
Construction
activities related to rough grading and other
Contractor; Qualified
excavation for foundations and utilities. If any
Archaeologist and
earth removal or disturbance activities result in
Native American
the discovery of cultural resources, the Project
Monitor
proponent's contractors shall cease all earth
(if necessary)
removal or disturbance activities in the vicinity
and immediately notify. the City selected
archaeologist and /or Native American Monitor,
who shall immediately notify the Director of
Development Services. The City selected
archaeologist shall evaluate all potential cultural
findings in accordance with standard practice, the
requirements of the City of Seal Beach
Archaeological and Historical Element, and other
applicable regulations. Consultation with the
Native American Monitor, the Native American
Heritage Commission, and data/artifact recovery,
if deemed appropriate, shall be conducted.
E
1 f Sk K
CUL -2 If evidence of subsurface paleontological
resources is found during construction,
excavation and other construction activity in that
area shall cease and the contractor shall contact
the City Development Services Department.
With direction from the City Development
Services Department, an Orange County
Certified Paleontologist shall prepare and
complete a standard Paleontological Resource
Construction
Activities
During
Construction
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department,
Construction
Contractor, Certified
Paleontologist
(if necessary)
CUL -3
Should any human bone be encountered during
Construction
During
City Development
any earth removal or disturbance activities, all
Activities
Construction
Services Department,
activity shall cease immediately and the City
Construction
selected archaeologist and Naive American
Contractor, Qualified
monitor shall be immediately contacted, who
Archaeologist and
shall then immediately notify the Director of
Native American
Development Services. The Director of
Monitor
Development Services shall contact the Coroner
(if necessary)
pursuant to Sections 5097.98 and 5097.99 of the
Public Resources Code relative to Naive
American remains. Should the Coroner
determine the human remains to be Naive
American, the Naive American Heritage
Commission shall be contacted pursuant to
Public Resources Code Section 5097.98.
10
CUL -4 If more than one Native American burial is
encountered during any earth removal or
disturbance activities, a "Mitigation Plan" shall be
prepared and subject to approval by the City of
Seal Beach Development Services Department.
The Mitigation Plan shall include the following
procedures:
Continued Native American Monitoring:
• All ground disturbance in any portions of the
project area with the potential to contain
human remains or other cultural material
shall be monitored by a Native American
representative of the Most Likely
Descendant (MLD). Activities to be
monitored shall include all construction
grading, controlled grading, and hand
excavation of previously undisturbed
deposit, with the exception of contexts that
are clearly within undisturbed soil profiles.
• Exposure and removal of each burial shall
be monitored by a Native American. Where
burials are clustered and immediately
adjacent, one monitor is sufficient for
excavation of two adjoining burials.
Construction I During
Activities Construction
11
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department;
Construction
Contractor; Qualified
Archaeologist and
Native American
Monitor
(if necessary)
CUL-4 Continued Native American Monitoring:
(Cont'd) Excavation of test units shall be monitored.
Simultaneous excavation of two test units if
less than 20 feet apart may be monitored by
a single Native American.
• If screening of soil associated with burials or
test units is done concurrently with and
adjacent to the burial or test unit, the Native
American responsible. for that burial or test
unit will also monitor the screening. If the
screening is done at another location, a
separate monitor shall be required.
• All mechanical excavation conducted in
deposits that may contain human remains
(i.e., all areas not completely within
undisturbed soil profiles) shall be monitored
by a Native American.
Construction I During
Activities Construction
12
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department;
Construction
Contractor, Qualified
Archaeologist and
Native American
Monitor
(if necessary)
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Not cation Procedures for New Discoveries:
Construction
During
City Development
(Cont'd)
When possible burials are identified during
Activities
Construction
Services Department,
monitoring of mechanical excavation, or
Construction
excavation of test units, the excavation shall
Contractor, Qualified
be temporarily halted while the find is
Archaeologist and
assessed in consultation with the lead field
Native American
archaeologist. If the find is made during
Monitor
mechanical excavation, the archaeologist or
(if necessary)
Native American monitoring the activity shall
have the authority to'-direct the equipment
operator to stop while the find is assessed.
If it is determined that the find does not
constitute a burial, the mechanical
excavation shall continue.
■ If the find is determined to be a human
burial, the lead archaeologist shall
immediately notify the Site Supervisor for
the developer, as well as the Principal
Investigator. The Principal Investigator shall
immediately notify the MLD and the Director
of Development Services for the City of Seal
Beach.
13
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL -4
Identification ofAdditional Burials:
Construction
During
City Development
(Cont'd)
For all discovered human burials, attempts
Activities
Construction
Services Department;
shall continue to be made to locate
Construction
additional burials nearby through hand
Contractor; Qualified
excavation techniques. This shall be done
Archaeologist and
through the excavation of 1 x 1 meter
Native American
exploratory test units (ETUs) placed along
Monitor
transects extending radially from each
(if necessary)
identified burial or burial duster. The
spacing of the ETUs shall be determined
upon consultation with the Project
Archaeologist and the MLD. The radial
transects shall be designed to test areas
within 50 feet (15 meters) from the edge of
each burial or burial cluster. Excavation of
these units shall be limited to areas
containing intact cultural deposit (i.e., areas
that have not been graded to the underlying
undisturbed soil profiles) and shall be
excavated until the undisturbed soil-profiles
are encountered, or to the excavation depth
required for the approved grading plan. The
soil from the ETUs along the radial transects
shall be screened only if human remains are
found in that unit.
14
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Identification of Additional Burials
Construction
During
City Development
(Cont'd)
(Continued):
Activities
Construction
Services Department,
• Controlled grading shall be conducted within
Construction
these 50 -foot heightened investigation
Contractor, Qualified
areas with a wheeled motor grader. The
Archaeologist and
motor grader shall use an angled blade that
Native American
excavates 1 to 2 inches at a pass, pushing
Monitor
the soil to the side to form a low windrow.
(if necessary)
Monitors shall follow about 20 feet behind
the motor grader, examining the ground for
evidence of burial's.
• When a burial is identified during controlled
grading, the soil in windrows that may
contain fragments of bone from that burial
shall be screened. At a minimum this shall
include the soil in the windrow within 50 feet
of the burial in the direction of the grading.
• If additional burials are found during
controlled grading, additional ETUs will be
hand excavated in the radial patterns
described above.
15
ti
CUL-4 Burial Removal and Storage:
(Confd) Consultation with the MLD shall occur
regarding the treatment of discovered
human burials. If the MLD determines it is
appropriate to have discovered human
remains pedestaled for removal, that activity
shall be conducted in a method agreed to
by the MLD.
Construction I During
Activities Construction
16
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department;
Construction
Contractor; Qualified
Archaeologist and
Native American
Monitor
(if necessary)
H h
+� 4
�iOa ;`
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL4
Burial Removal and Storage (Continued):
Construction
During
City Development
(Cont'd)
After pedestaling or other agreed upon burial
Activities
Construction
Services Department;
removal program is completed, the top of a
Construction
burial shall be covered with paper towels to
Contractor, Qualified
act as a cushion, and then a heavy ply plastic
Archaeologist and
will be placed over the top to retain surface
Native American
moisture. Duct tape shall be wrapped around
Monitor
the entire pedestal, securing the plastic bag
(if necessary)
and supporting the pedestal. Labels shall be
placed on the plastic '-indicating the burial
number and the direction of true north in
relation to the individual burial. Sections of
rebar shall be hammered across the bottom of
the pedestal and parallel to the ground. When
a number of parallel rebar sections have been
placed this way, they shall be lifted
simultaneously, cracking the pedestal loose
from the ground. The pedestal shall then be
pushed onto a thick plywood board and lifted
onto a pallet. A forklift shall carry the pallet to
a secure storage area or secure storage
containers located on the subject property.
17
<'V, Iwi
CUL-4 Burial Removal and Storage (Continued):
(Coned) If another agreed upon burial removal
program is utilized, that method shall be
carried out in a manner agreed upon after
consultation with the MLD and concurrence by
the Director of Development Services.
Construction I During
Activities Construction
18
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department;
Construction
Contractor, Qualified
Archaeologist and
Native American
Monitor
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Study of Burial Remains:
Construction
During
City Development
(Confd)
If the burials are removed in pedestal and
Activities
Construction
Services Department;
are incompletely exposed, osteological
Construction
studies are necessarily limited to
Contractor, Qualified
determination (if possible) of age, sex,
Archaeologist and
position, orientation, and trauma or
Native American
pathology. After consultation, and only
Monitor
upon written agreement by the MLD,
(if necessary)
additional studies that are destructive to the
remains may be undertaken, including
radiocarbon dating of bone or DNA studies.
If the MLD determines that only non-
destructive additional studies may be
allowed, one shell may be removed from
each burial and submitted for radiocarbon
dating. The assumption here is that the
shell would have been part of the fill for the
burial pit, and therefore would provide a
maximum age for the burial.
19
J l•
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Study of Burial Remains (Continued):
Construction
During
City Development
(Cont'd)
The MLD may indicate a willingness to
Activities
Construction
Services Department,
consider some additional exposure and
Construction
study of the skeletal material removed from
Contractor, Qualified
the sites. Such study would not involve
Archaeologist and
removal of the remains from the project
Native American
area, but rather would be undertaken near
Monitor
the storage area. To the extent allowed by
(if necessary)
the MLD, the bones * would be further
exposed within the existing pedestals or
other medium containing the human
remains and additional measurements
taken. Consultation with the MLD regarding
the feasibility of these additional studies
prior to reburial would occur.
20
j([kj
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Repatriation of Burials and Associated
Construction
During
City Development
(Cont'd)
Artifacts:
Activities
Construction
Services Department;
■ Once all portions of the project area have
Construction
been graded to the underlying culturally
Contractor; Qualified
sterile marine terrace deposits, or to the
Archaeologist and
excavation depth required for the approved
Native American
grading plan, the repatriation process shall
Monitor
be initiated for all recovered human remains
(if necessary)
and associated artifacts. Once a reburial
site has been identified and prepared, the
remains and associated artifacts shall be
transported from the secure storage area to
the site for reburial. Appropriate ceremony
will be undertaken during this process at the
discretion of the MLD.
21
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL4
Additional Studies:
Construction
During
City Development
(Confd)
Considerable additional data relating to regional
Activities
Construction
Services Department;
research issues may be uncovered if substantial
Construction
numbers of human burials and other
Contractor; Qualified
archaeological features are encountered during
Archaeologist and
the construction monitoring for the development.
Native American
If this occurs, additional analysis shall be
Monitor
conducted. The analysis shall be designed to
(if necessary)
more completely address the research issues
discussed in the approved "Research Design,"
and to provide additional mitigation of impacts to
the sites in light of the new finds. The following
studies would be potentially applicable:
22
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL -4
Additional Studies (Continued):
Construction
During
City Development
(Cont'd)
Radiocarbon Dating. In considering the
Activities
Construction
Services Department;
implications of the burials in interpreting site
Construction
use and regional settlement, it is critical to
Contractor; Qualified
assess the time range represented by the
Archaeologist and
interments. Do they correspond to the full
Native American
temporal range of site use, or only a limited
Monitor
timeframe7 Although direct dating of the
(if necessary)
bones may not be possible due to the
destructive nature of the radiocarbon
technique, the MLD may approve the
removal of a single shell from the interior of
each burial for dating. Although this shall
not provide a direct date of the burial,
assuming the shell was part of the burial fill
it should provide a maximum age (that is,
the burial should not be older than the
shell). In addition, an equivalent number of
additional samples from non -burial contexts
would also be taken for comparative
purposes. These data would provide a
more secure measure of the intensity of
occupation during different periods.
23
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL-4
Additional Studies (Continued):
Construction
During
City Development
(Coned)
Sediment Cores. Dating results obtained to
Activities
Construction
Services Department;
date on the Hellman Ranch/John Laing
Construction
Homes properties may suggest a possible
Contractor, Qualified
link between the use of the sites within the
Archaeologist and
project area and the productivity of the
Native American
adjacent lagoon and estuary systems. To
Monitor
assess this link using independent
(if necessary)
environmental data on the subject property,
two sediment cores" will be taken from
suitable locations of the property.
Sediments in the cores shall be examined
and described in the field by a geologist,
and samples collected for dating and pollen
analysis. These data shall then be used to
help reconstruct the habitats present on the
property during the periods the sites were
occupied. This analysis shall be included in
the final report documenting the testing,
data recovery, and construction monitoring
phases of this investigation.
24
'Y M
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
CUL -4
Additional Studies (Continued):
Construction
During
City Development
(Confd)
Comparative Studies. The substantial
Activities
Construction
Services Department;
assemblage of artifacts recovered during
Construction
the monitoring on the Hellman Ranch/John
Contractor; Qualified
Laing Homes properties provides a basis for
Archaeologist and
comparison with other sites and shall
Native American
contribute to an understanding of regional
Monitor
patterns. This analysis shall be included in
(if necessary)
the final report (see below).
■ Animal Interments. Animal interments may
be discovered within the project area.
Because these are not human remains,
somewhat more intensive study is possible.
Because these features are uncommon and
represent very culture- specific religious
practices, they are useful in reconstructing
cultural areas during certain times in
prehistory. Analysis of animal interments
will include: (1) exposure to determine burial
position; (2) photo documentation; (3)
examination of skeleton for age/sex;
traumatic injury, pathology, butchering, or
other cultural modification; (4) radiocarbon
dating; and (5) examination of grave dirt for
evidence of grave goods or stomach
contents..
25
'L4L
CUL -4 I Curation:
(Cont'd) Cultural materials recovered from the cultural
resources monitoring and mitigation program for
the development shall be curated either at an
appropriate 'facility in Orange County, or, in
consultation with the City, at the San Diego
Archaeological Center.
Construction
Activities
During
Construction
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
City Development
Services Department;
Construction
Contractor, Qualified
Archaeologist and
Native American
Monitor
CUL -4
Preparation of Final Report.
Construction
During
City Development
(Cont'd)
The final technical report shall be prepared and
Activities
Construction
Services Department,
submitted to the City within 12 months of the
Construction
completion of the archeological field work. The
Contractor, Qualified
report shall conform to the guidelines developed
Archaeologist and
by the California Office of Historic Preservation
Native American
for Archaeological Resource Management
Monitor
Reports (ARMR). It will be prepared in sufficient
(if necessary)
quantity to distribute to interested regional
researchers and Native American groups. It shall
thoroughly document and synthesize all of the
findings from all phases of the cultural resources
program. Funding shall be provided by the
landowner.
26
i�
GEOLOGY AND SOILS
GEO-1 Prior to grading operations, a soils report shall
be prepared for the proposed development to
identify the potential for liquefaction, expansive
soils, ground settlement, and slope failure. The
report shall also:
■ Specify loose alluvium that shall be
excavated and removed from the site, as it
is considered unsuitable for reuse as
structural fill.
• Specify remedial measures that could be
feasibly implemented to minimize potential
impact.
• Analyze the potential for groundwater
within the study area and recommend
measures to remediate associated
conditions.
• Determine the need for dewatering of
areas during construction to remove all
water within the excavation perimeter and
recommend appropriate method of
dewatering.
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
Preparation Prior to City Public Works
and Approval of Grading Department, City
Soils Report Activity Development
Services
Department
27
j�
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
HAZARDS AND HAZARDOUS MATERIALS
HAZ -1
Each improvement project shall comply with
Asbestos
Prior to
City Public Works
the South Coast Air Quality Management
Survey
Demolition /
Department;
District Rule 1403, Asbestos Emissions From
Construction
Qualified
Demolition /Renovation Activities, which
Activity
Environmental
specifies work practice requirements to limit
Professional; City
asbestos emissions from building demolition
Development
and renovation activities, including the removal
Services
and associated disturbance of asbestos
Department
containing materials. The requirements for
demolition and renovation activities include
asbestos surveying, notification, asbestos
containing materials removal procedures and
time schedules, asbestos containing materials
handling and clean -up procedures, as well as
storage, disposal, and landfilling requirements
for asbestos - containing waste materials. All
operators are required to maintain records,
including waste shipment records, and are
required to use appropriate warning labels,
signs, and markings.
28
i)
HYDROLOGY AND WATER QUALITY
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
HWQ-1
The City shall comply with the Regional Water
Submittal of
Prior to Site
City Public Works
Quality Control Boards requirements for
Notice of Intent
Disturbance;
Department; City
construction projects enforced by the Santa Ana
to the Santa
Ongoing
Development
Region. Construction activities subject to these
Ana Regional
During
Services
permit(s) shall include dewatering activities and
Water Quality
Construction
Department;
grading and disturbances to the ground such as
Control Board;
Santa Ana
excavation, but not including regular
Submittal of a
Regional Water
maintenance activities performed to restore the
Storm Water
Quality Control
original line, grade, or capacity of the facility.
Pollution
Board
Prior to any site disturbance, the City shall submit
Prevention Plan
a Notice of Intent (NO1) to the Santa Ana
RWQCB. Should a SWPPP be required, the City
shall maintain the SWPPP on site at all times and
shall conform to the SWPPP during construction.
29
rTCf ' 1
NOISE
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program
NOI -1
Prior to site mobilization, a construction
Review and
Prior to
City Development
management plan shall be prepared which
Approval of
Approval of
Services
includes the following:
Project Plans
Construction
Department; City
• All construction equipment, fixed or
and
Management
Public Works
mobile, shall be equipped with properly
Specifications;
Plan; Prior to
Department
operating and maintained mufflers;
City Field
Grading
• Construction noise reduction methods
Inspections
Activity;
such as shutting off idling equipment,
During
installing temporary * acoustic barriers
Construction
around stationary construction noise
sources, maximizing the distance between
construction equipment staging areas and
occupied residential areas, and use of
electric air compressors and similar power
tools, rather than diesel equipment, shall
be used where feasible;
• During construction, stationary
construction equipment shall be placed
such that emitted noise is directed away
from sensitive noise receivers;
• During construction, stockpiling and
vehicle staging areas shall be located as
far as practical from noise sensitive
receptors;
• Operate earthmoving equipment on the
construction site, as far awav from
30
w
vibration sensitive sites as possible; and
A project sign shall be shall be clearly
posted at the primary construction
entrance, as an information resource for
surrounding property owners and
residents. The sign shall include the
following minimum project information:
project name, general contractor, normal
construction hours, normal workdays, and
local telephone number of the Job
Superintendent. If the City or the Job
Superintendent receives a complaint, the
Superintendent shall investigate, take
appropriate corrective action, and report
the action taken to the City.
31
City of Seal Beach
City Wide Sewer Capital Improvement Project CIP No. SS0901
Mitigated Negative Declaration 09 -1
Mitigation Monitoring and Reporting Program