M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERSS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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SALINAS PROJECT TO ENHANCE REGIONAL STORMWATER SUPPLY (SPERSS)
AND SALINAS STORM WATER MANAGEMENT PROJECT (SSWMP)
MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) is formulated based upon the findings of the Addendum to the prior CEQA documents prepared for the Pure Water Monterey/ Groundwater Replenishment Project (PWM/GWR Project). The MMRP, which is found in Table A, lists the mitigation measures from the prior CEQA documents that are applicable to the SPERSS and SSWMP Projects and provides mitigation monitoring requirements only for those measures that still apply . This MMRP table is intended to help the Cit y prepare the conditions of approval for the current project and to ensure compliance with the applicable mitigation measures during implementation of the SPERSS and SSWMP Projects.
The MMRP is organized in a matrix format. The first column identifies the mitigation measures. The second and third columns identify the timing and implementation responsibility for the mitigation measure. The fourth and fifth columns identify the timing and responsibility for ensuring that the mitigation measure is implemented.
SPERSS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERRS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Aesthetics
The SPERSS and SSWMP Projects would not result in any significant adverse impacts related to aesthetics. No mitigation is required.
Agricultural and Forestry Resources
Refer to Mitigation Measure LU-1: Minimize Disturbance to Farmland.
Air Quality
Mitigation Measure AQ-1: Construction Fugitive Dust Control Plan. The following standard Dust Control Measures shall be implemented during construction to help prevent potential nuisances to nearby receptors due to fugitive dust and to reduce contributions to exceedances of the state ambient air quality standards for PM10, in accordance with MBARD’s CEQA Guidelines.
• Water all active construction areas as required with non-potable sources to the extent feasible; frequency should be based on the type of operation, soil, and wind exposure and minimized to prevent wasteful use of water. • Prohibit grading activities during periods of high wind (over 15 mph). • Cover all trucks hauling soil, sand, and other loose materials and require trucks to maintain at least two (2) feet of freeboard.
• Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites.
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets.
• Enclose, cover, or water daily exposed stockpiles (dirt, sand, etc.). • Replant vegetation in disturbed areas as quickly as possible. • Post a publicly visible sign that specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the MBARD shall also be visible to ensure compliance with MBARD rules.
During project
construction
Construction
contractor
During
project
construction
City of Salinas
Department of
Public Works
and MBARD
Biological Resources
Mitigation Measure BT-1a: Implement Construction Best Management Practices. The following best management practices shall be implemented during all identified phases of construction (i.e., pre-, during, and post-) to reduce impacts to special-status plant and wildlife species:
1. A qualified biologist must conduct an Employee Education Program for the construction crew prior to any construction activities. A qualified biologist must meet with the construction crew at the onset of construction at the site to educate the Prior to, during,
and after
project
construction
Qualified
biologist and
construction
contractor
Prior to and
during project
construction
City of Salinas
Department of
Public Works
and qualified
biologist
SPERSS AND SSWMP P ROJECTS
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
construction crew on the following: 1) the appropriate access route(s) in and out of the construction area and review project boundaries; 2) how a biological monitor will examine the area and agree upon a method which would ensure the safety of the monitor during such activities, 3) the special-status species that may be present; 4) the specific mitigation measures that will be incorporated into the construction effort; 5) the general provisions and protections afforded by the USFWS and CDFW; and 6) the proper procedures if a special-status species is encountered within the site.
2. Trees and vegetation not planned for removal or trimming shall be protected prior to and during construction to the maximum extent possible through the use of exclusionary fencing, such as hay bales for herbaceous and shrubby vegetation, and protective wood barriers for trees. Only certified weed-free straw shall be used, to avoid the introduction of non-native, invasive species. A biological monitor shall supervise the installation of protective fencing and monitor at least once per week until construction is complete to ensure that the protective fencing remains intact.
3. Protective fencing shall be placed prior to and during construction to keep construction equipment and personnel from impacting vegetation outside of work limits. A biological monitor shall supervise the installation of protective fencing and monitor at least once per week until construction is complete to ensure that the protective fencing remains intact.
4. Following construction, disturbed areas shall be restored to pre-construction contours to the maximum extent possible and revegetated using locally-occurring native species and native erosion control seed mix, per the recommendations of a qualified biologist.
5. Grading, excavating, and other activities that involve substantial soil disturbance shall be planned and carried out in consultation with a qualified hydrologist, engineer, or erosion control specialist, and shall utilize standard erosion control techniques to minimize erosion and sedimentation to native vegetation (pre-, during, and post-construction).
6. No firearms shall be allowed on the construction sites at any time.
7. All food-related and other trash shall be disposed of in closed containers and removed from the project area at least once a week during the construction period, or more often if trash is attracting avian or mammalian predators. Construction personnel shall not feed or otherwise attract wildlife to the area.
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERRS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
8. To protect against spills and fluids leaking from equipment, the project proponent shall require that the construction contractor maintains an on-site spill plan and on- site spill containment measures that can be easily accessed.
9. Refueling or maintaining vehicles and equipment should only occur within a specified staging area that is at least 100 feet from a waterbody (including riparian and wetland habitat) and that has sufficient management measures that will prevent fluids or other construction materials including water from being transported into waters of the state. Measures shall include confined concrete washout areas, straw wattles placed around stockpiled materials and plastic sheets to cover materials from becoming airborne or otherwise transported due to wind or rain into surface waters.
Mitigation Measure BT-1b: Implement Construction-Phase Monitoring. The project proponents shall retain a qualified biologist to monitor all ground disturbing construction activities (i.e., vegetation removal, grading, excavation, or similar activities) to protect any special-status species encountered. Any handling and relocation protocols of special-status wildlife species shall be determined in coordination with CDFW prior to any ground disturbing activities, and conducted by a qualified biologist with an appropriate scientific collection permit. After ground disturbing project activities are complete, the qualified biologist shall train an individual from the construction crew to act as the on-site construction biological monitor. The construction biological monitor shall be the contact for any special-status wildlife species encounters, shall conduct daily inspections of equipment and materials stored on site and any holes or trenches prior to the commencement of work, and shall ensure that all installed fencing stays in place throughout the construction period. The qualified biologist shall then conduct regularly scheduled and unscheduled visits to ensure the construction biological monitor is satisfactorily implementing all appropriate mitigation protocols. Both the qualified biologist and the construction biological monitor shall have the authority to stop and/or redirect project activities to ensure protection of resources and compliance with all environmental permits and conditions of the project. The qualified biologist and the construction monitor shall complete a daily log summarizing activities and environmental compliance throughout the duration of the project. The log shall also include any special-status wildlife species observed and relocated.
Prior to and
during project
construction
Qualified
biologist and
construction
contractor
Prior to and
during project
construction
City of Salinas
Department of
Public Works
and qualified
biologist
SPERSS AND SSWMP P ROJECTS
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Mitigation Measure BT-1c: Implement Non-Native, Invasive Species Controls. The following measures shall be implemented to reduce the introduction and spread of non-native, invasive species:
1. Any landscaping or replanting required for the project shall not use species listed as noxious by the California Department of Food and Agriculture
2. Bare and disturbed soil shall be landscaped with California Department of Food and Agriculture recommended seed mix or plantings from locally adopted species to preclude the invasion on noxious weeds in the Project Study Area.
3. Construction equipment shall be cleaned of mud or other debris that may contain invasive plants and/or seeds and inspected to reduce the potential of spreading noxious weeds, before mobilizing to arrive at the construction site and before leaving the construction site.
4. All non-native, invasive plant species shall be removed from disturbed areas prior to replanting.
During project
construction
Construction
contractor
During
project
construction
City of Salinas
Department of
Public Works,
qualified
biologist, and
construction
biological
monitor
Mitigation Measure BT-1g: Conduct Pre-Construction Surveys for Special-Status Bats. To avoid and reduce impacts to special status bat species, the project proponents shall retain a qualified bat specialist or wildlife biologist to conduct site surveys during the reproductive season (May 1 through September 15) to characterize bat utilization of the component site and potential species present (techniques utilized to be determined by the biologist) prior to tree or building removal. Based on the results of these initial surveys, one or more of the following shall occur:
• If it is determined that bats are not present at the component site, no additional mitigation is required.
• If it is determined that bats are utilizing the component site and may be impacted by the project, pre-construction surveys shall be conducted no more than 30 days prior to any tree or building removal (or any other suitable roosting habitat) within 100 feet of construction limits. If, according to the bat specialist, no bats or bat signs are observed in the course of the pre-construction surveys, tree and building removal may proceed. If bats and/or bat signs are observed during the pre-construction surveys, the biologist shall determine if disturbance would jeopardize a maternity roost or another type of roost (i.e., foraging, day, or night). • If a single bat and/or only adult bats are roosting, removal of trees, buildings, or other suitable habitat may proceed after the bats have been safely excluded from Prior to project
construction
Qualified
biologist and
construction
contractor
Prior to
project
construction
City of Salinas
Department of
Public Works
and qualified
biologist
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERRS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
the roost. Exclusion techniques shall be determined by the biologist and would depend on the roost type.
• If an active maternity roost is detected, avoidance is preferred. Work in the vicinity of the roost (buffer to be determined by biologist) shall be postponed until the biologist monitoring the roost determines that the young have fledged and are no longer dependent on the roost. The monitor shall ensure that all bats have left the area of disturbance prior to initiation of pruning and/or removal of trees that would disturb the roost. If avoidance is not possible and a maternity roost must be disrupted, authorization from CDFW shall be required prior to removal of the roost.
Mitigation Measure BT-1k: Conduct Pre-Construction Surveys for Protected Avian Species, including, but not limited to, whitetailed kite and California horned lark. Prior to the start of construction activities at each project component site, a qualified biologist shall conduct pre- construction surveys for suitable nesting habitat within the component Project Study Area and within a suitable buffer area from the component Project Study Area. The qualified biologist shall determine the suitable buffer area based on the avian species with the potential to nest at the site. In areas where nesting habitat is present within the component project area or within the determined suitable buffer area, construction activities that may directly (e.g., vegetation removal) or indirectly (e.g., noise/ground disturbance) affect protected nesting avian species shall be timed to avoid the breeding and nesting season. Specifically, vegetation and/or tree removal can be scheduled after September 16 and before January 31.
Alternatively, a qualified biologist shall be retained by the project proponents to conduct pre- construction surveys for nesting raptors and other protected avian species where nesting habitat was identified and within the suitable buffer area if construction commences between February 1 and September 15. Pre-construction surveys shall be conducted no more than 14 days prior to the start of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). Because some bird species nest early in spring and others nest later in summer, surveys for nesting birds may be required to continue during construction to address new arrivals, and because some species breed multiple times in a season. The necessity and timing of these continued surveys shall be determined by the qualified biologist based on review of the final construction plans.
If active raptor or other protected avian species nests are identified during the preconstruction surveys, the qualified biologist shall notify the project proponents and an appropriate no- Prior to project
construction
and if found
establish and
comply with no-
disturbance
buffer
Qualified
biologist and
construction
contractor
Prior to
project
construction
City of Salinas
Department of
Public Works
and qualified
biologist
SPERSS AND SSWMP P ROJECTS
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
disturbance buffer shall be imposed within which no construction activities or disturbance shall take place until the young have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist.
Mitigation Measure BT-1q: Avoid and Minimize Impacts to California Red-Legged Frog. The following measures for avoidance and minimization of adverse impacts to California Red- Legged Frog (CRLF) during construction of the Project components are those typically employed for construction activities that may result in short-term impacts to individuals and their habitat. The focus of these measures is on scheduling activities at certain times of year, keeping the disturbance footprint to a minimum, and monitoring. • The Cityshall annually submit the name(s) and credentials of biologists who would conduct activities specified in the following measures. No project construction activities at the component site would begin until the City receives confirmation from the USFWS that the biologist(s) is qualified to conduct the work. • A USFWS-approved biologist shall survey the work site 48 hours prior to the onset of construction activities. If CRLF, tadpoles, or eggs are found, the approved biologist shall determine the closest appropriate relocation site. The approved biologist shall be allowed sufficient time to move the CRLF, tadpoles or eggs from the work site before work activities begin. Only USFWS-approved biologists shall participate in activities associated with the capture, handling, and moving of CRLF. • Before any construction activities begin on the project component site, a USFWS- approved biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the CRLF and its habitat, the importance of the CRLF and its habitat, general measures that are being implemented to conserve the CRLF as they relate to the project, and the boundaries within which the project construction activities may be accomplished. Brochures, books and briefings may be used in the training session, provided that a qualified person is on hand to answer any questions.
• A USFWS-approved biologist shall be present at the work site until such time as all removal of CRLF, instruction of workers, and disturbance of habitat have been completed. After this time, the biologist shall designate a person to monitor onsite compliance with all minimization measures and any future staff training. The USFWS- approved biologist shall ensure that this individual receives training outlined in Prior to and
during project
construction
Qualified
biologist and
construction
contractor
Prior to
project
construction
City of Salinas
Department of
Public Works
and qualified
biologist
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERRS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Mitigation Measure Bt-1a and in the identification of CRLF. The monitor and the USFWS-approved biologist shall have the authority to stop work if CRLF are in harm’s way.
• The number of access routes, number and size of staging areas, and the total area of the activity shall be limited to the minimum necessary to achieve the project goal.
Routes and boundaries shall be clearly demarcated, and these areas shall be outside of riparian and wetland areas to the extent practicable. • If a work site is to be temporarily dewatered by pumping, intakes shall be completely screened with wire mesh not larger than five millimeters (mm) to prevent CRLF from entering the pump system. Water shall be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any barriers to flow shall be removed in a manner that would allow flow to resume with the least disturbance to the substrate.
The Declining Amphibian Populations Task Force’s Fieldwork Code of Practice shall be followed to minimize the possible spread of chytrid fungus or other amphibian pathogens and parasites.
Cultural Resources
Mitigation Measure CR-2b: Discovery of Archaeological Resources or Human Remains. If archaeological resources or human remains are unexpectedly discovered during any construction, work shall be halted within 50 meters (±160 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. The County Coroner shall be notified in accordance with provisions of Public Resources Code 5097.98-99 in the event human remains are found and the Native American Heritage Commission shall be notified in accordance with the provisions of Public Resources Code section 5097 if the remains are determined to be of Native American origin.
During project
construction
Construction
contractor and if
needed,
qualified
archaeologist
During
project
construction
City of Salinas
Department of
Public Works
and qualified
archaeologist
Mitigation Measure CR-2c: Native American Notification. Because of their continuing interest in potential discoveries during construction, all listed Native American Contacts shall be notified of any and all discoveries of archaeological resources in the project area.
During project
construction
Construction
contractor and if
needed,
qualified
archaeologist
During
project
construction
City of Salinas
Department of
Public Works
and qualified
archaeologist
Energy
SPERSS AND SSWMP P ROJECTS
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Mitigation Measure EN-1: Construction Equipment Efficiency Plan. Cityshall contract a qualified professional (i.e., construction planner/energy efficiency expert) to prepare a Construction Equipment Efficiency Plan that identifies the specific measures that City will implement as part of project construction to increase the efficient use of construction equipment. Such measures shall include, but not necessarily be limited to: procedures to ensure that all construction equipment is properly tuned and maintained at all times; a commitment to utilize existing electricity sources where feasible rather than portable diesel- powered generators; consistent compliance with idling restrictions of the state; and identification of procedures (including the use of routing plans for haul trips) that will be followed to ensure that all materials and debris hauling is conducted in a fuel efficient manner.
Prior to project
construction
Construction
contractor
During
project
construction
City of Salinas
Department of
Public Works
Geology and Soils
The SPERSS Project would not result in any significant adverse impacts related to geology and soils. No mitigation is required.
Greenhouse Gas Emissions
The SPERSS Project would not result in any significant adverse impacts related to greenhouse gas emissions. No mitigation is required.
Hazards and Hazardous Materials
The SPERSS Project would not result in any significant adverse impacts related to hazards and hazardous materials. No mitigation is required.
Hydrology and Water Quality
The SPERSS Project would not result in any significant adverse impacts related to hydrology and water quality. No mitigation is required.
Land Use and Planning
Mitigation Measure LU-1: Minimize Disturbance to Farmland. To support the continued productivity of designated Prime Farmland and Farmland of Statewide Importance, the following provisions shall be included in construction contract specifications:
• Construction contractor(s) shall minimize the extent of the construction disturbance, including construction access and staging areas, in designated important farmland areas.
• Prior to the start of construction, the construction contractor(s) shall mark the limits of the construction area and ensure that no construction activities, parking, or staging occur beyond the construction limits.
• Upon completion of the active construction, the site shall be restored to pre- construction conditions.
During project
construction
Construction
contractor
During
project
construction
City of Salinas
Department of
Public Works
Mineral Resources
The SPERSS Project would not result in any significant adverse impacts related to mineral resources. No mitigation is required.
Noise
The SPERSS Project would not result in any significant adverse impacts related to noise. No mitigation is required.
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
SPERRS AND SSWMP P ROJECT S
S ALINAS , C ALIFORNIA
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Population and Housing
The SPERSS Project would not result in any significant adverse impacts related to population and housing. No mitigation is required.
Public Services
Mitigation Measure PS-3: Construction Waste Reduction and Recycling Plan. The construction contractor(s) shall prepare and implement a construction waste reduction and recycling plan identifying the types of construction debris the Project will generate and the manner in which those waste streams will be handled. In accordance with the California Integrated Waste Management Act of 1989, the plan shall emphasize source reduction measures, followed by recycling and composting methods, to ensure that construction and demolition waste generated by the project is managed consistent with applicable statutes and regulations. In accordance with the California Green Building Standards Code and local regulations, the plan shall specify that all trees, stumps, rocks, and associated vegetation and soils, and 50% of all other nonhazardous construction and demolition waste, be diverted from landfill disposal. The plan shall be prepared in coordination with the Monterey Regional Waste Management District and be consistent with Monterey County’s Integrated Waste Management Plan. Upon project completion, City shall collect the receipts from the contractor(s) to document that the waste reduction, recycling, and diversion goals have been met.
Piro to, during,
and after
project
construction
Construction
contractor
Upon project
completion
City of Salinas
Department of
Public Works
Recreation
The SPERSS Project would not result in any significant adverse impacts related to recreation. No mitigation is required.
Transportation
Mitigation Measure TR-3: Roadway Rehabilitation Program. Prior to commencing project construction, City shall detail the preconstruction condition of all local construction access and haul routes proposed for substantial use by project-related construction vehicles. The construction routes surveyed must be consistent with those identified in the construction traffic control and safety assurance plan developed under Mitigation Measure TR-2. After construction is completed, the same roads shall be surveyed again to determine whether excessive wear and tear or construction damage has occurred. Roads damaged by project- related construction vehicles shall be repaired to a structural condition equal to, or greater than, that which existed prior to construction activities.
Prior to project
construction
and after
project
construction
Construction
contractor
After project
construction
City of Salinas
Department of
Public Works
Tribal Cultural Resource
Refer to Mitigation Measures CR-2b and CR-2c.
Utilities and Service Systems
SPERSS AND SSWMP P ROJECTS
S ALINAS , C ALIFORNIA
M ITIGATION M ONITORING AND R EPORTING P ROGRAM
D ECEMBER 2023
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Mitigation Measure Timing of
Implementation
Implementation
Responsibility Timing
Responsibility
for Compliance
Monitoring
Refer to Mitigation Measure PS-3.
Wildfire
The SPERSS Project would not result in any significant adverse impacts related to wildfire. No mitigation is required.
Source: LSA 2023
MBARD = Montrey Bay Air Resources District
California Department of Fish and Wildlife (CDFW) = California Department of Fish and Wildlife CRLF = California red-legged frog