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HomeMy WebLinkAboutOMP Water Capture_Final Initial Study_081919 Final Initial Study and Mitigated Negative Declaration CITY OF SOUTH SAN FRANCISCO ORANGE MEMORIAL PARK WATER CAPTURE PROJECT State Clearinghouse No. 2019069092 Prepared for: City of South San Francisco Engineering Division 315 Maple Avenue South San Francisco, CA 94080 Contact: Bianca Liu, P.E. Associate Engineer/Project Manager Prepared by: Wood Environment & Infrastructure Solutions 10940 White Rock Road, Suite 190 Rancho Cordova, California 95670 Contact: Juliana Prosperi, AICP Project Manager August 2019 This page intentionally left blank. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration i August 2019 TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS .................................................................................................. ii 1.0 INTRODUCTION ............................................................................................................................ 1 Document Format ....................................................................................................................... 1 Background and Purpose of the IS/MND ............................................................................ 1 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT IS/MND ................... 2 List of Commenters ..................................................................................................................... 2 CEQA Requirements regarding Comments and Responses .......................................... 3 Comments and Responses ........................................................................................................ 3 3.0 MINOR REVISIONS TO THE DRAFT IS/MND ..................................................................... 20 Minor Changes and Edits to the Draft IS/MND ................................................................ 20 4.0 MITIGATION MONITORING AND REPORTING PROGRAM ............................................ 23 Purpose of the Mitigation Monitoring and Reporting Program ................................ 23 LIST OF TABLES Table 1.0 List of Written Comment Letters Received in Response to the Draft IS/MND.......... 3 Table 2.0 Mitigation Monitoring Requirements ......................................................................................25 APPENDICES Appendix A : Draft IS/MND Appendix B: Final Extended Phase 1 Archaeological Survey Report (CONFIDENTIAL: Only available at City offices) Appendix C: Final Site Assessment Report (CSS Environmental Services, Inc. 2012) Appendix D: Deed Restriction for APN 014-041-170 (City of South San Francisco 2015) Appendix E: Environmental Testing –Analytical Report (TestAmerica 2018) INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 ii Final Initial Study/Mitigated Negative Declaration ACRONYMS AND ABBREVIATIONS AB Assembly Bill APE Area of Potential Effect APN Assessor Parcel Number CCR California Code of Regulations CEQA California Environmental Quality Act bgs below ground surface DTSC Department of Toxic Substances Control EPA Environmental Protection Agency ESL Environmental Screening Level HMCP Hazard Materials Contingency Plan IS Initial Study MM Mitigation Measure MMRP Mitigation Monitoring and Reporting Plan NAHC Native American Heritage Commission PCB Polychlorinated Biphenyls PRC Public Resources Code SMP Site Management Plan VOC Volatile Organic Compound WMP Waste Management Plan INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 1 August 2019 1.0 INTRODUCTION This Final Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] 21000 et. Seq.) and the CEQA Guidelines (California Code of Regulations [CCR] 15000 et. Seq.). This document includes a compilation of the public comments received on the Orange Memorial Park Water Capture Project Draft IS/MND and the response to the comments and minor revisions. Under CEQA, a lead agency is not required to prepare formal response to comments on an MND. However, CEQA requires the City of South San Francisco to have adequate information on the record to explain why the comments do not affect the conclusion of the MND and that there are no potentially significant environmental effects associated with the proposed Project. For purposes of public disclosure the City of South San Francisco, as the lead agency, has responded to all written comments submitted on the IS/MND during the 30-day public review period, which began June 21, 2019 and ended July 22, 2019. Document Format This Final IS/MND is organized in the following format: Chapter 1: Introduction to the Final IS/MND describes CEQA requirements and the content of the document. Chapter 2: Comments and Responses on the Draft IS/MND provides a list of agencies that commented on the Draft IS/MND, copies of the comment letters received during the public review period, and individual responses to written comments. To facilitate review of the responses, each comment letter has been reproduced and assigned a letter. Individual comments for each letter have been numbered, and the letter is followed by responses with references to the corresponding comment number. Chapter 3: Minor Revisions to the Draft IS/MND includes minor edits, clarifications, and modifications made to the text, tables, and figures of the Draft IS/MND as a result of comments received during the public review period and other City-suggested changes. These clarifications and modifications do not constitute significant new information and do not change any of the conclusions of the document. This section also reflects changes necessary to combine the Draft IS/MND into this Final IS/MND. Chapter 4: Mitigation Monitoring and Reporting Program lists all the mitigation measures required for implementation of the Orange Memorial Park Water Capture Project. The Mitigation Monitoring and Reporting Program (MMRP) includes the phase when the measures would be implemented, and the enforcement agency responsible for compliance. The monitoring program provides a mechanism that gives the lead agency feedback on the effectiveness of their actions, a learning opportunity for improving mitigation measures for future projects, and a means of identifying corrective actions, if necessary, before irreversible environmental damage occurs. Background and Purpose of the IS/MND The following is an overview of the environmental review process for the Project that led to the preparation of this Final IS/MND. INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 2 Final Initial Study/Mitigated Negative Declaration Draft IS/MND Pursuant to CEQA Guidelines Section 15070, an IS/MND was prepared for the project. The Orange Memorial Park Water Capture Project Draft IS/MND was circulated for public review and comment by the City of South San Francisco beginning on June 21, 2019 and ending on July 22, 2019. Circulation of the Draft IS/MND to the State Clearinghouse and the Governor’s Office of Planning and Research initiated the 30-day public review period pursuant to CEQA and its implementing guidelines (State Clearinghouse No. 2019069092). The Notice of Intent/Notice of Availability was also distributed to 49 relevant agencies and organizations, as well as 284 property owners and occupants within a 300 foot radius of the Project site. During that time, the document was provided for review by state and local agencies, as well as by interested individuals and organizations. Hard copies of the Draft IS/MND were available for review at the City of South San Francisco City Hall Annex, South San Francisco Public Library, Joseph A. Fernekes Recreation Building, and City Clerk’s Office. The Public Review Draft IS/MND is included in Appendix A. The Draft IS/MND was also available online at http://www.ssf.net/ceqadocuments. Final IS/MND The City received three comment letters from public agencies regarding the Draft IS/MND. This document responds to comments received by the City of South San Francisco on the project, as required by CEQA. This document also contains minor edits to the Draft IS/MND, which are included in Chapter 3. This document constitutes the Final IS/MND. 2.0 COMMENTS AND RESPONSES TO COMMENTS ON THE DRAFT IS/MND During public review, three (3) comment letters were received from representatives of agencies and organizations. One (1) additional comment letter was received after the public review period on July 26, 2019. Each comment letter has been assigned a number code, and individual comments in each letter have been coded to facilitate responses. For example, the letter from the Native American Heritage Commission (NAHC) is identified as Letter 1, with comments noted as NAHC-1, NAHC-2, and NAHC-3. The letter from the Department of Toxic Substances Control (DTSC) is identified as Letter 2, with comments noted as DTSC-1 and DTSC-2. Copies of each comment letter are provided prior to the response. Comments that raise issues not directly related to the substance of the environmental analysis in the IS/MND are noted, but in accordance with CEQA, did not receive a detailed response. List of Commenters Written comment letters received on the Draft IS/MND are listed in Table 1.0. The comments and responses are arranged by the date of receipt of the comment letter or email. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 3 August 2019 Table 1.0 List of Written Comment Letters Received in Response to the Draft IS/MND Letter # Agency/Organization/Individual Commenter Date Page # of Response 1 Native American Heritage Commission Contact: Mr. Gayle Totton July 2, 2019 9 2 California Department of Toxic Substances Control Contact: Ms. Isabella Roman July 19, 2019 13 3 Governor’s Office of Planning and Research State Clearinghouse and Planning Unit Contact: Scott Morgan July 23, 2019 17 4 City of San Bruno Community Development Department Contact: Darcy Smith July 26, 2019 19 CEQA Requirements regarding Comments and Responses CEQA Guidelines, Section 15204(b) outlines parameters for submitting comments on negative declarations, and reminds the public and public agencies that the focus of review and comment of MNDs should be on the proposed findings that the project will not have a significant effect on the environment. If the commenter believes that the project may have a significant effect, they should 1) identify the specific effect, 2) explain why they believe the effect would occur, and 3) explain why they believe the effect would be significant. CEQA Guidelines, Section 15204 (c), further advises that “reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.” Section 15204 (d) states that “each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility.” Section 15204 (e) states that “this section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.” CEQA does not require a lead agency to conduct every test or perform all research, study, and analyses recommended by commenters. Lead agencies need only respond to potentially significant environmental issues and do not need to provide all information requested by reviewers as long as a good faith effort at full disclosure is made in the environmental document. Comments and Responses Responses to Comment Letters Written comments on the Draft IS/MND are reproduced on the following pages, along with responses to those comments. Changes to the Draft IS/MND text that result from the INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 4 Final Initial Study/Mitigated Negative Declaration responding to comments are included in the response and demarcated with revision marks (underline for new text, strikeout for deleted text). The responses to comments were prepared by Wood Environment & Infrastructure Solutions, Inc. and City of South San Francisco staff. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 5 August 2019 INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 6 Final Initial Study/Mitigated Negative Declaration INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 7 August 2019 INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 8 Final Initial Study/Mitigated Negative Declaration INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 9 August 2019 Letter 1 Response to Comment NAHC-1 Ms. Totton states that there are no mitigation measures that specifically address tribal cultural resources separately and distinctly from archaeological resources and indicates that mitigation measures must take tribal cultural resources into consideration as required under Assembly Bill (AB) 52, with or without consultation occurring. The Public Draft Mitigated Negative Declaration provided the following substantial evidence relative to archaeological and tribal cultural resources. “Wood Environment & Infrastructure (E&I) archaeologists conducted a Phase 1 Archaeological Investigation including an intensive ground surface survey of the proposed Project area of disturbance, or Area of Potential Effect (APE), defined as the horizontal and vertical extent of all temporary and permanent topographic modifications (e.g., 10 to 12 feet bgs). No prehistoric or historic-period cultural resources were identified within the APE, but the potential for unknown subsurface resources was identified resulting from Colma Creek alluviation over the past 10,000 years. Therefore, Wood E&I conducted an Extended Phase 1 Archaeological Investigation including systematic excavations throughout the APE. The investigation consisted of excavating fourteen (14) two-inch diameter geoprobes spaced between 100- and 200-feet apart to depths between 10 to 13 feet bgs; all soils were screened through one-quarter-inch mesh. No prehistoric or historic-period archaeological materials were identified in any of the excavated soils. The previously undisturbed soils within the proposed Project APE were deposited during episodes of repeated flooding along the Colma Creek channel that meandered over time. These intact alluvial soils indicated that ground surfaces within the proposed Project APE were not occupied throughout prehistory or since Euro-American settlement.” The Public Draft Mitigated Negative Declaration provided the following substantial evidence relative to tribal cultural resources. “A search of the Native American Heritage Commission’s (NAHC’s) Sacred Lands File was requested on October 10, 2018 and conducted on November 5, 2018 to determine the presence of any Native American tribal heritage resources within the APE and general vicinity (Appendix C). The NAHC indicated that Native American tribal heritage sites are not recorded within the proposed Project APE or vicinity. The NAHC identified seven Native American contacts, both tribes and bands, that would potentially have specific knowledge as to whether cultural resources are identified in the APE. The City of South San Francisco notified the following six tribal organizations on May 6 and May 7, 2019 of the opportunity for consultation pursuant to PRC Section 21074: Amah Mutsun Tribal Band(i.e. two contacts); Amah Mutsun Tribal Band of Mission Bay Juan Bautista; Costanoan Rumsen Carmel Tribe; Indian Canyon Mutsun Band of Costanoan;, Muwekma Ohlone Indian Tribe of the San Francisco Bay Area; and the Ohlone Indian Tribe. None of the contacted tribes have requested consultation.” “According to the NAHC’s Sacred Lands File there were no Native American tribal heritage sites recorded within the proposed Project APE or vicinity. The City did not receive any requests for consultation or information regarding tribal resources INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 10 Final Initial Study/Mitigated Negative Declaration provided by notified tribal organizations in the area. Given the negative results of the NAHC Sacred Lands File Search and the Phase 1 ground surface survey/ subsurface Extended Phase 1 Archaeological Survey, and the existing disturbed environment of the Project site, the proposed Project would have a less than significant impact on tribal cultural resources.” The above substantial evidence indicates that there is a very low potential for archaeological or tribal resources to be identified within proposed Project improvement areas. Outreach to seven tribal representatives identified by the NAHC did not identify any resources of concern within the APE. Therefore, there is no new information provided in the comment letter that modifies the conclusions of the Draft MND; the proposed Project would have a less than significant impact on tribal cultural resources. No change to the Draft MND or mitigation measures is required. Response to Comment NAHC-2 Ms. Totton states that the most likely descendant timeline in the cultural resources section of the environmental impact analysis is incorrect. PRC Section 5097.98 specifically states “the descendants shall complete their inspection and make their recommendations or preferences within 48 hours after being allowed access to the site.” Cultural resources and specifically the regulations and procedures associated with human remains were addressed in Section V. Cultural Resources of the Draft IS/MND. As noted in the IS/MND, the NAHC shall immediately notify the persons it believes to be the most likely descendant(s) with the permission of the landowner or authorized representative, and shall inspect the site of the discovered remains and recommend treatment regarding the remains and any associated grave goods. In order to provide additional clarification, the text on page 49 of the Draft IS/MND has been revised to incorporate the timing requirement and Mitigation Measure CUL-2: Human Remains has been revised as follows: Mitigation Measure CUL-2: Human Remains Pursuant to State Health and Safety Code §7050.5 (c) State PRC §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the San Mateo County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The descendants shall complete their inspection and make their recommendations or preferences within 48 hours after being allowed access to the site. The most likely descendant shall work with the contractor to develop a program for re-internment of the human remains and any associated artifacts. Additional work is not to take place in the immediate vicinity of the find, which shall be identified by the qualified archaeologist, until the identified appropriate actions have been implemented. Response to Comment NAHC-3 Ms. Totton states that AB 52 does not preclude agencies from initiating tribal consultation with tribes that are traditionally and culturally affiliated with their jurisdictions before the INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 11 August 2019 timeframes provided in the regulation. Ms. Totton encourages agencies to continue to request Native American tribal consultation lists and Sacred Lands File searches from the NAHC. Native American tribal consultation and Sacred Land Files reviewed were addressed in Section V, Cultural Resources of the Draft IS/MND. As noted in the IS/MND, a search of the NAHC’s Sacred Lands File was requested on October 10, 2018 and conducted on November 5, 2018 to determine the presence of any Native American tribal heritage resources within the APE and general vicinity. The NAHC indicated that Native American tribal heritage sites are not recorded within the proposed Project APE or vicinity. The NAHC identified seven Native American contacts, both tribes and bands, that would potentially have specific knowledge as to whether cultural resources are identified in the APE. The City of South San Francisco notified the following seven tribal organizations on May 6 and May 7, 2019 of the opportunity for consultation pursuant to PRC Section 21074: Amah Mutsun Tribal Band (i.e. two contacts); Amah Mutsun Tribal Band of Mission Bay Juan Bautista; Costanoan Rumsen Carmel Tribe; Indian Canyon Mutsun Band of Costanoan; Muwekma Ohlone Indian Tribe of the San Francisco Bay Area; and the Ohlone Indian Tribe. Follow-up telephone calls were made and voicemails were left for five of the six tribal organizations on June 28, 2019. One of the telephone contacts did not have a phone number listed by the NAHC and the other contact phone number was no longer in service. Follow-up emails were sent to the seven tribal organizations on July 8, 2019 with the original letter and enclosures. None of the contacted tribes have requested consultation. Therefore, the provisions of AB 52 have been met and no further action is necessary. INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 12 Final Initial Study/Mitigated Negative Declaration INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 13 August 2019 Letter 2 Response to Comment DTSC-1 Ms. Roman asks how excess soils designated non-hazardous soil would be profiled to ensure that reused soil is adequate for park use. Ms. Roman asks what material would be used to backfill the original excavated area given a two-foot soil cap was placed on the area. She recommends that two feet of clean soil should be placed in the area to ensure public health protection. Hazards and hazardous materials were addressed in Section IX. Hazards and Hazardous Materials of the Draft IS/MND. As noted in the IS/MND and the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, the Project site is not located on a hazardous material site. However, as summarized in the environmental setting (page 62 of the Draft IS/MND) the western portion of the Project vicinity historically supported several greenhouses utilized by a carnation-growing company. The Draft IS/MND also summarized testing performed on the portion of the Project site south of Colma Creek and indicated that elevated concentrations of organochlorine pesticides within the soil were identified at depths between 1.5 and 4 feet below the ground surface (bgs). A two-foot thick soil cap was reportedly placed over this portion of the site in 2011. The Draft IS/MND provides additional details on subsequent testing completed by Fugro Consultants, Inc. in 2015 that evaluated the soils located above and below the proposed location of the underground storage reservoir (i.e. ballfields) and concluded no PCBs, volatile organic compounds (VOCs), or asbestos were detected in any of the soils analyzed. The additional testing did note that organochlorine pesticides were detected in the soil samples, but concentrations were at or below respective Environmental Screening Levels (ESLs) for commercial shallow soil exposure and any soil depth exposures for construction workers (page 62 of the Draft IS/MND). Four additional borings were drilled in the ballfield portion of the Project site on April 3, 2018 and April 4, 2018. Two soil samples were taken from each boring core at depths of one foot and five feet bgs. These samples were tested for heavy metals, VOCs, synthetic VOCs, gasoline range organics, petroleum hydrocarbons, pesticides, mercury, and PCBs. All eight samples had concentrations below respective ESLs, with two exceptions: one sample at five feet depth had a lead concentration of 94 mg/kg, which slightly exceeds the ESL of 80 mg/kg; and arsenic levels in all samples were above ESLs, but were well within background levels for the Bay Area. The ballfield area also has one to four feet of imported fill cover material from when Orange Memorial Park was constructed in 1937, and the native soil more than 5 feet bgs is assumed to be free of contamination. The western portion of the proposed Project site is located on a site known to be contaminated with organochlorines and arsenic levels were detected in the soil samples beneath the ballfields. Because the proposed Project would involve excavation and soil disturbance in these areas (i.e. for installation of the pipe inlet structure) and routine operation and maintenance would involve cleaning out accumulated trash debris, gross solids, and other materials in the surface water and water capture facility, Draft IS/MND Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan was identified to minimize environmental issues associated with ground disturbance, protect construction worker health and safety, and minimize park user’s exposure to potential hazardous INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 14 Final Initial Study/Mitigated Negative Declaration material contamination. Mitigation Draft MND Measure HAZ-1 ensures construction activities incorporate a Waste Management Plan (WMP) for construction waste and debris and a Site Management Plan (SMP) for handling contaminated soils or other hazardous materials encountered during earth-moving activities to minimize construction worker’s exposure to dust emissions. The environmental investigation prepared by CSS Environmental Services Inc. in 2012 for the western and vacant portion of the project area is included as Appendix B in the Final IS/MND to provide additional clarification. The deed restriction for this portion of the Project site is included in Appendix C, and additional information on the soil sampling conducted in April 2018 is summarized in the Environmental Testing – Analytical Report in Appendix E. The environmental investigation and preliminary geotechnical feasibility study prepared by Fugro Consultants, Inc. in 2016 for the ballfield portion of the Project area was provided in Appendix D of the Draft IS/MND. Based on the information and conclusions provided in these technical reports, with the exception of the organochlorine detections on the vacant portion of the Project site south of Colma Creek, no residual hazardous waste hazards exist, and reused soil is adequate for park use. No revisions to the Draft IS/MND are necessary. Response to Comment DTSC-2 Ms. Roman notes the absence of discussion about worker exposure to water from Colma Creek. Because the water is known to be contaminated with polychlorinated biphenyls (PBCs) and mercury, she recommends discussing steps to prevent worker exposure to these contaminants. Hazards and hazardous materials, including construction worker exposure to hazardous materials were addressed in Section IX. Hazards and Hazardous Materials of the Draft IS/MND. As noted in the IS/MND, worker exposure to contaminants focuses on soil contamination and exposure to dust emissions associated with potentially hazardous soil. Steps associated with preventing worker exposure to all contaminant pathways would be documented in the HMCP. Draft IS/MND Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan is proposed to minimize environmental issues associated with ground disturbance, protect construction worker health and safety, and minimize park user’s exposure to potential hazardous material contamination. The following changes were made to Draft IS/MND Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan on page 64 of the Draft IS/MND. These revisions were added in an effort to provide more detail and to ensure the HMCP is reviewed and approved by the DTSC prior to any ground-disturbing activities on the far western portion of the Project site: Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan The construction contractor (as required by the contract specifications) shall develop a HMCP that includes standard construction measures required by federal, state, and local policies for the handling of potential hazardous materials and removal of on-site debris. Prior to construction, the HMCP shall be reviewed and approved by the Department of Toxic Substances Control (DTSC). INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 15 August 2019 The HMCP shall include the implementation of a WMP for the management of all construction waste, and a SMP to minimize construction worker’s exposure to dust emissions and emissions that have the potential to contain hazardous concentrations of arsenic. At a minimum, this plan shall include the following: a) If contaminated soils or other hazardous materials are encountered during any soil moving operation during construction, the HMCP shall be implemented. b) Any activities within the western portion of the Project on the vacant parcel south of Colma Creek (APN 014-014-170) that disturb the soil shall require preparation of a Soil Management Plan and a Health and Safety Plan submitted to the DTSC for review and approval prior to grading. c) Instruct workers on recognition and reporting of materials that may be hazardous. d) Minimize delays by continuing performance of the work in areas not affected by hazardous materials operations. e) Identify and contact subcontractors and licensed personnel qualified to undertake storage, removal, transportation, disposal, and other remedial work required by, and in accordance with, laws and regulations. f) Forward to engineer, copies of reports, permits, receipts, and other documentation related to remedial work. g) Notify such agencies as are required to be notified by laws and regulations within the time stipulated by such laws and regulations. File requests for adjustments to contract time and contract price due to the finding of hazardous materials in the work site in accordance with conditions of contract. INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 16 Final Initial Study/Mitigated Negative Declaration INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 17 August 2019 Letter 3 Response to Comment OPR-1 The City of South San Francisco acknowledges confirmation that they compiled with the State Clearinghouse review requirements for the draft environmental document. No revisions to the Final IS/MND are necessary. INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 18 Final Initial Study/Mitigated Negative Declaration INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 19 August 2019 Letter 4 Response to Comment SAN-1 The City of South San Francisco acknowledges the letter submitted by the City of San Bruno. No revisions to the Final IS/MND are necessary. INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 20 Final Initial Study/Mitigated Negative Declaration 3.0 MINOR REVISIONS TO THE DRAFT IS/MND This section includes minor edits to the Draft IS/MND. These minor clarifications and modifications resulted from responses to comments received during the public review period and from City staff suggested changes. Revisions herein do not result in new significant environmental impacts, constitute significant new information, or alter the conclusions of the environmental analysis. Recirculation of the Draft IS/MND is not warranted. Changes are provided in revisions marks. Changes to the Draft IS/MND text that result from the responding to comments are included in the response and demarcated with revision marks (underline for new text, strikeout for deleted text). The Draft IS/MND as circulated for public review in combination with the minor revisions included in this chapter constitute the Final IS/MND to be presented to the City of South San Francisco Public Works Director for adoption. Minor Changes and Edits to the Draft IS/MND The following minor changes were made to clarify or modify the Draft IS/MND based on comments received on the project and review of those comments by the City of South San Francisco. Appendices The following additional appendices have been added to the Final IS/MND: • Appendix B: Final Extended Phase 1 Archaeological Survey Report (CONFIDENTIAL: Only available at City offices) • Appendix C: Final Site Assessment Report (CSS Environmental Services, Inc. 2012) • Appendix D: Deed Restriction for APN 014-041-170 (City of South San Francisco 2015) • Appendix E: Environmental Testing –Analytical Report (TestAmerica 2018) 16. Other Public Agencies whose Approval is Required: The City of South San Francisco is the Lead Agency under CEQA responsible for approving and carrying out the proposed Project. After City approvals (certification of the MND and MMRP, and approval of the Project), the following federal, state, and local permits and approvals would be required. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 21 August 2019 Agency Approval Required Federal United States Fish and Wildlife Service • Confirmation of No Effect with United States Army Corps of Engineers (USACE) United States Army Corps of Engineers • Clean Water Act 404 Permit State San Francisco Bay RWQCB • NPDES General Construction Permit • Dewatering Permit • CWA Section 401 Water Quality Certification • Waste Discharge Permit State Historic Preservation Office • Section 106 National Historic Preservation Act • USACE must consult with the State Historic Preservation Officer and Native American Tribes if prehistoric, historic, or archaeological sites are affected California Department of Fish and Wildlife • Section 1600 Notification of Streambed Alteration Agreement Local San Mateo County Flood Control District • Plan Review for portion of the Project within the Colma Creek Flood Control Channel (i.e. drop inlet) City of South San Francisco • Grading Permit • Building Permit • Tree Removal Permit Section X. Cultural Resources In response to the comment letter received from the NAHC, the following text was revised to emphasize the timing requirement: Existing regulations require that if human remains or cultural items defined by the Health and Safety Code, Section 7050.5, are inadvertently discovered, all work in the vicinity of the find would cease and the County Coroner would be contacted immediately. If the remains are found to be Native American as defined by Health and Safety Code, Section 7050.5, the coroner would contact the NAHC by telephone within 24 hours. The NAHC shall immediately notify the person it believes to be the most likely descendant as stipulated by California PRC, Section 5097.98. The most likely descendant(s) with the permission of the landowner or authorized representative, shall inspect the site of the discovered remains and recommend treatment regarding the remains and any associated grave goods within 48 hours after being allowed to access the site. The most likely descendant shall complete their inspection and make their recommendations within 48 hours of notification by the NAHC. Revisions were also added to Mitigation Measure CUL-2: Human Remains on page 49 in Section V. Cultural Resources of the Draft IS/MND: INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 22 Final Initial Study/Mitigated Negative Declaration Mitigation Measure CUL-2: Human Remains Pursuant to State Health and Safety Code §7050.5 (c) State PRC §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the San Mateo County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The descendants shall complete their inspection and make their recommendations or preferences within 48 hours after being allowed access to the site. The most likely descendant shall work with the contractor to develop a program for re-internment of the human remains and any associated artifacts. Additional work is not to take place in the immediate vicinity of the find, which shall be identified by the qualified archaeologist, until the identified appropriate actions have been implemented. Section IX. Hazards and Hazardous Materials The following changes to the text have been made in Section IX. Hazards and Hazardous Materials to Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan on page 64 of the Draft IS/MND in an e1fort to provide more detail: Mitigation Measure HAZ-1: Hazardous Materials Contingency Plan The construction contractor (as required by the contract specifications) shall develop a HMCP that includes standard construction measures required by federal, state, and local policies for the handling of potential hazardous materials and removal of on-site debris. Prior to construction, the HMCP shall be reviewed and approved by the Department of Toxic Substances Control (DTSC). The HMCP shall include the implementation of a WMP for the management of all construction waste, and a SMP to minimize construction worker’s exposure to dust emissions and emissions that have the potential to contain hazardous concentrations of arsenic. At a minimum, this plan shall include the following: a) If contaminated soils or other hazardous materials are encountered during any soil moving operation during construction, the HMCP shall be implemented. b) Any activities within the western portion of the Project on the vacant parcel south of Colma Creek (APN 014-014-170) that disturb the soil shall require preparation of a Soil Management Plan and a Health and Safety Plan submitted to the DTSC for review and approval prior to grading. c) Instruct workers on recognition and reporting of materials that may be hazardous. d) Minimize delays by continuing performance of the work in areas not affected by hazardous materials operations. e) Identify and contact subcontractors and licensed personnel qualified to undertake storage, removal, transportation, disposal, and other remedial work required by, and in accordance with, laws and regulations. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 23 August 2019 f) Forward to engineer, copies of reports, permits, receipts, and other documentation related to remedial work. g) Notify such agencies as are required to be notified by laws and regulations within the time stipulated by such laws and regulations. h) File requests for adjustments to contract time and contract price due to the finding of hazardous materials in the work site in accordance with conditions of contract. Section XVIII. Tribal Cultural Resources In response to the comment letter received from the NAHC, the following text has been added to Section XVIII. Tribal Cultural Resources on page 99 of the Draft IS/MND: A search of the Native American Heritage Commission’s (NAHC’s) Sacred Lands File was requested on October 10, 2018 and conducted on November 5, 2018 to determine the presence of any Native American tribal heritage resources within the APE and general vicinity (Appendix C). The NAHC indicated that Native American tribal heritage sites are not recorded within the proposed Project APE or vicinity. The NAHC identified seven Native American contacts, both tribes and bands, that would potentially have specific knowledge as to whether cultural resources are identified in the APE. The City of South San Francisco notified the following six seven tribal organizations on May 6 and May 7, 2019 of the opportunity for consultation pursuant to PRC Section 21074: Amah Mutsun Tribal Band (i.e. two contacts); Amah Mutsun Tribal Band of Mission Bay Juan Bautista; Costanoan Rumsen Carmel Tribe; Indian Canyon Mutsun Band of Costanoan;, Muwekma Ohlone Indian Tribe of the San Francisco Bay Area; and the Ohlone Indian Tribe. As of June 18, 2019, none of the contacted tribes have requested consultation. Follow-up telephone calls were made and voicemails were left for five of the six tribal organizations on June 28, 2019. One of the telephone contacts did not have a phone number listed by the NAHC and the other contact phone number was no longer in service. Follow-up emails were sent to the seven tribal organizations on July 8, 2019 with the original letter and enclosures. None of the contacted tribes has requested consultation. 4.0 MITIGATION MONITORING AND REPORTING PROGRAM Purpose of the Mitigation Monitoring and Reporting Program The City is the lead agency for the proposed Orange Memorial Park Water Capture Project and has developed this Mitigation Monitoring and Reporting Program (MMRP) as a vehicle for monitoring mitigation measures outlined in the Draft IS/MND, State Clearinghouse No. 2019069092. As the lead agency, the City of South San Francisco is responsible for implementing the MMRP, which has been prepared in conformance with Section 21081.6 of the California PRC: a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: 1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 24 Final Initial Study/Mitigated Negative Declaration order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. 2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. The MMRP consists of mitigation measures that avoid, reduce, and/or fully mitigate potential environmental impacts. The mitigation measures have been identified and recommended through preparation of the IS/MND and drafted to meet the requirements of California PCR, Section 21081.6. Project-specific mitigation measures have been categorized in Table 2, Mitigation Monitoring Requirements. Table 2 identifies the environmental impact, specific mitigation measures, schedule and timing of implementation, and responsible monitor. Table 2 will serve as the basis for scheduling the implementation of and compliance with all mitigation measures. INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 25 August 2019 Table 2.0 Mitigation Monitoring Requirements Mitigation Measure Implementation Responsibility Timing Monitoring Responsibility Monitor (Signature/Date of Compliance) Biological Resources BIO-1: Biological Avoidance and Minimization Plan. Prior to construction, a contractor shall prepare a Biological Avoidance and Minimization Plan for review by the City of South San Francisco. At a minimum, the plan shall include a Worker’s Environmental Awareness Training Program, pre-construction surveys, and the establishment of non-disturbance buffer zones around protected trees. The pre- construction surveys shall commence within 14 days prior to construction work during the avian nesting season (February 15 to August 31). During this time, a qualified biologist or arborist shall conduct the pre-construction nesting bird survey within the Project site boundary and along Colma Creek (If construction work would not occur during the nesting season, a nesting survey is not required). If special-status birds are not identified nesting within the area of effect, further mitigation is not required. If special-status birds are identified nesting within the area of effect, a qualified biologist or arborist would determine a 75-foot no- disturbance buffer around the nest(s) shall be staked with orange construction fencing. Construction or earth-moving activities shall be restricted within the identified buffer until the determination is made by a qualified biologist or arborist that the young have fledged (i.e., left the nest) and have attained sufficient flight skills to avoid project construction zones. This typically occurs by June 15; however, the date shall be determined by a qualified biologist or arborist and would potentially be later. The preconstruction nesting bird survey shall be submitted for review and approval by the City of South San Francisco Parks and Recreation Division. Non-disturbance buffer zones would potentially also be required to delineate tree protection areas around native and protected trees. City of South San Francisco Engineering Division During the avian nesting season/14 days Prior to Construction (February 15 to August 31) City of South San Francisco Parks and Recreation Department Cultural Resources CUL-1: Archaeological Resource Discovery Plan Prior to the issuance of a grading permit, Project plans shall include a requirement indicating that if historic or cultural resources are encountered during site grading, excavation, or other work, all such work shall be temporarily halted immediately within 100 feet of the City of South San Francisco Prior to any grading activity Construction Contractor INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 26 Final Initial Study/Mitigated Negative Declaration area of discovery and the contractor shall immediately notify the City of the discovery. In such case, the applicant shall retain the services of a qualified archaeologist for the purpose of recording, evaluating, protecting, and curating the time-sensitive discovery as appropriate. The archaeologist shall be required to submit to the City for review and approval a report of the findings and method of curation or protection of the resources. Grading or site work within the vicinity of the discovery, as identified by the qualified archaeologist, shall not be allowed until the appropriate steps have taken place. Engineering Division CUL-2: Human Remains Pursuant to State Health and Safety Code §7050.5 (c) State PRC §5097.98, if human bone or bone of unknown origin is found during construction, all work shall stop in the vicinity of the find and the San Mateo County Coroner shall be contacted immediately. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission who shall notify the person believed to be the most likely descendant. The most likely descendant shall work with the contractor to develop a program for re-internment of the human remains and any associated artifacts. Additional work is not to take place in the immediate vicinity of the find, which shall be identified by the qualified archaeologist, until the identified appropriate actions have been implemented. City of South San Francisco Engineering Division Prior to any grading activity Construction Contractor Geology and Soils GEO-1: Structural Engineering Controls and Monitoring All earthwork and construction activities shall be monitored by a licensed engineer or professional geologist. The purpose of the monitoring is to assess soil conditions and confirm the appropriate engineered support systems are incorporated into the project design and installed correctly. City of South San Francisco Engineering Division During Construction Licensed Engineer or Professional Geologist Hazardous Materials HAZ-1: Hazardous Materials Contingency Plan The construction contractor (as required by the contract specifications) shall develop a HMCP that includes standard construction measures required by federal, state, and local policies for the handling of potential hazardous materials and removal of on-site debris. Prior to construction, the HMCP shall be reviewed and approved by the Department of Toxic Substances Control. City of South San Francisco Engineering Division Prior to Construction Construction Contractor INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 27 August 2019 The HMCP shall include the implementation of a WMP for the management of all construction waste, and a SMP to minimize construction worker’s exposure to dust emissions and emissions that have the potential to contain hazardous concentrations of arsenic. At a minimum, this plan shall include the following: a) If contaminated soils or other hazardous materials are encountered during any soil moving operation during construction, the HMCP shall be implemented. b) Any activities within the western portion of the Project on the vacant parcel south of Colma Creek (APN 014-014-170) that disturb the soil shall require preparation of a Soil Management Plan and a Health and Safety Plan submitted to the Department of Toxic Substances Control (DTSC) for review and approval prior to grading. c) Instruct workers on recognition and reporting of materials that may be hazardous. d) Minimize delays by continuing performance of the work in areas not affected by hazardous materials operations. e) Identify and contact subcontractors and licensed personnel qualified to undertake storage, removal, transportation, disposal, and other remedial work required by, and in accordance with, laws and regulations. f) Forward to engineer, copies of reports, permits, receipts, and other documentation related to remedial work. g) Notify such agencies as are required to be notified by laws and regulations within the time stipulated by such laws and regulations. h) File requests for adjustments to contract time and contract price due to the finding of hazardous materials in the work site in accordance with conditions of contract. Noise NOI-1: Noise Minimization Measures Construction noise levels would vary depending on the construction phase, equipment type, duration, distance between noise source and sensitive receptor(s), and the presence/absence of barriers between the noise source and receptors. To City of South San Francisco Engineering Division Prior to Construction / Secure Valid City Permit/Obtain Valid Exception Construction Contractor INITIAL STUDY City of South San Francisco Orange Memorial Park Water Capture Project August 2019 28 Final Initial Study/Mitigated Negative Declaration minimize temporary increases in noise, the City shall require the construction contractor to limit standard construction activities as follows: • Secure a valid city permit for construction noise levels that could potentially temporarily exceed 90 dB at the Park’s property line in order to comply with the South San Francisco Noise Regulations. • Construction equipment and haul trucks shall use the best available noise control techniques, including improved mufflers, use of intake silencers, ducts, engine enclosures and acoustically-attenuating barriers, curtains, and shields. • Site stationary noise sources, such as air compressors and generators as far from adjacent sensitive receptors as possible (i.e. site stationary sources along western perimeter of ballfields and along Memorial Drive). These sources shall be muffled and enclosed within temporary sheds or incorporate insulation barriers, shields, or other attenuating measures. • If impact equipment and machinery are used such as jack hammers, pavement breakers, and rock drills, they shall be hydraulically or electrically- powered to avoid noise associated with air compressors or pneumatically- powered tools. If the use of pneumatically-powered tools is necessary, an exhaust muffler shall be installed on the air compressor. Such a muffler can lower noise levels from the exhaust by up to 10 dBA. Similarly, the installation of external jackets on the tools can reduce noise levels by 5 dBA. • Material stockpiles and mobile equipment, staging, and parking areas shall be located as far as possible from noise sensitive receptors (i.e. within parking area west of enclosed picnic area off Memorial Drive and within vacant parcel located in northwest portion of Orange Memorial Park). • As construction would occur within 600 feet of Los Cerritos Elementary School, the construction contractor shall coordinate with the school administration to limit noise disturbance to the campus. Temporary sound walls shall be constructed on the Project site boundary with the School. • Identify a liaison that represents the property owners located adjacent to the Project site along West Orange Avenue and a second liaison for the residents at the Park Lane Apartment complex. These liaisons shall be contacted with concerns regarding construction noise. The liaison’s contact information shall be clearly displayed at the construction location on posted signs informing the public of the construction hours and the liaison to contact in the event of a noise-related problem. Permit (if needed) INITIAL STUDY Orange Memorial Park Water Capture Project City of South San Francisco Final Initial Study/Mitigated Negative Declaration 29 August 2019 • Notify all adjacent landowners and occupants of the properties adjacent to the Project site of the anticipated construction schedule at least two weeks prior to ground disturbing activities. • Hold a pre-construction meeting with the Contractor Superintendent, General Contractor, and City inspectors to confirm that all noise mitigation measures (including signage on construction hours, valid city exception permit, and liaison contact information) are completed. If construction activity cannot comply with Municipal Code Section 8.32.050, Special Provisions and noise levels are anticipated to exceed 90 dB at the Park’s property line, the City shall require the construction contractor to obtain a valid exception permit consistent with Municipal Code Section 8.32.060, Exception Permit. Public Services TRA-1: Traffic Control Plan A traffic control plan shall be established by the contractor, and approved by the City of South San Francisco. This traffic plan shall provide for the appropriate control measures, including barricades, warning signs, speed control devices, flaggers, and other measures to mitigate potential traffic hazards in the vicinity of the Park and El Cerrito Elementary School. The plan shall ensure coordination with administrators of El Cerrito Elementary School and other nearby facilities, such as the Boys and Girls Club by providing advanced notification to the facility administrators on the timing, location, and duration of construction activities. The traffic control plan shall also ensure coordination with emergency response providers that serve surrounding area. The City of South San Francisco shall potentially require a detour route if Tennis Avenue would be closed as a staging area. If this detour route is necessary, it shall be devised by the contractor as part of the traffic control plan. The plan shall also require that the export of excess soils occur between 10:00 a.m. and 3:00 p.m. to avoid peak traffic periods. 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