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HomeMy WebLinkAboutChapter 4 Mitigation Monitoring and Reporting ProgramPoplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-1 Final EIR October 2023 Chapter 4. Mitigation Monitoring and Reporting Program 4.1 Introduction The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Environmental Impact Report has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, 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” (CEQA, Public Resources Code Sections 21081, 21081.6). A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the South Poplar Distribution Center Project (Project). The City of Fontana is the Lead Agency for the Project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP. 4.2 Mitigation Monitoring and Reporting Program The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the South Poplar Distribution Center Project. The table identifies the Plans, Policies and Programs (PPPs) and mitigation measures required by the City to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance. The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed. Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-2 Final EIR October 2023 This page intentionally left blank. Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-3 Final EIR October 2023 TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM SOUTH POPLAR DISTRIBUTION CENTER PROJECT EIR Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AIR QUALITY PPP AQ-1: Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following: - All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. - The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid- morning, afternoon, and after work is done for the day. - The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less. In construction plans and specifications. Prior to grading and building permits. City of Fontana Building & Safety Department PPP AQ-2: Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used. In construction plans and specifications. Prior to building permits. City of Fontana Building & Safety Department PPP AQ-3: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. In construction plans and specifications. During Project operation. Prior to grading and building permits. City of Fontana Building & Safety Department PPP AQ-4: Rule 1470 – Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines. The Project is required to obtain a permit from SCAQMD for the proposed diesel fire pump and In construction plans and specifications. During Project operation. Prior City of Fontana Building & Safety Department and SCAQMD Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-4 Final EIR September 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials would be required to comply with Rule 1470, regulating the use of diesel-fueled internal combustion engines. to grading and building permits. BIOLOGICAL RESOURCES Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should occur outside of the nesting bird season (generally between February 1 and August 31). If vegetation removal is required during the nesting bird season, the applicant must conduct take avoidance surveys for nesting birds prior to initiating vegetation removal/clearing. Surveys will be conducted by a qualified biologist(s) within three days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers and other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction-related activities, staggered schedules, etc.) to ensure that impacts to nesting birds are avoided until the nest is no longer active. At a minimum, construction activities will stay outside of a 200-foot buffer around the active nests. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and San Bernardino County Environmental Planning & Maintenance Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur. Submittal of pre-activity nesting bird field survey results report (during Feb 1 – Aug 31). Within 3 days of vegetation removal. City of Fontana Planning Department, qualified biologist and San Bernardino County Environmental Planning & Maintenance Division PPP BIO-1: California Fish and Game Code, Sections 3503.5, 3511, 3515. Section 3503.5 of the California Fish and Game Code states that it is “unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Activities that result in the abandonment of an active bird of prey nest may also be considered in violation of this code. In addition, California Fish and Game Code, Section 3511 prohibits the taking of any bird listed as fully protected, and California Fish and Game Code, Section 3515 states that is it unlawful to take any non-game migratory bird protected under the MBTA. In construction plans and specifications. During Project construction activities. City of Fontana Planning Department and qualified biologist CULTURAL RESOURCES Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-5 Final EIR October 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure CUL-1: Archaeological Monitoring. Prior to the issuance of the first grading permit, the applicant shall provide a letter to the City Planning Division, or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A, stating that qualified archeologists have been retained and will be present at pre-grade meetings and for all initial ground disturbing activities, up to five feet in depth. Additionally, tribal monitor(s) shall be required on-site during all ground-disturbing activities. Archaeological and Native American monitoring and excavation during construction shall be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Upon discovery of any tribal cultural or archaeological resources, construction activities shall be halted within 60 feet of the find until the find can be assessed. All cultural, tribal and archaeological resources unearthed by Project construction activities shall be evaluated by the qualified archaeologist and tribal monitor. If the resources are Native American in origin, interested Tribes (as a result of correspondence with area Tribes) shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the project while evaluation takes place. Preservation in place shall be the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavation to remove the resource along the subsequent laboratory processing and analysis. All Tribal Cultural Resources shall be returned to the Tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, if such an institution agrees to accept the material. If no institution accepts the archaeological material, Retain archaeological monitor and submit letter. Prior to the issuance of the first grading permit. City of Fontana Planning Department. Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-6 Final EIR September 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. PPP CUL-1: Human Remains. If human remains are found on this site, the developer/permit holder or any successor in interest shall comply with State Health and Safety Code Section 7050.5. Pursuant to State Health and Safety Code Section 7050.5, if human remains are encountered, no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resources Code Section 5097.98 (b), remains shall be left in place and free from disturbance until a final decision as to the treatment and their disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted by the Coroner within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the “Most Likely Descendant”. The Most Likely Descendant shall then make recommendations and engage in consultation with the property owner concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. In construction plans and specifications. During construction activities. City of Fontana Planning Department ENERGY PPP E-1: CalGreen Compliance: The Project is required to comply with the CalGreen Building Code to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval In construction plans and specifications. Prior to grading and building permits. City of Fontana Building & Safety Department GEOLOGY AND SOILS PPP GEO-1: CBC Compliance. The project is required to comply with the California Building Standards Code as included in Chapter 5, Article III, Section 6-51 of the Fontana Municipal Code to preclude significant adverse effects associated with seismic and soils hazards. CBC related and geologist and/or civil engineer specifications for the proposed Project are required to be incorporated into grading plans and building specifications as a condition of construction permit approval. In construction plans and specifications. Prior to grading and building permits. City of Fontana Building & Safety Department MM PAL-1: Paleontological Monitoring. Prior to the issuance of grading permits, the Project Applicant/developer shall submit to and receive approval from the City, a Paleontological Resource Impact Mitigation Retain Paleontologist and submit PRIMP to city. City of Fontana Planning Department Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-7 Final EIR October 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Program (PRIMP). The PRIMP shall include the provision for a qualified professional paleontologist (or his or her trained paleontological representative) to conduct monitoring during mass grading and excavation activities in undisturbed Pleistocene alluvial fan sediment, starting at a depth of five feet. If a fossil(s) is found at shallower depths, earth disturbance activities should be halted within a radius of 50 feet from the location of the fossil, and the approved Project paleontologist shall be consulted to determine the significance of the fossilized remains. If the fossil is deemed significant by the paleontologist, full-time monitoring should be initiated at the Project. The paleontologist shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays. The paleontologist shall also remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates. The paleontologist shall have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens. Collected samples of sediments shall be washed to recover small invertebrate and vertebrate fossils. Recovered specimens shall be prepared so that they can be identified and permanently preserved. Specimens shall be identified and curated and placed into an accredited repository (such as the San Bernardino County Museum) with permanent curation and retrievable storage. Prior to curation, the City of Fontana shall be consulted on the repository/museum to receive the fossil material. A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined above. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the City of Fontana Planning Department, will signify completion of the program to mitigate impacts to paleontological resources. Prior to grading and building permits. GREENHOUSE GAS EMISSIONS Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-8 Final EIR September 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials PPP GHG-1: City of Fontana’s Industrial Commerce Centers Sustainability Standards. Prior to issuance of a business license, the City of Fontana Planning Director shall ensure that the proposed Project implements the requirements set forth in the City of Fontana’s Industrial Commerce Centers Sustainability Standards that are applicable to the Project. Prior to issuance of business license. City of Fontana Planning Department HAZARDS AND HAZARDOUS MATERIALS PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of a Demolition Permit, the Project Applicant/Developer shall submit verification to the County Building Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project Applicant/Developer shall follow all procedural requirements and regulations of SCAQMD 1403. Rule 1403 regulations require the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. Prior to issuance of a demolition permit. City of Fontana Planning Department and County Building Division PPP HAZ-2: Transportation of Hazardous Waste. Hazardous materials and hazardous wastes will be transported to and/or from the project developed as required by the County of San Bernardino’s Hazardous Materials Division in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (CFR) (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. In construction plans and specifications. During construction. City of Fontana Planning Department PPP HAZ-3: Resource Conservation and Recovery Act. Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with the Subtitle C of the Resource Conservation and Recovery Act (RCRA) (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The San Bernardino County Fire Department serves as the designated Certified Unified Program Agency (CUPA) which implements state and federal regulations for the following programs: (1) Hazardous Materials Release Response Plans and Inventory Program, (2) California Accidental Release Prevention (CalARP) Program, (3) Aboveground Petroleum Storage Act Program, and (4) UST In construction plans and specifications. During construction. City of Fontana Planning Department Poplar South Distribution Center 4. Mitigation Monitoring and Reporting Program City of Fontana 4-9 Final EIR October 2023 Plan, Policy, Program / Mitigation Measure Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Program (5) Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs (6) Hazardous Materials Management Plan and Hazardous Material Inventory Statement Program. HYDROLOGY AND WATER QUALITY PPP HYD-1: Comply with NPDES. Since this Project is one acre or more, the permit holder shall comply with all of the applicable requirements of the National Pollutant Discharge Elimination System (NPDES) and shall conform to NPDES Best Management Practices for Stormwater Pollution Prevention Plans during the life of this permit. In construction plans and specifications. Prior to grading and building permits. City of Fontana Planning Department PPP HYD-2: NPDES/SWPPP. Prior to issuance of any grading or construction permits - whichever comes first - the applicant shall provide the Building and Safety Department evidence of submitting a Notice of Intent (NOI), develop and implement a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. In construction plans and specifications. Prior to grading and building permits. City of Fontana Planning Department PPP HYD-3: WQMP. Pursuant to City Municipal Code Section 30-526, Infrastructure, the Project Applicant shall prepare a Water Quality Management Plan (WQMP) that is consistent with the San Bernardino County Flood Control District Standards and follows the WQMP guidance. In construction plans and specifications. Prior to grading and building permits. City of Fontana Planning Department NOISE PPP NOI-1: Construction Noise. As required by Fontana Municipal Code Section 18-63(b)(7), construction activities shall only take place between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturdays. Construction activities conducted outside of these hours would require previous approval from the City of Fontana. In construction plans and specifications. During construction activities. City of Fontana Planning Department PUBLIC SERVICES PPP PS-1: School Impact Fees. Prior to the issuance of either a certificate of occupancy or prior to building permit final inspection, the applicant shall provide payment of the appropriate fees set forth by the Fontana Unified School District related to the funding of school facilities pursuant to Government Code Section 65995 et seq. Prior to the issuance of certificate of occupancy or prior to building permit final inspection City of Fontana Planning Department