BOARD MEMBERS 43885 SOUTH GRIMMER BOULEVARD • FREMONT, CALIFORNIA 94538 (510) 668-4200 • www.acwd.org
MANAGEMENT
AZIZ AKBARI
JAMES G. GUNTHER
JUDY C. HUANG
PAUL SETHY
JOHN H. WEED
ED STEVENSON
General Manager
DAN STEVENSON
Operations and Maintenance
GIRUM AWOKE
Engineering and Technology
LAURA J. HIDAS
Water Resources
JONATHAN WUNDERLICH
Finance and Administration
JACKIE MCCLOUD
Special Assistant to the General Manager
December 3, 2024
VIA ELECTRONIC MAIL
James Willis, Senior Planner ([email protected])
City of Fremont
39550 Liberty Street
Fremont CA 94537
Dear Mr. Willis:
Subject: Notice of Public Review and Intent to Adopt a Negative Declaration for the Palisade Fremont Blvd GPA (PLN2024-00080) project located at Fremont Boulevard and Ice House Terrace, Fremont, CA 94538
The Alameda County Water District (ACWD) wishes to thank you for the opportunity to comment on the Draft Initial Study/Negative Declaration (IS/ND) for the Palisade Fremont Boulevard Project (“Project,” or “Development”). ACWD has reviewed the Draft IS/ND and would appreciate your consideration of the following comments:
1. Groundwater:
a. Hazards and Hazardous Materials : Appendix E of the Draft IS/ND provides a Phase I Environmental Site Assessment (ESA) to evaluate the Project area and adjacent areas for potential environmental conditions, including impacts and risks. The Phase I ESA identified two (2) properties/listings determined to present a higher potential risk for environmental concerns to the Project site, including a former Leaking Underground Storage Tank (LUST) site, Wicks Pacific Supply Lumber.
i. The Draft IS/ND should acknowledge that as part of ACWD’s Groundwater Protection Program, ACWD entered into Cooperative Agreements with both the California Regional Water Quality Control Board – San Francisco Bay Region (Regional Board) and the City of Fremont (City), which allows ACWD to provide technical oversight for the investigation and remediation at LUST sites and sites where the pollution is attributed to spills or leaks from structures other than underground fuel tanks now referred to as Site Clean up Program sites or SCP (formerly known as Spills, Leaks, Investigation, and Cleanup sites or SLIC sites). These Cooperative Agreements further strengthen the interagency coordination and cost -effective implementation of groundwater protection within the City in order to protect the Niles Cone Groundwater Basin. As a result, ACWD requests that Project proponents notify ACWD if any soil and/or groundwater contamination is encountered.
/ITCWD
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City of Fremont, Mr. James Willis
December 3rd, 2024
ii. A cc
ording to records held by ACWD, a Phase II Soil and Groundwater Investigation was conducted at a property in the vicinity of the Project site which does not appear to have been evaluated as part of the Draft IS/ND or appended Phase I ESA. The Report for the Phase II Soil and Groundwater Investigation (Phase II Report) is dated June 2, 2000, and was conducted by URS/Dames & Moore at 43962 Fremont Boulevard; however, site vicinity maps provided as part of the Phase II Report suggest the investigated area i s coincident with the proposed Project area. The results from the Phase II Soil and Groundwater Investigation indicate that relatively low concentrations of petroleum hydrocarbons (as diesel and motor oil) are present in soil from 1 to 6 feet below ground surface (bgs) and in shallow groundwater. The data provided in the Phase II Report should be considered during development of the forthcoming soil management plan (SMP) to be developed for the Project area. b. H
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ology and Water Quality:
iii. The impact analysis provided for item (b ) of Section 4.10.1 of the Draft IS/ND discusses the groundwater setting in the Project area and notes that the Project site is located within the Niles Cone Groundwater Basin (Niles Cone Subbasin 2- 09.01 or Niles Cone). This discussion does not include mention of ACWD’s groundwater management activities in particular. For over 100 years, ACWD has managed the groundwater of the Niles Cone through comprehensive programs that protect and improve water supplies for all groundwater users. ACWD requests that this additional information be provided in the IS/ND.
iv. The impact analysis provided for item (e) of Section 4.10.1 of the Draft IS/ND evaluates whether the Project would conflict with or obstruct implementation of the Sustainable Groundwater Management Act (SGMA).
a. A CW
D is identified within SGMA as an agency created by statute to manage groundwater and deemed to be the exclusive local agency within its statutory boundaries to comply with SGMA. ACWD requests that this additional information be provided in the IS/ND.
b. P
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4-67 and 4-68 of the Draft IS/ND specify that ACWD submitted an Alternative Update to the California Department of Water Resources (DWR) on December 29, 2021. Please note that the Alternative Update was approved by DWR on June 27, 2024.
c. P age 4 -6
8 of the Draft IS/ND states, “Operation of the proposed project would likely involve the use of both surface and groundwater as potable water. However, ACWD has sufficient water supplies to meet normal- year demands through 2045. If a deficiency were to occur, ACWD would take actions to attempt to maintain appropriate groundwater levels, including:
maximizing the import of additional water for artificial recharge of the groundwater basin; reducing use of local groundwater; and maximizing use of imported supplies .” This excerpt may imply that ACWD would take actions to offset deficiencies caused by the Project dewatering . Please see comment 1.e below.
City of Fremont, Mr. James Willis
December 3rd, 2024
d. Page 4-63 of the Draft IS/ND cite s the “ The 2020-2050 Urban Water Management Plan (UWMP) …,” however, it is the “2020-2025” UWMP.
ACWD requests the title of the referenced UWMP be corrected on this page and in occurrences throughout the document.
c. Groundwater Well Protection/Destruction:
i. Groundwater Well Destruction and Drilling Permits: As required by ACWD Ordinance No. 2010- 01, drilling permits are required prior to the start of any subsurface drilling activities for wells, exploratory holes, and other excavations including the installa tion of support piers, piles (sheet piles), or caissons within the City of Fremont (City). Application for a permit may be obtained from ACWD’s Engineering Department, at 43885 South Grimmer Boulevard, Fremont or online at http://www.acwd.org. All permitted work requires scheduling for inspection; therefore, all drilling activities must be coordinated with ACWD prior to the start of any field work.
ii. ACWD has identified a monitoring well 5S/1W-11M004 located within the Project area. However, the well could not be field verified during two occasions (specifically on May 7, 2024, and July 31, 2024), which were performed by project proponents to look for and verify the well. To protect the groundwater basin, if t his well is located during development activities within the project area , it must be in compliance with ACWD Ordinance No. 2010-01. Project proponents must notify ACWD, and the well must be either protected and brought into compliance with ACWD Ordinance No 2010-01 or properly destroyed. If the well is to remain, a letter indicating so must be sent to ACWD.
d. Stormwater Management: Section 2.2.6.3 of the Draft IS/ND indicates that stormwater on the Project site would be directed to bioretention areas, which “would collect and treat stormwater before discharging into existing City storm drain lines.” ACWD appreciates the biotreatmen t of stormwater in bioretention areas in order to impede runoff from rapidly infiltrating the subsurface and bypassing soils which have the capacity to remove pollutants and protect the groundwater supply.
As previously discussed, the Project site has known groundwater contamination and specific stormwater devices could present an unacceptable long-term risk to beneficial uses of groundwater.
Therefore, ACWD requests the IS/ND include a provision that requires Project proponents coordinate any drainage design and stormwater treatment measure implementation with ACWD, prior to implementation and City approval.
e. Dewatering: The Draft IS/ND indicates that dewatering and shoring of groundwater may be required during construction activities involving excavation. ACWD requests that Project proponents coordinate the design to ensure the Niles Cone Groundwater Basin is protected. In addition, the amount of water that may be extracted by dewatering should be evaluated and documented. If appropriate, alternative designs should be considered that would minimize the amount of dewatering required during and after construction. Per the Replenishment Assessment Act of the Alameda County Water District (Replenishment Assessment Act), g roundwater losses due to dewatering must be measured and may be subject to a replenishment assessment fee.
Mitigation measures should be proposed to replace all significant losses of ACWD’s water supplies.
City of Fremont, Mr. James Willis
December 3rd, 2024
2. Utilities and Service Systems:
a. Existing Public Water Mains: ACWD operates several in-service water mains within and adjacent to the Project site. Project proponents need to coordinate with ACWD ’s Engineering Department regarding the existing 12-inch PVC water main in Ice House Terrace and 12- inch steel and PVC water main in the southern part of the subject Project’s parcel. Any proposed relocation of existing ACWD pipelines, services, or appurtenances within easements will need to be coordinated with the ACWD’s Engineering Department and all costs and fees associated with a relocation will be fully borne by Project proponents.
i. Project proponents may reach out to ACWD Engineering for copies of 200-scale base map and as-built drawings using the ACWD Public Records Act portal, NextRequest, at: https://alamedacountywaterdistrict.nextrequest.com/requests
b. New Public Water System Extension: Any proposed ACWD pipelines within the Project area shall be minimum 12-inch diameter. The provision of water services to the industrial use via a new onsite public water system is conditioned upon the ability to design and install a public water system extension in compliance with the ACWD standards, including the ACWD Standard Specifications for Water Main Installations. The Project’s engineer is strongly encouraged to review these ACWD standards and revise the proposed water system design accordingly. The Project proponents may submit improvement plans to the ACWD Engineering Department for review. The Application for Public Water System Extension can be found on the ACWD website at:
https://www.acwd.org/DocumentCenter/View/33/Application-for-Public-Water-System- Extension?bidId=
i. New public water system extensions shall tie -in to existing water mains and create a well-gridded looped system where feasible and at the sole discretion of the ACWD Engineering Department.
c. Existing Water Services: For modifications of existing water facilities or to initiate new water service to the property, the Project proponent should contact the ACWD Engineering Department.
Any existing water services which will not be used in the new development or water mains to be removed from service must be removed by the ACWD at the Project proponent’s expense. New water service facilities must be installed by ACWD at Project proponent’s expense. Project proponent is encouraged to meet with Engineering staff to review your Project prior to submitting the application or other materials or if you need assistance in completing the Customer Work Request Application . The application and instruction can be found on the ACWD website at:
https://acwd.org/171/Customer-Work-Request-Application.
i. The estimate for processing a customer work request a pplication through the completion of f ield construction is 4- 6 months. The Project proponent should plan accordingly.
d. Existing and New ACWD Easements: There are several existing ACWD water line easements on the Project site and fronting the Project site on other parcels. Project proponents should coordinate with ACWD Engineering Staff to confirm and protect existing ACWD water mains, valves, and other appurtenances. Quitclaim of existing Easements will require reciprocal property rights (i.e., new water line easements) and quitclaim actions are adopted by the ACWD Board of Directors.
City of Fremont, Mr. James Willis
December 3rd, 2024
i. ACWD Water Line Easements: No. 139 (Alameda County Records RE:1589 IM:595), No. 664 (Alameda County Records 89-316598), No. 810 (Alameda County Records 2001-009642), No. 81 4 (Alameda County Records 2001-009646), and No. 815 (Alameda County Records 2001-009647)
ii. New public water system extensions within the Project site will require new water line easement deeds granted to ACWD per the ACWD Development Specifications for Public Water System Extension, Section 2.2.3 Easements. A copy of the Development Specifications can be found on the ACWD website at:
https://www.acwd.org/DocumentCenter/View/272/Development-Specifications-for- Public-Water-System-Extensions-May-2019-Rev-3?bidId=
e. Existing Hazardous Material Contamination: The ability to install a public water system within the Project area would be conditioned upon confirmation that the soil, groundwater, and/or soil gas vapors do not pose a risk to the health and safety of workers either during installation of the public water system or during its long-term routine operation and maintenance.
i. The Project proponents should be prepared to develop a site work plan, and safety plan which describes any steps, including special safety steps, required for pipeline installations by Project proponents and routine ACWD operation and maintenance.
ii. Any proposed public water system extension and all appurtenances must be constructed in "clean corridors," which would be assured by either further testing of native soil, groundwater, and/or soil vapors along the proposed public water system alignments or by use of c lean imported fill as backfill for all trenches excavated for any part of the public water system. The use of upgraded materials, including but not limited to all steel pipelines with upgraded gaskets, may be required.
f. The Project shall be designed to implement water efficient plumbing fixtures and irrigation systems at both residential and non-residential developments, including but not limited to those listed in the Water Efficiency Measures for New Development, located on the District’s website (http://acwd.org/DocumentCenter/View/421).
3. ACWD Contacts:
The following ACWD contacts are provided so that the City of Newark staff can coordinate with ACWD as needed during the Project:
Michelle Walden, Groundwater Resources Manager, at (510) 668 -4454 or by email at [email protected], for coordination regarding ACWD’s groundwater resources.
Kit Soo, Well Ordinance Supervisor, at (510) 668- 4455 or by email at [email protected] , for coordination regarding groundwater wells and drilling permits.
Sean O’Reilly, Development Services Manager, at (510) 668- 4472 or by email at [email protected], for coordination regarding public water systems, GIS, and water service modifications.
City of Fremont, Mr. James Willis
December 3rd, 2024
Thank you again for the opportunity to comment on the Notice of Intent to Adopt a Negative Declaration for the Palisade Fremont Blvd GPA Project.
Sincerely,
Girum Awoke
Director of Engineering and Technology
sro/ml
cc: Laura Hidas, ACWD
Michelle Walden, ACWD
Kit Soo, ACWD
Sean O’Reilly, ACWD
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