Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 1 February 2025
EXHIBIT “B”
Mitigation Monitoring and Reporting Program
Northern Gateway Logistics Center
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 2 February 2025
SECTION 1: AUTHORITY
This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to Section 21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.) Sections 15091(d) and 15097 to ensure implementation of and provide for the monitoring of mitigation measures required of the Northern Gateway Logistics Center (Project), as set forth in the Final Environmental Impact Report (EIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Menifee (City).
As noted in the EIR, the Project has been designed to avoid sensitive resources, as reflected in Project design plans and in Project design features. In addition, the EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project.
The City is the lead agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third- party monitor. However, as the lead agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program.
SECTION 2: MONITORING SCHEDULE
Prior to construction, while detailed design plans are being prepared by the developer or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports.
Once construction has been completed, the City will monitor the project as specified in the mitigation measures or as otherwise deemed necessary. At minimum, the City will prepare a mitigation monitoring status report prior to commencing construction, prior to commencing operations, within 90 days of commencing operations, and following completion of the first full year of operations.
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 3 February 2025
SECTION 3: SUPPORT DOCUMENTATION
Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Mitigation Monitoring and Reporting Program and shall be made available to the public upon request.
SECTION 4: FORMAT OF MITIGATION MONITORING MATRIX
The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementation and monitoring agencies.
SECTION 5: DEFINITIONS
The following list provides definitions for acronyms used in the mitigation monitoring and reporting program.
Acronyms/Abbreviation ...........Description
AQ ..............................Air Quality
BIO .............................Biological Resources
BMP............................Best Management Practice CARB ..........................California Air Resources Board CDFW .........................California Department of Fish and Wildlife CEQA ..........................California Environmental Quality Act City .............................City of Menifee
County........................County of Riverside
CUL.............................Cultural Resources
EV ...............................Electric Vehicle
GEO ............................Geology and Soils
HAZ.............................Hazards
MM ............................Mitigation Measure
Moyer Program..........Carl Moyer Memorial Air Quality Standards Attainment Program
MSHCP .......................Multiple Species Habitat Conservation Plan PRD.............................Permit Registration Documents PRIMP.........................Paleontological Resource Mitigation Program SCAQMD ....................South Coast Air Quality Management District SMARTS......................Storm Water Multiple Application and Report Tracking System
SWPPP........................Stormwater Pollution Prevention Plan State...........................State of California
TDM ...........................Transportation Demand Management VIP..............................Voucher Incentive Program WAIRE ........................Warehouse Actions and Investments to Reduce Emissions Program
WQMP........................Water Quality Management Plan Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 4 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
BIOLOGICAL RESOURCES
MM BIO-1: If grading or construction activities, including vegetation removal, occurs between February 1 to August 31, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The Project Applicant shall ensure that impacts to nesting bird species at the Project site and off-site improvement areas are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Applicant shall adhere to the following:
a. Applicant shall designate a biologist (Designated Biologist) experienced in identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
b. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance- free buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. c. If an active nest is confirmed during the preconstruction clearance survey, the Designated Biologist shall immediately establish a Project Applicant Prior to ground
disturbance
activities or any
vegetation removal
Biological Monitor;
City of Menifee Community
Development Department
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 5 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
conservative avoidance buffer surrounding the nest (generally 300 feet for migratory and non-migratory songbirds and 500 feet raptors and special-status species) based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest) or the nest otherwise becomes inactive under natural conditions. The on-site qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to City for mitigation monitoring compliance record keeping.
MM BIO-2: The Project Developer shall retain a qualified biologist to conduct a 30-day preconstruction survey for burrowing owl. The results of the single one-day survey shall be submitted to the City prior to obtaining a grading permit. If at any time there is a lapse of Project activities for 30 days or more, another burrowing owl survey shall be conducted and submitted to the City.
If burrowing owl are not detected during the preconstruction survey, no further mitigation is required. If active burrowing owl burrows are detected during the breeding season, the on-site biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and approved by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established Project Applicant Prior to ground
disturbance
activities; Prior to
issuance of grading
permit
Biological Monitor;
City of Menifee Community
Development Department;
CDFW (if active burrowing owl
burrows are detected during
the breeding season)
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 6 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
around the active nest and shall not resume construction activities until the nest is no longer active. The Burrowing Owl Plan shall be prepared in accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.
GEOLOGY AND SOILS
MM GEO-1: During construction activity, special care shall be given to moisture conditioning of all slab subgrade to 100 percent of optimum moisture content to a minimum depth of 12 inches prior to trenching.
Project Applicant;
Project geotechnical
consultant; General
During construction
activity
City of Menifee Engineering
Department
MM GEO-2: Prior to issuance of grading permits, the Applicant/Developer will retain a qualified paleontologist to create and implement a Paleontological Resource Mitigation Program (PRIMP). The project paleontologist would review the grading plan and conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements, to be documented in the PRIMP. The PRIMP would be submitted to the City for review and approval prior to issuance of a grading permit. Information contained in the PRIMP shall minimally include:
1. Description of the project site and proposed grading operations.
2. Description of the level of monitoring required for earth-moving activities.
3. Identification and qualifications of the paleontological monitor to be employed during earth moving.
4. Identification of personnel with authority to temporarily halt or divert grading to allow recovery of large specimens.
5. Direction for fossil discoveries to be reported to the developer and the City.
6. Means and methods to be employed by the paleontological monitor to quickly salvage fossils to minimize construction delays.
7. Sampling methods for sediments that are likely to contain small fossil remains, if any.
8. Procedures and protocol for collecting and processing of samples and specimens, as necessary.
9. Fossil identification cataloged and curated into the permanent collections of a scientific institution.
Project Applicant;
Qualified
Paleontological
Prior to issuance of
grading permit
City of Menifee Community
Development Department
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 7 February 2025
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 7 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
10. Identification of the repository to receive fossil material.
11. All pertinent maps and exhibits.
12. Procedures for reporting of findings.
13. Acknowledgment of the developer for content of the PRIMP and acceptance of financial responsibility for monitoring, reporting, and curation.
GREENHOUSE GAS EMISSIONS
MM GHG-1: Prior to the issuance of a building permit or tenant occupancy permits, the City of Menifee Building and Safety Division shall confirm that the Project does not include conveyance of natural gas utility lines. The purpose of this mitigation measure is to reduce GHG emissions from natural gas.
Project Applicant Prior to issuance of
building permit or
tenant occupancy
permits
City of Menifee Building and
Safety Division
MM GHG-2: All outdoor cargo handling equipment (such as yard trucks, hostlers, yard goats, pallet jacks, and forklifts) shall be zero emission (i.e., powered by electricity or other alternative fuels). The warehouse buildings shall include the necessary charging stations for cargo handling equipment. The building manager or their designee shall be responsible for enforcing these requirements.
Project Applicant Prior to issuance of
building permit
Project Owner and/or
operator; City of Menifee
Building and Safety Division
and Community Development
Department
HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: Soil Management Plan (SMP). Prior to issuance of a grading permit or trenching or subsurface excavation for utilities or roadway infrastructure, the Master Developer, or Site Developer shall retain a qualified environmental professional to prepare a SMP that details procedures and protocols for on-site management of soils containing potentially hazardous materials. The purpose of the SMP is to outline protocol for ensuring the proper handling and/or disposal of impacted soil and/or subsurface features of concern that may be encountered during site development. The SMP shall be submitted to the City’s (Engineering Department) for review and approval prior to commencement of trenching or subsurface excavation for utilities or roadway infrastructure. The SMP shall include, but not be limited to:
Land use history, including description and locations of known contamination;
The nature and extent of previous investigations and remediation at the site;
Identified areas of concern at the site, in relation to proposed activities; Project Applicant;
Qualified
Environmental
Professional
Prior to issuance of
grading permit and
ground disturbing
activity.
City of Menifee Engineering
Department
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 8 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
A listing and description of institutional controls, such as applicable City ordinances and other local, state, and federal regulations and laws that would apply to the project;
Names and positions of individuals involved with soils management and their specific role;
An earthwork schedule;
Requirements for site-specific Health and Safety Plans (HSPs) to be prepared by all contractors at the project site. The HSP should be prepared by a Certified Industrial Hygienist and would protect on-site workers by including engineering controls, personal protective equipment, monitoring, and security to prevent unauthorized entry and to reduce construction related hazards. The HSP should address the possibility of encountering subsurface hazards including hazardous waste contamination and include procedures to protect workers and the public; Hazardous waste determination and disposal procedures for known and previously unidentified contamination, including those associated with any soil export activities, if applicable;
Requirements for site specific techniques at the site to minimize dust, manage stockpiles, run-on and run-off controls, waste disposal procedures, etc; and
Copies of relevant permits or closures from regulatory agencies.
HYDROLOGY AND WATER QUALITY
MM HYD-1: Prior to commencing grading, the Project Applicant shall comply with applicable construction water quality regulations including the National Pollutant Discharge Elimination System (NPDES) General Construction Permit, which shall be obtained from the Regional Water Quality Control Board (RWQCB). This process requires that the applicant electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Stormwater Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person, and the first annual fee.
The required SWPPP must be submitted to the City of Menifee Engineering Department for review and approval, identifying specific actions and Best Project Applicant Prior to grading
activities
City of Menifee Engineering
Department; RWQCB
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 9 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall include but not be limited to the following elements:
A. Compliance with the requirements of the State of California’s most current Construction Stormwater Permit.
B. Temporary erosion control measures shall be implemented on all disturbed areas.
C. Disturbed surfaces shall be treated with erosion control measures during the October 15 to April 15 rainy season.
D. Sediment shall be retained on-site by a system of sediment basins, traps, or other BMPs.
E. The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains.
F. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.
G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.
H. Prior to the issuance of the first grading permit, the Project applicant shall submit the Final Tentative Parcel Map that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Menifee Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.
Northern Gateway Logistics Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program City of Menifee 10 February 2025
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM HYD-2: The Project Applicant shall prepare a Final Project-Specific Water Quality Management Plan (WQMP) with operations and maintenance (O&M) Plan for submittal together with the associated grading and improvement plans which must be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City of Menifee Engineering Department, including the following:
Site Design Best Management Practices (BMPs)
Source Control BMPs
Treatment Control BMPs
BMP Sizing
Equivalent Treatment Control Alternatives
Regionally-Based Treatment Control BMPs
O&M Responsibility for Treatment Control
BMPs
Project Applicant Prior to the
issuance of a
building and
grading permits
City of Menifee Engineering
Department