KIFER RECEIVING STATION BESS PROJECT Attachment 2. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 1
Attachment 2. Mitigation Monitoring Plan
Impact
Category
Mitigation Measure Monitoring Requirement Timing of Action Air Quality
Construction-
Phase Air Quality
MM AQ-1. Implement Basic Construction Air Quality Mitigation The Project shall ensure that basic construction emissions control measures are imple - mented as “Best Management Practices,” as follows:
▪ All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
▪ All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited.
▪ All areas to be paved shall be completed as soon as possible. Foundatio n pads shall be laid as soon as possible after grading.
▪ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 1 3, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling shall be provided for construction workers at all access points. ▪ All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s sp ecifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
▪ Post a publicly visible sign with the telephone number and person to con- tact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
Emissions from construction
equipment exhaust are
reduced
During construction
Biological Resources
Nesting Birds MM BIO-1. Biological Monitoring. A qualified biologist will be assigned to the Project and will monitor the Project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadver - tently kill or injure a special -status species or anyone who finds a dead, injured, or entrapped individual. The qualified biologist or bio -logical moni- tor shall have the authority and responsibility to halt any project activities that are not in compliance with applicable mitigation measures, permit con- Monitor implementation of
specified biological monitor
activities
Prior to and during
construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 2
Attachment 2. Mitigation Monitoring Plan
ditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.
Nesting Birds MM BIO -2. Worker Environmental Awareness Training. Prior to construc- tion, a construction employee education program will be conducted in refer- ence to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).
Review and attend construc-
tion employee education
program and monitor
training implementation
Prior to construction
Nesting Birds MM BIO-3. Preconstruction Nesting Bird Surveys and Nest Protection. During the nesting season (February 1 to August 31), preconstruction nesting bird surveys shall be conducted on the site and vicinity by a qualified biologist no more than 7 days before an y work activities are performed. A Preconstruc- tion nesting bird survey shall also be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this deter- mination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the spe- cies or individual to disturban ce, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new sur- vey shall be undertaken to determine if any nests have been established.
In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented.
Ensure preconstruction bird
nesting surveys are con-
ducted and monitor for
significant disturbance to
birds if nests are identified
No more than 7 days
before planned
construction work
Cultural Resources
Unanticipated
Discoveries of
Historical Resources
or Unique
Archaeological
Resources
MM CR-1. Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who, during the course of Project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describ es Review and attend worker
environmental awareness
program; Monitor imple-
mentation of unanticipated
discovery protocols
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 3
Attachment 2. Mitigation Monitoring Plan
how to identify cultural resources and what to do if an unanticipated discov- ery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preserva- tion laws and SVP policies.
If previously unidentified cultural resources are identified during construc- tion, constructi on work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.
Unanticipated
Discoveries of Human
Remains
MM CR-2. Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immedi- ately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery. If the remains are located on federal lands, federal land managers, federal law enforcement, and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are und isturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.
After the Coroner has determined the remains are archaeological/historic - era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized r epresentative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.
Monitor implementation of
human remain discovery
protocols
During construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 4
Attachment 2. Mitigation Monitoring Plan
The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recom- mendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the rem ains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.
According to the California Health and Safety Code, six (6) or m ore human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).
Geology and Soils
Geologic and Seismic
Hazards
MM G-1. Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, design-level geotechnical investigation for the Project shall be performed by SVP and shall include investigations designed to assess the potential for geologic and seismic hazards, and specifically include evalu- ation of potential for liquefaction and expansive soils to affect the BESS system components and the 60 kV line at the Project site. Where liquefaction or expansive soils hazards are found to exist/verified, appropriate engineer- ing design and construction measures shall be incorporated into the Project designs as deemed appropriate by the Project engineer. Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction.
Ensure a design-level geo-
technical investigation is
performed
At least 60 days
before final Project
design
Unanticipated
Discoveries of
Paleontological
Resources
MM G-2. Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. The qualified professional paleontologist shall prepare a Pale- ontological Worker Environmental Awareness Program (WEAP), and training shall be provided for all staff who w ill be onsite during excavations. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material sus - pected to be a fossil is encountered.
The qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the Project area that meets the Review Paleontological
Resource Monitoring
Program; Monitor
implementation of Program
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 5
Attachment 2. Mitigation Monitoring Plan
standards set forth by the Society of Vertebrate Paleontology (2010). This PRMP shall include:
▪ A monitoring plan for ground disturbing activities that provides the mon- itor(s) with the authority to temporarily halt or divert equipment. The Paleontologist shall determine a suitable monitoring schedule based on construction activities and anticipated depth of ground disturbance.
Monitors shall b e onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, sal vage and collection methods, paleontological techniques, and stratigraphy.
▪ A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and verte- brates.
▪ A specimen identification, analysis, and curation plan that includes identi- fication to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the reposi- tory where they will be curated.
Hazards and Hazardous Materials
Hazardous
Substances Control
MM HM 1. Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response. proce- dures as needed. These procedures identify methods and techniques to min- imize the exposure of the public and site wor kers to potentially hazardous materials during all phases of Project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be main- tained and kept available on site, as applicable.
No known soil contamination was identified within the Project area, however historic groundwater contamination has occurred at the site and at upgra - dient sites (SWRCB, 2023b though f). In the event that soils, or groundwater suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed/encountered during site grading or excavation activ- Collect and analyze soil
samples and, if contamina-
tion is discovered, ensure
that construction activities
are conducted according to
SVP’s hazardous substance
control and emergency
response procedures
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6
Attachment 2. Mitigation Monitoring Plan
ities or dewatering activities, the exca vated soil and/or extracted ground- water shall be tested and, if contaminated above hazardous waste levels, shall be contained and either treated or disposed of at a licensed waste facility. The presence of known or suspected contaminated soil or ground- water shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.
All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
▪ Proper disposal of potentially contaminated soils.
▪ Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
▪ Emergency response and reporting procedures to address hazardous material spills.
▪ Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected. Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.
SVP shall complete its Emer gency Action Plan Form as part of Project tail- board meetings. The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.
Asbestos and Lead
Testing and Removal
MM HM-2. Asbestos and Lead Based Paint Testing and Removal. The Project would implement the following measures to reduce impacts due to the presence of unknown ACMs and/or LBP in the structure to be demolished:
▪ In conformance with State and local laws, a visual inspection/pre demo- lition survey, and sampling and testing, shall be conducted prior to the demolition of the on-site building to determine the presence of asbestos- containing materials and/or lead -based paint, and to determine appro - priate handling and disposal requirements.
▪ Prior to demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1523.1. Employee Sample and test the on-site
building. if asbestos and/or
lead is discovered, ensure
that demolition activities are
conducted according to the
outlined procedures.
Prior to construction
and during
demolition
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 7
Attachment 2. Mitigation Monitoring Plan
training, employee air mon itoring, and dust control shall be conducted during demolition also in accordance with this Standard. Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed. ▪ All potentially friable ACMs shall be removed in accordance with NESGAP guidelines prior to any building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with Cal/OSHA standards contained i n Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.
▪ A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
▪ Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.
Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.
Hydrology and Water Quality
Water Quality MM HYD-1. SWPPP or Erosion Control Plan Development and Implementa- tion. Following Project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality. Implementation of the SWPPP or erosion control plan will help stabilize graded ar eas and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion and sediment control mea- sures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabiliza- tion measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.
The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosion-minimizing efforts may include measures such as properly containing stockpiled soils.
Erosion control measures identified will be installed in an area before con- struction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or Ensure a SWPPP is prepared
and implemented, or if a
SWPPP is not required, en-
sure that an erosion control
plan is developed and imple-
mented to minimize con-
struction impacts on surface
water and groundwater
quality
Prior to and during
construction
KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 8
Attachment 2. Mitigation Monitoring Plan
wattles, intended to minimize sediment transport from temporarily dis- turbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.
A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these require- ments will be ensured by the on-site construction contractor.
Traffic/Transportation
Traffic Control MM T-1. Construction Traffic Control Plan. Prior to the start of construction, Ameresco shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals.
Ameresco shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construc- tion Traffic Control Plan shall include, but not be limited to:
▪ Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.
▪ Avoidance of peak travel hours (8:00 10:00 a.m. and 4:00 6:00 p.m.) to the maximum extent feasible.
▪ Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be noti fied in advance by Ameresco of the pro- posed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles.
▪ Plans to coordinate in advance with property owners, if any, that may have limited access to properties.
Ensure that a Construction
Traffic Control Plan is sub-
mitted by Ameresco and
approved by the City of Santa
Clara
Prior to construction
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Attachment 2. Mitigation Monitoring Plan
Tribal Cultural Resources
Unanticipated Tribal
Cultural Resources
MM TCR 1. Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tri bal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoid- ance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, Project reroute or redesign, Project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4( b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop addi- tional treatment measures, such as data recovery or other appropriate mea- sures, in consultation with the implementing agency and any local Nat ive American representatives expressing interest in the tribal cultural resource.
Confirm that all activity in the
vicinity of a found subsurface
tribal cultural resource is
ceased and that an author-
ized tribal representative is
contacted
During construction