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HomeMy WebLinkAboutResolution 2022-134 N.C.S. 08/08/2022Attachment 1 Resolution No. 2022-134 N.C.S. Page 1 Resolution No. 2022-134 N.C.S. of the City of Petaluma, California CERTIFYING THE WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS ENVIRONMENTAL IMPACT REPORT OUTFALL RELOCATION ADDENDUM, APPROVING THE PROJECT, AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, the City of Petaluma currently operates the Ellis Creek Water Recycling Facility (ECWRF); and WHEREAS, the Water Recycling Facility and River Access Improvements Project Final Environmental Impact Report (EIR), which included the development of the ECWRF (State Clearinghouse #2001052089) was certified on August 5, 2002, by the City Council as Resolution No. 2002-135, with addenda prepared in 2004, 2005, 2006, 2007, and twice in 2016; and WHEREAS, subsequent to EIR certification, the Water Recycling Facility and River Access Improvements Project was approved, which included maintenance of but not the relocation of the outfall; and WHEREAS, the proposed new outfall location is within the footprint of the approved project as analyzed in the 2002 certified EIR; and WHEREAS, the footprint of the relocated outfall would be smaller than the existing outfall, with no changes in the discharge volume or discharge season being proposed; and WHEREAS, on May 12, 2021, the California Regional Water Quality Control Board San Francisco Bay Region approved NPDES Permit CA0037810, which includes discharging at the new location; and WHEREAS, the change to the original project is evaluated in the Outfall Relocation EIR Addendum dated June 2022; and WHEREAS, although the City Council is not required to certify the Outfall Relocation EIR Addendum, it is consistent with the certifications of previous addenda to do so; and WHEREAS, Resolution No. 2002-136 made certain findings of fact and statement of overriding considerations as required under the California Environmental Quality Act (“CEQA”) and adopted a Mitigation Monitoring Program for the project; and WHEREAS, on June 7, 2004, the City Council, by Resolution No. 2004-101, re-certified the Water Recycling Facility and River Access Improvements Project Final Environmental Impact Report Addendum, and Adopted Findings and Statement of Overriding Considerations, and Adopted Revised Mitigation Monitoring Program; and WHEREAS, on August 1, 2005, the City Council, by Resolution No. 2005-130, certified the Water Recycling Facility and River Access Improvements EIR 2005 Construction Addendum, approved revisions to the project, made findings of fact, and adopted a revised Mitigation Monitoring Program; and WHEREAS, on April 3, 2006, the City Council, by Resolution No. 2006-057 certified the Water Recycling Facility and River Access Improvements EIR February 2006 Construction Addendum, approved the project revisions, and adopted findings of fact; and DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 Resolution No. 2022-134 N.C.S. Page 2 WHEREAS, on May 7, 2007, the City Council, by Resolution No. 2007-080 certified the Water Recycling Facility and River Access Improvements EIR April 2007 Addendum, approved the revisions to the project, and made findings of fact; and WHEREAS, on January 4, 2016, the City Council, by Resolution No. 2016-007 certified the Water Recycling Facility and River Access Improvements EIR 2015 Biomass-to Biofuel Addendum, approved the revisions to the project, and made findings of fact; and WHEREAS, on June 6, 2016, the City Council, by Resolution No. 2016-089 certified the Water Recycling Facility and River Access Improvements EIR 2015 Bridge Relocation Addendum, approved the revisions to the project, and made findings of fact; and WHEREAS, under California Environmental Quality Act (CEQA) Guidelines section 15164, a lead agency may prepare an addendum to a previously certified EIR to analyze changes in a project, or in circumstances surrounding a project, where the record indicates that a supplemental or subsequent EIR or negative declaration is not required; and WHEREAS, the City Council has considered the Outfall Relocation EIR Addendum, attached hereto as Exhibit A, and together with the previously Certified EIR; and WHEREAS, there is sufficient funding for the project in Wastewater Enterprise funds; and WHEREAS, the City Council authorized a project budget in the amount of $1,826,000 for the fiscal year 2023 and a total project estimate of $2,429,000 as part of the Fiscal Year 2023 Adopted Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. Findings: Based upon the substantial evidence set forth in the record, the City Council makes the following findings: a. The foregoing recitals are true and correct and incorporated by reference. b. Pursuant to CEQA Guidelines 15164(b) and (e), no further environmental review is warranted because: i. no new significant environmental impacts would occur due to the proposed Project modifications; and ii. No substantially more severe significant environmental impacts would occur due to the proposed Project modifications. c. Therefore, there are no conditions warranting further environmental review. d. The Outfall Relocation EIR Addendum represents the independent judgment and analysis of the City Council. 2. Determines that the Outfall Relocation EIR Addendum is the appropriate CEQA documentation for the project as modified. 3. Certifies the Outfall Relocation EIR Addendum. 4. The documents, which constitute the record of proceedings upon which this Resolution is based, are available for review at the City Clerk’s office during normal business hours. 5. Approves the outfall as described in the Outfall Relocation EIR Addendum to the Water Recycling Facility and River Access Improvements EIR. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 Resolution No. 2022-134 N.C.S. Page 3 6. Adopts the Mitigation Monitoring Program attached as Exhibit B to this resolution. 7. Directs staff to file a Notice of Determination with the County Clerk. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 8th day of August 2022, by the following vote: Approved as to form: __________________________ City Attorney AYES: Mayor Barrett, Vice Mayor Pocekay, Barnacle, Fischer, Healy, King, McDonnell NOES: ABSENT: ABSTAIN: ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City ofCity of Petaluma, CaliforniaPetaluma, California FACILITY AND RIVER ACCESSFACILITY AND RIVER ACCESS IMPROVEMENTSIMPROVEMENTS Environmental Impact ReportEnvironmental Impact Report Outfall Relocation AddendumOutfall Relocation Addendum State Clearing House #2001052089State Clearing House #2001052089 June 2022June 2022 Exhibit A to Resolution DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 CITY OF PETALUMA, CALIFORNIA WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS ENVIRONMENTAL IMPACT REPORT OUTFALL RELOCATION ADDENDUM June 30, 2022 Prepared by the City of Petaluma in Collaboration with GHD DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page TOC-1 June 2022 Outfall Relocation Addendum 8411271 Table of Contents 1 INTRODUCTION AND SUMMARY ........................................................................................................ 1 2 PROJECT DESCRIPTION ...................................................................................................................... 12 3 MITIGATION MONITORING PROGRAM REVISIONS ................................................................... 18 4 ENVIRONMENTAL ANALYSIS ............................................................................................................ 21 5 ALTERNATIVES TO THE PROPOSED PROJECT ............................................................................ 26 6 CEQA-REQUIRED SECTIONS .............................................................................................................. 26 7 PREPARERS .............................................................................................................................................. 27 DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 1 June 2022 Outfall Relocation Addendum 11152197 1 INTRODUCTION AND SUMMARY BACKGROUND The City of Petaluma currently operates the Ellis Creek Water Recycling Facility (ECWR Facility). An Environmental Impact Report (EIR) for the Ellis Creek Water Recycling Facility (titled the Water Recycling Facility and River Access Improvements EIR – State Clearinghouse #2001052089) was certified by the City of Petaluma in 2002, with addenda prepared in 2004, 2005, 2006, 2007, and twice in 2016. Subsequent to EIR Certification, the City approved the Water Recycling Facility and River Access Improvements Project (Project). The approved Project included maintenance to the existing Petaluma River Outfall structure but did not consider relocating the outfall. The proposed new outfall location is within the footprint of the approved Project as analyzed in the 2002 Certified EIR. The footprint of the relocated outfall would be smaller than the existing outfall. No changes in discharge volume or discharge season are proposed. On May 12, 2021, the California Regional Water Quality Control Board San Francisco Bay Region approved the City’s NPDES Permit CA0037810, which includes discharging at the new location. This minor change to the original Project is evaluated in this Outfall Relocation EIR Addendum. The existing outfall pipe extends approximately 3,100 linear feet through a tidal marsh, from the ECWR Facility to the Petaluma River. The City is authorized to discharge secondary-treated municipal wastewater effluent to the Petaluma River during the discharge season of October 21st through April 30th of each year. The existing 42-inch-diameter outfall pipe has a capacity to discharge up to 14 million gallons per day (MGD). Average daily discharge since 2016 has been approximately 7.0 MGD; the maximum discharge rate recorded over that time period was 13.9 MGD. During a September 2016 inspection, the City discovered longitudinal cracks along the top and bottom of the pipe, separating pipe joints, and sections of pipe that have been flattened into an oval shape. An emergency contingency outfall bypass was installed in an unnamed tidal slough in the southern corner of the existing ECWR Facility in 2017 but has not been used except for testing. To address the structural integrity issue, the City is proposing to relocate and construct a new outfall pipeline and outfall structure, directing discharge near the same location as the emergency outfall (see Figure 3). This Addendum amends the original Water Recycling Facility and River Access Improvements EIR. Six prior Addenda to the 2002 Certified EIR have previously been adopted. The first four EIR Addenda evaluated changes in design prior to the ECWR Facility being complete. The fifth EIR Addendum evaluated the addition of Biofuel to Biomass infrastructure to the ECWR Facility, and the sixth EIR Addendum analyzed the relocation of a previously proposed bridge that had never been constructed. This EIR Addendum concludes that the relocation of the outfall does not result in new significant impacts and does not cause substantially more severe significant impacts relative to the impacts previously disclosed in the Water Recycling Facility and River Access Improvements EIR. Thus, an Addendum is the appropriate level of CEQA analysis and the appropriate method of amending the 2002 Certified EIR, pursuant to Sections 15162 and 15164 of the Guidelines implementing the California Environmental Quality Act (CEQA). PUBLIC AND AGENCY COMMENTS This EIR Addendum is available for review at the Petaluma Public Works & Utilities Office located at 202 N. McDowell Boulevard, on the City’s Capital Improvements Program web page, and will be submitted to the State Clearinghouse. The EIR Addendum is tentatively scheduled for consideration at the Petaluma City Council meeting to be held on Monday, August 1, 2022, at 7:00 pm. Written comments should be mailed or emailed to: DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 2 June 2022 Outfall Relocation Addendum 11152197 City of Petaluma 202 North McDowell Boulevard Petaluma, CA 94954 jminshall@cityofpetaluma.org Attention: Josh Minshall ORGANIZATION OF THE ADDENDUM The EIR Addendum is organized in a similar fashion to the 2002 Certified EIR. • This Introduction and Summary Chapter includes Table 1-1, a summary of potential significant impacts and mitigation measures associated with the approved Project and the proposed revisions. • Chapter 2 contains a detailed description of the proposed modifications to the Project Description. • Chapter 3 presents the revisions to the Mitigation Monitoring Program. • Chapter 4 presents the changes to the environmental analysis due to the proposed revisions. • Chapter 5 updates the Alternatives chapter. • Chapter 6 updates the CEQA Issues chapter. • Chapter 7 presents the preparers of this Addendum. APPLICABILITY AND USE OF AN ADDENDUM As directed by CEQA, California Public Resources Code Section 21166, and CEQA Guidelines Section 15162, when an EIR has been prepared for a project, no subsequent EIR shall be prepared, unless one or more of the following circumstances occur: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 3 June 2022 Outfall Relocation Addendum 11152197 The change in environmental impacts due to proposed changes in the Project or changed conditions has been evaluated and measured against the standards set forth in paragraphs 1, 2, and 3 above to determine whether an Addendum is appropriate or a subsequent EIR is needed. The environmental analysis in Chapter 4 provides the detailed examination of each of these issues. The conclusion is that none of the circumstances which might require a subsequent or supplemental EIR has occurred, and that an Addendum is, therefore, appropriate. This Addendum should be read together with the full text of the 2002 Certified Petaluma Water Recycling Facility and River Access Improvements EIR. Even though modifications to the approved Project are minor, the modifications have been subjected to a detailed analytical process consistent with the methodology and thresholds of significance applied in the 2002 Certified EIR. Section 15164 of the Guidelines implementing the California Environmental Quality Act (“CEQA”) provides that an Addendum is the appropriate level of CEQA analysis when the circumstances defined in Section 15162 calling for preparation of a Subsequent EIR do not occur. As noted above, none of the circumstances that require a Subsequent EIR are present. Thus, an Addendum is the appropriate level of CEQA analysis and the appropriate method of amending the 2002 Certified EIR. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS There are no new significant unavoidable environmental impacts as a result of the proposed revisions to the approved Project. The one significant unavoidable impact from the previously approved Project remains: • Impact AG-1: Loss of approximately 149 acres of farmland on Parcels A and B When the project was approved in August of 2002, a statement of overriding considerations was adopted, explaining the City’s reasons for approving the Project despite the significant impact on farmland. IMPACT AND MITIGATION SUMMARY No new significant impacts have been identified as a result of this Addendum, and therefore, no new mitigation measures have been developed. Table 1 provides a summary of the impacts and mitigation measures that were identified in the 2002 Certified EIR for the approved project and those identified for the proposed Outfall Relocation Project. The impacts and mitigation measures remain the same. The impacts and mitigation measures are identified in one of three categories: • Significant - Impact is significant before mitigation; some of these significant impacts can be mitigated to a less than significant level, but others remain significant after mitigation. • Less than Significant - Impact is not considered significant and no mitigation is required. • No Impact - The project has no effect on the resource described in the criterion. Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation 1. Land Use LU-1. Will the project be inconsistent with the land use plan map of an adopted General Plan? Less than Significant No Impact No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 4 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation LU-2. Will the project be inconsistent with zoning? Less than Significant No Impact No mitigation is necessary. LU-3. Will the project be an incompatible land use type in the MRZ-2 classification or in a designated quarry area? No Impact No Impact No mitigation is necessary. LU-4. Will the project introduce inappropriate uses in a Community Separator? No Impact No Impact No mitigation is necessary. LU-5. Will the project increase potential for conflict as a result of incompatible land uses? Less than Significant No Impact No mitigation is necessary. LU-6. Will the project convert non-urban land to urban uses for Project facilities? Less than Significant No Impact No mitigation is necessary. LU-7. Will the project convert public open space for Project facilities? No Impact No Impact No mitigation is necessary. LU-8. Will the project result in loss of homes due to construction of facilities? Less than Significant No Impact No mitigation is necessary. LU-C1: Will the project have a cumulative potential to disturb land uses? Less than Significant No Impact No mitigation is necessary. 2. Agriculture AG-1. Will the project cause loss of farmland? Significant No Impact No mitigation is necessary. AG-2. Will the project cause Williamson Act contracts to be canceled? No Impact No Impact No mitigation is necessary. AG-3. Will the project cause damage to adjacent vineyards by increasing glassy-winged sharpshooter populations? Less than Significant Less than Significant No mitigation is necessary. AG-C1. Will the project have cumulative impacts to agriculture? Significant No Impact No mitigation is necessary. 3. Geology, Soils, and Seismicity GS-1. Will project facilities be located within an area of unstable slope conditions? Less than Significant Less than Significant No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 5 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation GS-2. Will project facilities be subject to ground rupture due to location near a surface trace of an active fault? Less than Significant Less than Significant No mitigation is necessary. GS-3. Will project facilities be located in areas with soils and groundwater conditions that are susceptible to liquefaction during an earthquake? Less than Significant Less than Significant No mitigation is necessary. GS-4. Will earthquake-induced strong ground shaking damage project facilities? Less than Significant Less than Significant No mitigation is necessary. GS-5. Will construction of the project cause off-site water-related erosion? Less than Significant Less than Significant No mitigation is necessary. GS-6. Will project facilities be exposed to damage due to expansive soils? Less than Significant Less than Significant No mitigation is necessary. GS-7. Will project facilities be exposed to damage due to construction on corrosive soils? Less than Significant Less than Significant No mitigation is necessary. GS-C1: Will the project have a cumulative potential for geologic or seismic impacts? Less than Significant No Impact No mitigation is necessary. 4. Groundwater GW-1. Will the project degrade groundwater quality at existing drinking water wells, resulting in a public health hazard? Less than Significant after Mitigation No Impact No mitigation is necessary. GW-2. Will the project cause groundwater mounding or increase groundwater levels that cause surface discharge in a non-stream environment? Less than Significant No Impact No mitigation is necessary. GW-3. Will the project lower groundwater levels at existing wells? No Impact No Impact No mitigation is necessary. GW-C1: Will the project have a potential for cumulative groundwater impacts? Less than Significant No Impact No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 6 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation 5. Surface Water Quality WQ-1. Will the project discharge cause numeric-based criteria to be exceeded? Less than Significant after Mitigation No Impact No mitigation is necessary. WQ-2. Will the project cause narrative-based criteria to be exceeded. Less than Significant after Mitigation No Impact No mitigation is necessary. WQ-3: Will project construction result in a substantial degradation of surface runoff quality? Less than Significant Less than Significant No mitigation is necessary. WQ-C1: Will the project have a cumulative potential to cause numeric or narrative-based criteria to be exceeded? Less than Significant Less than Significant No mitigation is necessary. 6. Hydrology H-1. Will the project discharge cause flooding anywhere along the Petaluma River? Less than Significant No Impact No mitigation is necessary. H-2. Will the project discharge cause streambank erosion in the Petaluma River? Less than Significant No Impact No mitigation is necessary. H-3. Will non-discharge project components cause flooding? Less than Significant No Impact No mitigation is necessary. H-4. Will non-discharge project components cause streambank erosion? Less than Significant No Impact No mitigation is necessary. H-C1: Will the project have a cumulative potential to cause flooding or erosion? Less than Significant No Impact No mitigation is necessary. 7. Public Health and Safety PHS-1. Will the project expose the public to chemicals, radionuclides, pathogenic viruses, bacteria, or other disease organisms at concentrations detrimental to human health? Less than Significant No Impact No mitigation is necessary. PHS-2. Will the project expose workers or the public to hazards from a known hazardous waste site? Less than Significant No Impact No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 7 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation PHS-3. Will the project increase potential exposure of the public to hazardous materials due to a chemical release? Less than Significant No Impact No mitigation is necessary. PHS-4. Will the project expose the public to safety hazards associated with operation of heavy machinery, vehicles, or equipment; or creation of accessible excavations (trenches, pits, or borings); or creation of an accessible open body of water? Less than Significant No Impact No mitigation is necessary. PHS-5. Will the project increase the potential exposure of the public to disease vectors (i.e., mosquitoes)? Less than Significant No Impact No mitigation is necessary. PHS-C1: Will the project have a cumulative impact on public health and safety? Less than Significant No Impact No mitigation is necessary. 8. Biological Resources BIO-1. Will the project cause loss of individuals or occupied habitat of endangered, threatened, or rare fish, wildlife or plant species? Less than Significant after Mitigation Less than Significant after Mitigation BIO-1a. Special-status Species Protection Program. BIO-1b Rare, Threatened and Endangered Plant Protection Program BIO-2. Will the project cause loss of active raptor nest, migratory bird nests, or wildlife nursery sites? Less than Significant after Mitigation Less than Significant after Mitigation BIO-2a. Active Raptor and Migratory Bird Nest Protection Program. BIO-3. Will the project cause permanent loss of sensitive wildlife habitat? Less than Significant Less than Significant No mitigation is necessary. BIO-4. Will the project cause permanent loss of sensitive native plant communities? Less than Significant after Mitigation Less than Significant No mitigation is necessary. BIO-5. Will the project substantially block or disrupt major fish or wildlife migration or travel corridors? Less than Significant after Mitigation Less than Significant No mitigation is necessary. BIO-6. Will the project cause permanent loss of aquatic habitat (i.e., streams)? Less than Significant after Mitigation Less than Significant No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 8 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation BIO-7. Will the project destroy wetlands or other waters of the U.S.? Less than Significant after Mitigation Less than Significant No mitigation is necessary. BIO-8. Will the project expose organisms to hazardous levels of toxic or bioaccumulatory substances? Less than Significant after Mitigation No Impact No mitigation is necessary. BIO-C1. Will the project have cumulative impacts to biological resources? Less than Significant Less than Significant No mitigation is necessary. 9. Traffic and Circulation TR-1. Will project traffic cause congestion along study area roadways? Less than Significant after Mitigation No Impact No mitigation is necessary. TR-2. Will lane closures due to project construction cause traffic delays, transit delays, restricted access, increased traffic hazards, and rerouting of traffic, including emergency vehicles? Less than Significant No Impact No mitigation is necessary. TR-3. Will project construction traffic increase traffic hazards to motor vehicles, bicyclists, or pedestrians? Less than Significant Less than Significant No mitigation is necessary. TR-4. Will project construction traffic damage public or private roadbeds? Less than Significant Less than Significant No mitigation is necessary. TR-5. Will there be inadequate parking for project activities? Less than Significant No Impact No mitigation is necessary. TR-6. Will project construction activities result in heavy vehicles on roadways not designated or suitable as truck routes? Less than Significant Less than Significant No mitigation is necessary. TR-C1: Will there be traffic congestion along study area roadways during the cumulative conditions? Less than Significant Less than Significant No mitigation is necessary. 10. Air Quality AQ-1. Will construction of the Project generate emissions that expose people to high levels of dust and equipment exhaust? Less than Significant Less than Significant No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 9 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation AQ-2. Will project emissions cumulatively exceed allowable limits? Less than Significant Less than Significant No mitigation is necessary. AQ-3. Will the project expose sensitive receptors to substantial levels of toxic air contaminants? Less than Significant Less than Significant No mitigation is necessary. AQ-4. Will project violate or contribute to violation of ambient air quality standard? Less than Significant Less than Significant No mitigation is necessary. AQ-5. Will the project cause potential odors? Less than Significant Less than Significant No mitigation is necessary. AQ-C1: Will the project have the potential to have a cumulative impact to air quality? Less than Significant Less than Significant No mitigation is necessary. 11. Noise N-1: Will construction of the Project expose the public to high noise levels? Less than Significant Less than Significant No mitigation is necessary. N-2. Will construction of the Project cause high noise levels from construction traffic? Less than Significant Less than Significant No mitigation is necessary. N-3: Will operation and maintenance of the project expose the public to high noise levels? Less than Significant Less than Significant No mitigation is necessary. N-C1: Will the project have a cumulative potential to disturb noise-sensitive receptors during or after construction? Less than Significant Less than Significant No mitigation is necessary. 12. Cultural Resources CR-1. Will the project disturb known, potentially-eligible National or California Register properties, including archaeological, historical, architectural, and Native American/ traditional heritage resources? Less than Significant No Impact No mitigation is necessary. CR-2. Will the project disturb unknown archaeological resources? Less than Significant Less than Significant No mitigation is necessary. CR-C1: Will the project have a cumulative potential to disturb historical or cultural resources? Less than Significant Less than Significant No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 10 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation 13. Visual Resources VR-1. Will the project be inconsistent with the Sonoma County Open Space Element regarding Community Separators seen from public viewpoints? No impact No impact No mitigation is necessary. VR-2. Will the project be inconsistent with the Sonoma County Open Space Element regarding Scenic Landscape Units seen from public viewpoints? No impact No Impact No mitigation is necessary. VR-3. Will the project be inconsistent with the Sonoma County Open Space Element regarding Scenic Corridors? Less than Significant No Impact No mitigation is necessary. VR-4. Will the project be inconsistent with minimum building setbacks for structures along Sonoma County designated scenic corridors? Less than Significant No Impact No mitigation is necessary. VR-5. Will the project cause an adverse effect on foreground or middle-ground views from a high volume travelway, recreation use area, or other public use area? Less than Significant No Impact No mitigation is necessary. VR-6. Will the project cause an adverse effect on foreground views from one or more private residences Less than Significant No Impact No mitigation is necessary. VR-7. Will the project create a new light source? Less than Significant No Impact No mitigation is necessary. VR-C1: Will the project have a cumulative potential to disturb open space or visual resources? Less than Significant No Impact No mitigation is necessary. 14. Public Services and Utilities PS-1. Will the project increase demand for police, fire, park and recreation facilities, water, sewage treatment and disposal or solid waste removal to such a degree that accepted service standards are not maintained? Less than Significant No Impact No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 11 June 2022 Outfall Relocation Addendum 11152197 Table 1 Impact and Mitigation Summary Approved Project and Project Modifications Impact Approved Project 2002 Certified EIR Outfall Relocation Addendum Mitigation Measures for Outfall Relocation PS-2. Will project construction disrupt police, fire, schools, parks and recreation facilities to such a degree that accepted service standards are not maintained? No Impact No Impact No mitigation is necessary. PS-C1: Will the project have a cumulative potential to impact public services and utilities? Less than Significant No Impact No mitigation is necessary. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 12 June 2022 Outfall Relocation Addendum 11152197 2 PROJECT DESCRIPTION PROJECT BACKGROUND AND LOCATION The City owns and operates the Ellis Creek Water Recycling Facility (ECWR Facility) (Figure 1 Project Location). The ECWR Facility provides secondary treatment for wastewater from the City of Petaluma and adjacent unincorporated areas of Sonoma County. A portion of the secondary treated wastewater is pumped to the ECWR Facility’s tertiary treatment system to produce recycled water. Flows not diverted for tertiary treatment are directed through a series of oxidation ponds and constructed wetlands for additional treatment. Then the water is chlorinated and flows to polishing wetlands or a chlorine contact chamber. Wastewater from the chlorine contact chamber and/or polishing wetlands is dechlorinated and discharged to the Petaluma River through a submerged outfall from October 21 to April 30 each year. The existing outfall pipe extends approximately 3,100 linear feet through a tidal marsh, from the ECWR Facility to the Petaluma River. During an inspection in September 2016, the City discovered longitudinal cracks along the top and bottom of the pipe, separating pipe joints, and sections of pipe that have been flattened into an oval shape. To address this structural integrity issue, the City is proposing to construct a new outfall pipeline and outfall structure in the tidal slough within and adjacent to the southern corner of the existing ECWR Facility. An emergency contingency outfall bypass was installed at this location in 2017 but has not been used except for testing. The City would divert all future treated wastewater effluent discharges to a tidal slough located within the southeast corner of the ECWR Facility via a new outfall pipeline and discharge structure. No changes would occur to the volume or seasonal restrictions of the wastewater discharges. The existing Petaluma River outfall, as well as the emergency pipeline and outfall, would be removed. Refer to Figure 2 Demolition Plan and Figure 3 Relocated Outfall Site Plan for the location of these improvements. INSTALL RELOCATED OUTFALL Pipeline and Outfall Structure An approximately 95-foot-long outfall pipe would be installed below grade from Junction Box 2, adjacent to the Chemical Storage Facility, to the tidal slough. At the point the pipeline reaches the bank of the slough, it would exit the bank where a concrete headwall structure will be installed. The outfall pipeline would be 42 inches in diameter and terminate with a duckbill or similar check valve. Slope Protection Slope protection improvements consisting of 6- to 12-inch riprap would be installed on either side of the outfall structure along the lower portion of the bank, as well as at the bed of the slough to protect the slough from erosion during discharges. The slope protection would include approximately 16 cubic yards of riprap covering approximately 192 square feet of the slough channel. Prior to placement of the riprap, the slough would be excavated to a depth of approximately 28-inches. Excavated material would be disposed off-site in accordance with State and federal regulations. Slope protection would be installed at low tide with a sediment curtain installed around the work area. Dewater Work Area Although the work would be complete during low tide, the slough would still require dewatering for the installation of the riprap and placement of the pre-cast headwall. An exclusion barrier would be installed around the work area, then water would be pumped to the upland area. The riprap within the slough would cover approximately 140 square feet, with the dewatering area slightly larger to encompass the excavation for the headwall. Dewatering and installation of the riprap would be done at low tide and is expected to last up to 2 days. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 13 June 2022 Outfall Relocation Addendum 11152197 REMOVE EXISTING PIPELINE AND OUTFALL WITHIN PETALUMA RIVER The existing 42-inch outfall pipeline would be abandoned in place. The existing outfall structure in the Petaluma River would be removed and the pipeline capped. Both above and below water appurtenances would be removed. Approximately 65 feet of pipe along the bottom of the riverbed would be removed between the existing outfall structure and the edge of the marsh, removing that portion of the structure within the dredge footprint of the Petaluma River. To avoid impacts to the brackish marsh, the remainder of the pipeline, from the ECWR Facility through the marsh, would be abandoned in place with the end of the pipe sealed or capped with a flexible plastic end cap. REMOVE EXISTING EMERGENCY PIPELINE AND OUTFALL WITHIN SLOUGH The existing 24-inch emergency pipeline and outfall structure, installed in 2017, would be dismantled and removed. The emergency outfall lays on the ground surface except where it crosses beneath an ECWR Facility roadway, covered by road plates. Once the pipeline is removed, the road would be repaired. PROJECT CONSTRUCTION METHODS The outfall pipe, from Junction Box 2 to the edge of the slough, would be installed using an open-trench construction method. The outfall structure, including headwall and wing walls, would be precast and placed with a crane. Demolition and removal of the existing outfall and pipeline would occur via a barge from the Petaluma River and would be performed by divers. Piles would be removed using vibratory extraction or a direct pull method. If, during removal, a pile breaks above the mud line it would be cut 1 foot below the mudline. A floating debris barrier or sediment curtain would be installed around the work area during demolition. Demolition and removal of the existing emergency pipeline would not require any excavation as the structure sits above ground. The exception is where the pipe crosses the internal road, where minimal earthwork would be needed to repair and restore the road. All activities would be subject to project measure PD-8 Erosion, Stormwater Runoff, and Spill Control Measures, which was adopted as part of the original Project. PD-8 requires the City to implement measures designed to prevent construction-related water quality impacts. As applied to the outfall relocation, this includes re-seeding upland disturbed areas and installation of silt fencing during construction. Construction Work Windows and Hours Construction of the relocated outfall and removal of the emergency outfall would occur in 2022 and last approximately three months. Construction would be limited to September 1 to January 31 to avoid the nesting bird season, including black rails. Removal of the existing Petaluma River outfall would last 3 to 5 days and occur during the appropriate in-water work window for salmonids. In addition, work would occur within 250 of rail habitat. Therefore, the in-water work window of August 1 to October 15, is narrowed to September 1 to October 15 to avoid the rail nesting season in the nearby marsh. As allowed in Section 22-301 of the City of Petaluma’s Zoning Ordinance, construction work hours would be 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. Construction Equipment A variety of equipment would be used to construct the project. This could include an excavator, backhoe, loader, dump truck, paver, concrete truck, and barge. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 14 June 2022 Outfall Relocation Addendum 11152197 Construction Staging Area and Access Staging would occur in the paved areas surrounding the Chlorine Contact Basin. Access to the site would occur from Lakeville Highway at the gated drive at the far eastern corner of the ECWR Facility. Left-hand turns leaving the facility would not be allowed before 9 a.m. or after 4 p.m. PERMITS AND APPROVALS The following agency permits and approvals may be required for the Project: • Section 404 Nationwide Permit, US Army Corps of Engineers • Section 401 Water Quality Certification, San Francisco Regional Water Quality Control Board • Streambed Alteration Agreement, California Department of Fish & Wildlife • Regionwide Permit 2, Bay Conservation and Development Commission DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 FIGURE 1 0 500 1,000 1,500 2,000 Feet Project No. Revision No.- 11152197 Date Apr 2022 City of PetalumaEllis Creek Water Recycling FacilityOutfall Project Map Projection: Lambert Conformal ConicHorizontal Datum: North American 1983Grid: NAD 1983 StatePlane California II FIPS 0402 Feet Paper Size ANSI A o Data source: transportation: USGS The National Map: National Transportation Dataset; U.S. Census Bureau – TIGER/Line; U.S. Forest Service. Data Refreshed January, 2022.; World Imagery (Clarity): Thiswork is licensed under the Esri Master License Agreement.View Summary | View Terms of UseExport: This layer is not intended to be used to export tiles for offline. Data Collection and Editing: This layer may beused in various ArcGIS apps to support data collection and editing, with the results used internally or shared with others, as described for these use cases.; Hybrid Reference Layer: County of Marin, County of \\ghdnet\ghd\US\Santa Rosa\Projects\111\11152197 Petaluma Environmental Support Services\08-GIS\Maps\Deliverables\11152197_20220404\11152197_20220404.aprx - 11152197_01_ProjLocation Print date: 04Apr 2022 - 10:46 Project Location 116 Gam b ini R d La k evi l l e H wy P e t a l um a R i v e r Sonoma Windsor Petaluma Healdsburg Santa Rosa Rohnert Park Legend Project Area Existing Outfall Proposed Relocated Outfall DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 FILE NAME: \\ghdnet\ghd\US\Santa Rosa\Projects\561\11227516\Digital_Design\ACAD 2018\Figures\2022-03-25_Exhibit 2 - Update.dwg LAYOUT NAME: 1 PLOTTED: Monday, April 04, 2022 - 9:46am USER: cmartineziiFigure 2Demolition Plan - Existing Petaluma River Outfall Structure 0 60'30' Keynotes 1.Approximate limits of demolition. 2.Abandon existing 42" outfall piping in place.3.Demolish existing outfall structure, including all lanterns, signage, gauges, bracing and fasteners, and cut off pilings 1' below mudline. Side cast sediment to expose structure.4.Demolish all existing piping within Petaluma River including duckbill check valves, 24" welded steel piping, eccentric reducers, 42" true wye, and 42" welded steel piping. PETALUMA RIVE R 1 2 3 44 DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 FILE NAME: \\ghdnet\ghd\US\Santa Rosa\Projects\561\11227516\Digital_Design\ACAD 2018\Figures\2022-03-25_Exhibit 3 - Update.dwg LAYOUT NAME: 2 PLOTTED: Tuesday, April 05, 2022 - 3:50pm USER: cmartineziiFigure 3Relocated Outfall Site Plan 0 60'30' Keynotes 1.Construct outlet structure.2.Construct 42" pipe.3.Construct Rip Rap energy dissipator.4.Demolish existing emergency HDPE outfall.5.Abandon existing 42" outfall piping in place. 6.Modify existing junction box.7.Approximate grading limits. Legend: MHHW Line Elevation (6.66') ELLIS CREEK WATER RECYCLING FACILITY 2 3 4 1 BCDC Jurisdiction (MSL + 5') 3 45 67 8 6 5 Daylight Line 2 7 DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 18 June 2022 Outfall Relocation Addendum 11152197 3 MITIGATION MONITORING PROGRAM REVISIONS This Chapter presents only the revisions to the adopted 2002 Mitigation Monitoring Program, as modified in 2004, 2005, 2015, and 2016. Revisions are shown in strikeout and underline for ease of reference. MEASURES INCLUDED IN THE PROJECT The following project description measure is revised to reflect current regulations and standards. PD-20 Protection of Previously Undiscovered Historic and Archaeological Resources Description: If subsurface archaeological or historical remains, that qualify as a historic resource or unique archaeological resource under CEQA Guidelines Section 15064.5, are discovered during construction, work in the area shall stop immediately and a qualified professional archaeologist shall be consulted to develop, if necessary, further mitigation measures to reduce any archaeological impact to a less than significant level before construction continues evaluate any materials and recommend appropriate treatment. A Native American monitor shall be present for the investigation, if the local Native American tribe requests. Avoidance of impacts to the resource are preferable. In considering any suggested measures proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures as recommended by the archaeologist (e.g., data recovery) shall be instituted. Work may proceed on other parts of the Project while mitigation for the historic resources or unique archaeological resources is being carried out. If human burials are encountered, all work in the area will stop immediately and the Sonoma County coroner’s office shall be notified immediately. If the remains are determined to be Native American in origin, both the Native American Heritage Commission and any identified descendants must be notified and recommendations for treatment solicited (CEQA Section 15064.5); Health and Safety Code Section 7050.5; Public Resources Code Section 5097.94 and 5097.98). Lead Agency: City of Petaluma Implementing Agency: Design Engineer and Construction Manager Timing: Start: Upon certification of the EIR Completion: Completion of construction Monitoring Agency: City of Petaluma Validation: A qualified professional archaeologist and Native American tribe affiliated with the area shall be consulted if subsurface archaeological or historical remains are discovered. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 19 June 2022 Outfall Relocation Addendum 11152197 MITIGATION MEASURES The following mitigation measure is revised to reflect current regulations and best management practices for the protection of special-status species. BIO-1a Aquatic Special-status Species Protection Program Description: The City shall implement a Aquatic Special-status Species Protection Plan, as follows: • A Worker Environmental Awareness Training Program for construction personnel shall be provided that addresses sensitive habitats and special-status species that may be found on-site and outline procedures in the event a special-status species is encountered. • Any ground-disturbing construction activity in Ellis Creek (i.e., in the bank or bed of the channel) or slough channel shall be 1) conducted when no or low freshwater flow from upstream into the work area (which will potentially be tidal at the time of construction) is occurring to avoid downstream transport of sediment and impacts on any migrating salmonid fish, or other rare aquatic species; and 2) conducted between coffer dams around which any tidal or stream flow shall be routed. Prior to coffer dam installation, a qualified biologist shall seine the area between the dams and the area within 25 feet of the dams to determine if sensitive species are present. If sensitive species are present, they should be relocated in consultation with NMFS, USFWS, and DFGCDFW consistent with federal and State regulations. • Facilities shall be located and constructed using methods that minimize the loss of existing riparian or marsh vegetation. Unavoidable loss of riparian vegetation shall be mitigated by planting sufficient native riparian vegetation of like species so as to compensate for the loss of shade and habitat. • A 20-foot buffer zone from the top of the bank of Ellis Creek shall be established, where feasible, and fenced during construction. • If aquatic habitat must be removed, create or restore like habitat on site at a compensatory ratio of 1:1 (1 acre of restored habitat for every 1 acre impacted) or as required by the Corps of Engineers or Regional Water Quality Control Board. Identify opportunities to improve current habitat conditions within Ellis Creek and implement, where feasible. Cropped upland is available as mitigation sites for salt marsh, freshwater marsh, or stream impacts. Shollenberger Park also has sites available for mitigation for river habitat impacts. • Best management practices shall be implemented to control erosion, sedimentation, and runoff of pollutants. As an appropriate example, best management practices are described in the Caltrans Storm Water Quality Handbooks: Construction Site Best Management Practices Manual (November 2000May 2017). Refer to PD-8 for a potential list. These shall be implemented as necessary under the supervision of the construction manager. Detailed specifications shall be incorporated onto bid documents and construction drawings. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 20 June 2022 Outfall Relocation Addendum 11152197 • Construction and grading activities that would affect Ellis Creek or upland areas that might erode into the creek or marsh, shall be restricted to the dry season. • For work within or adjacent to the tidal marsh, temporary salt marsh harvest mouse exclusion fence shall be installed around the construction footprint and buried to a depth of 4 inches. The fence shall be constructed of heavy plastic sheeting curved outward at the top from the construction area to prevent mice from climbing or passing through. Fence height shall be at least 12 inches higher than adjacent vegetation. A qualified biologist shall inspect the fence as needed, to ensure there are no gaps or damage. Stakes shall be located on the inside of the exclusion fence (to deter mice from climbing stakes). Lead Agency: City of Petaluma Implementing Agency: City of Petaluma Timing: Start: Before start of construction of the affected area Completion: Completion of construction Monitoring Agency: City of Petaluma and Construction Manager Validation: Annual Report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 21 June 2022 Outfall Relocation Addendum 11152197 4 ENVIRONMENTAL ANALYSIS This Chapter consists of 14 sections, each of which presents the analysis of the proposed revisions to the Project within a particular environmental discipline. The analysis refers back to the original evaluation of impacts contained in the 2002 Certified EIR and 2004 Addendum, and identifies the change in impacts, if any, from the previously approved Project. If there are no changes to the previous impact evaluation, an explanation for this conclusion is provided. For those sections where a change in impacts is identified, the evaluation criteria taken directly from the 2002 Certified EIR are also provided. For ease of reference, the evaluation criteria table numbers remain the same as the numbering used in the 2002 Certified EIR. Most of the information presented in the 2002 Certified EIR has not changed and is not repeated here. Please refer to the 2002 Water Recycling Facility and River Access Improvements EIR for descriptions of setting, discussion of methodology, and the complete identification and discussion of impacts. 4.1 LAND USE The land use designations identified in the 2002 Certified EIR for the Facility site were Public and Institutional on the east side of Ellis Creek and Land Extensive Agriculture on the west side of Ellis Creek, with those on the west privately owned and under County jurisdiction. The 2002 Certified EIR found that the Project facilities would be compatible with the Land Extensive Agriculture and Public and Institutional designations because public buildings and structures were considered conditional uses within the zoning designations. After certification of the EIR, the City purchased the parcels on the west side of Ellis Creek, changed the land use designation to Public and Institutional, and prezoned the site Planned Community District (as well as rezoned the parcel on the east side of Ellis Creek). The outfall would be relocated in the southeast corner of the ECWR Facility and would be compatible with the permitted and conditional uses at the site as it is an ancillary structure that supports the on-site uses. No change in impacts related to MRZ-2, Community Separators, conversion of public open space, or loss of homes would occur due to the relocation of the outfall. Construction and use of the outfall at the new location would not cause new significant impacts or substantially more severe land use impacts than identified in the 2002 Certified EIR. 4. 2 AGRICULTURE The proposed modification to the Project does not require revisions to the evaluation of Agriculture. The 2002 Certified EIR identified a significant and unavoidable loss of agricultural land due to construction of the ECWR Facility, including all 149 acres of the site west of Ellis Creek. The outfall would be relocated to the southeast corner of the facility which is a developed part of the ECWR Facility and is not farmland. No change to the impacts on agricultural resources relative to Williamson Act land and glassy-winged sharpshooter populations would occur at the new outfall site. Project measure PD-2, Purchase Locally Grown or Inspected Plants, adopted as part of the approved Project, would continue to be implemented, as needed. The proposed relocated outfall and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.3 GEOLOGY, SOILS, AND SEISMICITY The proposed change to the Project does not require revisions to the evaluation of Geology, Soils and Seismicity. The entire site was evaluated in the 2002 Certified EIR, and the modifications will not result in new impacts as the type of facilities, general location, and geologic setting remains the same. The outfall relocation would not create the potential for additional or different geologic hazards. Project DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 22 June 2022 Outfall Relocation Addendum 11152197 measures PD-3 Liquefaction, PD-4 Seismic Design to Resist Ground Shaking, and PD-6 Standard Engineering Methods for Corrosive Soils, adopted as part of the approved Project to address liquefaction, ground shaking, and corrosive soils would still be applicable to construction of replacement outfall (Miller Pacific Engineering Group 2022). Construction of the outfall and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.4 GROUNDWATER The proposed change to the Project does not require revisions to the evaluation of Groundwater. The facilities at the ECWR Facility were found to have less-than-significant impacts to groundwater because they are in completely contained structures and would not utilize groundwater or interfere with groundwater recharge. The relocation of the outfall would not change this analysis. There would be no new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.5 SURFACE WATER QUALITY The proposed change to the Project does not require revisions to the evaluation of Surface Water Quality. The City’s discharges and recycled water reuse would continue to meet standards set by federal, state, and regional agencies. On May 12, 2021, the Regional Water Quality Control Board San Francisco Bay Region approved the City’s new NPDES Permit CA0037810, which includes discharging at the proposed new location. The City would continue to comply with the conditions of the Permit, including inspection, monitoring, and reporting. As indicated in the 2002 Certified EIR, activities related to maintenance of the existing outfall would have the potential to cause temporary sediment disturbance. Similar disturbance could occur with demolition of the Petaluma River outfall and construction of the relocated outfall in the slough. Project measure PD-8 Erosion, Stormwater Runoff, and Spill Control Measures, adopted as part of the approved Project, would remain applicable to the demolition of the existing outfall and construction of the new outfall and associated improvements, requiring the City to develop and implement measures designed to prevent significant construction impacts to water quality. Relocation of the outfall would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.6 HYDROLOGY The 2002 Certified EIR found that velocity within the Petaluma River during discharge would be 0.5732 feet per second and determined this to be a less-than-significant impact on the potential for streambank erosion. Discharge at the proposed outfall location would be conveyed via a tidal slough before reaching the Petaluma River. There would be little to no change in velocity within the Petaluma River as the discharge would dissipate as it traveled through the slough. Hydraulic modeling of the slough was conducted as part of the Project design for two tidal scenarios: Mean High High Water (MHHW) and no tidal influence. For the MHHW scenario, the slough is backwatered and the flow velocity within the slough is less than 0.3 feet per second with negligible shear stress in the channel. For the no tidal influence scenario, the flow velocity within the slough is less than 1.5 feet per second with shear stresses of less than 0.1 pound per square foot. Given the small shear stresses in the slough estimated from the modeling, significant streambank erosion within the slough is not anticipated to occur as a result of discharge at the new location (GHD Basis of Design 2022). Impacts from Project discharge on streambank erosion would remain less than significant. Impervious surface would increase slightly by approximately 100 square feet but have no effect on the flood elevation given the small area. As the volume of discharge into the watershed would not change from that previously analyzed in the 2002 Certified EIR, no change to the flood elevation from discharge is anticipated. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 23 June 2022 Outfall Relocation Addendum 11152197 Relocation of the outfall would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.7 PUBLIC HEALTH AND SAFETY The proposed change to the Project does not require revisions to the evaluation of Public Health and Safety. The outfall would be constructed in an area that is generally inaccessible to the public. The relocation of the outfall does not change the production of recycled water, expose workers to hazardous waste, increase the use of hazardous materials, or increase exposure to disease vectors. The proposed outfall relocation and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.8 BIOLOGICAL RESOURCES The proposed outfall relocation area is within the boundary of the ECWR Facility and was included in the existing conditions assessment in the 2002 Certified EIR. The outfall relocation footprint was mapped as “ruderal disturbed” and “marsh”, while the existing outfall location in the Petaluma River was identified as “waters.” The 2002 Certified EIR included an analysis of impacts from maintenance activities to the existing outfall and from modifications to the chlorine contact basin and installation of new pipelines within and near the proposed outfall relocation area. In Table 4.8-6, Project Impacts to Sensitive Habitats, of the 2002 Certified EIR, impacts related to maintenance of the existing outfall are identified as 0.8 acre of temporary impacts to waters. In the 2004 Addendum, the temporary impacts were recalculated as 0.09 acre. In addition, temporary impacts to the habitat for tidewater goby and Sacramento splittail habitat were identified in the 2002 Certified EIR. In a Biological Report (Olofson 2018, updated 2022) and Wetland Delineation Report (Valerius 2018) prepared specific to the proposed outfall relocation, the site was evaluated and concluded that the habitat is the same as evaluated in the 2002 Certified EIR. The reports found that the upland and tidal marsh areas were unchanged from previous studies described in the 2002 Certified EIR. In addition, the Biological Report includes updated special-status species lists and critical habitat assessment. The following addresses impacts to the special-status species determined to potentially occur at the site, as well as mapped critical habitat. In accordance with a recommendation in the 2018 Biological Report and mitigation measure BIO-1b Rare, Threatened and Endangered Plant Protection Program, a botanist visited the site in September 2019 and found no special-status plant species (Valerius 2019). In addition, it was documented that the marsh habitat within, and adjacent to, the Project footprint was not suitable for Point Reyes salty bird’s- beak (a species identified as having low potential to occur at the site in the 2018 Biological Report). Since this species is absent from the study area, there would be no impact to special-status plant species. Removal of the existing Petaluma River outfall would temporarily impact approximately 0.01 acre of waters. This temporary impact would be significantly less than the impact to waters, as related to the outfall maintenance, identified in the 2002 Certified EIR. Placement of the relocated outfall would fill approximately 0.006 acre of wetland and waters. These impacts would occur in a different area of the ECWR Facility than was previously identified to have wetland and waters impacts. However, removal of the existing Petaluma River outfall and the emergency outfall in the slough would remove 0.016 acre of fill, resulting in a net reduction in fill by 0.01 acre. Therefore, there would be no new permanent impact to wetland and waters as fill would be reduced with implementation of the Project. The tidal marsh provides suitable habitat for salt marsh harvest mouse (Federal Endangered, California Fully Protected) and California black rail (California Fully Protected) but is unlikely to provide suitable habitat for California Ridgway’s rail due to an unfavorable salinity gradient. In two consecutive years of surveys, California Ridgway’s rail were not detected in the marsh, but California black rail were detected DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 24 June 2022 Outfall Relocation Addendum 11152197 (Olofson 2021 and 2022). As noted in the project description in Chapter 2 of this EIR Addendum, work within and adjacent to the tidal marsh would occur within the work window of September 1 to January 31, thus avoiding disturbance during the bird nesting season. Impacts to black rail, and other nesting birds within the vicinity of the project, would be less than significant. Salt marsh harvest mouse may utilize the upland area adjacent to the tidal marsh, particularly to escape high tide events. If one entered the work area and was injured or killed, this would be a significant impact. Implementation of Mitigation Measure BIO-1a Special-status Species Protection Program, as revised in this EIR Addendum, would be implemented to reduce potential impacts to salt marsh harvest mouse to less than significant. BIO-1a would exclude salt marsh harvest mouse from entering the work area by requiring the installation of exclusion fencing between the tidal marsh and upland area. After installation, the work area would be cleared by a qualified biologist prior to the start of construction. The location of the existing Petaluma River outfall is within critical habitat for both steelhead – Central California Coast DPS and green sturgeon. The relocated outfall is adjacent to critical habitat for green sturgeon. As noted in the project description in Chapter 2 of this EIR Addendum, demolition within the Petaluma River would occur for 3 to 5 days within the timeframe of September 1 to October 15. This restricted work window occurs outside the fish migration season (and also takes into account rail nesting season hence the later start time of September rather than August). In addition, PD-8 Erosion, Stormwater Runoff, and Spill Control Measures, adopted as part of the approved Project to prevent construction impacts to water quality, would continue to be implemented as part of the Project. Impacts to fish and critical habitat would remain less than significant. Approximately 212 square feet of marsh habitat along the bank of the slough would be displaced to accommodate the relocated outfall structure and approximately 42 square feet would be restored from removal of the emergency outfall, resulting in a reduction of 170 square feet of tidal marsh. This small reduction in habitat along the edge of the marsh would not result in the loss of wildlife species as it would be a small, isolated fraction of the available habitat within the greater marsh. Impacts to tidal marsh habitat would be less than significant. Project modifications would not cause additional impacts to wetlands or waters, riparian areas, sensitive habitat, trees, migration corridors or streams beyond those that were identified in the 2002 Certified EIR. The demolition of the existing outfall and construction of the relocated outfall would abide by the same restrictions and be subject to the same project measures and mitigation measures as the previous construction of the ECWR Facility. These measures include mitigation measure BIO-1a Special-status Species Protection Program and project measure PD-8 Erosion, Stormwater Runoff, and Spill Control Measures. Relocation of the outfall would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.9 TRANSPORTATION The proposed change to the Project does not require revisions to the evaluation of Transportation. There would be no increased operational traffic from relocation of the outfall. Construction traffic would temporarily increase traffic on Lakeville Highway by 10 to 12 vehicles per day during the 3-month construction period. This is significantly less than the 300 per day construction trips evaluated in the 2002 Certified EIR. Neither construction nor operation of the relocated outfall and associated improvement described in Chapter 2 of this EIR Addendum would cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.10 AIR QUALITY The proposed change to the Project does not require revisions to the evaluation of Air Quality. Project measure PD-14 Construction Air Quality Controls, which incorporates best management practices into the approved Project to address air quality during construction, would remain applicable to the outfall DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 25 June 2022 Outfall Relocation Addendum 11152197 relocation. Operation of the relocated outfall would not create new air emissions. Neither construction nor operation of the outfall at the new location would cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.11 NOISE The proposed change to the Project does not require revisions to the evaluation of Noise. Construction noise would be substantially less than the noise levels identified in the 2002 Certified EIR for the construction of the ECWR Facility. In addition, the proposed new outfall site is located more than 4,000 feet from the nearest sensitive receptor, with intervening topography and vegetation. Construction traffic also would be much less than the construction traffic evaluated for the original construction of the facility, as noted above in Section 4.9 Transportation. The relocated outfall would not result in any new operational noise activities. Neither construction nor operation of the relocated outfall would cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.12 CULTURAL RESOURCES The proposed change to the Project does not require revisions to the evaluation of Cultural Resources. The entire Facility site was evaluated in the original EIR. The proposed new outfall location is within that footprint previously evaluated in the 2002 Certified EIR and would not result in any new impacts. Project measure PD-20 Protection of Previously Undiscovered Historic and Archaeological Resources, as revised in this Addendum, remains included in the Project to address unknown cultural resources if encountered during construction. Construction of the outfall and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.13 VISUAL RESOURCES The proposed change to the Project does not require revisions to the evaluation of Visual Resources. The proposed new outfall would be located more than 3,000 feet south/southwest of Lakeville Highway. In addition, the majority of the improvements would be located below or at grade. Only the proposed new headwall would be visible from a short distance within the facility. The relocated outfall would not be visible to any residences or travelers on Lakeville Highway, or recreational uses along the ECWR Facility trails or Petaluma River. Therefore, no new significant visual impacts would occur resulting from view obstruction or degradation of visual quality. The proposed changes to the Project do not include any new lighting, therefore there would be no impact related to a new light source. Construction of the relocated outfall and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. 4.14 PUBLIC SERVICES AND UTILITIES The proposed change to the Project does not require revisions to the evaluation of Public Services and Utilities. The modifications will not change the demand for public services nor the potential disruption of emergency services that was analyzed in the 2002 Certified EIR. Emergency vehicles will still be able to access the site from two locations: from Cypress Drive and directly from Lakeville Highway. Implementation of the relocated outfall and associated improvements described in Chapter 2 of this EIR Addendum would not cause new significant impacts or substantially more severe impacts than identified in the 2002 Certified EIR. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 26 June 2022 Outfall Relocation Addendum 11152197 5 ALTERNATIVES TO THE PROPOSED PROJECT The proposed changes to the Project are minor and would not affect the relative comparison of alternatives presented in the 2002 Certified EIR. The proposed changes do not require the consideration of new or revised alternatives, because the environmental impacts are not substantially greater than previously reported, and there are no new significant effects. 6 CEQA-REQUIRED SECTIONS GROWTH-INDUCING IMPACTS OF THE PROJECT The potential for growth inducement would not increase due to the proposed relocation of the outfall. The discharge volume would remain the same, and the proposed relocation of the outfall would not increase the capacity of the ECWR Facility. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS There are no new significant unavoidable environmental impacts as a result of the proposed revisions. The one significant unavoidable impact from the approved Project remains: • Impact AG-1: Loss of approximately 149 acres of farmland on Parcels A and B When the Project was approved in August of 2002, a statement of overriding considerations was adopted, explaining the City’s reasons for approving the Project despite the significant impact on farmland. The original Project has since been constructed and the loss of farmland has occurred. ENVIRONMENTALLY SUPERIOR ALTERNATIVE The 2002 Certified EIR identified the Environmentally Superior Alternatives as both Alternative 4, (Hopper Street) and the proposed project (Extended Aeration), because they would have similar levels of environmental impacts and therefore both qualify as the Environmentally Superior Alternative. The proposed project has since been constructed. There are no new impacts related to the relocation of the outfall and therefore the relative comparison of alternatives does not change and there is no need to evaluate further alternatives related to this minor change in the project. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR Page 27 June 2022 Outfall Relocation Addendum 11152197 7 PREPARERS LEAD AGENCY The City of Petaluma is the lead agency under CEQA for the preparation of the Petaluma Water Recycling Facility and River Access Improvements EIR Outfall Relocation Addendum. Staff Member Role Josh Minshall Senior Civil Engineer, Petaluma Department of Public Works and Utilities Olivia Ervin Principal Environmental Planner, Petaluma Community Development DOCUMENT PREPARATION GHD Staff Member Role Brian Bacciarini Quality Control Kristine Gaspar Project Manager Seth Stevens Engineer DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 CITY OF PETALUMA, CALIFORNIA WATER RECYCLING FACILITY AND RIVER ACCESS IMPROVEMENTS PROJECT MITIGATION MONITORING PROGRAM FOR CONSTRUCTION OF OUTFALL RELOCATION PROJECT SCH # 2001052089 July 2022 Exhibit B to Resolution DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-1 MITIGATION MONITORING PROGRAM This Mitigation Monitoring Plan applies to the relocation of the outfall at the Ellis Creek Water Treatment Facility as described in the Outfall Relocation Addendum dated June 2022. BACKGROUND The legal basis for the development and implementation of mitigation measures lies in the California Environmental Quality Act (CEQA). Pursuant to Section 21002 of CEQA, public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects. Subsection 21002.1(b) further requires that each public agency shall mitigate or avoid the significant effects on the environment of projects it approves or carries out whenever it is feasible to do so. Section 21081.6 requires a lead agency to adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of an agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. The reporting or monitoring program must be adopted when a public agency makes its findings under CEQA so that the program can be made a condition of project approval in order to mitigate significant effects on the environment. Table 3-1 lists all of the Project Measures and Mitigation Measures in the Mitigation Monitoring Plan from the original 2002 Water Recycling Facility EIR. Those Project Measures and Mitigation Measures that do not apply to the outfall relocation are indicated in strikethrough. PURPOSE This Mitigation Monitoring Program is designed to serve as a tool for the evaluation of Project compliance with mitigation measures adopted as part of the 2002 Certified EIR and revised in the Outfall Relocation Addendum. The basic objectives of the Mitigation Monitoring Program are to achieve the following: • To report to the City Council, and the public, information regarding compliance with the EIR mitigation measures; and • To provide assurance and documentation that the studies and actions called for in the mitigation measures are being performed as planned. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-2 CHAPTER FORMAT Compliance with Existing Programs This section presents the applicable federal, state, regional, county, and local policies and regulations with which the project must comply. Compliance with these policies and regulations will result in avoidance and/or minimization of adverse environmental impacts. Measures Included in the Project This section presents a listing and description of measures and standards which were incorporated into the original project design. The City has adopted these measures and incorporated them as part of the project in order to avoid or minimize potential environmental impacts. These measures represent standard engineering, design, construction, and maintenance practices. Measures were developed to change the project and avoid potential impacts identified by the public and federal, state, and local agencies. Other measures were developed as a result of geotechnical, biological, cultural, and hydrological analysis in order to avoid or minimize potential impacts. Because these measures are part of the project, they do not qualify under the normal definition of mitigation. However, these measures have been included in this chapter to provide a mechanism to ensure that these measures are implemented and monitored, and to assist the reader in understanding the commitments made by the City of Petaluma. This section includes measures to be implemented in all phases of the project, including planning and design, construction, operation, and maintenance. Compliance with these measures will result in avoidance and/or minimization of adverse environmental impacts. Mitigation Measures This section contains a listing and description of mitigation measures recommended in Chapter 4, Environmental Analysis, of the 2002 Certified EIR, and that are applicable to construction of the outfall at the new location as well as the demolition of the existing outfall. The mitigation measures listed in this section are recommended to avoid or reduce environmental impacts. The mitigation measures generally require the construction manager to follow certain constraints during construction and to repair and rehabilitate impacts resulting from construction of the project. Compliance with all of these measures would result in the reduction of adverse environmental impacts. ADMINISTRATION The Director of the Public Works and Utilities Department and/or his/her designee will be responsible for overall implementation and administration of the Mitigation Monitoring Program. In order to carry out the mitigation monitoring program, the Director will designate a staff person to serve as coordinator among the various agencies and departments. This person (Coordinator) will ensure that each mitigation measure is implemented to the standards specified in the EIR and is completed in a timely manner. If current staffing within the Department cannot DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-3 absorb the work demand to implement the program, a private contractor will be hired to manage and coordinate the mitigation monitoring and reporting program. The contractor will serve under the direction of the Director. Administration of the Mitigation Monitoring Program will include the following: • Documentation of permit approvals by other agencies; • Compliance with conditions of project approval; • Routine inspections and reporting activities; • Plan checks; • Coordination of activities of consultants hired by the City when such expertise and qualifications are necessary; • Coordination with applicable agencies that have mitigation monitoring and reporting responsibilities (if any); • Follow-up and response to citizens’ complaints; • Development of a work plan and schedule for monitoring activities; • Maintenance of a mitigation monitoring checklist or other suitable mitigation compliance summary; • Implementation of corrective actions or enforcement measures, as needed; • Preparation of reports of the status of implementation and monitoring of mitigation measures; and • Monitoring of financial resources associated with the program. IMPLEMENTATION Each responsible individual or agency listed as a “Monitoring Agency” in the Mitigation Monitoring Program will be responsible for determining whether the mitigation measures contained within the monitoring program have been implemented. A Monitoring Agency may submit a Verification Report Form (see page MMP-5) or other verification report to the Coordinator that documents compliance with each of the mitigation measures for which they are responsible. Based on the information provided by the reports, the Coordinator will maintain a mitigation monitoring checklist that documents the completion status of all required mitigation measures as shown in Table 3-1. Prior to the start of construction, the Coordinator will review the mitigation monitoring program checklist to ensure that the Project design is in compliance with all mitigation measures that are required to be implemented as a condition of the permit. ENFORCEMENT If a responsible individual or agency determines that compliance has not been achieved, a written notice shall be delivered to the Director or Coordinator describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted, and/or remedies shall be required, as appropriate and at the discretion of the Director. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-4 APPROVAL AND CHANGES This Mitigation Monitoring Program is adopted in conjunction with the project approvals for the project. Subsequent changes to the Mitigation Monitoring Program may be approved by the Director if deemed to meet the intent of said mitigation. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-5 VERIFICATION REPORT Date:______________ Arrival Time:______________ Departure:______________ Location:____________________ Discipline: ___________________________ Archaeology Dust/Air Quality ____________________________ Biology Noise Soils/Geology Construction Sheet No.:_________ Other__________________________________ Condition:_____________________________________________________________________ Compliance: Acceptable Unacceptable Delay Activity Remedial Action Implemented Work Stopped Follow-up Conference Required Activity:______________________________________________________________________ ______________________________________________________________________________ Observations:__________________________________________________________________ ______________________________________________________________________________ Recommendations:______________________________________________________________ ______________________________________________________________________________ By:____________________________ Report Approval:___________________________ Receipt By Project Supervisor: Signature:_________________________________ Date:_____________ Time:_____________ Comments/Actions:___________________________________________________________________________________________________________________________________________ Copies to:_____________________________________________________________________ Date Entered to Environmental Monitoring File:______________________________________ By:_______________________________________ DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-6 Table 3-1 Mitigation Monitoring Checklist – Outfall Relocation Project Mitigation Measure Implementing Agency Monitoring Agency Status Comments Measures Included in the Project PD-1 Uniform Relocation Assistance City of Petaluma City of Petaluma PD-2 Purchase Locally Grown or Inspected Plants Design Engineer City of Petaluma PD-3 Liquefaction Protection Design Engineer City of Petaluma PD-4 Seismic Design to Resist Ground Shaking Design Engineer City of Petaluma PD-5 Standard Engineering Methods for Expansive Soils Design Engineer City of Petaluma PD-6 Standard Engineering Methods for Corrosive Soils Design Engineer City of Petaluma PD-7 Groundwater Monitoring and Management City of Petaluma City of Petaluma PD-8 Erosion, Stormwater Runnoff, and Spill Control Measures Construction Manager and Design Engineer City of Petaluma & San Francisco Bay RWQCB PD-9 Conduct Phase II Site Assessment at Hopper Street to Assess the Potential for Contamination beneath the Sludge Lagoons City of Petaluma City of Petaluma PD-10 Monitor Soil and Groundwater During Demolition/ Construction for Evidence of Hazardous Waste at Hopper Street Construction Manager City of Petaluma PD-11 Test Suspected and Properly Dispose of Soils and Groundwater at Hopper Street City of Petaluma City of Petaluma PD-12 Inspect and Test for Lead-based Paint and Asbestos Containing Material (ACM) in any Buildings at 950 Hopper Street that will be Demolished Construction Manager City of Petaluma DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-7 Table 3-1 Mitigation Monitoring Checklist – Outfall Relocation Project Mitigation Measure Implementing Agency Monitoring Agency Status Comments PD-13 Mosquito Prevention City of Petaluma City of Petaluma PD-14 Construction Air Quality Controls Design Engineer City of Petaluma PD-15 Permitting and Control of Toxic Air Contaminants City of Petaluma City of Petaluma PD-16 Odor Control Design Engineer and Plant Operator City of Petaluma PD-17 Construction Noise Mitigation Measures Construction Manager/City of Petaluma City of Petaluma PD-18 Operational Noise Mitigation Measures Design Engineer City of Petaluma PD-19 Protection of Historic and Archaeological Resources. City of Petaluma City of Petaluma PD-20 Protection of Previously Undiscovered Historic and Archeological Resources. Design Engineer and City of Petaluma City of Petaluma PD-21 Landscaping Design Design Engineer City of Petaluma PD-22 Lighting Design Design Engineer and City of Petaluma City of Petaluma PD-23 Fire Protection Design Engineer and City of Petaluma City of Petaluma Mitigation Measures GW-1 Drinking Water Well Protection Program City of Petaluma City of Petaluma WQ-1a Chromium Monitoring and Source Reduction Program City of Petaluma City of Petaluma WQ-1b Nickel Monitoring and Source Reduction Program City of Petaluma City of Petaluma WQ-1c Bis(2-ethylhexyl)phthalate Effluent Monitoring and Source Reduction Program City of Petaluma City of Petaluma DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements EIR July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-8 Table 3-1 Mitigation Monitoring Checklist – Outfall Relocation Project Mitigation Measure Implementing Agency Monitoring Agency Status Comments WQ-1d Constituents not Monitored in Effluent Monitoring and Source Reduction City of Petaluma City of Petaluma WQ-1e Dioxin/Furan Congener Monitoring and Source Reduction Program City of Petaluma City of Petaluma BIO-1a Aquatic Species Protection Program City of Petaluma City of Petaluma BIO-1b Rare, Threatened and Endangered Plant Protection Program City of Petaluma City of Petaluma BIO-1c Wildlife Protection Program City of Petaluma City of Petaluma BIO-2a Active Raptor and Migratory Bird Nest Protection Program City of Petaluma City of Petaluma BIO-2b Rookery Protection Program City of Petaluma City of Petaluma BIO-4 Prepare a Riparian Census and Conceptual Riparian Mitigation Plan City of Petaluma City of Petaluma BIO-7 Create or Restore Wetlands and Waters of the U.S. City of Petaluma City of Petaluma TR-1a Reroute Construction Worker Trips Construction Manager City of Petaluma TR-1b Install Signage to Reroute Employee and Visitor Trips City of Petaluma City of Petaluma DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-9 COMPLIANCE WITH EXISTING PROGRAMS This section presents the applicable federal, state, regional, county, and local policies and regulations that the project are required to comply with. Compliance with these policies and regulations, and future modifications thereof, is required, and will result in avoidance and/or minimization of adverse environmental impacts. Federal Archaeological and Historic Data Preservation Act of 1974 California Toxics Rule Clean Air Act of 1970, amended 1977 and 1990 Clean Water Act of 1977, amending the Water Pollution Control Act Endangered Species Act of 1973, as amended (FESA) Migratory Bird Treaty Act of 1918 Resources Conservation and Recovery Act Rivers and Harbors Act of 1899, Section 10 Water Pollution Control Act, as amended by the Clean Water Act of 1977; Section 404 State Accidental Release Prevention and Hazardous Waste Control Laws Alquist-Priolo Earthquake Fault Zone Act California Clean Air Act California Department of Fish and Wildlife Fish and Game Code Section 1602 California Endangered Species Act (CESA) (Fish and Game Code Sec. 2050-2098) California Government Code, Sec. 65962.5, Hazardous Waste and Substances Sites List (Cortese List) California Health and Safety Code, Section 25500 et seq. - Hazardous Materials Release Response Plans and Inventory California Native Plant Protection Act (Fish and Game Code Section 1900-1913) California Occupational Safety and Health Administration (Cal-OSHA) Porter-Cologne Water Quality Control Act Title 8, California Code of Regulations (CCR), Sec. 25500 et seq., Hazardous Material Storage Title 8, California Code of Regulations (CCR), Sec. 1500-1938, California Construction Safety Regulations Title 8, California Code of Regulations (CCR), Sec. 1509 & 3203, Injury and Illness Prevention Program DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-10 Title 8, California Code of Regulations (CCR), Sec. 1597-1599, Vehicles, Traffic Control, Flaggers, Barricades, and Warning Signs Title 8, California Code of Regulations (CCR), Sec. 5194, Hazard Communication Title 22, California Code of Regulations (CCR), Sec. 60301 et seq., Recycled/Reclaimed Water Title 22, California Code of Regulations, Section 66260.1 et seq. - California Hazardous Waste Regulations Water Quality Control Plan for the San Francisco Bay Basin (2017) Regional Bay Area Clean Air Plan Bay Area Air Quality Management District Risk Management Policy Bay Area Air Quality Management District Rules and Regulations Petaluma Petaluma General Plan Petaluma Building and Grading Regulations Petaluma Zoning Ordinance DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-11 MEASURES INCLUDED IN THE PROJECT This section presents the measures the City decided to incorporate into the Water Recycling Facility & River Access Improvements Project. Those measures that are applicable to the construction and operation of the larger Water Recycling Facility project, but that are not related to construction of the outfall at the new location are listed below. The full text of those measures applicable to the outfall component of the Project is provided on the following pages. Project Measures not Applicable to Outfall Relocation PD-1 Uniform Relocation Assistance PD-5 Standard Engineering Methods for Expansive Soils PD-7 Groundwater Monitoring and Management PD-9 Conduct Phase II Site Assessment at Hopper Street to Assess the Potential for Contamination beneath the Sludge Lagoons PD-10 Monitor Soil and Groundwater during Demolition/construction for Evidence of Hazardous Waste at Hopper Street PD-11 Test Suspected and Properly Dispose of Contaminated Soils and Groundwater at Hopper Street PD-12 Inspect and Test for Lead-based Paint and Asbestos Containing Material (ACM) Any Buildings at 950 Hopper Street that will be Demolished PD-13 Mosquito Prevention PD-15 Permitting and Control of Toxic Air Contaminants PD-16 Odor Control PD-17 Construction Noise Mitigation Measures PD-18 Operational Noise Mitigation Measures PD-19 Protection of Historic and Archaeological Resources PD-21 Landscaping Design PD-22 Lighting Design PD-23 Fire Protection DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-12 PD-2 Purchase Locally Grown or Inspected Plants Description: The City of Petaluma shall designate that the purchase of all plants for the wetlands and restoration efforts shall be from locally grown stock or from a nursery that has an approved monitoring program for the glassy-winged sharpshooter. Lead Agency: City of Petaluma Implementing Agency: Design Engineer Timing: Start: Upon certification of the EIR Complete: Prior to the start of landscaping or restoration Monitoring Agency: City of Petaluma Validation: Specifications for restoration and landscaping contracts DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-13 PD-3 Liquefaction Protection Description: The City shall densify or solidify soil as necessary where site specific conditions are identified that are liquefaction prone. Overexcavation and replacement of liquefiable soil will be viable for some of the construction. Vibro-replacement or compaction grouting would also be effective, especially in areas of deeper excavation or trenching. Special foundation designs (e.g., pile or structural slab) may be appropriate for structures such as the new structures near existing Pond No. 10. Piles are not required for new facilities in existing Ponds No. 1 and 4. Lead Agency: City of Petaluma Implementing Agency: Design Engineer Timing: Start: Upon certification of the EIR Complete: At completion of construction Monitoring Agency: City of Petaluma Validation: Design-phase geotechnical report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-14 PD-4 Seismic Design to Resist Ground Shaking Description: The City shall take into account the high probability of strong seismic ground shaking, by incorporating design features that accommodate lateral movements and flexibility. Construction of all facilities and earth embankments should meet UBC standards for Seismic Zone 4, Seismic Source Type A, and Seismic Coefficients of 0.44 Na (Ca) and 0.64 Na (Cv). UBC soil profile type for the site is Sd and near source factors for the Rodger’s Creek fault are 1.19 (Na) and 1.58 (Nv). New facilities should be designed in accordance with the Sonoma County building codes which incorporate the seismic design for Zone 4 provisions of the 1997 Uniform Building Code. Lead Agency: City of Petaluma Implementing Agency: Design Engineer Timing: Start: Upon certification of the EIR Complete: Upon completion of construction Monitoring Agency: City of Petaluma Validation: Design-phase geotechnical report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-15 PD-6 Standard Engineering Methods for Corrosive Soils Description: The City shall sample soils for corrosivity and remove affected soils. Facilities shall be constructed of materials not susceptible to corrosion or designed to provide corrosion protection. Lead Agency: City of Petaluma Implementing Agency: Design Engineer Timing: Start: Upon certification of the EIR Complete: Upon completion of construction Monitoring Agency: City of Petaluma Validation: Design-phase geotechnical report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-16 PD-8 Erosion, Stormwater Runoff, and Spill Control Measures Description: The City shall develop and implement measures designed to prevent significant construction impacts to water quality. Examples of possible measures include the following: Construction Site Best Management Practices (BMPs) ID BMP Name Temporary Soil Stabilization SS-1 Scheduling SS-2 Preservation of Existing Vegetation SS-3 Hydraulic Mulch SS-4 Hydroseeding SS-5 Soil Binders SS-6 Straw Mulch SS-7 Geotextiles, Plastic Covers, & Erosion Control Blankets/Mats SS-8 Wood Mulching SS-9 Earth Dikes/Drainage Swales & Ditches SS-10 Outlet Protection/Velocity Dissipation Devices SS-11 Slope Drains Temporary Soil Stabilization SC-1 Silt Fence SC-2 Desilting Basin SC-3 Sediment Trap SC-4 Check Dam SC-5 Fiber Rolls SC-6 Gravel Bag Berm SC-7 Street Sweeping and Vacuuming SC-8 Sandbag Barrier SC-9 Straw Bale Barrier SC-10 Storm Drain Inlet Protection Wind Erosion Control WE-1 Wind Erosion Control Tracking Control TC-1 Stabilized Construction Entrance/Exit TC-2 Stabilized Construction Roadway TC-3 Entrance/Outlet Tire Wash Non-Storm Water Management NS-1 Water Conservation Practices NS-2 Dewatering Operations DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-17 Construction Site Best Management Practices (BMPs) ID BMP Name NS-3 Paving and Grinding Operations NS-4 Temporary Stream Crossing NS-5 Clear Water Diversion NS-6 Illicit Connection/Illegal Discharge Detection and Reporting NS-7 Potable Water/Irrigation NS-8 Vehicle and Equipment Cleaning NS-9 Vehicle and Equipment Fueling NS-10 Vehicle and Equipment Maintenance Waste Management and Materials Pollution Control WM-1 Material Delivery and Storage WM-2 Material Use WM-3 Stockpile Management WM-4 Spill Prevention and Control WM-5 Solid Waste Management WM-6 Hazardous Waste Management WM-7 Contaminated Soil Management WM-8 Concrete Waste Management WM-9 Sanitary/Septic Waste Management WM-10 Liquid Waste Management Source: Caltrans 2000. In addition, stormwater runoff from the existing oxidation pond site during operation shall be diverted into the wastewater treatment system. Stormwater runoff from the visitors parking lot on Parcel A shall be treated either by diversion into the wastewater treatment system or installation of an oil and grease separator at the bottom of the lot. Construction within the Petaluma River or the lower 300 feet of Ellis Creek shall be performed from a barge and with divers when appropriate. Excavation underwater shall be done with pressurized water. Lead Agency: City of Petaluma Implementing Agency: Construction Manager Timing: Start: Prior to start of construction Complete: Upon completion of construction DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-18 Monitoring Agency: City of Petaluma and San Francisco Bay Regional Water Quality Control Board Validation: Storm Water Pollution Prevention Plan DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-19 PD-20 Protection of Previously Undiscovered Historic and Archaeological Resources Description: If subsurface archaeological or historical remains, that qualify as a historic resource or unique archeological resource under CEQA Guidelines Section 15064.5, are discovered during construction, work in the area shall stop immediately and a qualified archaeologist shall evaluate any materials and recommend appropriate treatment. A Native American monitor shall be present for the investigation, if the local Native American tribe requests. Avoidance of impacts to the resource are preferable. In considering any suggested measures proposed by the consulting archaeologist in order to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is feasible in light of factors such as the nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures as recommended by the archaeologist (e.g., data recovery) shall be instituted. Work may proceed on other parts of the Project while mitigation for the historic resources or unique archaeological resources is being carried out. If human burials are encountered, all work in the area will stop immediately and the Sonoma County coroner’s office shall be notified immediately. If the remains are determined to be Native American in origin, both the Native American Heritage Commission and any identified descendants must be notified and recommendations for treatment solicited (CEQA Section 15064.5); Health and Safety Code Section 7050.5; Public Resources Code Section 5097.94 and 5097.98). Lead Agency: City of Petaluma Implementing Agency: Design Engineer and City of Petaluma Timing: Start: Upon certification of the EIR Completion: Completion of construction Monitoring Agency: City of Petaluma Validation: A qualified professional archaeologist and Native American tribe affiliated with the area shall be consulted if subsurface archaeological or historical remains are discovered. DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-20 MITIGATION MEASURES This section contains mitigation measures to be implemented prior to, during, and immediately following project construction. These measures generally require the construction manager to follow certain constraints during construction and to repair and rehabilitate impacts resulting from construction of the project. Compliance with these mitigation measures would result in minimizing, rectifying, or reducing adverse environmental impacts. Those measures that are applicable to construction and operation of the larger Water Recycling Facility project, but that are not related to construction of the outfall at the new location are listed below. The full text of those measures applicable to the outfall component of the Project is provided on the following pages. Mitigation Measures not Applicable to Outfall Relocation GW-1 Drinking Water Well Protection Program WQ-1a Chromium Monitoring and Source Reduction Program WQ-1b Nickel Monitoring and Source Reduction Program Program WQ-1c Bis(2-ethylhexyl)phthalate Effluent Monitoring and Source Reduction Program WQ-1d Constituents not Monitored in Effluent Monitoring and Source Reduction WQ-1e Dioxin/Furan Congener Monitoring and Source Reduction Program BIO-1c Wildlife Protection Program BIO-2b Rookery Protection Program BIO-4 Prepare a Riparian Census and Conceptual Riparian Mitigation Plan BIO-7 Create or Restore Wetlands and Waters of the U.S. TR-1a Reroute Construction Worker Trips TR-1b Install Signage to Reroute Employee and Visitor Trips DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-21 BIO-1a Special-status Species Protection Program Description: The City shall implement an Special-status Species Protection Plan, as follows: • A Worker Environmental Awareness Training Program for construction personnel shall be provided that addresses sensitive habitats and special-status species that may be found on-site and outline procedures in the event a special-status species is encountered. • Any ground-disturbing construction activity in Ellis Creek (i.e., in the bank or bed of the channel) or slough channel shall be 1) conducted when no or low freshwater flow from upstream into the work area (which will potentially be tidal at the time of construction) is occurring to avoid downstream transport of sediment and impacts on any migrating salmonid fish, or other rare aquatic species; and 2) conducted between coffer dams around which any tidal or stream flow shall be routed. Prior to coffer dam installation, a qualified biologist shall seine the area between the dams to determine if sensitive species are present. If sensitive species are present, they should be relocated in consultation with NMFS, USFWS, and CDFW consistent with federal and State regulations. • Facilities shall be located and constructed using methods that minimize the loss of existing riparian or marsh vegetation. Unavoidable loss of riparian vegetation shall be mitigated by planting sufficient native riparian vegetation to compensate for the loss of shade and habitat. • A 20-foot buffer zone from the top of the bank of Ellis Creek shall be established, where feasible, and fenced during construction. • If aquatic habitat must be removed, create or restore like habitat on site at a compensatory ratio of 1:1 (1 acre of restored habitat for every 1 acre impacted) or as required by the Corps of Engineers or Regional Water Quality Control Board. Identify opportunities to improve current habitat conditions within Ellis Creek and implement, where feasible. Cropped upland is available as mitigation sites for salt marsh, freshwater marsh, or stream impacts. Shollenberger Park also has sites available for mitigation for river habitat impacts. • Best management practices shall be implemented to control erosion, sedimentation, and runoff of pollutants. As an appropriate example, best management practices are described in the Caltrans Storm Water Quality Handbooks: Construction DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-22 Site Best Management Practices Manual (May 2017). Refer to PD-8 for a potential list. These shall be implemented as necessary under the supervision of the construction manager. Detailed specifications shall be incorporated onto bid documents and construction drawings. • Construction and grading activities that would affect Ellis Creek, or upland areas that might erode into the creek or marsh, shall be restricted to the dry season. • For work within or adjacent to the tidal marsh, temporary salt marsh harvest mouse exclusion fence shall be installed around the construction footprint and buried to a depth of 4 inches. The fence shall be constructed of heavy plastic sheeting curved outward at the top from the construction area to prevent mice from climbing or passing through. Fence height shall be at least 12 inches higher than adjacent vegetation. A qualified biologist shall inspect the fence as needed, to ensure there are no gaps or damage. Stakes shall be located on the inside of the exclusion fence (to deter mice from climbing stakes). Lead Agency: City of Petaluma Implementing Agency: City of Petaluma Public Works & Utilities Department Timing: Start: Before start of construction of the affected area Complete: Upon completion of construction Monitoring Agency: City of Petaluma and Construction Manager Validation: Annual report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-23 BIO-1b Rare, Threatened and Endangered Plant Protection Program Description: The City shall retain a qualified biologist to conduct floristically-based surveys for special-status plants in accordance with the CDFG’s “Guidelines for Assessing the Effects of Proposed Developments on Rare and Endangered Plants and Plant Communities” prior to initiation of construction activities. The purpose of these surveys will be to locate and identify any special-status plants that may occur in the proposed construction zone. If special-status plants are located during the surveys, exclusionary buffer zones (recommend a minimum 20-foot buffer, where feasible) shall be established around each population site. Mesh fencing shall be installed at the boundary of the exclusionary buffer zone prior to initiation of construction activities. If complete avoidance cannot be achieved, the City shall submit a site-specific mitigation and compensation program for the affected plants in consultation with the CDFG. The mitigation program shall include the results of the surveys, delineation of suitable habitats for restoration or planting of rare species, procedures for obtaining seed before construction, and performance standards for success of the mitigation program. Sufficient areas exist along Ellis Creek and elsewhere on the site to create or restore plant communities if needed. Lead Agency: City of Petaluma Implementing Agency: City of Petaluma Public Works & Utilities Department Timing: Start: After certification of the EIR start of construction Complete: Upon completion of construction Monitoring Agency: City of Petaluma Validation: Annual report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4 City of Petaluma Water Recycling Facility & River Access Improvements July 2022 Mitigation Monitoring Program – Outfall Relocation Page MMP-24 BIO-2a Active Raptor and Migratory Bird Nest Protection Program Description: The City shall retain a qualified biologist to conduct pre-construction surveys to determine if any active raptor or migratory bird nests occur within 500 feet of the project area at least two weeks prior to initiation of construction activities. If active nests are located in the study area, construction exclusion zones shall be established around each active nest. Appropriate construction exclusion zones shall be established through consultation with CDFG. Construction activities shall be prohibited within exclusion zone until the end of the nesting season. During construction, a qualified biologist shall monitor each nest to evaluate potential nesting disturbances caused by the construction activities. The monitor shall have the authority to stop construction if it appears to be having a negative impact on the nesting raptors. The monitor shall also monitor the nest to determine when the young have fledged and submit weekly reports to the CDFG and the City of Petaluma throughout the nesting season. Lead Agency: City of Petaluma Implementing Agency: City of Petaluma Public Works & Utilities Department Timing: Start: Before start of construction Complete: Upon completion of construction Monitoring Agency: City of Petaluma and Construction Manager Validation: Annual report DocuSign Envelope ID: B80E65DB-7C69-4B88-B5DF-106F5A0257B4