Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 1 of 20 ~ DRAFT ~
CITY OF SAN CLEMENTE
USACE COASTAL STORM DAMAGE REDUCTION PROJECT FINAL EIS/EIR & SEA
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
JULY 2023
Project Name: San Clemente Coastal Storm Damage Reduction Project Description: The U.S. Army Corps of Engineers (USACE) and the City of San Clemente (City) have prepared a joint Final Feasibility Study and Final Environmental Impact Statement/Environmental Impact Report (FEIS/FEIR) and Supplemental Environmental Assessment and Finding of No Significant Impact (SEA/FONSI) for the Coastal Storm Damage Reduction Project (Project). The FEIS/FEIR evaluates potential options for reducing storm damage related coastal erosion over a 50-year period. The Proposed Project in San Clemente includes construction of a 50-foot-wide beach fill along a 3,412-foot-long stretch of shoreline using 250,000 cubic yards of compatible sediment, with renourishment in same amount every 6 years on average over a 50-year period of Federal participation, for a total of 8 additional nourishments. Material for the beach fills will be dredged from a borrow site located off the coast of San Diego County. Physical monitoring of the performance of the project will be required annually throughout the 50-year period of Federal participation. The Proposed Project would provide coastal storm damage reduction throughout the project areas and would maintain and enhance the existing recreational beach.
Project Location: The project consists of a public beach segment along the San Clemente Shoreline which is 3,412 feet long and borrow site 2A located offshore of Oceanside.
Purpose: The following Mitigation Measure Reporting Program (MMRP) includes Mitigation Measures from the NEPA/CEQA documents as well as other Environmental Monitoring Commitments that are standard operating procedures (SOP) and/or best management practices (BMPs) for such a project and additional project conditions of approval (conditions) and have been incorporated into the Project and are to be implemented before, during, or after construction of the initial fill and renourishment events as required and as noted below in accordance with the FEIS/FEIR and SEA/FONSI. Additional project design features and best management practices, which are not require Mitigation Measures, are also listed in this document in an effort to be as comprehensible as possible.
ATTACHMENT 11
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 2 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference
SEA / FONSI
Green Sea Turtle Monitoring
During dredging, transit to and from the Oceanside Borrow Site, and placement of dredged material at the Placement Area, a qualified biologist or qualified monitor with experience monitoring GST will be onboard the hopper dredge to monitor for the presence of GST. The GST monitor will identify and communicate if there is a need to cease or alter operations to avoid impacts to GST. Additional details in Appendix A (Green Sea Turtle Monitoring Program).
Duration of active
dredging/
placement
activities
USACE and City of
San Clemente
2023
SEA/FONSI
Physical Monitoring Continuing construction monitoring efforts will consist of direct surveys of the beach and seabed morphology. Survey methods will consist of topographic measurements, bathymetric measurements, surf quality observations, and video stereo photogrammetric methods. The monitoring period will begin one year before construction (for the surf quality observations) and continue for the 50- year period of Federal involvement. Beach width measurements shall be obtained from the subaerial portion of the beach. Conventional topographic measurements will be obtained of the sub-aerial portion of the beach and bathymetric measurements of the surf zone and seabed morphology will be obtained using conventional acoustic sonar methods. Measurements will be obtained along pre-determined transects that coincide with historical transect locations, and mass points to develop a well- defined terrain model of the littoral system.
Post-construction USACE and City of
San Clemente
IFR (coastal engineering
appendix); CZMA
(page 8)
California Coastal Commission Federal Consistency Determination Project Conditions Grunion Monitoring (if Project extends into Grunion season) If unanticipated delays result in a time extension of disposal into the grunion season (which is typically March through August), prior to any such sand placement, the USACE will inform the CCC staff, and agree to implement and adhere to the same grunion monitoring measures, mitigation triggers, and mitigation requirements as those adopted by the Commission on June 15, 2011, in its review of the San Diego Association of Governments’ (SANDAG’s) coastal development permit 6-11-018, Condition No. 8 (Grunions).
If construction
extends to March
- August
USACE and City of
San Clemente
2023
SEA/FONSI
(Exhibit 13,
Appendix C)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 3 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Final Monitoring Plans Prior to commencement of construction, the USACE will provide to the CCC Executive Director, for review and concurrence, a copy of the final Preconstruction Engineering and Design (PED) phase surveys and the subsequent monitoring plans, including:
x the final biological (reef/surfgrass) Mitigation and
Monitoring Plan (MMRP), including all surveys conducted in preparation of that plan; x the surfing monitoring plan;
x the turbidity monitoring plan;
x the Stormwater Pollution Prevention Plan (SWPPP); and x (e) the Oil Spill Prevention and Response Plan (OSPRP).
Pre-construction Complete USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Biological Resources The final MMRP shall assure:
x that biological monitoring of all offshore potential impact areas shall be for a minimum of 2 years pre-construction and 2 years post construction; x that monitoring and analytical methods are adequate to identify and accurately measure all short- and long-term impacts from the beach nourishment effort; x that appropriate mitigation sites are available to address potential impacts; and
x that the success criteria and analytical methods used are adequate to demonstrate a difference between impact/mitigation site and control sites.
Construction shall not commence until the USACE has received written concurrence from the CCC Executive Director that the MMRP satisfies all these criteria.
Pre-construction
(2 years)
Post-construction
(2 years)
Completed
2018-2020
USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2);
MMRP
Surf Monitoring Adequate baseline data collection, including, if feasible, a full year of preconstruction monitoring to determine the baseline condition. Additional details in Appendix B (Surf Monitoring Program).
Pre-construction Complete USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2 &
Exhibit 15,
Appendix C);
CZMA (page 8)
Construction Staging Plan
The staging plans will assure:
x that staging will not be permitted on public beaches, within public beach parking lots, or in any other location that would otherwise restrict public access to the beach; and Construction USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 4 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference x that the minimum number of public parking spaces (on and off-street) that are required for the staging of equipment, machinery and employee parking and that are otherwise necessary to implement the project will be used.
Water Resources Plan The SWPPP will assure that:
x the contractor will not store any construction materials or waste where it will be or could potentially be subject to wave erosion and dispersion; x no machinery will be placed, stored or otherwise located in the intertidal zone at any time, except for the minimum necessary to implement the project; x construction equipment will not be washed on the beach; x where practicable, the contractor will use biodegradable (e.g., vegetable oil-based) lubricants and hydraulic fluids, and/or electric or natural gas-powered equipment; and x immediately upon completion of construction and/or when the staging site is no longer needed, the site shall be returned to its preconstruction state.
Construction USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
On-going Monitoring Reports to CCC
USACE will provide to the CCC Executive Director all monitoring reports, including biological monitoring (including biological mitigation monitoring), surfing monitoring, turbidity, and spill prevention and response monitoring, long-term shoreline monitoring, and cultural resource surveys.
Construction USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Out-of-kind Mitigation justification to CCC
For any mitigation shown necessary by the post-construction monitoring, USACE will not proceed to implement out-of-kind mitigations (e.g., using kelp habitat to mitigate surfgrass impacts, or providing mid-water habitat to mitigate for shallow water habitat impacts) without showing to the satisfaction of the CCC Executive Director that in-kind mitigation is infeasible. In addition, if out-of-kind mitigation is agreed to and implemented, the mitigation ratio shall be 4:1 (i.e., 4 acres of mitigation for one acre of (impact), and the area measured as the impact area shall be the entire seafloor area (and not, e.g., the acreage of scattered boulders alone).
Construction USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Renourishment Notification to CCC
USACE will notify the Executive Director prior to any reinitiation (after the first phase) of nourishment, and the USACE shall not implement any such renourishment until the CCC Executive Director has received all of the monitoring reports required by Pre-construction
for future/
subsequent
USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 5 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference that time, reviewed them, and agreed that the biological impacts have been mitigated and affected habitat restored to pre-project conditions. renourishment
events
RWQCB Section 401 Water Quality Certification Permit Conditions Stormwater Management Plan to SDRWQCB
USACE must submit a stormwater management plan for review by the SDRQQCB. The stormwater management plan must include measures for avoiding and minimizing indirect impacts to aquatic resources from Project activities.
Pre-construction
(NLT 30 days
prior)
In Process USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Eelgrass Monitoring A pre-construction eelgrass survey must be completed in accordance with the requirements of the CEMP. If eelgrass identified within 30 ft of project area, USACE must implement best management practices for the protection of eelgrass beds, as described in Attachment 3 of the SDRWQCB Order; and complete a post-construction eelgrass survey, performed by a qualified biologist, within 30 days following the completion of in-water Project activities. The post-construction survey shall be used to quantify and determine mitigation for any losses to eelgrass in conformance with the CEMP.
Pre-construction
(NET 90 days
prior)
Post-construction
(within 30 days if
needed)
USACE and City of
San Clemente
SDRWQCB order
Caulerpa Monitoring If applicable, USACE must conduct a surveillance-level survey for Caulerpa taxifolia and Caulerpa prolifera, in accordance with the requirements in the National Marine Fisheries Service’s Caulerpa Control Protocol, not more than 90 days before the start of in-water Project activities to determine presence/absence of this species within the immediate vicinity of the project. If any Caulerpa are identified during a survey, or at any other time before, during, or within 120 days following completion of authorized activities, both National Marine Fisheries Service and California Department of Fish and Wildlife must be contacted within 24 hours of first noting the occurrence. If any Caulerpa are detected, all disturbing activity must cease until such time as the infestation has been isolated and treated, or the risk of spread from the disturbing activity is eliminated in accordance with the Caulerpa Control Protocol.
Pre-construction
(NET 90 days
prior)
Construction
Post-construction
(120 days after)
USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Water Quality Monitoring
USACE must conduct visual monitoring of Project activities in the Pacific Ocean prior to, during, and after each period of project construction (e.g., pile extraction and driving) as described below. The receiving water visual monitoring Pre-construction
Construction
Post-construction
Ongoing USACE and City of
San Clemente
SDRWQCB order
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 6 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference documentation must be included in the Annual Progress Reports as described in Attachment 2 of the SDRWQCB Order. The following parameters shall be visually monitored immediately outside of the construction area: floating particulates, suspended materials, surface visible turbidity plume; and Grease, oil, sheen, odor, color, or any other significant discoloration of the water surface.
Annual Progress Report
USACE must submit Annual Progress Reports to the SDRWQCB prior to March 1 of each year following the issuance of the Order and continue to provide the reports until the SDRWQCB accepts the Project Completion Notification submitted by the USACE. Annual Progress Reports must be submitted even if Project activities are not conducted during the reporting period. Annual reports must contain the status and anticipated schedule for both the Project and Compensatory Mitigation site(s). Additional requirements for the contents of Annual Progress Reports are detailed in Attachment 2 of the SDRWQCB Order. Annual Progress Reports must include, at a minimum, the following:
x The status and anticipated schedule for completion of Project construction activities, including the installation and operational status of construction best management practices for water quality protection; x A description of any Project construction delays
encountered or anticipated that may affect the schedule; and x Photo documentation of all areas of impact before and after construction. Photo documentation must be conducted in accordance with SDRWQCB posted guidelines.
Annually prior to
March 1 until
project
completion
USACE and City of
San Clemente
SDRWQCB order
Geographic Information System Data
USACE must submit Geographic Information System (GIS) shapefiles and metadata that show the Project site(s) and impact areas associated with the Project. As part of the final Annual Progress Report, the USACE must submit GIS shape files and metadata that show mitigation site(s), including extent and distribution of aquatic resources.
Construction
(within 30 days
of start)
USACE and City of
San Clemente
2023
SEA/FONSI
(Section 5.2)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 7 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Final EIS/EIR Air Quality Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact AQ-50-3: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard.
MM-AQ-50-3.1: The construction contractors shall use on-shore heavy equipment that meets Tier II or higher air pollutant emission standards where these standards are applicable and equipment available. MM-AQ-50-3.2: All heavy equipment shall be maintained and tuned per manufacturer's specifications to perform at California Air Resources Board (CARB) and/or EPA certification, where applicable, levels and to perform at verified standards applicable to retrofit technologies.
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Potentially Significant and Unavoidable Cumulative Impact: Section 6.2.1 of the EIS/EIR states that construction of the related projects would be short-term and depending on the extent of construction, could have effects similar to or greater than that of the proposed Project. Even with the prescribed mitigation, the proposed action is anticipated to exceed the significance threshold limitations for NOx and PM2.5. In accordance with SCAQMD methodology, projects that exceed the daily threshold values and cannot be mitigated to less than the SCAQMD thresholds add significantly to the cumulative impact. As such, the beach fill Project also is considered as significant and unavoidable at the cumulative level.
MM-AQ-50-3.1: The construction contractors shall use on-shore heavy equipment that meets Tier II or higher air pollutant emission standards where these standards are applicable and equipment available. MM-AQ-50-3.2: All heavy equipment shall be maintained and tuned per manufacturer's specifications to perform at California Air Resources Board (CARB) and/or EPA certification, where applicable, levels and to perform at verified standards applicable to retrofit technologies.
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 8 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Water Resources, Sediments, Oceanography Potentially Significant Impact: The
EIS/EIR identifies potential significant indirect impact WQ-50-1: The water quality objectives in the California Ocean Plan (SWRCB 2005) are violated.
MM-WR-50-1.1: A SWPPP and an OSPRP shall be prepared for all construction activities. These plans shall specify specific measures that shall be taken during dredging and beach construction to avoid introducing contaminants to the ocean via leaks and spills. All measures shall be adhered to during Project construction. MM-WR-50-1.2: Turbidity shall be monitored during dredging. If a visible turbidity plume is observed beyond the immediate dredging area, dredging activities shall be modified (e.g., decrease the rate of dredging, move to a new dredge location) until the turbidity plume disperses. Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact WQ-50-2: Project operations or discharges that change background levels of chemical and physical constituents or elevate turbidity would produce long-term changes in the receiving environment of the site, area, or region that would impair the beneficial uses of the receiving water.
MM-WR-50-1.2: Turbidity shall be monitored during dredging. If a visible turbidity plume is observed beyond the immediate dredging area, dredging activities shall be modified (e.g., decrease the rate of dredging, move to a new dredge location) until the turbidity plume disperses. Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Biological Resources
MM-BR-50-2.1: An underwater survey for kelp and surfgrass shall be conducted by marine biologists prior to the initiation of beach fill activities. Based on the survey, a mooring location and a pipeline route shall be selected that minimizes contact with surfgrass and kelp habitat. If kelp and surfgrass Preconstruction,
Construction,
and Postconstruction
Preconstruction
monitoring
completed
in 2020
USACE and
City of San
Clemente
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 9 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-2: A longterm net loss in the habitat value of a sensitive biological habitat. For the purposes of this analysis, kelp beds, surfgrass beds, and well developed rocky intertidal are considered sensitive biological habitats. cannot be avoided completely, immediately following beach fill activities, another survey of the mooring and pipeline areas shall be conducted to determine whether kelp and surfgrass were damaged. If substantial damage to surfgrass or kelp occurs, an additional survey shall be conducted six months after the beach fill to determine if kelp and surfgrass have recovered. If substantial damage to kelp and eelgrass is still observed, restoration of habitat shall be implemented in consultation with the resource agencies.
MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a longterm loss of surfgrass and/or reef habitat. The mitigation and monitoring plan is included as Vol. I, Appendix B. If adverse significant impacts to surfgrass and/or reef habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFG. Rocky reef habitat will be created in the Project area at a ratio of 1 acre of Preconstruction,
Construction,
and Postconstruction
Preconstruction
monitoring
completed
in 2020
USACE and
City of San
Clemente
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 10 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs (Bull et al 2004).
Biological Resources
Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-5: Substantial adverse impact on Essential Fish Habitat.
MM-BR-50-2.1: An underwater survey for kelp and surfgrass shall be conducted by marine biologists prior to the initiation of beach fill activities. Based on the survey, a mooring location and a pipeline route shall be selected that minimizes contact with surfgrass and kelp habitat. If kelp and surfgrass cannot be avoided completely, immediately following beach fill activities, another survey of the mooring and pipeline areas shall be conducted to determine whether kelp and surfgrass were damaged. If substantial damage to surfgrass or kelp occurs, an additional survey shall be conducted six months after the beach fill to determine if kelp and surfgrass have recovered. If substantial damage to kelp and eelgrass is still observed, restoration of habitat shall be implemented in consultation with the resource agencies. MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a longterm loss of surfgrass and/or reef habitat. If adverse significant impacts to surfgrass and/or reef Preconstruction,
construction
and post
construction.
Preconstruction
monitoring
completed in
2020.
USACE, City
and
Contractors
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 11 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFW. Rocky reef habitat will be created in the Project area at a ratio of 1 acre of rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs.
Cultural Resources
Potentially Significant Impact: The Project has the potential for significant impact CR-50-1: Result in potentially significant impacts on cultural resources from project implementation.
MM-CR-50-1: Any earthmoving associated with this Project that will involve previously undisturbed soil will be monitored by a qualified archeologist who meets the Secretary of Interior’s Standards for an Archeologist (see 36 CFR Part 61). Earthmoving includes grubbing and ground clearing, grading, and excavation activities. If a previously unidentified cultural resource (i.e., property) that may be eligible for the NRHP is discovered, all earthmoving activities in the vicinity of the discovery shall be diverted until the USACE complies with 36 CFR § 800.13(a)(2).
Construction USACE and
City of San
Clemente
Final
EIS/EIR
MM-CR-50-2: Prior to construction, offshore borrow areas 1 and 2 will be subjected to an underwater remote sensing survey in order to determine if submerged cultural resources are Preconstruction Completed: June 3,
2020
USACE and
City of San
Clemente
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 12 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference present within these areas. The USACE will comply with Section 106 of the NRHP and its implementing regulations at 36 CFR 800, as amended. This compliance involves the identification and evaluation of cultural resources and consultation with the California State Historic Preservation Officer (SHPO), Native American tribes, and interested parties.
Noise Potentially Significant Impact: The
Project has the potential for significant impact N-50-4: Result in substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.
MM-N-50-3.1: The City of San Clemente Noise Element discusses the potential impacts of construction noise on the residents and requires construction to employ feasible and practical techniques and practices that minimize the generation of excessive noise on adjacent land uses. The Applicant shall implement the following:
x Regardless of dredge activity timing, onshore
equipment shall be restricted to the hours included in the City of San Clemente Noise Ordinance discussed above. x To reduce the nuisance value of on-shore
construction noise, on-shore construction activities located within 500 ft (152 m) of any residential unit shall not begin before 8:00 a.m. (as opposed to 7:00 a.m. as allowed in the Noise Ordinance). Work beyond may be performed in accordance with the hours included in the City Noise Ordinance. This provision shall not apply to any equipment mobilizing from the staging area that may pass within 500 ft (152 m) so long as it is not actively engaged in the movement of sand. x During all construction, the Project contractors
shall equip all onshore construction equipment with properly operating and maintained mufflers and engine shrouds consistent with manufacturers’ standards. x All heavy equipment shall be maintained in a
proper state of tune as per the manufacturers’ specifications.
Construction USACE and
City of San
Clemente
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 13 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference x The Project contractor shall place any stationary
construction equipment as far as feasible from proximate receptor locations.
Recreation Potentially Significant Impact: The
Project has the potential for significant impact REC-50-4: Result in a safety hazard to recreational beach users.
MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.
Construction USACE, City
and
Contractors
Final
EIS/EIR
Potentially significant and unavoidable short term and temporary impacts to Recreation have been identified in EIS/EIR Vol. I, Section 6.2.9 as there is the possibility that the initial beach fill or future maintenance nourishment activity may occur simultaneously along with Dana Point Harbor maintenance dredging activities. The cumulative presence of dredges and related dredging equipment may interrupt recreational activity in the Project vicinity for the duration of construction. Assuming beach use is low during the construction period, as it is planned for fall and winter seasons, cumulative impacts may be potentially significant, but temporary and short term in nature.
MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.
Construction USACE, City
and
Contractors
Final
EIS/EIR
Public Health and Safety
MM-WR-50-1.1: A SWPPP and an OSPRP shall be prepared for all construction activities. These plans shall specify specific measures that shall be taken during dredging and beach construction to avoid introducing contaminants to the ocean via leaks and spills. All measures shall be adhered to during Project construction.
PreConstruction
and
Construction
USACE, City
and
Contractors
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 14 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Potentially Significant Impact: The Project has the potential for significant impact PHS-50-1: Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, parks, and/or other public facilities.
MM-WR-50-1.2: Turbidity shall be monitored during dredging. If a visible turbidity plume is observed beyond the immediate dredging area, dredging activities shall be modified (e.g., decrease the rate of dredging, move to a new dredge location) until the turbidity plume disperses. Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.
Construction USACE, City
and
Contractors
Final
EIS/EIR
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 15 of 20 Appendix A – Green Sea Turtle Monitoring Program Details Requirements Period of Compliance Responsible Party Inflow screening must be designed to capture and retain material for the qualified biologist to monitor for the presence of ESAlisted species. The screened area must be accessible to the biological monitor to ensure 100% observer coverage. The biological monitor must inspect the contents of all inflow screening boxes after every load, including opening the box (where applicable and safely accessible) and looking inside at all contents for evidence of ESA-listed species entrainment. If the contents are not clearly visible and identifiable from a location outside of the box, then in limited instances, the biologicalmonitor may be required to enter the inflow box to identify contents for evidence of ESA-listed species take. All hopper dredges are required to have 100% inflow screening unless they must be removed for safety due to clogging as outlined below. x Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a larger screen size if clogging reduces the ability for the qualified biologist to monitor the inflow for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. Scenarios that may result in the clogging of inflow and overflow screens are dredged and project specific. x All modifications will be made in close coordination with the dredging contractor, qualified biologist, appropriate USACE project managers, and NMFS. The USACE will provide NMFS with a notification when screen sizes are increased or inflow screens are removed that will include an explanation of what attempts were made to reduce the clogging problem, how long the problem may persist, and how effective overflow screening will be achieved. x If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to clogging, the USACE will continue to re-evaluate the risk of clogging on a load by load basis and the inflow screens will be reinstated when clogging is no longer occurring. The USACE will track the number of loads that inflow screens were removed as part of the reporting requirements. x Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to inspection by the qualified biologist for evidence of ESA-listed take.
x If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or flushed unless overflow screening that captures contents for observation by the qualified biologist is operational and monitored for evidence of take. Once overflow screening is operational, the qualified biologist shall also visually monitor box contents as they are dumped or flushed into the hopper. All hopper dredges are recommended to have operational overflow screening and monitor for take after each load. Overflow screening is required to be installed and monitored after each load if the inflow screening is removed or bypassed due to clogging. x Overflow screening must be designed to capture and retain material larger than the screen size for the qualified biologist to monitor for the presence of ESA-listed species. The screened area must be accessible to the qualified biologist to inspect for evidence of ESA-listed species take. x Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging reduces the ability for the qualified biologist to monitor the screen for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. All modifications will be made in close coordination with the dredging contractor, qualified biologist, appropriate USACE project managers, and NMFS. If screen sizes are increased due to clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch) when clogging is no longer occurring.
Construction USACE / City of
San Clemente (via
dredging
contractor)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 16 of 20 Requirements Period of Compliance Responsible Party To prevent impingement or entrainment of ESA-listed species within the water column, dredging pumps will be disengaged by the operator when the dragheads are not actively dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged, but result in no suction passing through the draghead.
Construction USACE / City of
San Clemente (via
dredging
contractor)
Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pumpout area. The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable.
Construction USACE / City of
San Clemente (via
dredging
contractor)
If green sea turtles are regularly seen by project monitors in the action area, especially within the vicinity of hopper dredging operations, the USACE shall contact NMFS to discuss implementation of any additional measures to reduce the risks of direct contact injuries or other adverse effects, along with potential modification of the green sea turtle monitoring plan to more specifically evaluate the impacts of the proposed project within this specific area.
Construction USACE / City of
San Clemente (via
dredging
contractor)
If the USACE’s final monitoring and mitigation plan indicates that the currently available pre-construction survey information is inadequate to assess impacts to nearshore rocky reef and associated biological communities, and additional pre-construction physical and biological monitoring is not practicable to implement prior to the first nourishment event, then the USACE should utilize acoustic survey techniques similar to that already obtained for pre-construction purposes (i.e., Nearshore and Wetland Surveys 2018) to assess change in area of rocky reef substrate after completion of sediment placement. In this circumstance, any post-construction reductions in reef area that are measured which exceed a statistically reliable estimate of natural variability within the action area should be assumed to be due to the Project, and the USACE should implement rocky reef creation consistent with the associated environmental commitment in the EIS/EIR, or a functionally equivalent mitigation alternative. In addition, in this circumstance the USACE should assume some reduction in quantity and/or quality of surfgrass habitat and should implement the test surfgrass transplant as planned for in the EIS/EIR.
Post-construction USACE
During any reef construction operations, a qualified biologist will monitor for the presence of ESA-listed green sea turtles. The barge operator will maintain a safe working environment for the qualified biologist. The green sea turtle monitor will identify and communicate if there is a need to cease or alter operations to avoid impacts to green sea turtles. The biologist or monitorwill clear the construction area and confirm no green sea turtles are present 30 minutes prior to the startup of reef placementoperations. If a green sea turtle is observed within the vicinity of the project site during project operations, all appropriate precautions shall be implemented to avoid or minimize unintended impacts. These precautions include but are not limited to:
x Cessation of operations within 100 feet of an observed green sea turtle; · x Operations may not resume until the green sea turtle has departed the monitoring zone by its own accord or has not been observed for a 15-minute period of time; and
x Maneuver the barge to avoid any free-swimming green sea turtles observed during transit.
Post-construction
if required
USACE
Adequate lighting will be provided during nighttime operations (i.e., dredging, dredge material transport and placement) to allow the monitor to observe the surrounding area effectively.
Construction USACE / City of
San Clemente (via
dredging
contractor)
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 17 of 20 Requirements Period of Compliance Responsible Party The biologist or monitor will clear the dredging area and confirm no GSTs are present 30 minutes prior to the startup of dredging operations.
Construction USACE / City of
San Clemente (via
dredging
contractor)
If a GST is observed within the vicinity of the project site during project operations, all appropriate precautions shall be implemented to avoid or minimize unintended impacts. These precautions include, but are not limited to:
x Cessation of operations within 100 feet of an observed GST; x Operations may not resume until the GST has departed the monitoring zone by its own accord or has not been observed for a 15-minute period of time; and
x Maneuver the hopper dredge to avoid any free-swimming GSTs observed during transit.
Construction USACE / City of
San Clemente (via
dredging
contractor)
Biological monitors will maintain a written log of all GST observations during project operations. This observation log will beprovided to the USACE and NMFS as an attachment to the postconstruction report for the project. Each observation log will contain the following information:
x Observer name and title;
x Type of construction activity (maintenance dredging, etc.); x Date and time animal first observed (for each observation); x Date and time observation ended (for each observation). A GST observation will terminate if (1) an animal is observed exiting the monitoring zone or (2) after a 15-minute period of no observation (assumption is that animal has exited, but was not observed to do so);
x Location of monitor (latitude/longitude), direction of GST in relation to the monitor, and estimated distance (in meters) of GST to the monitor; and
x Nature and duration of equipment shutdown.
Construction USACE / City of
San Clemente (via
dredging
contractor)
The Contractor will implement an Environmental Protection Plan that will include a GST Monitoring and Avoidance Plan and an employee training program on GST observation protocols, avoidance, and minimization measures. The program will be conducted by the Biological Monitor and a record kept of dates of training, names and positions of attending employees, and an outline of the training presentation.
Construction USACE / City of
San Clemente (via
dredging
contractor)
In addition to a monitor onboard the hopper dredge, a qualified biologist or qualified monitor with experience monitoring greensea turtles will be onboard any construction barge used for creating rocky reefs as compensatory mitigation, and will monitor for the presence and behavior of green sea turtles.
Post-construction
if required
USACE
Upon completion of each nourishment event and any compensatory mitigation activities, the USACE shall complete a report summarizing all data recorded during all monitoring throughout all phases of the proposed project, including all documentation and summary analysis of the presence and behavior of green sea turtles, effectiveness of the monitoring and avoidance measures, and assessment of any potential impacts that may have occurred throughout the entire proposed action.
Post-construction USACE
Prior to initiating the proposed project, the USACE shall provide NMFS WCR an updated monitoring plan for minimizing and avoiding the impacts of project activities on sea turtles.
Pre-construction USACE
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 18 of 20 Requirements Period of Compliance Responsible Party The USACE shall require project monitors, key contractors and USACE project personnel to attend a project briefing prior to starting work on the proposed project. The project briefing shall review the protocols for minimization and avoidance of impacts to sea turtles as described in this biological opinion, as well as review the latest scientific information regarding green sea turtle ecology in the action area.
Pre-construction USACE / City of
San Clemente (via
dredging
contractor)
Prior to initiating the proposed project and in coordination with NMFS WCR, the USACE shall develop and provide NMFS WCR a detailed final monitoring and mitigation reporting plan regarding Project effects on nearshore rocky reef habitat and associated biological communities. The USACE shall coordinate with Bryant Chesney ([email protected]) prior to final submission. The final plan and any updates shall be provided to Dan Lawson at the email address identified above. The monitoring and mitigation plan shall be developed to address and evaluate the accuracy of key assumptions and expectations regarding the anticipated environmental impacts of the proposed action in comparison to any resulting impacts that do occur; the adequacy of the monitoring and analytical methods to identify and accurately measure impacts from the beach nourishment effort. the physical and biological monitoring of key habitat features throughout the sediment equilibrium footprint, such as the area of bedrock, boulder, cobble, and sand bottom habitat, as well as indicators of habitat quality, such as surfgrass, algae, and invertebrate cover and abundance; the appropriate mitigation sites for rocky reef creation and/or alternative mitigation activities that could enhance the quantity and/or quality of green sea turtle foraging and resting habitat; and the reporting timeline and process for documenting the extent of incidental take of green sea turtles through nearshore reef burial and/or sedimentation. At a minimum, the monitoring plan should report the extent of reef habitat within the sediment equilibrium footprint and quantify any reduction in rocky reef area. In addition, the report shall document any reductions in cover of surfgrass, macroalgae, and sessile invertebrates within the sediment equilibrium footprint. A draft report for each monitoring event shall be provided to NMFS WCR within 60 days following completion of habitat monitoring activities by email to [email protected], with a final report provided within 90 days.
Pre-construction USACE
Prior to initiation of any future beach renourishment events, the USACE shall develop, in coordination with NMFS WCR, a standardized and consistent protocol for assessing impacts to nearshore rocky reef communities for future events based upon consideration of any deficiencies identified in development of the final monitoring and mitigation reporting plan described in 1F above, information collected from monitoring during the initial nourishment event, and other relevant impact assessment approaches used for similar types of projects. The protocol and any updates shall be provided to Dan Lawson at the same email address listed above.
Post-construction USACE
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 19 of 20 Appendix B – Surfzone Monitoring Program
Requirements Period of Compliance Responsible Party Adequate baseline data collection, including, if feasible, a full year of preconstruction monitoring to determine the baseline condition. If this is infeasible, then another local surf site should be monitored as a control (e.g., Lower Trestles, which isalready monitored daily and shown on the website: www.surfline.com).
Pre-construction USACE / City of
San Clemente
Identification of locations to be monitored, the length of the pre-project monitoring, and interest groups to be involved in establishing the monitoring effort to identify surfing or surf quality changes that might be attributable to the nourishment project, including identifying criteria for a determination of what constitutes a significant alteration or impact.
Pre-construction USACE / City of
San Clemente
Supplementing the “wave observation” component of the surf monitoring with observations about the surfing activities, including a usage scale of surfers in the water, both morning and mid-day, and describing the average and maximum ride lengths.
Pre-construction USACE / City of
San Clemente
Given that video recordings are included, if observer counts are too difficult for one observer, video may be used to augment observer counts.
Pre-construction USACE / City of
San Clemente
When collecting user data, the analysis should be disaggregated into weekday and weekend data. Pre-construction USACE / City of San Clemente
For mid-day observations on days when surfers are kept out of the water by lifeguards, these should be recorded as restricted use days (not zero use days).
Pre-construction USACE / City of
San Clemente
Establishing mechanisms for informing the local community about the project, and encouraging public comments on surfing quality (or other recreational concerns), including but not limited to:
x a web site;
x pre-construction notifications to the public; and
x signs.
Pre-construction USACE / City of
San Clemente
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 20 of 20 Appendix C – Additional Operational Recommendations, SOPs and BMPs (Non – NEPA & CEQA RELATED) Standard Operating Procedures and/or Best Management Practices Description Party Responsible Reference
Recreation Contract specifications shall require the contractor to fence/secure off areas of construction from public access, including construction staging areas and active construction areas, including the beach and nearshore zone.
Contractor;
USACE; City of
San Clemente
Final EIS/EIS
Navigational Safety x The dredge would be equipped with markings and lightings in accordance with the U.S. Coast Guard regulations.
x The location and schedule of the dredge would be published in the U.S. Coast Guard Local Notice to Mariners.
x The dredge would travel at very low speeds (approximately 1.5 knots) during dredging operations. x The travel speed during transport would be approximately 5 knots. x During dredging and nourishment activities, proper advanced notice to mariners would be obtained, and navigational traffic would not be allowed within the offshore borrow site area or mooring/discharge area offshore of Oceanside.
Contractor;
USACE
Final EIS/EIR
Commercial Fishing Association Notification
The local commercial fishermen’s association shall be provided with written notification of the intended start date of onshore construction, offshore construction, maps of project-related vessel transportation routes, and its duration. Noticing shall include a point of contact throughout the entire construction phase to respond to concerns regarding interference and/or other issues associated with local commercial fishing operations.
Coast Guard (via
contractor);
USACE
Final EIS/EIR