City of Hay
ward
4150 Point Eden Way Industrial Development Project
Mitig
ation Monitoring and Reporting Program 1
M
itigation Monitoring and Reporting Program
The Envir
onmental Impact Report (EIR) for the 4150 Point Eden Way Industrial Development Project identifies the mitigation measures required to reduce the environmental impacts associated with the project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code:
...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.
Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of making findings or adopting a mitigated negative declaration.
The mitigation monitoring table lists the identified mitigation measures for the project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The project applicant will have the responsibility for implementing the measures, and the various City of Hayward departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures.
The first column identifies mitigation measures that were identified in the Final EIR, including within the Initial Study that is an appendix to the EIR. The second column, entitled “Action Required,” refers to the monitoring action that must be taken to ensure the mitigation measure’s implementation. The third column, entitled “Monitoring Timing,” refers to when the monitoring will occur to ensure that the mitigation action is complete. The fourth column, “Responsible Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The “Compliance Verification” column is where the Responsible Agency verifies that the measures have been implemented.
ATTACHMENT IX
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
2 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
Biological Resources
BIO
-
1 a
:
SWHM and SMWS Habitat Fencing
Prior to ground disturbing activities adjacent to potential SMHM and SMWS habitat, temporary exclusion barriers and/or fencing shall be installed to exclude individuals of these
species from areas of active construction. The design of the exclusion barriers and fencing shall be approved by a qualified biologist and shall be installed in the presence of a qualified biological monitor. The fence will be made of a material that does
not allow SMHM or SMWS to pass through, and the bottom shall be buried to a depth of a minimum of four inches so that these species cannot crawl under the fence. All support for the exclusion fencing shall be placed on the inside of the project footprint.
Additionally, removal of marsh or associated ruderal vegetation shall be completed using only hand tools and in the presence of a biological monitor. The barriers and/or fencing shall remain in place for the duration of construction of the project.
Grading
permit
application shall identify
location and type of
temporary exclusion
barriers and/or fencing
and shall include note
that the facilities were
approved by a biologist
and
installed
under
supervision of a
qualified biological
monitor
. Verify that a
qua
lified biological
monitor is present when
marsh or associated
ruderal vegetation is
removed, and removal is
with hand tools.
Prior to
construction
and
the periodically
during the
duration
of
construction
activities
City of
Hayward
Planning
Division
(barri
er and
fencing
design) and
City of
Hayward
Public Works
Engineering
Division and
Building
Division (field
verification)
BIO
-
1 b
:
Qualified Biological Monitor
A qualified biological monitor shall be present during wildlife exclusion fence installation and removal, and during all vegetation clearing and initial ground disturbance which take place in marsh habitats of the former salt ponds and the vegetation adjac
ent to marsh habitats. The monitor will have demonstrated experience in biological construction monitoring and knowledge of the biology of the special
-
status species that may be found in the project site, including SMHM and SMWS. The monitor(s) shall have
the authority to halt construction, if necessary, if
noncompliance actions occur. If a federal or State listed species is observed at any time during construction, work shall not be initiated or shall be stopped immediately until the animal leaves the vici
nity of the work area of its own volition. If the animal in question does not leave the work area, work shall not be reinitiated until the qualified biological monitor has contacted the appropriate agency to discuss on how to proceed with work activities.
The biological monitor shall direct the contractor on how to proceed accordingly.
The biological monitor(s) shall be the contact person for any employee or contractor Prior to issuance of
grading permits
a
pplicant shall v
erify
that
a qualified
biological monitor
will
be
present during
wildlife fence
installation and removal,
and during all
vegetation clearing and
initial ground
disturbance
within salt
ponds and marsh
habitat
. If a special
-
status species is
Prior to
construction
of
the wildlife
exclusion fence
;
weekly site visits
to provide
guidance
and
ensure
compliance with
permit conditions
City of
Hayward
Public Works
Engineering
Division and
Building
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
3 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
who might inadvertently kill or injure a special
-
status species or anyone who finds a
de
ad, injured, or entrapped special
-
status species. Following fence installation,
vegetation removal in potential habitat areas, and initial ground disturbance in potential habitat areas, the biologist shall train an onsite monitor to continue to document co
mpliance. The biologist shall conduct weekly site checks to provide guidance for fence maintenance, provide environmental sensitivity training, and document compliance with permit conditions.
observed at any time,
veri
fy
construction
has
halted
until
documentation from the
appropriate agency is
received
.
Verify
environmental
sensitivity training and
document permit
compliance.
BIO
-
1 c
:
Worker Environmental Awareness Program Training
The biological monitor shall provide an endangered species training program to all
personnel involved in project construction. At a minimum, the employee education program shall consist of a brief presentation by persons knowledgeable about the biology of sensitive species with potential to occur in the project footprint, and about
their legislative protection to explain concerns to contractors and their employees involved with implementation of the project. The program shall include a description of the species and their habitat needs, any reports of occurrences in the are a; an
explanation of the status of these species and their protection under State and federal legislation; and a list of measures being taken to reduce impacts to these species during construction
.
Prior to issuance of
grading permits,
applicant shall v
eri
fy
that
all personnel
involved in project
construction undergo
endangered species
training.
Prior to
construction
and
on an as
-
needed
basis after
personnel
training
City of
Hayward
Public Works
Engineering
Division and
Building
Division
BIO
-
1 d
:
Burrowing Owl
Pre
-
Construction Surveys and Avoidance
A qualified biologist shall conduct pre
-
construction clearance surveys prior to ground
disturbance activities within suitable
natural habitats and ruderal areas throughout
the eastern component of the project site to confirm the presence/absence of active burrowing owl burrows. The surveys shall be consistent with the recommended survey methodology provided by CDFW (2012). Cleara
nce surveys shall be conducted
within 30 days prior to construction and ground disturbance activities. If no burrowing owls are observed, no further actions are required. If burrowing owls are detected during the pre
-
construction clearance surveys, the fol
lowing measures shall apply:
Avoidance buffers during the breeding and non
-
breeding season shall be
implemented in accordance with the CDFW (2012) and Burrowing Owl Consortium (1993) minimization mitigation measures.
If avoidance of burrowing owls is not feasible, then additional mea sures such as
passive relocation during the nonbreeding season and construction buffers of 200 feet during the breeding season shall be implemented, in consultation with Materials submitted to
the Planning Division
prior to issuance of
grading permits shall
v
erify that
a qualified
biologist
conducts
a pre
-
construction clearance
and if owls are observed
that
avoidance buffers
are implemented, or
passive relocation and
construction buffers are
established
. Verify that
a Burrowing Owl
30 days prior to
construction
and
then as needed
during
construction to
verify avoidance
buffers are
maintained.
City of
Hayward
Planning
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
4 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
CDFW. In addition, a Burrowing Owl Exclusion Plan and Mitigation and Monitoring Plan s
hall be developed by a qualified biologist in accordance with the CDFW (2012) and Burrowing Owl Consortium (1993).
Exclusion Plan and
Mitigation and
Monitoring Plan is
developed and
im
plemented is owl
avoidance is not
feasible.
BIO
-
1 e
: Nesting Bird Avoidance and
Pre
-
Construction Surveys
Project activities, such as vegetation removal, grading, or initial ground -
disturbance,
shall be conducted between September 1 and January 31 to the greatest extent feasible. If project activities must be conducted during the nesting season (February 1 to
August 31), a pre
-
construction nesting bird survey shall be conducted by a qualified biologist no more than 14 days prior to vegetation removal or initial ground disturbance. Additional nesting surveys shall be conducted if project construction activities
cease for more than 14 days during this period. The survey shall include the project site plus a 200
-
foot buffer around the eastern component of the project site if feasible, and a 500
-
foot buffer for California least tern, western snowy plover, and black
skimmer,
if feasible,
to identify the location and status of any nests that could potentially be affected either directly or indirectly by project activities. A survey of the western component of the project site shall be optional and not required because no ground disturbance
or construction activities are proposed in the western component of the project site.
If active nests are identified during the nesting bird survey, an appropriate avoidance buffer shall be established within which no work activity will be allowed which w ould
impact these nests. The avoidance buffer would be established by the qualified biologist on a case
-
by
-
case basis based on the species and site conditions. In no cases shall the buffer be smaller than 50 feet for passerine bird species
and
250 feet for
ra
ptor species
. The bu
ffer for
California least tern, western snowy plover, and black
skimmer
shall be a
t least 600 feet or otherwise determined by CDFW and USFWS .
Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. Buffers shall b e delineated
by orange construction fencing that defines the buffer where it intersects the project site.
If a California least tern, western snowy plover, or black skimmer nest is found within 500 feet of the project site, USFWS and CDFW will be immediate ly notified. USFWS
and CDFW shall be consulted on appropriate avoidance and minimization methods, which would likely include work restrictions within 500 feet of the nest, biological Verify that if initial
ground disturbing
activ
ities occurs
between February 1
and
August 31, a qualified
biologist
shall
prepare a
pre
-
construction survey
two weeks prior to start
of
construction
and shall
be submitted to the
Planning Division
. If
acti
ve nests are
discovered, verify that
buffers have been
established and work is
avoided in in the buffer
as appropriate.
Verify
that
USFWS and CDFW
are consulted if
California least tern,
western snowy plover,
or black skimmer are
found and that
recommendat
ions of the
agencies are
implemented
.
Once before
construction to
review pre
-
construction
survey; as needed
during
construction to
verify buffers
established and
work is avoiding
buffer zones.
City of
Hayward
Planning
Division
and
Public Works
Engineering
(inspections)
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
5 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
monitoring for activity within the nest’ line
-
of
-
sight, etc. The buffer a
rea(s) shall be
closed to all construction personnel and equipment until juveniles have fledged and the nest is inactive. The qualified biologist shall confirm that breeding/nesting is completed, and young have fledged the nest prior to removal of the buff er.
BIO
-
1 f
:
Special
-
Status Bat Avoidance and Pre
-
Construction Surveys
To avoid impacts to roosting special
-
status bats, focused surveys to determine the
presence/absence of roosting bats shall be conducted prior to the initiation of demolition of buildings and removal of mature trees large enough to contain crevices and hollows that could support bat roosting. If active maternity roosts are identified, a qualified biologist shall establish avoidance buffers applicable to the species, the roost
location and exposure, and the proposed construction activity in the area. If active non
-
maternity day or night roosts are found on the project site, measures shall be implemented to passively relocate bats from the roosts prior to the onset of c
onstruction activities. Such measures may include removal of roosting site during the time of day the roost is unoccupied or the installation of one -
way doors, allowing the
bats to leave the roost but not to re
-
enter. These measures shall be presented in a
Bat
Passive Relocation Plan that shall be submitted to, and approved by, CDFW.
Verify
that
a qualified
biologist has
conducted
focused surveys
and
submitted to Planning
Division
. If
bats or signs
of roosting bats are
observed
, verif
y that
qualified biolog
ist has
prepared
recommendations and
that recommendations
are
included on the
building permit plans
and
implemented.
Once before
construction
before
to review
pre
-
construction
survey
s
; as
needed during
construction to
verify
implementation.
City of
Haywar
d
Planning
Division
(surveys) and
City of
Hayward
Building
Division (field
verification)
BIO
-
1 g
:
Trash Removal
During construction of the project, all food
-
related trash items such as wrappers, cans,
bottles, and food scraps shall be disposed of in
solid, closed containers (trash cans)
and removed at the end of each workday from the project site to eliminate an attraction to predators of special
-
status species.
Verify that
all food
-
related trash be
disposed of in solid
containers and removed
from
the project site
As needed during
project
construction.
City of
Hayward
Building
Division
BIO
-
1 h
:
Public Access Exclusion Fencing
Access by all project construction personnel into the Eden Landing Ecological Reserve shall be prohibited. Upon
completion of the development project a permanent fence shall be installed on the eastern component of the project site to prevent access from the San Francisco Bay Trail relocated segment and the new industrial development into the adjacent salt ponds and
associated marsh habitats to the west. In addition,
signs shall be posted stating that public access into the salt ponds and associated marsh habitat is strictly prohibited owing to the sensitivity of the habitat and to ensure the continued use of this ha
bitat by special
-
status species.
Verify
the construction
of a permanent fence
and signage.
Fence shall
be included on
improvement plans and
reviewed and approved
by Planning Division and
the East Bay Regional
Once after
project
construction is
complete.
City of
Hayward
Building
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
6 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
Park District
BIO
-
3:
Protected Wetlands Mitigation Credits
To compensate for impacts to approximately 0.97 acre of waters of the U.S., the project applicant shall purchase wetland mitigation credits at a minimum of 1:1
mitigation ratio from an approved mitigation bank with a Service Area that covers the project site. The San Francisco Bay Wetland Mitigation Bank currently has "Tidal Wetland and Other Waters Creation" credits available for purchase. Either the U.S.
Army Corps of Engineers or the CDFW may adjust the mitigation ratio and the applicant shall comply, but in no case shall the mitigation ratio be less than 1:1.
Verify
the applicant
purchases wetland
credits at a minimum of
1:1 mitigation
ratio
.
Evidence of such
purchase shall be
submitted to the
Planning Division.
Prior to
issuing a
Certificate of
O
ccupancy
.
City of
Hayward
Planning
Division
Cultural Resources
CUL
-
1 a
:
Building Recordation
Archival documentation of as
-
built and
as
-
found condition shall be prepared for the
Oliver Brothers Salt Company prior to demolition. Prior to issuance of demolition permits, the City of Hayward shall ensure that documentation of the buildings and structures proposed for demolition is completed
that follows the general guidelines of
Historic American Building Survey (HABS)
-
level III documentation. The documentation
shall include high resolution digital photographic recordation, a historic narrative report, and compilation of historic research. T
he documentation shall be completed
by a qualified professional who meets the standards for history, architectural history, or architecture as set forth by the Secretary of the Interior’s Professional Qualification Standards (36 CFR, Part 61). The original
archival
-
quality documentation shall be
offered as donated material to the Hayward Library and/or Hayward Area Historical Society to make it available for current and future generations. Archival copies of the documentation shall be submitted to the City
of Hayward where it shall be available to
local researchers.
Verify
that
the
refer
e
n
c
ed
buildings are
documented prior to
demolition
using general
guidelines o
f
HABS
L
evel
III documentation
.
Verify copy of
documentation is
provided to City
Planning Division
and
offered to
Hayward
Historic Society and
local library
.
Prior to issuing
demolition
permits
.
City of
Hayward
Planning
Division
CUL
-
1 b
:
Interpretive Display
An
interpretive display shall be developed and installed on site to commemorate the history of the Oliver Brothers Salt Company. The display may include historic photographs, drawings, and text to convey the history of the site and the significance of salt pr
ocessing in Alameda County. The display shall be reviewed and approved by the City prior to installation at a site to be chosen by the City. The installation shall occur prior to issuance of a Certificate of Occupancy.
Verify
installation of an
interpretat
ive display
that is approved by the
City
.
Applicant shall
include display
information, text, design
Prior to issuing a
Certificate of
Occupancy
.
City of
Hayward
Planning
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
7 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
and display on building
permits.
CUL
-
2 :
Unanticipated Discovery of
Archaeological Resources
In the event that archaeological resources are unexpectedly encountered during ground
-
disturbing activities, work in the immediate area shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qual ifications
Standards for archeology (National Park Service 1983) shall be contacted immediately to evaluate the find. If the find is prehistoric, then a Native American representative should also be contacted to participate in the evaluation of the find. I f necessary, as
determined by the archaeologist in consultation with the City, the evaluation may require preparation of a treatment plan and archaeological testing for California Register of Historical Resources (CRHR) eligibility. If the discovery proves
to be eligible
for the CRHR and cannot be avoided by the modified project, additional work, such as data recovery excavation, may be warranted to mitigate impacts to archaeological resources.
Verify that
if
archaeological artifacts
are encountered during
project construction, all
work in the vicinity of
the find has been halted
until suc
h time as the
find is evaluated
.
As needed during
construction
activities; work
must stop
immediately if
resources are
discovered, and
consultation
initiated as soon
as pra
ctical
.
City of
Hayward
Building
Division
(field
compliance)
and City of
Hayward
Planning
Division
(actions in the
event of
encountering
resources)
Geology and Soils
GEO
-
1: Geotechnical Considerations
The project applicant shall implement all
measures and recommendations set forth in
the Geotechnical Engineering Services Report prepared by Professional Services Industries, Inc., an Intertek company, in January 2018 (included as Appendix D and on file with the City of Hayward). This measure shal
l be implemented for development on
the eastern component of the project site. Recommendations include but are not limited to the following topic areas:
Engineered fill material required at this site shall not contain rocks greater than 3 -
inches in diamete
r or greater than 30 percent retained on the ¾
-
inch sieve,
and shall not contain more than 3 percent (by weight) of organic matter or other unsuitable material. The expansion index for the material shall not exceed 50.
Engineered fill shall be compacted to
at least 90 percent of the maximum dry
density as determined by the modified Proctor (ASTM D1557). The moisture content of engineered fill shall be maintained at approximately 2 percent above or below the material’s optimum moisture content as determined by the same
index during compaction.
Engineered fill shall be placed in maximum lifts of 8
-
inches of loose material.
Each lift of engineered fill shall be tested by a PSI soils technician, working under Verify
that building
plans
for the eastern
component of the site
incorporate all design
and construction criteria
specif
ied in the
2018
geotechnical report
.
All
recommendations
should be included in
the grading and
improvement plans and
building permit plans, as
appropriate.
Once prior to
approval of
grading permit;
periodically
on
-
site
during grading
and construction
;
once after the
installation of roof
gutters
.
City of
Hayward
Building
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
8 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
the direction of a licensed geotechnical engineer, pr
ior to placement of
subsequent lifts.
Properly compacted engineered fill shall extend horizontally outward beyond the exterior perimeter of the foundations a distance equal to the height of fill or 5 feet, whichever is greater, prior to substantial sloping .
Permanent cut or fill slopes shall not exceed 2 Horizontal to 1 Vertical (2H:1V).
Excavations extending below a 1H:1V plane extending down from any adjacent footings shall be shored for safety.
Utilities trenches within the building, pavement, and sidewa lk areas shall be
backfilled with granular engineered fill such as sand, sand and gravel, fragmental rock, or recycled concrete of up to 2 inches maximum size with less than 5 percent passing the No. 200 sieve (washed analysis). Granular backfill shall be placed in lifts and compacted to 95 percent of the maximum dry density as determined by ASTM D 1557. Compaction by jetting or flooding shall not be permitted.
To ensure precipitation is conveyed away from structural foundation, continuous roof gutters shal
l be installed on the proposed industrial building. The roof drains shall be connected to a tight
-
line pipe leading to storm drain facilities. Pavement
surfaces and open space areas shall be sloped such that surface water runoff is collected and routed to
suitable discharge points. Ground surfaces adjacent the building shall be sloped to facilitate positive drainage away from the building.
Landscaped or planted areas shall not be placed within 10 feet of the footings of the proposed building.
Hazards and Hazardous Materials
HAZ
-
1 : Project
Demolition Activities
In conformance with State and local laws, a visual inspection/pre -
demolition survey,
and possible sampling, shall be conducted prior to the demolition of on -
site building(s)
to determine the presence of
asbestos
-
containing materials (ACMs) and/or lead
-
based
paint (LBP). Documentation of the survey shall be provided to the City prior to commencement of demolition activities.
During demolition activities, all building materials containing lead -
based paint s
hall be
removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing lead
-
based paint or coatings shall be d
isposed of
at landfills that meet acceptance criteria for the type of lead being disposed.
All potentially friable asbestos containing materials (ACMs) shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines Verify that inspection or
survey for ACMs and
LBP is performed. Verify
that if present, ACMs
and LBP is removed and
disposed of pursuant to
specified regulatory
requirements.
Applicant is responsible
for providing
confirmation of
inspection prior to
Prior to
the
demolition of
onsite buildings
.
City of
Hayward
Building
Division
and/or
Hayward Fire
Department
–
Hazardous
Materials
Division
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
9 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
pr
ior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.
A registered asbestos
abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above in this mitigation measure. Materials containing more than one
-
percent asbestos are
also subject to Bay Area Air Quality Management
District (BAAQMD) regulations. Removal of materials containing more than one -
percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
Based on Cal/OSHA rules and regulatio
ns, the following conditions shall be
implemented to limit impacts to construction workers:
Prior to commencement of demolition activities, a building survey, including sampling and testing, shall be completed to identify and quantify building materials co
ntaining lead
-
based paint.
During demolition activities, all building materials containing lead -
based paint
shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, CCR, Section 1532.1, including employee training, employee air monitoring and dust control.
Any debris or soil containing lead
-
based paint or coatings shall be disposed of at
landfills that meet acceptance criteria for the type of waste being disposed.
issua
nce of demolition
permit.
HAZ
-
2 a: Implementation of the RMP
The project shall implement the
appropriate handling procedures and worker health
and safety measures during excavating or dewatering activities, as well as the use of an engineered vapor barrier as described in the site
-
specific RMP developed for the
project in 2014. The RMP is an appen
dix to the Phase I ESA. The Phase I ESA is
included as Appendix D to this EIR. Measures included in the RMP to control potential hazardous contamination and exposure include, but are not limited to the following:
Construction contractors shall
implement dust control mitigation measures
during construction activities at the project site to minimize the generation of dust. Examples of dust control measures that shall be implemented include limiting construction vehicles speeds to 5 miles per hour when on
-
site; routinely
applying water to exposed soils while performing excavation activities; and, covering soil stockpiles with plastic sheets at the end of each workday. Additional dust control measures shall be implemented by the selected contractor, as
necessary, especially if windy conditions persist during site grading and excavation. These measures may include moisture, conditioning the soil, using Verify
all applicable
han
dling procedures
and safety measures as
outlined in the RMP
are
implemented.
During the
duration of
construction
.
City of
Hayward
Building
Division
and/or
Engineering
Division
(inspections)
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
10 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
dust suppressants, or covering the exposed soil and stockpiles with weighted plastic sheeting to prev
ent exposure of the soil.
To prevent or minimize construction equipment from tracking polluted spoils off the site onto roadways, construction equipment that contacts soils deeper than 5 -
feet below ground surface shall be decontaminated prior to leaving th e site.
Decontamination methods shall include brushing and/or vacuuming to remove loose dirt on vehicle exteriors and wheels. In the event that these dry decontamination methods are inadequate, methods such as steam cleaning, high pressure washing, and cle
aning solutions shall be used, as necessary, to
thoroughly remove accumulated dirt and other materials. Decontamination activities shall be performed in an on
-
site decontamination facility established by
the contractor.
All project construction workers per
forming construction activities at depths
below 5
-
feet below ground surface in the restricted areas shall adhere to decontamination procedures when exiting the area. Decontamination measures shall include: (a) vacuuming the surface of coveralls, head cover s, and footwear
to remove accumulated soil particles and changing into other clean clothes if practical; (b) vacuuming or washing small tools, hand tools, or personal equipment to remove accumulated soil particles; and, (c) placing work clothes and persona
l equipment in sealed plastic bags or other suitable containers for transportation or on
-
site storage.
In the event that disturbed soil appears to contain contaminants of potential concern (COPCs), such as odors, staining, and/or discoloration, work should
halt
in that area and an environmental professional (EP), such as a geologist, engineer, industrial hygienist, or environmental health specialist with expertise in these matters, shall be called to the site to oversee the work and determine safe construct
ion and soil handling procedures.
Additionally, if contaminated soil
is encountered, the project applicant shall coordinate with the San Francisco Bay Regional Water Quality Control Board and the Alameda County Water District to determ
ine adequate and proper remediation and handling actions.
The EP shall be present on
-
site during excavations greater than 5
-
feet below
ground surface in the restricted areas to observe field conditions and measure hydrocarbon vapors using a hand held photoionization detector (PI D). If PID
readings are measured in a specific area showing concentrations in excess of construction worker screening levels published by the Regional Water Quality Control Board (RWQCB), construction activities in that area shall halt until appropriate ri
sk mitigation measures are implemented. If necessary, HAZWOPER trained personnel shall be called to the site to complete the construction activities in that area.
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
11 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
Soil excavated from deeper than 5
-
feet below ground surface in the restricted
area shall only
be reused on
-
site as backfill after sampling and analysis soil
proves the soil is acceptable to remain on site. Commercial ESLs or concentration
limits established in the
San Francisco Bay Regional Water Quality Control Board
docume
nt titled
Characterization and Reuse of Petroleum Hydrocarbon Impacted Soil and Inert Waste
(2006), whichever is lowest
shall be used as the threshold to
determine if soils may remain on site or require off
-
site disposal. All appropriate
regulator
y sampling methods, holding times, and detection limits shall be followed.
A health and safety plan shall be developed and implemented for project construction that incorporates measures and procedures to minimize direct contact by construction workers wit
h site groundwater, particularly in the
restricted areas. The health and safety plan shall be approved by either the City or the RWQCB, or both as applicable, prior to excavation activities.
If groundwater is encountered within the former remediation area during
construction of the project, as shown on Figure 4 of the RMP, an EP shall be called to the site to determine safe handling procedures. The groundwater shall be pumped into appropriate containers and samples shall be obtained for chemical analysis of
the COPCs in accordance with a site sampling plan and the requirements of the waste disposal facility to which the material is sent.
The
project applicant shall coordinate with the Regional Water Quality Control Board and the Alameda County Water District if possi
ble contaminated groundwater is
encountered
.
If water sample analytical results indicate the water is free of all detectable concentrations of COPCs, such water can be
re
-
used at the site if
deemed appropriate by Alameda County and the RWQCB. If water sample analytical results indicate the water contains concentrations of COPCs above appropriate RWQCB screening levels, such water shall not be re -
used at the site.
The co
ntractor and the EP shall elect to: (a) treat the groundwater on -
site to
render it free of detectable concentrations of COPCs (e.g. by activated carbon filtration); or, (b) transport the groundwater to a local treatment or disposal facility for appropriate
handling.
The proposed industrial building shall be constructed on top of a minimum of a 5 -
foot bioattenuation zone within the restricted areas. This bioattenuation zone shall consist of a minimum of 5
-
feet of soil above the anticipated shallowest
groundw
ater elevation, and the soil shall not contain total petroleum hydrocarbons greater than 100 parts per million.
An engineered vapor barrier shall be employed to further protect against possible vapor intrusion of COPCs into the proposed industrial building . The
vapor barrier shall be designed to meet the needs of building. Vapor barriers are City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
12 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
generally constructed using membranes constructed with high -
density
polyethylene (HDPE) or other polyolefin
-
based resins. The vapor barrier shall be
resistant to VOCs.
The vapor barrier shall meet the American Society for Testing and Materials (ASTM) guideline for a vapor barrier and have a permeance rating of 0.1 perms or less. The thickness and strength of the vapor barrier shall be based on the needs for the building,
but the architect and contractor shall use a
material strong enough to easily withstand the building construction and other building considerations. The selected vapor barrier shall be approved by the RWQCB prior to installation.
HAZ
-
2b
:
Bioretention Design Coordination
The project
applicant shall consult with the City on location and/or design of the on -
site bioretention basins to ensure protection of the groundwater basin, which may include, but is not limited to, locating the basins outside of the restricted areas or use of a line
r in the detention basin. The final design and location of the on -
site
bioretention basins shall demonstrate that groundwater would be protected from contamination.
B
ioretention design and
location
design shall be
included on the
improvement plans and
othe
r plans as
necessary
.
Verify that
design and location
protects groundwater.
Prior to
construction
.
City of
Hayward
Public Works
–
Engineering
HAZ
-
2c
:
Displacement Pier Design and Construction
The project applicant shall retain a
geotechnical engineer to design the displacement
piers for support of the building foundation. The displacement piers shall be designed in a way to prevent creating a preferential pathway between shallow groundwater at approximately 5 feet below ground sur
face and deeper groundwater. The displace
pier design developed by the geotechnical engineer shall be incorporated into project plans prior to commencement of construction. This mitigation measure shall apply to all displacement piers within the restricted
areas or the larger area where benzene
concentrations exceed ESLs, as shown in Figure 4.3
-
2 of the EIR. Additionally, air
-
jetting shall not be used to create the holes for the displacement piers within the restricted areas to avoid bringing subsurface soi
ls to the ground surface.
Verify that displacement
pier design is approved
by a geotechnical
engineer and
incorporated into
project plans
.
Verify
that air jetting is not
used within the
restricted areas.
Details
shall be included on
building permit plans
a
nd reviewed and
approved by Building
and/or Engineering staff
as appropriate.
Prior to
construction
and
during
construction, as
needed, to
confirm air jetting
is avoided in
restricted areas.
City of
Hayward
Public Works
–
Engineering/B
uilding
Division
Transportation
City of Hayward
4150 Point Eden Way
Industrial
Development
Project
Mitigation Monitoring and Reporting Program
13 Mitigation Measure/
Condition of Approval
Monitoring and
Reporting Actions
Monitoring
Timing
Monitoring
Responsibility
Compliance Verification
Initial
Date
Comments
TR
-
1:
Travel Demand Management
The project applicant shall implement at least one of the measures described below:
Voluntary Employer Commute Program:
The project applicant shall encourage
alternative modes of transportation through a program that may include elements such as: a carpool or vanpool program, subsidized or discounted transit passes, bike amenities, commute trip
-reduction marketing, and pre
ferential
parking permit program.
Employer Carpool Program:
The project applicant shall encourage carpooling by
providing ride matching assistance to employees, providing priority parking for carshare vehicles, and providing incentives for carpooling.
The applicant shall provide to the City documentation that at lease one of the above measures is implemented. Documentation shall be provided annually.
Verify that
either a
voluntary employee
commute program or an
employer carpool
program
is
implemented.
Applicant
is responsible to
reporting to City.
Once annually
commencing with
building
occupancy
.
City of
Hayward
Public Works
–
Engineering
and
Transportatio
n Division.
Tribal Cultural Resources
TCR
-
1 : Unanticipated
Discovery of Tribal Cultural Resources
In the event that cultural resources of Native American origin are identified during construction, all earth disturbing work within the vicinity of the find must be temporarily suspended or redirected until an archae
ologist has evaluated the nature
and significance of the find and an appropriate Native American representative, based on the nature of the find, is consulted. If the City determines that the resource is a tribal cultural resource and thus significant unde
r CEQA, a mitigation plan shall be
prepared and implemented in accordance with state guidelines and in consultation with Native American groups. The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall
outline the appropriate
treatment of the resource in coordination with the archeologist and the appropriate Native American tribal representative.
Verify that in the event
that cultural artifacts of
Native American origin
are encountered during
project co
nstruction, all
work in the vicinity of
the find has been halted
until such
time as the
find is evaluated
.
As needed during
construction
activities; work
must stop
immediately if
resources are
discovered, and
consultation
initiated as soon
as practical
.
Ci
ty of
Hayward
Building
Division
(field
compliance)
and City of
Hayward
Planning
Division
(actions in the
event of
encountering
resources)