Nob Hill Pipeline Improvements Project

Transcription

1 Nob Hill Pipeline Improvements Project Final Environmental Impact Report Volume I of III State Clearinghouse No June 2014 San Diego County Water Authority 4677 Overland Avenue San Diego, California Prepared by: RECON Environmental 1927 Fifth Avenue San Diego, California Contact: Alyssa Muto amuto@reconenvironmental.com / fax

2 Table of Contents Section Title Page A Introduction to the Final EIR... A-1 B Responses to Comments... B-1 C Errata... C-1 Nob Hill Pipeline Improvements Project (SCH NO ) PAGE i

3 Section A Introduction to the Final EIR

4 SECTION A INTRODUCTION 1. Final EIR Contents A. Introduction to the Final EIR The Final Environmental Impact Report (EIR) for the proposed Nob Hill Pipeline Improvements Project (Project) complies with all criteria, standards, and procedures of the California Environmental Quality Act (CEQA) of 1970 (P.R.C. Section et seq.), the State CEQA Guidelines (14 CCR et seq.), and the San Diego County Water Authority s (Water Authority) implementing requirements. The EIR has been set up in three volumes with the Draft EIR in Volume II, and appendices in Volume III. This document is Volume I of the Final EIR and consists of the following sections: Section A: Introduction to the Final EIR This introduction provides a description of the documents and process for the Final EIR. Section B: Responses to Comments This section provides the comment letters received during the 45-day public review period on the Draft EIR, along with the Water Authority s responses to each comment. Section C: Errata The errata summarize the specific changes to the Draft EIR that are to be considered part of the Final EIR. This includes clarifications and corrections to the information in the Draft EIR to reflect the responses to comments in Section B of the Final EIR. 2. Overview of the EIR Process A Notice of Preparation (NOP) for the proposed project was circulated on April 12, 2013, for a 30-day public review period, ending on May 13, An Open House Scoping Meeting was held at the Scripps Ranch Library on April 24, 2013, with the purpose of providing a public forum for information dissemination; discussion of the public s concerns with respect to environmental issues; and to receive and answer questions on the project, EIR, and the overall CEQA process. Six individuals attended the open house, where copies of the NOP, comment forms, and informational handouts were provided, and a presentation was played for attendees throughout the meeting. This information was subsequently made available on the Water Authority website dedicated to this project. Two letters of comment were received during the NOP public comment period, the first was submitted by an individual who was in attendance at the Open House Scoping Meeting and the second comment letter was submitted by the California Department of Toxic Substances Control. The Draft EIR addressed all comments received on the NOP. The Draft EIR was distributed for a 45-day review period (from February 19 through April 5, 2014) to the public and interested and affected agencies for the purpose of soliciting comments Nob Hill Pipeline Improvements Project (SCH NO ) PAGE A-1

5 SECTION A INTRODUCTION on the analysis within the EIR, including the identification of impacts and proposed mitigation measures. The Draft EIR and all related technical studies were available for review during the public review period at the Water Authority Headquarters, Scripps Ranch Library, and also electronically on the Water Authority s website. During public review nine letters of comment were received from agencies and organizations, as well as individuals. The Water Authority has reprinted the comments letters, along with responses to each comment, as part of this Final EIR. Errata are also included to identify where minor modifications to the Draft EIR were made to clarify or correct information. These revisions do not result in significant new information added to the EIR after public review. Specifically, pursuant to Section (a), no new significant impacts were identified; nor was there an increase in severity of an environmental impact; feasible project alternatives or mitigation measures were not raised that would lessen impacts of the project; and the Draft EIR was completed with sufficient information to allow for meaningful public review and comment. Therefore, the EIR does not require recirculation prior to hearing by the Water Authority Board of Directors. A copy of the Final EIR is available at Water Authority s headquarters at 4677 Overland Avenue, San Diego, California 92123, and on the Water Authority s website: The Water Authority s Board of Directors will consider whether to certify the Final EIR as complete and in compliance with CEQA and must consider it in approving or denying the proposed project. If the project is approved, a Notice of Determination (NOD) shall be filed with the State Clearinghouse and the County Clerk s office. Public input is allowed at the Water Authority s Board of Director s meeting for certification of the Final EIR. In the final review of the proposed project, environmental, economic and social factors will be considered to determine the most appropriate course of action. CEQA Findings, Statement of Overriding Considerations (SOC), and a Mitigation Monitoring and Reporting Program (MMRP) have been prepared in compliance with Section of the Public Resources Code and Sections 15091, 15093, and 15097, respectively, of the CEQA Guidelines. These documents are provided under separate cover. Per Section 15091, when making Findings that state changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect(s) as identified in the Final EIR, the Water Authority, as the CEQA Lead Agency, must adopt a reporting or monitoring program to ensure compliance with these changes or conditions of approval during project implementation. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE A-2

6 Section B Responses to Comments

7 SECTION B RESPONSES TO COMMENTS B. Responses to Comments Public Resources Code Sections and and CEQA Guidelines Section provide the process for a Lead Agency allow for other agencies and public organizations and persons to review and comment on an environmental impact report (EIR) prior to the review and consideration by the designated decision-making body. The Water Authority prepared a draft EIR for the Nob Hill Pipeline Improvement Project and circulated for a 45-day public review to solicit agency and public input on the analysis of the potential environmental effects associated with the construction of the project. During this period nine letters of comment were received from the following agencies and organizations, as well as five individuals: California Department of Fish and Wildlife U.S. Fish and Wildlife Service Scripps Ranch Planning Group Scripps Nob Hill Homeowner s Association Each of the letters is reprinted in this section, with the comment letters oriented on the left side of page and the responses from the Water Authority on the right. Comments and responses are numbered consecutively with agencies first, then organizations, then individuals based on the date of receipt of the letter of comment. Where responses to comments require modifications to the EIR, those changes have been made in the final EIR. The errata at the end of this section provides a summary of the changes. The revisions made to the final EIR do not result in significant new information, but merely clarifies the intent of information provided within the draft EIR. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-1

8 SECTION B RESPONSES TO COMMENTS Public Resources Code Sections and and CEQA Guidelines Section provide the process for a Lead Agency allow for other agencies and public organizations and persons to review and comment on an environmental impact report (EIR) prior to the review and consideration by the designated decision-making body. The Water Authority prepared a draft EIR for the Nob Hill Pipeline Improvement Project and circulated for a 45-day public review to solicit agency and public input on the analysis of the potential environmental effects associated with the construction of the project. During this period nine letters of comment were received from the following agencies and organizations, as well as five individuals: California Department of Fish and Wildlife U.S. Fish and Wildlife Service Scripps Ranch Planning Group Scripps Nob Hill Homeowner s Association Each of the letters is reprinted in this section, with the comment letters oriented on the left side of page and the responses from the Water Authority on the right. Comments and responses are numbered consecutively with agencies first, then organizations, then individuals based on the date of receipt of the letter of comment. Where responses to comments require modifications to the EIR, those changes have been made in the final EIR. The errata at the end of this section provides a summary of the changes. The revisions made to the final EIR do not result in significant new information, but merely clarifies the intent of information provided within the draft EIR. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-1

9 Letter A A-1 A-1 This comment is an introduction to the California Department of Fish and Wildlife letter of comment and summarizes the proposed project reviewed by the agency. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-2

10 A-2 A-3 A-2 The Water Authority has revised the paragraph referenced in the comment (Section 3.3; Page ) to clarify that compliance with the NCCP/HCP general Conditions for Coverage (NCCP/HCP App B, Sec 2.1) and Avian Breeding Season Policy (NCCP/HCP App B, Sec 2.3) is not limited to tree removal, and further, that ongoing monitoring of the site will occur throughout use of the staging area for project construction. The attached errata provides the revised text for the final EIR. A-3 The NCCP/HCP conditions require an environmental surveyor (biologist) to perform regular inspections of the project area, including the Staging Area. If a small reptile or mammal is observed trapped within the project s limits of work, including the project stockpile/staging area, those animals would be relocated to suitable abutting habitats by the Environmental Surveyor. Clarification of the applicability of this requirement to the staging area has been added to the Final EIR on Page The attached errata provides the revised text for the final EIR. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-3

11 Letter B B-1 B-1 This comment summarizes the proposed project reviewed by the agency and documents a determination that the proposed project is consistent with the requirements of the NCCP/HCP. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-4

12 Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-5

13 Letter C C-1 C-1 The comment letter documents the Scripps Ranch Planning Group support for the Nob Hill Condominium HOA s request for access road fencing to address security concerns associated with pedestrian access on the proposed access road. Unauthorized pedestrian access to Nob Hill is recognized as an existing condition by the commentor. The proposed gated and locked access road does not result in a new trespass issue given the number of walking trails that already allow unauthorized pedestrian access to Nob Hill. The Scripps Ranch Planning Group vote and recommendation has been noted. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-6

14 Letter D D-1 D-2 D-3 D-4 D-1 The comment letter documents the Nob Hill Homeowner s Association (HOA) concerns with respect to security within the Nob Hill community as a result of the proposed access road and provides a detailed request for fencing. Unauthorized pedestrian access to Nob Hill is an existing condition and no fences presently exist in the project area to prevent trespass. The proposed gated and locked access road does not result in a new trespass issue given the number of walking trails that already allow unauthorized access to Nob Hill. The comment and requested fencing specifications have been noted. D-2 The comment letter includes inquiry into the timing and the purpose, or need, for the permanent access road. As stated within the EIR, the project objectives include improving access along the pipeline alignment for ongoing inspection, monitoring, and maintenance of the pipelines and associated appurtenances (See page 2-12 of the Draft EIR). The proposed permanent access road would be considered the primary access to the existing facilities within this area to perform required inspections, maintenance, and repair work. This primary access would reduce the ongoing liability and risk of property damage associated with continued primary access via Nob Hill HOA private roads. Locked gates on both ends of the access road will limit future use to authorized vehicles. No additional near-term Capital Improvement Projects for this segment of the Second Aqueduct have been identified at this time. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-7

15 D-1 D-3 The proposed access road would be located in an area currently landscaped with ornamental vegetation and grass, approximately 60 feet west of an existing driveway originally intended for City reservoir maintenance. The location was selected to avoid the isolated patch of sensitive southern willow scrub habitat that occurs in this area. Limited grading and improvements would affect the Nob Hill HOA landscaping in this area. The access road would not significantly affect the aesthetics/community character of the Nob Hill development. As shown in the commenter s attachment photograph, the subject area is an urban condominium development with paved roads, curb and gutters, etc., and views of such urban development. Any landscape temporarily disturbed for construction will be replaced to minimize effects on aesthetics. The Water Authority will maintain the access easement through the Nob Hill community as a secondary access; however, as stated above, it is the intention that the new access road would be the primary access to facilities to reduce ongoing liability and risk of damage to the Nob Hill HOA private roadways. D-2 D-3 D-4 D-4 As stated above, the improvements within the Nob Hill HOA landscaped area are proposed to be minimal, consisting of additional roadway and curb paving, as well as a gate to restrict vehicular access. The road would not be inconsistent with the existing aesthetics/community character of the Nob Hill condominium development which includes paved roads, curb and gutters, etc., and views of surrounding urban development and native habitat. The existing access point referenced by the commenter was investigated for this access road; however, this point of access was rejected due to its location outside of the Water Authority s right-of-way, presence of sensitive biological resources and habitats, and grade and turn-radius limitations for Water Authority vehicular access. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-8

16 D-4 cont. D-5 D-6 D-7 D-8 D-5 The commenter has proposed the removal of a 50-foot segment of road at the connection with the Nob Hill HOA roadway, fencing, landscaping, and security monitoring to address security concerns. The road would be consistent with the existing aesthetics/community character of the Nob Hill condominium development which includes paved roads, curb and gutters, etc., with views of surrounding urban development and native habitat. Landscaping that is temporarily disturbed for construction will be replaced to minimize aesthetics. Video cameras on the access road are not necessary since only authorized vehicles will have access. The requested improvements for the Nob Hill community have been noted. D-6 The Notice of Preparation (NOP) was mailed to residents and tenants within 1,000 feet of the project area on April 12, 2013, for a 30-day public review period. Also included in the NOP was notification of a public Open House Scoping Meeting on April 24, 2013, from 4:30 p.m. to 7:30 p.m. that was held at the Scripps Ranch Public Library. Water Authority staff and environmental specialists were present to discuss the proposed project and answer any questions from community members. The Notice of Availability (NOA) for the Draft EIR was similarly sent out to residents and tenants within 1,000 feet of the project area, and also included in the San Diego Union-Tribune newspaper. The NOA provided notice that the Draft EIR was available for public review and comment for a 45-day period from February 19, 2014, through April 5, Additionally, a public hearing was held by the Water Authority Water Planning Committee on March 27, 2014 to receive public comment. However, pursuant to CEQA, it was not required to attend this meeting to submit comments; written comments submitted via U.S. mail or are just as acceptable as oral comments. The actions taken by the Water Authority were consistent with the requirements under CEQA for public notification and formal opportunities for input on this project. Any further coordination and communication has been undertaken by the Water Authority with the purpose of public outreach outside of the CEQA process. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-9

17 D-4 cont. D-5 D-6 D-7 D-8 D-7 The mailing of the NOA by RECON Environmental, Inc. (RECON), the Water Authority s environmental consultant on this project, was conducted in a manner consistent with the requirements under CEQA. Nonetheless, the Water Authority thanks the commentor for noting the potential for recipients to be confused by the mailings. D-8 This comment does not address the adequacy of the EIR. Comment has been noted. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-10

18 D-9 D-9 This comment acknowledges the need for the project and requests to be informed of the options under consideration. By law, all submitted comments will be addressed in the Final EIR and those responses made available to the public. The Water Authority Board of Directors will consider the comments and responses when considering whether or how to proceed with this project. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-11

19 Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-12

20 Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-13

21 Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-14

22 Letter E E-1 E-1 The access road has been designed to be within the Water Authority s existing right-of-way and minimize impacts to sensitive environmental resources (i.e., wetland vegetation). This will result in roadway grades of approximately 34 percent at certain locations due to existing topography This would not meet the fire department s maximum roadway grades of 15 percent for concrete and 12 percent for asphalt. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-15

23 Letter F F-1 F-1 A full perimeter fence for the access road is proposed by the commenter to address a concern of security within the Nob Hill Condominiums. As noted by the commenter, unauthorized pedestrian access of the Nob Hill condominiums is an existing condition. This is due to the lack of existing community fencing at the proposed project location. The construction of a gated and locked access road, only accessible to authorized vehicles, will not alter this condition. The comment has been noted. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-16

24 Letter G G-1 G-1 The commenter raises security concerns associated with pedestrian access on the proposed access road. As noted by the commenter, unauthorized pedestrian access of the Nob Hill condominiums complex is an existing condition. This is due to the lack of existing community fencing at the proposed project location. The construction of a gated and locked access road, only accessible to authorized vehicles, will not alter this condition. The comment has been noted. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-17

25 Letter H H-1 H-2 H-3 H-1 The comment addresses the communication and notification of the project to the Nob Hill Condominium HOA. A mailing was conducted to notify all residents or tenants within 1,000 feet of the project area of the Notice of Preparation (NOP) Scoping Meeting held on April 24, 2013 from 4:30 p.m. to 7:30 p.m. at the Scripps Ranch Public Library to solicit input on the scope of analysis and alternatives to be included within the Draft EIR. This meeting was conducted as an Open House, with a presentation playing on a loop approximately every 15 minutes for individuals arriving at varying times. Also, Water Authority staff and environmental specialists were present to discuss and answer any questions on the project or the CEQA process. Additionally, a public hearing was held by the Water Authority Water Planning Committee on March 27, 2014 to receive public comment. However, pursuant to CEQA, it was not required to attend this meeting to submit comments; written comments submitted via U.S. mail or are treated the same as oral comments. The actions taken by the Water Authority were consistent with the requirements under CEQA for public notification and formal opportunities for input on this project. H-2 This commenter s opposition to the construction of the proposed permanent access road is noted. Further inquiry by the commenter was included on the purpose, or need, for the permanent access road. As stated within the EIR, the project objectives include improving access along the pipeline alignment for ongoing inspection, monitoring, and maintenance of the pipelines and associated appurtenances (see page 2-12 of the Draft EIR). This new primary access would reduce the ongoing liability and risk of property damage associated with continued primary access via Nob Hill HOA private roads. The construction of a gated and locked permanent access road would only provide authorized vehicles direct access to the existing facilities within this area to perform required inspections, maintenance, and repair work. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-18

26 H-3 cont. H-4 H-3 The commenter raises security concerns associated with pedestrian access on the proposed access road and requests fencing and other measures for securing the access road. As noted by the commenter, unauthorized pedestrian access to the Nob Hill condominium complex is an existing condition. This is due to the lack of existing community fencing at the proposed project location. The construction of a gated and locked access road, only accessible to authorized vehicles, will not alter this condition. The comment and request have been noted. H-4 Per this request, an notifying the commenter that the letter of comment was received was sent on April 5, By law, all submitted comments will be addressed in the Final EIR and those responses made available to the public. The Water Authority Board of Directors will consider the comments and responses when considering whether or how to proceed with this project. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-19

27 Letter I I-1 I-1 The commenter raises security concerns associated with pedestrian access on the proposed access road and requests installation of a permanent fence along the entire perimeter of their community. As noted in several of the comments received, unauthorized pedestrian access of the Nob Hill condominiums in the subject area is an existing condition. This is due to the lack of existing community fencing at the proposed project location. The construction of a gated and locked access road, only accessible to authorized vehicles, will not alter this condition. The comment and request have been noted. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE B-20

28 Section C Errata

29 SECTION C ERRATA C. Errata Final EIR, Section 2.1, Page 2-8 The location of Pipeline 4A on Figure 2-5 was incorrect. The figure has been revised to correct the location. Not to scale FIGURE 2-5: Cross-section View of Pipeline Improvements Nob Hill Pipeline Improvements Project (SCH NO ) PAGE C-1

30 SECTION C ERRATA Final EIR, Executive Summary, Table S-1, Page S-5 and S-6; Section 3.3, Page The mitigation measure has been revised to allow for the off-site mitigation for impacts to sensitive vegetation communities to occur at either, or both, the Crestridge HMA and San Miguel Conservation Bank, or at another habitat management area approved by the wildlife agencies. M-BIO-1: In accordance with Water Authority procedure and NCCP/HCP, temporary impacts occurring to coastal sage scrub within portions of the ROW not previously mitigated off-site at a habitat management area (HMA) or approved conservation/mitigation bank, require mitigation at a 2:1 ratio, consisting of 1:1 on-site restoration and 1:1 off-site mitigation. Areas disturbed by the previous Pipeline 3 and 4 Relining Project (i.e., revegetated habitat) will be mitigated at a 1:1 ratio via on-site restoration because mitigation was previously debited from the Crestridge HMA On-site restoration requirements shall be fulfilled through the preparation of a restoration plan in conformance with Section 6.6 of the NCCP/HCP, with performance criteria and monitoring methods developed in consultation with the Wildlife Agencies. Impacts to Diegan coastal sage scrub, disturbed coastal sage scrub, and revegetated habitat will be mitigated with Diegan coastal sage scrub. Off-site mitigation requirements for the pipeline improvements shall be fulfilled through use of credits at either, or both, the Crestridge HMA and the San Miguel Conservation Bank, or other wildlife agency approved habitat management area. Alternative 1 will require the use of 2.67 acres of credit. Alternative 2 will require the use of 2.33 acres of credit. M-BIO-2: Permanent impacts shall be mitigated in accordance with the mitigation ratios identified in the Water Authority s NCCP/HCP. Offsite mitigation requirements for the access road shall be fulfilled through use of 1.92 acres of credit at either, or both, the Crestridge HMA and the San Miguel Conservation Bank, or other wildlife agency approved habitat management area. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE C-2

31 SECTION C ERRATA Final EIR, Section 3.3, Page This paragraph has been revised to clarify the compliance with the NCCP/HCP General Conditions for Coverage and Avian Breeding Season Policy is not limited to tree removal, and further, that ongoing monitoring will occur throughout use of the staging area for project construction. The staging area contains eucalyptus trees and other mature trees that have potential to support nesting raptors covered under the MBTA and Fish and Game Code. If circumstances arise where tree removal should be required, tthe Water Authority will comply with the NCCP/HCP general Conditions for Coverage (NCCP/HCP App B, Sec 2.1) and Avian Breeding Season Policy (NCCP/HCP App B, Sec 2.3), which include the requirements of pre-construction surveys that would be conducted by the Environmental Surveyor and ongoing monitoring of the staging area. Final EIR, Section 3.3, Page A paragraph has been added to demonstrate that the NCCP/HCP General Conditions for Coverage apply to the staging area and include ongoing monitoring of not only the construction areas (pipeline improvements and access road), but also the staging area. The project would not result in a significant direct impact to Belding s orangethroated whiptail, or any other small reptiles and mammals. The project would adhere to both the general Conditions for Coverage (NCCP/HCP App B, Sec 2.1) and species-specific Conditions for Coverage as contained in the HCP/NCCP (NCCP/HCP App B, Sec 6.3.3, 7.7.3, and ). This includes ongoing monitoring of the staging area by the Environmental Surveyor. Nob Hill Pipeline Improvements Project (SCH NO ) PAGE C-3