MITIGATION MONITORING/REPORTING PROGRAM
CALMAT CAJON CREEK SPECIFIC PLAN AND
CONDITIONAL USE PERMIT/RECLAMATION PLAN
SCH No: 90020908
General Plan Amendment No: 91-18
Specific Plan: 90-01
Development Code Amendment No: 9206
CUP No: 9131
Tentative Parcel Map Nos: 14106, 14107, 14108
Prepared for:
CITY OF SAN BERNARDINO
Department of Planning and Building
300 North D Street
San Bernardino, CA 92418-0001
(714) 384-5057
Contact Person:
Deborah Woldruff, Associate Planner
Prepared by:
WOODWARD-CLYDE CONSULTANTS
1550 Hotel Circle North, Suite 200
San Diego, California 92108
(619) 294-9400
Contact Person:
Phileen H. Jones, Assistant Project Manager
Project Proponent:
CALMAT COMPANY
3200 San Fernando Road
Los Angeles, CA 90065
(213) 258-2777
Contact Person:
Douglas W. Sprague, Manager/Reclamation
May 1992
F/9053139N-3000
TABLE OF CONTENTS
Section
Raze
EXECUTIVE SUMMARY ES-1
1.0 MITIGATION MONITORING/REPORTING PROGRAM 1-1
1.1 INTRODUCTION 1-1
1.2 MITIGATION MONITORING AND REPORTING ACTIVITIES 1-2
1.3 MANAGEMENT OF THE MM/RP 1-3
1.3.1 Annual Reporting Compliance 1-3
1.3.2 Revisions to the MM/RP 1-3
Tables
1-1 Mitigation Monitoring/Reporting Program
A/9053139-3000
EXECUTIVE SUMMARY
This Mitigation Monitoring/Reporting Program (MM/RP) has been prepared in conjunction with the Draft and Final Environmental Impact Report (EIR) for the CalMat Cajon Creek Specific Plan and Conditional Use Permit/Reclamation Plan. Each mitigation measure required by the EIR is restated in substantially the same language as was used in that document.
This MM/RP is intended to be administered by the City of San Bernardino Planning and Building Services (the City) upon adoption by the Planning Commission and/or City Council.
Compliance with mitigation requirements by other agencies, such as the Regional Water Quality Control Board (RWQCB), the South Coast Air Quality -Management District (SCAQMD), and County Hazardous Materials Management Division (HMMD), shall be secured by the permittee and presented to the City.
The MIM/RP includes the identification of each mitigation measure, monitoring or reporting action; the party responsible for the monitoring, the timing during which monitoring will occur, and the recommended reporting documentation relative to the monitoring of the mitigation measures provided in Section 4.0 of the EIR for each of the following:
• Biological Resources
• Air Quality
• Geologic/Geotechnical
• Surface Hydrology
• Noise
• Land Use
Traffic and Circulation
Visual Resources
• Cultural and Historic Resources
• Hazardous Materials
• Public Services and Utilities
• Cumulative Impacts
A/9053139N.3000 ES-1
1.0 MITIGATION MONITORING/REPORTING PROGRAM
1.1 INTRODUCTION
The California Environmental Quality Act (CEQA) requires adoption of mitigation measures that will reduce impacts to levels of insignificance. The measures are approved and adopted as integral components of project design. Monitoring of mitigation measures is required by Public Resources Code Section 21081.6 (enacted by passage of AB 3180). Compliance with AB 3180 requires public agencies approving projects which may cause significant environmental impacts to monitor the mitigation of those impacts. Therefore, when making CEQA findings the public agency must adopt a monitoring and reporting program "designed to ensure compliance during project implementation."
This Mitigation Monitoring/Reporting Program (MM/RP) was prepared for CalMat Co. (the Applicant) and provides a program to examine, document and record the monitoring of mitigation measures identified in the Draft and Final Environmental Impact Report (EIR) for the CalMat Cajon Creek Specific Plan and Conditional Use Permit (CUP)/Reclamation Plan.
The Applicant will implement this MM/RP upon review and approval of the EIR by the City of San Bernardino Planning Commission and the MM/RP will be administered by the City of San Bernardino Department of Planning and Building Services (the City).
The EIR identifies various measures that will be undertaken by the Applicant to mitigate potential significant environmental impacts that could result from implementation of the "project" which includes: the Specific Plan, a Development Code Amendment, a CUP and Reclamation Plan, Tentative Parcel Maps for industrial developments, a General Plan Amendment and annexation. Some of the mitigation measures that are identified may have been mandated as conditions of regulatory permits. For example, emissions from the proposed processing plant will be reviewed by the South Coast Air Quality Management District (SCAQMD) prior to being granted a permit to operate. SCAQMD regulations set forth requirements to ensure that the operation of the facilities do not interfere with progress in attainment of ambient air quality standards.
A/9053139N-3000 1-1
1.2 MITIGATION MONITORING/REPORTING ACTIVITIES
The mitigation monitoring and reporting activities are identified in Table 1-1 of this MM/RP.
The table is designed for recording mitigation monitoring by the City, who will serve as the verifying agency. In addition to identifying the mitigation measures, the table identifies the party responsible for the monitoring, the timing during which monitoring will be implemented, and, the recommended reporting documentation that will serve as the record of monitoring compliance. Mitigation monitoring may be initiated during, as a part of, or following some stage of the project development; e.g., design, construction and/or operation.
The foliowing is an explanation of the information contained in each column of Table 1-1.
Column 1: Mitigation Measure: An inventory of each mitigation measure is provided in substantially the same language that was used in the EIR for the project. -
Column 2: Reporting Responsibility: This column identifies the party responsible for reporting compliance with the mitigation measure.
Column 3: Timing: Timing describes the logical time during which the mitigation measures will be monitored (e.g. during construction). Since timing is dependent upon the progression of the overall project, specific dates are not used.
Column 4: Monitoring and Reporting Documentation: This column of the table identifies the documentation which will serve as the record of compliance for mitigation monitoring.
Column 5: Completed (By/Date): Upon receipt of the monitoring and reporting documentation by the verifying agency (the City of San Bernardino), the mitigation monitoring requirement is satisfied and this column will serve as the checklist to be initialed and dated by the City staff person in receipt of the documentation.
A/9053139N-3000 1-2
1.3 MANAGEMENT OF THE MM/RP
The MM/RP is designed to be a working document and is proposed to serve as a compliance record. Once the "Monitoring and Reporting Documentation" (see Column 4 of Table 1-1) is produced by the project applicant for the respective mitigation measure, and has been reviewed by the City, the mitigation measure shall be deemed compiete and signed-off on the MM/RP (see Column 5 of Table 1-1).
1.3.1 Annual Reporting Compliance
The City will also implement an annual reporting compliance audit to review and assess the overall status of the MM/RP. This annual reporting requirement will provide an opportunity for the City to review the compliance record and report on the effectiveness of mitigation used. The annual compliance report is also an opportunity for the applicant to present verification of compliance and provide supporting documentation discussing the effectiveness of mitigations used.
1.3.2 Revisions to the MM/RP
Any proposed revisions to the MM/RP will require the approval of the Director of Planning and Building Services for the City of San Bernardino. In the event any administrative revisions are required in the MM/RP, such revision will be identified in a letter addendum and placed in the City's file attached to the MM/RP. An administrative change is considered one that does not affect the mitigation requirement or the overall intent of the mitigation measure. Changes to the MM/RP that are of a substantive nature will necessitate a public hearing and adoption by the Planning Commission.
N/9053139R-3000 1-3
TABLE 1-1
Mitigation Monitoring/Reporting Program
4.1 Biological Resources
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Grading within Planning Area O shall be limited to that Applicant roid to grading of haul CUP and a horizontal and required to provide adequate haul road access to allow vertical road alignment Planning Area P in-stream mining activities, provide study necessary flood control, or to provide for necessary streambed stabilization.
No piration stutes, or bail road associate vie anita Applicant Over the life of the Specific Plan project.
Area P, shall be permitted within the Planning Area O 100- year floodplain:
Planning Areas which are not within the floodplain, including Applicant through During Reclamation Plan Reclamation Plan Progress mined areas within Planning Areas L, M and F; and the Qualified Biologist/ Revegetation Report and Annual processing plant areas within Planning Areas D, I and N, Revegetation Specialist Inspection Form shall be planted with seeds to provide erosion control using the natural components of the Riversidian alluvial fan sage scrub.
Mail be planted and podid As alive plants to resdrain, Applicant through During Reclamation Plan Reclamation Plan Progress Qualified Biologist/ Revegetation
elements of Riversidian alluvial fan sago scrub and bonch Rovegetation Specialist habitat conditions now present on site.
Container growa revegetation plant materials shall be Applicant through During Reclamation Plan Reclamation Plan Progress propagated from either seeds or cuttings taken from the site. Qualified Biologist/ Revegetation Report and Annual Collection and propagation of seeds and cuttings shall occur Revegetation Specialist Inspection Form approximately one year prior to on-site planting.
Seeds used for hydroseeding shall consist of only native Applicant through Revogeltomation Plan Reclamation Plan Progress species, obtained from both on site collection or collection Qualified Biologist! Report and Annual from adjacent properties. Revegetation Specialist Inspection Form Maintenance of the revegetation areas shall be limited to weed Applicant through During Reclamation Plan Reclamation Plan Progress eradication of invasive exotic species, and replacement of Qualified Biologist/ Revegetation Report and Annual container stock if necessary. Revegetation Specialist Inspection Form G/9053139N-3000 1-4
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.1 Biological Resources
Reporting Monitoring and Reporting Completed
Mitigation Measure / Responsibility Timing Documentation (By/Date) Monitoring of the revegetation areas shall be done annually, Applicant through During Reclamation Plan Reclamation Plan Progress over a five year period in accordance with SMARA Section Qualified Biologist/ Phasing Over Life of Report and Annual 2773(a). Minimum standards should be developed by CalMat Revegetation Specialist Inspection Form in conjunction with the lead agency and California Divisions responsible for attaining and maintaining ile Revegibion Plan. The Revegetation Plan Guidelines in the Reclamation Plan state that the objective and expectation of the
revegetative efforts are to achieve a vegetative cover at or near currently existing vegetation within three to five years.
Records shall be kept of the initial plantings with details to. Applicant through During Reclamation Plan Reclamation Plan Progress include: date of planting, and planting locations of container Qualified Biologist/ Phasing Report and Annual materials and seeds. Subsequent monitoring shall determine shering shal dete Revegetation Specialist Reporting Compliance for the total vegetative cover and species health/survival rates. If MM/RP® necessary recommendations for replanting and weed removal shall be made.
Stender-Horned Spine flower: Applicant and Qualified Development Permits) and Biologist Permi(Dayeroval for Technical Report from
Surveys are to be conducted within areas of the project site construction or prior to Biology Consultant stating spinciover. Those recommendations infide the following: extractive activity. findings of surveys.
The Applicant will
1) An additional survey shall be conducted in upland habitat. conduct the first of the If survey findings identify which was previously surveyed for slender-horned recommended spring the presence of the spineflower. This area corresponds primarily with Planning surveys in the spring of Slender-horned Areas to the east of the Southern Pacific Railroad, together 1992). spineflower, the with Planning Area M and portions of Planning Areas I, J and contingency mitigation measure will be required. ...
(See next page)
2) Two additional consecutive spring surveys, shall be
conducted within floodplain habitat, which was also
previously surveyed. This area corresponds with portions of Planning Areas I, J, N, and O; and
* Thered in the area which has no yet eer surveyed. This area corresponds with a portion of Planning Area O and
Planning Area P.
G/9053139N-3000 1-5
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
Slender-horned Spineflower Contingency Mitigation Measure Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Qualified Biologist, Prior to Development Record of formal spring sunders, te Did and be USEs shall be noited of USFWS and CDFG Permit(s) approvals for consultation with CDFG its presence on the site; and, if recommendations warrant it, a construction or prior to and USFWS. diligent effort will be made to salvage the plant population extractive activity within under the cuidance of the USFWS and the CDFG. areas that would be affected.
- If during a survey native species of the slender-horned spineflower are identified on the project site, its position will be marked (c.g. flagged or staked);
- All identified locations where slender-horned spineflower plants were marked shall be revisited after the blooming season (i.e., July) for seed collection; and
- Seeds of native species which have been collected from the site will provide for research and the establishment of a population under the guidance of the USFWS and the
CDFG.
• '
C/9OS3139N-3000 1-6.
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.2 Air Quality
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Air quality permits mandated by the AQMD (Authority to SCAQMD Prior to construction and Authority to Construct and Construct and Permit to Operate will be obtained and operations as required by Permit to Operate renewed as required. The AQMD will require the best SCAOMD. available control technology (BACT) on those processing batch plants agreate to aster and torago the concrete
Fugitive dust impacts from materials handling and in-plant SCAQMD and During construction and Authority to Construct and travel will be controlled through a program of paving the Applicant operations Permit to Operate access road and maior intraplant travel paths, i.e., in main roads between the rockplant/stockpile areas, and the
scalehouse and the batchplants. Dust control shall also be provided through the use of water or other dust palliatives on storage piles and load out systems, and through an
aggressive program of roadway sweeping and watering to
remove spillage from public and private roadways.
Minimum implementation action of the mitigation measures will be to meet the requirements of AQMD Rule 401,
prohibiting a visible dust plume at the project boundary.
A landscaping program will be implemented that utilizes Applicant In conjunction with Development Permit and fast-growing species with minimum water demands to developmental review landscape plan reduce wind erosion and off-site transport. A windbreak process for a CUP, with will be included in the landscaping north of the Planning 1o coince Prior Area N processing plant to reduce winds through the plant.
Also, a landscaped earthen berm together with a line of operations landscaping will be provided for in the landscape plan near the southern site boundary. This vegetation and berming system will trap wind blown dust.
Aggregate facilities access/egress shall be designed to City of San Bernardino developmenta review CUP minimize use of local arterial roadways or areas of existing or potential future air quality sensitivity. • , process for CUP 919053139N-3000 1. 1-7
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.2 Air Quality
• •
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) A dust control plan in accordance with requirements for Prior to construction and Authority to Construct, aggregate operations will be implemented. Compliance operation Permit to Operate and with SCAQMD Rule 403 (as currently proposed for. Dust Control Plan, and amendment) requires that the control plan be approved by Annual Reporting the SCAQMD Executive Director. The dust control plan Compliance for MM/RP will include a high wind response plan that will be
implemented when hourly average winds exceed a given
threshold velocity as measured by on-site wind
instrumentation. The high wind response plan shall include the following provisions:
- A doubling of the water application rate will be
implemented on internal haul roads and or transfer points not equipped with dust collections.
• Aggregate load-out will be located behind a wind-
sheltered barrier.
Probbied unwatered surface above pit for gride will be
- Additional spillage cleanup in the plant area will occur when formation of high winds are forecast by the
National Weather Service.
CalMat shall provide a transportation demand management Applicant Prior to occupancy and TDM Program and Annual program (TDM) for all site tenants. during operation Reporting Compliance for SCAQMD Prior to construction Permit to Construct and
the asphaltic concrete dryer, water spray on aggregate Compliance for MM/RP transfer and storage, etc.)
C/9053139N-3000 1-8
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.3 Geologic and Geotechnical
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Ground Rupture. Site development plans will not include Applicant In conjunction with Parcel Maps and the construction of habitable structures within the developmental review Development Permits) designated Alquist-Priolo Special Study Zones, therefore process for Development the investigative mitigations called for in that regulation are not necessary.
Ground Shaking. Human-occupancy structures shall be Applicant/Geotechnical In conjunction with Building Permit(s) designed to conform to all applicable standards and Consultant developmental review guidelines including (but not limited to) appropriate local process for Building building codes and the Uniform Building Code. Permit(s) Considered to be less that signeant, or spects is Applicant/Geotechnical Development Permit(s) and Consultant In elopmeian review
Report from Geotechnical
subsurface geotechnical studies shall be conducted for process for Development Engineer mitigation for proposed buildings would be site-specific and will include: enhanced foundation design, remedial
grading, and/or relocation of planned structures.
Groundwater. In the event of temporarily exposed Applicant During mining operations Letter Report of groundwater within deep mining areas, mining will be Incidence(s) and Annual temporarily suspended within those immediate areas. Reporting Compliance for MM/RP
Slope Stability. All slope design, cuts and fills, erosion Applicant/Geotechnical In conjunction with Reclamation Plan Progress control, surface and subsurface drainage shall conform to Consultant developmental review Report and Annual the recommendations of the geotechnical consultant. Slope process for Development Inspection Form failure will be controlled by reducing the angle of finished slopes, stabilizing the surface by establishing a suitable ground cover, and by providing adequate setbacks.
G/9053139N-3000 1-9
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.3 Geologic and Geotechnical.
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Foundation Design. In order to mitigate the effects of Applicant/Geotechnical In conjunction with Building and Grading potential ground shaking, possible liquefaction, and loose Consultant developmental review Permits and Soils Report surficial soils, the following is recommended: process for Building and Grading Permits)
- The use of perimeter footings and floor slabs with
reinforcing shall be employed where recommended by
the geotechnical consultant to mitigate the effects of
seismically-induced differential settlements.
- Recompaction of near-surface loose or disturbed zones of soil shall be employed in the proposed light and heavy
industrial develorment areas. Site-specific gentechnical studies shall be made for grading and construction oa
these sites.
During geotechnical testing for building sites within 1,000 Applicant/Geotechnical In conjunction with Development Permit(s) and feet of the landfill, shallow testing will be conducted to Consultant developmental review Report from Geotechnical determine the concentrations of methane gas and to verify Permis for Development the County's compliance with the monitoring and control All owners and occupants of buildings within 1,000 feet of - Applicant Prior to and during Notification Letter any detected landfill gas shall be notified of such an оссирапсу occurrence.
G/9053139N-3000 1-10
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
.4.4 Surface Hydrology
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Documentation (By/Date) Proposed site design and drainage system plans shall be Applicant In conjunction with Development Permits) and submitted for review to the City of San Bernardino. Final developmental review Drainage Plan and design shall include all requirements and recommendations process for Development Stormwater Pollution provided by the San Bernardino Flood Control District and Permit(s) Prevention Plan. the City Water Department.
Adequate mining area and aggregate processing plant site Applicant In conjunction with Development Permits) drainage shall include the following measures: developmental review and/or CUP, Drainage process for Development Plan and Stormwater
- Surface drainage will be diverted around the mining pits Permit(s) and/or CUP Pollution Prevention Plan within Planning Areas F, L and M. Internal drainage
will be collected at the lower end of excavation for
percolațion.
• Adequate surface drainage control shall be designed for aggregate processing plantsites within Planning Areas I develop i the adjacen agon mentation does no
All project-related drainage facilities shall be designed to Applicant In conjunction with Development Permit(s) accommodate runoff associated with a 25-year flood event developmental review and/or CUP and Specific pursuant to requirements of the City of San Bernardino. process for Development Plan Infrastructure Permit(s) and/or CUP Improvement Plan
Final desiga specifications shall include a schedule for Applicant In conjunction with Development Permit(s) regular maintenance of all drainage facilities to ensure developmental review and/or CUP, Drainage proper working condition. process for Development Plan and Stormwater Permit(s) and/or CUP Pollution Prevention Plan
Discharge of surface runoff, whether from storm drains or Applicant and RWQCB In conjunction with Development Permit(s) Discharge Fermis are Be ROCH a Stormwater developmental review and/or CUP and Stormwater discharge
0190531397-3000 _1-11
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.4 Surface Hydrology
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Erosion control measures described in the Specific Plan Applicant/Qualified Following installation Inspection report •qualied engine rial or spelled atonial een by Consultant (recording compliance) and Annual Reporting
proper working condition. Compliance for MM/RP
The Applicant will file a Notice of Intent (NOI) at least Applicant and SWRCB Prior to operations NDES Stormwater Permit 30 days prior to beginning industrial and mining operations and Annual Reporting and will develop and implement a storm water pollution Compliance for MM/RP prevention plan and monitoring program consistent with the SWRCB General Permit.
Erosion control measures associated with mining and Applicant During Reclamation Plan Reclamation Plan Progress reclamation shall include the following: Revegetation Report and Annual Inspection Form
- Implementation of the Revegetation Plan, which provides .. • for hydroseeding all disturbed areas.
Applicant and Public In conjunction with Development Permits) and Industral advilopment drainage and ites provided during Works Department developmental review reported recommendations geotechnical or hydrological observations of grading and process for Development of geotechnical consultant construction activities, shall be incorporated into final project design.
Process water from plants in Planning Areas D and N will Applicant During mining operations CUP and Annual bo reclaimed and ro-used by means of settling ponds and a Reporting Compliance for MM/RP
Applicant Over the life of project CUP and Annual
Alled of tele car Redid or gleal preced Reporting Compliance for MM/RP
he dilegical of the ants and gie city of san coral no
Public Works Department.
G/9053139N-3000 • , 1-12
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.4 Surface Hydrology
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Prior to expansion of useable area within the presently Applicant and City of In conjunction with Development Permit(s) San Bernardino developmental review and/or CUP, COE permit process for Development or FEMA map revision
Permit(s) and/or CUP
Prior to granting of City approval, CalMat will file a Applicant Development Permit(s) and request for a FEMA map revision, a Letter of Map HEC-2 Study porions of the Planing Areas locate within te presently process for Development mapped FEMA 100-year floodplain where any development
is proposed.
G/9053139N-3000 1-13
-
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program *
4.5 Noise
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) pract sna a ling and forestine any construcion Applicant During plant operations In accordance with Noise ordinance. Noise
materials, shall not cause hourly noise levels to exceed any complaints will be residence to the procese plants nearest occupied documented and included Compliate for MRP.
65 dB Leq from 7:00 a.m. to 7:00 p.m.;
60 dB Leq from 7:00 p.m. in 10:00 p.m.; and
55 dB Leq from 10:00 p.m. to 7:00 a.m.
Plant site layout and design shall be located in such a Applicant In conjunction with CUP and Site Plan manner as to minimize impacts to residences to the developmental review southwest of Planning Area N, behind the Southern Pacific process for CUP Railroad embankment.
The project will comply with noise review policy 14.1.1. Applicant and City of In conjunction with Development Permit(s) and Neis Element. The policy provides that new industrial - San Bernardino developmental review Annual Reporting process for Developinent Compliance for MM/RP
uses or expansions to existing industrial uses shall not Permit(s) generate noise levels on areas containing sensitive land uses G/9053139N-3000 1-14
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.6 Land Use
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) No mitigation proposed. N/A N/A N/A
G/9053139N-3000 1-15
-
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.7 Traffic and Circulation
!.
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) Road improvements shall be provided along Cajon Applicant and City of During Construction Tentative Map San Bernardino
Tentative Map approval process for Planning Areas D, E
and F; G and H; K and L; and, A and B.
Individual lot driveway access, to Planning Areas A, B, D Applicant and City of During Construction Tentative Map (ultimate), E, G, H and K along Cajon Boulevard shall San Bernardino share points of access.
Road frontage improvements shall be provided along Applicant and City of During Construction Tentative Map and Specific Institution Road in accordance with the Infrastructure San Bernardino Plan Infrastructure Improvement Plan (Figure 4.7-2) as a condition of the Improvement Plan Tentative Map approval process for Planning Areas G and H; and, I and J.
Access road improvements, including a provision for a Applicant and City of During Construction Tentative Map or CUP west bound left turn lane, shall be made at Institution Road San Bernardino should Planning Areas I and J or N precede development
of Planning Areas G and H.
Internal street access to Planning Areas I and J should be -Applicant and City of During Construction Tentative Map or CUP limited to two points along Institution Road frontage. San Bernardino Adequate access shall be provided for both on-site uses, as well as the provision of an on-site access road for
aggregate transport trucks connecting Planning Areas M
and N to the south.
Interim improvements of the Cajon Boulevard, Institution Applicant and City of During construction Specific Plan Infrastructure Road and Palm Avenue intersection shall include San Bernardino Improvement Plan realignment of the Institution Road leg of the intersection in accordance with the Traffic Study.
G/9053139N-3000 1-16
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.7 Traffic and Circulation
• Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation (By/Date) The ultimate intersection improvement at Cajon Boulevard, Applicant and City of : During construction Tentative Map and Specific Institution Road and Palm Avenue (see Detail "A" of San Bernardino Traffic Plan Infrastructure Infrastructure Improvement Plan) shall be provided as a Engineering Improvement Plan condition of the Tentative Map approval process for
Planning Areas G and H.
Improvement of the Cajon Boulevard and Kendall Drive Applicant and City of During construction Tentative Map and Specific intersection, as condition of the Tentative Map approval San Bernardino Traffic Plan Infrastructure process for Planning Areas A and B, shall be provided in Engineering Improvement Plan accordance with the Infrastructure Improvement Plan (see Detail "B*).
A traffic study to assess impacts of Long-Term Applicant and City of In conjunction with Traffic Study development at the I-215/Palm Avenue and I-125/Devore San Bernardino Traffic development review process Road interchange will be completed prior to approval of Engineering for Development Permit(s) he Parcel Maps for the Long-Term phase of the industrial development, or prior to approval of any development that will put the projected trip generation over 10,000 ADT.
The San Bernardino City Traffic Engineer will be Applicant and City of Prior to and during Specific Plan Infrastructure consulted to ensure that traffic safety impacts are given San Bernardino Traffic construction Tuprovement Plan primary consideration in the construction, maintenance and Engineering operation of all highway improvements.
Palm Avenue shall be restriped between Caion Boulevard Applicant and City of As required by the City Specific Pian Infrastructure and the I-215 freeway, if warranted in accordance with San Bernardino Traffic Improvement Plan requirements of the City Engineer, in order to Engineering accommodate four lanes of traffic.
The use of Cajon Boulevard south of the Cable Creck Applicant During mining operations CUP and Specific Plan Channel by aggregate trick traffic shall be limited to use for local deliveries.
G/905313928-3000 1-17
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.8 Visual Resources
Reporting Monitoring and Reporting Completed
Mitigation Measura Responsibility Timing Documentation (By/Date) As phased mining activities progress, previously extracted Applicant During Reclamation Plan Reclamation Plan Progress areas shall be concurrently reclaimed, and revegetated with Phasing Report and Annual indigenous plant materials in conformance with the Inspection Form Reclamation Plan Revegetation Plan.
Applicant In conjunction with CUP
developmental review
views of this equipment. process for CUP
Aggregate plant site structures, such as crushers, conveyor Applicant In conjunction with CUP systems, and processing facilities, shall be painted with one developmental review or more non-intrusive colors that blend into the process for CUP surrounding landscape.
All lighting for mining and processing facilities shall be Applicant In conjunction with CUP directed on-site and shall be downward-oriented to provide developmental review direct lighting in the immediate area so that potential plare process for CUP effects upon surrounding land uses are reduced.
Landscape screening shall be used along portions of the. Applicant Ir. conjunction with Development Permit(s) western boundary of the project area to visually buffer developmental review and/or CUP views from sensitive viewers along Cajon Boulevard in process for Development accordance with Specific Plan Design Guidelines. ... Permit(s) and/or CUP If the planned light industrial developments within Planning Applicant developmain review Development Permit(s) Areas E and K, proposed to buffer extractive operations in and/or CUP Planning Areas F and L, are not developed prior to process for Development commencement of extractive operations, carthen berms Permits) and/or CUP and/or landscape screen veretation shall be used to
accomplish visual buffering until the developments are
constructed.
G/9053139N-3000 1-18
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.9 Cultural and Historic Resources
•
Reporting Monitoring and Completed
Mitigation Measure Responsibility Timing Reporting Documentation (By/Date) Applicant and Qualified During development Incident report from Tie dori rebading, any or arhirie aral remainsayer 50 Archaeologist grading archaeologist immediate area should cease until a qualified archaeologist is bruces. Tra resource is sermined to be signifi of the would then be made following consultation with the State adverse Prete on on tural resures termine to cigare
significant, measures would be developed and
implemented, i.e., preservation in-place data recovery
(including reports), reclamation, relocation, designation as environmentally sensitive areas, and other physical and administrative measures.
019053139N-3000 1-19
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.10 Hazardous Materials
Reporting Monitoring and Reporting Completed
Mitigation Measur: Responsibility Timing Documentation (By/Date) All underground fuel or oil storage tanks and piping will HMMD and Applicant In conjunction with Business Plan be double-walled and contain leak detection equipment, developmental review overfill and spill protection. No bulk storage of fuels or oils in the effective 100 year floodplain will be permitted. Permiss ador Cand Valid operating permits will be obtained from the County during operation Hazardous Materials Management Division (HMMD).
Waste oil tanks will be emptied on a regular basis by an oil HMMD and Applicant During operation Business Plan recycler.
Above-ground asphalt oil storage tanks will be protected by HMMD and Applicant In conjunction with Business Plan a containment berm to provide protection in the event of a developmental review spill. The containment berm shall be capable of holding process for Development 150 percent of the combined capacities of the tanks. Permit(s) and during operation
Fuel dispensing areas will contain sill achment features. HMMD and Applicant In conjunction with Business Plan developmental review
process for Development
Permit(s) and during
operation
Greases and lubricating oils will be stored in drums on a HMMD and Applicant In conjunction with Business Plan concrete pad having spill containment. developmental review Solvents will only be used for parts cleaning and will be HMMD and Applicant In conjunction with Business Plan kept in a fully-contained system that recycles spent solvent. developmental review process for Development
Permits) and during
operation
CV9053139N-3000 1-20
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.10 Hazardous Materials
Reporting Monitoring and Reporting Completed
Mitigation Measure Responsibility Timing Documentation • (By/Date) Liquid concrete additives, where possible, will be HMMD and Applicant In conjunction with • Business Plan purchased in bulk quantities in order to reduce the-number developmental review of containers on site at any given time; these materials will Permit and dring ent be stored separately from petroleum products, in an area having spill containment. operation
Callat will self-insure its financial responsibility for Applicant •Prior to and during Business Plan accidents and spills, clean-ups and damages to third parties, operation as required by the EPA.
A Business Plan will be developed in compliance with HMMD and Applicant Prior to occupancy and Business Plan Chapter 6.95 of the California Health and Safety Code to during operation assure that emergency service personnel and employees are able to respond effectively to potential problems presented by an accident or emergency. The Business Plan will be
submitted to the County of San Bernardino Health Services Risk Management Division, and to the City of San
Bernardino Fire Department, at least 45 days prior to
operation. A copy of the Business Plan will be maintained at the subject property.
An Authority to Construct and Permit to Operate will be SCAQMD Prior to constriction & . Perinit to Oppiste secured from SCAQMD as required, in order to assure that operation proper compliance with all applicable air quality
regulations is achieved.
A Waste Discharge permit will be secured from the RWQCB Prior to construction and Permit to Operate and Regional Water Quality Control Board to assure that all operation Section 401 Certification water quality requirements are met.
C/9053139N-3000 1-21
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.11 Public Services and Utilities
Reporting Monitoring and Completed
Mitigation Measure Responsibility Timing Reporting Documentation (By/Date) Fire Protection: City of San Bernardino Prior to Final Map Final Map Fire Department and Approval
Delivery of an adequate volume of water to the site shall SBMWD be accomplished to meet fire flow requirements.
CalMat shall comply with the City of San Bernardino Applicant Life of Project Complane for MARP price, which may ine tude a pro rated fe to pay foment
additional fire service protection to the project.
Water Supply: Applicant In conjunction with "Will serve" letter developmental review
A commitment to provide water service to the CalMat process for Development Cajon Creek Specific Plan project, in the form of a "will ... Permit(s) serve" letter, shall be obtained from the SBMWD as part of project approval.
SBMWD Prior to Final Map Final Map
Approval
Water facilities shall be designed and installed in SBMWD Prior to Final Map nal Map accordapce with the requirements of the San Bernardino Approval Municipal Water Department.
G/9053139N-3000 1-22
TABLE 1-1 (Continued)
Mitigation Monitoring/Reporting Program
4.11 Public Services and Utilities
Reporting Monitoring and Completed
Mitigation Measure Responsibility Timing Reporting Documentation (By/Date) Prior to final map approval, a detailed design of the on-site SBMWD Prior to Final Map. Final Map water production, transmission, storage and distribution Approval network shall be completed to the satisfaction of the Water Department. The design of the facilities shall meet the industrial and fire demand requirements of the Water
Department and the City of San Bernardino and shall meet the minimum requirements of the California Health and
Safety Code and the California Water Core for domestic
water systems.
The developer shall be responsible for the construction of Applicant In conjunction with Development Permit(s) and onsite improvements and a proportionate share of the developmental review Specific Plan Infrastructure offsite facilities required to serve the project. process for Development Improvement Plan Permit(s) and prior in
construction
The project developer shall fund the Water Department's Applicant In conjunction with Development Permit(s) detailed design of off-site water system enhancements developmental review necessary to provide water service to the CalMat Cajon process for Development Creek Specific Plan in accordance with the Water Permit(s) and Landscape Department's master plan. Plan
To reduce incremental region-wide impacts to the water Applicant In conjunction with Development Permit(s) and supply of San Bernardino County, conservation measures developmental review a landscape plan shall be implemented; i.e., the Specific Plan Design process for Development Guidelines identifies the use of xerophytic (droucht- • : Permit(s) tolerant) plants for landscaping.
Aggregate processing wastewater shall be clarified on-site Applicant During operations Specific Plan, CUP and and recycled for aggregate processing operations where Annual Reporting feasible to minimize consumption. Compliance for MM/RP
Q19053139N-3000 -1-23
TABLE 1-1 (Concluded)
Mitigation Monitoring/Reporting Program
4.11 Public Services and Utilities
Reporting Monitoring and Completed
Mitigation Measure Responsibility Timing Reporting Documentation (By/Date) Utility Structures and Easements: Applicant and CalNev Survey and delineation of pipeline location
Prior to mining in Planning Area P, the location of the process for CUP prior to CallNev petroleum pipeline will be surveyed, and either the mining west side of excavation will be set back 100 feet from the pipeline; or, the pipeline will be relocated.
If it is necessary to relocate the pipeline, protection of the Applicant and CalNev Prior to mining Statement of approval from petroleum pipeline shall be in accordance with CalNev Caller policies for the protection of the pipeline during relocation.
G/9053139N-3000 1-24
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4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Report
4.0 MITIGATION MONITORING AND REPORTING PLAN
CEQA Section 21081.6 requires adoption of a Mitigation Monitoring and Reporting Plan (MMRP) for those measures or conditions placed on the Project to mitigate or avoid adverse effects on the environment.
The law states that the MMRP shall be designed to ensure compliance during Project implementation.
When implemented, environmental effects associated with the Project will be reduced or eliminated.
The MMRP has been prepared as a matrix containing the following elements:
• Measures that would mitigate significant impacts on the environment are recorded with the action and the procedure necessary to ensure compliance.
A procedure of compliance and verification is outlined for each measure. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported.
• The MMRP is designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the MMRP.
The MMRP will be in place through all phases of the Project. The County planner, assigned to the Project by the County Planning Director, shall coordinate enforcement of the MMRP and oversee it to ensure that proper action is taken on each mitigation measure.
The Project planners or responsible County departments have the authority to stop the work of the operator if compliance with aspects of the MMRP are not occurring after written notification has been issued.
August 2020 4-1 Area Q Quarry Project Final EIR
Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PLAN
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Area Q Quarry Project Final EIR 4-2 August 2020
4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Report Table 4-1 Mitigation Monitoring and Condition Compliance Program Environmental Impact Mitigation Measures Compliance/Monitoring Procedure Responsible Department
BIOLOGICAL RESOURCES
Impact BIO-1: Would the Project have a Mitigation Measure BIO-1: San Bernardino County, Land Use Services substantial adverse effect, either directly or If determined necessary, consult with the California Department of Fish and Wildlife Per Project Design Feature (PDF) No. 28, Vulcan shall Department, Planning Division through habitat modifications, on any (CDFW) prior to the removal of any raptor nest on the Project site, if found. conduct wildlife/plant awareness training programs for species identified as a candidate, sensitive, employees (including new employee orientation and California Department of Fish and Wildlife or special status species in local or regional Mitigation Measure BIO-2: annual refresher trainings). The program shall also plans, policies, or regulations, or by the If ground disturbance and vegetation removal cannot occur outside of the nesting address sightings of occupied raptor nests on or near the California Department of Fish and Wildlife season, a preconstruction clearance survey for nesting birds should be conducted facility and how to properly report to the County and or U.S. Fish and Wildlife Service? within thirty (30) days of the start of any vegetation removal or ground disturbing CDFW. CDFW shall provide assistance in developing the activities to ensure that no nesting birds will be disturbed during construction. training program, if needed.
I belat enduring the earne sure tou leane else une with active avian nest is discovered during the preconstruction clearance survey, construction activities should stay outside of a 300-foot buffer around the active nest. construction surveys for nesting raptors and oversee For raptor species, this buffer is expanded to 500-feet. It is recommended that a avoidance of active nests during mining activities. biological monitor be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by If nests are found within identified ranges, the CDFW the construction activity. Once the young have fledged and left the nest, or the nest shall be contacted. The qualified biologist, in consultation with the CDFW, shall determine the
otherwise becomes inactive under natural conditions, normal construction activities appropriate course of action under applicable State law. can occur.
BIO-2:
Qualified biologist will conduct pre-construction surveys for nesting migratory birds and raptors during the nesting bird season (generally from early February through
August) and oversee avoidance of active nests during
construction and ground disturbance activities. Nesting bird surveys shall be conducted within thirty (30) days of the start of any vegetation removal or ground disturbing activities.
If nests are found within identified ranges, the CDFW
shall be contacted. The qualified biologist, in
consultation with the CDFW, shall determine the
appropriate course of action under applicable State law.
CULTURAL RESOURCES
August 2020 4-3 Area Q Quarry Project Final EIR
Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Mitigation Measures Compliance/Monitoring Procedure Responsible Department Impact CUL-1: Would the Project cause a CUL-1: San Bernardino County, Land Use Services substantial adverse change in the Prior to the initiation of ground-disturbing activities, field personnel should be alerted Per Project Design Feature (PDF) No. 28, Vulcan shall Department, Planning Division significance of a historical resource to the possibility of buried prehistoric or historic cultural deposits. In the event that conduct cultural resource awareness training programs field personnel encounter buried cultural materials, work in the immediate vicinity of for employees (including new employee orientation and the find should cease and a cultural resources professional that meets the U.S. annual refresher trainings). If needed, a qualified Secretary of the Interior Professional Qualification Standards for Archaeology (a archeologist shall provide assistance in developing the qualified archaeologist) should be retained to assess the significance of the find. The training program. qualified archaeologist would have the authority to stop or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources In the event field personnel encounter potential buried present meet eligibility requirements for listing in the California Register of Historical cultural materials, operations will immediately divert Resources or the National Register of Historic Places, plans for the treatment, work at a minimum of 150-feet and place an exclusion evaluation, and mitigation of impacts to the find would be developed. Prehistoric or zone around the discovery location. A qualified historic cultural materials that may be encountered during ground-disturbing activities archaeologist will be retained to assess the significance and provide direction.
• historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects; If such finds are found the San Bernardino County Land • historic structural or building foundations, walkways, cisterns, pipes, privies, Use Services Department shall be notified. and other structural elements;
• prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates;
• groundstone artifacts, including mortars, pestles, and grinding slabs; • dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks.
Impact CUL-2: Would the Project cause a
substantial adverse change in the Mitigation Measure CUL-1 See Above See Above
significance of an archaeological resource
pursuant to §15064.5?
Area Q Quarry Project Final EIR 4-4 August 2020
4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Report Compliance/Monitoring Procedure Responsible Department
Impact CUL-3: Would the Project disturb San Bernardino County, Land Use Services any human remains, including those If human remains are encountered during Project operations, per State Health and Per Project Design Feature (PDF) No. 28, Vulcan shall Department, Planning Division interred outside of dedicated cemeteries? Safety Code Section 7050.5, no further disturbance shall occur until the County conduct cultural resource awareness training programs Coroner has made a determination of origin and disposition pursuant to Public for employees (including new employee orientation and San Bernardino County Coroner Resources Code Section 5097.98. The County Coroner must be notified of the find annual refresher trainings). immediately. If the remains are determined to be prehistoric, the Coroner will notify Native American Heritage Commission the Native American Heritage Commission (NAHC), which will determine and notify a If potential human remains are encountered during (NAHC) Most Likely Descendant (MLD). With the permission of the landowner or his/her Project operations, operations will immediately divert authorized representative, the MLD may inspect the site of the discovery. The MLD work at a minimum of 150-feet and place an exclusion shall complete the inspection within 48 hours of notification by the NAHC. zone around the discovery location. The San Bernardino County Coroner shall be contacted immediately in order
to assess the remains and to determine the correct
action.
If the coroner has reason to believe that the remains are of Native American origin, he or she will contact the
NAHC by telephone within 24 hours.
If Native American remains are discovered, an agreement shall be executed between the operator/landowner and
NAHC regarding treatment of burial items and
unanticipated human remains.
GEOLOGY AND SOILS
August 2020 4-5 Area Q Quarry Proiect Final EIR
Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Mitigation Measures Compliance/Monitoring Procedure Responsible Department Impact GEO-1: Would the Project expose Mitigation Measure GEO-1: GEO-1: San Bernardino County, Land Use Services people or structures to potential Should there be areas along slopes where alluvial materials are loose, and/or there is In the event there is evidence of dislodgement, Vulcan Department, Planning Division substantial adverse effects, involving the evidence of dislodgement, the operator will install a soil catchment berm at least 10- shall install a soil catchment berm at risk of loss, injury, or death involving: feet from the toe of the slope in those areas, as needed, to prevent falling coarse least 10-feet from the bottom of slopes in areas where Rupture of a known earthquake materials from rolling out into the quarry bottom. there is evidence of loose alluvial materials or fault, as delineated on the most clast dislodgement.
recent Alquist-Priolo Earthquake Mitigation Measure GEO-2:
Fault Zone Map issued by the State Approximately every 12 to 18 months during active mining, a California Certified GEO-2:
Geologist for the area or based on Engineering Geologist (CEG) will observe exposed cut faces of the mining operation in Approximately every 12 to 18 months during active other substantial evidence of Area Q for evidence of the Fault, and if warranted assess the potential for surface mining, a California Certified Engineering Geologist (CEG) known fault; rupture and/or slope failure. will be retained by Vulcan to observe exposed cut faces Strong seismic ground shaking; of the mining operation in Area Q for evidence of the Seismic-related ground failure, Fault, and, if warranted, assess the potential for surface including liquefaction; or rupture and/or slope failure I. Landslides?
Reports of seismic events and subsequent geotechnical
evaluations, if any were warranted, shall be part of the annual monitoring report prepared and submitted to the
County, and/or California Department of Conservation.
shall be maintained onsite and provided to the County
upon request.
Impact GEO-4: Would the Project directly Mitigation Measure GEO-3: GEO-3: San Bernardino County, Land Use Services or indirectly destroy a unique Site workers will be trained and instructed to stop working in the immediate area upon Per Project Design Feature (PDF) No. 28, Vulcan shall Department, Planning Division paleontological resource or site or unique discovery of a vertebrate fossil. A County of San Bernardino Qualified Paleontologist conduct paleontological resource awareness training geologic feature? will be contacted to examine the vertebrate remains and recommend and implement programs for employees (including new employee appropriate measures to curate the fossil materials, if warranted. orientation and annual refresher trainings). If needed, a qualified archaeologist/paleontologist shall provide
assistance in developing the training program.
In the event field personnel encounter potential buried paleontological materials, earthmoving activities shall cease in the immediate area of the find and a qualified archaeologist/paleontologist will be retained to assess the significance and provide direction.
If such finds are found the San Bernardino County Land
Use Services Department shall be notified.
Area Q Quarry Project Final EIR 4-6 August 2020
4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Report Environmental Impact | Mitigation Measures Compliance/Monitoring Procedure Responsible Department
NOISE AND VIBRATION
Impact NO-1: Generation of a substantial Mitigation Measure NO-1: San Bernardino County, Land Use Services temporary or permanent increase in Topsoil/subsoil removal and berm construction activities shall only occur between the Prior to commencement of normal operations, Vulcan Department, Planning Division ambient noise levels in the vicinity of the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday as defined by Section shall install the approximately 10-foot high berm along project in excess of standards established 83.01.080(g)(3)-Exempt Noise of the San Bernardino County Code of Ordinances. the southern boundary of the Project site. Berm in the local general plan or noise construction shall occur between the hours of 7:00 a.m. ordinance, or applicable standards of other and 7:00 p.m. except Sundays and Federal holidays in accordance with Section 83.01.080(g)(3) of the San
Bernardino County Development Standards.
Compliance with this mitigation will be verified through annual County Mine Inspections.
TRIBAL CULTURAL RESOURCES
August 2020 4-7 Area Q Quarry Proiect Final EIR
Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PLAN Impact TCR-1: Would the project cause a TCR-1: San Bernardino County, Land Use Services substantial adverse change in the Prior to the initiation of ground-disturbing activities, field personnel should be alerted Per Project Design Feature (PDF) No. 28, Vulcan shall Department, Planning Division significance of a tribal cultural resource, to the possibility of buried historical or TCR deposits. Consistent with CEQA Guidelines conduct tribal cultural resource awareness training defined in Public Resources Code section Section 15064.5(f), in the event that field personnel encounter buried TCR materials, programs for employees (including new employee San Bernardino County Coroner 21074 as either a site, feature, place, work in the immediate vicinity of the find should cease and a tribal consultant and/or a orientation and annual refresher trainings). cultural landscape that is geographically qualified archaeologist that meets the U.S. Secretary of the Interior Professional Native American Heritage Commission defined in terms of the size and scope of Qualification Standards for Archaeology will be retained to assess the significance of In the event field personnel encounter potential buried (NAHC) the landscape, sacred place, or object with the find and notify the appropriate Tribes. The qualified archaeologist will have the tribal cultural materials, earthmoving activities shall cultural value to a California Native authority to stop or divert construction excavation as necessary. cease in the immediate area of the find and a qualified American tribe, and that is: archaeologist will be retained to assess the significance Would the Project cause a Mitigation Measure TCR-2: and provide direction. substantial adverse change in the Upon discovery of human remains, the operation will immediately divert work at significance of a tribal cultural minimum of 150-feet and place an exclusion zone around the discovery location. The If the qualified archaeologist has reason to believe that resource, that is listed or eligible operator shall notify the County coroner pursuant to Public Resources Code (PRC) the remains are of Native American origin, he or she will for listing in the California Register §5097.98 and State Health and Safety Code $7050.5. Work will continue to be contact the NAHC by telephone within 24 hours. The San of Historical Resources, or in a local diverted while the coroner determines whether the remains are human and Bernardino County Land Use Services Department shall register of historical resources as subsequently Native American. The discovery is to be kept confidential and secure to also be notified. defined in Public Resources Code prevent any further disturbance. If the finds are determined to be Native American, section 5020.1(k)? the coroner will notify the Native American Heritage Commission (NAHC) as mandated TCR-2:
Would the Project cause a by state law who will then appoint a Most Likely Descendent (MLD). See Mitigation Measure CUL-2 above. If potential human substantial adverse change in the remains are encountered during Project operations, significance of a tribal cultural Mitigation Measure TCR-3: earthmoving activities shall cease in the immediate area resource determined by the lead If the Gabrieleño Band of Mission Indians - Kizh Nation is designated MLD, the Koo- of the find. The San Bernardino County Coroner shall be agency, in its discretion and nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" contacted immediately in order to assess the remains and supported by substantial evidence, encompasses more than human bones. In ancient as well as historic times, Tribal to determine the correct action. to be significant pursuant to traditions included, but were not limited to, the preparation of the soil for burial, the criteria set forth in subdivision (c) burial of funerary objects with the deceased, and the ceremonial burning of human If the coroner has reason to believe that the remains are of Public Resources Code Section remains. The prepared soil and cremation soils are to be treated in the same manner of Native American origin, he or she will contact the 5024.1. In applying the criteria set as bone fragments that remain intact. Associated funerary objects are objects that, as NAHC by telephone within 24 hours. forth in subdivision (c) of Public part of the death rite or ceremony of a culture, are reasonably believed to have been Resource Code Section 5024.1, the placed with individual human remains either at the time of death or later; other items If Native American remains are discovered, an agreement lead agency shall consider the made exclusively for burial purposes or to contain human remains can also be shall be executed between the operator/landowner and significance of the resource to a considered as associated funerary objects. NAHC regarding treatment of burial items and California Native American tribe? If the San Manuel Band of Mission Indians is designated MLD in accordance with the unanticipated human remains. legal process noted in Mitigation Measure CUL-2 presented in Section 3.4 - Cultural Resources, the MLD will work with the Coroner, NAHC, landowner, and Lead Agency TCR-3 through TCR-8:
regarding culturally appropriate practices and recommended next steps. See TCR-1 and TCR2 above.
Mitigation Measure TCR-4:
Prior to the continuation of ground disturbing activities, the land owner shall confer with the MLD tribe for the respectful reburial of the human remains and/or Area Q Quarry Project Final EIR 4-8 August 2020
4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Report ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The MLD tribe will make every effort to recommend diverting the Project and keep the remains in situ and protected, and the landowner/applicant shall make every effort to comply with these recommendations. If the Project cannot be diverted, it may be determined that burials will be removed. The MLD tribe will work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the MLD tribe, documentation shall be taken that includes, at a minimum, detailed descriptive notes and sketches. Additional types of documentation shall only occur once approved by the MLD tribe for data recovery purposes. Cremations will either be removed in bulk or by any means necessary to ensure completely recovery of all material. If the discovery of human remains includes four or more burials, the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the MLD tribe and the NAHC. The tribes do not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
Each occurrence of human remains and associated funerary objects that requires data recovery will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects, and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within 6 months of recovery. The landowner shall confer with the MLD tribe regarding the site of reburial/repatriation to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
Mitigation Measure TCR-5:
Upon discovery of any tribal cultural or archaeological resources, construction activities shall cease within the immediate vicinity of the find (60-foot buffer) until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist, by a member of the Gabrieleño Band of Mission Indians - Kizh Nation, and a member of the San Manuel Band of Mission Indians Cultural Resources Department. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians - Kizh Nation and San Manuel Band of Mission Indians shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or reburial onsite, though will recommend data recovery for educational purposes if other options are exhausted. Work may continue on other parts of the Project while evaluation and, if necessary, additional protective mitigation takes place (CEQA Guidelines Section15064.5(f)). If a resource is determined by the August 2020 4-9 Area Q Quarry Project Final EIR
Environmental Impact Report 4.0 MITIGATION MONITORING AND REPORTING PLAN Environmental Impact Mitigation Measures Responsible Department qualified archaeologist to constitute a "historical resource" or "unique archaeological resource", time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available.
For unique archaeological resources, preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All analysis proposals will be reviewed and approved by the consulting Tribes. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials within the County, if such an institution agrees to accept the material. If no institution accepts the archaeological material that is not Native American in origin, they shall be offered to the Gabrieleño Band of Mission Indians - Kizh Nation or a local school or historical society in the area for educational purposes.
Mitigation Measure TCR-7:
Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the NAHC and PRC 5097.98 shall be followed. More details on this process can be found in Mitigation Measure CUL-2 (see Section 3.4 - Cultural Resources).
Mitigation Measure TCR-8:
Archaeological and Native American consultant's management of TCRs during the Project excavations will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. The Archaeologist must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator working with Native American archaeological sites in southern California. The qualified archaeologist shall ensure that all other personnel associated with TCRs are appropriately trained and qualified.
Area Q Quarry Proiect Final EIR 4-10 August 2020