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HomeMy WebLinkAboutMMRP Fontana Civic Center❖ SECTION 7.0 - MITIGATION MONITORING AND REPORTING PROGRAM ❖ 7230/City of Fontana Civic Center Renovation Page 7-1 Initial Study/Mitigated Negative Declaration December 2023 7.0 MITIGATION MONITORING AND REPORTING PROGRAM The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with § 21081.6 of the Public Resources Code and § 15097 of the CEQA Guidelines, which requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a MND or an EIR. The MMRP ensures the implementation of the measures imposed to mitigate or avoid the significant adverse environmental impacts identified through the use of monitoring and reporting. Monitoring is generally an ongoing or periodic process of project oversight; reporting generally consists of a written compliance review that is presented to the decision-making body or authorized staff person. It is the intent of the MMRP to: (1) provide a framework for document implementation of the required mitigation; (2) identify monitoring/reporting responsibility; (3) provide a record of the monitoring/reporting; and (4) ensure compliance with those MM that are within the responsibility of the City and/or Applicant to implement. The following table lists impacts, mitigation measures adopted by the City of Fontana in connection with approval of the proposed project, level of significance after mitigation, responsible and monitoring parties, and the project phase in which the measures are to be implemented. Only those environmental topics for which mitigation is required are listed in this Mitigation Monitoring and Reporting Program. In addition to the mitigation measures detailed in Table 7.0-1, the project description includes a project design feature (PDF) that addresses a potential environmental impact by imposing an environmental commitment in the design of the project as part of the project description, as detailed in §§ 15064(f)(2) and 15126.4(a)(1)(A) of the CEQA Statutes and Guidelines. As discussed in Section 4.4, Biological Resources of this report, trees within the project site could provide suitable bird nesting sites. If construction takes place during the breeding/nesting season, direct impacts could occur through loss of nests, eggs, and young resulting from tree trimming and removal. To minimize the potential negative effect on special-status wildlife species, the project shall implement PDF BIO-1. This feature would minimize or avoid significant impacts to breeding and nesting birds, reducing potential impacts to a less than significant level. ❖ SECTION 7.0 - MITIGATION MONITORING AND REPORTING PROGRAM ❖ 7230/City of Fontana Civic Center Renovation Page 7-2 Initial Study/Mitigated Negative Declaration December 2023 Table 7.0-1 MITIGATION MONITORING AND REPORTING PROGRAM TOPICAL AREA IMPACT MITIGATION MEASURE RESPONSIBLE PARTY MONITORING ACTION 1. ENFORCEMENT AGENCY 2. MONITORING AGENCY 3. MONITORING PHASE 4.5 Cultural Resources Threshold 4.5 b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? MM CUL 1 If archaeological resources are discovered during construction activities, the contractor shall halt construction activities in the immediate area and notify the City of Fontana. The project applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology who will be notified and afforded the necessary time to recover, analyze, and curate the find(s). The qualified archaeologist shall recommend the extent of archaeological monitoring necessary to ensure the protection of any other resources that may be in the area. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A L) form and filed with the South Central Coastal Information Center. Construction activities may continue on other parts of the project site while evaluation and treatment of prehistoric archaeological resources takes place. Qualified Archaeologist and Project Contractor Field Verification 1. Fontana Planning Department 2. Fontana Planning Department 3. During construction activities Threshold 4.5 c): Would the project disturb any human remains, including those interred outside of formal cemeteries? MM CUL 2 If human remains are encountered during excavations associated with this project, all work shall stop within a 30-foot radius of the discovery and the San Bernardino County Coroner will be notified (§ 5097.98 of the Public Resources Code). The Coroner shall determine whether the remains are recent human origin or older Native American ancestry. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, they shall contact the NAHC. The NAHC shall be responsible for designating the Most Likely Descendant (MLD). The MLD (either an individual or sometimes a committee) shall be responsible for the ultimate disposition of the remains, as required by § 7050.5 of the California Health and Safety Code. The MLD shall make recommendations within 24 hours of notification by the NAHC. These recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (§ 7050.5 of the Health and Safety Code). Project Construction Contractor Field Verification 1. Fontana Planning Department 2. Fontana Planning Department 3. During project construction activities 4.7 Geology and Soils Threshold 4.7 f): Would the project MM GEO 1 Qualified Paleontologist Field Verification 1. Fontana Planning Department ❖ SECTION 7.0 - MITIGATION MONITORING AND REPORTING PROGRAM ❖ 7230/City of Fontana Civic Center Renovation Page 7-3 Initial Study/Mitigated Negative Declaration December 2023 TOPICAL AREA IMPACT MITIGATION MEASURE RESPONSIBLE PARTY MONITORING ACTION 1. ENFORCEMENT AGENCY 2. MONITORING AGENCY 3. MONITORING PHASE directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? If paleontological resources are uncovered during project construction, the contractor shall halt construction activities in the immediate area and notify the City. The on-call paleontologist shall be notified and afforded the necessary time and funds to recover, analyze, and curate the find(s). Subsequently, the monitor shall remain onsite for the duration of the ground disturbance to ensure the protection of any other resources that are found during construction on the project site. and Project Contractor 2. Fontana Planning Department 3. During construction activities 4.17 Traffic Threshold 4.17 d) Would the project result in inadequate emergency access? MM TRANS-1 The Transportation Management Plan (TMP) shall be reviewed and approved by the City’s Traffic Engineer prior to the start of construction activity in the public right- of-way (ROW). The typical TMP requires items such as the installation of K-rail between the construction area and open traffic lanes, the use of flaggers and directional signage to direct traffic where only one travel lane is available or when equipment movement creates temporary hazards, and the installation of steel plates to cover trenches under construction. The TMP shall stipulate that emergency access must be maintained at all times. Project Applicant Contract Specifications 1. Fontana Engineering Department 2. Fontana Engineering Department 3. During construction 4.18 Tribal Cultural Resources Threshold 4.18 b): Would the project cause a substantial adverse change in the significance of a tribal cultural resource that is determined to be a significant resource to a California Native American tribe pursuant to the criteria set forth in subdivision (c) of Public Resource Code § 5024.1(c)? MM TCR-1 Upon discovery of any tribal cultural or archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant. 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. Tribal Monitor, Qualified Archaeologist and Project Contractor Field Verification 1. Fontana Planning Department 2. Fontana Planning Department 3. During construction MM TCR-2 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, Tribal Monitor, Qualified Archaeologist and Project Contractor Field Verification ❖ SECTION 7.0 - MITIGATION MONITORING AND REPORTING PROGRAM ❖ 7230/City of Fontana Civic Center Renovation Page 7-4 Initial Study/Mitigated Negative Declaration December 2023 TOPICAL AREA IMPACT MITIGATION MEASURE RESPONSIBLE PARTY MONITORING ACTION 1. ENFORCEMENT AGENCY 2. MONITORING AGENCY 3. MONITORING PHASE if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the Tribe or a local school or historical society in the area for educational purposes. MM TCR-3 Archaeological and Native American monitoring and excavation during construction projects 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. Principal personnel shall meet the Secretary of the Interior standards for archaeology and have a minimum of 10 years’ experience as a principal investigator working with Native American archaeological sites in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. Tribal Monitor, Qualified Archaeologist and Project Contractor Field Verification