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HomeMy WebLinkAboutStaff Report 3.C 01/07/2019Axl _ AVX DATE: January 7, 2019 TO: Honorable Mayor and Members of the City Council through City Manager F FROM: Din S oiin, .A — irector, Public Works and Utilities Jasot Beat; E. —Assistant Director of Public Works SUBJECT: Resolution to Adopt a Mitigated Negative Declaration for the Denman Reach Phase 4 Project and Approve the Project with the Incorporation of Mitigation Measures RECOMMENDATION It is recommended that the City Council adopt the attached Resolution to Adopt a Mitigated Negative Declaration for the Denman Reach Phase 4 Project and Approve the Project with the Incorporation of Mitigation Measures. BACKGROUND Completing flood mitigation projects within the Petaluma Watershed in concert with the development of a river and creek front trail system was envisioned in the 1996 River Access and Enhancement Plan and was adopted as a policy in the General Plan 2025 in 2008. There were three vacant parcels located on the west side of Industrial Avenue that were originally sought for acquisition by the City to allow terracing along the Denman Reach of the Petaluma River to lower flood waters and construct a river front access trail. Due to funding limitations the Denman Reach Phase 3 project only acquired two of the three properties. In the fall of 2016, the Sonoma County Water Agency (Agency) approached the City of Petaluma with an opportunity for $1.9 million in California Department of Water Resource (DWR) Proposition 1E grant funds for a flood prevention project. As a result, the proposed "Phase 4" project was developed and includes acquiring the third vacant parcel on Industrial Ave of 5.47 acres, creating a flood detention basin, and removing a sediment buildup in the Petaluma River at the Corona Road bridge. The project would also protect river corridor open space, create additional river access trails, increase riparian habitat in the Denman Reach area, and reduce the risk of scour of the foundation of the Corona Road bridge. In May 2017, DWR approved an amendment to an existing Prop 1E grant agreement to allow the Agency to complete the Petaluma River Flood Management Denman Reach 4 project in lieu of a previously approved project in Sonoma Valley. In February 2018, the City entered into a Funding Agreement with the Agency to execute the project. Based on the project characteristics, it was determined that CEQA could be satisfied by adopting a Mitigated Negative Declaration. DISCUSSION The proposed project will provide continued flood improvements along the Petaluma River by providing offline detention basins at Denman Reach to capture peak flows during storm events, and removal of sediment near the Corona Road bridge in order to return the channel to the original cross section designed during bridge installation. The detention basins at Denman Reach will be divided into two basins within the parcel that are broken up by the existing sewer and water mains that split the parcels. Each basin will have a spillway opening to allow the peak flows into the basin. The spillways will be installed in line With the existing trail, which will maintain compliance with the guidelines set forth by the Americans with Disabilities Act. This project will also provide additional access trails with an additional 1,000 linear feet of a loop trail around the basins. The detention basins will provide nearly 10 acre -ft of storage. Another aspect of this portion of the project will be to create seasonal wetlands to mitigate the existing wetlands that are being removed as part of the basin excavation. Roughly 6,150 cubic yards of the sediment will be removed at the Corona Road bridge to restore the originally designed channel for the bridge installation. To accomplish this task, vegetation and trees within the channel will be removed and be mitigated within the new channel along newly -graded slopes. Riprap will be installed against the bridge abutments to prevent scouring during high flow conditions. An Initial Study and Mitigated Negative Declaration (MND) was prepared, published, and circulated for public comment in August 2018. Public Notice of the documents availability was published in the Argus Courier on August 30, 2018 and distributed to all property owners within a 500 -foot radius of the project site a week prior to the publishing date. Public Notice was also distributed to the State Clearinghouse and all appropriate referral agencies. Comments received to date are attached in Attachment 3. Written responses to comments are attached in Attachment 4. Recommended amendments and/or additions to the Initial Study are attached in Attachment 5. None of the amendments or additions identify new avoidable significant impacts or show proposed mitigation or project revisions are inadequate to mitigate identified impacts. Therefore, recirculation of the MND is not required as the result of the amendments. Mitigation measures for the Project are set forth in Exhibit A of the proposed Resolution, Attachment 1. FINANCIAL IMPACTS Project funding is provided by two State grants: with $1,754,322 from the DWR and $880,302 coming from the Agency Zone 2A Budget for a total project budget of $2,634,624. The City will contribute $29,165 of in-kind services as a fund match by performing project management and provide perpetual maintenance of the acquired property and the flood control measures. The proposed action has no unanticipated financial impacts. ATTACHMENTS 1. Resolution w/ Mitigation Monitoring Plan 2. Location Map 3. Comments Received on Initial Study 4. Responses to Comments received on Initial Study/Amendments to the Initial Study reflecting comments received from agencies and the public ® Items listed below are large in volume and are not attached to this report but may be viewed in the City Clerk's office. 5. Initial Study dated August 2018 6. Final Initial Study dated January 2019 3 Attachment 1 RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE DENMAN REACH PHASE 4 PROJECT, AND APPROVE THE PROJECT WITH THE INCORPORATION OF MITIGATION MEASURES WHEREAS, the City of Petaluma has adopted policies'calling for the development of flood terraces and a riverfront trail system in the 1996 River Access and Enhancement Plan and the 2008 General Plan 2025; and WHEREAS, the Sonoma County Water Agency has been awarded an initial grant from the State Department of Water Resources in the amount of $1,754,322 for land acquisition and flood control management in the Denman Reach area of the Petaluma River; and WHEREAS, the Sonoma County Water Agency (Agency) has approved $881,600 in funding for the project; and WHEREAS, the Agency entered into an agreement with the City to provide $2,635,000 in funding to execute a flood protection project to acquire a vacant 5.47 -acre parcel on Industrial Avenue, create a flood detention basin, create additional river front trails, and remove sediment buildup in the Petaluma River at the Corona Road Bridge; and WHEREAS, the City prepared an Initial Study for the Project consistent with CEQA Guidelines sections 15070 through 15074.1 and determined that a Mitigated Negative Declaration (MND) was required to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and WHEREAS, on or before August 22, 2018, the City's Notice of Availability and Notice of Intent to Adopt a MND based on the Initial Study, providing for a minimum of 30 -day public comment period commencing August 23, 2018 and ending September 22, 2018 published and mailed to all property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and WHEREAS, pursuant to the analysis in the Initial Study, the Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; and WHEREAS, pursuant to further analysis in the Initial Study, the Project does not make significant impacts that are individually limited, but cumulatively considerable, nor have environmental effects which may cause substantial adverse effects on human beings, either directly or indirectly; and WHEREAS, on January 7, 2019, at a duly noticed public meeting, the Petaluma City Council reviewed the MND, all supporting documents including but not limited to the Initial rd Study and proposed amendments and additions, staff reports and related materials, and all public comments and evidence presented at or before the meeting; and WHEREAS, the Initial Study and MND identify mitigation measures applicable to the Project, as incorporated herein by reference; and WHEREAS, the Project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code; and WHEREAS, the MND reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and WHEREAS, the MND, Revised Initial Study, and related project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the City Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Public Works and Utilities, 2020 North McDowell Blvd, Petaluma, CA 94954, Attn: Tim Moresco, Associate Civil Engineer. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Petaluma hereby: Based on its review of the entire record herein, including the MND, the Initial Study, all supporting, referenced and incorporated documents and all comments received and responses and additions thereto, the City Council further finds that there is no substantial evidence that the Project as mitigated and conditioned will have a significant effect on the environment, that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and that the Mitigated Negative Declaration, Initial Study as amended, and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. 2. The Initial Study and MND shall incorporate the text additions and amendments contained in the attached Attachment 4. The City Council adopts the Mitigation and Monitoring and Reporting Program set forth in Exhibit A hereto and incorporated by reference. All mitigation measures contained therein shall be conditions of approval of the Project. 4. The City Council hereby approves the Petaluma River Flood Management Denman Reach Phase 4 Project. 5 EXHIBIT A L U City of Petaluma, California R Public Works and Utilities z85s Project Name: Denman Reach Phase 4 Address/Location: 1300 block Industrial Ave. (APN 007-412-033) Petaluma River/Corona Bridge REPORTINGIMONITORING RECORD — MITIGATION MEASURES This document has been developed pursuant to the California Environmental Quality Act, Public Resource Code Section 21.081.6 to ensure proper and adequate monitoring or reporting in conjunction with project approval which relies upon a Mitigated Negative Declaration. 2 Review Dept. Due Date Date Completed Staff Initials Biological Resources A. 13I0-1: Prior to filling of jurisdictional PW&U, RPI waters, or construction activities within CDFW, Corps, RWQCB or CDFW jurisdiction, RWQCB necessary regulatory permits will be obtained from the appropriate agencies. Regulatory permits to be obtained include a Corps Permit, Regional Water Quality Control Board Section 401 Water Quality Certification and/or Waste Discharge Requirement. Prior to proposed filling of jurisdictional waters, compliance with all regulatory agency permit conditions shall be demonstrated. Permanent impacts to jurisdictional wetlands will be mitigated 1.5:1 ratio at a minimum, with the 1:1 relating to on-site restoration and 0.5 of additional mitigation to compensate for temporal losses, on a functions and values basis by: (1) restoring wetlands in the Study Area; (2) purchasing an appropriate amount of mitigation credits by an approved mitigation bank, or (3) another type of mitigation as approved by the Corps, 2 RWQCB, and/or CDFW through the permitting process. With the implementation of these measures, the Project impact on waters of the U.S. and State will be less than significant. B. 13I0-2: Prior to removing riparian vegetation PW&U, RPI or construction activities within CDFW or CDFW, RWQCB jurisdiction, necessary regulatory RWQCB permits will be obtained from the appropriate agencies. Regulatory permits to be obtained include a CFGC Section 1602 Streambed Alteration Agreement. The project shall comply with all regulatory agency permit conditions and compensatory mitigation measures as determined and required by regulatory agencies during permit authorization but shall be no less than 1:1 replacement ratio. Mitigation options will include the following: (1) planting replacement riparian vegetation, (2) purchase of mitigation bank credits from an approved mitigation bank, and/or (3) paying an in -lieu fee to a natural resource agency or habitat resource organization. For habitat that is preserved and/or established for mitigation, a Habitat Mitigation and Monitoring Plan (HMMP) shall be prepared. The HMMP will include a detailed description of restoration/enhancement/preservation actions; restoration performance criteria for each biological parameter (i.e., native/invasive plants, wildlife use); and monitoring/maintenance/reporting requirements for each biological parameter to evaluate restoration performance criteria. With the implementation of these measures, the Project impact on riparian vegetation will be less than significant. C. 13I0-3: A permit from the City of Petaluma PW&U, CoC will be acquired for the removal of any PD protected tree within City, limits. Conditions of approval may include tree replacement plantings or the payment of in -lieu fees. With the implementation of these measures, the Project impact on protected trees will be less than significant. D. BIO-4: Six special-status plant species have PW&U, CA potential to occur in the Study Area. To CCNB avoid impacts to special-status plants, DFG protocol-level surveys shall be conducted during the documented bloom period of the species. Two site visits, including one early- season (May), and one late-season (July) will be sufficient to cover the bloom periods of the six species with potential to occur. Survey timing may fluctuate based on blooming periods of appropriate reference site locations. If special-status plant surveys result in negative findings, no impacts would occur, and no mitigation would be required. However, if special-status plants are identified in the impact area, mitigation will be required. Mitigation will include avoidance, or if avoidance is not feasible, seeds collection and re-establishment at a minimum 1:1 ratio (number of plant established: number of plants impacted) in preserved, suitable habitat. Re-established populations shall be monitored annually in accordance with an approved HMMP for a minimum of five years. Reports describing performance results will be prepared and submitted for years 1, 3, and 5 during the monitoring period. With the implementation of these measures, the Project impact on special-status plants will be less than significant. E. 13I0-5: While trees are not typically used as PW&U, CA hibernation roosts, mature oaks and other SCWA, large trees on the property could potentially CDFW be used as day or maternity roosting sites by bats. All bat roosts, including those of non- special-status bats are protected by CDFW. To avoid impacts to roosting bats, any project activities that would impact potential bat roosts shall be initiated outside of the maternity roosting season (March 1 — July 31). If project work such as the felling of trees cannot occur outside of the maternity season, then a bat roost survey shall be conducted within 14 days prior to the start of such activities. Any structures or trees that are determined to support roosts shall have a 200 -foot no work buffer placed around them, and the buffer shall not be lifted until the maternity season has completed. In addition, when any large trees are removed, they shall be allowed to lie undisturbed on the ground for one night to allow any roosting bats to escape on their own before the trees are processed. With the implementation of these measures, the Project impact on bats will be less than significant. F. BIO -6: For the protection of special -status PW&U, CoC birds, and native nesting birds protected by PD the MBTA and CFGC, future Project activities shall occur outside of the nesting season from September 1 —January 31, to the extent feasible. If working outside of the nesting season is not possible, and project activities are initiated during the nesting season (February 1 — August 31), a qualified wildlife biologist shall conduct a nesting bird survey no more than 14 days prior to the start of Project activities. If no active nests are identified during the surveys, no impacts will occur to birds and work will progress without restriction. If active nests are identified, a no - disturbance buffer around the nest shall be implemented to avoid impacts to nesting birds. Buffers will be determined by a qualified biologist, and typically range from 25 feet to 500 feet depending on the species and protection status of that species. Once an active nest is determined to no longer be active, because of young fledging or predation, the buffer around the nest shall be removed and work shall progress without restriction. With the implementation of these measures, the Project impact on nesting and/or protected birds will be less than significant. G. BIO -7: Aquatic habitat activities shall be PW&U, RPI, completed during the dry season, between CDFW, CA July 15 and October 1. Regulatory approval RWQCB shall be obtained for all work within potentially jurisdictional areas from respective agencies. Approvals from the RWQCB, CDFW, and Corps are required based on project designs (City of Petaluma 2016). The Petaluma River is also designated critical habitat for California central coast chinook and California central coast steelhead and is considered EFH for coho and chinook salmon. Therefore, it is likely that the Corps will consult with the USFWS and NMFS for impacts to the Petaluma River. All work within these areas shall conform to any conditions imposed by the regulating agencies. Prior to construction, the contractor shall be required to prepare an Accidental Spill Prevention and Cleanup Plan. This plan shall include required spill control absorbent material, for use beneath stationary equipment, to - be present on-site and available at all times. All refueling and maintenance of equipment, other than stationary equipment, shall occur at least 100 feet from the creek's top -of - bank. Refueling or maintenance of stationary equipment within the channel (top of bank to top of bank) shall only occur when secondary containment sufficient to eliminate escape of all potential fluids is in place. Any hazardous chemical spills shall be cleaned immediately. All stockpiling of construction materials, equipment, and supplies, including storage of chemicals, refueling and maintenance, with the exception of stationary equipment, shall occur outside the creek channel. No equipment shall be washed where runoff could enter the creek. No motorized equipment shall be left within the channel (top of bank to top of bank) overnight. 10 Work shall be conducted in isolation from flowing water. Prior to the start of construction activities, the work area shall be isolated using temporary water diversion materials such as sand bags or other similar methods, and flowing water shall be temporarily diverted around the isolated area. A 3 to 5 -foot buffer zone will be created, offset from the sandbags, to further reduce the chances of sediment depositing into the river during construction. If de -watering is necessary, pumps with 0.2 - inch mesh shall be used to remove standing water from the work area within the cofferdams to a filtration basin to prevent direct discharge into the creek. If a filtration basin is not available, filter bags will be placed surrounding the hose -release and the hose -release end shall be placed on a level area outside of the wetted creek channel to allow water to settle prior to returning to the creek. No pumped water shall be directly discharged into the creek. Allowing the pumped water to settle in a filtration basin or release through filter bags will prevent increase in turbidity or sediment loads during the de -watering process. If de -watering is necessary, a de -watering plan shall be submitted for agency approval. By implementing these measures, the Project's impacts to special -status fish, including salmonids, shall be reduced to less than significant. H. BIO -8: Although the lack of upland habitat, PW&U CA lack of connectivity to suitable breeding habitat, intense flooding, sedimentation and introduced predators/competitors reduce the 11 potential for CRLF to occur within the Study Area, measures to avoid CRLF impacts shall be implemented. The following measures shall be implemented to avoid CRLF and are in agreement with the measures described in the NLAA that was issued for this project (Corps 2016). An environmental awareness training for all crews working on the site shall include education on sensitive resources such as protected wildlife with the potential to occur within the area (identification, regulatory status, natural history), water quality and environmental protection measures. Within 48 hours prior to any construction activities, a biologist approved by USFWS (Approved Biologist) shall conduct surveys for CRLF in and adjacent to the Action Area, 100 feet upstream and 100 feet downstream of the Study Area. The Approved Biologist shall have stop work authority to protect natural resources or ensure personal safety or the safety of workers. If CRLF are detected during surveys, work shall cease until consultation with the appropriate agencies can be completed. If no CRLF are found during the preconstruction surveys, the Study Area shall be surveyed each day prior to commencement of work by the Approved Biologist or a qualified biologist under the direction of the Approved Biologist to ensure that no CRLF are present in the Study Area until vegetation removal and exclusion fence installation are complete. After vegetation 12 clearance and exclusion fence installation, activities may continue inside fenced areas without the presence of a biologist unless work is halted for more than 10 days, then a pre -construction survey for CRLF shall be conducted prior to re-initiation of work. All workers shall ensure that food scraps, paper wrappers, food containers, cans, bottles, and other trash from the work area are deposited in covered or closed trash containers. Trash in the containers shall be removed and disposed of off-site daily. Prior to the commencement of operation of wheeled or equipment with tracks in undisturbed areas, vegetation that could conceal CRLF shall be removed by hand under the supervision of a qualified biologist after the Approved Biologist has surveyed the area and determined it to be free of CRLF. If vegetation is too dense to be adequately surveyed (tall grasses, blackberry etc.), the Approved Biologist, at his or her discretion, may request that vegetation is cut to a height of 6-12 inches (and cut vegetation removed) prior to conducting a survey. If no CRLF are found, the vegetation shall be cut to ground level, and this shall ensure that no CRLF are harmed by cutting tools. Exclusion fence shall be installed around staging areas and Study Areas after vegetation removal is complete. A qualified biologist under direction of the Approved Biologist will oversee the installation of the fence. Once the fence is installed, the periodic inspections by the qualified biologist and construction contractor shall ensure that the fence is maintained 13 effectively for the duration of the project. If exit/entries to the enclosed areas are required, they shall be closed at the pnd of work each day to ensure exclusion of CRLF overnight. Erosion control structures shall not include plastic or be of types that may entrap wildlife and shall be constructed of tightly woven natural fibers. All construction activities shall cease one half hour before sunset and shall not begin prior to one half hour before sunrise. Additionally, construction activities shall not occur during rain events or within 24 hours of events projected to deliver >0.2 inches of rain or within 24 hours after rain events exceeding 0.2 inches in measurable precipitation, as CRLF are most likely to disperse during periods of precipitation. No work shall occur after 0.5 inches of rain has occurred after November 1 in the year work is occurring. Any open holes or trenches shall be covered or have escape ramps no steeper than 45 degrees installed at the end of each working day to prevent CRLF from becoming entrapped. With the implementation of these measures and those described for special - status fish (13I0-7), any impacts to CRLF shall be avoided. I. BIO -9: Prior to the initiation of Project work PW&U CoC in the reservoir or banks of the reservoir, a qualified biologist shall conduct a preconstruction survey for pond turtles. If a pond turtle is found during surveys, the qualified biologist will relocate it outside of the Study Area, out of harm's way or it shall be allowed to move out of the area under its own power. With the implementation of these measures and those previously 14 described for CRLF (13I0-7) and aquatic habitats (13I0-1 and BIO -2) (exclusion fence, work windows etc.), the impacts to Pacific and turtle will be less than significant. Geology and Soils J. GEO-1: All provisions of the City of Petaluma PW&U, CA Grading Ordinance, the project plans, and the PD project geotechnical report prepared for Phases 1 and 2 will be followed. Finished grades will not be steeper than 2H:1 V. K. GEO-2: Earthwork, including grading and fill PW&U, COC, placement will only occur between the period PD CA of June 1 and October 15. All disturbed areas will be stabilized upon final grading and protected using a combination of permanent vegetative treatment, mulching, geotextiles, as shown in the project Erosion Control Plan (ECP) to be included in the grading plans. In addition, the selected construction Contractor will be required to develop a SWPPP (subject to City approval) and implement the Plan. The City's Project Manager will monitor (and document) to ensure that the ECP and SWPPP and other provisions of the approved improvement plans are being followed. L. GEO-3: Site grubbing and earthmoving PW&U, COC, activities will be completed prior to October 15 DFG CA of the construction year. Work beyond October 15 (except for revegetation until November 15) shall be specifically authorized in advance by the appropriate regulatory agencies. All erosion control shall meet specifications of the City of Petaluma Erosion Control Ordinance. Erosion control and sediment detention devices shall be incorporated into the project design and implemented at the time of construction. These devices shall be in place prior to October 15 and the onset of rains for the purposes of minimizing fine sediment and sediment/water slurry input to flowing water, and of detaining water to retain sediment on-site. These devices will be placed at all locations where the likelihood of sediment input exists. Sediment collected in these devices shall be disposed of away from the collection site and outside riparian areas and flood hazard areas. iG M. GEO-4: Any soil or rock fill to be installed PW&U, COC, within Water Board jurisdiction will include an RWQCB CA evaluation of biotechnical methods and habitat enhancement features to be incorporated in order to avoid and minimize impacts of hardened structures. All rock must be demonstrated to be necessary and appropriately sized through a hydraulic analysis performed by a qualified professional. If biotechnical methods and habitat enhancement features are demonstrated to be infeasible, mitigation will be required at a 1.5:1 ratio at a minimum. Hydrology and Water Quality N. HYD-1: A detailed Storm Water Pollution PW&U COC, Prevention Plan (SWPPP) shall be prepared CA and implemented by the Contractor, subject to review and approval of the City of Petaluma, as a line item in the construction agreement. Construction plans should specify all erosion and sediment control measures that will be used, including (where applicable): 1. Limiting access routes to the creek channel and stabilizing access points; 2. Stabilizing graded areas as soon as possible with seeding, mulching, erosion control materials or other effective methods; 3. Delineating clearing limits, easements, setbacks, sensitive areas, vegetation, and drainage courses by marking them in the field; 4. Stabilizing and preventing erosion from temporary conveyance channels and outlets; 5. If rainfall occurs, using sediment controls and filtration to remove sediment from water collected on-site during construction O. HYD-2: Implement established Best PW&U, COC, Management Practices (BMPs) to control RWQCB CA short-term construction water quality impacts. 1. Construction BMPs would reduce erosion of disturbed soils during construction activities and are used to minimize wind and water erosion and transport of sediments during construction. BMPs shall include as a minimum the following measures: 16 2. Temporary measures, such as flow diversion, temporary ditches, and silt fencing. 3. Surface disturbance of soil and vegetation would be kept to a minimum. 4. Any stockpiled soil, awaiting removal from the site, would be placed, and sloped so that it would not be subject to accelerated erosion. P. HYD -3: Conformance with the State Water RWQCB, RPI, Resources Control Board Construction SCWA, COC, General Permit, including implementation of a PW&U CA Storm Water Pollution Prevention Plan (SWPPP) and the Sonoma County Water Agency (SCWA) Stream Maintenance Program Guidelines, which include Best Management Practices. The BMPs cover selective vegetation management, including use of herbicides and other chemicals. Q. HYD -4: Incorporate potentially hazardous CDFW, RPI, materials storage and handling plan into the PW&U COC overall Streambed Alteration Agreement. CA Provisions will include, but not be limited to the following: 1. Refueling outside the riparian corridor with measures for containing accidental fuel spills. 2. All construction equipment and machinery shall be checked for leaks prior to entry into the stream channel (note: this BMP would not apply to this project as no rolling equipment is expected to be placed within the stream channel). 3. Any construction equipment shall not be stored or stockpiled in the creek channel. 4. No herbicide application in or near flowing water, and all herbicides shall be applied under the direction of a licensed Pest Control Applicator, and in accordance with appropriate re ulations. Noise R. NOISE -1: Temporary noise impacts will be PW&U COC, limited by restricting construction activities CA to daylight hours: weekdays from 7:00 am to 7:00 pm, and Saturdays 9:00 am to 5:00 pm, with no work on Sundays. This shall exceed 17 standards of the City of Petaluma Noise Requested By or Due Date PW&U Public Works & Utilities GP Ordinance which specifically prohibits PD Planning Division SPAR Site Plan and Architectural Review RA Regulatory/Referral Agency construction activity between the hours of Commencement of Construction SCWA: Sonoma County Water Agency 10:00 p.m. and 7:00 a.m. Monday through Control Board Friday, and between 10:00 p.m. and 9:00 CDFW: Dept. of Fish & Wildlife a.m. on Saturdays, Sundays, and State, Construction Activity RPI Regulatory or Referral Permit Federal, or local holidays. Issuance (see RA list) PCM S. NOISE -2: Require hearing protection for PW&U CA workers operating, and in close proximity to, heavy machinery, including chainsaws, brush mowers, and weed trimmers in accordance with CFR 29, Part 1910.95, and OSHA standards. Department/ALYency Requested By or Due Date PW&U Public Works & Utilities GP Grading Permit PD Planning Division SPAR Site Plan and Architectural Review RA Regulatory/Referral Agency CoC Commencement of Construction SCWA: Sonoma County Water Agency RWQCB: Regional Water Quality Control Board CDFW: Dept. of Fish & Wildlife CA Construction Activity RPI Regulatory or Referral Permit Issuance (see RA list) PCM Post -Construction Monitoring 18 Attachment 2 PETALUMA RIVER FLOOD MANAGEMENT DEV 016301722 LOCATION MAP Q- PR T v, o\ Date : January 7, 2019 PROJECT SITE N City of Petaluma a�L `° E Public Works and Utilities PROJECT SITE S Department xs5a 19 Attachment 3 'r STATE OF CAL[FORNIA ria 1 " GOVERNOR'S OFFICE of PUNNING AND RESEARCH � s EDMUND G. BROWN .JR. KE i ALEx GOVERNOR D[REGTOR . October 15, 2018 Tim Moresco City of Petaluma 202 N McDowell Blvd Petaluma, CA 94954 Subject: Denman Reach Phase 4 - Petaluma River Flood Management Project S CH#: 2018092029 Dear Tim Moresco: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document, The review period closed on October 12, 2018, and the comments from the responding agency (ies) is (are) enclosed, If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 21104(c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document, Should you need more information or clarification of the enclosed comments, -we recommend that you contact'the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, .rcott Morgan Director, State Clearinghouse Enclosures cc: Resources Agency 1400 10th Street RO, Box 3044 Sacramento, California 95812-3044 1-916-322-2318 FAX I-916.558-3184 www,opr,ca.gov 20 Document Details Report State Clearinghouse Data Base SCH# 2018092029 Project Title Denman Reach Phase 4 - Petaluma River Flood Management Project Lead Agency Petaluma, City of Type MND Mitigated Negative Declaration Description The proposed project will provide continued flood improvements along the Petaluma River with the fourth phase of the Denman Reach project by providing offline basins at Denman Reach, in order to capture peak flows during storm events, and sediment removal near the Corona Road bridge and in order to return the channel to its original section. Lead Agency Contact Name Tim Moresco Agency City of Petaluma Phone 707-778-4355 Fax email Address 202 N McDowell Blvd City Petaluma State CA Zip 94954 Project Location County Sonoma City Petaluma Region Lat/Long 38° 15'41.1 " N / 122° 39'37.9" W Cross Streets Indu'strial Ave/Corona Rd Parcel No. 007-412-033 Township Range Proximity to: Highways Airports Railways Waterways Schools Land Use 101 SMART Petaluma River Corona Creek ES OS Section Base Project Issues Biological Resources; Flood Plain/Flooding; Water Quality; Water Supply; Wetland/Riparian Reviewing Resources Agency; Department of Fish and Wildlife, Region 3; Department of Parks and Recreation; Agencles Department of Water Resources; California Highway Patrol; Caltrans, District 4; Air Resources Board, Transportation Projects; State Water Resources Control Board, Divison of Financial Assistance; State Water Resources Control Board, Division of Water Quality; State Water Resources Control Board, Division of Water Rights; Regional Water Quality Control Board, Region 1; Native American Heritage Commission; Public Utilities Commission Date Received 09/13/2018 Start of Review 09/13/2018 End of Review 10/12/2018 21 Note: Blanks in data fields result from insufficient information provided by lead agency. Sl?\'I'ti OI' ('ALIFORNIA--CAI_IFO[tNIA STATE TRANSPORl'ArION AGFNC'Y MNII)ND G BROWN Jr Govemnr DEPARTMENT OF TRANSPORTATION (Ii( wY 10 1 Z C `� DISTRICT 4 P.O. BOX 23660 _ OAKLAND, CA 94623-0660 PHONE (510) 256-5523 FAX (510) 2S6-5559, Age TTY 711 voveov's office of ply MIN & R arch www.di)t.ea.gov dlakirig cotrsrtration OCT 10 2018 aCalljarniaWapof'Lifi. STATE CLEARINGIOUSE October 9, 2018 SCH# 2018092029 Mr. Tim Moresco, Associate Civil Engineer 04 -SON -2018-00328 City of Petaluma GTS ID 12654 Public Works and Utility 202 North McDowell Boulevard Petaluma, CA 94954 Denman Reach Phase 4 — Petaluma River Flood Management Project— Mitigated Negative Declaration (DiIND) Dear Mr, Moresco: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the above -referenced project, In tandem with the Metropolitan Transportation Commission's (MTC) Sustainable Communities Strategy (SCS), Caltrans mission signals a. modernization of our approach to evaluate and mitigate impacts to the State Transportation Network (STN). Caltrans' Strategic 1Llanagernent Plain 2015-2020 aims to reduce Vehicle Miles Travelled (VMT) by tripling bicycle and doubling both pedestrian and transit travel by 2020. Our comments are based on the MND, Project Understanding The proposed project will provide continued flood improvements along the Petaluma River with the fourth phase of the Denman Reach project by providing offline detention basins at Demean Reach to capture peak flows during storm events, and sediment removal near the Corona Road bridge and in order to return the chazmel to the cross section designed during bridge installation, The detention basins at Denman Reach will be divided up into two basins within the parcel that are broken up by the existing sewer and water mains that split the parcel. Each basin will have a weir opening to allow the peals flows into the basin. The weirs will be installed in line with the existing trail, which will maintain compliance with the guidelines set forth by the American Disabilities Act. An additional 1,000 linear feet of a loop trail around the basins will be constructed. The detention basins will provide nearly 10 acre-feet of storage, Seasonal wetlands will be constricted to mitigate the existing wetlands that are being removed as part of the basin excavation. Roughly 6,150 cubic yards of sediment will be reconstructed at the Corona Road bridge to restore the channel to the section designed during the bridge installation, To accomplish this task, vegetation, as well as several trees within the current channel will be "Provide a safe, sustainable, haegraled and e%ficlenl transportation Svsteai 10 wrliance California's VV0110MY and livability" 22 Mr, Tim Moresco, Associate Civil Engineer City of Petaluma October 9, 2018 Page 2 removed, The two basins are located approximately 0,4 miles and 1.2 miles southeast of the US 101/Pataluma Boulevard North intersection, respectively, Hydraulics In the Hydrology and Water Quality section of the MND checklist, there are four items checked as less than significant with mitigation; sections c -f, However, there is no discussion of sections d (alter drainage pattern or increase runoff) and e (create or contribute runoff which would exceed the capacity of drainage systems). Please address sections d and e, Lead Agency As the Lead Agency, the City of Petaluma is responsible for all project mitigation, including any needed improvements to the STN. The project's financing, scheduling, implementation responsibilities and monitoring should be fully discussed for all proposed mitigation measures. Mitigation that includes the requirements of other agencies such as Caltrans are fully enforceable through pen -nit conditions, agreements, or other legally -binding instruments tinder the control of the City. Should you have any questions regarding this letter, please contact Stephen Conteh at 510-286- 5534 or stephen,contelh@dot,ca.gov, Sincerely, �GC-1 PATRICIA MAURICE District Branch Chief Local Development - Intergovernmental Review c; State Clearinghouse "Provide a safe, sustainable, integrated and eJJieieal uransfWrtation suelem to enhance Callfornia s economy and lirabitily" '.23 OA LII OA MIA Water Boards San Francisco Bay Regional Water Quality Control Board Sent via electronic mail: no hard copy to follow Mr. Jason Beatty City of Petaluma, Public Works and Utilities 202 N McDowell Blvd Petaluma, CA 94954 Email: ibeattyl'bci.petaluma.ca.us EDMUND G. BRDveI JR. MA/THEW IiDDRIDUEZ 9ECfl¢TARY PON ERYIRDIILIEIITAL PROTE6T01f GCS IUW \ a� lc� September 26, 2018 VOvemcr's Office of Planning & Ro arch SEP 2 6 2018 STATE CLEARINGHOUSE Subject: Comments on Initial Study. (IS) for Petaluma River Flood Management Denman Reach Phase 4. Project, Sonoma County Dear Mr. Beatty: San Francisco Regional Water Quality Control Board (Water Board) staff appreciates the opportunity to provide comments on the Initial Study (IS) for the Petaluma River Flood Management Denman Reach Phase 4 Project (Project) by the City of Petaluma Department of Public Work and Utilities (the City) pursuant to the California Environmental Quality Act (CEQA). The City posted the IS for public review on August 23, 2018. Based on our review, we support the determination that a Mitigated Negative Declaration (MND) will be prepared: Accordingly, as a Responsible Agency under CEQA, we offer the following comments to guide the City in preparing the Project's MND, 1. Project Description and Technical Basis. The Project as described in the IS does not provide a level of clarity needed to appropriately analyze the impacts versus benefits. Please address the following: a. The benefits to flooding are unclear based on the 100 -year flood boundary figures provided in the memo provided by WEST Consultants, Inc. (Technical Memo), How much infrastructure and buildings would be protected in the 100 - year storm due to the implementation of this Project? Please provide a figure depicting the increase in flooding that will result from the Project during the 25 - year storm. b. The technical basis for the sediment excavation parameters and cross-sections proposed for the mainstem of the Petaluma River is unclear. Please provide a basis for the assertion that the Project will be restoring the channel to previously DR, TFRR/ F. YOUNG. CHAIR I BRUCE H, WOLFE, EXECUTIVE OFFICER ... _... _....... ............ .... ....................................... _...___..._.......__.._...._...._..._-......--._.._-__--_........ -................ --._....... ..._......__........... ... _......... ...... .._....__..._............_.. 1515 Clay St., Suite 1400, Oakland, CA 84612 1 www.waterbcar(1s.ca.gov/sanrranciscobay 6) RECYDLED PAPER 24 Mr. Jason Beatty - 2 - September 26, 2018 Denman Reach Phase 4 Initial Study existing conditions, such as historical cross sections or bathymetry data. In many cases, excavating a wider and more uniform channel promotes increase sediment deposition until the channel has equilibrated. We recommend analyzing geomorphic dredging methods that include excavating a low flow channel, leaving low floodplain benches, and mimic natural conditions of channel equilibrium to the maximum extent possible for a more sustainable Project. Furthermore, the purpose and benefits of the sediment removal portion of the Project are unclear. Does the sediment aggregation at this site cause increased flooding impacts, and if yes, what is the root cause of sediment aggregation and does the proposed Project address it? If not, will sediment removal maintenance be required in the future to sustain the Project's flood benefits? The Technical Memo states thatJhe channel excavation will result in lower water surface elevation's upstream, but an increase downstream. What is the comparison of flooding impacts to infrastructure and buildings upstream versus downstream for both the 25 -year and 100 -year storm? Is the purpose of sediment removal to relieve flooding pressure on the more urbanized upstream watershed? 2. Impacts to Federal and State Jurisdictional Wetlands and Other Waters. The IS acknowledges that a CWA Section 401 water quality certification (401 Certification) and a CWA Section 404 Permit from the U.S. Army Corps of Engineers will be necessary as the Project impacts waters of the U.S. To ensure the impacts to waters of the US and waters of the State have be correctly identified and analyzed, the appropriate agencies (RWQCB and Corps) should verify the wetland and other jurisdictional water features at the study area. The impacts analyzed generally relate to one-time construction impacts but do not address potential operational impacts of the detention basins, such as sediment removal after large storm events and erosion impacts at the basin outlets. Impacts related to erosion control and site grading include placement of riprap as a proper mitigation effort. The installation of rock within jurisdictional features is considered a fill impact that has not been analyzed. The impacts associated with sediment removal are also unclear. Based on the memo provided by WEST Consultants, Inc. (Technical Memo), it appears that large portions of the existing banks and riparian habitat will be excavated out for a wider more uniform channel cross section. This appears to be a permanent loss of riparian habitat and could also result in more frequent sediment removal maintenance impacts to the reach as widened channels generally promote increased sediment fall out and aggregation. However, this potential impact was not included in the IS analysis. The Water Board requires impacts to be avoided and minimized to the maximum extent practicable before accepting compensatory mitigation, such as the options described in Mitigation Measure 13I0-1 and BI0-2. We recommend including an analysis of long-term basin operation impacts and main channel sediment removal impacts, to provide a basis for the development of project alternatives (see #3 25 Mr. Jason Beatty - 3 - September 26, 2018 Denman Reach Phase 4 Initial Study Alternatives) and/or additional mitigation measures that will address these impacts (see #4 Mitigation Measures). 3. Alternatives. For the Water Board to permit the proposed Project pursuant to CWA, Section 401, we require a project proponent to conduct an alternatives analysis consistent with the U.S. Environmental Protection Agency's 404(b)(1) Guidelines. The Water Quality Control Plan for the Basin Plan incorporates the 404(b)(1) Guidelines by -reference to determine the circumstances under which filling of wetlands, streams or other waters of the U.S, and/or the State may be permitted. In accordance with the Basin Plan, filling, dredging, excavating and discharging into a wetland or water of the state is prohibited unless the project meets the least environmentally damaging practicable alternative (LEDPA) standard as determined through the 404(b)(1) alternatives analysis. Although the LEDPA analysis is not required by CEQA, a project proponent may tailor the IS to fulfill both the CEQA and 404(b)(1) requirements to help expedite the Water Board's issuance of a 401 Certification and/or waste discharge requirements under Porter -Cologne. Accordingly, we recommend the City prepare and analyze alternatives in the IS that would meet the LEDPA standard to help expedite future Water Board actions, and avoid the potential need for a IS supplement or amendment. The Guidelines sequence the order in which proposals should be approached: 1) Avoid - avoid impacts to waters; 2) Minimize - modify project to minimize impacts to waters; and, 3) Compensate — once impacts have been fully minimized, compensate for unavoidable impacts to waters. When it is not possible to avoid impacts to water bodies, disturbance, should be minimized. Compensatory mitigation for lost water body acreage and functions through enhancement, restoration, and/or creation should only be considered after disturbance has been minimized. Where impacts cannot be avoided, the enhancement, restoration, and/or creation of adequate mitigation habitat to compensate for the loss of water body acreage, functions and values must be provided pursuant to the California Wetland Conservation Policy (also known as the "no net loss" policy; Executive Order W-59-93). The following are some of the items that the Water Board may require analyzed. within the Alternatives Analysis: A. No Action Alternative: The Project as proposed does not show a very clear and significant benefit to flooding in the area. An analysis of the flooding benefits compared to the overall project impacts to waters of the State is required to determine if the Project is practicable. B. Floodplain Bench Widening Alternative: The IS states that a widened floodplain bench alternative, instead of the two disconnected detention basins, was analyzed and then abandoned due to the resulted increase in flood elevation downstream shown through the modeling. To compare the impacts vs magnitude of benefits of this alternative and the chosen alternative, a review of the model 26 Mr. Jason Beatty - 4 - September 26, 2018 Denman Reach Phase 4 Initial Study and comparison of the output results for the 25- and 100 -year flood elevations would be required. C. Bridge Replacement Alternative: The Technical Memo states that the majority of the water surface reduction would result from the Corona Road sediment removal portion of the Project. Based on the preliminary review of provided photos and material, it appears that the bridge piers. across the channel could be resulting in a variety of impacts that cause sediment accumulation along this reach. Replacement with a full spanning bridge and removal of the instream piers may result in the same or better flood benefits while also providing a net benefit to habitat in the Petaluma River. Therefore, this alternative should be included in the analysis for the LEDPA D. Wetland Detention Basin Alternative: To minimize and/or potentially eliminated compensatory mitigation, a wetland forming detention basin design should be analyzed for the Project. The soil, groundwater, and hydrologic characteristics of the site should be evaluated to determine if the site could sustainably provide wetland habitat. The detention basin should be evaluated to determine a design that will result in the least amount of maintenance requirements, such as sediment excavation after large storm events. With wetland vegetation'plantings and a monitoring plan to verify wetland establishment success, this could be counted as mitigation for impacts existing seasonal wetlands. E. Alternative Detdntion Locations: To ensure the Project provides the maximum amount of flood risk reduction and habitat benefits within the watershed, an analysis of alternate locations where detention or floodplain bench widening could occur should be performed. If there are other locations that would result in amore significant flood reduction than the current basin location (individually or in some combination), they should be included in the analysis for the. LEDPA. For example, to the west of the western study area where 30 percent plans propose wetland restoration for compensatory mitigation, an evaluation of widening the floodplain. bench at that location to detain higher frequency storm event flows and mitigate the increases in flood elevation at the 25 -year storm should be considered. F. Fill Impacts: The Water Board shall require an analysis of the areas of permanent impacts associated with soil and/or rock installation, and riparian tree removal, for opportunities of avoidance and minimization of impact to waters of the State. We will require more habitat friendly biotechnical solutions to be evaluated where appropriate with the integration of native riparian plants and trees. 4. Mitigation Measures. This letter outlined additional impacts that the Water Board believes should be analyzed in the IS in comment 2. We recommend evaluating the following mitigation measures to be included in the Mitigated Negative Declaration to avoid and minimize impacts to less than significant levels. 27 Mr. Jason Beatty - 5 - Denman Reach Phase 4 Initial Study September 26, 2018 a. Mitigation for Operational Impacts: The development of the detention basin design will include an evaluation of alternative layouts and design components to determine the most sustainable design that results in the least amount of maintenance post -project after design storm events. Please note that a wetland detention basin design could minimize maintenance requirements. b. Mitigation for Fill Impacts: Any soil and rock fill proposed to be installed within Water Board jurisdiction will include an evaluation of biotechnical methods and habitat enhancement features to be incorporated in order to avoid and minimize impacts of hardened structures. All rock must be demonstrated to be necessary and appropriately sized through a hydraulic analysis performed by a qualified professional. If biotechnical methods and habitat enhancement features are demonstrated to be infeasible, mitigation will be required at a 1.5:1 ratio at a minimum. c. Mitigation for Sediment Removal: Impacts on the Petaluma River sediment transport processes and hydraulics resulting from sediment removal along this reach will be avoided and minimized to the maximum extend through the use of geomorphic dredging methods to mimic natural conditions of channel equilibrium to the maximum extent possible for a more sustainable Project and minimize future sediment removal maintenance. d. Mitigation for Temporary Disturbance Impacts: Temporary impacts on the Petaluma River and seasonal wetlands within the Study Area will be avoided and minimized to the maximum extent practicable. Any areas with unavoidable temporary impacts will be mitigated at a 1.5:1 -ratio at a minimum, with the 1:1 relating to on-site restoration and 0.5 of additional mitigation to compensate for temporal losses. We welcome the opportunity to provide additional comments on a draft MND when it is available for review. If you have any questions about our comments please contact Nicole Fairley of my staff at nicole.fairley(a)waterboards.ca.gov or (510) 622-2424. Sincerely, Digitally signed by Nicole Fairley Date: 2018.09.26 16:41:42 -07'00' Nicole Fairley Water Resource Control Eng. Cc: CDFW: James Hasen, James, Hansen(a),wildlife. ca.gov Corps, SF Regulatory Branch, 28 Mr. Jason Beatty - 6 - September 26, 2018 Denman Reach Phase 4 Initial Study Holly Costa, Holly. a.Costa(a-),usace.army.miI NMFS, Gary Stern, Gary. Stern(a,)noaa.gov U.S. EPA, Jennifer Siu, Siu.Jennifer(a)-epa.gov City of Petaluma, Tim Moresco, TMORESCO(a)-ci.petaluma.ca.us State Clearinghouse, State.Clearinghouse(),opr.ca.gov 29 Moresco, Tim From: Samuel Baumgardner <Samuel.Baumgardner@sonoma-county.org> Sent: Monday, September 24, 2018 4:42 PM To: Moresco, Tim Cc: Beatty. Jason; Janice Thompson; Johannes Hoevertsz Subject: RE: Denman Reach Phase 4 Initial Study ---Warning: Use caution before clicking any attachments. THIS EMAIL IS FROM OUTSIDE OUR EMAIL SYSTEM.— Tim, Thanks again for reaching out to me. I've taken a look at the information provided. I've had to skim quite a bit, and It appears that that majority of the information is pertaining to the environmental impacts of the project. It appears the section that addresses the bridge and channel is near the end, starting on PDF page 129, with the memo issued by,West Consulting. The changes underneath the bridge are described by Figure 4 of the memo. Please let me know if I've missed any pertinent details or if my understanding is incorrect. It does appear to me that this project could impact the structural integrity of the Corona Ave Bridge over Petaluma River (Bridge No. 200O299). Whether the impact would be negative or positive is not obvious. The primary concern is whether or not that changes would increase the scour potential at the piers and abutments of the bridge. Your hydraulic engineer should be able to comment on whether the scour potential would be negatively impacted. I would like to see the response from your hydraulic engineer. Additionally, the bridge has already experienced some has been scour beneath one of the abutments. Establishing the channel section effectively underneath the bridge could be difficult, as It won't be possible to compact the soil underneath the abutment where it has scoured. In this case a concrete backfill mix is generally employed (similar to what is done for large underground pipes). I think the City might be required to seek a permit from Permit Sonoma, but I am not certain. I will discuss it up the chain and get back to you. Please let me know if you have any questions. Thanks, Samuel Baumgardner, PE Senior Engineer County of Sonoma Department of Transportation & Public Works From: Moresco, Tim[mailto:TMORESCO@ci.petaluma.ca.us] Sent: Monday, September 17, 2018 3:11 PM To: Samuel Baumgardner <Samuel.Baumgardner@sonoma-county.org> Cc: Beatty. Jason <jbeatty@ci.petaluma.ca.us> Subject: RE: Denman Reach Phase 4 Initial Study Hi Samuel, I was hoping to have comments back by September 26, if possible. Do you think that would be adequate? Thanks, ITE Attachment 4 RESPONSE TO COMMENTS ON DENMAN REACH PHASE 4 PUBLIC DRAFT IS/MND This document provides a response to comments received on the Public Draft Initial Study/Mitigated Negative Declaration (IS/MND) that was prepared for the Denman Reach Phase 4 Project. In accordance with the California Environmental Quality Act (CEQA) of 1970 (as amended) (California Public Resources Code 21000 et. seq.), the Public Draft IS/MND was circulated for a 30 -day public review and comment period from August 27, 2018 to September 26, 2018. Notice of availability and notice of intent to adopt the IS/MND was mailed to property owners within 500 feet of the project site, published in the Argus Courier, posted to the City of Petaluma's (City) Website, and submitted to the State Clearinghouse for distribution to State Agencies. COMMENTS RECEIVED A number of written comments were received during the public review and comment period for the IS/MND. Comments were also received orally from one resident, who neighbors the project area. Agencies, organizations, and individuals that submitted written or oral comments on the IS/MND are listed below; comment letters received on the IS/MND are included in Appendix 1: Agencies 1. California State Clearinghouse 2. California Department of Transportation 3. San Francisco Regional Water Quality Control Board 4. Sonoma County Department of Public Works and Transportation Local Individuals 1. John Aguiar (orally via phone call) SUMMARY OF COMMENTS AND RESPONSES California State Clearinghouse The letter acknowledges that the City of Petaluma complied with the State Clearinghouse review requirements for review of draft environmental documents. The State Clearinghouse also Attachment IV - 1 Response to Comments On Denman Reach Phase 4 Public Draft IS/MND 31 forwarded a copy of the comment letter from the California Department of Transportation and San Francisco Regional Water Quality Control Board. No response is necessary. California Department of Transportation (Caltrans) The letter acknowledged project understanding and requested that within the Hydrology and Water Quality section of the MND Checklist, sections d (alter drainage pattern or increase runoff) and e (create or contribute runoff which would exceed the capacity of drainage systems) be addressed in more detail. These sections have been addressed with the following addition to the Discussion section of the Hydrology and Water Quality section: "The removal of the understory vegetation and grading efforts to be done within the river channel around Corona Bridge could cause a temporary increase in runoffpotential during construction, and an increase inflow levels downstream during a 25 year storm event. During construction, there will be an increase in runoffpotential along the river banks due to the removal of the understory vegetation, however, this will only be temporary until the new vegetation gets established which the City will install as part of the project. During a 100 year event the model shows the project will result in a reduction in water surface elevation upstream and downstream of the bridge. For the 25 year event the model shows a slight increase in water surface elevation downstream of Corona Road at the Corona Creek confluence gradually increasing to a maximum increase of 0. 09feet near the constriction weir, and then decreasing again from that point down zero increase near Adobe Creek. There are no structures in the 100 year flood plain near the constriction weir and, thus, no structures would be affected by this 0. 09feet rise in a 25 year event in this area. Other features that will either not impact drainage patterns or will have minimal effect are features such as the detention basins spillways, due to the location at being near the top of the bank, along with the loop trail around the basins. The riprap to be installed along the abutments of the Corona Road Bridge will have minimal impact to the drainage patterns and should not increase runoff, especially considering the bridge will provide cover to prevent runofffrom occurring. The goal of this project is to decrease the water su7face elevation and flood plain area for the 100 year event by detaining waterpeakflows within the detention basins, reducingflow constraints, and scour of abutments at the Corona Road bridge. " San Francisco Regional Water Quality Control Board (Water Board) The letter listed how the project described in the Initial Study does not provide a level of clarity needed to appropriately analyze the impacts versus benefits. To provide clarity, the Water Board asked the City to describe, in more detail, the benefits this project will provide to the 100 -year flood map, in terms of infrastructure and buildings. By referring to sheet 1 of 3 in WEST Consultant Inc.'s memo, the green hatch represents the areas of 100 -year flooding that will be removed due to this project. From this diagram, several nearby parcels will see a significant Attachment IV - 2 Response to Comments On Denman Reach Phase 4 Public Draft IS/MND 101 amount of flood plain reduction, although none are completely taken out of the 100 -year flood zone. The note also asks the City to provide a figure depicting the increase in flooding that will result from the project during a 25 -year storm. Based on the model results shown in Table 2 of the Memo provided by WEST Consultants, Inc., the largest downstream increase from this project during a 25 -year storm is 0.09 feet, which equates to 1.08 inches near the constriction weir. A graphic depiction of this minor impact wouldn't be relevant as it is within the margin of error introduced in the mapping process. Additionally, there are no structures in the 100 -year flood plain in this area, thus there would be no affected structures by a slight increase in the 25 -year event. The Water Board also requested that the City provide a technical basis for the sediment excavation and new cross sections, as well as, describe, in further detail, the purpose and benefits of the sediment removal. The basis for this work is to reduce flow restriction and scour of the abutments at the Corona Road Bridge. The City has designed the new channel cross section to mimic the original cross section that was created at the bridge's installation, which can be seen in Attachment V. Based on review of project plans and documents of the original Corona Road Bridge design, the river alignment upstream of the bridge was a wide, straight channel. In the existing conditions, the river channel is aligned in such a way that high flows are directed to the northern abutment of Corona Road Bridge. This which has most likely been caused by bank, erosion over time that was a catalyst of the buildup of sediment and vegetation. This project proposes to create a straighter, wider, and more uniform channel for higher flows and a narrower low flow channel at the Corona Road Bridge returning river channel to its original cross section design so that it is less likely for sediment and vegetation debris to accumulate and cause a reduction in the flood conveyance capacity. To prevent future bank erosion, proper bank stabilization will be installed as part of the project in the form of proper compaction and revegetation. Certain geomorphic dredging methods, such as excavating a low flow channel with low floodplain benches, have also been considered into the design of the channel cross section to address the warmer months when the river flows are considerably less. With this future sediment removal activities are expected to be avoided. Based on the model, the Project will decrease flood levels up to 0.71 feet (8.5 inches) for the 25 - year storm and 0.9 feet (-11 inches) for the 100 -year storm around the Corona Road Bridge and Industrial Avenue Business Park, with only minimal negative downstream impacts (-1.08 inches) during the 25 -year storm event and no negative downstream effects during a 100 -year storm event. The Water Board stated that the impacts, such as installation of rock within jurisdictional features, are considered fill impacts and were not analyzed in the Initial Study, as well as, the permanent loss of riparian habitat from the removal of large portions of the existing banks. The mitigation measure "GE04" has been added to the Geology and Soils section of the CEQA Checklist to address the impacts from the installation of rocks or soils within jurisdictional features. Mitigation Attachment IV - 3 Response to Comments On Denman Reach Phase 4 Public Draft IS/MND 33 Measure, 13I0-1: Impacts to waters of the United States, and Waters of the State, also addresses filling of any jurisdictional feature. The impacts to the riparian vegetation were addressed in the Mitigation Measure, BI0-2: Impacts to Riparian Vegetation. Due to the Water Board stating that they require impacts to be avoided and minimized to the maximum extent practicable before accepting compensatory mitigation, an Alternatives Analysis was added to the CEQA Environmental Checklist after the Project Description to demonstrate that the City has taken the proper steps to avoid and minimize the impacts to the biological habitat. The Water Board listed several alternatives that they may require to be analyzed within the Alternative Analysis. As mentioned above, the Alternatives Analysis has been added to the CEQA Environmental Checklist after the Project Description. The Water Board recommended to the City to evaluate the following mitigation measures to be included into the Mitigated Negative Declaration. Mitigation for Operational Impacts in reference to the post -project maintenance of the detention basins. Prior to deciding on the current design layout of the detention basins, the City analyzed different project options and potential alternate locations to determine the most sustainable design. These alternate options have been inserted into the Alternative Analysis section (page 3 of the IS/MND). Typical maintenance of the basins will include semi-annual site mowing to maintain the proper functionality of the basins, and possibly sediment removal after large flood events. Due to limited amount of funding for Parks Maintenance, the City feels that it will be difficult to maintain the wetland detention basin design, as it would require extra care to monitor that both the wetland and detention basin are both functioning as they should. Mitigation for Fill Impacts has been addressed by adding Mitigation Measure GE04 to the Geology and Soils section of the CEQA Environmental Checklist (page 15 of the IS/MND), and it reads as follows: GEO-4: Any soil or rock fill to be installed within Water Board jurisdiction will include an evaluation of biotechnical methods and habitat enhancement features to be incorporated in order to avoid and minimize impacts of hardened structures. All rock must be demonstrated to be necessary and appropriately sized through a hydraulic analysis performed by a qualified professional. If biotechnical methods and habitat enhancement features are demonstrated to be infeasible, mitigation will be required at a 1.5:1 ratio at a minimum. Mitigation for Sediment Removal have been identified in the Geology and Soils section of the CEQA Environmental Checklist. The City has designed the channel section so that it returns the channel to its original design capacity when the Corona Road Bridge was Attachment IV - 4 Response to Comments On Denman Reach Phase 4 Public Draft ISAIND 34 constructed with 'some geomorphic dredging methods, such as excavating a low flow channel and leaving low floodplain benches, being implemented into the design in order to minimize future sediment buildup. As the Geology and Soils section discusses, the channel banks will be installed in a stable condition and will not exceed 2 to 1 slopes. This project will create a straighter, wider, and more uniform channel for high flows and a low flow channel so that it will be less likely for the sediment and vegetation debris to accumulate. Mitigation for Temporary Disturbance Impacts have been discussed in Mitigation Measures 13I0-1, "Impacts to Waters of the United States, and Waters of the State" and BI0-2, "Impacts to Riparian Vegetation." Sonoma County Department of Public Works and Transportation The email details some concerns over the impacts that the project will have on the structural integrity of the Corona Road Bridge over Petaluma River (Bridge No. 200O299) and whether or not the changes would increase the scour potential at the piers and abutments of the bridge. WEST Consultant Inc. performed scour calculations and described them in their revised analysis. The analysis found that under current conditions, pier scour is calculated to be 7.1 feet and under the proposed conditions, the pier scour would be reduced to 6.0 feet. The email also expresses concern regarding the preexisting scour at the abutments. To reduce the risk of future scouring from occurring, riprap is planned to be installed along and around the bridge abutments and will follow the mitigation measure GEO-4 of the Geology and Soils Section. Mr. John Aguiar (Phone Call) Mr. Aguiar inquired about the location of the detention basins, in which the City detailed the location of APN 007-412-033. He also asked what the City plans to do with the soil removed. As the IS mentions, the soil will be off -hauled to an acceptable site. Mr. Aguiar also expressed concern that the sediment removal under the bridge will increase the flood levels in the Downtown/Payran Area. The City has modeled the proposed project with the sediment removed and has found that the water surface elevations are reduced through the Downtown/Payran Area during the 100 -year event. Modeling showed for the 25 -year event slight increase in water surface elevation downstream of Corona Road at the Corona Creek confluence gradually increasing to a maximum increase of 0.09 feet near the constriction weir, and then decreasing again from that point down zero increase near Adobe Creek. Any new additions to the IS/MND, as they have been discussed above, will be indicated in underline in the Initial Study Document. Attachment IV - 5 Response to Comments On Denman Reach Phase 4 Public Draft ISNIND 35 CONCLUSION AND STAFF RECOMMENDATION After carefully reviewing the comments on the Initial Study and proposed Mitigated Negative Declaration, the City of Petaluma believes that the environmental document has sufficiently addressed the potential environmental impacts of the proposed Project and does not meet any of the conditions under CEQA Section 15073.5. Therefore, the recirculation of a revised IS/MND or the preparation of an Environmental Impact Report (EIR) is not required. Consistent with the CEQA Guidelines, the added information clarifies the information and analyses in the IS/MND. The City of Petaluma will consider the updates to the Manual and IS/MND, together with this Response to Comments document, prior to adopting the IS/MND. Attaclunent IV - 6 Response to Comments On Denman Reach Phase 4 Public Draft IS/MND I