Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting Program (MMRP) was formulated based on the findings in the Initial Study/Mitigated Negative Declaration (IS/MND) for the Napa Glamping Campground (project). The MMRP is in compliance with Section 15097 of the California Environmental Quality Act (CEQA) Guidelines, which requires that the lead agency “adopt a program for monitoring or reporting on the revisions which it has required in the project a nd the measures it has imposed to mitigate or avoid significant environmental effects.” The MMRP lists mitigation measures recommended in the IS/MND and identifies mitigation monitoring and reporting requirements. These requirements are provided only for mitigation measures that would reduce or avoid significant impacts of the proposed project.
The table below presents the mitigation measures identified for the proposed project. Each mitigation measure is identified by the first three letters of the topical section to which it pertains, followed by a hyphen and measure number, which indicate the order that the mitigation measure is listed in the topical section. For example, Mitigation Measure BIO -1 is the first mitigation measure identified in Biological Resources section (Section 2.4.4) of the IS/MND.
The first column of the table provides the mitigation measures identified in the IS/MND. The column entitled “Party Responsible for Implementing Action” identifies the party responsible for carrying out the required action(s). The columns entitled “Party Responsible for Monitoring” and “Timing” identify the party ultimately responsible for ensuring that the mitigation measure is implemented and the approximate time frame for the oversight agency to ensure implementation of the mitigation measure, respectively.
ATTACHMENT 1
EXHIBIT A
Mitigation Measures Party Responsible
for Implementing
Action
Party Responsible
for Monitoring
Timing
Biological Resources
BIO-1: Qualified Biologist. To prevent inadvertent disturbance to areas outside the limits of construction, all activities shall be monitored by an approved biologist. Prior to the start of construction, the City of Napa shall retain a qualified biological monitor who shall be on site during clearing, grubbing, trenching, and/or initial ground disturbance. The qualified biologist shall attend all pre-construction meetings and monitor all clearing, grubbing, trenching, and/or initial ground disturbance activities on the project site. The qualified biologist shall monitor these activities to ensure compliance with the appropriate standard conditions and mitigation measures, including the following:
1. Resource Marking/Protection: Prior to clearing and grading operations or other activities involving significant soil disturbance, the construction contractor shall install fencing (solid silt fencing) along the perimeter of the construction area, 6 inches below grade and 3 feet above grade, with wooden stakes at intervals of not more than 12 feet. Prominently colored, well-installed fencing or flagging and signage shall be in place wherever the limits of grading are adjacent to sensitive vegetation communities or other biological resources, as identified by the qualified biologist. Fencing/flagging shall remain in place and be maintained to ensure proper functioning throughout the duration of construction, and shall be shown on grading plans. No construction access, parking, or storage of equipment or materials shall be permitted outside the marked construction perimeter.
2. Worker Environmental Education Program: A worker environmental education program shall be implemented for all workers and subcontractors and shall include a description of environmental restrictions relevant to construction and the penalties for violations. A chain of command and protocol for co mmunicating problems or potential construction changes that may affect biological resources shall be established with the contractor and the City of Napa. Workers shall be made aware of the sensitive resources requir ing protection using photographs or on -the-ground demonstrations. Specifically, the training shall include a description of California red-legged frog and its habitat, as well as measures to protect the species.
3. Tree Clearance Survey: Prior to the issuance of any permit to allow for the removal or demolition of trees within the project impact area, the qualified monitoring biologist shall Project Biologist Project Biologist; City of
Napa
Prior to the start of
construction for
retaining a qualified
biologist; ongoing
monitoring during
construction; fencing
or flagging prior to
clearing or grading
operations or other
activities involving
significant soil
disturbance; worker
environmental
education program
prior to activities
involving significant
soil disturbance; tree
clearance survey prior
to the issuance of any
permit to allow for the
removal or demolition
of trees within the
project impact area;
flushing of wildlife
species prior to brush
clearing and initial
ground disturbance
activities; preparation of
tree removal permits
prior to approval of
required permits; daily
monitoring of cover
and/or escape routes
for wildlife from
excavated areas.
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EXHIBIT A
conduct clearance surveys to flush out any wildlife species nesting, roosting, or otherwise occupying the trees or structures. If wildlife species are encountered within any of the trees or structures (outside the general bird nesting season), the qualified monitoring biologist shall remove them, if possible, or provide them with a means of escape and allowed the species to disperse. For measures specific to nesting birds and tree-roosting bats, Mitigation Measures BIO-3, General Bird Breeding Season Survey s, and BIO -5, Roosting Bats, shall be implemented.
4. Vegetation Clearing and Initial Ground Disturbance: The qualified biologist shall be on site during any clearing of natural vegetation (i.e., trees, shrubs, or annual ground cover) and initial ground disturbance. The qualified biologist shall flush wildlife species (i.e., bird or other mobile species) from occupied habitat areas immediately before brush clearing and initial ground disturbance activities. The qualified biologist shall be authorized to halt all associated project activities that may impact sensitive wildlife species.
5. Stormwater Pollution Prevention Plan Compliance: The qualified biologist shall periodically monitor construction activities throughout construction to verify that the construction site is implementing the Stormwater Pollution Prevention Plan prepared for the project and the following best management practices:
a. Dust-control fencing
b. Removal of construction debris and a clean work area c. Covered trash receptacles that are wildlife- and weather-proof d. Prohibition of pets on the construction site
e. Maintenance of a speed limit of 15 miles per hour
f. Use of water truck to spray vegetated areas in dust drift radius to prevent accumulation of dust
6. Protected Native Tree Program Compliance: The qualified biologist shall review the specific species and sizes of trees required to be removed for the project. The qualified biologist shall prepare the appropriate application(s) for permit(s) to be approved by the Director of the Parks & Recreation Services Department and shall include a plan describing each protected native tree on the property, its species, size, drip line area, and location.
The location of all other trees on the site and in the adjacent public right -of-way and trees located on adjacent property with drip lines over the property shall be shown on the plan and identified by species. The qualified biologist shall include such other information as the Director of the Parks & Recreation Services Department may determine is necessary to ATTACHMENT 1
EXHIBIT A
further the purposes of the City’s Protected Native Tree Program including, but not limited to, photographs and arborist reports.
7. Cover Trenches: Construction personnel shall ensure that cover and/or escape routes for wildlife from excavated areas are provided daily. All steep trenches, holes, and excavations during construction shall be covered at night with backfill, plywood, metal plates, or othe r means, and if plastic sheeting is used, the edges must be covered with soils such that small wildlife cannot access the excavated hole. Soil piles shall be covered at night to prevent wildlife from burrowing in. The edges of the sheeting shall be weighed down by sandbags.
These areas may also be fenced to prevent wildlife from gaining access. Exposed trenches, holes, and excavations shall be inspected twice daily (i.e., each morning and before sealing the exposed area) by the qualified bio logist to monitor for wildlife entrapment. Excavations shall provide an earthen ramp to allow for a wildlife escape route. The qualified biologist shall verify each day that the contractor has covered all steep-walled trenches or excavations prior to the end of construction. If wildlife species are encountered within any trenches or excavated areas, the qualified biologist shall remove them, if possible, or provide them with a means of escape (e.g., a ramp or sloped surface at no greater than a 30-degree angle) and allow them to disperse. In addition, the qualified biologist shall provide training to construction personnel to increase awareness of the possible presence of wildlife beneath vehicles and equipment and to use best judgment to avoid killing or in juring wildlife (refer to item 2 in Mitigation Measure BIO-2).
BIO-2: Aquatic Species: California Red-legged Frog and Western Pond Turtle Avoidance and Protection. To avoid unlawful “take” of California red-legged frog or western pond turtle, the following California red-legged frog avoidance and protection measures shall be implemented prior to and during project construction activities:
1. Prior to the start of construction, the City of Napa shall retain a qualified biologist approved by U.S. Fish and Wildlife Service and California Department of Fish and Wildlife to monitor for California red-legged frog and western pond turtle.
2. Within one week prior to any construction activities, preconstruction surveys shall be performed by a qualified biologist within the project site and any staging areas (including a 50-foot buffer) to determine whether western pond turtles or active western pond turtle nests are present. If active nests are present, they shall be flagged and avoided until the eggs have hatched or they are no longer active, as determined by the qualified biologist.
Project Biologist Project Biologist; City of
Napa; CDFW, if
necessary
Preconstruction survey
within one week prior to
any construction
activities; daily morning
checks of the
exclusionary fencing
and work area
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EXHIBIT A
To avoid impacts to western pond turtle, construction shall not occur within 50 feet of an active nest site (burrow).
3. Prior to initial ground disturbance, the California red-legged frog approved biologist shall confirm the areas to be protected with exclusion fencing (requirements specified in item 1 in Mitigation Measure BIO -1) are adequate to prevent California red -legged frog and western pond turtle from entering the construction site. This fencing will be maintained throughout the duration of construction. The integrity of the exclusion fencing will be checked daily by the qualified monitoring biologist. Additionally, the qualified monitoring biologist shall check the work area every morning before construction begins to ensure that no California red-legged frogs or western pond turtles are within the exclusion area.
4. If feasible, construction activities in and adjacent to the aquatic resources shall take place during the dry season and before the first rain of the season, especially vegetation removal.
5. Work during the nighttime or rain events when California red-legged frog is generally more active shall be avoided to the greatest extent feasible. Weather forecasts from the National Weather Service shall be consulted at least 72 hours prior to performing work during the wet season.
6. During vegetation removal in or adjacent to the aquatic resources, with the authorization of the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife, the California red -legged frog approved biologist shall be present (or on call) to relocate California red-legged frog or western pond turtle as needed. The California red-legged frog approved biologist shall have the authority to stop work that may result in the “take” of California red-legged frog or western pond turtle . The biologist shall thoroughly check all vegetation for California red-legged frog and western pond turtle prior to vegetation removal activities.
7. The California red-legged frog approved biologist or construction monitor shall check under all equipment for California red -legged frog and other wildlife before use. If any California red-legged frog or western pond turtle are observed under equipment or within the work area, the California red-legged frog approved biologist shall relocate it to suitable habitat outside of the construction site.
8. If a California red legged frog or western pond turtle individual or nest is observed in the impact area, construction activities shall stop until the qualified monitoring biologist establishes an appropriate buffer, or the species is no longer in the impact area. A qualified biologist (with California red-legged frog and pond turtle trapping/handling experience and ATTACHMENT 1
EXHIBIT A
holding a CDFW Scientific Collecting Permit) may relocate California red-legged frogs and western pond turtles to an appropriate nearby location if necessary. Relocation areas shall be approved by CDFW prior to relocation of any California red -legged frogs or western pond turtles.
BIO-3: General Bird Breeding Season Surveys and Swainson’s Hawk Avoidance and Protection.
No grubbing, trimming, or clearing of vegetation from the project site shall occur during the raptor and bird breeding season (January 15 through September 1). If grubbing, trimming, or clearing of vegetation cannot feasibly occur outside the general bird breeding season, a qualified biologist shall perform a pre- construction nesting bird survey no more than 72 hours prior to the start of vegetation grubbing, trimming, or clearing to determine if active bird nests are present in the project site. If project activities are scheduled during the nesting season for Swainson’s hawks (March 1 to September 15), prior to beginning work on the project, a qualified biologist shall conduct surveys according to the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83990&inline) and prepare a report documenting the survey results. Survey methods shall be closely followed by starting early in the nesting season (late March to early April) to maximize the likelihood of detecting an active nest (nests, adults, and chicks are more difficult to detect later in the growing season because trees become less transparent as vegetation increases). Surveys shall be conducted: 1) within a minimum 0.5-mile radius of the project site or a larger area if needed to identify potentially impacted active nests, unless otherwise approved by CDFW in writing, and 2) for at least the two survey periods immediately prior to initiating project-related construction activities, unless otherwise approved in writing by CDFW. Surveys shall occur annually for the duration of construction. The project applicant shall obtain CDFW’s written approval of the qualified biologist and survey report prior to starting construction activities between March 1 and September 15. The qualified biologist shall have a minimum of two years of experience implementing the survey methodology resulting in detections.
If active Swainson’s hawk nests are detected, the qualified biologist shall immediately notify CDFW and implement a 0.5-mile construction avoidance buffer around the nest until the nest is no longer active as determined by a qualified biologist, unless otherwise approved in writing by CDFW, or unless other alternatives for on-site mitigation are identified subject to the written approval of CDFW. Should an active bird nest of other species be located, the qualified biologist shall establish a buffer and direct vegetation clearing or other construction activities away from the nest until it has been determined that the young have fledged or the nest has failed. If no nesting birds (including nest building or other breeding or nesting behavior) are in the construction area, grubbing, trimming, or clearing shall proceed.
Project Biologist Project Biologist; City of
Napa; CDFW, if
necessary
No grubbing, trimming,
or clearing of vegetation
from the project site
during the raptor and
bird breeding season
(January 15 through
September 1); pre-
construction survey no
more than 72 hours
prior to the start of
vegetation grubbing,
trimming, or clearing.
Prior to beginning work
on the project if project
activities are scheduled
during the nesting
season for Swainson’s
hawks (March 1 to
September 15); Survey
methods starting early in
the nesting season (late
March to early April);
Obtain CDFW’s written
approval of the type and
amount of credits prior
to purchasing the credits
and provide the Bill of
Sale for the credit
purchase to the lead
agency and CDFW prior
to construction start.
ATTACHMENT 1
EXHIBIT A
Any detected nesting Swainson’s hawk shall be monitored by the qualified biologist to ensure it is not disturbed during construction activities, unless otherwise approved in writing by CDFW. If take of Swainson’s hawk cannot be avoided, the project applicant shall consult with CDFW pursuant to the California Endangered Species Act and obtain an Incidental Take Permit before project activities may commence.
If nesting Swainson’s hawk are detected within 0.5 miles of the project site, the project applicant shall purchase Swainson’s hawk foraging habitat credits from a CDFW-approved mitigation bank at a 1:1 mitigation to impact ratio, unless otherwise approved in writing by CDFW. The project applicant shall obtain CDFW’s written approval of the type and amount of credits prior to purchasing the credits and provide the Bill of Sale for the credit purchase to the lead agency and CDFW prior to construction start.
BIO-4: Sensitive Vegetation Communities and Jurisdictional Aquatic Resources Mitigation. Any direct impacts to sensitive vegetation communities or jurisdictional aquatic resources would require mitigation to comply with state and/or federal authorizations, in accordance with the minimum ratios described in the following table (Mitigation Rati os for Potential Impacts to Sensitive Vegetation Communities and Jurisdictional Aquatic Resources within the Project Impact Area), as well as the ratios defined in any state and/or federal permit(s) issued for the project. • Non-vegetated channel (USACE / RWQCB / CDFW) – 2:1 minimum ratio • Vernal Marsh (USACE / RWQCB / CDFW) – 2:1 minimum ratio • Coast Live Oak Woodland (CDFW) – 1:1 minimum ratio
Potential direct impacts to sensitive vegetation communities, including jurisdictional aquatic resources, resulting from project implementation shall be mitigated through the acquisition of mitigation bank credits via a resource agency-approved mitigation site within the Napa River Watershed or by acquisition of other approved off-site mitigation credits. Prior to implementation of project construction impacts that would require compensatory mitigation, documentation demonstrating the availability of mitigation credits (i.e., credit ledger) at the approved mitigation site must be submitted to the City of Napa for confirmation.
Project Biologist City of Napa Prior to implementation
of project construction
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EXHIBIT A
BIO-5: Roosting Bats. An evening exit count survey should be conducted for the coast live oaks and other trees in the project impact area prior to removal due to the presence of suitable roosting habitat for sensitive tree-roosting bats. It is recommended that the single exit count survey be conducted within a 14-day window prior to tree removal starting at 30 minutes before sunset and ending 1 hour after sunset. If bats are observed exiting the coast live oak woodland impact area, then a suitable mitigation plan to humanely exclude the bats from trees planned for removal would be recommended. Such a plan may also involve providing alternative bat roosting habitat in the form of artificial bat houses on or near the site.
Additionally, if tree-roosting bat species that are difficult to detect (i.e., western red bat) are suspected, then prior to the removal of trees in the project impact area, a qualified biologist shall conduct clearance surveys to attempt to flush out any roosting bat species in trees. This shall include tapping on the trees to encourage the bats to flush and exit. To allow any that have not been flushed to escape, tree removal shall start slowly by gently pushing the tree over with heavy equipment. Smallest trees should be pushed over or removed first, or the lowest branches on large trees should be cut first to give roosting bats a chance to escape unharmed.
Project Biologist Project Biologist; City of
Napa
Prior to tree removal
activities
ATTACHMENT 1
EXHIBIT A
BIO-6: Aquatic Resources Permitting. Prior to the issuance of land development permits, including clearing or grubbing and grading permits that impact potentially jurisdictional waters of the United States and state, the project applicant shall obtain regulatory permits from the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) under Sections 401 and 404 of the federal Clean Water Act, Porter-Cologne Water Quality Act, and Section 1602 of the California Fish and Game Code. This includes potential impacts to streams and riparian habitat including, but not limited to, impacts resulting from tree removal, vegetation removal, land clearing, and construction activities. Impacts to the streams and riparian habitat shall be mitigated by restoring a minimum 3:1 ratio in area and linear feet for permanent impacts, all temporary impact areas shall be restored, and trees shall be replaced at an appropriate ratio based on size and species, unless otherwise approved in writing by the USACE, RWQCB, and/or CDFW.
Regulatory agency permits would include compensatory mitigation for impacts and a Compensatory Mitigation Plan prior to the start of construction that would ensure that no net loss of resources would result from implementation of the project. Compensatory Mitigation Plan shall be prepared to the satisfaction of the City of Napa, U.S. Army Corps of Engineers USACE, Regional Water Quality Control Board RWQCB, and/or California Department of Fish and Wildlife CDFW for impacts prior to the start of construction. The Compensatory Mitigation Plan shall include, at a minimum, an implementation plan, estimated completion time, and any relevant contingency measures.
Areas under the jurisdictional authority of the U.S. Army Corps of Engineers USACE, Regional Water Quality Control Board RWQCB, and California Department of Fish and Wildlife CDFW shall be delineated on all grading plans. Jurisdictional aquatic resources outside of the project impact area shall be flagged for avoidance, consistent with Mitigation Measure BIO-1.
Project Biologist City of Napa; USACE;
RWQCB; and/or CDFW
Prior to the issuance of
land development
permits
ATTACHMENT 1
EXHIBIT A
BIO-7: Wildlife Corridors Avoidance. Prior to the completion of construction activities, the construction contractor, with guidance from the qualified biologist, shall install permanent avoidance fencing along the perimeter of the project site. The fencing shall consist of materials and design that would not limit wildlife movement through the area (i.e., split-rail fencing). The installation of visual/physical barriers (such as appropriate native vegetation) may also be installed to discourage human encroachment into undeveloped areas outside the project site. A qualified biologist or restoration ecologist familiar with native plant species must review and approve of any plant species proposed to be installed for this purpose. In addition, educational signage shall be posted at a minimum of 100-foot intervals along the perimeter fencing that identifies the areas outside the park as important wildlife movement corridors and entry by humans or pets is prohibited. The perimeter fencing and signage shall remain in place and be maintained in perpetuity by the project applicant with oversight by the City of Napa.
Construction contractor;
Project Biologist
Project Biologist; City of
Napa
Review and approval of
plant species proposed
to be installed prior to
installation of
visual/physical barriers;
Installation of fencing
prior to the completion
of construction activities
Cultural Resources
CUL-1: Archaeological and Tribal Monitoring Program. Prior to grading permit issuance, grading and excavation activities, and building permit issuance, the project applicant shall hire a City-approved archaeologist (Project Archaeologist) archaeologist to perform archaeological monitoring before, during, and after construction and a potential data recovery program during all earth-disturbing activities. The project applicant shall also retain a Tribal Monitor from the Yocha Dehe Wintun Nation to perform tribal monitoring during all earth-disturbing activities. If verified, an archaeological and tribal monitoring and recovery program shall be completed consisting of the following measures, which shall be included on project grading plans to the satisfaction of the City of Napa’s Planning Department:
• Project Archaeologist: The Project Archaeologist is to be on site during earth -disturbing activities. The frequency and location of monitoring of native soils and the cutting of previously disturbed deposits will be determined by the Project Archaeologist. The Project Archaeologist monitor will evaluate fill soils to ensure that they are negative for cultural resources.
• Tribal Monitor: The Tribal Monitor shall be present during all grading and other earthwork activities. However, if progress is made on site, and it is clear that the likelihood of a resource being uncovered is minimal, the Tribal Monitor may decide that they would no longer need to be on site, but available in the event a potential resource is later uncovered.
Project Archaeologist;
Yocha Dehe Wintun
Nation Tribal Monitor
City of Napa Obtain Project
Archaeologist prior to
grading permit
issuance, grading and
excavation activities,
and building permit
issuance; monitoring by
Tribal Monitor and
Project Archaeologist
during all earth-
disturbing activities;
sensitivity training prior
to any ground
disturbance activities;
monthly reporting; final
report following project
construction
ATTACHMENT 1
EXHIBIT A
• Sensitivity Training. The Project Archaeologist and Tribal Monitor shall ensure that all on- site construction workers receive cultural sensitivity training from the Tribal Monitor prior to any ground disturbance activities.
• Inadvertent Discoveries. In the event that previously unidentified potentially significant cultural resources are discovered:
− The Project Archaeologist has the authority to divert or temporarily halt ground disturbance operations in the area of the discovery to allow evaluation of potentially significant cultural resources.
− At the time of discovery, the Project Archaeologist shall contact the City and culturally affiliated Tribes as identified in the Treatment Agreement and Preservation Plan. − All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the Developer, the Project Archaeologist, and the Tribal representative(s) (as necessary) to discuss the significance of the find. Optionally, the City Archaeologist may attend the meeting to discuss the significance of the find.
Construction activities shall not resume in the area of discovery until an agreement has been reached by all parties as to appropriate mitigation. Work shall be allowed to continue outside of the buffer area and shall be monitored.
− Isolates and clearly non-significant deposits shall be minimally documented in the field. The isolates and/or non -significant deposits shall be reburied on site as identified in the Treatment Agreement and Preservation Plan.
− Treatment and avoidance of the newly discovered resources shall be consistent with the Treatment Agreement and Preservation Plan entered into with the appropriate Tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or reburial on the project property so they are not subject to further disturbance in perpetuity. − If cultural resources are identified, one or more of the following treatments, in order of preference, shall be employed:
▪ Preservation in place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in place where they were found with no development affecting the integrity of the resources. ▪ Reburial of the resources on the project property. The measures for reburial shall include, at least, the following:
ATTACHMENT 1
EXHIBIT A
o Measures and provisions to protect the future reburial area from any impacts in perpetuity.
o Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with the exception that sacred items, burial goods, and Native American human remains are excluded.
o Any reburial process shall be culturally appropriate. o Listing of contents and location of the reburial shall be included in the confidential appendix of the Monitoring Report.
o The Monitoring Report shall be filed with the County under a confidential cover and is not subject to Public Records requests. ▪ If preservation in place or reburial is not feasible, a Research Design and Data Recovery Program shall be prepared by the Project Archaeologist in consultation with the culturally affiliated Tribe(s) and approved by the County Archaeologist prior to imple mentation. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Monitoring Report. • Human Remains. Upon identification of human remains, the Property Owner or their representative shall contact the County Coroner and the City Archaeologist. No further disturbance shall occur in the area of the find until the County Coroner has made the necessary findings as to origin. If the human remains are to be taken off site for evaluation, they shall be accompanied by an appropriate Native American monitor. − If the remains are determined to be of Native American origin, the Native American Heritage Commission shall immediately contact the most likely descendant. − The immediate vicinity where the Native American human remains are located is not to be damaged or disturbed by further development activity until consultation with the most likely descendant regarding their recommendations as required by Public Resources Code, Section 5097.98, has been conducted.
− The most likely descendant may, with the permission of the landowner, or their authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated ATTACHMENT 1
EXHIBIT A
grave goods. The descendants shall complete their inspection and make recommendations or preferences for treatment within 48 hours of being granted access to the site. ▪ Public Resources Code, Section 5097.98; CEQA Guidelines, Section 15064.5, and California Health and Safety Code, Section 7050.5, shall be followed in the event that human remains are discovered.
• Tribal Cultural Resources. Tribal monitoring would be required during project construction activities. If Tribal Cultural Resources are discovered, the Project Archaeologist and Tribal Monitor shall conduct consultation with culturally affiliated Tribes to determine the most appropriate mitigation. Should the two parties not be able to reach consensus, then the City Archaeologist shall consider the concerns of the culturally affiliated Tribe and the Project Archaeologist, and the Planning Division – Community Development Director shall make a final decision regarding appropriate mitigation.
• Fill Soils. The Project Archaeologist shall evaluate fill soils to determine that they are clean of cultural resources.
• Monthly Reporting. The Project Archaeologist shall submit monthly status reports to the Planning Division – Community Development Director starting from the date of the Notice to Proceed to termination of implementation of the Archaeological and Tribal Monitoring Program. The report shall briefly summarize all activities during the period and the status of progress on overall plan implementation. Upon completion of the implementation phase, a final report shall be submitted describing the plan compliance pr ocedures and site conditions before and after construction.
• Monitoring Report. Upon completion of Rough Grading, a monitoring report shall be prepared identifying whether resources were encountered. A copy of the Monitoring Report shall be provided to the Northwest Information Center and any culturally affiliated Tribe who requests a copy. Archaeological monitoring logs showing the date and time that the monitor was on site must be included in the Monitoring Report.
• Final Report. A final report shall be prepared substantiating that earth-disturbing activities are completed and whether cultural resources were encountered. A copy of the final report shall be submitted to the Northwest Information Center, and any culturally affiliated Tribe who requests a copy.
• Cultural Material Conveyance. Evidence that all Native American cultural materials in order of preference have been conveyed as follows:
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EXHIBIT A
1. Evidence that all prehistoric materials collected during the Archaeological and Tribal Monitoring Program have been reburied; or
2. Evidence that all prehistoric materials collected during the Archaeological and Tribal Monitoring Program have been repatriated to a Native American group of appropriate Tribal affinity. Evidence shall be in the form of a letter from the Native American Tribe to whom the cultural resources have been repatriated identifying that the archaeological materials have been received.
• Evidence that all historic cultural materials have been conveyed as follows:
− Historic materials shall be curated at a Napa Valley curation facility and shall not be curated at a Tribal curation facility or repatriated. The collections and associated records, including title, shall be transferred to the Napa Valley curation facility and shall be accompanied by payment of the fees necessary for permanent curation. Evidence shall be in the form of a letter from the curation facility stating that the historic materials have been received and that all fees have been paid.
Geology and Soils
GEO-1: Qualified Paleontologist and Paleontological Data Recovery and Monitoring Plan. Prior to grading permit issuance, grading and excavation activities, and building permit issuance, the project applicant shall hire a qualified paleontologist to verify that the geological deposits underlaying the project site have the potential to contai n sensitive paleontological resources. A qualified paleontologist is defined as an individual who has a Master of Science or doctorate degree in paleontology or geology and who is a recognized expert in the identification of fossil materials and the application of paleontological recovery procedures and techniques. If verified, a paleontological monitoring and recovery program shall be completed consisting of the following measures, which shall be included on project grading plans to the satisfaction of the City of Napa’s Planning Department:
1. The project applicant shall retain the services of a qualified paleontologist to conduct a paleontological monitoring and recovery program. As part of the monitoring program, a paleontological monitor may work under the direction of a qualified paleontolog ist. A Project Paleontologist City of Napa Prior to grading permit issuance, grading and
excavation activities,
and building permit
issuance
ATTACHMENT 1
EXHIBIT A
paleontological monitor is defined as an individual having experience in the collection and salvage of fossil materials.
2. The qualified paleontologist shall attend the project pre-construction meeting to consult with the grading and excavation contractors concerning the grading plan and paleontological field techniques.
3. The qualified paleontologist or paleontological monitor shall be on site on a full -time basis during the original cutting of previously undisturbed portions of the underlying very old paralic deposits. If the qualified paleontologist or paleontological monitor ascertains that the noted formations are not fossil -bearing, the qualified paleontologist shall have the authority to terminate the monitoring program.
4. If fossils are discovered, recovery shall be conducted by the qualified paleontologist or paleontological monitor. In most cases, fossil salvage can be completed in a short period of time, although some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner.
5. If subsurface bones or other potential fossils are found anywhere on the project site by construction personnel in the absence of a qualified paleontologist or paleontological monitor, the qualified paleontologist shall be notified immediately to assess th eir significance and make further recommendations.
6. Fossil remains collected during monitoring and salvage shall be cleaned, sorted, and cataloged.
Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections, such as the Berkeley Natural History Museum.
Prior to building permit issuance, a final summary report outlining the results of the mitigation program shall be prepared by the qualified paleontologist and submitted to the City of Napa’s Planning Division for concurrence. This report shall include dis cussions of the methods used, stratigraphic sections exposed, fossils collected, and significance of recovered fossils, as well as appropriate maps.
Greenhouse Gas Emissions
GHG-1: Construction Best Management Practices to Reduce Greenhouse Gas Emissions. The construction contractor will be required to implement the following BMPs identified by the BAAQMD to reduce construction-related greenhouse gas (GHG) emissions during all phases of construction, as Construction contractor City of Napa Documentation on
construction plans and
submittal to the City
ATTACHMENT 1
EXHIBIT A
applicable and feasible. These requirements will be documented on construction plans and submitted to the City prior to obtaining a grading permit.
• Use zero-emission and hybrid-powered equipment to the greatest extent possible. • Use U.S. Environmental Protection Agency (USEPA) Tier 4 Final -compliant engines or better for all diesel-fueled off-road construction equipment. • Require all on -road heavy -duty trucks to be zero emissions or meet the most stringent emissions standard, such as model year (MY) 2024 to 2026, as a condition of contract. • Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes. Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure.
• Prohibit off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day.
• Use CARB-approved renewable diesel fuel in off-road construction equipment and on-road trucks.
• Use USEPA SmartWay-certified trucks for deliveries and equipment transport. • Require all construction equipment to be maintained and properly tuned in accordance with manufacturer’s specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation of the equipment. • Where grid power is available, prohibit portable diesel engines and provide electrical hook ups for electric construction tools, such as saws, drills, and compressors, and using electric tools whenever feasible.
• Where grid power is not available, use alternative fuels, such as propane or solar electrical power, for generators at construction sites.
• Encourage and provide carpools, shuttle vans, transit passes, and/or secure bicycle parking to construction workers, and offer meal options on site or shuttles to nearby meal destinations for construction employees.
• Reduce electricity use in the construction office by using light -emitting diode (LED) bulbs, powering off computers every day, and replacing heating and cooling units with more efficient ones.
• Minimize energy used during site preparation by deconstructing existing structures to the greatest extent feasible.
prior to obtaining a
grading permit
ATTACHMENT 1
EXHIBIT A
• Recycle or salvage nonhazardous construction and demolition debris, with a goal of recycling at least 15 percent more by weight than the diversion requirement in Title 24. • Use locally sourced or recycled materials for construction materials (goal of at least 20 percent based on costs for building materials and based on volume for roadway, parking lot, sidewalk, and curb materials). Wood products used should be certified thro ugh a sustainable forestry program.
• Use low-carbon concrete, minimize the amount of concrete used, and produce concrete on site if it is more efficient and lower emitting than transporting ready-mix. • Develop a plan to efficiently use water for adequate dust control since substantial amounts of energy can be consumed during the pumping of water.
• Include all requirements in applicable bid documents, purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant on - or off -road construction equipment for use prior to any ground-disturbing and construction activities.
Transportation
TRANS-1: Dedication of Right-of-Way on SR-121/Silverado Trail. Prior to grading permit issuance, grading and excavation activities, and building permit issuance, the project applicant shall ensure that there would be sufficient right-of-way on SR-121/Silverado Trail to accommodate the planned future Class II bike lane. If the existing width of the right-of-way on SR-121/Silverado Trail is insufficient to accommodate the planned Class II bike lane, the additional width needed for this planned future improvement shall be dedicated as part of the project, which shall be included on project plans to the satisfaction of the City of Napa’s Public Works Director.
Project applicant,
Construction contractor
City of Napa (Public
Works Director)
Prior to grading permit
issuance, grading and
excavation activities,
and building permit
issuance
TRANS-2: Vegetation Maintenance for Adequate Site Distance. Vegetation along the project frontage near the site’s driveway shall be maintained at a height of less than 3 feet or above 7 feet to ensure adequate sight lines at the driveway.
Project applicant,
Construction contractor
City of Napa Ongoing during project
operation
TRANS-3: Consultation with City Fire Chief. Prior to grading permit issuance, grading and excavation activities, and building permit issuance, the project applicant shall confirm with the City Fire Chief whether an additional fire apparatus access point is required or not. If the City Fire Chief determines that an additional fire apparatus access point is required, the additional access point shall be included on project plans to the satisfaction of the City of Napa’s Public Works Director and the City Fire Chief.
Project applicant,
Construction contractor
City of Napa (Public
Works Director); City
Fire Chief
Prior to grading permit
issuance, grading and
excavation activities,
and building permit
issuance
ATTACHMENT 1
EXHIBIT A