00-31-24-01_1-5-C_NEPA_Mitigation_Measures.pdf

NEPA Mitigation Measures

The following table outlines the requirements for the Mitigation Measures that are provided in the joint

Record of Decision (ROD) issued on June 9, 2023.

Required Mitigation Measures1

Water Resources (WR)-1: Adherence to National Pollutant Discharge Elimination System permit conditions (operational effluent limitations, monitoring requirements, etc.).

Biological Resources-1 (General): A CFWO-approved biologist (Biological Monitor)a will be onsite: (a) during clearing and grubbing; and (b) weekly during project construction within 500 feet of gnatcatcher or vireo habitat to ensure compliance with all conservation measures. USIBWC will submit the biologist’s name, address, telephone number, and work schedule on the project to the CFWO at least 5 working days prior to initiating project impacts. The contract of the Biological Monitor will allow direct communication with the CFWO at any time regarding the proposed project. The Biological Monitor will be provided with a copy of this consultation. The Biological Monitor will be available during pre-construction and construction phases to review grading plans, address protection of sensitive biological resources, monitor ongoing work, and maintain communications with the Contracting Officer’s Representative (COR) to ensure that issues relating to biological resources are appropriately and lawfully managed. The Biological Monitor will perform the following duties:

a. Perform a minimum of three focused surveys, on separate days, to determine the presence of gnatcatcher or vireo nest building activities, egg incubation activities, or brood rearing activities within 500 feet of project construction proposed during the breeding season (February 15-September 15). The surveys will begin a maximum of 7 days prior to project construction and one survey will be conducted the day immediately prior to the initiation of work. Additional surveys will be done once a week during project construction in the breeding season. These additional surveys may be suspended as approved by the CFWO. USIBWC will notify the CFWO at least 7 days prior to the initiation of surveys and within 24 hours of locating any gnatcatchers or vireos.

b. If an active gnatcatcher or vireo nest is found within 500 feet of project construction, the

Biological Monitor will report the nest(s) to EPA, USIBWC, and the CFWO. After initial identification of the nest, the biological monitor will not approach within 25 feet of an active nest; nest monitoring will occur with binoculars. Signage will be installed to deter people from entering any area with an active gnatcatcher or vireo nest. The Biological Monitor will use the distance to the project limits and local topography to determine if construction activities are likely to significantly disturb nesting activities. Where disturbance of any gnatcatcher or vireo nest(s) is likely, USIBWC will contact the CFWO to discuss further measures to avoid the likelihood of nest disturbance, such as: (i) temporarily halting construction activities within 500 feet until the nest naturally fails or fledglings have dispersed; (ii) noise monitoring and noise reducing measures (e.g., equipment shrouds, noise walls, phasing loud activities adjacent to occupied habitat outside the breeding season); and (iii) a nest monitoring program and schedule acceptable to the CFWO. The Biological Monitor will determine whether bird activity a The Biological Monitor will be a trained ornithologist with at least 40 hours of independent gnatcatcher and vireo observation in the field and documented experience of at least 20 hours of locating and monitoring gnatcatcher and vireo nests. If necessary, more than one biologist may be used.

is being disrupted during construction activities. If the Biological Monitor determines that bird activity is being disrupted, USIBWC will stop work and coordinate with the CFWO to review the avoidance/minimization approach. Upon agreement as to the necessary revisions to the avoidance/minimization approach, work may resume subject to the revisions and continued nest monitoring. Nest monitoring will continue until the nest naturally fails or fledglings have dispersed, as approved by the CFWO.

c. For clearing/grubbing of suitable gnatcatcher habitat outside the gnatcatcher breeding season, perform a minimum of three focused preconstruction surveys, on separate days, to determine the presence of gnatcatchers in the project impact footprint. Surveys will begin a maximum of 30 days prior to performing vegetation clearing/grubbing, and one survey will be conducted the day immediately prior to the initiation of vegetation clearing. If any gnatcatchers are found in the project impact footprint, the Biological Monitor will direct construction personnel to begin vegetation clearing/grubbing in an area away from the gnatcatchers. It will be the responsibility of the Biological Monitor to ensure that gnatcatchers will not be injured or killed by vegetation clearing/grubbing. The Biological Monitor will record the number and location of gnatcatchers disturbed by vegetation clearing/grubbing. USIBWC will notify the CFWO at least 7 days prior to vegetation clearing/grubbing to allow the CFWO to coordinate with the Biological Monitor on potential bird flushing activities.

d. Oversee installation of and inspect the construction fencing and erosion control measures a minimum of once per week to ensure that any breaks in the fencing or erosion control measures are repaired immediately.

e. Periodically monitor the work area to ensure that work activities do not generate excessive amounts of dust.

f. Train all contractors and construction personnel on the biological resources associated with the project and ensure that training is implemented by construction personnel. At a minimum, training will include: (i) the purpose for resource protection; (ii) a description of the gnatcatcher, vireo, and their habitats; (iii) the conservation measures that should be implemented during project construction to conserve the gnatcatcher and vireo, including strictly limiting activities, vehicles, equipment, and construction materials to the fenced project footprint to avoid sensitive resource areas in the field (i.e., avoided areas delineated on maps or on the project site by fencing); (iv) environmentally responsible construction practices; (v) the protocol to resolve conflicts that may arise at any time during the construction process;

and (vi) the general provisions of the Act.

g. Request that the Contracting Officer (CO) halt work, if necessary, and confer with the CFWO to ensure the proper implementation of species and habitat protection measures. The Biological Monitor will report any non-compliance issue to the CFWO within 24 hours of its occurrence.

h. Monitor the project site immediately prior to and during construction (at least monthly) to identify the presence of invasive weeds and recommend measures to avoid their inadvertent spread in association with the project. Such measures may include inspection and cleaning of construction equipment and use of eradication strategies.

i. Submit email reports (weekly during the breeding season and monthly during the non-breeding season), including photographs of impact areas, to the CFWO during clearing of, and construction within, 500 feet of gnatcatcher or vireo habitat. The reports will document that authorized impacts were not exceeded and general compliance with all conditions. The reports will also outline the location of construction activities, the type of construction that occurred, and equipment used. These reports will specify numbers, locations, and sex of gnatcatchers or vireos (if observed), their observed behavior (especially in relation to construction activities), and remedial measures employed to avoid and minimize impacts to these species. Raw field notes should be available upon request by the CFWO.

j. Submit a final report to the CFWO within 60 days of completion of project construction that includes: photographs of habitat areas that were to be avoided and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance with all conservation measures was achieved. Provide as-built construction drawings with an overlay of habitat that was impacted and avoided once they have been completed.

See U.S. Fish and Wildlife (USFWS) letter of concurrence, dated May 31, 2023 (USFWS Consultation Number 2022-0014986-S7-I_SD) Conservation Measures 1 [Ref: USFWS CM 1]

BR-2 (General): The limits of project impacts (including staging areas and access routes) will be temporarily fenced (with silt barriers) to prevent additional impacts and the spread of silt from the construction zone into adjacent avoided habitats. Fencing will be installed in a manner that does not impact avoided habitats. USIBWC will submit to the Carlsbad Fish and Wildlife Office (CFWO) for approval, at least 2 days prior to initiating project impacts, photographs that show the fenced limits of impact. If work occurs within habitat for listed species beyond the fenced/marked limits of impact, all work will cease until the problem has been remedied to the satisfaction of the CFWO. Any impacts to habitat for listed species that occur beyond the approved fence will be offset as determined by the Service. Temporary construction fencing will be removed upon project completion. [Ref: USFWS CM 2]

BR-3 (General): Confine all heavy equipment, vehicles, and construction activities to existing access roads, road shoulders, and disturbed/developed or designated work areas. Work areas will be limited to what is necessary for construction. [Ref: USFWS CM 3]

BR-4 (General): All materials imported into the project footprint (e.g., straw wattles, gravel, and mulch) will be obtained from sources that are free of noxious weeds to be confirmed through periodic inspections conducted by the Biological Monitor. [Ref: USFWS CM 4]

BR-5 (General): Wash stations will be set up at all vehicle entrances into the project footprint to remove plant material, mud, and dirt from vehicles before entering the project footprint. Sediment accumulated from the washing will be removed daily and placed in a sealed container for disposal in an approved landfill. Project workers will use boot brushes, a metal scraper, soap, water and scrub brushes to remove mud, debris, and plant materials found on their clothing and personal equipment.

[Ref: USFWS CM 5]

BR-6 (General): Best Management Practices (BMPs) for erosion control, stormwater runoff, hazardous material handling, and stockpile management will be implemented to prevent pollution caused by construction operations and to reduce contaminated stormwater runoff. [Ref: USFWS CM 6]

BR-7 (General): All construction equipment will be inspected for leaks prior to being brought onsite. All equipment shall be well maintained and inspected daily while onsite to prevent leaks of fuels, lubricants or other fluids into wetlands and waterways. [Ref: USFWS CM 7]

BR-8 (General): Service and refueling procedures will be conducted in a designated area where there is no potential for fuel spills to seep or wash into waterways. [Ref: USFWS CM 8]

BR-9 (General): No pets, hunting, open fires (such as barbecues), or firearms will be permitted at the project site. [Ref: USFWS CM 9]

BR-10 (General): Project lighting will be of the lowest illumination necessary for safety and will be directed toward the construction area and away from sensitive habitats, as feasible. Light glare shields will be used to reduce the extent of illumination into sensitive habitats. In particular, lighting that causes direct illumination into sensitive habitats (e.g., riparian and coastal sage scrub) will be avoided during the period from one hour past sunset through one hour before sunrise. [Ref: USFWS CM 10]

BR-11 (General): Ground disturbance and vegetation removal will not exceed the minimum amount necessary to complete work at the site. [Ref: USFWS CM 11]

BR-12 (General): All areas where revegetation is required will be replanted with native species. A native plant restoration and monitoring plan will be developed by a qualified botanist in coordination with the CFWO. [Ref: USFWS CM 12]

BR-13 (General): Erosion control materials will be installed per manufacturing material specifications and must not contain monofilament netting. Only tightly woven netting or similar material will be used for all geo-synthetic erosion control materials such as coir rolls and geo-textiles. All non-biodegradable erosion control materials will be removed following project completion. [Ref: USFWS CM 13]

BR-14 (General): All construction personnel will visually check for wildlife on or beneath vehicles and construction equipment before moving or operating them. [Ref: USFWS CM 14]

BR-15 (General): If listed wildlife is observed within the work area or its immediate vicinity, work will stop until the animal leaves the area of its own volition. The animal will not be harried or harassed into leaving the area. If the animal does not leave of its own accord, the project biologist will be contacted for further guidance. [Ref: USFWS CM 15]

BR-16 (General): During project activities, all trash will be properly contained in covered garbage receptacles. Following construction, all trash and construction debris from project sites will be removed. [Ref: USFWS CM 16]

BR-17 (General): Impacts from fugitive dust during construction will be avoided and minimized through limiting vehicle speeds to 20 miles per hour, controlling vehicle access, watering, and other appropriate measures. [Ref: USFWS CM 17]

BR-18 (Coastal sage scrub): Clearing of coastal sage scrub will occur outside the gnatcatcher nesting season (February 15 to August 31, or sooner if the Biological Monitor demonstrates to the satisfaction of the CFWO that there are no active gnatcatcher nests within 500 feet of the vegetation removal area). [Ref: USFWS CM 26]

Noise (NO)-1: Construction timing limited to Monday-Saturday from 7:00 a.m. to 7:00 p.m.

NO-3: A Biological Monitor will be onsite during clearing and during construction within 500 feet of gnatcatcher or vireo habitat to conduct surveys, project monitoring, and reporting to ensure that clearing and construction activities do not adversely affect gnatcatcher or vireo. See CM 1 in the USFWS letter of concurrence, dated May 31, 2023 (USFWS Consultation Number 2022-0014986-S7- I_SD), for the full text of the conservation measure.

NO-4: Proper siting of biogas-fueled engine and electrical generator within the IWTP parcel (e.g., away from the property boundary) with incorporation of noise attenuation features.

Cultural Resources Monitor: A cultural resources monitor will be present during excavation activities.

AQ-2: Appropriate use of scrubbers, aeration, fugitive emissions containment system, and/or other odor controls to lessen odor impacts.

AQ-3: Installation of best available control technology emissions reduction technologies for criteria pollutants and/or hazardous air pollutants (HAPs) (e.g., biogas pretreatment to remove formaldehyde and hydrogen sulfide [H2S], selective catalytic reduction to remove nitrogen oxides [NOx], catalytic oxidation to remove volatile organic compounds [VOCs], combustion of biogas).

AQ-4: Development and implementation of a Fugitive Dust Control Plan to reduce fugitive dust emissions and community exposure to fugitive dust. The plan will apply to both active and inactive construction sites (i.e., including weekends and holidays) and to related activities including hauling and storage of fill material. This includes, but is not limited to, the following recommendations:

▪ Stabilizing of disturbed areas by covering and/or applying water or chemical/organic dust palliative.

▪ Covering of hauled and stockpiled materials to prevent spillage or transport by wind.

▪ Phasing of activities that produce substantial amounts of dust (e.g., grading operations and dumping of soil) and avoiding these activities under windy conditions.

▪ Limiting speed of earth-moving equipment to 10 mph.

▪ Placing stockpiles in locations away from nearby receptors.

AQ-5: Inclusion of construction fleet emissions reduction strategies. Examples include, but are not limited to the following:

▪ Energy-efficient and fuel-efficient fleets.

▪ Alternative fuel vehicles (e.g., electric, natural gas, biodiesel).

▪ Best available emissions control technology, including zero-emission technologies; on-highway vehicles that meet or exceed EPA exhaust emissions standards for model year 2010 and newer heavy-duty on-highway compression-ignition engines (and/or more stringent upcoming regulations such as EPA’s proposed “Clean Trucks Plan”); and nonroad vehicles and equipment that meet or exceed EPA Tier 4 exhaust emissions standards for heavy-duty nonroad compression-ignition engines.

▪ Add-on emission controls, where appropriate (e.g., diesel particulate filters).

▪ Grid-based electricity for generators.

AQ-6: Coordination with California Department of Parks and Recreation regarding construction and operation schedules to ensure, to the extent practicable, that activities with potential to generate substantial dust emissions at/near the IWTP parcel and the Nelson Sloan quarry do not take place concurrently (e.g., grading, fill, or sediment hauling activities at the IWTP parcel taking place concurrently with sediment hauling and deposition at the quarry).

TR-2: Development and implementation of a Construction Traffic Management Plan to include specific measures for reducing vehicle trips and vehicle miles traveled (VMT) by the construction vehicle fleet (in particular, reducing heavy truck trips in areas currently experiencing extremely high overburdens from traffic impacts and/or traffic proximity).

TR-3: Development and implementation of an Operational Traffic Management Plan to include specific measures for reducing vehicle trips and VMT during treatment plant operations and employee commuting (in particular, reducing heavy truck trips in areas currently experiencing extremely high overburdens from traffic impacts and/or traffic proximity).

TR-5: Local sourcing of fill material from within the Tijuana River Valley to limit haul route distances, such as from the sediment deposits in Goat Canyon or Smuggler’s Gulch.

End Notes

1 Note: Mitigation Measures BR-22, BR-23, CR-1, TR-4, and NO-2 provided in the NEPA Record of Decision for the USMCA Project dated 6/9/23 are not applicable to the SBIWTP expansion and thus are not included in this IA.