1 Recording Requested By:
City of Fontana
Mail To:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
ATTN: Engineering Division
Record without fee subject to Gov’t
Code 6103 and 27383
Project: Etiwanda Creek
Channel System No.: 1.700
Parcel No.: 135
Dept. Code: 11600
EASEMENT DEED D.P. No.: 1.700 /
APN: 0228-091-42 (portion)
Date: October 4, 2022
The undersigned grantor(s) declare(s):
DOCUMENTARY TRANSFER TAX $
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: Fontana
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT , a body corporate and politic, hereinafter referred to as “ Grantor ”, does hereby grant to CITY OF FONTANA, a municipal corporation , hereinafter referred to as “ Grantee ”, a non-exclusive easement (hereinafter “easement” or “grant”) for street, highway, road and/or bridge purposes, including, without limitation, appurtenances such as culverts, slopes, embankments, curbs and sidewalks located on a certain porti on (“ Easement Property ”) of Grantor’s real property (“ Fee Property ”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A” , Legal Description attached hereto and made a part hereof, and shown on Exhibit “B” , Plat, attached hereto and made a part hereof.
This easement is granted subject to all permits, agreements , licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claim s of title which may affect said Easement Property . The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property .
Mail Tax Statement As Directed Above
CITY INDEX NO. 6219
2 This easement is also subject to the following terms, conditions and restrictions:
1. This easement is subject to the Grantor’s superior right to use the Easement Property, and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Property for Grantor’s use.
2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property, as determined by Grantor in its sole discretion.
3. The Easement Property may be used solely for the uses listed above. Specific prohibition against exposing contaminated soils of the disposal site are set forth within the “ Waste Management Plan” (hereinafter “Plan”) i ncorporated herein and attached as Exhibit “C” hereto. Each and every requirement, limitation, and duty or obligation contained in said Plan is and shall be a mandatory requirement, limitation, and duty or obligation as though set forth here in full. Grantee shall not park vehicles within the Easement Propert y nor permit any portion of the Easement Property to be blocked off or obstructed in any manner. Grantor shall at all times have free and clear access over and across the Easement Property . In the event of a conflict between the Terms, Conditions, and Res trictions enumerated herein and the Waste Management Plan, the provisions of the Plan shall prevail.
4. Grantee shall at all times and at its sole cost and expense, maintain the Easement Property and all improvements constructed (or caused to be con struc ted) thereon, as permitted by this easement. The Grantee shall keep the Easement Property in good condition and repair and free of weeds and trash. Grantee shall promptly and diligently execute all duties such as mandatory monitoring and reporting activi ties, and maintenance and repair obligations. Grantee shall be responsible for any damage caused by the use of the Easement Property by Grantee and any permitted improvements thereon, and Grantee shall promptly repair all such damage to Grantor’s and any r esponsible regulatory agencies’ complete satisfaction at Grantee’s sole cost and expense.
5. Prior to commencing the construction or replacement of Grantee’s street, highway, road and/or bridge, and appurtenances pursuant to this grant, Grantee shall submit all plans for the excavation, construction, installation, removal, and replacement of such improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved by Grantor in Grantor’s s ole discretion. The existence of Grantee’ s street, highway, road and/or bridge and attendant easement does not give Grantee any rights to do further work of any type within the Easement Property without first obtaining additional permit(s) from Grantor pursuant to the above-stated requirements and conditions.
6. Grantee shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the CITY INDEX NO. 6219
3 Easement Property , and Grantee shall comply with all applicable laws and regulations concerning the construction of the street, highway, road and/or bridge and its use of Easement Property.
7. Any street, highway, road, bridge or culvert constructed by or on behalf of Grantee on the Easement Property shall be designed to not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Property by Grantor.
Grantee’s construction of its street, h ighway, road and/or bridge shall be in accordance with the plan approved by Grantor in accordance with paragraph 5 and must further meet all applicable construction standards and applicable laws,
8. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion).
9. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and it’s street, highway, road and/or bridge improvement project constructed (or caused to be constructed) by Grantee and/or its agents in good condition and repair, and f ree of trash, debris weeds and unauthorized uses. Grantee shall perform all necessary maintenance associated with the entire improvement project, such as bridge structure, box culverts and appurtenant structures including but not limited to wingwalls, cur b and gutter, sidewalks and appurtenances thereto constructed within the Easement Property in conjunction with the street, highway, road and/or bridge project, and shall remove graffiti, and any unauthorized uses or encroachments within or on any part of t he box culvert structure and its appurtenances, as well as performing all necessary weed abatement work within the Easement Property.
10. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance).
11. Any costs incurred by Grantor for Grantor’s use of the Easement Property , including (but not limited to) any costs incurred by Grantor for the construc tion, reconstruction, maintenance, and use of any Grantor flood control improvements, if any, now existing or later installed on the Easement Property or the Fee Property attributable to the presence of Grantee’s street, highway, road and/or bridge shall be borne by Grantee, at Grantee’s sole cost. In the event that Grantor requires that Grantee’s street, highway, road and/or bridge located on the Easement Property be relocated, modified, or protected due to Grantor’s existing or future use of the Easement Property or the Fee Property , Grantee shall promptly relocate, modify, or protect Grantee’s street, highway, road and/or bridge as directed by Grantor and Grantee shall bear, at its sole expense, all such relocation, modification and protection costs. Grantee shall pothole its facilities and provide such information to Grantor upon Grantor’s request, or Grantor shall perform such potholing at Grantee’s expense. Notwithstanding anything to the contrary in this paragraph, prior to relocation, modification or protection of Grantee’s street, highway, road and/or bridge except in cases of emergency as determined by Grantor in its sole discretion CITY INDEX NO. 6219
4 when no prior notice i s required, Grantor shall provide Grantee with written notice and 2 years to complete any required relocation, modification or protection within the Easement Property.
12. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburse Grantor for any assessment therefore levied upon it upon Grantor demand.
13. Grantee agrees to indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless the Grantor, the County of San Bernardino, and their authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees . The Grantee’s indemnification obligation applies to Indemnitees’ “Active” as well as “passive” negligence but does not apply to the Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
14. Grantee agrees to comply with the following insurance requirements (for the purpose of this paragraph, Grantor shall be deemed to include the County of San Bernardino):
A. Additional Insured - All policies, except for the Workers' Compensation policy, shall contain endorsements naming the Grantor and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of this easement. The additional insured endorsements shall not limit the scope of coverage for the Grantor to vicarious liability but shall a llow coverage for the Grantor to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
B. Waiver of Subrogation Rights - Grantee shall require th e carriers of required coverages to waive all rights of subrogation against the Grantor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and Grantee's employees or agents from waiving the right of subrogation prior to a loss or claim.
Grantee hereby waives all rights of subrogation against the Grantor.
C. Policies Primary and Non -Contributory - All policies required herein are to be primary and noncontributory with any insurance or self -insurance programs carried or administered by the Grantor.
D. Severability of Interests - Grantee agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there w ill be no cross-liability exclusions that preclude coverage for suits between Grantee and the Grantor or between the Grantor and any other insured or additional insured under CITY INDEX NO. 6219
5 the policy.
E. Proof of Coverage - Grantee shall furnish Certificates of Insurance to Grantor evidencing the insurance coverage, including endorsements, as required, prior to Grantee’s execution of this easement document, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantor, and Grantee shall maintain such insurance throughout the term of the easement. Within fifteen (15) days of the Grantee’s acceptance of this easement, Grantee shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
F. Acceptability of Insurance Carrier - Unless otherwise approved by the San Bernardino County Department of Ri sk Management (hereinafter “Risk Management”), insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII".
G. Deductibles and Self -Insured Retention - Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
H. Failure to Procure Coverage - In the event that any policy of insurance required under this easement does not comply with the requirements, is not procured, or is canceled and not replaced, the Grantor has the right but not the obligation or duty to obtain insurance if it deems necessary and any premiums paid by the Grantor will be promptly reimbursed by Grantee.
I. Insurance Review - Insurance requirements are subject to periodic review by the Grantor. Grantor’s Director of Risk Management or designee is authorized, but not required, to increase, reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or needed, or not needed, to protect the interests of the Grantor .
In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provide d that any such change is reasonable in light of past claims against the Grantor , inflation, or any other item reasonably related to the Grantor's risk. Any failure, actual or alleged, on the part of the Grantor to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the Grantor.
J. Grantee agrees to provide insurance set forth in accordance with the requirements herein. If Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Grantee agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of this easement.
CITY INDEX NO. 6219
6 K. Without in any way affecting the indemnity herein provided and in addition thereto, Grantee shall secure and maintain throughout the duration of the easement the following types of insurance with limits as shown:
(1) Workers' Compensation/Em ployers Liability - A program of Workers' Compensation insurance or a state -approved, self -insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of Grantee and all risks to such persons under this easement.
If Grantee has no employees, it may certify or warrant to the Grantor that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the Grantor's Director of Risk Management.
With respect to Grantees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
(2) Commercial/General Liability Insurance - Grantee shall carry General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards.
(e) Personal injury
(f) Contractual liability.
(g) $2,000,000 general aggregate limit.
(3) Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If Grantee is transporting one or more non- employee passengers in Grantee’s use of the Easement Property, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Grantee owns no autos, a non- owned auto endorsement to the General Liability policy described above is acceptable. (4) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may CITY INDEX NO. 6219
7 be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
(5) Environmental Liability Insurance with a combined single limit of not less than five million ($5,000,000) per claim or occurrence. The required additional insured endorsement shall protect Grantor without any restrictions.
If insurance coverage is provided on a "claims made" policy, the "r etroactive date" shall be shown and must be before the date the easement was signed by Grantor. The claims made insurance shall be maintained or "tail" coverage provided throughout the duration of the easement and for a minimum of five (5) years after termination of this easement.
(6) Subcontractor Insurance Requirements . Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, re placement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and p rovisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured. Grantee agrees to monitor and review all such coverage an d assumes all responsibility ensuring that such coverage is provided as required herein.
15. In the event of Grantee’s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days from the date of the Grantor’s notice to cure the default. If Grantee, within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee, or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assigns agree to pay Grantor on demand all expenses incurred byGrantor in curing such default of Grantee. In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.
16. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall CITY INDEX NO. 6219
8 benefit all successors and assigns of Grantor and Grantee respectively.
17. This easement shall be governed by the laws of the State of California.
18. This grant may only be amended by a writing executed by both Grantor and Grantee and recorded in the Official Records of the County of San Bernardino.
19. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party.
This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 14.
20. If a court of co mpetent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated.
IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway, road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.
GRANTOR:
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:
Name:
Title: Chairman, Board of Supervisors
Date:
ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for street, highway, road and/or bridge purposes by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the CITY OF FONTANA, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.
GRANTEE:
By:
Name:
Title:
Date:
CITY INDEX NO. 6219
Matthew C. Ballantyne
City Manager
City Index No.__________
APN: 0228-091-42
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of California }
County of San Bernardino }
On before me, , Notary Public,
DATE NAME, TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evide nce to be the person(s) whose name(s) is/are subscr ibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac ity(ies), and that by his/her/their signature(s) on the instrument the pe rson(s), or the entity upon behalf of which the per son(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the Grant Deed or Easement Deed dated from the San Bernardino County Flood Control District , a body corporate and politic, to the City of Fontana, Cali fornia, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority confe rred by Resolution No. 91-152 of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.
Gia Lam Kim, P.E.
City Engineer
City of Fontana
A notary public or other officer completing this ce rtificate verifies only the identity of the individ ual who signed the document to which this certificate is attached, and not the truthfulne ss, accuracy, or validity of the document. 6219
9 Exhibit “A”
L
egal Description of Easement Property
CITY INDEX NO. 6219
City Index No.__________
APN: 0228-091-42
EXHIBIT “A”
APN: 0228-091-42
LEGAL DESCRIPTION:
THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUAR TER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTA NA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING WITHIN THAT PAR CEL OF LAND, DESCRIBED AS PARCEL 1 IN DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, R ECORDED JUNE 30, 1941, IN BOOK 1482, PAGE 444, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED TO SC VICTORIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PER DOCUMENT NO. 2019-0262364 OF OFFICIAL RECORDS, RECORDED AUGUST 01, 2019, RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING ALSO BEING ON THE SOUTH LINE VICTORIA STREET PER GRANT TO THE STATE OF CALIFORNI A, RECORDED JUNE 14, 1990, AS INSTRUMENT NO. 90- 234201 OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTH LINE BEING 33.00 FEET SOUTH OF, AND PARALLEL WITH, THE CENTERLINE OF SAID VICTORIA STREET;
THENCE SOUTH 22°14’49” WEST ALONG THE WESTERLY LINE OF SAID GRANT TO SC VICTORIA, LLC, 20.56 FEET;
THENCE NORTH 89°59’00” WEST PARALLEL WITH AFORESAID SOUTH LINE OF VICTORIA STREET, 156.45 FEET;
THENCE NORTH 00°01’00” EAST, 19.00 FEET TO SAID SOUTH LINE OF VICTORIA STREET;
THENCE SOUTH 89°59’00” EAST ALONG SAID SOUTH LINE, 155.47 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,333.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, 8.76 FEET THROUGH A CENTRAL ANGLE OF 00°22’36” TO THE POINT OF BEGINNING .
CONTAINING APPROXIMATELY 3,046 S.F., 0.070 ACRES
SEE EXHIBIT “B” , PLAT AS LOCATION AID.
PREPARED BY:
MARK WARE, P.L.S. 5820 DATE 11-22-22
6219
10 Exhibit “B”
Plat of Easement Property
CITY INDEX NO. 6219
6219
Exhibit “C”
Waste Management Plan
CITY INDEX NO. 6219
WASTE MANAGEMENT PLAN
TRI POINTE HOMES TRACT 20229
ETIWANDA DISPOSAL SITE
FONTANA , CALIFORNIA
March 2022
Prepared For:
County of San Bernardino
Flood Control District
825 East Third Street, Room 140
San Bernardino, CA, 92415-0835
County of San Bernardino
Solid Waste Management District
222 W. Hospitality Lane , 2nd floor
San Bernardino, CA, 92415
Prepared By :
Allard Engineering 16866 Seville Avenue
Fontana, CA 92335
(909) 356-1815
CITY INDEX NO. 6219
CONTENTS
INTRODUCTION
1. PROJECT DESCRIPTION
1.1 Regulatory Requirements
2. RESPONSIBLE PARTIES FOR MAINTENANCE
2.1 Maintenance Responsibilities
2.2 Inspection Responsibilities and Frequencies
3. WASTE MANAGEMENT PLAN
3.1 Introduction
3.2 Waste Preparedness Plan
3.3 Waste Types
3.4 Segregation and Stockpiling
3.5 Waste Management
3.6 On-Site Reconsolidation
3.7 Material Stockpile Characterization
3.8 On-Site Reconsolidation Activities
3.9 Inspections
3.10 Documentation
3.11 Updating the WMP
CITY INDEX NO. 6219
4. EXHIBITS
Post Closure Land Use Maintenance Checklist
Incident Location Map
Ninyo & Moore Landfill Mapping
Allard Engineering Bridge Plans
5. APPENDIX
HASP – Health and Safety Plan
CITY INDEX NO. 6219
INTRODUCTION
APN:0228-91-41 (Tract 20229) is a Residential Subdivision within the Westgate Specific Plan located south of Victoria Avenue and east of the 1-15 freeway in the City of Fontana. The site lies west of and adjacent to APN: 0228-091-42. Tract 20229 in addition to other developments are served by Victoria Avenue, an existing City of Fontana roadway, a portion of which lies within APN 0228-091-42 which is the location of the Etiwanda Disposal Site 36-CR-0021 The Etiwanda Disposal Site is owned by the San Bernardino County Flood Control District (to be referred to as The District or District property). This project proposes to construct a Pedestrian Bridge over the Etiwanda/San Sevaine creeks adjacent to and south of the existing vehicular bridge.
The Pedestrian Bridge will be constructed under a Permit through the District. An Easement / Right of Way is proposed to be granted by the District to the City of Fontana for the bridge encroachment / construction through District Property.
The Bridge is adjacent to and south of the existing Victoria Avenue Bridge over the Etiwanda/San Sevaine Channel on the north eastern line of the Disposal Site The alignment is away from any Mapped Dumping Areas.
This report is an update of the Sewer Excavation Management Plan prepared earlier.
The bridge although in City R/W does fall in the same APN of the disposal site and therefore should be included.
This Waste Management Plan pertains solely to land being purchased by Tri Pointe Homes for Bridge construction, and maintenance. Regardless of the fact that this disposal site was pre- regulation our objective is to comply with section 21190 of title 27 CCR requirements where feasible and/or practical.
1. PROJECT DESCRIPTION (27 CCR 21190 (a-c))
The District property was recently discovered to c\ ontain an old disposal site. The Site is named the Etiwanda Disposal Site 36-CR-0021. The Disposal Site and extent of waste has been mapped by Ninyo & Moore. This mapping is included in this Waste Management Plan (See page 17). Recently, the District placed a fill of clean dirt of various depths over the dumping areas within the disposal site. This disposal site was pre-January 1 s t ,1988 (pre-regulation) but our goals are always to comply with those regulations wherever practical or feasible.
Bridge construction will not occur within any known or mapped areas of waste. It will occur within existing Victoria Avenue and under channel walls. The bridge is not in the vicinity of the cover that was placed two years ago. This plan is prepared in the unlikely event something is encountered. We did not encounter anything during the sewer excavation earlier
Allard Engineering has prepared plans to build a Pedestrian Bridge through the northeastern corner of the Etiwanda Disposal Site 36-CR-0021, The Bridge completely avoids the mapped waste footprint of the Site. The Bridge will be constructed on the north eastern corner of the 16-acre District property and is CITY INDEX NO. 6219
about 300 feet, to the east of the outline of any known dumping activity. The Plan is included in this report.
Landfill monitoring probes may fall within the vicinity of the access easement. If they are found within the influence of any construction or staging, they will not be disturbed without permission.
The purpose of this Plan is to assure that the Bridge construction and easement be consistent with current ideas and not preclude any future closure plans. After meetings with the San Bernardino County Flood Control District, Department of Public Health – San Bernardino County LEA, and CalRecycle, it was determined that the distance from the disposal area was an ideal way to assure this. The Plan and Conditions for the ongoing Maintenance are attached to this report and will only apply to the dedicated ingress and egress access easement that Tri Point is purchasing. Our objective is to comply with the goals of section 21190 of Title 27 CCR where feasible and/or practical.
1.1 Regulatory Requirements
This maintenance plan for our pre-regulation’s disposal site has been developed t
o comply with and meet the goals of Title 27 CCR 21190 regulations where feasible and/or practical.
• CEQA: Review for compliance with the California Environmental Quality Act (CEQA) was conducted. It was determined that the activities are not considered a " project " as defined in section 15378 of CEQA Guidelines and no further environmental analysis is necessary.
• Project Layout: (27 CCR 21190 (a-c)) Building a Bridge and Graded access easement adjacent to existing Flood Control Channel. Quarterly logbooks will be kept for monitoring physical and environmental changes.
Pre and post storm reports will also describe if there is any erosion control o
r drainage issues that need to be addressed.
1.2 Environmental Monitoring and Control Systems: (27 CCR 21190 (a), (d)) this proposed easement may from time to time have soil gas probes. that will not be disturbed pre or post construction.
• Structures: (27 CCR 21190 (c-g)) No structures other than the Bridge Widening will be built on proposed access easement roadway. • Pilings: (27 CCR 21190 (e) (6-7)) Any posts, e.g., fence, fire lane signs, monument signs will be placed in no less than 6 inches of clean fill dirt above existing disposal site.
• Modification or Replacement of low permeability layer: (27 CCR 21190 (d)) This Site is not required to have a low permeability layer. Allard Engineering has drawn p l a n s which avoids any refuse areas.
CITY INDEX NO. 6219
• Land Use on Final Cover: (27 CCR 21190 (a-c)) Land use plan was reviewed by Solid Waste Management Division (SWMD) and the Local Enforcement Agency (LEA). Notice of potential settling was discussed.
The location of the Bridge away from buried waste assures suitability in maintaining the original integrity of the access easement. • Waste and Final Cover: The waste and final cover are currently undisturbed and shall remain that way. If they get disturbed or if any disturbance is noticed, notify LEA, SWMD and correct the situation ASAP.
• Construction Equipment: Special care shall be exercised to assure that construction equipment does not disturb any existing gas probes during construction or ongoing maintenance. Probes will be clearly identified on the plans and adequately marked for all to see.
• Equipment Storage: Equipment storage area shall be approved by the District. The storage area shall not be placed in a location that would disturb any Disposal Area, destroy drainage, or create ponding. • Time Frame/Site Security during Construction: Contractor is expected to provide a schedule prior to start of construction. Schedule will address site security during construction. The public will not have access to any construction activity. Construction is expected to occur over a 3 – 6-month period.
2. RESPONSIBLE PARTIES FOR MAINTENANCE
2.1 Responsibilities
Upon completion of the road, Tri Pointe Homes will ensure that the access easement be kept and maintained to its original integrity (See Proposed Plans & Specifications prepared by Allard Engineering. Tri Point Homes will complete inspections every 3 months to be always kept in a logbook within the Construction Trailer available for review. Tri Pointe Homes will also perform inspections before and after all storms to check for possible storm damage. Tri Pointe will use Post Closure checklist form provided below (See Post Closure Land Use Maintenance Checklist/Incident Report page 13). Any notated incidents will be repaired within 30 days. In the case of a mitigation spanning over 30 days, Tri Pointe will provide proper time schedule and incident report to the LEA, CalRecycle and the SWMD.
CITY INDEX NO. 6219
After completion of the Development and acceptance by the City of Fontana, maintenance responsibilities for the Bridge, access road, and access easement will be assigned to the City of Fontana. The City will then be responsible for all inspections and maintenance activities related to their impacts to the disposal site. • A SWPP (Storm Water Prevention Plan) along with BMP (Best Management P
ractices) will be in place during grading and construction to minimize any water runoff pre- and post-construction.
2.2 Inspection Responsibilities and Frequencies
• The access easement will be monitored every 3 months and any repairs to fencing or erosion due to rains will be made quickly and will return to original condition as per the improvement. (See Proposed construction Plan and Allard E
ngineering Bridge Plans pages ). Any repairs that will take more than 30 days, t
he site owner will contact LEA and SWMD, and provide a schedule for repairs. • Area to be kept clean and clear of trash and debris.
• Area to be completely accessible to County Staff for inspections. • Tri Pointe Homes understands that an easement access roadway on a disposal site may be subject to differential settlement and if it occurs, it will be our r
esponsibility to fix.
• Access to the site will be at a location designated by the District. Access will not occur through any mapped disposal areas.
• Equipment Storage during maintenance shall be approved by the District and not in a location that would disturb and Disposal Area, destroy drainage, or create ponding
• If a repair or maintenance is due to an emergency that could affect waste, LEA and the District shall be notified ASAP.
• Pre and post storm inspections will be performed on the same checklist provided below. (Please see Post Closure Land Use Plan Checklist and Incident Location Map)
• This Post Closure Land Use Plan is specifically written for only the access easement location being purchased by Tri Pointe Homes.
CITY INDEX NO. 6219
General phone numbers and addresses for parties involved:
Solid Waste Management Division
222 W. Hospitality Lane, Second Floor
San Bernardino, CA 92415-0017
Phone: (909) 386-8701 M-F 8am-5pm
Contact:
Chief Engineer
Superintendent of Operations
Local Enforcement Agency
County of San Bernardino
Div. of Environmental Health Services
385 N Arrowhead Ave, 2nd Floor
San Bernardino, CA 92415-0160
P
hone: (800) 442-2283
C
ity of Fontana
Public Works
8353 Sierra Avenue
Fontana CA 92335
Tri Pointe Homes
5 Peters Canyon Road
Suite 100
Irvine, CA 92606
Office: 949-478-8657
CITY INDEX NO. 6219
3. WASTE MANAGEMENT PLAN
3.1 Introduction
The purpose of the Waste Management Plan (WMP) is to discuss the procedures for the unlikely event that waste is encountered during excavation or construction of the Bridge. The excavation is occurring several hundred feet from the Mapped Refuse.
3.2 Preparedness Plan
If Waste is encountered during any facet of the work including excavation, construction, or cover operation, the contractor shall ensure that the materials are excavated and segregated on an impermeable material (pavement, visqueen, etc.) and covered to prevent migration of the stockpiled material prior to characterization and disposal.
If the
contractor has someone on staff that can monitor for landfill debris or sooty or otherwise stained soils that person should do the monitoring. If the contractor does not have personnel who can identify landfill debris or impacted soil, then the contractor should hire an environmental consultant to monitor for impacted soil and debris during excavation.
3.3 Waste Types
Based on available background data and observations from trenching activities performed by Ninyo Moore, the following types of wastes may be encountered during Project activities:
• Burned wastes
• Non-hazardous wastes/debris (i.e., metal cabling, wood, etc.).
3.4 Segregation and Stockpiling
Should potentially contaminated or hazardous materials be encountered during Project activities, the Contractor will secure the services of an appropriately licensed environmental consultant experienced with waste characterization with segregation prior to continuing further excavation activities in that area. The Contractor shall coordinate with the a hired experienced engineer/geologist to identify and segregate into temporary stockpiles, the following types of materials, which may be encountered during the course of the Project:
• Burned Wastes – the residual wastes that result from the burning and/or partial burning of wastes. Burned wastes are typically characterized by darkly colored soils (black, brown- black and red) usually containing broken and/or melted/fused glass and other glass debris (bottle, containers), metal debris, and fused glass and metal debris, and may also contain ash. • Non-hazardous Debris/Recyclable Material – generally consists of metal cabling, wood, concrete, asphalt, and brick.
• “ Clean” Soil – Soil that is not suspected to be contaminated based on visual and/or field screening indicators. This material is considered suitable for on- CITY INDEX NO. 6219
Page
10 site re-use as backfill. Analytical testing to evaluate the soil for potential off- site reuse or disposal options may be required.
The Contractor will excavate, load, and transport the excavated materials to pre-determined location (see page 15), on- site stockpile staging areas. The staging area and the stockpiles will be managed by the Contractor in accordance with this document, the Contractor’s Storm Water Pollution Prevention Plan (SWPPP), and Best Management Practices. The SWPPP when prepared will contain provisions for stockpiling of soils. The stockpiles shall be constructed and managed to minimize the threat of release of materials or contaminants from the stockpile. The stockpiling shall be performed in accordance with current SAM Manual guidelines and RWQCB regulations regarding the management of temporarily stockpiled materials. Contaminated substance, hazardous substance, and/or hazardous wastes shall not be stockpiled for more than 90 days from the date of starting the stockpile.
In general, the stockpiled materials will be:
• placed onto a visqueen surface, or on a 8-mil or thicker high density polyethylene (HDPE) liner,
• moistened to minimize dust emissions during stockpiling, as necessary, • securely covered with an 8-mil or thicker HDPE liner to minimize vapor emissions and prevent runoff from rain,
• configured in such a manner that surface water runoff from the stockpile does not carry stockpile material and/or leachate beyond the stockpile perimeter berm, and • physically labeled in such a way as the type of wastes can be easily identified.
3.5 Waste Management
It is expected that all materials can be reconsolida ted at a pre-approved location within the disposal site.
3.6 On-Site Reconsolidation
As approved by LEA, materials may be reconsolidated at a pre-approved location within the Disposal Site. The following sections describe the policies and procedures to guide the Project team in characterizing materials into appropriate categories for on-site reconsolidation. Stockpile sampling , analytical testing, and air monitoring shall be the responsibility of the Contractor and will be conducted in general accordance with the Department of Toxic Substances Control (DTSC) Protocol for Burn Dump Site Investigation and Characterization and SAM Manual. Prior to reconsolidation, a brief letter or technical memorandum (document) will be prepared indicating the proposed location of the on-site reconsolidation and the analytical results of the materials planned to be reconsolidated. This document will be submitted to the LEA for their approval. Sampling will be done on site by the contractors environmental consultant. Sampling reports expected to be submitted within a week.
3.7 Material Stockpile Characterization
Discrete samples shall be collected to characterize each of the material stockpiles designated for on-site reconsolidation. A minimum of four samples for each waste type is required for on-site reconsolidation. Samples shall be collected at random locations / depths from each stockpile into laboratory-supplied containers.
CITY INDEX NO. 6219
Page
11 3.8 On-Site Reconsolidation Activities
The reconsolidation area shall be at a location within the Site (See Page 15). Final location to be chosen based on consultation with SWMD. The reconsolidation area will be pre- approved by the LEA. A minimum of a 1-foot thick layer of soil separating the existing material and the relocated material shall be established.
The material will be transported to the approved reconsolidation location by the Contractor.
The material will be loaded and transported in such a manner as to minimize the potential for spillage and creation of dust during transport. The Contractor will use dozers or equivalent for compaction of reconsolidated material.
Reconsolidated material will be covered at the end of each working day with a minimum of 6 inches of compacted clean soil. Removal and loading of material will not be conducted when wind speed is consistently greater than 15 mph or when wind gusts exceed 25 mph, unless directed by the LEA or other regulatory agencies.
The final cover in the reconsolidation area will consist of a 3-foot thick minimum cover that will be graded in a manner to provide the appropriate drainage. Post-closure activities will be performed in general accordance with California Code of Regulations, Title 27, state minimum standards, as applicable.
3.9 Inspections
As applicable, the Contractor will conduct inspections of the stockpiled materials. The inspection results will be recorded on a daily inspection form and signed daily by the Site Superintendent. The following waste management inspection activities will be performed:
formal inspections of accumulation areas will be conducted and documented weekly, in accordance with 40 CFR 264 Subpart I and Title 22 CCR Section 66264; Material accumulation areas will be informally inspected on a daily basis; and Material stockpiles will be inspected daily to ensure liners are in-place, the stockpiles are adequately covered, and the covers are sufficiently secured.
CITY INDEX NO. 6219
Page
12 3.10 Documentation
Documentation requirements will apply to all materials managed during the Project. The Contractor will be responsible for recording waste generation activities in a daily log. The following information will be recorded in the log:
description of waste generating activities,
locations of waste generation (including depth, if a pplicable), types and volumes of wastes generated,
date and time wastes were generated,
an estimate of the volume of material in each stockp
ile,
• a plot plan identifying the stockpile locations and types of materials, • for on-site reconsolidation, a plot plan indicating waste placement location and volume of reconsolidated materials, and
• an accounting of the materials transported and disposed offsite, including the name and location of the disposal facility, manifest/bill of lading number, date transported from the site, date received at disposal facility, waste type, and weight tickets.
Following completion of waste disposal / reconsolida tion activities, the Contractor will submit a report summarizing compliance with the Waste Management Plan. The report will include documentation regarding the volumes and types of wastes generated and disposition during implementation of the Project. This report will be submitted within 30 days of completion of the project to LEA.
3.11 UPDATING THE WASTE MANAGEMENT PLAN
As necessary, the WMP will be updated as changes in remedial site activities or changes in applicable regulations occur.
CITY INDEX NO. 6219
LANDFILL OBSERVATIONS/CLOSED SITE MAINTENANCE CHECKLIST Date of inspection:__________________Name:_______________Site: Etiwanda Disposal Site Map Symbols
Note Locations on Map Using Symbols
General Comments:
Action to Be Taken:
Dimensions of Erosion: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
-
(1) Rolling is minor erosion that can be repaired by track -walking the impacted area without placement of additional cover.
(2) Rivulet Slopes are moderate erosions that can be repaired by addition of clean fill i
n conjunction with tr ack -walking.
(3) Scour is major erosion that may extend to the depth of refuse and requires substantial efforts to repair; including, but not limited to addition of clean cover and e
xtended use of heavy machinery.
Date of Inspection: _ Name: _ Stratham Homes
A. PERIMETER STATION
Liquid/Seepage LS None
Odors 0 None
Staining
Present
Flowing □ Ponding I
Erosion E None
Illegal Dumping ID None
Rilling(l)
Present
Rivuleted Slopes (2)
Weight
Scour (3) I
Fence Repair FR None
Erosion/BMP E None
Present Location
L
ocation
see map on reverse
see map on reverse
B. Landfill Surfaces
Odors 0 None
Exposed Refuse ER None
Staining
P
resent
Location see map on reverse
see map on reverse
Erosion/BMP Repair E N one Present Rivuleted Slopes (2) Scour (3) I Differential Settlement DS None
Vegetation Clean Up V None
drainage system
Repair/Clean Up DR None
Cover Integrity Cl None
Grading G None
Slope s None
Roads/Benches RD None
Rilling
Present
Present
Issue e
Insufficient
Insufficient
Issue
Location
L
ocation
Location
Location
Location
L
ocation
Location
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
CITY INDEX NO. 6219
VICT
ORI
A
E T I W A N D A / S A N S E V A I N E C H A N N E L
STREET
PACIFIC ELECTRIC BIKE TRAIL
TP3-1
(2-5.5)
TP3-3
(2-3.5)
TP3-2
(2-5.5)
T-31
0-17
(17)
T-14
0.5-4/4.5
(4-4.5)
BURNED WASTES
AREA 1
BURNED WASTES AND
NO BURNED WASTES
AREA 4
WASTE DEBRIS
AREA
BURNED WASTES
AREA 2
BURNED WASTES
AREA 3
T-19
0-0.5 (0.5)
0-1.5 (1.5)
0-3 (3)
TP1-3
(1.5-4)
TP1-2
(1.5-4)
GEOT
TP
TP1-1
(1.5-4)
TP1-5
(1.5-3.5)
TP2-6
(2.5-5.5)
TP2-3
(2-5.5)
TP2-4
(2-5)
TP2-1
(2-5.5)
TP2-2
(2.5-3.5)
TP-7
(0-1)
TP-8
(0-1.7?)
TP-12A
(0-5.3+)
TP-11A
(0-8+)
TP8-1
(0-10)
TP7-1
(0-11)
TP6-1
(0-4+)
TP5-1
(0-11)
TP1-7
(0)
TP1-6
(0)
TP1-4
(0)
TP2-7
(0)
TP2-5
(0)
TP3-4
(0)
TP4-2
(0)
TP4-1
(0)
TP-11B
(0)
TP-12B
(0)
TP-9
(0)
TP-10
(0)
TP-4
(0) TP-3
(0) TP-2
(0)
TP-1
(0)
TP-5
(0)
TP-6
(0)
TP-13
(0)
T-1
0.25-4.8
(4.5)
T-3
3-3.5
(0.5)
T-2
0-0.5
(0.5)
T-20
2/3-3/4
(1)
T-21A
4-4.5/5
(~1)
T-27
0-18
(18)
T-32
2-8+
(6+)
T-44
2-2/3.25
(1.25)
T-23
2.5-6
(3.5)
T-21B
3.5-4.3/4.5
(~1)
T-33
0-4
(4)
T-43
0-5
(5)
T-34
0-7
(7)
T-42
0-10
(10)
T-35
0-6
(6)
T-49
0-0/2
(2)
T-50
0-10
(10)
T-12
0 T-13
0 T-22
0 T-15A
0 T-15B
0T-16
0 T-17
(0)
T-18
(0)
T-36
(0)
T-37
(0)
T-39
(0)
T-47
(0)
T-25
(0)
T-24
(0)
T-26
(0)
T-28
(0)
T-29
(0)
T-30
(0)
T-45
(0)
T-41
(0)
T-46
(0)
T-40
(0)
T-4
(0)
T-5
(0)
T-62
(0)
T-7
(0)
T-51
(0)
T-52
(0) T-11
(0)
T-10
(0)
T-53
(0)
T-9
(0)
T-6
(0)
T-8
(0)
T-54
(0)
T-55
(0)
T-59
(0)
T-58
(0)
T-60
(0)
T-61
(0)
T-38
(0)
T-63
(0)
T-48
(0)
FIGURE
4 PROJECT NO. DATE
209590001 12/16
ETIWANDA WASTE DISPOSAL SITE
FONTANA, CALIFORNIA
SITE MAP WITH GEOPHYSICAL OVERLA YS
AND ESTIMATED EXTENT OF WASTES
LEGEND
4_209590001_R_24x36_GEOP .mxd JDL
0 200 400
SCALE IN FEET
SOURCES: TEST PIT LOCATION MAP , LEIGHTON, DATED DECEMBER, 2 014; GOOGLE EARTH, 2016
TRENCH, WASTES NOT OBSERVED
TRENCH WITH BURNED WASTES
TRENCH WITH WASTE DEBRIS
NINYO & MOORE, 2016
WASTE EXTENT , QUERIED WHERE APPROXIMATE
SITE BOUNDARY
T-63
TP-12B
0-8+
(8)
TEST PIT / TRENCH ID
DEPTH OF WASTES
WASTE THICKNESS
LEIGHTON & ASSOCIATES, 2014
GEOPHYSICAL ANOMALIES, SPECTRUM GEOPHYSICS, 2016
TEST PIT , WITH WASTES (ASSUMED BURNED
WASTES BASED ON INTERPRETING TEST
PIT LOGS), PRIMARILY GLASS AND METAL
DEBRIS (LEIGHTON, DECEMBER 2014)
TEST PIT , WASTES NOT OBSERVED
(LEIGHTON, DECEMBER 2014)
TEST PIT , PRIMARILY CONCRETE,
GLASS & METAL DEBRIS
(LEIGHTON, DECEMBER 2014)
GEOPHYSICAL SURVEY SOUTHWEST GEOPHYSICS INC.
EM-31 IN-PHASE DATA (2014)
IN-PHASE
QUADRATURE
QUADRATURE & IN-PHASE
PROJECT SITE
(PEDESTRIAN BRIDGE)
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219
CITY INDEX NO. 6219